Case Information
*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN
Februssy 17, 1939 HOnorable L. A. :'ooZs
State Superintendent
Department of Education
Austin, Texas
Dear Sir:
in aanea seesh3n, ana be- lp t~foat 88C%thWI Of '1%X&a from the iat.ana e~Me& ssme to two Other e0rmn0n~e Scurry County have the autI%wity to qetaeh mid terri- &a the county Boar& Of tory after the election for sOiwi0iiastion htta been held, anti before the new distrfct had been declared by the CorHnissioners* Caurt?*
iion. 1. A. 'ioods, yabruary 19, 193Q; Pegs 2
In raply thereto. thie Is to advise that're have ln- - _ vostigete6 tP.ie a6se from the facta givea to us as disaloeed by
the coxamications a:-& other written mtter in au= f:le in cn- neotloa xfth t:Zis rw~est, a:.< **e ax 31 tLe opinion t!iat tiie ~uprez~e Zmrt of IJX~.B has definitely answerer: tke c,ueetion la the case of Ltate v. kkksr, 40 S. Vi. (26) 41, uhereln the court stated:
*It is mar opinion that, even if It be c.onoeded that the orOer8 of the uountp bwx-6 with reference to the tmrltory of district ?Io. 16 wxld have beem In all respects leeal 1s the nbssaqe of the penCing rleatioa, still
the rlgPt of the people to vote on incoorporat;ion, hftViAg been flat lawfully ilfvoked, would not be,Interfemd olth or defeated by the oonnty board pending the ,.holdln@ of the deation, aad the deelaratiozr of Ita roiult. Thir ie certainly the uarreot rule, even ff it Do aotmedad that the power ~of~~thoie' right af tha psopre wora Iward 6nd th6 COwaT uu-~rdi~6to or equ6Lg
Toura vary trlaly OFl!%xAs oso. 5. &rrry Am3i8taab (WB;%