their exercise,and such powersare not to be enlargedby construction." -- 34 Tex. JUT. p* 443, 1 68,
Now, themarbersof the Board of Bower ColoradoRiver Authorityare public officersof the State, and there is a specificprovisionthat they have the power (m) "to appointofficers,agents and employees,to prescribetheir duties and to fix their compensation."This being a vestitureof official powers in the Board as public officers,it followsthat they may not delegate such power to any other person,nor may they enter into any contractwith anotherperson that would or could abridgeor lessen in any way the exclusive power of the Board to performthe officialduties 'Gus expresslyentrusted to them. The Board may not enter intoa contractwith another,the effect of which would be in anywiseor to any extent to share with such other the exerciseof such officialduties. Hon. C. R. Pennington -P 3 (0-2613)
The provisionsof subdivisions(n) and (p) above quoted,with respectto the latitudeof contract,and other acts or thingsnecessaryor convenient to the exerciseof the powers,rights,privilegesof functionsconferred upon the Board cannot possiblybe construedso as to destroy,abrogateor lessenthe expresspower and duty-providedin subdivision(m) imposed exclusivelyupon the Board "to appointofficers,agentsand employees, toprescribek'theirdutiesand to fix their compensation"for this would be destructiveof that exclusivepower and not in aid of its exercise.
Public officersare requiredat all times to hold themselvesfree to exercisethe59 officialdiscretionwith respectto mattersentrustedto them up to the time they are called upon to act upon such matters,and any contractor agreementwhatsoever,which is calculatedto destroyor interferewith the free exerciseof that discretionof officersor boards in the performanceof their duties, is void as againstpublic policy. See 34 Tex. Jur. p. 454, 1 75.
"A contractmade by a public officer is againstpublic policyand void, if it interfemwith the unbiaseddischargeof his duty to the public in the exerciseof his office,ai if it places him in a position inconsistent with hls duty to the public,or even if it has a tendency to inducehim to violate'suchduty." -- 22 R. C. L. P. S. p. 460 1 121.
"All public officersare creaturesof law. The powers and duties of public officersare definedand limitedby law. Ry being definedand limitedby law, we mean the acts of a public officer must be expresslyauthorizedby law or impliedtherefrom; It follows from the above that public officersmay meke only such contractsfor the goveethey representas they are authorizedby law to make." I- Fort Worth CavalryClub vs. Sheppard,83 S. W. (2) 660.
We have nade a care&iistudy of the Act creatingthe Lower ColoradoRiver Authority,and fllndnothing thereinthat could be construed,even under the most liberalrules of construction, as authorizingthe Authorityto enter into a contractof the type of that proposedin the present case.
"It is -11 settled&st no governmentalagency can, by contractor otherwise,suspendor surrenderits functions,nor can it legally enter into any contract which will embarrpssor controlits legislative poweraand duties,or which amount to an abdicationthereof,PowersVS, City of Taylor (Tex.Corn.App.) @ S. W. (2) 520, and cases cited.
"To sustain such a contract as ia here claimedwould be in the face of that well recognizedrule and render impotentthe administrative control of the HighwayCommissionwith respectto the designation.location, relocation,abandonment,or discontinuance of roads formingpart of the State highway system."--