THEAYTORNEYGENERAL OF TEXAS
AUSTIN 11. TEXAS November 21, 1961

Dr. J. W. Edgar Commissionerof Education Austin, Texas OpinionNo. 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 candidatesor both.
Dear Dr. Edgar:

We have receivedyour request for an opinion as to whether the phrase "participatingin 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.

"Theword participate is derived from two latinwords, 'pars',meaningpart, and 'capiol,meaning to take; and hence it means to take part, to share in commonwith others." Words and Phrases,Volume 31, page 227, contains the following definition:

"Theword 'participate1is 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 InternationalDictionary, 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 legislativebranches; of or pertaining to,Dr. J. W. Edgar, Page 2 (W-1195)

or incidental to, the exercise of the functions vested in those chargedwith the conduct of govertment; relating to the management of affairs

. . .II

. . .OP or pertaining to thosewho make a business or professionof pol.itics, or politicians in theirpartisan activities; as, he is actuatedby merely politicalmotives." The same authoritydefines "politics"as: "Politicalaffairsviewed as a profession, interest, or the like;as to enter politics, to discuss politics; the reformation of politics." !'Jebsterls

InternationalDictionary, Second Edition, also defines "affair"as:

I, done; ' ' .Thatwhich is done or is to be matter; concern;as, a difficultaffa-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:

"Theword 'affairs'is an inclusive term, bringingwithin its scope and meaning anything that a personmight do." Article 2022-21a, Section8,paragraph 4, Vernon's Civil Statutes, is quoted as followt:

"NO schooldistrict,Board of Education, superintendent,assistant superintendent,principal, or other administrator shalldirectly or indirectly coerce any teacher to refrain from participating in political affairs in his community, state or nation."
It is elementary that, in construinga statute, the intentionof the Legislature enacting it must, if possible,be ascertainedand carried into effect. In Cockrell v. Robinson, 149 N.E. 871, (1925),the Supreme Court of Ohio stated that:

'In the constructionof a statute, the primary duty of the court is to give effect to the intentionof the Legislatureenacting it. Such intention is to be sought in the languageDr. J. W. Edgar, Page 3 (WW- 11%)
employed and the apparentpurpose to be subserved,and such a constructionadoptedwhich 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 thishere is the object of the statutewhich includes the phrase, "participatingin politicalaffairs." Since there is no restrictive languageused 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 comprehensivein its application. If a school teacher should campaign for a person running for a public office and solicitmoney for political campaignsor organizations servingpolitical causes, it would be highly inconsistent for the Legislature to say to the same person that he cannot serve as an officer of suchpolitical 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:

"legislaturesare presumed to know the meaning of words and rules of grammar." and in the case of State v. Cudahy PackingCo., 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 Osterholdv. Boston & Montana C.C. & S. Mon. Co., 107 P.499, 502 (1910), this court said: _.

"It is not allowable.

. .whenthe words have a definite and precisemeaning, to go elsewhere in search of conjecture in order to restrict or extend theirmeaning. Statutes shouldbe 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

. . .'Aprimary rule of construction is that theDr. J. 1J.Edgar, Page 4 (NW- 11%)
Legislaturemust be assumed to have meant preciselywhat thewords of the law, as commonly understood import; and this may be said to be the fundamentaland controlling rule of construction.'" Applying the above principles, it is clear that the words "participatingin political affairs" are not technicalwords at all, and none of them have acquired a peculiarmeaning in the law so they must be taken in their ordinary sense and with the meaning commonlygiven to them. The languageused is plain, simple, and direct, and we think it construes itself. The words were used to conveybut 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 campaigningfor 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 thatwe have been able to find, pertaining to politics or political action on the part of teachers in the public schoolsnor is there any history of such a statute regarding this subject in relation tc teachers. Therefore,we can find no justificationwhatsoever for limiting the meaning of the words "participatingin political affairs" so as to exclude either running for or campaigning for other candidates. The words "political affairs," in their natural meaningwould include any oolitical affair that a person might wish to enter in the >ield of politicswhether the person wishes to vote in an election, campaign for others running for office, or run for office himself. It would be a forced constructionof these :oordsto limit their application to voting or campaigning for others and deny the right to run for office. Xe do not believe that any such conclusionwas 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 candidatesrunning for political. offices, therebeing nothing in the statute to restric~b thisphrase. S U M M A R Y The phrase "participatingin 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: OPINIONCOMXITTEE W. V. Geppert, Chairman Fary K. IGall bJ. Ray Scruggs W. 0. Shultz Bob Shannon REVIEUED FOR THE ATTORNEY GENERAL By: Houghton Brownlee