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255 Honorable Tame es E. KLlday, Page 4 The only remaining question is a question of fact; i.e., whether the persons named la the order were named for the purpose of having them actually pe ra the duties of inspectors and whether they will actually perform these duties. If they actually perform the duties of inspectors, and if this is the real reason for their appointment, then they are entitled to claim the benefit of the exception in the anti-pass statute, Article 4006, Vernon's Annotated Civil Statutes, as amended. We presume from ~tat you state in ysor letter that these persons were named by the Railroad Coisalsion to fill a real need for additional inspetors, that the purpose of appointing them was to have them perform the work of inspeo- tors is addition to their otherwork, ana that they will actually perform the duties of inspectors. Under these assumed tats, it is our opinion that the persons so designated as inspectors will be entitled to olaim the benefit of the excep- tion in Article 4006, as amended, so long as they are performing the duties of inspectors. Very truly yours ATTORNEY GENERAL OF TEXAS James P. Hart ASSISTANT APPROVEDOCT 2, 19,9 ATTORNEY GENERAL OF TEXAS