Opinion
No. A-8150.
February 8, 1961. Rehearing Denied March 15, 1961.
Will Wilson, Atty. Gen., Fred B. Werkenthin and Bob E. Shannon, Assts. Atty. Gen., for petitioner.
Liddell, Austin, Dawson Huggins, Houston, Charles R. Vickery, Jr., and Willis
Witt, Houston, with above firm, for respondent.
We are of the opinion that the decision in this case is controlled by Allgeyer v. State of Louisiana, 165 U.S. 578, 17 S.Ct. 427, 41 L.Ed. 832 and St. Louis Cotton Compress Company v. State of Arkansas, 260 U.S. 346, 43 S.Ct. 125, 67 L.Ed. 297. We are unwilling to take the position that in view of Osborn v. Ozlin, 310 U.S. 53, 60 S.Ct. 758, 84 L.Ed. 1074 and Hoopeston Canning Co. v. Cullen, 318 U.S. 313, 63 S.Ct. 602, 87 L.Ed. 777, the Supreme Court of the United States will probably overrule the Allgeyer and Cotton Compress cases. We abide by what the Supreme Court has held and refuse to speculate upon what said Court may hold.
The application for writ of error to the Court of Civil Appeals (opinion reported in 340 S.W.2d 339) is refused, no reversible error.