county, justice'spmainct, town, or city that was dry when entire state became dry under prohibition,remaineddry with the privilegeof beoamingwet, as respectslight liquors,by so voting et an electionheld in and for the exact ama that had originallyvoted dry. (Citing.1933amendmentto Art. 16, Sac. 20, Constitutionof Texas.)
5. Though towns and oitiesem not ordinarilyolassedes pol- $ticalsubdivisionsof aounties,the amas of justi- preoincts,towns, and citiesem includedin the pip-ase"p9y politicaleu%dIvision~~thsreof" in local option amendment. (Citingthe 1933 amendmeiittc Art. 16, Sec. 26 of the Constitution).hd, courtswill not follow the letter~ofthe &,atuj&s~~hereto do so would violate its purposeand lead to a oonolu- sion contraryto evidentgoverningintent.
6. 'Under 1935 amendmentof intoxio&ting liquor law, the area of any oounty,justioe'spmoinot, city or tom that wanadry when amend- ment went into affect remainsdry with right to becamewet by so voting at electionunder presentlocal option statutesheld in 8~ area that origtiellyvoted dry (citing1936 amendmentto Art. 18, Sec. 20 of the Constitution and Vernon'sTexas Penal Code, 1938,$rts. 666-let seq, and 667-l et seq.) end, where oity has ceasedto exist as a municipaloorpor- ation, it still exists for purposeof holdinglocal optionelectionto make ama thereofwet either as respectsall intoxicatingliquorsor only as respectsmine and beer. (CitingVernon'sTexas Penal Code 1936, Arts. 666-l et seq. and 967-l et seq. and the X936 amendmentof Art. 16, Sec. 20 of the Constitutiona). -~, The court citesmany authoritiesin additionto those herain- above oited supportingthe prinoiplelaid down in arch of the above para- graphs. &id citationsmay be found upon refemncs to this opiniones printedin the reports. _ .-c
HonorableBert Ford, page 5 (o-4440)
You apI)advisedthat in accordancewith the Constitution and the Statutesof this Stats as expoundedbythe SupremeCourt in the ease above oited and digestedand the authoritiesthorn oited, it is the opinionof this department'that the area 16catedwithin the former City 00 ldrgnoliaPark, a part nor of the City of fbuston, is a dry area, and 'tillso remain unlessand until the qualPfied voters of suoh arm et e local option electionheld for suoh purpose vote in favor of the sale of alooholiobeverageswithin one of the clessifioations permittedby law.
'Retrustthat this satisfaotorily auswersyour inquiry. Yery truly yours
ATTORWEYGEXERU OF TEXAS _ By' s/Rob% F. Cherry
RobertF. c2ls-y Assistanf
/DPFiOVEDAPR8, 1942
s/Grover Sellers FIRSTASSISWEC ATTQRWSYGENERAL
Apprtid: OpinitiIi Co&ittee By:. ?mw.- .._.