"Appellant sued appellees in the district court of Tarrant county, Tex., averring that appellees constituted, respectively, the chairman and members of the state Democratic executive committee, and the chairman and members of the Tarrant county Democratic executive committee; that appellant was a candidate for Democratic nomination for justice of the peace of precinct No. 1, place No. 1, of Tarrant county, Tex., at the ensuing July primaries; that the appellees composing the state Democratic executive committee had instructed the appellees who were members of the Tarrant county Democratic executive committee to assess against appellant and the other candidates for district, county, and precinct offices at said July primaries, a sufficient amount to defray the expenses of said July primaries, and as well also the expense of a second senatorial primary in Tarrant county, to be held on August 26th as provided by chapter 39, p. 101, General Laws of Texas, passed at the Special Session of the Thirty-Third Legislature; that no second primary had ever been held in Tarrant county, but that appellees composing the Tarrant county Democratic executive committee were intending to comply with the instructions of the state executive committee, and were threatening to assess appellant his pro rata part of the expense necessary to meet said second senatorial primary. Appellant further averred that said senatorial primary act was unconstitutional for various reasons, particularly: (a) That the same is contrary to article 1, section 3, of our state Constitution; (b) that said act is in violation of article 1, section 19 of our state Constitution; and (c) that the same provides for the payment of the remuneration of the election officers out of the public funds in contravention of section 52 of article 3, and section 3 of article 8, of our state Constitution, section 34 of said act being likewise attacked on the ground last mentioned. Appellant further averred that by virtue of the provisions of said act he was prohibited under a penalty from contributing
to the expense of said second senatorial primary, and that the state and county executive committees were also thereby prohibited from making any assessment against him for such purpose; that unless such contemplated assessment was paid by appellant the county executive committee would refuse to allow his name to be placed upon the ballot as a candidate for the office above mentioned. Appellant further averred that the action of the two committees in making an assessment for said second senatorial primary was premature, and therefore void, in that the time for calling said second senatorial primary had not arrived, and it was not known whether such primary would be necessary. Appellant's petition contained further allegations of fact substantially as contained in the agreed statement of facts hereinafter set forth, and he prayed for an injunction restraining the appellees, and each of them, from assessing or attempting to assess him any sum of money to be used directly or indirectly in defraying the expenses of said second senatorial primary, and also prayed for general relief.
"Appellees demurred generally to the sufficiency of appellant's petition, specially demurring on the ground that it appeared from the allegations thereof that the sole purpose for which suit was brought was to restrain appellees from performing certain acts as members of the state and county Democratic executive committees, without prayer for other relief, and answered substantially that they composed, respectively, the state and Tarrant county Democratic executive committees; that said Democratic party, and said appellees as officials thereof, was a collection or association of individuals organized solely for the purpose of furthering the principles of Democracy in the state of Texas; that all acts complained of were done and performed by them as officials of said party, in the management, control, and determination of the internal affairs, organization, and procedure of said Democratic party, within the scope of their duties as prescribed by the members of the Democratic party of this state; and appellees specially pleaded a want of jurisdiction in the district court to grant appellant's prayer for relief and thus control the action of appellees in the respects complained of.
"Appellees further averred that they were informed and believe that said senatorial primary act was valid and constitutional, and provided the only way by which nominees for the office of United States Senator might legally be selected; that said act imperatively requires a second primary in the event no candidate for the nomination for such office receives a majority of the votes cast at the senatorial primary to be held July 22, 1916; that it was imperatively necessary for the good of the Democratic party to properly select a candidate for United States Senator to be elected at the next ensuing general election; and that the acts of all appellees herein was in an endeavor to discharge the duties imposed upon them as officials of said Democratic party, without any intent or purpose to oppress or in any way discriminate against any person whomsoever.
"It was further averred, and the agreed facts show, that there are eight candidates for the Democratic nomination for the office of United States Senator from this state, required to be filled at the next ensuing general election, in November of this year, and in the opinion of appellees, as officials of said party as aforesaid, no one of said candidates will secure a majority of the ballots cast for nominees for said office at the general primary election in July of this year, and that such belief was the basis for the course adopted by the appellees.
"Appellees further aver, and the agreed facts also show, that at a meeting of said state executive committee held at Hillsboro, April 7, 1916, a resolution was passed recommending that primary elections be held for the nomination of all officers, including United States Senators, on July 22, 1916, and that, in event no candidate for United States Senator received a majority of the votes cast for all the candidates for such office, the chairman be directed to call a second senatorial primary, at which only the names of the two highest candidates for such office should be submitted; that the several county executive committees be directed to assess the district, county, and precinct candidates, and collect from them the necessary funds to pay the expenses of both said primaries, etc., and a copy of such resolution, together with a letter asking the co-operation of the Tarrant county executive committee, was mailed by the secretary of the state executive committee to appellee W. D. Smith, chairman of the Tarrant county executive committee.
"The agreed facts further show that the Tarrant county Democratic executive committee does not intend to hold a second primary for the selection of nominees for such county, district, and precinct places for which no candidate receives a majority vote at the general primary on July 22, 1916, but intends to comply with the resolution and request of said Democratic executive committee and assess all district, precinct, and county candidates pro rata for the expense necessary to hold said second senatorial primary, also assessing candidates for state offices the amount allowed by law; that the amount which would be assessed against candidates for the office for which appellant aspires, for the purpose of paying the expenses of the July primaries, would not be greater than $30; that an additional...
