Taylor Glass v. Steen Smith

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of Civil Appeals, holding that the proposed ordinance is legislative in character, that its subject matter has not been withdrawn from the initiative field by general law or the city charter, and that a writ of mandamus may be issued to compel the City Council and officials to call and hold the election. The Court reasoned that initiative powers must be liberally construed and that, absent an express or necessary implication withdrawing the subject, the officials have a ministerial duty to conduct the election even if the ordinance might later be found invalid. Justice Griffin dissented, arguing that the Civil Service Act and Penal Code exclusively vest classification authority in the Commission and Council, rendering the ordinance void and the mandamus improper.