noting that the Legislature is generally confined to legislative matters and "in no instance" can it act as a judicial branch of government unless such power is expressly conferred upon it by the Constitution
How later courts described this case
- noting that the Legislature is generally confined to legislative matters and "in no instance" can it act as a judicial branch of government unless such power is expressly conferred upon it by the Constitution
- unlike Texas, the English government was never “divided into three separate and distinct departments, with the limitation that no one of the departments should exercise the power attached to the other department”
Written by the judges who cited it.
The opinion
I do not agree with the opinion of Judge Davidson that the motion for rehearing should be dismissed, but think the motion to strike out the motion for rehearing should be overruled. For my views on this question see the case of Ex parte Gray this day decided. I am of the opinion, however, that the motion for rehearing should be overruled.