Opinion

Arnold v. State

  • 71 Tex. 239
  • 9 S.W. 120
  • 1888 Tex. LEXIS 1128
Court
Texas Supreme Court
Filed
Jun 19, 1888
Status
Published
Author
Stayton
On the bench
Stayton
Cited by
8 cases
Authority
More cited than 92.5%

holding that an act “creat[ing] new offices, to be held by the heads of the executive department,” was constitutional given, among other things, the governor’s role as “the chief executive officer”

How later courts described this case

  • holding that an act “creat[ing] new offices, to be held by the heads of the executive department,” was constitutional given, among other things, the governor’s role as “the chief executive officer”

Written by the judges who cited it.

The opinion

Stayton, Chief Justice.

This cause presents essentially the same facts presented in the case of Smisson v. The State, this day decided, and without restating the grounds for our opinion, we hold, for the reasons stated in the case referred to, that the act of April 12, 1883, and the lease contract made between the appellant and the State under it were valid.

In addition to the questions presented in the case before referred to it is urged that the act of April 12, 1883, created new offices, to be held by the heads of the executive department, without warrant of law and imposed upon them new and additional duties in contravention of the Constitution.

AIL the officers made members of the Land Board were of the executive department, and the duties imposed on that Board were such as pertain to that department.

The Governor is the chief executive officer of the State and the Constitution expressly provides that the other heads of departments of the executive branch of the government, made members of the Board, shall perform, in addition to the duties expressly imposed on them by the Constitution, “such other duties as may be required by law.” (Secs. 22 and 23, article 4, Const.)

The fact that the Land Board may have assumed powers not authorized by the act creating the Board could not affect the validity of acts performed by them in accordance with the act.

*241 If there were parts of the act, not authorized by the Constitution, a matter that need not now be considered, those parts of the act were not so connected with the entire act as to invalidate it in to to, nor have such parts of the act any bearing on the validity of the lease made the basis of this action.

The judgment of the court1 elow will be affirmed.

Affirmed.

Opinion delivered June 19, 1888.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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