I& hour rsqueat for en opLtien upon the above atrted m&tjetot netter gou,ad,.viae es follows:

"I have 8 cese on the doclEdt here where s person IS to be proseouted far wilfully permitting his stool (horses) to run et large on the land af saother* zheCpr.os6cutlou is under Article 13‘i'O,,

Vernonfs Statutes, and espeoial%~ as t;:

"1, Whether or not the Djtock 3*rwb Is vslfd and in force in Jones Connty.

“2.0 If not valid, then la another election the method for correction?"

Your rkbqkeeat fe eccompanied by e tzwm$a$pt of the proceedings in the minutes of the ComnFssi,onera' Court of Jones County. From thfs*transorLpt it agpeera thrt everything fa en proper other and thet the rlec-, t&on therefore put,the law into effect unlssr t&Z% be 8 vice aa to notice of the election and proola~$&% of the result. You say,:

"The question in my opinion Is whether ,publlcatlon was ever had on the calling of the election or publication of the results was ever had. There is nothing in the Commissioners8 Court's minutes in regard to this, other than the above., In my opinion the prosecution under the above *2 Hon. George P. Hudson, Page 2, v-385

in Jones County would not stand up be- cause of inability to prove publication, and it will be necessary to hold an elec- tion on this before prosecution can be had on any such cases in the future."

The statute under which Jones County held the election involved was Senate Bill No. 157, Chapter LVII, of the 30th Legislature (19071, being Section 20b of that Act.

Section 12 of the Act Is as follows: "The returns shall be opened, tabu- lated and counted by the county judge in the presence of the county clerk and at least .one justice of the peace of the county, or by two respectable freeholders of the county and an order showing the result shall be duly recorded in the min- utes of the commissloners' court in the said county. And the order showing the result of said election thus determined, certified and recorded, shall be held to be prima facie evidence that all the pro- visions of law have been complied with in presenting the petition, the action of the court thereon ordering the election, the giving of notice and holding said election and in counting and returning the votes, and declarfng the result thereof, and if,said election be then declared to be in favor of the stock law, then after thirty days from said date, It shall,be prima facie evidence that the proclamation required by law has been made and;publ%shed as required by law.'

Of course, the indictment must specifically allege, and the evidence must. show, all the essential facts to make the election valid, and the evidence must support such allegations hefore there can be a convic- tion. Having alleged such essential facts, Section 12 makes the prescribed orders of the Commissioners' Court prima facie evidence of such requisite steps. It ap- pears from the transcript (abbreviated in some respects, however) ,that upon the introduction of such orders and proceedings of the CommlssSoners" Court, accompanied byfactual elements as to the defendants, you will have made a prima facfe case. Section 12 is now Article 6961 of Vernon's Civil Statutes.

.

Hon. George P. Hudson, Page 3, v-385

We, therefore, answer your first question to the effect that it appears from the transcript of the proceedings of the Comtnissioners~ Court of Jones County that the election referred to was in compliance with the law, and that the Stock Law was put into effect thereby. Having answered in this respect, it is not necessary for us to answer your second inquiry.

SUMMARY From the transcrfpt of the proceed- ings of the Commlssfonerss Court of Jones County, it appears that the eleetfon held in that county in 1909 to determine whether or not certain livestock should be permitted to run at large was regularly held and such law became effective in the county,

Yours very truly ATTORNEY GENERAL OF TEXAS OS-djm-mw-Jcp