Texas Supreme Court

Taylor Glass v. Steen Smith

November 28, 1951150 Tex. 632

Summary

The Texas Supreme Court affirmed the Court of Civil Appeals, holding that the proposed ordinance is legislative in character, that its subject matter has not been withdrawn from the initiative field by general law or the city charter, and therefore respondents are entitled to a writ of mandamus compelling the city officials to call and hold the election. The Court rejected the petitioners' argument that the ordinance is void and that mandamus should be denied, and noted a dissent arguing the ordinance is invalid and mandamus should not be issued.