OFFICE OF THE AlTORNEY GENERAL OF TEXAS 

Honorable L. A, Woodr 

mat* 6uporlatenamt or 

Ihpartseat of Eduoetlon 

Austin, Texm 

%lay 20, 19co 

Fublio Iaetruot ion 

Dear Sir: Attmtion % 

First Aeele 

This bouabry lbe did 

retofore reaqgalted 

l 8ection line. 6eo1356 or Oarxa omatf 

part of the Qraham Comaon 

7 BOFWJ of Sootion 1324, 114 aarea 

, 117.8 acree of Deetion &Oci, end 

6eotfan 1359, that h8d beretororo 

red In Garxa Oounty, end the Qrehaa 

01 Dlstrlot booame a wrt of Lyan Couat~. 

The quertfon I would like to eubmit Tar four consideration set 

Y.lia: the l rtebliehment or the bouadery line 

betmoon the two oountlee, whlah plaoed the above 

a0ntionea territory in Lyan Oounty, rftoot the 

boundary liner of the (rrahem Coamon School Dletrlct 

0r Germ County end the 04atiguoue braseland 
Honorable L. A. Woods, Fege 2 

fna4g4nd4nt Sohool Dlatrlot of Lynn County’i” 

Aoknowledgment la also made of campleta statemanta 

of feet (inoludlxtg eopisa of instruments) rubmitted by tha 

oounty superintendents of Lynn and Gems Counties. Theee have 

becrn aoat helpful. 

The question le aa to the rest boundary line of the 

Graaalend Indapendant Sohool Dlatriot of Lynn County ana the 

wart bounclary line of the Graham Common School Dlatrfot of 

Oar40 County. Theaa boundary linea here been in dispute alnoe 

1933, when the Commlaalon ot Appeela, In an opinion approved 

by the Supreme Court, definitely eatabliehed the boundary line 

between Lynn and Garza Countlea waet of oarteln aeotion liner 

theretofora thought to represent the county lina. Lynn County 

;I al. ~8. Oar44 County et 611. (Corn. App. 19331, 58 s. 8’. (2d) 

. 

A oareful exeminetion of the atatamsnte and inatrumanta subnltted rerealr -the following: 

County To!:! In the Ord 

or of the Commles1oner8* Court of Garta 

triot b, @a&a 

of Howaber, 1907, orrating Co~aplon School DiaGounty, the weat boundary of aaid alrho distrlot 

waa iStie aolalf in ralatlon to the *aatem line or Cars4 County. 

The field not44 reed, in pft, em iallowat 

*Beglnningt at the lntarseotion of the Eest 

line of the wunty with tha North line of aeotion 

1365...,w 

Tha aouthweat aornar of raid aohool Uiatriot waa fixed 

by NMh@ from a point on the woth linr of Garza County Waat 

to the acuthweat corner of the oounty; thence north to the gleoe 

ot beginning. n 

(2) In Fabrusrl, 1909, the form and aiee of Common 

sahool Diatriot #2, Garaa county, was ohm&e& Although the 

northreat oorner of said diotrlot began at the northeast corner 

or Reotion 1366 (rhloh aeotion was an4 la in Lynn County), the 

southwsat oorner or said dietrlat wee rixau a6 followa: 

“south to the S. line of Gsrea County; Weat 

to SW oorner ot Garea Countgt Worth alone the Vast 

line of Caraa County to plaoe of beglnnin&.w 

(3) On Maroh 10, 1917, an order of the Gsrza County 

Board of Trustees attemptad to carve Comon Sohool rjtstrlot $16 

out of Common Sohool Eietrlat 92. Only the east llnr of said 
Honorable L. A. Woods, Papegs 3 

new mn #oh001 Dietriot #16 is defined and this fine la 

incompletely daacrlbed. 

(4) On September 7, 1918, the boundaries of Comaon 

School Dlatriot $2 wars redefined so as to exoluda the port~lon 

of the oounty 5.n whloh it was attamptad to areate Q isohool 

dlstrlot on Maroh 10, 1917, known aa Coinmon Sohool District 516. 

