Untitled Texas Attorney General Opinion ( 1942 )

OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
\-
Honorable Dewey S. lfalker
County Attorney
mlker County
Buntsvllle, Tswa
Dear Sir:
Your letter of Sept aubgiita for our
opinion the following stated qu quote troa your letter
a8 follOw8:
lien Intern-
ment Oaap oi H a post exohau@3
hae been esteb o sell beer.
a, and the poet is
boundary line ad-
er or not lt would be
slng Opinion No. O-&I&J addrassed to
Governor Ooke n ln which we held that the poet erohaage
at Oaap Bowls, Brown County, a dry area, had the authority to
sell 3.2 bear, under tha iaata and authorltles therain cltatod.
'Ne presume that ths post erchanes eetabllshed at the
U. 3. mllltdrr poet, known as FXmfnyAlien Internmsnt Camp of
Huntsville, Texans, nas establlrhad under proper mllltary author-
ity and iron the dleousaloa and author%tirs in the attaohsd
opinion would hate the right to sell 3.2 beer.
Bonorable Dsway 3. Walker - Page 2.
Artlola 667, Vernon’s Annotated Yanal Code, Saotlon
;;``Iwith tha aubjeot of transportation of bear, provides a
a(a) It 1s heroby dealered to be lawful to
transport beer, ae herein defined, end upon vihloh
the tax has bean paid and avidanoed by atamps es
required by law, from any place in this State whara
the sale, manuraotura, end distribution or eeld baar
1s authorleed by law to any other place within this
Btata whars the same may be lawfully menufeotured,
sold, or distributed; and from the State boundary
to any such plaoa, evan though In the 001~313 of suah
trensportetlon the route over which the eeme is balng
transported may traverse local option territory ln
which the manufacture, sale, and dletrlbution of sold
bear Is prohibited. provided, however, thst any such
shipGritS must be acoomPenlad by a written statement
I furnished and signad by the shipper, showing the nema
end address of ths aonslgnor end the oonsignta, the
origin end destination of such shipment, end euoh
other lnfornetlon es may be required by t4e Board
or Admlnlstrator; end it shall be the duty of the
person in oharge of such cargo whils it is being so
transported to exhibit suoh written statement to
any repr6santatlve of the Board or any peaoe offloar
making demand thararor, and ‘meld statement shall be
accepted by such officer as Prima racle avidanoa ot
the lawful right to transport suoh beer. The trans-
portation of beer not eoooapenlad by statement hera-
in required, or failure to exhibit the sane upon
lawrul demand, ahell be e violation of this Aot, and
nng bear being transported ln violation horaof shaI1
be nubjeot to aeixuro wlthout warrant.
"(b) Possession by any parson in any.drp araa
of beer In any quantity axoeading twant -four (24)
bottles having a capeolty of twaITa.(I2 J 0``0411 aaoh
shall be prime raole avldanoa of possession for the
pUrpOSe of sale in a dry area."
For the purpose of this opinion, we shall aesuua the
ths unitsd 3tstes Governm%nt hes aoqulred jurisdiotlon Or the
srae on v&&oh said United States Mllltary Post has baan aetab-
Ii&ad end the poet exohenga astabliahed thereon has bean
IageIIy established undar tha Aots of. the COn#P%S8 and tha
ruIas end raguletlons promulgeted by tha proper OffiOlaIs of
the Covernmant pursuant thereto.
gonorable Dewey S. Walker - Page 3.
Based upon this assumption, we answer your question
e.8 rdiow8r
Sinae lt 1s lawful for post exoBan$es, situated wlth-
in the oonfines of a Dnlted States Military Fost over whioh the
united States Government has aoquired jurlsdlotion, to sell 3.2
beer, or beer of less alcoholic content, we think suoh beer may
be legally transported from any plaoe within this State where
the same inay be iegelfy menura%ired, sold, or distributed to
the post erohange mentioned in your letter, even thugh the
route over orhloh same is transported may traverse dry tsrrl-
tory, provided tho provisions of Artiole 667, supra, are striot-
ly oomplled with. See our Opinlon 20. O-4438.
Yours very truly