Giddings v. City of San Antonio

Citations

• 47 Tex. 548

Syllabus

<p>1. Constitutional law—Construction op statute.—The act of Legislature, approved September 5, 1850, entitled “An act to incorporate the San Antonio and Mexican Gulf Railroad,” is unconstitutional, in so far as in its 12th section it provides that the city of San Antonio, and the towns upon the line and at the terminus of the road on tire Gulf, may issue bonds to aid in the construction of said railroad, because it embraces a distinct object not expressed in the title to the act.</p> <p>2. Same.—The authority sought to be given in the 12th section of said act, upon certain cities named, (to issue bonds, &c.,) is not included in the caption of said act, and, therefore, conflicts with section 24, article 5, of the Constitution, prescribing that “every law enacted by the Legislature shall embrace but one object, and that shall be expressed in its title.”</p> <p>3. Same.—History and discussion of the said section 24, article 5, of the Constitution of 1845.</p> <p>4. Same.—This article of the Constitution is mandatory. While this has been regarded as the settled rule of construction, in this State, ' in its application the most liberal construction has been given, to make the whole law constitutional, where the part objected to as infringing this provision of the Constitution could be considered as appropriately connected with, or subsidiary to the main object of the act, as expressed in its title.</p> <p>5. Approved.—City of San Antonio v. Gould, 34 Tex., 49, approved.</p> <p>6. Pleading.—A petition, seeking to recover on bonds and interest thereon, issued by the city of San Antonio, under the 12th section of the said act of September 5, 1850, is subject to demurrer; and the action of the court below, sustaining such demurrer and dismissing the suit, is affirmed.</p>