HonorableBowlen Bond, page 3 (O-5487)
103S.U. 878,Juage Davidson,epeakingfor the Court of CriminalAppeals,said: 'Wherevera local optlou law is once legallyput into operationIn a given territory, it must remain in force until it has been voted out by ,thevoters of the territorywhere such law was originally vftalized.(
"Severalcases are cited in supportof this holding.
"The constitutional amendmentaet out above by express words adopted this rule of law. The languageis that in any county or any politicaleubaivisionthereofwhere the sale of intoxicatingliquorshad been prohibitedprior to the adoptionof section20, article16, it shouldremain unlawfulto sell same (includingbeer) in said county or politicalsubdivision'untila majorityof the quallfled voters in sfda countyor politicalsubdivisionthereof voting in an electionheld for such purposeshall deter- mine it to be lawfulto manufacture,sell, barter and ex- change in said county or politicalaubdivleionthereof vinous or malt liquorscontainingnot more than three and two-tenthsper cent (3.2s)alcoholiccoutentby weight'.
"The very couatitutional amendmentby which appellant is accordedhis right to a licenseexpresslyprovidedthat if local option prevailedin the countywhere he sou&t to obtainhis licenseit was necessaryfor the voters of that county to authorizethe sale of the 3.2 per oent~beer beforehe could obtain a license. This the countyhas never done, but on the contraryit had for the second time voted in favor of local option 80 far as beer x88 coucernea. It necessarilyfollowsthat as ChildressCounty had prohibited the sale of intoxicatingliquorswithin its boundariesprior to the adoptionof section20, article16, by virtue of sub- division(a) set out above, it was uulawfulto sell beer within any part of saia countyuntilvotere of the whole countydeterminedotherwise. Local optionwithin the county as a whole could.not be repealedby piecemeal."
Tlzelaw is well settledIn this State that where local optionwithin the ec.zty aa a whole has been adoptedthat the 8Bme cannotbe repealedexcept by E comtywlde election. We *mume from the facts stated in your letter that Freestme County is cidry county.
In view of the authoritiesabove cited, it in the opinionof this departmentthat SenateBill 117 does not, an8 could not, authorizeau election -..
HonorableBowlen Bond, page 4 (O-5487)
to be held in a justiceprecinct,Incorporatedtown or city loaatedwithin the limitsof a dry county,to determinewhetheror not tie sale of beer that does not containalcohol in exoeaeof 4$ by wei&t ehallbe legalized.
Yours very truly
/a/JeeeeOwene
BY Jesse Owena Aseistent
JO:db
APPROVEDAUG X, 1943
/s/GroverSelLx::
APPROVED 0PmIOm C-