Untitled Texas Attorney General Opinion

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R -790

MNEY GENERAL

AXT~TIN 11. Tsxasr
PRICE DANIEL
ATTORNEY GENERAL

Septembei 19, 1'947

Hou. George P. Hudeon opinidn xio.v-385
Cowlt~ Attorney
Jones County Re: Velidity of an
Anson, Texas election held la
Jones County In
1909 to forbid
oertain stock run-
nFng rt Urge

Deer Sir:

I& hour rsqueat for en opLtien upon the above
atrted m&tjetot
netter gou,ad,.viae
es follows:
"I have 8 cese on the doclEdthere
where s person IS to be proseouted far
wilfully permitting his stool (horses)
to run et large on the land af saother*
zheCpr.os6cutlouis under Article 13‘i'O,,
Vernonfs Statutes, and espeoial%~
as t;:
"1, Whether or not the Djtock3*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 eccompaniedby e tzwm$a$pt
of the proceedings in the minutes of the ComnFssi,onera'
Court of Jones County. From thfs*transorLptit 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 ,publlcatlonwas ever had on the
calling of the election or publication of
the results was ever had. There is nothing
in the Commissioners8Court's minutes in
regard to this, other than the above., In
my opinion the prosecutionunder the above
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 .onejustice 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 compliedwith 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 proclamationrequired by law has
been made and;publ%shedas required by law.'
Of course, the indictmentmust specifically
allege, and the evidence must.show, all the essential
facts to make the election valid, and the evidence must
support such allegationshefore 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 (abbreviatedin some respects,
however),thatupon the introductionof 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 compliancewith
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 CommlssfonerssCourt 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

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ATTORNEY GENERAL