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 &a the county Boar& Of
Scurry County have the autI%wity to qetaeh mid terri-
tory after the election for sOiwi0iiastionhtta been held,
antibefore 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.iea6se from the facta givea to us as disaloeed by
the coxamications a:-& other written mtter in au= f:le in cn-
neotloa xfth t:Zisrw~est, a:.<**eax 31 tLe opinion t!iattiie
~uprez~eZmrt of IJX~.Bhas 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 certainlythe
uarreot rule, even ff it Do aotmedad that the power
~of~~thoie'
COwaT Iward 6nd th6 right af tha psopre wora
uu-~rdi~6to or equ6Lg
Touravary trlaly
OFl!%xAs
oso. 5. &rrry
Am3i8taab
(WB;%