Lipari v. State

Citations

• 19 Tex. Ct. App. 431
• 1885 Tex. Crim. App. LEXIS 214

Syllabus

<p>1. Local Option Law — “Teem” and “Session” of Court Distinguished — Case Stated.—Article 3239 of the Revised Statutes provides: “Itshallbethe duty of the court, at its first regular session after the filiug of such petition (for an election under the local option law) with the clerk thereof, to order an election,” etc. The petition in this case was not filed until the first day of the term of the commissioners’ court at which the election was ordered, but it was filed before the court actually met and convened. The objection urged was that the petition was not filed in time to authorize action by the court at that time. Held, that the objection is not well taken. “Term,” when used with reference toa court, signifies the space of time during which the court may hold a session. A “session” signifies the time during the term in which the court sits for the transaction of business, and it, the session, commences when the court convenes for tho term and continues until final adjournment either before or at the expiration of the term. As illustrating the distinction between a term and a session of court, see the Revised Statutes, articles 1129, 1173, 1175, 1525. See, also, the opinion in extenso on the question.</p> <p>2. Same—Statutes Construed—Powers of the County Judge and of the County Commissioners.—Articles 1680 and 1681 of the Revised Statutes, construed together, authorize the county judge, upon a petition under the “local option” law, to issue the writs of election; and it is only in case of vacancy in the office of county judge, or the inability or failure of that officer to act, that the county commissioners are authorized to issue the writs of election.</p> <p>8. Same.— See the statement of the case for an order of the commissioners’ court providing for the holding of an election under the “local option ” law held sufficient to show that the purpose of the election was to determine the prohibition of the sale of intoxicating liquors.</p> <p>4. Same.— If an