Lastro v. State

Citations

• 3 Tex. Ct. App. 363

Syllabus

<p>1. Constitutional Law—Judicial Power.—Though unquestionable that the courts are empowered to adjudge unconstitutional legislative enactments to he invalid, yet it is equally well settled that this power is not to be exercised in doubtful cases, nor unless the enactment is clearly inconsistent with constitutional provisions.</p> <p>2. Constitutional Construction. — To written constitutions is especially applicable the rule of construction which requires the whole to be considered in determining the intent of each part. If different portions appear to conflict, the courts will harmonize them, if practicable, so as to render every part operative rather than nugatory.</p> <p>3. Same—Stock Law. — Section 23, article 16, of the Constitution of 1876 provides that the Legislature may “ pass laws for the regulation of live stock and the protection of stock-raisers in the stock-raising portion of the state, and exempt from the operation of such laws other portions, sections, or counties; and shall have power to pass general and special laws for the inspection of cattle, stock, and hides, and for the regulation of brands; provided, that any local law thus passed shall be submitted to the freeholders of the section to be affected thereby, and approved by them, before it shall go into effect.” Held, that the words special and local are here used in the same sense, and that the proviso is applicable to the first as well as to the second clause of the section. But held, further, that a law, such as the act of August 23, 1876, for the general regulation of stock and protection of stock-raisers in the stock-raising portion of the state, though exempting many counties from its operation, is not a “local law” within the meaning of the proviso; and, therefore, it was not necessary that the said act be submitted to the freeholders of any section for their approval.</p> <p>4. Same.—Nor is the said act of 1876 violative of section 19 of the Bill of Bights, which provides that “no citiz