City of San Antonio v. Gould

Citations

• 34 Tex. 49

Syllabus

<p>Í. The case of the city of San Antonio v. Jones, (28 Texas, 19,) approved in so tar as it decides that it was competent for the Legislature of this State, while the Constitution of 1845 was in force, to authorize a municipal corporation to subscribe to the capital stock of a railroad company, and to issue bonds and levy taxes for the liquidation of its subscription, if two-thirds of the electors of the corporation should vote in favor of the subscription, at an election to be held for the purpose.</p> <p>2. The Constitution of 1845, article 7, section 24, provided that every law enacted by the Legislature should embrace but one object, which object should be expressed in its title. Held, that this provision was not i$ erely directory to the Legislature, but was mandatory, and it is to be enforced by the courts. The ruling in Cannon v. Hemphill (7 Texas, 184) to the same effect, approved.</p> <p>3. In 1850, the Legislature passed an act entitled “ An act to incorporate the San Antonie Railroad Compay of which act all of the provisions, except those contained in one section, conferred the ordinary and appropriate powers, rights, and privileges incident and adequate to such a franchise. But by the twelfth'section of the act it was enacted that the city of San Antonio and other incorporated towns on the line of the road, and also the several counties through which it should pass, might subscribe to the capital stock of the railroad company, and issue bonds or otherwise pledge their faith to pay for the same, provided that two-thirds of their respective electors should vote in favor of the subscription, at elections to be held for the purpose. He’d, that these provisions are extraordinary and not such as are necessary to or usually engrafted upon a railroad charter, and the section itself, if regarded as a separate enactment, would properly be entitled “ An act to provide the means for building the railroadand it was therefore repugnant to section 24 of article 7, of