. .
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
Untitled Texas Attorney General Opinion
Combined Opinion