THE i%'X7?ORNEY CENEKAL 

OF %?LCXAS 

Honorable W. Lee O'Danlel 

Governor ofTexas 

Austin, Texas 

Dear Sir: Opinion NO. o-2662 

Re: Constitutionality of Article 

4413, Section 11, Vernon's Revised Civil Statutes. 

In your letter of August 28, 1940, you ask for an 

opinion upon the constitutionality, under Article 4,~Section 

10, of the Constitution of the State of Tejlas, of Se&Ion 11 

of Article 4413, Vernon's Revised Civil Statutes. 

Article 4, Section 10 of the Constitution 

In part as follows: 

"He (the Governor) shall cause the laws to 

faithfully executed, . . . .' 

provides 

be 

In 1901, the Legislature passed legislation which 

provided for the organization of the Ranger Force and provided that this force should always be under the command of 

the Governor, for the purpose, among others, of aiding in 

the enforcement of the laws of the State. In the act of the 

44th Legislature, incorporated Ln Vernon's Civil Statutes as 

Article 4413, the Texas Ranger Force was transferred to and 

placed under the jurisdiction of the Department of Public 

Safety, constituting such Texas Rangers a division of the 

Department of Public Safety. 

You ask whether this later law is constltutlonal, 

under the section of the Constitution above referred to. You 

also ask that we advise you, If we find that the law Is constitutional, what means the Governor has of carrying out his 

constitutional duty of "causing the laws to be falthfully executed." 

The provision of the Constitution above quoted does 

not require or contemplate that the Governor is himself to 

execute the laws of the State, but is intenaed only to obllgate him to see that the proper officers of the State do execute such laws. shields VS. Bennett, 8 W. Va. 74. Such 
Honorable W. Lee O'Daniel, page 2 0 -2662 

general words as are found In this constitutional provision 

cannot be made the basis of an lmplicatlon of want of leglslatlve authority to vest the execution of the laws of the 

State fn such officers as may seem to the Legislature necessary or advisable. Henry vs. State, 87 Miss. 1, 39 so. 856. 

Insofar as the'matter of the means by which the Governor may compel the laws to be faithfully executed Is concerned, there is little that he can do save to bring about 

the faithful execution of the laws by moral suasion. In exceptional circumstances, when the civil arm of~the government 

Is powerless because of invasion, InsurrectIon, or anarchy, 

the Governor has the power to call forth the M~lltla~to execute the laws of the State. Constitution Article 4, Set-~ 

tlon 7; Rose Manufacturing Company vs. Western Union Telegraph Company (Civil Appeals) 251 3. W. 337. In instances 

where the Governor has the power to remove officers of the 

government, he has, by virtue of that authority, a means of 

compelling the laws to be falthfullg executed. 

In the case of Houston Tap and Brazoria Rallway 

Company vs. Randolph, 24 Tex., 343, the court said: 

. "The Governor 1s the head of the executive 

department of the State, and it is made his duty, 

by the constitution, to 'take care that the laws 

be faithfully executed.' It is evidently contemplated, that he shall give direction to the management of affairs, in all the branches of the executive department. Otherwise he has very little 

t0 do. Where he has the power of removal, he can 

assume authoritative control absolutely, Ln all of 

the departments. This being the caee in the United 

States government, results in the entire unity of its 

executive department. The absence of that absolute 

power of the chief executive in this state, must 

occasionally produce a want of harmony in the executive administration, by the inferior officers of 

that department declining to comply with the wishes, 

or to follow the judgment of the governor. That 

is an inherent difficulty in the organization of 

that department, and the conflicts arising out of 

It, cannot be adjudicated or settled by the judiciary. The fact that there is no remedy for an 

Injury growing out of such conflict, cannot justify 

another department, to wit, the judiciary, in overstepping the boundary of its prescrlbed,,authority, 

for the purpose of furnishing a remedy. 

The court in that case goes on to point out that the 
Honorable W. Lee O'Daniel, page 3 o-2662 

authority to provide means by which the governor may be able 

effectively to 'cause the laws to be faithfully executed" 

rests In the legislative branch of the government, and until 

the leglslatlve branch of the government shall provide those 

means, there is little that the executive is able to do in 

order to effectively compel the faithful execution of the 

laws of the State of Texas. 

Yours very truly 

ATTORNEY GENERAL OF TEXAS 

By s/R. W. Fairchild 

Richard W. Fairchild 

Assistant 

RWF: rw : WC 

APPROVED SEP 5, 1940 

s/Gerald C. Mann 

ATTORNEY GENERAL OF TEXAS 

Approved Opinion Committee By s/BWB Chairman