Legal Opinion · Dissent

Solon v. State

Court of Criminal Appeals of Texas

Decided May 22, 1908No. 3423Published

Leaving out formal averments, the information was as follows: That Frank Solon in the County of McLennan and State of Texas heretofore on the 26th day of January, A. D. 1907, did then and there unlawfully, willfully and knowingly loan and advance to another, to wit: A. J. Bay, a sum of money, to wit: the sum of one and 75-100 ($1.75) dollars, good and lawful money of the United States of America, to be used for paying the poll tax of him, the said A. J. Bay, he the said…

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Leaving out formal averments, the information was as follows: That Frank Solon in the County of McLennan and State of Texas heretofore on the 26th day of January, A. D. 1907, did then and there unlawfully, willfully and knowingly loan and advance to another, to wit: A. J. Bay, a sum of money, to wit: the sum of one and 75-100 ($1.75) dollars, good and lawful money of the United States of America, to be used for paying the poll tax of him, the said A. J. Bay, he the said Frank Solon, then and there knowing at the time that he so loaned and advanced the said money, that the same was to he used…

1DissentDavidson, Presiding Judge

(dissenting).—I have read with great pleasure the opinion of my Brother Ramsey concurred in by my Brother Brooks, granting a rehearing and affirming the judgment in this case. The opinion shows great research of authorities and elegance of diction. I am still firmly convinced of the correctness of the original opinion.

While the Legislature has authority, and is bound by obligations of duty, to pass suitable laws regulating and controlling the manner of holding elections and safeguarding the purity of the ballot box, yet those regulations must be reasonable, not arbitrary and harsh, and…

2Cases cited49 opinions

  1. Ex Parte SieboldSupreme Court of the United States · 1880
  2. In Re CoySupreme Court of the United States · 1888
  3. People ex rel. Twitchell v. BlodgettMichigan Supreme Court · 1865
  4. State ex rel. Lamar v. DillonSupreme Court of Florida · 1893
  5. State ex rel. Cothren v. LeanWisconsin Supreme Court · 1859

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