. _.%_.._ R-82 

Feb. 26, 1947 

Hon. L, A. Woods 

State Superintendent of 

Public Instruction 

Austin, Texas 

Opinion No. V-50 

Re: Authority to pay the travcling expenses of Dr. Archie 

Jones, a professor at the 

University of Texas, from 

the contingent expenses provided for the expense of the 

Texas School of the Air, for 

making recorded lessons to 

be used in the public schools. 

Dear Sir: 

Your request for an opinion upon the above titled subject is 

as follows: 

“‘Item 40 of the appropriation bill of the State Department of Education for tie bi,ennium 1945-1947 provides for centingent expenses for ta+ Texas Scheol of 

the Air, recorded lessons, maintenance,. printing, and 

office expense in the amount of $12,500.00. In the 

preparation of the recorded lessens which are broadcast over the Texas School of the Air it is necessary 

for persons to travel to the places where these records are made. The cost of this travel of persons 

participating in the creation of these records is considered part of the cost of making the records. The 

TeXas School of the Air is a cooperative responsibility 

of the Texas University, A & M. College, North Texas 

Stats Teachers College, and the Texas State College 

for Women - each institution originating one or more 

of the series of programs which constitute the Texas 

School of the Air, whose direction vested in the State 

Department of Education. The University of Texas 

ori inates two of these programs - one is MUSIC IS 

YO 8 RS. In the production of the latter series of radio 

broadcasts, Dr. Archie Jones, Professor of Music of 

the University of Texas, is master of ceremonies. 

The series at the present time is broadcasting musical efforts of a Capella choirs, orchestras, bands, etc. 

from the various public colleges and high schools of 

the State. 
Hon. L. A. Woods - Page 2 Opinion No. V-50 

“It is necessary for Dr. Jones to travel to these 

institutions to participate and produce records that 

are broadcast as a part of the Texas School of the 

Air that is directed into the classrooms of the Texas 

Public Schools. 

“The above explanation is given to show that 

the travel expense of Dr. Archie Jones is a necessary cost in the production of these musical radio 

programs. The Comptroller has so recoglniaed this 

as a legitimate cost until your Department ruled to 

the contrary in an opinion given to some other Department of Government within the State. 

“Question: Can the traveling expenses of Dr. 

Archie Jones be paid frbm the contingent expenses 

provided for the expense of the Texas School of the 

Air for making recorded lessons, as it is necessary for him to be present at the time that the records are made 7 ” 

Item 40 of the appropriation for the State Department of 

Education for the current biennium ie aa follows: 

“Contingent expense fo,r the Texas School of 

the Air, recorded lesrons, maintenance, prtiting, 

and office expense, $12,500.00.” 

It is our opinion thrt this item constitutes a sufficient 

specific appropriation within the meanin of the Constitution, to 

authorize the travel expense of Dr. Archie Jones, under the facts 

stated by you. The express appropriation for *recorded lessons, 

maintenance for Texas School of the Air,” includes by necessary 

implication the further necessary expense of making such recorded lessons. It is a familiar saying in the law that what is necessarily implied in a writing is as much a part of the instrument as 

though it had been literally expressed. 

This case is easily distinguishable from our Opinion 

V-05, in respect to the sufficiency of the specific appropriation 

to authorize payment. 

SUMMARY 

(1) The travel expenses of one necesrarily required in makin records for the Texas School of the 

Air, may lawfully be paid from Item 40, of the current biennium appropriation, for the Department of 

Education. 
Hon. L. A. Woods - Page 3 Opinion No. V-50 

(2) “Contingent expenre for the Texas School 

of the Air, recorded lersons, maintenance.......... 

$12,500.00,” is sufficient as a specific appropriation. 

/ 

OS: l c m: a l 

Yom-3 truly, 

ATTORNEYGENERALOFTEXAS 

L&s&& 

Ocie S eer 

Assistant 

APPROVED FEB 25 1947 

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