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December 21, 1950 Hon. F. T. Oraham op1ni*n Ilo.v-1137. County Attorney Cameron County Re: Effective date of the Brownsville, Texas 1950 Federal census of Cameron County, Dear Mi. @aha& Reference is made to your inquiry as to the date on which the 1950 Pederal census became effective in Cameron County. You atate that a bulletin of the Eu- reau of the Census dated September 14, 1950, shows Cam- eron County as having a population of 124,034 as of ArJril1, 1950. The bulletin states that this count su- perssdedan earlier published report, the date of which Is not given. The population of Cameron County accord- ing to the 1940 Federal census was 83,202. You *urther state that the question of the ef- fective date of the oensus has come up In connection with fees which may be retained by justices of the peace and constables in that county. We quote from your letter: “Art. 3883, Sec. 8, V.C.S., applies to counties with a population of not less than 77,750, nor more than 88,750, according to the last preceding Federal census of the United Statea. Under that article justices of the peace and constables are permitted to retain a8 their fees $2,75O.OO each per annum, and also to retain one-third of the excess fees until such one-third of such excees Pees, to- gether with the said amount of $2,750.00, equals the aum of $3,000,00. “Section 5 of the same article provides that in counties containing aa many as 100,001, and not more than 150,000 Inhabitants, ustices of the peace and constables may retain J2,5OO.OO eaoh, out of the fees collected.. “In order that Justices of the peace and constables in this county may make their final Y _^ Hon. F. T. Graham - Page 2 (V-1137) reports and their settlement of the annual fees collected, it is necessary to know as of what date the 1950 Federal census is or was effective." Federal law directs that a census shall be taken in the year 1930 and every ten years thereafter "as of the 1st day of A ril." SS 201 206. Provision is made for tR e publia~t~b~'Ca;lAd'distribu~ion of the results of the census, but there Is no Federal statute which determines Its effective date. As observed- in &rvin State
119 Tex. Crim. 204, 205,
44 S.W.2d 380, 381 (19317 "theri is no specific provision . . o with reference $0 the time of final announcement of the census; nor is there any provision as to the time the census shall become effective." Likewise, there is no State statute on this matter. Decisions of the courts of this State have estab- Lished that the preliminary announcement 3y the Area or District Census Supervisor of the results of a census a- mounts to an official pronouncement, of which officials may take notice and upon which they thenceforth are author- ized to act, even though the preliminary figures are sub- ject to correction by the final report- Holcomb v, Soi- , 232 s.w. 891 (Tex. civ. ~pp. 1921, error dism,); Ervin Q State, 119 Tex. Grim. 204, 44 S.W,2d 380 (1931); Garrett v. Anderson
144 S.W.2d 971(Tex. Civ. App. 1940, error dism., judgm.,c&.)~ However, in none of those cases was it neces- sary for the court to determine whether the effective date related back to the time the enumeration was made,--in th%s case, April 1, 1950. There is no Texas decisfon directly on this point. However, the reasoning and language of the cases indicate that a census does not take effect until its result is announced. Decisions in other States are conflicting as to the precise date on whfch a Federal census becomes effec- tive in the absence of a State statu:e nrescribing the ef- fective date, In Qpderwood V~ Hfck~,-l.&2 Term. 6894
39 S.W.2d 1034(1931) the court heid that an increase in the salary of the couney courtss clerk beca‘lseof an increase in the populatfon of the county &car% affective April 1, 19309 the date of the enumeration. A contrary view was ex- pressed in Lewis v. I&&&Q&& m, cot&.t& 200 pa. 590,
50 A. 162(19OSl, which also involved the saiaries of co,untyof- ficers. his case held that the effect
Document Info
Docket Number: V-1137
Judges: Price Daniel
Filed Date: 7/2/1950
Precedential Status: Precedential
Modified Date: 2/18/2017