Untitled Texas Attorney General Opinion ( 1947 )

R-441
THEATTORNEYGENERAL
OFTEXAS
PRICE DANIEL
ATTORNEYGENERAL
Your raquest ror an opinion from this offfaa
on the above rubQeot Batter ia, in part, as iollowsr
VzantMmftted harawfth fa a letter from
the Flomiw&ble, Cldrfe Townsend, Oounty Judge.
of Lamar C~ouJltyS Texas, requesting an opinion
ooe whbthas or not that part of Artide 2933
J&38, t*-w&G: @they ~hll fmmcdfately thsreaiter
ga9bJ.M~8Izahorder in 80ma nswapaper in the
OQpl*tl far three (3) oenaecutfve weeks; ps is
6~aereMtfensrgwith auoh Court or mandatory.
Please advise further as to whether @r Sot,
in your opfnf~m, tha failure mf said Court to
publish slid order would vftfate any subaa-
quaat eleotions held fellowing the creation
ai my new eleotioa plwofn0t.a.”
The psrt of Article 2933, V,CS., peFtfnamt
Go your inquiry is:
“Each c````~fssfomsr~ oourt may, if they
derm it prepor, at eaoh Augwt term of tha
aaort, divide their respective oountiea, anel
o-aunties attached thereto for judicial pur-
poses B into convenient electfoxapreoincta,
aaoh of whfeh ohall be dffferantly mmbered
and ,descrfbQd by natural or artificial bound-
aries or survey lines by an order to be enter-
+ad upon the mfnutas of the court, Th&y shall
fmnedfately thereafter publish such order fn
ame newspaper in the county for three oon-
oecutfve weeks o If there be no newspaper in
the county9 then such copy of such order shall
be posted in some public place in each precfnet
biithe county, o OW
Bon, Royce Whfttan, Paga 2
Wa are of..&haopfnfdn that tha Legislature fn-
tandad P@ nqufra tha publfcatfon of suoh election or-
daxw and tbt tflaword *mhallR as there used, is iuanda- ',1
tory,
In Opinion No, O-4023, it was held that the a-
bove quoted provisions of Artlole 2933 ara mandatory, WE
adhere to thet holding and anclose a aopg of that opinion
ror your faiorleatfoa~
In Stata va Wurdamsn, (MO.) 24Q S.W.,.P09,194,
the Court said:
wUsurlly the word 'shallP iadfcates a
mandate, a&%Qunless thara ara obhsr things fa
a stat&a, it isdfcates a mandaborf rtatutsQu
Since the pOaslataptPan
that officers will perform their
smndatory duties obtains, we assuma that the court will
proceed to publfsb the order and ft beoosnee unnecessary
for us to paes on other questions,
The provision of Article 2939, V. C. S,, re-
quiring the publication of a Comissfonersv Court
order establishing or changing election preefnots
is mandatory.
Yolprovery truly
All’ORNEf GENERAL OF TEXAS
Assistant ?
ATTORNEY GENERAL
JR:djm:grb