C. E. Gilmore v. Paul Waples

Summary

The Texas Supreme Court held that the State Democratic executive committee lacked authority to nominate a candidate for Railroad Commissioner when no prior nomination existed, because article 3173 of the Revised Statutes plainly forbids such power except in cases of death or declination of a nominee. Accordingly, the plaintiff’s statutory right to contest the election was protected, and an injunction against the committee’s proposed nomination was proper.