1875.] THE STATE v. BROOKS. 69
Argument for rehearing.
elusive and cannot be lawfully exercised by any other independent
When the law points out the mode and manner of doing
any particular act, it excludes all other modes. This is a
well-established principle, and has been frequently acted
upon by this court in reference to alienations by married
women of their separate estate or the homestead of the
family. (Berry v. Donley, 26 Tex., 745; Cooley's Const.
No one would seriously contend that a deed executed
out of this State, and intended for record here, could be
properly admitted to record unless the acknowledgment
was taken before some officer who, by the statutes of our
State, was authorized to take the acknowledgment of
deeds under such circumstances. (Craddock v. Merrill,
2 Tex., 494.)
The Constitution being the paramount law of the State,
and the officers who are to run the machinery of the State
Government being named in that instrument, and their
duties prescribed, we cannot see how it is within the legitimate
province of the Legislature to create new and independent
officers, and assign to them duties which the Constitution
says shall be performed by other and different
officers. Can the Legislature create the office of Deputy
Lieutenant Governor, and make him the presiding officer
of the Senate, or clothe him with the pardoning power?
Most certainly not. And why? Simply because the Constitution
has declared that this power and prerogative shall
')e exercised by the officers designated in that instrument
for this particular service or in whom this prerogative is
State constitutions are not grants of but limitations upon
the exercise of legislative authority; and we grant that the
Legislature of the State may lawfully do whatever is not
prohibited by the Constitution.
But when the Constitution declares what officer shall
Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42.. St. Louis, Mo.. The Portal to Texas History. http://texashistory.unt.edu/ark:/67531/metapth28531/. Accessed May 6, 2015.