
    ROPER & GILLEY v. LUMPKINS et al.
    (No. 2762.)
    (Supreme Court of Texas.
    April 6, 1921.)
    Error to Court of Civil Appeals of Fifth Supreme Judicial District.
    Suit by Roper & Gilley against J. C. Lump-kins and others for an injunction to restrain the holding of an election. Judgment for defendants was affirmed on appeal by the Court of Civil Appeals (163 S. W. 110), and plaintiffs bring error.
    Reversed and rendered.
    Jones & Hassell, of Sherman, for plaintiff in error.
   PHILLIPS, C. J.

The decision of this case turns upon the constitutionality of the Local Option Pool Hall Law enacted by the Thirty-Third Legislature. That law was held unconstitutional by this court in Ex parte Mitchell, 109 Tex. 11, 177 S. W. 953. This holding was after-wards concurred in by, the Court of Criminal Appeals, that court receding from the former holding of a majority of its members upon the question, from which former holding Presiding Judge Davidson had dissented. Lyle v. State, 80 Tex. Cr. R. 606, 193 S. W. 680.

The decision in Ex parte Mitchell controls tho case, and accordingly the judgments of the Court of Civil Appeals and District Court are reversed and judgment is here rendered for tho plaintiffs in error.  