THE .k’Tl?ORNICY (;tENERAL 

OF TEXAS 

Senator dep S. Fu.Uer O~lnion No.. MiG57 

The Senate of the State of Texas 

Austin,; Texas Re: Significm~e of the word 

"paramount" a* ahown on 

Page 2 of tkie committee 

suhattitute for Senate 

Dear Senator Fuller: Bill 100. 

Your request for an opinion of this office in your letter 

of February 21, 1957, onthe above Bubject matter Is in part a* follows: 

"I am submittfng herewfth the committee eubstitute for 

Senate Bill 100. 

"The Treneportatlon Committee directed me, as chairman, 

to refer this bill to. your Depw-tment for a ruJ.ing on the 

eigaificance of the,word 'paramount' on. page 2 of the Committee Substitute for Senate Bill lO0." 

The part of the cam&ttee substitute for S&at@ BiLI 100 pertfaent.tO mUZ+ inQUt= iS &a fO&X3TI 

"'2 . It &all be t.&? duty of the Commilsaioizerer to 6ee 

that upon eacfi raitioad; in thid State carrying passengers 

for hire there ahall be run a% Ieast one trash each day, 

Sundaya~ wepted,. upon lPhich passengera shall beg hauled1 

provi‘ded., however,. the Commfasion may, in Fts d%tretion, 

upon apgHcat,%on f?Xed and after notfce and hearfng, relax such reqp3irement as to my redlroad, or part, portion 

or branch thereof,. when, (I) In Lt.s, opinion, publfc con-, 

venienco permi'ts of such relesation,. and ahelI relax such 

requXreme&t when it appears upon such hearFng that the 

running &one traia each day, Sundagw excepted, is not 

ne&seary in the rendX~ion of adequate service to the gubUC;:, and, when, (2) in its opinion, that on wxy railroad, 

os- part, or poeion or branch thereof, passenger SeNLCe 

as frequent a~' one tra&,;&ach day, Sundays excepted, with 

the passenger traf+ offered and reaqonahly to be expected, does not and will Mt, pay the cost of such eervice plU a reasona#$z~re~~.upo~the property employed 

in the rendition of nucb~sarvfcq; provided, liowever, that 

the public conven.i!ence and t+he,adequacy of the service to 

the public *hall aXwagm be a,paramo!+t rotieideration + 

detemining wW3ier or not th5 requirement af operating 
Senator Jep S. Fuller, Page 2 (WW-57) 

at least one train a day shall be relaxed because the cost 

of such service is not yielding a reasonable return upon 

the property employed in the rendition of such service; 

II . . . 

Article 10, Section 1, Vernon's Civil Statutes, directs that 

In the construction of all civil statutory enactments "the ordinary signification shall be applied to words, except words of art or words connected with a particular trade or subject matter, when they shall have 

the signification attached to them by experts in such art or trade, with 

reference to such subject matter." Since the word "paramount" is not 

a word of art or a word connected with a particular trade or subject 

matter, the ordinary algnification must be applied. 

The term "paramount" is defined as follows: 

"Adj. Saving a higher or the highest rank or jurisdiction: superior to all others; chief; supreme; preeminent ---oft& with to; as, a duty para&nt to all. Syn. 

-- see dominant." Webster's New International Dictionary, 

Second Edition, Page 1773. 

"1. Possessing or pertaining to the highest title or 

jurisdiction; supreme in authority; as a paratiount chief; 

paramount rule. 2. Possessing the highest degree of importance; superior to all others; supremely controlling; 

as paramount obligations; a paramount necessity. 3. SUcerior: hizer: used prepositionally. Sny. Chief, emi- '~ 

nent, foremost, preeminent, principai, superior, supreme." 

Funk and Wagnell's New Standard Dictionary of the English 

Language, Page 1792. 

"Higher; superior; preeminent; of the highest rank 

or nature. It is a word frequently used In ordinary life, 

and having no technical or legal significance calling for 

a discrimination in the niceties of the meaning involved 

in the different ideas that may be drawn from a given Situation." volume 67 of corpus Juris Secundum, Page 558. 

The writer has carefully checked tid has found no Texas Court 

decision construing the word "paramount". Some courts in other jurisdictions have judicially defined the word according to information stated In Words and Phrases, Permanent,Edition, Volume 31, Page 53 and 1956 

Pocket Parts. These judicial definitions conform with the above dictionary and encyclopedia definitions. 

