Ronorable 'AL11 Crow 

County Attorney 

Hemphill' County 

Canadian, Texas 

Dear Sir: opinion No. a-6603 

Res &der the faots sulmitted, is 

the Henphill Couuty Psws a newspaper 

in which legal notioss may be publiahsd as required by law? 

Ikr ars in receipt of your oomunioatioa of tioeat date requesting the' 

opinion of this department oa the above stated mattsr. Ik, quote from your btter a* follows: 

‘As County Attorney of Hemphill County, Texas, I desire PIP opinion from your 

offioe'asto whether or not the. VZWRILL CWJKTI'~' published im Hamphil 

County, Texas, and at Canadiaa, H-phi11 County, Texas, is a legal neprapapsr 

in which legals oould be published, such aa citations by publioation, on 

defendants who have to be cited by puhlioation in some newspaper. 

"The fact8 are that the Hsmphill County News has beea published for the past 

5 years here im Cauadiau, Texas, axd it has no geaeral paid subsoriptionoiroulatiba, aad it has no Postal Mailing pennit, to be entered as second olass 

matter, with the U. 8. Postal Departmant, as this paper ,is published nSekly 

and goes Auto simulation on Friday of each wsek, and is mailed to Box Holders 

gerienally, save-and exbept where it has same paid subscribers who live out of 

R~mphill County, Texas, aad then the regular oiroulatioa postal charges are 

paid on each paper, the 883111) as an individual would pay in mailing such paper 

to saneone. 

“At this time ths Heuphill County Bsws is the only paper being published ia 

Hcmphill County asthe Canadiaa Record is now suspeuded oa aooount of bsing 

unable to obtain the setioes of aa expert printer to operate its equi&amt. 

"1 herswith hand you a copy of this newspaper, and also a oopy of'the opinik 

on, dated February 6, 1945 by Mahor E* J. Cussen, Atttoney;Pt-LaPr, Canadian, 

Tsxas, and will appreoiate your answering the ona questioa, to-wit: Isthis 

newspaper a legal papsr for publishing legal6 In; such as citations by publication, aad notioes of final aooounts in estates, and other legal notices~now 

required by law to be published in the administrations of estates of deoedeuts." 
-. 

Honorable lsll Cruw-- page 2 (O-6603) 

Also we hava carefully oonsidered Major E. J. Cussen's exaellent 

brief in oonneationwiththis matter which aooampanied your letter. 

&Mole 26a, Vernon'8 Annotated Civil Statutes, in part provides: 

*The following terms ahall, unless ths oontext indicates otherwise, hava the 

followlag re8paotive me8niag8, 

s(1) The tams +ublioatioa* shall mean aw proolamation, notioe 

oitation, advertisement, or-other matter required or authorized 

by law to be printed in a newspaper or newspaper8 by q institution, board, cemmi8sion, departmsnt, officer, agent, repressntatire, or anployee of the State or of any subdivision or deprlrnent 

of the State, or of w oounty, politioal subdicision, or distriot 

of whatewr nature w,thin the State, whether to be paid for out of 

publio fund8 or oharged a8 costs or fees. 

"(2) The term 'newspaper* shall meanany newspaper devotimg .lot 

less than twenty-five (25) per oent of its total colxm~ lineage to 

fhs oarrying of itaas of gemeral~~interest, published not less frsquently than on08 eaoh week, entered a8 seaond-class postal matter 

in the oouaty where published, and having been published regularly 

and oomtinuou8ly for not less than teelve (12) months prior to the 

making of any publioatioamentioned inthis Aat.' 

Artfole 29, B.A.C.S., in part prooids8r Rherewi any pblicaticm. apublioation is defined in Seotion 1 hereof, is authorized or required trJr ar5r 

law, general or speoial, to bs inserted in a newspaper, the le 

F 

rate &i.& 

suoh newspapar shall charge for suoh publication shall bs Two 2) Csnts p er 

llord for the first insertion of suah plblioation, and One Cent per unrd for 

eaah subsequent insertion, or suoh newspaper shall be entitled to charge for 

suah publication at a rate equal to lut not in exoess of the l&e& published 

word or line rate of that aewspapsr for olassified advertising. . . '. 

