Britten v. Williams
Court of Appeals of Texas
1DissentMartin, Justice
It is not the province of the courts to legislate by judicial ruling and thereby extend the provisions of a clear and unambiguous statute. And, in proceedings as to calling a local option election the duty of the County Clerk with relation thereto is wholly ministerial. He is not required to interpret an application that is not within the language of the statute and on such interpretation prepare a petition.
The legislature under Art. 666, Sec. 40, in great detail, set forth the various issues to be submitted in a local option election and by express language with reference to the submission…
2Cases cited1 opinion
- Smith v. CountsCourt of Appeals of Texas · 1955