OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

:Z=S 

Honorable T. ti. Trinible 

First Assistant 

State Superintendent of Public Instruction 

Austin, Texas 

Dear w. Trilablet 

We beg to acknowl 

for 0 legal opinio 

subject-matter, y0 

of your letter, asldng 

the Austin 

f The steck Company, 8 corg contracts for the publicatext 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 ,.^ __ _^..^__.. 
iionorablc T. 2~. Tr1wbl.e ., .page 2 

*Ho member of the Board of Trustees of 

any public school, nor teacher in any of 

the public scilools in this State, nor County 

or City Superintendent, Uniycrsity president, 

Colle&e President and any teacher in any institution of higher learning, of publio schools 

shall, during the term of his office as Trustee or Superintendent, or during the time of 

hi4 employment as teacher, act as agent or attorney for any textbook publishing company 

selling textbooks in this 3tate. If, after 

eleotion as trustee, County or City Superintendent, University President, College President 

and any teacher in any institution of higher 

learning, or employment as teacher, any peraon filling such position aoccpts the agency 

or attorneyship of any textbook publishing 

company, the acceptance of such agency or attorneyship shall vork a forfeiture of the offico 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 proscribes one who acts *as agent or attorney for any textbook 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, 'se think, 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, (Atlantic 8: 

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; 
- 

.’ * 

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 conccro*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 & iirimt Scolting & n2f. 

co ., 20 P. 32X3! ii:;zEB3S City 0. CUlliXbll, $8 EC. 1009; 

311y Y. ziev3rk Shoe Stores Co ., 130 8. II. 32 1 Ccntincntal 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~ iIussel1 Y. Dannenberg Co., 132 9. E. 2!m~ Cmacbo 

Y. ikmilton, oto. Co., 37 N.X.S.735g rJa3hin~ton Gaslight 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 *Jill continue 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 .$cPu a do jurC officer. So 

t&at, yotw offici:~l relations m 3tate 3p3H.ntendcnt 

ItiCh the kioard of 'Truotecs will in all rcapxAs be unrrffooted by anythUg ve have said in this opinion. 

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