Peck v. City of San Antonio

Citations

• 51 Tex. 490

Syllabus

<p>1. Constitutional law—Construction of statute.—The act of the Legislature approved September 5, 1850, entitled “An act to incorporate the San Antonio and Mexican Gulf Railroad,” is unconstitutional in so far as, in the twelfth section, it provides that the city of San Antonio and the towns upon the line and at the terminus of the road on the gulf may issue bonds to aid in the construction of said railroad, because it embraces a distinct object not expressed in the title of the act, and was therefore repugnant to section 24 of article 5 of the Constitution of 1845.</p> <p>2. Cases approved.—Giddings v. City of San Antonio, 47 Tex., 548; San Antonio v. Gould, 34 Tex., 49, approved.</p> <p>3. Supreme Court—Construction of statutes.—When a question arising on a local statute and involving the proper construction of a clause in the Constitution of Texas is presented, this court will regard it as a duty rather to follow the decision already reaffirmed by it on the same question after deliberate consideration, than to adopt the later and conflicting views of the Supreme Court of the United States.</p> <p>4. Military .Supreme Court.—The opinions of the tribunal organized as a Supreme Court of Texas by military authority on the 10th of September, 1S67, without regard to the Constitution and laws of the State, have not received from this court that sanction accorded to the opinions of the Supreme Court of Texas when properly organized.</p> <p>5. Cases approved—Military Supreme Court.—The views expressed by Chief Justice Moore in Taylor v. Murphy, 50 Tex., 291, as his individual views, regarding the authority of decisions of the Military Supreme Court of Texas, adopted by the court.</p> <p>6. Case overruled.—San Antonio v. Lane, 32 Tex., 405, overruled.</p>