Joe Kunschik v. C.L. Nichols

Mr. Judge Taylor

delivered the opinion of the Commission of Appeals, Section B.

C. L. Nichols and four others filed this suit against Joe Kunschik, Commissioner of the Bureau of Labor Statistics of Texas. The allegations of the petition against the commissioner are embodied in six paragraphs. Omitting the formal allegations of paragraph one as to residence, the effect of the allegations of that paragraph is that Kunschik is the “duly appointed and acting commissioner” of the bureau named.

In paragraph two plaintiffs allege that each is an owner and operator of a high pressure steam boiler within…