. \ 

R-963 

OFF,ICE OF 

THE AFTQR&WY GENERAL 

AUSTIN. TEXAS 

PRICE DANIEL 

AITOR?aEY GENERAL 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, motorChief, 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. Proper 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 maintenance of innocent sports, to wit, bicycle racing, 

automobile racing, motorcycle racing and airplane 

racing; all of such racing involving only legal contests 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 racing, and airplace racing are “sportsm as used within the meaning 

of Section 9 supra. 
Honorable Paul H. Brown, Page 2 (V-455) 

race I: 

Webster’s International Dictionary defines the verb “to 

“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 competition; and hence under the broad generic meaning would constitute a 

‘sport” within the intention of the Legislature as expressed in Saction ,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 support 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 

CKR/JCP 

C. K. Richards 

Assistant