March 8, 1957

Senator

Jep S. Fuller Opinion No. WW-57A The Senateof the State of Texas Austin,Texas Re: Significance of the word "paramount"

88 ahown on Page 2 of the committee substitute

for Senate Dear Senator

Fuller: Bill 100.
Your requestfor en opinionof this office in your letter of February21, 1957, on the above subject matter Is in part as follows:
"I am submitting

herewith

the committee

substitute

for SenateBill 100. "The Transportation Committee

directed

me, as chairman, to refer this bill to your Department for a rulingon.the significance

of the word 'paramount' on page 2 of the Committee Substitute

for Senate

Bill 100." The part of the committee substitute

for SenateBill 100 pertinent to your inquiryIs as follows:

"2. It shallbe the duty of the Commi$.onera to see that upon each railroadin this State carrying paesengera for hire there shallbe run at least one train each day, Sundaysexcepted,

upon which paeeengers shallbe hauled; provided,

however,

the Commlseion

may, in ita dlacretion, upon application

filed and after notice and hearing,relax such requirement a8 to any railroad, or part, portion or branch thereof,

when, (1) in its opinion, public convenience

permitsof such relaxation, and ahall relax such requirement

when it appears

upon such hearingthat the -ing of one train each day, Su~@%ynexcepted, 1s not necessaryin the rendition of adequateservice to the public; and, when, (2) in its opinion, that on any railroad, or part, or portlonor branch thereof, passenger

service as frequent

a8 one train each day, Sundaysexcepted, with the passenger

trafficoffered

and reasonably

to be expected, does not and will not pay the cost of such service plus a reasonable returnupon the property employed in the rendition

of such service;

provided,

however,

that the public convenience and the adequacy

of the service

to the public shall always be a paramount

consideration

in determining

whether or not the requirement of operating- .

SenatorJep S. Fuller,Page 2 (WW-57A)

at least one train a day shallbe relaxed becausethe cost of such serviceis not yielding a reasonable

returnupon the propertyemployedin the rendition of euch servicei 1, *
. 0 Article 10, Section1, Vernon's Civil Statutes,

directs

that in the construction of all civil statutory enactments

"the ordinary

nigniflcatlon

shallbe appliedto words, except words of art or worde connectedwith a particular trade or subject

matter,

when they shallhave the signification

attached

to them by experts in such art or trade,with reference

to such subject

matter." Since the word "paramount" ie not a word of art or a word connected.with a particular

trade or subject matter,the ordinarysignification must be applied. The term "paramount s ie defined

as follows: "Adj. Having a higher or the~highest rank or juriadiction;

superior

to all others;chief; supreme;preeminent -- oftenwith to; as, a duty paramount to all. Syn.

-- see dominant." Webster's New International

Dictionary, SecondEdition,

Page 1773. "1. Possessing

or pertaining

to the highest

title or jurisdiction;

supremein authority; as a paramount

chief; paramount

rule. 2. Possessing the highest

degreeof importance;

superior

to all others;supremely controlling; as paramount

obligations;

a paramount

necessity. 3. Superior;

higher: used prepositionally. Sny. chief, eminent, foremost,

preeminent,

principal,

superior,

supreme." Funk and Wagcell's

New Standard

Dictionary

of the English Language,

Page 1792. "Higher;superior;

preeminent;

of the highestrank or nature. It is a word frequently used in ordinary

life, and havingno technical or legal significance callingfor a discrimination

in the niceties

of the meaning involved in the different

ideas that may be drawn from a given situation." Volume 67 of CorpusJuris Secundum, Page 558. The writerhas carefully checked

and has found no Texas Court decision

construing

the word "paramount“. Some courts in other juriadictions

have judicially

defined

the word according

to information

stated in Words and Phrases,Permanent Edition,

Volume 31, Page 53 and 1956 PocketParts. These judicial definitions

conform

with the above dictionary and encyclopedia definitions,
It is clear that the word "paramount" given its ordinarysignification

refers to something that is superior;

higher;

preeminent; above all; of highestrank or nature. This necessarily conveys

the idea that the consideration of the public convenience and the adequacy

of. -

Senator Jep 5. Fuller,Page 3 (WV-57A)

the~renice to the uublia shall be a ruDerior oomaideration am oanpared with the oonelderation 

### or the 00843

of operation

mhem the oclrieaion ie seekingto determine whether or not to relax the requirement of operatu at leant one train a day.

We we of the opinion, however, that the above MBtiOUed provie0 which omtalne the word wpararmat* ie, in effect, meaninglses for the 

### r0ihfingr08mif3:

Artiole 6479, sought to be amended, providedthat the Railroad Camuiesicm

could relax in the requirement or runningat least one pasaenger train each day "when, in ite opinion, public convenience

permite of such relaxation

end ehall relax such reqnirsmemt when it appeare

upon such hearing that the nmnimg of one train each day, Sundays excepted: is notneoeseary in the rendition of adequateserviceto the public, z that on any railroad or pert or portionor branch thereof, **passenger** serviceas frequent as one train each day, Sundays exoepted, with the passenger

traffic

offeredor reaeonably to be expected

does not and will not pay the eoet of suoh eenice plus a reeeonable return upon the proaerty employedin the rendition of such eervloe." Under the proposed

bill, the words "and,when (2) in lte opinion"has been substituted for the word "or" which is underlined above, sothat under the proposed bill the RailroadCcenmission before it permite the relaxation of service

must find (1) that public convenience permitsof suoh releae.t.ion end that the nmning of one traineaoh day, exceptSunday, is not neoeesaryIn the rendition of adequateservice to the public;and alsomust find (2) that the paesenger traffic

offered and reasonably to be expected

does not and will not pay the cost of such service

plus a reasonable

returnupon the property employedin the rendition

of such service. If the Railroad

Commission

must make affirmative findings

on both of these issues,it appears to be Wuaterialwhich ehallbe given~ paremount

consideration.

Affirmative

findings

muet be m&e on eech iasue and if an affixmative~ findingon each iaaue is required,it is wholly ixmatsrialwhich the Commission

ooneidere

of greatestimportance. Opinion

ho. UW-57 dated March 8, 1957, is withdrawn and this opinion is substituted in lieu thereof.

The word "paramoant" as used on page 2 of the Canmittee Substitute

for SenateBill 100 conveys the idea thattheconsideration of the public **conven** ience and the **adequacy** of the serviceto the public shall be a superior consideration

a8 compared with the consideration of the cost of operation when the camaission is seekingto determine wheth-SenatorJep 5. Fuller,Page 4 (WV-57A)

er or not to relcu the requirement of operating

at lea&one paamga@r tra*ada~. Howemr, the Bill prowieo

vkioh ooat#~ the word "parmount" in, In effieot,

meaningle68.

WILL WIISOR WILL WIISOR Attoryy General Attorney

BY dweml A. Ca!aree Aesimtant

OPDIICle

COkQdI!mm H. WadyChandler,Chainwa~