THIEATTORNEY GENERAL
, OF TEXAS
Gerald C. Mann AUSTIN al. ‘l-m
A-ITORNEY CLCNENAL.
Hon. Tom L. Beauchamp Opinion No. 0-1024
Secretary of State Rei Is “National League for Perpet-
Austin, Texas ual Democracy” an educational corpor-
ation under subdivision 2 of Article
Dear Sir: 13021
Your request for an opinion which is stated in your
letter as followsr
“Does the purpose of the application for charter
of the ‘National League for Perpetual Democracy’ dis-
close this to be an educational corporation under
subdivision 2 of Article 13021~~
has been received by this department.
The purpose clause of the applicants reads as fol-
1owa:
“The purpose for which this corporation is formed
Is for benevolent, charitable and educational purposes,
to wit: To secure unto ourselves and all posterity a
perpetual democracy within these United States of hoer-
pica; to use every legal and educational means at our
, command to eliminate all anti-democracy organizations
from the sphere of Hmerican politics; to do all within
the power of the association, including the promulgat-
ing of constitutional amendments, to prevent and stop
the dissemination of propaganda attacking our present
system of government within the United States of Amer-
Ica, other than our present democratic principles; to
always support the Idea of that form of government
which is an organization of free people, endeavorfng
to live peacefully with one another, respecting the
rights of all and striving to promote the general wel-
fare, delegating the power to be governed only via the
ballot box and retaining our government of the people,
by the people, and for the people at all times.”
It is clear that the paramount purpose, as stated, is
political and that the educational purpose aould not, In any
event, be more than incidental.
A departmental construction of long standing has for-
bidden the .issuancs of charters similar to the one in question.
Hon. Tom L. Beauchamp, page 2 (0-1024)
Such was the holding of an opinion by George G. Chrlstlan,
reports of the Attorney General 1924-1926, page 222; and
opinion of this de artment under former Attorney General C. M.
Cureton on March 2 g 1919; and opinion by Rice M. Tilley on
March 18, 1930, in Apinion-book No. 310 at page 7683 and an
opinion by this department to Hon. W. W. Heath on December 4,
1933, in oplnlon-book No. 352 at page 395.
We believe the last mentioned opinion particularly
applicable to the application in hand. In that Instance the
“Young Democratic Clubs of Texas” made application for a char-
ter from the Secretary of State. Hon. A. R. Stout, then Assist-
ant Attorney General of Texas, held that the stated purpose
was not an educational purpose and the application was not such
as was authorized by subdivision 2 of Article 1302 of our Re-
vised Civil Statutes of Texas.
It is the opinion of this department that the purpose
expressed in the application made to you is not an educatfonal
one and that it does not fall within subdivision 2 of Article
3302. We believe the law to be correctly expressed in the
opinions cited herein and therefore we concur in those opinions.
Yours very truly
ATTORNRY GENERAL OF TEXAS
By /s/ Morris Hodges
Morris Hodges, Assistant
AF’PROVRD
JUL 6, 1939
/s/ W. F. Moore
FIRST ASSISTANTATTORNMGENERAL
’ MH-MR:wb
Untitled Texas Attorney General Opinion
Combined Opinion