Denison v. State ex rel Allred

We agree with the Court of Civil Appeals that the subject matter of this suit is a justiciable one, and that the District Court of Travis County had jurisdiction of this case. We are also of the opinion that in order for the plaintiff in error, Denison, to have legally qualified as Highway Commissioner it was necessary for his nomination to the office to be confirmed by the Senate; that is, “two-thirds of the Senate present” must first have consented before his, appointment to the office could become effective. Such are the plain provisions of Article 4, Section 12, of the Constitution. The…