Case Information
*1 Oi=F!CEOFTHEATTORNEY GkNERALOFTEXAS AUSTIN *2 t&e oanvaas VOII made ia due time, the votes and the Co. Judge marked
~opntea andtabalsted oa the vote tabulation sheet the aords~ *Bee-
t&on ordered carried,' Slgpeil County Jud@. f &o~not f%ud in the papers or tinutas say proala- ;&atilyu the Co. Judge ever amde or auy evidenoe :'fbPt.a proelamatlon was we.r posted at the Court- @us.e door for 30 tiys. Ha, under art. 6961
reaXdwo bare aprimaftie case andavalld
'eldotion even thon@a we oamwt find the procla- 'Iprtianorrecerd of ltsharingbeem posted?
1. Terry Couuty is Wt. authorized to hold an slec- tion,~ wxler Artiole 696.4, of,the aarised citil Statutee of Texaf~, since the county is not enumerated in the counties or theohopter. tlteMmna#dasbeneflciariee -v
Under the h01din.g of the Court of Criminal Ap-. T. State, 4% S. W. (2) 739, citedby joa
peals, in~ghoes it ia our oy2inbu that the election ordered in Terry county c4 &member 8, 1924,~ is vo3.d.
met epinion jtlst a53ntloned aonstruad Artiolo a959, lceY%seJd Ciril statutos, $92& in respeot to the eharaoter and extentofpubllshednotioe,the 6tatutebelagr
Vlhe Comtp Judge shall issue au order for such election and cause public hotieee
thereof to be given for at least thirty days
betors the day of eleotion,bj publication
of the order tharef+or in sosae rxwspaptir pub-
lished in the county, if there be OPO.~
The etatuta Is UnC~sd.
The notice rhlch was held to be %nsufTident was published iis a dpLly paper in the oitF oi Houston ouco a reek for four succesalve reeks, begl.nn%ng on Tuesday, April 22, 1930, and bml3.n.g on Tueedsy, Xay 13, 1930, the parlod be- tween the first and laat publication being twenty-two days.
The election ras held in iiarrls County on Saturday, Uay 24, I930. ma wurt saiut
200
Honorableil.ii.virgil Crawford- page 3
aThe trot that the groat aqerity ei counties in this State have no daily paper aouZd indicate that it 80s not the inten- tion of the Legislature to req&,re piblica- t&m in a dally paper. Areokly piper, in our opinion, would aawrer the reqairfment of thf3. etatute, but the publf4at.lon slust oontisne in each succoecdve lrrrrtls of the paper during at least thirty days before the day of election.*
Concerning the election held In Terry County, you say1
*Terry County held an eleotlo?a oa the abore on January 24, I%?S. The election was ordered DeOe8OiW 8, 1934. end ~Otiot! tUtsot pubUsaea fram Dectuiber ,s2 to Jaw s&l& n0tL40 was publl.ldI- uaryl20t1926. od for tNrty days b&ore the election but not ,&u?xt preoedj‘ng slmJe.* ue tNnk these isets bx%ag ysur emotion with&n ,the,holdlng of the hurt of i2'hhal A-18.
3. Xou ceuld not make 8 prbm Peale case for fhs
elerriim of January’24, 1926, if tho mlmztes of the carmrrdo- .$#Uumrs* Courts&mm the truth,becau~,as WC have 8bom, .$W aotiao was not rqplarly ptrbUsbed and for the ttrrthsr r!%san ae twder ahming the rosEa.lt of tmab oleotion has War been recorded in tho dxmtes of the CuwUsdoaers~ -Art, as required by Article 8961, of the Rerieed M-1 8tatutee, the 3.av being the s~lse then as now. very tray ywrs
I ATTQRX2X