City of Austin v. Thompson

I respectfully dissent from the holding of the majority of the Court that the Court of Civil Appeals erred in enjoining the expenditure of public funds of the City of Austin for the holding of the unauthorized election. The decision of the majority is that, notwithstanding the fact that it was the duty of the City Council under the charter to assume the responsibility and exercise the power of selecting a councilman to fid the vacancy and that the Council was without authority to delegate this responsibility and power by ordering an election, nevertheless suit cannot be maintained by a…