Ex Parte Francis
Court of Criminal Appeals of Texas
From Wilbarger County. Original habeas corpus proceeding asking release of relator under a capias issued out of the County Court charging him with violating the Pool and Billiard Local Option Law.
1Opinion
Relator, accompanying his motion for rehearing, has filed a lengthy and able argument, devoting it mainly to the propositions that the Legislature can not delegate its power to enact laws nor delegate the power to suspend a law of the State. This was wholly unnecessary, for in the original opinion we held, "if the Act in question delegated the power and authority to suspend a law of this State, or to enact a law, of course it would be unconstitutional" — "that this is a representative form of government, and that while the laws are made by the people, yet they are enacted by and through their…
2Cases cited94 opinions
- Commonwealth ex rel. McClain v. LockeSupreme Court of Pennsylvania · 1873
- State v. GerhardtIndiana Supreme Court · 1896
- Brown v. City of GalvestonTexas Supreme Court · 1903
- Santo v. StateSupreme Court of Iowa · 1855
- Graham v. City of GreenvilleTexas Supreme Court · 1886
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