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. \ R-963 OFF,ICE OF THE AFTQR&WY GENERAL AUSTIN. TEXAS PRICE DANIEL AITOR?aEYGENERAL December 13, 1947 Honorable Paul H. Brown Opinion No. V-455 Secretary of State Capitol Building Re: The legality of chartering a Austin, Texas corporation under Art. 1302, Sec. 9, V.C.S., to maintain ATTN: William E. Stapp bicycle, automobile, motor- Chief, Charter Division cycle, and airplane racing. Dear Sir: You have requested the opinion of this Department upon the following situation: “This office has received an application for charter for a proposed domestic corporation. Prop- er fees have been remitted, and the charter and all submitted instruments are in proper form for filing. “The stated purpose, clause is ‘The ~purpose fork which it is formed is to support a club for the main- tenance of innocent sports, to wit, bicycle racing, automobile racing, motorcycle racing and airplane racing; all of such racing involving only legal con- tests of endurance and skill and pursuant to and as .authorised ~by Section 9, of Article 1302, Revised Civil Statutes of Texas, ,1925.’ ‘Are these transactions ‘sports’ within the meaning of Article 1302 (9)? That is, would this office be justified, in your opinion, in approving and filing the charter with the stated purpose clause? ” Section 9 of Article 1302, Revised Civil Statutes of 1925 is as follows: . “The purposes for which private corporations may be formed are: . . . 9. To support and maintain bicycle clubs and other innocent sports.R Since it is the settled law in Texas that words shall be given their ordinary meaning, the question here to be decide~d is whether or not bicycle racing, automobile racing, motorcycle rac- ing, and airplace racing are “sportsm as used within the meaning of
Section 9 supra. Honorable Paul H. Brown, Page 2 (V-455) Webster’s International Dictionary defines the verb “to race I: “To run or engage in a race; to compete in speed; as, the horses -- raced; to race for America’s cup; . . . to run, sail, row, etc., a race with or to cause to contend in a race; to drive at high speed; u . . . and the word “racing,* as a nou11: “Horse races collectively as a sport, . . .” (Emphasis supplied) ‘Racing’ as qualified by the words bicycle, automobile, motorcycle, and airplane means the exercise of competitive shill by human beings by use of the respective vehicles in such competi- tion; and hence under the broad generic meaning would constitute a ‘sport” within the intention of the Legislature as expressed in Sac- tion
,9 supra. The purpose clause refers to definite sports as required by the Supreme Court in the case of Smith v. Wortham,
106 Tex. 106,
157 S.W. 740, and goes even farther than is required by the rule therein enunciated. It is the opinion of this Department that the Secretary of State is justified in approving and filing the proposed charter with the stated purpose clause. SUMMARY A corporation may be legally chartered to sup- port a club for the maintenance of innocent sports, such as bicycle, motorcycle, automobile, and airplane racing under the provisions of Sec. 9, Art. 1302, R.C.S. of Texas, 1925. Yours very truly APPROVED ATT0RNE.Y GENERAL OF TEXAS C. K. Richards Assistant CKR/JCP
Document Info
Docket Number: V-455
Judges: Price Daniel
Filed Date: 7/2/1947
Precedential Status: Precedential
Modified Date: 2/18/2017