### THE .k’Tl?ORNICY (;tENERAL OF TEXAS

Senator dep S. Fu.Uer O~lnionNo.. 

### MiG57 The Senate of the State of Texas Austin,;

Texas Re: Significm~e of the word "paramount"a* ahown on Page 2 of tkiecommittee 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 Bubjectmatter Is in part a* follows:

"I am submittfngherewfth the committee eubstitute for Senate Bill 100. "The Treneportatlon Committee directedme, as chairman, to refer this bill to. your Depw-tment for a ruJ.ing on the eigaificanceof 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 eacfiraitioad; in thid State carryingpassengers for hire there ahallbe run a% Ieast one trash each day, Sundaya~

wepted,. upon lPhich passengera shallbeghauled1 provi‘ded.,

however,.

the Commfasionmay, 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&twhen 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 serviceto the public *hall aXwagm be a,paramo!+t rotieideration + detemining wW3ier or not th5 requirement af operatingSenator Jep S. Fuller, Page 2 (WW-57)

at least one train a day shallbe relaxedbecause the cost of such service is not yielding a reasonablereturn upon the property employed in the rendition of such service; II

. . . Article 10, Section 1, Vernon's Civil Statutes, directs that In the constructionof all civil statutory enactments "the ordinary signification shallbe applied to words, exceptwords of art or words connected with a particular trade or subjectmatter, when they shall have the significationattached to them by experts in such art or trade, with reference to such subjectmatter." Since the word "paramount" is not a word of art or a word connectedwith a particular trade or subject matter, the ordinary algnificationmust be applied.

The term "paramount" is defined as follows: "Adj. Saving a higher or the highest rank or jurisdiction: superiorto all others; chief; supreme;preeminent ---oft& with to; as, a duty para&nt to all. Syn.

-- see dominant." Webster's New InternationalDictionary, SecondEdition, 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; superiorto all others; supremely controlling; as paramount obligations;a paramount necessity. 

### 3. **SU** cerior: hizer: used prepositionally. Sny. Chief, emi- '~ nent, foremost,preeminent,principai, superior, supreme." Funk and Wagnell's New StandardDictionary of the English Language,Page 1792. "Higher; superior;preeminent; of the highest rank or nature. It is a word frequentlyused In ordinary life, and having no technical or legal significancecalling for a discrimination in the niceties of the meaning involved in the different ideas that may be drawn from a given Situation." volume 

### 67of 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 judiciallydefined the word according to information stated InWords and Phrases, Permanent,Edition,Volume 31, Page 53 and 1956 Pocket Parts. These judicial definitions conformwith the above dictionary and encyclopediadefinitions.

It is clear that the word "paramount"given its ordinary signification refers to somethingthat is superior;higher;preeminent; above all; of highest rank or nature. This necessarily conveys the idea that the considerationof the public convenienceand the adequacy ofSenator Jep S. Fuller, Page 

### 3 (WU-57). /

the service to the public s,hall be a superior considerationa8 compared with the considerationof the cost ,ofoperationwhen the commission is seeking to determinewhether 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 containsthe 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&rementof running at least one passenger train each day "when, in its,,oplnion, public conveniencepermits of such relaxationand shall relax such requirementwhen it appears upon such hearing that the running of'one train,each day, Sundays excepted, is not neceeeary in the rendition of adequate service~tothe 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 reaeonablyto be expected does not and will not pay the cost of such service, plus a reasonablereturn 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 proposedbill the Railroad Commissionbefore it permits the relaxation of servicemust find (1) that public convenience permits of such relaxationand 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 serviceplus a.reasonable return upon the property employed in the rendition of such service.

If the Railroad Commissionmust make affirmative findings on ;,both of these'issues, it appears to he Immaterialwhich shallbe given paramount consideration. Affirmative findingsmust be made on each issue and If an affirmative finding on each issue is required, it is wholly immaterialwhich the Commission considers,of.greatestimportance.

A serious constitutionalqu,e.stiqn,will~be present.edif the Railway is deprived of an opportunityto discontinue servicewhere there is a~showing,thatthe 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 'coltof 6uch rervice~pluea rearonable return.1

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

## Biii ioocoiveyr

## the idea that the conriderstionof the public convenience and the adequacy of +,herervice to the,publie **6helJ** be 8 qupsrid~ cozi6id6ration a6 compared with the con6iderationof the co6t of oueratlon When the co1w~i66lon 16 Eeeking,todeter&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 COAEti**  tutional que6tlonwill retit if the Railroad l's not permitted to dlrcontlnuep6666nger 66ZViC6 where there ir a rhowing that the pa66enger traffic offered 6.ndrearronably 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. ~Noperson'6 property rhellbe taken, damaged or destroyed for or applied to public ure without adequate compensationbeing made, unless by the consent of such perEon; and, when taken, except for the u6e of the State, 6Uch colap6nratlon ahallbe firstmade, or securedby a depollit

of moneyi and no irrevocableor uncontrollable grant of special privileges or immunities, 6hallbe made; but all pFLvilege6 and franchises grantedby the bgirlature, or createdunder it6 authority shallbe subject to the control thereof. Sec. 19. No citizen of th$6 St6t.6ahall, be deprived of life, liberty, property, privilege6 or iI66lUnitie6, or in any manner diafranchised,exceptby the due course of the law of the land.