the preecribedlimits; and providedfurtherthat in all countiesIn the State of Texas and in all politicalsubdivisions thereof,wherein the sale of intoxicatingliquorshad been prohibitedby local optionelectionsheld under the laws of the State of Texas and in force at the time of the taking effectof Section20, Article 16, of the Constituticnof Texas, it shall continueto be unlawfulto manufacture,sell,barter or exchangein any such countyor in any such political subdivisionthereof,any spirituous,vfnous or malt liquors or medicatedbitters,capableof producingintoxicationor any other intoxicantwhatsoever,unless and until a majority Eon. C. A. Pounds,page 3 (v-262)
of the qualifiedvoters in said countyor politicalsub- divlaionthereofvoting in an electionheld for such pur- pose shall determineit to be lawfulto manufacture,sell, barter and exchangein said county or politicalsubdivision thereofvinous or malt liquorscontainingnot more than three and two-tenthsper cent (3.2$)alcoholiccontentby weight, and the provisionof this subsectionshall be self- enacting." (Emphasisadded.)
The effectof this amendmentie best expressedin this language appearingin the case of HouchinsP. Plainos,110 S. W. (2d) 549:
"The effect of thia provisionwas to make the area of any county,justice'sprecinct,or town, or city,which was dry at the time the entire statebecame dry under the amend- ment of 1919, still dry territoryibut with the privilegeof becomingwet territoryas to vinous and malt liquorsof not more than three and &o-tenths per cent alcoholiccontentby 60 voting at an electionheld in and for the exact area that had originallyvoted dry." (Nmphaalsaddad.)
It appears,therefore,that upon the adoptionof the constitu- tional amendmentin 1933, JusticePrecinctNo. 1 was preservedas a "dry" area by virtue of the electionof 1898, which resultedin the prohibition of intoxicatingliquors. However,ArticleXVI, Section20, as adopted in 1933 gave to a justiceprecinctthe right to hold an electionfor the purposeof determIningwhether or not vinous and malt liquorsof not more than 3*2 per cent alcoholby weight shouldbe legalized. Under this au- thorlt,v,, an electionwas held which resultedin JusticePrecinctNo. 1 mainta-i,ning its "dry" status.
This amendmentof 1933 remainedin effectuntil August 24, 1935, when at an election,ArticleXVI, Section20, was again amendedto read:
"(a) The open saloon shallbe and is herebyprohibited. The Legislatureshall have the power, and it shall be its duty to definethe term 'opensaloon'and enact laws against such.
"Subjectto the foregoing,the Legislatureshall have the power to regulatethe manufacture,sale, possessionand transportation of intoxicatingliquore,includingthe power to establisha State Monopolyon the sale of distilledliq- uors.
"('+jTis,e Legislatureshall enact a law or laws whereby tr,cqualifiedvoters of any county justice'sprecinctor in- corporatedtown or city, may, by a majorityvote of those votl,ng,determinefrom time to time whetherthe Sale of . , .-
Hon. C. A. Pounds,page 4 (v-262)
intoxicatingliquorsfor beveragepurposesshall be prohibited or legalizedwithin the prescribedlimits~and such lava shall containproviaionafor voting on the sale of intoxicatingliq- uom of varioustypes and variousalcoholiccontent.
"(c) In all countiee,justice'sprecinct6or incorporated towns or citieswhereinthe eale of intoxicatingliquorshad been prohibitedby local optionelectionsheld under the laws of the State of Texas snd in force at the tima of the taking effect of Section20, Article XVI of the Conetitutionof Texas, it shall continueto be unlawfulto lllanufacture, sell,barter or exchangein any such county,justice'sprecinctor incorpo- rated town or city, any epirituoue,vinous or malt liquorsor medicatedbitters capableof producingintoxicationor any oth- er intoxicantswhatsoever,for beveragepurposesunless and