McCarty v. James

HUGHES, Justice.

This suit is for a declaratory judgment. It was filed by W. A. McCarty, Jr., for the use and benefit of McCarty-Hull Cigar Company, Inc., of which he is president and general manager, and for the use and benefit of other interested wholesalers of tobacco products in the State of Texas. The defendant was Jesse James, Treasurer of the State of Texas, in his official capacity.

While numerous declarations of law are sought they all involve the constitutionality, vel non, of H.B. 1158, Acts 61st Leg.Reg. Sess., p. 1405 (1969) which amended Section (9), Article 7.08, Title 122A,…