**OFFICE OF**  **THE AlTORNEY**  **GENERAL OF**  **TEXAS AUSTIN** 

we quote, in par

e Texas state as co11eJg3

of **-3stea** to enter te FlyLng serrmy Air Force, to buildiNs belowi- to the been used for domitory tive homes for students,and 1s for enlistedmen of the oe enrolled or are enrolled TrainSng course to be trained

"1 em enclosinga **copy** of a verbal proposal aubnitted to the Board and also a copy of a contractwith the ZIarte Flying Service or'l?ichita, Ksnsas has with the Fort Hngs **Kansas** State Cal

### lege at the present time, or rather did !lave, which expired on th,e 31st day of Awust, and t&s school Is the school thegwant dormitories at Denton, Texas...- ----.

Ronorable J. K. Brim, page #2

'1. Can the Board of Regents lease the property belonging to the College on a basis to these parties which they propose to lease? '2. Cti the Board of Regents open this dormltorg space and teaching facllltlesto other than for the education of white girls as pro; vided in the original act creating this school? '5. Canthe Board of Regents operate a dti lng hall for the men studentsattendingand occupying,using the equipmentand facllitisn' of the Colle&e as proposed In thl.e.oontract and receivepay for samsf”

You enclosed with your letter of request copies of the verbai proposal and the contractmentioned therein. We will not copy these instrumentsIn this opinion,but will. refer to then when need arises therefor.

The College of Industrial. Arts was created In 12Cl by the Twenty-seventh Legislature (Chapter52, House Bill Ho. 551 see~alaoA&Isles 2624-26288, Vemonts Annotated Clvll Statutes.) Section lcf House Bill 35 provides that 'an Industrialinstitute and college la hereby established for the educationof wblte girla ln the arts and soiences 99'iF"T~sup~).

lows: Artiolee 2626 and 2627 provide, respeotively,as folWze board of regents shall possess~allthe powers neoessary to the establishment and malntensnce of a first-classindustrialinstitute end college for the educationof wblte girls in this State In the arts and aoiences,at which suoh girls may acquire a literary education, togetherwith a knonle~e of kindergartenlnstructlon,telegraphy, stenography~andphotography,drawing, painlAng, designing and engraving, ln their industrialapplication,aonorablsJ* KO Brim, page a.5

needle-work, includlq dressmaking,bookkeeping, sclentlficand practical cooking, Includinga chemical study of food, practical housekeeping,trained nursing, caring for the sick, the care and culture of children, with such otl?er prastlcal industries as, from time to the, may be suggestedby experience,or tend to promote the gensral object of said institutsand college,towit: Fitting and preparing such girls for the practical industriesof the age. Acts 1901, p. 306."

V.he board oft

regents shall appoint a president and professor of said college and such other officers and employees as they may~thlnk proper, end fix their salariesnot to exceed the salariespaid professors in any one departmentat the Agriculturaland kechanical College; and make such rules and re,tiations for the governmentof said officers as they may deem advisable. They shall re,Uate rates of tuition, togetherwith course of disoipllne necessary tom enforce the faithful Cischarge of the duties of all officers,~rof’ essora and students;divide the course of instruction into ~departmenta,

so as to secure a thorough education and the best possible Instructionin all of said Industrialstudies, selectingcareful and efficientprofessors In each department, and shall adopt all suah rules, by-laws and regulatione as they may deem necessary to carry out all the purposes and objects of said instltution. XCL~

We see that'the college was establishedfor the educationof white girls In the industrialcoursesnamed. we see that the board of rszents Is empoweredto adopt such rulesand regulationa "as they dsem neosssaryto carry out all the purposes and objects of said Institution".BonorablsS. IS. Brim, page #4

you wish to know whether the board of regentsmay lease certainbuildings ouned by the college to a government contractorwhich buildin.;s will be used by enllsted men of the Army Air Force for dormitory,office, and claaaroom purposes. These bulXdln-;s are across the street from the csxipus

proper. You wish to know also whether under the lease oontraot the board of regent3may make provisionfor the supplyingof meals to such men In the Senior Xess iiall in the Home ,"conomics Building, as set out in tile verbal proposal. .t,

