Untitled Texas Attorney General Opinion ( 1947 )


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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