Untitled Texas Attorney General Opinion

. . E A ORNEY GENERAL OF TEXAS Honorable Ben F. Thorpe County Attorney Scurry County Snyder,Texas Dear Sir: Opinion No. O-3340 Re: May a County Judge legally re- ceive a petition for the name of a school trustee to be placed on the ballot for an election to be held April 5, when the petl- tion Is filled March 2&h, under Article 2746-a? We have received by telegram your request dated March 26, 1941, for an opinion from thla department which request has been considered. We quote from your telegram: "ADVISE BY WESTERN UNION IF COUNTY JUDGE CAN LEGAILY RECEIVE PETITION FOR NAME OF SCHOOL TRUSTEE TO BE PLACED ON BALLOT FOR ELECTION APRIL 5TE PETI- TION FILED MARCH 26~1 UNDER ARTICLE 2746A PETITION OTHERWISE LEGAL." Article 2746-a, Revised Civil Statutes, reads as follows: Any person desiring to have hls name placed on said official ballot, as a candidate for the office of trustee of a common school district as herein provided shall, at least ten days before said election, file a written request with the county judge of the county in which said district is located, requesting that his name be placed on the official ballot, and no candidate shall have his name prlnted on said ballot unless he has complied with the provisions of this Act; provided that five or more resident qualified voters in the district may request that certain names be printed. The county judge, upon receipt of such written re- quest, and at least five days before the election, shall have the ballots printed as provided In this Act, placing on the ballot the name of each candl- date who has complied with the terms of this Act, I . Honorable Ben F. Thorpe, page 2 O-3340 and deliver a aufflclent number of prlnted bal- lots and amount of supplies necessary for such election to the presiding officer of the elec- tion at least one day before said election is to be held, said election supplies, ballots, box- es,and tally sheets to be delivered by the county judge by mail or In any other manner by him deem- ed best, to the prealdlng officer of aald election In sealed envelope which shall not be opened by the election officer until the day of the election." Forty-one, Texas Jurisprudence, page 344, the fol- lowing rule with reference to the computation of time Is given : "In the computation of time, technlcal con- struction of particular phrases are disregarded and the effect Is glven to the intention of the parties as ascertained from the context or sub- ject matter. Statutes regulating the general sub- ject of notice are construed, as regards the com- putation of time, most liberally In favor of the party who is to be affected by the notice." On page 3.45the following rule is announced: "In computing time before or after a specified date, day, act or event, the general rule is that either the day on which the period began or the day on which It expired must be included and the other excluded, It being Improper to Include or ex- clude both . . . . Much depends upon the facts of the particular case, for courts ~111 always adopt that construction which wT.11uphold and enforce rather than destroy, bona flde transactions and titles." This rule Is supported in the cases cited in Words and Phrases, vol. 4, pp. 677, 678. We can see nothing in the statutory provisions of Article 2746-a, supra, that would lndlcate that the general rules given above are not applicable to the question sub- mitted by you. In construing the general rule and applying the same to your proposition we believe that the proper way to calculate the time Is to include the date of flllng, to-wit, &rch 26th, and to exclude the day of electlon which 1s April 5th. In this manner we believe that the petition has Honorable Ben F. Thorpe, page 3 Q-3340 been filed within the ten-day period provlded for in the statute, and that the County Judge may properly receive and file said petition and proceed to have the name of the candidate printed upon the official ballot. We have not had an opportunity to examine the petl- tion inquired about In your telegram. This opinionis written upon the asaumptlon, given In your telegram, that the petltlon Is In the form required by law. We trust that we have fully answered your Inquiry. Yours very truly ATTORNEY GENERAL OF TEXAS By s/Harold McCracken Harold McCracken Aaalstant EM:ej:wc APPROVED MARCH 27, 1941 s/Gerald C. Mann ATTORNEY GENERAL OF TEXAS Approved Opinlon Committee By a/BWB Chairman