Ex Parte Bains

• Court: Texas Court of Criminal Appeals
• Writing for the Court: Davidson
• Citation: Ex Parte Bains, 45 S.W. 24 (Tex. Crim. App. 1898)
• Decision Date: 16 March 1898
• Parties: Ex parte BAINS.

45 S.W. 24

Ex parte BAINS.

Court of Criminal Appeals of Texas.

March 16, 1898.

Appeal from district court, Parker county; J. W. Patterson, Judge.

R. L. Bains was arrested for selling intoxicating liquors. He resorted to a writ of habeas corpus, and upon the hearing was remanded to custody, and he appeals. Reversed.

A. H. Culwell and Martin & Flanary, for relator. W. W. Walling and Mann Trice, for the State.

DAVIDSON, J.

Relator was arrested for engaging in and pursuing the occupation of selling intoxicating liquors in a local option precinct without having first paid the occupation tax prescribed by the 25th legislature, and giving the bond required by said act. When arrested, he resorted to the writ of habeas corpus for his discharge, and upon the hearing was remanded to custody. It is shown that the local option law was in effect in the precinct where the relator is alleged to have violated said law at and prior to the time the act of the 25th legislature went into operation. His first contention is that, the local option law being in force in said precinct, the legislature could not impose new burdens or obligations upon the people of that precinct, pending the operation of said law. This identical question was before this court in Dawson's Case, 25 Tex. App. 670, 8 S. W. 820, and this position was held to be well taken. That decision has been followed in Robinson v. State, 26 Tex. App. 82, 9 S. W. 61; Lawhon v. State, 26 Tex. App. 101, 9 S. W. 355. In Dawson's Case, supra, the court said: "Our view is that the amendatory act of April 1, 1887, in...