1:. ,, ,, ‘

. 

### 488

:

., .

. . . . ..- i .~ a. .~ :

. ~,. **OFFICE OF**  **THE ATTORNEY**  **GENERAL OF**  **TEXAS @**  **AUSTIN July.**  3.1,

1914

Control) shall oont~raot for a

partmants, institutions and boarda, save and sxoept suoh **work** as may be done at the various eduoatlonal **aI&4 elramoaynary**  1n8t1tut10ns

**. .**  **.-**

### 489

..Ronorabla

Hall B. Loaan, page 2

.In our opinion,your Commlsston 18 a State board or type oovered by this Artlole and may avail itself of oontraots the uasuted under the authorityor this Artlola.

The Postwar EoonomioPlannlq Cwtml88Ionwas sreatedb a aonourrent resolutionof the Laglslature, whloh reaolutlou

was approvedby the Oovemor. p. 10% Wj.R. Ho. 33, Aots 48th Leg., ~.a.,

Psrtinentportions of this resolutionread as follo*s: *norm, There wlll be approxlmatoly ten million (10 000,000)men and WIDB~ in the Armed Services and AuxhrittS to returxi to peaoetlmeemploymentafter tha wsr is over; and '.~ WRZREAS, Thsrs will be mllllons of men and wonmn to bs transferredfrom war industriesto peaaetlmeamploymentjanb WRXIDMS

.

. The magnitudeor this undertam 1s sUsh that it Gould be-unulseto postpone its st&lF until the war is over; and WRJBXEAS,The whole,responsiblllty Or solving this problem should not be roroed upon Fadekal otriolals; and *WHRREAS,There should be a oontlnulty ot the stndy of this 8ubfeot;aad .9#BlUB, There has been muoh orltlolsmof aonientration of power in Washlngton'during peaoetlme; an6 'WWUUS, It behooves the States.tobs prapared to enaot State laglslatlon and raoomnendFederal legislationdealingwith the Postwar eoonomyj and *wHRRRAS,Unless proparatlone are made for the Postwar period undsslrable eoonomlopoliois oould be adopts6 during the oonfuslon;thererore,be it ABSOLVED by the House of Rapresentatlvas, the Sk& o&~ourring, That a Postwar Eoonozelo Plannlng Oom~Isslonbe oreated and said Oommlsslon 1s hereby arsated. Said Commissionshall oonsist or thlrtyone (31) members to be appointedby the Governor of Texam~, one member to be beslgnatedas Ohkinnnn.Sal4 malabors

will raoelvsno oompensatlon from the State ~torservioee rendered. At its first meeting or at a time after the first meeting set by then Commlsslon, suoh other ottloers as may be desired shall be aleoteu. Said Comarisslon will formulate lta own rules an4 set the time and plaoe for meetings. One memberof Bald Ootamisslon

shall be a member of ths Texas Yanufaoturers Assoolatfon, one shall be a member of the !UdContinent 011 and Gas Assoolation,one shall be a personuonorableHall ii. Logan, page

# 3

who has dsaonetrated his interest in Agrloulture, one shall be a nambbr or the Texas Prees Aseoolatlon, one &hall be a member ot the Texas Herrepaper Publishers Assoolatlon,one shall be a msmbsr or the Amerloan Legion, One shall be a member of the Texas Federation of Women's Clubs one shall bs a lloensedEngineer, one shall be a l~oenaedArohlteot, one shall'be a memher of the Texas Bar Assooiatlon, ollb shall be a member of the Texas State TeaohersAssooiatioa,one shall be a member of ths Bast Texas Ohamber of Commerss, oas shall bo a member of the South Texas Chamber of Dopameroe ( one shall be a member of the West Texas Chamber or' Oomaerce, one shall be a person who has demonstrated hls,in%erdstin Labor, one shall be a member of the Texan County Judges and Commissioners Assooiatlon, one shall be a presidentor an Institutionor higher learnfag, ona'shallba a lllaaber OP the Texas State . Med~oal Aseooiatlon,one shall be a member of the Texas Sheep and Ooat RalssrsAssoolatlon,one shall be a msmbar of the Texas Motor Transportation Assoolation, one shall be a mamber or the Texae Good Roads Amoolation, one shall.bo a metier or the Texas Bankers Assoolatlon, on; shall

# be

a member or the Texas Cattle RaisersAssooiatlon,one shall be e person who is assooiated

with the Railroads,one shall be a member of tha Texas Lumbermen98 Asaoolatloa,one shall be a fasIaber.oi

ths Texas Ssnsts, one shall be a member of the Tdxss House ot Representatives, **and** four (4) shall be.meabersat large. The Oovernor shall have the power to till vaoanoles. It shall be the duty of the Poetwar Eaonomlo Plan&&g Oommlsslon to make a study of the Postwar 4oonodo problems*oooperatewith other groups, loOal, State and Rational, that are studying this subjeot, invite and oonslder sugeestlonefrom Interested ln&l.vibuals,

make reportmor its deliberationsto the publlo, make reoonmea4atlons to pub110 oiflolals,and formulatepolioles~ Sor any orderly transfer of persons ln the Arsied

