Untitled Texas Attorney General Opinion ( 1965 )


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  • Honorable Crawford C. Martin    Opinion No. C-514
    Secretary of State
    State of Texas                  Re:     Whether, under the facts
    Austin, Texas                           stated, the "Ganado Tribune"
    is a newspaper eligible to
    publish legal notices under
    Dear Mr. Martin:                        Article 20a, V.C.S.
    You have requested the opinion of this office as to
    whether the "Ganado Tribune" is legally eligible to receive paid
    legal notice publication orders from the State of Texas under
    Article 28a, Vernon's Civil Statutes, which reads in pertinent
    part as follows:
    "Art. 28a....
    (a) The term 'newspaper' shall mean any
    newspaper devoting not less than twenty-five (25)
    per cent of its total column lineage to the
    carrying of items of general interest, published
    not less frequently than once each week, entered
    fl
    as s ond-cl 6s
    published, and having been published regularly
    and continuously for not less than twelve (12)
    months prior to the making of any publication
    mentioned in this Act." (Emphasis supplied)
    In this connection you advise as follows:
    "The Ganado Tribune is a newspaper cir-
    culated almost entirely within the community
    and vicinity of Ganado, Texas, in Jackson County.
    It maintains an office and regularly employed
    staff of reporters and advertising personnel
    in the city of Ganado. In addition to general
    news coverage, it features news of a purely
    local nature, of interest solely to Ganado
    residents. Its advertising space is purchased
    almost entirely by Ganado businesses.
    -2420-
    Hon. Crawford C. Martin, page 2 (C-514 )
    "In all respects, this newspaper is re-
    garded as a local newspaper by the residents of
    Ganado. It is the only newspaper published
    especially for the people of that community.
    "The Ganado Tribune is-printed at the
    ,&lec Publishing Company'& plant at Yoakum
    in Lavaca County, where individual copies are
    addressed for mailing to subscribers at Ganado.
    It is entered as second-class postal matter at
    Yoakum, where the newspaper is mailed in bulk
    bundles to the post office at Ganado, in Jackson
    County. The post office at Ganado opens the
    bulk bundles and routes the individual copies
    to subscribers as already addressed."
    You ask whether the fact that the newspaper in question
    is printed in Yoakum, Lavaca County, and entered as second-class
    matter in that county, operates to forbid granting publication
    contracts to that newspaper in Ganado, Jackson County. The case
    of Christy vs. Williams, 
    292 S.W.2d 348
    (Tex.Civ.App., 1956,
    error dismissed w.o.j. in 
    156 Tex. 555
    , 
    298 S.W.2d 565
    ), dealt
    with virtually the exact question that is before us now. There-
    in, the Court held that there must be a substantial compliance
    with the law in holding special elections, as distinguished from
    a literal or absolute comuliance. The Court went further and
    stated that that portion of Section 2 of Article 28a, Vernon's
    Civil Statutes, which provides for publication in a newspaper
    which is entered as second-class postal matter in the county
    where published is at best directory, and not mandatory.
    Further, although the Ganado Tribune is printed in
    Lavaca County, and entered as second-class matter there, the
    fact that the business and editorial offices are located in
    Ganado, and the paper is principally circulated in the Ganado area,
    constitute sufficient evidence to conclude that the paper is pub-
    lished in Ganado, Jackson County. See Attorney General's Opinion
    No. 2993-C (1937) and citations contained therein.
    In view of the facts outlined in your request, and the
    case cited above, it is the opinion of this office that the
    "Ganado Tribune" is legally eligible to receive paid legal notice
    publication orders from the State of Texas, where other specific
    -2421-
    Hon. Crawford C. Martin, page 3 (C-514 )
    statutory requirements are met.
    SUMMARY
    The provision of Section 2 of Article 28a,
    V.C.S., requiring that a newspaper be entered as
    second-class matter in the county where published,
    is directory only. A newspaper that is printed
    by contract in one county and nailed for publi-
    cation in another county is, under the facts of
    this opinion, legally eligible to receive paid
    legal notice publication orders from the State
    of Texas.
    Very truly yours,
    WAGGONER CARR
    Attorney General
    By:
    ~&u``
    .
    Assistant
    MLQ:ra
    APPROVED:
    OPINION COMMITTEE
    W. V. Geppert, Chairman
    John Reeves
    Pat Bailey
    Ralph Rash
    Jack Goodman
    APPROVED FOR THE ATTORNEY GENERAL
    By: T. B. Wright
    -2422-
    

Document Info

Docket Number: C-514

Judges: Waggoner Carr

Filed Date: 7/2/1965

Precedential Status: Precedential

Modified Date: 2/18/2017