be a 'dry ;;rr,i 1 :2.enm des-i.gn:~t?d> s.)fsr as the sale, etc., of 6 pi P :~i;~.i,5:a i,r,i~,.oxicat;i,~7,g I,-? rpor j~s concerned, and at the saue t;me '70"wet. area" as it relatesto sales,etc., of m%lt l.iquor, sl,t.hough such li'$iormay be intoxicating,'
From the facts preser&edi,nyour the reaaon- i.ngabove, it appearsthat JusticePrecinctNo. 2, under the amendment of 1933 was preserveda8 a "dry-area" 3~ vj,rtu,eof an el~ection held in 1916, and that at an el.ectionheld i,r: 1933, under authorityof the 1933 amendment,that 3.2 per cent 'beerwas :.egalized.
I:t. is, therefore,the op.fnion of this Departmentthat JUstiCe PrecinctRo. 2 of ChambersCounty ie a "dry area" as to the sale of whiskey and other alrobolic beveragescontai~ni.ngmore than 3.2 per cent alcohol hy weight,and i.a a "wet area" as to beer and those beverageswhich do not c,:on?:aln, more than 3.2 per cent of iilcohol by weight.
Your letter settingforth the facts with respectto Justice PrecinctNo. 5 of ChambersCounty is as follows: r.. I
Eon. C. A. Pounds,page 9 (v-262)
"In the year 1913 a local optionelectionwa6 held in JusticePrecinctNo. Five of Chamber8County,Texas, which resultedin the Bale of intoxicatingliquorsbeing prohibi- ted therein;in 1933 a local optionelectionwas held in aaid PrecinctNo. Five to determinewhetheror not the Bale of 3.2 beer shouldbe legalized,which electionresultedin legalizingthe sale of such beer, and in 1936 a countywide electionwas held in eaid ChambersCountyto determine whether or not the aale of all alcoholicbeveragesshould be legalizedin aaid County,which electionreeulted In le- galizingthe eale of much beveragea.
"Pleasebe kind enoughto adviseme whetheror not 8aid PrecinctNo. Five shouldbe ClaBBedas a wet area or a dry area."
Under the same reasoningappliedin the case of JusticePrecinct No. 2, we are of the opinionthat JusticePrecinctNo. 5 of Chambers County is a 'dry" area as to the aale of whiskeyand other alcoholicbeverages containingmore tban 3.2 per cent alcoholby weight,and a "wet" area a8 to beer and those beverageswhich do not containmore than 3.2 per cent of alcoholby weight.
Your letter concerningJusticePrecinctNo. 6 of ChambersCounty is a8 follows:
"In the year 1916, a local optionelectionwas held in JusticePrecinctNo. Six of ChambersCounty,Texas, which re- sultedin the sale of intoxicatingliquorsbeing prohibited therein;in 1933 a local optionelectionwas held in said PrecinctNo. Six to determinewhetheror not the sale of 3.2 .beer should'belegalized,which electionresultedin legaliz- ing the sale of such beer, and in 1936 a countywideelection was held in said ChambersCountyto determinewhetheror not the sale of all alcoholicbeveragesshouldbe legalizedin said County,which electionresultedin legalizingthe sale of such beverages.
"Pleasebe kind enoughto adviseme whetheror not said PrecinctNo. Six shouldbe classedaa a wet area or a dry area." It is the opinionof this departmentunder the authoritiescited above that JusticePrecinctNo. 6 of Ch,anibersCounty,Texas, is a "dry" area a8 to the sale of whiskeyand other alcohol~icbeveragescontaining more than 3.2 per cent of alcoholby we,igh,ht, and a "wet" area as to beer and those beverageswhich do not containmore than 3.2 per cent alcohol by weight. Hon. C. A. Pounds,page 10 (v-262)
SUMMARY
The county-wideelectionin ChambersCounty in 1936 which resultedin legalizingthe sale of all alcoholicbeveragesdid not affect the "dry" statusof JusticePrecinctNo. 1 of