Servloes, Au@laries and war industries to peaoetlmeemployment; .uzl; .I ! ,T. In the oase of Terre11vi King, I& S.W. (2d)

# 786, objeotlon * -de to the payment or State funds to members of a oomalttee eated,bythe legislatureon the grounds, inter alla, that thei apittse

was oreated by a ooncuxrent resolutlon.rathar than by a atute and that the commlttesinciuded personswho were not members the -legislature. With reference to these contentions,our Supreme k- “~~ said:/

~.

*All aooounts Sor printfag done, or stationerySurnlshed, exoept for the Legislature when in seasion, ahall be audited la the Sollowiw mannar: The aooounta 3%verlSled by the atildavlt'ot the oontraotorthat it IS true and oorrecit, that the amount OS, work charged for has aotuallybeen perllormed, or the aotual amount OS stationery

and supplies have been delivered,and that the prl toes oharged la the aooount are in aooordanoe with the :- 

### 491

5 '&anorabLe

Hall II.

Logan, page 4 '. .~ , "The Saot that some m4mbem of ths aommlttee were to b6 private oltlzensdid not invalidatethe rssolutloa. The Legislature

was olearly empoweredto appoint a oommlttee wlth authorityto employ all outsidehelp or ' oounsel needed to aooompllshthe purpose8oS the proposed lnvestlgatloa and inquiry. Just as olearlywas the Legislatureauthorizedto oreate a ooamlsslon OS nonmembersto lavestlgata all aatters or taxationreSerred to in the rssolutloa~~and to report findingsand reoommendatlons

to a subsequentsssslon oS the Leglslatore
. ..Wo less eSSeot should ba given to the designat$on oS outside experts by the Governor,by direotlonor~the Legislature,

than would be given to their designation dlreotlp by the Legislature, or its committeeduly auXhorlaed. Viewing the resolutionas a whole, in the light OS ltrr

obvious intent, it.provlded Sor a oommlttea whloh the Leglalatore was authorizedto oreabe in the exaralss 0s its oonstltutlonal leglslatlve

power.
I’ *It is no longer an open question in Texas that a joint resolutionOS both houses, approvedby the Governor, rerleots the oommand and will of the state in one oS the modes prssorlbedby ths Oonstltutlon, and is as bindlag as a statute. Slaoe the Tax Survey Comatittee was to Sunotlon only temporarlIy, a resolutionOS both houses, approved by the Oovemor,~was thd &at appropriate method by whlsh to oreate the ooamlbteeand darlne its duties 'and rinan00 its operations.

. ." i Under the lmplioatioas OS this oasa, we Se61 that the ': Postwar

IlOoaomlo

Planning Commission is not a mere private organl- .' Ution bearing-theendorsementoS ,the Legislature

and oS the Gov1 iraor; rather,

we reel, ths Commission is a regula~rly oreated ' @enuy oS the State, exlstlagby virtue oS the State and exerolsj:.h powers oonierredupon it by the State.

With reiereaoe to the method ot handlingprinting asoounts, : Ml016 615 V.A.O.S., plVVid48:

### 492

iiosomble

Hall B. Wean, page 5

stipulations

oS the oontract. The aooount shall be aooompanled

by a 8+3IplS OS the.WOrk done, and a reaslpt from the departiuant o whlah the goolcware **de** livered. The aooount shall **be** examinedby..the ChieS or the Division OS Publlo PriUtlng, and,when oertlrled by hIa as oorreot, spprorad by the dlapartm& to whloh deliverywas made. After hawing bean bhus examIns and approved, tha boniptroller shaU issue his warraht for gaymont 

### 0r aoeount out of r-8 **ap** propriatedfor that purpose.*
**Slno~** your CominIsslon reoelvee no approprlatlon, it wIli be lmpossIbleSor tha exaot terms of hrtlole 615 to be SolIswad In the.proauremeat OS your printing supplies. Ia our opinion this Saot does not prevent the OosnnImifon: rroln a.r~lllng

it- : Srlr OS State oontraots,and the dlSSioulty may be ovlated by having the epprovqd aooounts subtitted to the Cormaisslcm and by having paymsatsmade d+sotly by it.

wb are Trusting that the SoregoIngSully answersyour inquiry,

Youta very truly,
ATTORREY GIBERAL OF TEXAS

By~~-k-,-&&?

R. Dean Hoorhead Assistant

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