Southworth v. Palmyra & Jackson Railroad
Michigan Supreme Court
Case reserved from Lenawee Circuit Court, in Chancery.- The question presented by the case was whether the act incorporating The Palmyra & Jacksonburg Railroad Company was constitutional, there being, on its final passage in the House of Representatives, but thirty-three members present, thirty of whom voted for the bill and three against it, — the whole number of members elected to the house being fifty, and the constitution providing, “ The Legislature shall pass no act of…
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Case reserved from Lenawee Circuit Court, in Chancery.- The question presented by the case was whether the act incorporating The Palmyra & Jacksonburg Railroad Company was constitutional, there being, on its final passage in the House of Representatives, but thirty-three members present, thirty of whom voted for the bill and three against it, — the whole number of members elected to the house being fifty, and the constitution providing, “ The Legislature shall pass no act of incorporation, unless with the assent of at least two-thirds of each house.”
1Opinion of the Court
By the Court, Green, J.
The question reserved depends entirely upon the construction of the term “house,” as used in the second section of article twelve of the constitution, which is in the following words:
“The Legislature shall pass no act of incorporation, unless with the assent of at least two-thirds of each House.”
A well established and most salutary rule in determining upon the constitutionality of a law, approved and adopted by this Court, is, that to authorize the judiciary to pronounce a law unconstitutional, the conflict between the constitution and the law must be apparent and…
2Cited by24 opinions
- State ex rel. Meyer v. GreeneSupreme Court of Alabama · 1908
- Cleveland Cotton Mills v. Commissioners of Cleveland CountySupreme Court of North Carolina · 1891
- Zeiler v. Central Railway Co.Court of Appeals of Maryland · 1896
- State Ex Rel. Garland v. GuillorySupreme Court of Louisiana · 1935
- Jensen v. Independent Consolidated School District No. 85Supreme Court of Minnesota · 1924
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