"Rithout intended to exclude ary other publiaation towhich this Aot applies, 

it is specially provided that this Aot shall apply to all citations or notices 

which are required to be publ%shed or maybe published in aalinquont tax suits 

and to notioes of sale of real estate under execution, order of sale, or any 

othsr judicial sale provided for ia Artiolas 3603, 4203, 7276, and 73’72 of the 

Revised CL-z11 Statutes of T-8, 1925. As amended hots 1941, 47th Leg., p. 

480, oh. 303 8 1.s 

Artiole 29a, V.A.C.S., in part prooides: 'After the effeotive date 

of this Aot, insvery case where amy law, general or special, requiras the 

giving of any notiae, ths making of as51 proolsuuation or advertisement, or the 

serrioe of any oitatioa by amy institution, board, oonmissioa, deparhsent, 

offlosr, agent, representative, or employee of the state or of p9y subdivfsion or deparhnent of the State or of aw county, political subdivisi.o~, district df whatever nature within the state by publioatioa~in a newspaper, the 

giving of such notice, the maMag of suoh proclsmation or advertisement, or 

the servioe of suoh citation shall be by publioatioa in a newspaper, a8 defined 
.-,, 

Honorable WI11 Crow - page 3 (04803) 

in Seotion 1 of this Aot. If pn~ 8taoh law or law8 spsoifie8 the msnner 

Of publioation of mob notise, proolamation, advertismueat, or citation 

iJl a nsaspaper, 8uoh hW or &am 8h11 g8rern the m&ner.of publisatfon 

of 8Ush BOtio8, proolamation, adv8rtir8aent, or oitation. If the manner 

of FUbliQfioJl Of suoh aotioe, proolamation, advertissmaf,,or oitation 

i8 not presorib8d by law requiring suoh not&e to be glwn, such Angolamation or adverti6amat to b8 made, or suoh citation to be 88rv8d, then 

publioation of 8uoh notioe, proolpaatioa, advertisement, or OitatiOn 

shall be made in a nerspaper~ subject to the follw&&g restrlotions and 

requirements: 

ì. . l 

ìIn ewrg oa8e where the se*08 of urg oitation or notio8 in my sa8e, 

oontroversy, suit, or prooeeding in Amy of the Courts of the Stat8 ia r& 

quirsd to be by publioation Under the provision8 of any geaes&l or spbsiti law of thi8 State, such publioation shall 'b8 publlsh8d a8 required w 

the general or speoial law providing for ruoh notioe by publisat1oB.s 

The L8gi8lakWe has the pewer to define'uords 8mploy8d in the 

statutes (Sppstein v. State, 143 8-W. 144), and in Title 1 of th8 General 

&misions, ktiole 28a, supra, the Legislatur8 ha8 defined the w8rd 

“aewqxtper ." A olear and unambi~guo~s definition of aterm or a word %y 

th8 kgislattU% is binding upon the oOUrt8 a8 an edpr888iOn of legislative 

intent, regardless of the meaning of the word in oo88uoB parlanod or in 

other OoBllaOtiOB8. (State V. Frost, Civ. App. 18 S.W. (2d) 331; Eppstein 

v. State, supra.) A statute will k construed with referenoe to the gent 

ral system ef legislation of which it form8 a part. (pltshall v. State, 

138 S.W. 759). Ordinarily a 8tatUtOry proViSiOn Will bs given an interpretatioa in oonformanoe withthe Aubjeot matter of the code in whioh it 

is found. (Briggs v. Bucker, Civ. App. 19 5.X (2d) 190). Also it is resognised as a oorr8ot rule of oonsthtotion that whew a statute nuke8 a 

general provision amreatly for all case8 and a speoial prwision or 

exception for a partioular oa8e or OlaSS, the general provision yfelds 

and the speoial provision or 8xxoeptioa prevails in so far as the porti 

ular class or ease is ocnoerned. (F'erer v* Peres, 59 TBXO 322: Balfour V. 