( 

a; 

) On August 4, 1919, the boundaries of Common .Sohool 

niatrlot #l were defined more aoourately, and the northwest 

and southwest oornera and the entire maet line of the aama were 

defined mlely in relation .to the county line. The field notee 

read : 

I 

. . . .and on to the west boundary line o? 

Cars8 Coulity, Texas; Thence south alon& the waat 

boundary line of Garaa County tZr the SW tiorneri of 

Carsa Uountl; Theme east alo.orrg the south boundary 

112~ of Oarma Counta, to a point.. . . n 

(6) On Nap 22 1920, Oomon Sohool Diatr1o.t $2 and 

Common Sehool Diatriot #l6 were wnaolldated to be known as 

Oraham Qhapel Goason School Dlatrlot #2. The bouadarie8 of suoh 

eoamon l ahool dietriot, insofar a6 the west boundary line is 

oonoarnad, are 44 iollawa~r 

aThanaa Wart to the south boundary line of 

Oarma County to the SW eoraar of Germ County. 

Thenoa north along the west boundary line of Garza 

County to the HW oornar of aaotlon 1324. Baa. a. 

?Uler Survey ln ,Oarza County, Te~aa.~ 

It is a$parent that it was wnaidered that the northwest wrner of seat-ion 1324 was in Garxa County. It her bean 

established thet it was not. 

(7) Insofar as the present inqulrl is oonoemed, the 

eotion of the Garca County Board of Trustees on October 18, 1930, 

In redefining the boundaries of 5raham Conaolldated Comaon Sohool 

Dlatriot #2, In Important. This last deaorlptlon of said Ustrlot definem the entire west boundary line in relation to the 

weot boutiarp line of Cana County, Texam, 88 followms 

“Thenoe north three allea alar&? the W boundary 

lines of eeotidns 1324, 1326, and 1328, to the West 

line of Caraa County; Thenoe south along the went 

boundary line of Garze County to the SW oorner Or 

Garza County. Thanoe, eaet along the county line 

to the place of bs&innin%.” 

There is no ambiguity hare. It is olsar that the 
Hoaoreble L. Zy. Woods, PageI 

rr8tem ettroalty of Casmon Sahool Dlstriat $2 was the wsetsr~ boundary line of Game Cmnty,Texs~, wherersr 8uah 11x10 

mQht b4. 

(8) Grassland Comon Suhool Dlstriat '21 of Lynn 

County, Tmas wa6 rind onatea on July 1, 1916. The boundarler wore redefined on June 1, 1918, April 5, 1919 and April 

16, lslro. IA each instanor the aourse oallaa ror waa -along 

the Zest boundary line ot Lynn County.R In 1923 the Regular 

S8srlon of the 38th Logislaturs oreated the Oras8lend Independent School Dlstrfot (AOts 1923, FL S., ah. 21). The territory rPlBraoed in sooh ild4pandoAt sahool dlstriot wa6 all 

of that IA the old Grassland Comm Sahool Dlstrlot #21 plus 

8oae ccmtlguaur territory. SlnOe thr indeprndant sohool dlatriOt thus croated by the 38th Logisleturo Is the one iAVQiVcla 

In the prenmt inquiry, th8 rrUte8 and boands of auoh di8triot 

prorided iA the Aat OS Its oreation are Important. Eore again 

the Bar6 boundery Of 80% iAd8p8AdeAt sohool dicltriat ia berlned In relation to the.eouAtf 1IAe. Tha Qeaorlptlon bogin8, 

"et 8 PiAt In the south line Of surrey #1359." That this POiAt 

was IAtOAd8d to be eAd I8 on the OOUAty 11~s is demmstratrd by 

the oloslng deaoriptioa whioh 18, %hOAOe l a8t to tha QOUAty 

liar, theAO8 8OUth OA the OQiUlty 1lAe to the pIa Of bO&iAAiAg." 

