Ex parte Beaty

Citations

• 21 Tex. Ct. App. 426
• 1 S.W. 451
• 1886 Tex. Crim. App. LEXIS 165

Syllabus

<p>“ Local Option” Law.—The commissioners’ court of a county has power only to issue such an order for an election under the provisions of the “ local option” law as is authorized by law. An election held under an order which exceeded the authority of the commissioners’ court is a nullity, and, therefore, all proceedings had thereunder are nullities. The commissioners’ court has power to order an election to prohibit the sale, but not to prohibit the exchange or barter of intoxicating liquors within a given locality. (Hurt, Judge, dissents.)</p>