Texas Attorney General Opinion: V-1352 Page: 3 of 6
6 p.View a full description of this text.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Ron. William L. Taylor, page 3 (V-1352)
of hunting per open season, while resident hunters may
hunt during the entire period of the open season, is an
arbitrary and unreasonable classification of hunters.
The Act deprives nonresident citizens of the privilege,
right, and pleasure of hunting deer for the entire pe-
riod of the open season as resident hunters may do. It
is our opinion that this classification and grouping of
Texas citizens is not based upon a substantial differ-
ence in relation to the subject of the Act.
In Harper v. Gallovay, 51 So. 226 (Fla. Sup.
1910), the petitioner for a writ of habeas corpus was
charged with violation of a game law of Florida requir-
ing nonresidents of Marion County, Florida, to give three
days' notice to the game warden of Marion County of their
intention to hunt in Marion County and to purchase a li-
cense for the privilege. Residents of Marion County were
not required to give notice or have a license. In dis-
charging the petitioner from custody of the sheriff and
holding the resident - nonresident classification for
hunting in Marion County unconstitutional for violating
the equal protection clause of the United States Consti-
tution, the court said:
".. . the classification of persons af-
fected by the regulation is such that resi-
dents of the state who do not reside in Marion
county are discriminated against in the regu-
lation of a subject as to which all the resi-
dents of the state have some interest; and the
discrimination is apparently not founded upon
any real differences in conditions with refer-
ence to the subject regulated. Such discrim-
ination is therefore unjust, and in effect
denies to the residents of the state who do
not reside in Marion county, among them being
the petitioner, the equal protection of the
laws of the land.
"The section of the statute for the vio-
lation of which the imprisonment of the peti-
tioner was adjudged is therefore invalid and
inoperative as to residents of this state;
. . ." (51 so. at 230.)
To the same effect is Hill v. State, 53 So. 411 (Miss.
Sup. 1910).
Upcoming Pages
Here’s what’s next.
Search Inside
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Text.
Texas. Attorney-General's Office. Texas Attorney General Opinion: V-1352, text, November 20, 1951; (https://texashistory.unt.edu/ark:/67531/metapth266170/m1/3/: accessed June 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.