‘i’hus the la8t dU&AOtioA of m8teD ard bound8 of both 

the 5ra88UAd fndependent Sohool Di8tflOt of L~AA County anb 

the 5reham Consolidatrd O~mao~ Sohool Dlatrlat #2 of Garsa 

County, Tezaa, Is by reirr8nce to the COJEWA county line between LyAA and 58raa Countie8. Sinor the Gama-Lynn county 

11~ waa coA8Idrred to run west of th8 line aatablished by the 

Supreme Court IA 1933, what 1a.l~ faot th8 dividing line BetWO8A th8 tw0 dI8trIOt8? 

IA Truateer oi Dover Common School Dlstrlot #66 vs. 

D~W~OA Independent School DirtriOt (Cir.~ App.), 223 8. W. 556, 

and IA Camp va. Bawler Ibdeprndent Sahool Dlstrlat (Clr. hpp.), 

150 S. W. 1U6, writ Zefuled, It was held that disputes as to 

boundary lines b8tweeA sohool distriat8 are governed by the 

rUl@lJ whloh g8AWdly obtain iA bOUAd8r7 8Uit8. XII asoertalnIAN bouadarler of gr8nte generally thr oOA8Iderati;~A~$ gilw3ry laportanoe is the IAteAtIOA 0r the parties. 

Andrewa, 62 Tex. 652; Huff ~6. Crawford, 89 Tar. 214, 34 3: '8. 

607. LIk8wIaa, in aoncltrtdng 8 statute, w6 are told that we 

must deternine the Intent or the Ls~lslstura. ?4aInery va. 

City or Galveston, 58 Tax. 334; Clary vs. Rurst, 104 Tax. 423, 

138 s. w. 566. 

&roe. the fasts aubdtted, it is apparent thet the 

UndoUbtad intent of the L.gi8ldW’O ill arec%tiUe th Oreseland 
Honorable L. A. Woods, Page 5 

Independent 8ahool Dirt&at, and of the Oarza County Board or 

TrUst8es in araating the Graham Consolidated Common School DIatrio8 #2, was that l aOh distrlat should NA to the respective 

OOWt$' 1ina8. In neither Inatanae wae a county line school 

dIatrlot, the oreation or whIoh was provided ror by the La&la18ture IA Aot8 1911, at p. 200, date 1917, p. 4&l, and Article 

2743, Revised Civil Statutes, 1925, aontaqlatea. v!e must Interpret ~the aatlon of the Garm County Board of Trustees In 

the light of what It could legally aaooapllah. Aotlng alone, 

it had AO leglel authority to areate a common sohool dlstrlot 

embracIn$ territory in snother county. kS pOiAt4a Out iA 

County Sohool Trustees or Runnela County ~4. State (C.C.A. 1936), 

95 S. W. (2d) 1001, either In the orsatlon or abblition of county 

line SohAol di8trIOt8, or In ohangIrq their boUAdarl.s, the 

8OhOOl 8uthOri818S or all OOUAtieS effected muat aot together. 

This they laanlr48tly did AOt do. 

plish this result. 

Nor did they 844lc to aacomwhloh we hold was 

The rerult mu&h8 to be aoOOnpll8had, and 

in Sac8 aOoompllihad, was the oreatlon or 

oontigaous rahool distrfets bounded by the ocmao~ aounty line 

o? Lynn and Osrs8 CouAt%es. 

Oon8equently, you are r48p4otful1g adrirred, OAd It Is 

thr oplnlon of this departmeAt, thbat the OouAty line between 

Lynn and Oarza Cotmtlee as l stabllshea by the Suprear Court In 

1933 la the aommon boudarp linr betw44A'th4 &%88laAd fndependent Bid1001 Di88rIO8 oi L~yAA County~ and the Graham Uon8olidated 

CblnmoA 8UhOOl Df8triat #2 Of ~arZI?4 &%lAtf. 

JDS/oe /'