Texas Attorney General Opinion: V-110 Page: 3 of 6
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Hon. Jop 8, Puller - Page 3 V-10
A2ain in Rea eV. (Dallas O Ao 1919)
208 8.0 W 213, error 4 e, was held that tte
Caisitoaonea Court in oontaontig for the oCWstrution
of a eoarthouse cannot make the oontraotor i~ agent
with authority to parcel out the contract to others and
thereby release the contractors from all ls1Ity.
Such action was void beeauee it delegated to others the
court's powers of passing on the ofntract.o
And the Supreme Court in rlo to.P..
Co9 . t (1888) 71 Tex. 99, 8 8IW. 6i y, ir* rti
county omPdesioners' court mt themselves select such
agents as may be necessary to assist them in the dis-
charge of their functions when swh agents eteroase
Judgment and 4iseretion in porfomance of the work as-
signed to them; te duty of aaktsg the seleetone should
not be delegate ; and a oustem to the eatrary would be
unreasonable an4 not binding.
e fta d no authority n the law for a Coats-
sioners' Court to enter a oolleotive bargaining contract
or to delegate any of its le1al dutes to an aeel*ation
or union to help stoesiur n who shall be eaployet, and
the various cotemplated proviates regul latng such em-
ploymeato
In the oase of 0p!so 0 gjC Ean-
izotionD Vf ClU7T of DI6 aY
. 14j 4 ,(rror frQ 8* by the 8U pream Court),
the Dallas Court of COtil Appeals lt:
o o oit should be understot at the be-
ginning that the satus of g g il
naplg e, att.al, State 4 Mla&lftpa
is ra really different trca that Ot e-
ployee JA pivate busiasee or laGaRatry.
This distliaettn has fpeatedly boa to
oognises s lagfslation, sut as the
National elat ons Aot by the O~a eoe.
Title 29 U.olo.A. oh. 7, I 19 2 pt de
that the Act shall have na ploaties
to either Irral, State e uor Leggl
"Is this conneotton wse to et *aoe
it inappropriate to quote the late Sr 4-
dent Roosvelt as no one san tat uyh
say he weeas in any sense inialoa te Latr
In a etter to the National T~edeati~] -
Federal Ployt9 esr, dated August 16, 1?7,41 . JL
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-110, text, March 28, 1947; (https://texashistory.unt.edu/ark:/67531/metapth264930/m1/3/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.