OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
:Z=S
Honorable T. ti.Trinible
First Assistant
State Superintendentof Public Instruction
Austin, Texas
Dear w. Trilablet
We beg to acknowl of your letter, asldng
for 0 legal opinio
subject-matter,y0
the Austin
f The steck Company, 8 cor-
g contracts for the publica-
text books used in the public
s, and in the publio free
tin ImZepenaent School District.
es not obtain or approve the
publishing of contraots.
Article 2910 of the Hevisea Civil Statutes proviaes8
“b”NICAT,O* IS ,.^ __ _^..^__..
iionorablcT. 2~.Tr1wbl.e.,.page2
*Ho member of the Board of Trustees of
any public school, nor teacher in any of
the public sciloolsin this State, nor County
or City Superintendent,Uniycrsity president,
Colle&e President and any teacher in any in-
stitution of higher learning, of publio schools
shall, during the term of his office as Trus-
tee or Superintendent,or during the time of
hi4 employment as teacher, act as agent or at-
torney for any textbook publishing company
selling textbooks in this 3tate. If, after
eleotion as trustee, County or City Superintend-
ent, University President, College President
and any teacher in any institution of higher
learning, or employmentas teacher, any per-
aon filling such position aoccpts the agency
or attorneyship of any textbook publishing
company, the acceptance of such agency or at-
torneyship shall vork a forfeiture of the of-
fico or place in the public schools held at
the time of the aooeptanoe of such agency or
attorneyship.a
Under the racte as stated, it is the opinion of
this department that kr. Jackson is not eligible to the
position of trustee.
It will be seen the statute above quoted pro-
scribes one who acts *as agent or attorney for any text-
book publishing company selling textbooks in this State.*
The facts stated by you do not show that krfr.
Jaokson.is an attorney for The Steck Company, nor any
other such publishing company, but they do show that Hr.
Jackson is the General kanager of Tho Stook Company, and
this, 'sethink, necessarily shovs that he is an agent of
the company. A general manager of a business concern is
uecessarily ZLII
agent thereof vith respect to carrying on
-f.tS
Ordinary business,. :
The cases hold that the term *genera?.tmna,~er*
18 synonymous vith the term *general agenta, (Atlantic8:
P* 11.Co. v. neisner, 18 iian.46a$ Pittsburg Pipe 8: Su ply
CO* 0. Pederal machine 8:Supply Co., 107 s. w. (2) I337P;
-
.’ *
128
Honorable T, iyI'i'rizzblo
- pagO 3
that it si.grUios one r&o has the authority to psrfom
a11 tiings rccwmublg propor in the conduct cf the con-
ccro*s business, (Linton Y . De'Yamett, 212 8. 8. 522~
maxxn Y. icnuebcc (ics& Fu'uol Co,, 331 Ml. 3; Robert
Leo GUvcr WFnin~ Co. v. urraha& iirimtScolting & n2f.
co ., 20 P. 32X3! ii:;zEB3S
City 0. CUlliXbll, $8 EC. 1009;
311y Ccntin-
Y. ziev3rkShoe Stores Co ., 130 8. II. 32 1
cntal Supply Co. v. i?orcst XI Gilzzorc Co,. of Texan, J~J
3. 2. (2) 022; ~ouirville, etc. Co. PI 53Y:ay,(M Ind.
3'33~iIussel1Y. Dannenberg Co., 132 9. E. 2!m~ Cmacbo
Y. ikmilton, oto. Co., 37 N.X.S.735g rJa3hin~ton Gas-
light Co. v. ir;medcn,(U.S.) 43 fir'ti.543; Yainright
P. P. ii. t F. AL. Roots co., 07 iI+E. S), 3nA tha like
porsrs and authority.
WC will say, howver, that I&r.Jackson, upon
quzLI.fying and assmdng the dwties of the cffice, boc~c
anil*Jillcontinue to be, so long 3s he hold5 tho office,
a co faoto truStCO, and Ma officinl sots we as IaMul
~ml bin,lin,~ as thou@ ho .$cPua do jurC officer. So
t&at, yotw offici:~lrelations m 3tate 3p3H.ntendcnt
ItiChthe kioardof 'Truotecswill in all rcapxAs be un-
rrffootedby anythUg ve have said in this opinion.