Baldwin v. State

Citations

• 21 Tex. Ct. App. 591
• 3 S.W. 109
• 1886 Tex. Crim. App. LEXIS 195

Syllabus

<p>1. Occupation Tax—Indictment.—“The Illustrated Police News” and “ The Police Gazette ” are publications specially enumerated in the statute (Art. 4675, Gen. Laws 17 Leg., Special Sess., p. 18), as among those the sale of which cannot be pursued as an occupation without the payment of the tax levied therefor, and it was not necessary that the indictment should further describe them than by name.</p> <p>2. Constitutional Law.—Qusire, whether the courts of this State can go behind a statute which is valid upon its face, and inquire into the particular authority by virtue of which it was enacted?</p> <p>3. Same—Legislative Power, except where the Constitution has imposed limits upon it, is practically absolute. And where limitations upon it are imposed, they are to be strictly construed, and are not to be given effect as against the general powers of the Legislature, unless such limitations clearly inhibit the act in question.</p> <p>4. Same.—The Rule op Statutory Construction is otherwise correctly stated as follows: “If the act itself is within the scope of legislative authority, it must stand, and we are bound to make it stand if it will upon any intendment. * * Nothing but a clear violation of the Constitution, a clear usurpation of power prohibited, will justify the judicial department in pronouncing an act of the legislative department unconstitutional and void.”</p> <p>5. Same.—In this case it is urged that the Act of May 4,1882 (Art. 4665, supra), levying an occupation tax upon persons who engage in the sale of the “Illustrated Police News” and the “Police Gazette,” etc., is unconstitutional, and in violation of Section 40, Article 3, of the Constitution of this State, in that it was enacted at a special session, and was not designated by the Governor as a subject of legislation for which the Legislature was convened in special session. Held, that this objection to the constitutionality of the Act of May 4, 1882, is not well taken. The proclamation of the Gov