It is clear that the word "paramount" given its ordinary signification refers to something that is superior; higher; preeminent; 

above all; of highest rank or nature. This necessarily conveys the idea 

that the consideration of the public convenience and the adequacy of 
Senator Jep S. Fuller, Page 3 (WU-57). 

/ 

the service to the public s,hall be a superior consideration a8 compared 

with the consideration of the cost ,of operationwhen the commission is 

seeking to determine whether or not to relax the requirement of.operating at least one train a day. 

We are of the opinion,' 'however, that the above mentioned proviso which contains the word "paramount!' Is, iri effect,~ meaningless for 

the followingreasons: 

Arti~cle @t@j~~~&ught~ tobe'-amended; provided that the Railroad 

Commission. could relax in the, requ&rement of running at least one passenger train each day "when, in its,,oplnion, public convenience permits 

of such relaxation and shall relax such requirement when it appears upon 

such hearing that the running of'one train,each day, Sundays excepted, 

is not neceeeary in the rendition of adequate service~to the public, 

z that on any railroad or partor portion or branch thereof, passenger 

service as frequent as one train each,day, Sundays,excepted, with the 

passenger'trafficoffered or reaeonably to be expected does not and will 

not pay the cost of such service, plus a reasonable return upon the property employed In the rendition of,such service." 

Under the proposed'bill, the words "and; when (2) in its opinion'! has been substituted for the word."or" which is underlined above, 

sothat under the proposed bill the Railroad Commission before it permits the relaxation of service must find (1) that public convenience 

permits of such relaxation and that the running of one train each day, 

except Sunday, is not necessary in the rendition of adequate service 

to the public; and also must find (2) that the passenger traffic offered and reasonably to be expected does not and will not pay the cost 

of such service plus a.reasonable return upon the property employed in 

the rendition of such service. 

If the Railroad Commission must make affirmative findings on 

;,both of these' issues, it appears to he Immaterial which shall be given 

paramount consideration. Affirmative findings must be made on each issue and If an affirmative finding on each issue is required, it is wholly immaterial which the Commission considers,of.greatest importance. 

A serious constitutional qu,e.stiqn,will~be present.ed if the 

Railway is deprived of an opportunity to discontinue service where there 

is a~showing,that the passenger trafficoffered and reasonably to be 

I, 

i 

i 

-. 

,. :, 
-- ._ _ 

Senator Jep 6. Puller, Page 4 (W-57) 

expected doe* not and,ulll not pay the 'colt of 6uch rervice~plue a rearonable return.1 

The word "~remount" a6 u6ed on naue 2 of the Committee SubEtltute for Senate Biii ioo coiveyr the 

idea that the conriderstion of the public convenience and the adequacy of +,he rervice to the,publie 6helJ be 8 qupsrid~ cozi6id6ration a6 compared 

with the con6ideration of the co6t of oueratlon 

When the co1w~i66lon 16 Eeeking,to deter&e whether or not to relax the requirement of operating at 

least one pa66epger train a d6y. However, the 

Bill proviso which contain6 the word "pareaount" 

i6, in effect, lWUlia~666, and a 66dOU6 COAEtitutional que6tlon will retit if the Railroad l's 

not permitted to dlrcontlnue p6666nger 66ZViC6 

where there ir a rhowing that the pa66enger traffic offered 6.nd rearronably to be expected doe6 

not snd vi11 not pay the CO6t of such 6ervice 

plu6 a reaEonabl6 return. 

very truly yours, 

WILL UIIs3N 

Attorney General 

NAC:lUl 

APPFWND: 

OPINLON CWmE 

H. Grady Chandler, Chairnvra 

BY 

1. Teurr Cormtltution, Art. 1. 

Edward A. Caeares 

AbElEta& 

Sec. 17. ~No person'6 property rhell be taken, damaged or destroyed 

for or applied to public ure without adequate compensation being made, 

unless by the consent of such perEon; and, when taken, except for the 

u6e of the State, 6Uch colap6nratlon ahall be first made, or secured by 

a depollit of moneyi and no irrevocable or uncontrollable grant of special privileges or immunities, 6hall be made; but all pFLvilege6 and 

franchises granted by the bgirlature, or created under it6 authority 

shall be subject to the control thereof. 

Sec. 19. No citizen of th$6 St6t.6 ahall, be deprived of life, liberty, 

property, privilege6 or iI66lUnitie6, or in any manner diafranchised, except by the due course of the law of the land.