ColliB~, 25 S.W. (2d) 804~ 39 Tex. Jur. Sec. 114, PO 213.). 

born the fact8 stated by you, it is apparent that the "Hsmphill 

cotiy m~8” does not oonfonn to the 8tafatory requimmsnt of a."newspapsr" 

a8 defined in the General Pro~i~i0~8, Title 1, lrtiole 28a, supr8, aad in _ 

rier of th8 foregoing authorities with referenoe tu the rules of statutory 

construction, it is our opinion thatwhenev8r a statuts or a rule of oivilprocedurs, adopted aBd promulgated in oonf8ti~ with, and in obsdienoe 

to a Legislative enaotrment, (H.B. 108, oh* 25, pp. 201-203, dot8 Reg. Session 46th Lsg., 1939) makes provisions with referenc8 to pUVlioatioZi in 

8ny %wspaper, " suoh narrspaper must oonfolm! to the definition of a 

"Bcnrspapers as set forth in Article 26a, unless the 1anguagQ of the statute 

or rule SX~S8~lUthOriaeS suoh publioation ia a *new8pap8rw which do88 

BOt oonfolnl to ths foregoing deftiitione The question submitted by you 
-.. . ._ 

Hon. Wiil Crow - page 4 (o-6603) 

with reference to legal publication is very broad and general. To determine 

whether the printing of any partioular kind of publication in the newspaper 

in question would meet the requiraaents of law rould be dependent upon the 

language of the particular rule or statute requiring or authcrizing that 

particular kind of notice or publication, andwe shall not herain attempt to 

discuss each of the statutes or rules with reference,tc the puUioation of 

legal notices, etc. Rowever, in view of the foregoing, it is our opinion 

that the statutory definition of a "newspaper" would be applicable in connection with eny statute or rule requiring or authoriring publication of legal 

notices about which you may have any question, unless there is a clear excep 

tion indicated in the language of such statute or rule. 

Although the Legislature has the power to define a term or word employed in the statutea, and it has defined the lord "nmpapr" in Article 26a, 

yet such term or word as used in the Constitution is not necessarily limited 

by the legislative definition. We note that Article 17, Section 1, Constitution of Texas, provides for the publication of proposed constitutional amendmentB inthefollewlngl=@ager 

'The Ugislatul), at aw biennial session, by a vote of two-thirds of all the 

members elected to each House, to bs entered by yeas and nays on the journals, 

may propose ammubaauts to the Constitution, to be voted upoa by the qualified 

electors for me&are of the Legislature, which proposed amendments shall be 

duly published once a nsek for four weeks, caamencing at least three months 

before om election, the time of which shall Im specified by the Legislature, 

in one weekly newspaper of each county, invhich suoh a newspapermay be publsfhed: . . ." 

The foregoing constitutional provision ms originally adopted in 1845 and carried forward in the present constitution, while Article 26a, V.A.C.S., was 

effective in 1941. Also, we note that the foregoing constitutional prevision 

~8 adopted prior tc the Act of Congress of 1679 authorizing second clue mailing permits for nemspapers,while the statutory definition of a newspaper, 

which includes the requirerment that a newspaper hppre a second class mailing 

penait,was enaoted subsequent to said Act of Congress of 1879. mth reference 

to the meaning of words as used in a constitutional provision, words must be 

understood to have been used in their ordinary signification unless the context 

indicates a different meaning. (Er Parte Rart, 56 S.W. 341; Sugg V. Smith, 

(Civ. App.) 205 S.W. 363). Rae unable to find any indication in aw oonstitutional provision wherein the term "newspapere is limited in the precise 

manner that said term is limited or defined in the statutesi thus, a "newspaper" 

ccmplying with the ordinary,sig$aifioation of the tens would meet the requireme&s of the foregoing oonstitutional provision. In viewof this, it is our 

opinion that the publication of proposed constitutional amamdments in a newspaper of the character of,the "Hemphill County News" muldbe in ccmplianoe with 

Article 17, Gection 1, of the Constitution. 

JAE~ddtrsgw 

Yours VerytFuly 

APPROVED JDNR 6, 1946 

/*I Grover Selliwrs 

ATTORRW GENRRAL OFTEXAS 

ATTORREY GEN6RAL OPBXAS 

By /a/ J. A. Ellis 

Assistant