We are of the opinion that no authority exist8 for the boar& of regents to enter into such a contract. hanifestly, such a contractuould In no uay aid in carryingout. the "purposesand object3 of said institution". On the other hand,ve think that it could be reasonsblycontendedthat the enteringand execution of such a contractwould be in violation of both the letter of and the spiritbehind the law. Obviouslytie college could not adnlt men students, It is reasonableto presume that msny parants send their dauzhtere to the .college

for the reason t-hat it Is not a coeducational institution. It is a college for WxLte gLrls”. &rents may in the exercise of sound judgmentdeterJlln8 that theirdaughters should attend a rjirls! school. CLearly this was one of the reasons for llmitinc the enrollment to girl students.The use of tile

buildings and fncllltiesof tbe collegeby the enlistedmen would certainlyaccomplish many of the same results should male studentsas such be admitted to the college. Can the board of rezsnts by contractdo Indirectly what it cannot do directly? Kir'e

think not. exists for such action; Ve do not believe that authority It follows that the board of regents nay not enter into such lease agreements. Fort Korth Cavalry Club V. Sheppard, 125 Tex. 339, S3 S, W. (2d) 660.

It may be contended that Article 262Sa pe-rmlts the board to enter auoh contracts. This article aul;llorizes the cc3structlon

and equipmentof dormitoriesor otter improvements, to Issue obllyatlonsin payment thereof, and pledgeHonorableJ. X. Brim, page #6

Vhe exact amount of this charge for room and board will have to be determinedon the 

### bash of actual cost to the school to include any overhead tfiat

might be attendant to furnlsblny these nervlces”.

It could hardly be contended that such charges are to be made to obtain funds to pay either for improvonsnts or on obligationsIssued therefor.

. . Another possible contention is that such a lcase contractis authorieed under the terms of Articles 2625 and 2585a,Vernon’sAnnotated Civil Statutes. Among other things, Article 2625 provides as follows:

n * * +f

The SOard of Regents shall have the power incident to their position and to the same extent,so far ris x be anvlicableand shall i%ceive-TiKcE&n3a?Xon es is conferred .bglaw on the resents of the State ~Unlversi,ty;

3f 9 4. (kmphaslseupplied).



### Article2585areads as 

### follower

OThe Board of Rezenta’ of the Universityof Texas is directed to request the Kar and Navy Departmentsof the United States of America to establishand maintain courses of military and naval trainin;,qualifyingmen student graduatesof such courses for r=rve commisaion ai7ard3, as a part of its curriculum. The Board of I!egents

is authorizedto enter into mutually agr,eeable contracts for such >urpooes. ‘The work of tne students enrolling in such ccmrses~

may be creaited toward degree rcquirements odor such regulationsas the Board of Regentsmay presoribe.I

. 

## _--.

. . El3 

# ; i 1 Eonorable

J. K. 

### Brim,pm #7

f
f 'No etuaentof thBuniversity shallever ., be required to take any portion of such tralning as a condition for ontrmoe into ths mi1 vsrslty or graduation 

### IL-i-erefram. Acts 1941,


### i 47th Leg., p. 479, oh. 302, Sec. 

### 1)". @aphasie supplied). ?' s
a you sill notice that under'thatpart of Article~2626,

i above quoted, pllcable." the powe?? is granted only l'so far as nay be ap- '#!e do not bslieve that Article 2X5a is agplicable to tho Fexae State College for Women.

a . .
f In the first plaaa, the article is ap>,licablo only to men students. The work c$ such studentsrmy be orodited to1 uard degree requiremnts. reads, in part -"The fact The Ol?l0r,~:oilCy CkiUSO Of th8 statUtb$ i that every collc~oxm should be

Itaughtthe noaning of diccZpline, the power ofnfidnnoe, the value of self-control,* s"r 8 " (exiphasis

upplied). Obviously,
i tbie statuteaamot be comtrued to apply to the Texas State Collegefor :‘

Somonbecause oL

c the fact that it does not have,

1 rtoy

can it have, under t?m lax, nsi,otudonts. %ving reached tL?e conclusionthat Article 25%a is not by its provislo~ applicableto your colleso,we do not have to dotemIne whether I

r the article is expressl.y llnlted to the State Universityby the words, "Tha j3oard of Regents of the UnZversit~ of Ci'exas + 0 )c w. (Wphasis supplied). -.- --

In vion k the 

### forogolng, you are respectfullyadvised thatyour questions 1, 2 and 3 are answeredin the negative.

. .. .- .I*