word 'equip' says: "To furnishfor service,or againsta need or exi- gency;to fit out;.:to supplywith whstever is necessary to efficientaction in any way; to providewith arms or an armament,stores,munitions,riggingand the like; - said especiallyof ships or of troops' Bow if the rigging of a ship is equipment,why not desks,rostrums,ventilating fans end devices,tubularfire esoapes,and many other articlesused in outfittinga schoolhousebe calledequipment? Hon. T. M. Trimble, Page 3 to-1075)
In fact, it is common knowledgethat all of these articles are called equipment,and yet when they are once installed they become parts of the building. They are::~ all 'lienable articles'when being consideredin connectionwith liens of mechanicsand materielmenfor the oonatructionof buildings. Dictionariesoften fell behind the times. Stereotypedefini- tions grow old. While the lexicographers of the past may have enumeratedend assembledcategoriesof a.ctiolea to illustratea meaning,yet after thefx having done so, we have no reason to supposethat the categorieswere e&heusted. In determiningwhat is 'equipment' we should have clearlyin mind the subject which is being equipped. In this oese it was a schoolhouse,and we think a school- house would be In modern times incompletewithoutmany of these things commonlytermed 'equipment.' In our opinion the expression,I the ereotion,alterationor improvement of such buildinga~(schoolbuildings),would fairly Include many thingswhich are commonlycalled 'equigmhnt, ' and that the recite1 in the bond did not neoeraarilyImply that the districtwan intendingto une the procesds of the sala of the bonds for purposesunauthorizedby law. . . ." Midland School DistrictVI. Central Truet Co. 1 Fed. (2d) 124, CircuitCourt of Appesls,Eigh~Lh.Cfrouit.
We thus come to the questionpropoundedby.you:
'%lhst is meant by the phrase, 'purchasing school and gymnasiumequipment?"' We are of the opinionthatthemaaningof this term inoludesthe purchase _ of those articlesthat are usual and necessaryin the properand effeoient managementof a school of a class and kind es that in question,i. e., maps, globes,furnitureand fixtureswithin the schoolbuildingproper and basket ball back-bcsrds,basketball goals,etc. for the gymnasium, shower bath equipmentfor showers,lockersfor the schoolbuildingand for the dressingrooms of the gymnasium,and suche4uipmant as is necessary on the outsideof the buildingor buildingsin questionas is right for the properadministration, instructionend the supervisionof the recreationof the childrenthus attending.
Yours very truly APPROVEDOPINIONCOMMITTEE BY T. D. R. CHAIRMAN ATTOFCiEYGENERALOF TEXAS s/ Gee. S. Berry APPROVEDAUG. 3, 1939 s/ GmALD c. l"imi ATTORNEYGBNEBU OF TEXAS BY Geo~:A. Berry Assistant CBB:n/ ldw