THEAYTORNEYGENERAL 

OF TEXAS 

AUSTIN 11. TEXAS 

November 21, 1961 

Dr. J. W. Edgar 

Commissioner of Education 

Austin, Texas 

Opinion No. WW- 1195 

Re: Whether the phrase "participating in political 

affairs" used in Article 

2922-21a, Vernon's Civil 

Statutes, has reference 

to running and holding 

an office, or does it 

refer to campaigning for 

other candidates or both. 

Dear Dr. Edgar: 

We have received your request for an opinion as 

to whether the phrase "participating in political affairs" 

as used in Article 2922-21a, Vernon's Civil Statutes, 

includes running for and holding office, as well as 

campaigning for other candidates, or both. 

The Court, in Reardon v. 

602, 611, (1878), stated: 

State, 4 Tex. App. 

"The word participate is derived from 

two latin words, 'pars', meaning part, and 

'capiol, meaning to take; and hence it means 

to take part, to share in common with others." 

Words and Phrases, Volume 31, page 227, contains 

the following definition: 

"The word 'participate1 is not a word of 

art but a word in common usage, meaning to have 

a part in and to share the benefits of some 

action or situation involving other persons." 

Webster's International Dictionary, Second Edition, 

defines "political" as follows: 

"Of or pertaining to polity or politics, 

or the conduct of government, referring in the 

widest application to the judicial, executive, 

and legislative branches; of or pertaining to, 
Dr. J. W. Edgar, Page 2 (W-1195) 

or incidental to, the exercise of the functions 

vested in those charged with the conduct of 

govertment; relating to the management of affairs 

. . . 

II 

. . .OP or pertaining to those who 

make a business or profession of pol.itics, 

or politicians in their partisan activities; 

as, he is actuated by merely political motives." 

The same authority defines "politics" as: 

"Political affairs viewed as a profession, interest, or the like; as to enter 

politics, to discuss politics; the reformation of politics." 

!'Jebsterls International Dictionary, Second Edition, 

also defines "affair" as: 

I, 

done; ' ' 

.That which is done or is to be 

matter; concern; as, a difficult affa-Lr 

to manage; business of any kind, commercial, 

professional, or public; often in politics, 

as a man of affairs." 

In Walker v. United States, 93 F. 2d 383 (19x7), 

the court states that: 

"The word 'affairs' is an inclusive 

term, bringing within its scope and meaning 

anything that a person might do." 

Article 2022-21a, Section8, paragraph 4, Vernon's 

Civil Statutes, is quoted as followt: 

"NO school district, Board of Education, 

superintendent, assistant superintendent, principal, or other administrator shall directly or 

indirectly coerce any teacher to refrain from 

participating in political affairs in his 

community, state or nation." 

It is elementary that, in construing a statute, 

the intention of the Legislature enacting it must, if 

possible, be ascertained and carried into effect. In 

Cockrell v. Robinson, 149 N.E. 871, (1925), the Supreme 

Court of Ohio stated that: 

'In the construction of a statute, the 

primary duty of the court is to give effect to 

the intention of the Legislature enacting it. 

Such intention is to be sought in the language 
Dr. J. W. Edgar, Page 3 (WW- 11%) 

employed and the apparent purpose to be subserved, and such a construction adopted which 

permits the statute and its various parts to 

be construed as a whole and give effect to 

the paramount object to be attained." 

Thus, the question 

Legislature in enacting this 

here is the object of the 

statute which includes the 

phrase, "participating in political affairs." Since there 

is no restrictive language used in the section of the 

statute under consideration, it is obvious that the phrase 

is to be used in its broad sense and that it was the 

intention of the Legislature that the expression, "participating in political affairs" be all-inclusive and 

comprehensive in its application. If a school teacher 

should campaign for a person running for a public office 

and solicit money for political campaigns or organizations 

serving political causes, it would be highly inconsistent 

for the Legislature to say to the same person that he 

cannot serve as an officer of such political organization 

or run for a public office and vice versa. 

In United States v. Goldenberg, 168 U.S. 95, 

97, (1897), the court states that: 

"legislatures are presumed to know the 

meaning of words and rules of grammar." 

and in the case of State v. Cudahy Packing Co., 82 P. 

833, 837, (1905), the court said: 

"The intention of any legislation must 

be inferred in the first place from the plain 

meaning of the words used. If this intention 

can be so arrived at, the courts may not go 

furth;r and apply other means of interpretation 

. . . 

Again, in the case of Osterhold v. Boston & 

Montana C.C. & S. Mon. Co., 107 P. 499, 502 (1910), 

this court said: _. 

"It is not allowable. . .when the words 

have a definite and precise meaning, to go elsewhere in search of conjecture in order to restrict 

or extend their meaning. Statutes should be read 

and understood according to the natural and most 

obvious import of the language, without resorting 

to subtle and forced construction for the purpose 

of either limiting or extending their operation 

. . . 'A primary rule of construction is that the 
Dr. J. 1J. Edgar, Page 4 (NW- 11%) 

Legislature must be assumed to have meant 

precisely what the words of the law, as 

commonly understood import; and this may be 

said to be the fundamental and controlling 

rule of construction.'" 

Applying the above principles, it is clear that 

the words "participating in political affairs" are not 

technical words at all, and none of them have acquired a 

peculiar meaning in the law so they must be taken in their 

ordinary sense and with the meaning commonly given to 

them. The language used is plain, simple, and direct, and 

we think it construes itself. The words were used to 

convey but one meaning and that is that school teachers are 

not to be restrained from participating in any political 

affairs which would include running for and holding public 

office campaigning for others or any activity involved 

in the'orderly conduct of politics. 

There is no provision in Article 2922-21a, other 

than the one quoted above, or a provision in any other 

statute that we have been able to find, pertaining to 

politics or political action on the part of teachers in 

the public schools nor is there any history of such a 

statute regarding this subject in relation tc teachers. 

Therefore, we can find no justification whatsoever for 

limiting the meaning of the words "participating in political affairs" so as to exclude either running for or 

campaigning for other candidates. The words "political 

affairs," in their natural meaning would include any 

oolitical affair that a person might wish to enter in the 

>ield of politics whether the person wishes to vote in an 

election, campaign for others running for office, or run 

for office himself. It would be a forced construction of 

these :oords to limit their application to voting or 

campaigning for others and deny the right to run for office. 

Xe do not believe that any such conclusion was intended. 

Therefore, it is .svic?ent that the words "participating in political affairs" in this statute are being 

used in their usual sense and it is the opinion of this 

office that the phrase is broad enough to include running 

for and holding an office as well as campaigning for other 

candidates running for political. offices, there being 

nothing in the statute to restric~b this phrase. 

S U M M A R Y 

The phrase "participating in political affairs" 
Dr. J. W. Edgar, page 5 (IWW- 1195) 

as usecl in Article 2922-21a, Vernon's Civil 

Statute is broad enough to include running 

for and holding - nolitical _ office as well 

campaigning for other candidates running 

political ofl"ice, there being nothing in 

statute to restrict this phrase. 

as 

3?or 

the 

WILL WILSON .". 

By Lola Barron Wilcox 

Assistant 

1BW:kh 

APPROVED: 

OPINION COMXITTEE 

W. V. Geppert, Chairman 

Fary K. IGall 

bJ. Ray Scruggs 

W. 0. Shultz 

Bob Shannon 

REVIEUED FOR THE ATTORNEY GENERAL 

By: Houghton Brownlee