Texas Attorney General Opinion: MW-552 Page: 4 of 6
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Honorable Robert Salinas - Page 4
language of the laws specifying the powers and duties of the Texas
State Board of Health in the protection of the health and welfare of
the people...." (Emphasis added).
The attorney general did not there say that the term "industrial
establishments" included all such places; he indicated that the board
of health possessed broad survey powers notwithstanding the limited
scope of that term. In State v. Smith, 111 S.W.2d 513, 515 (Mo.
1938), the Missouri Supreme Court observed:
The ordinarily accepted use of the phrase
'commercial establishment' denotes a place where
commodities are exchanged, bought or sold, while
the ordinarily accepted meaning of the phrase
'industrial establishment' denotes a place of
business 'which employs much labor and capital and
is a distinct branch of trade; as the sugar
industry.' Webster's New International
Dictionary. (Emphasis added).
The definition of "industrial" used in Attorney General Opinion
V-227 (1947) and thereafter adopted by the health regulation as its
"industrial establishment" definition was taken from the case of
Louisville and N.R.Company v. Fulgham, 8 So. 803 (Ala. 1891), as
annotated in Words and Phrases. That case considered a statute which
allowed railroads to give special rates to "aid in the development of
any industrial enterprise in this state." The court said: "It cannot
be disputed that 'industrial enterprises' includes all kinds of
manufacturing. Mr. Worcester defines 'industrial' as relating to
manufactures or to the product of industry or labor." Id., at 804.
Since the plaintiff was a miller engaged in "the manufacture of corn
into meal," the court held he was entitled to special rates. In North
Whittier Heights Citrus Association v. National Labor Relations Board,
109 F.2d 76 (9th Cir. 1940), the court observed at 80:
Industrial activity commonly means the
treatment or processing of raw products in
factories. When the product of the soil leaves
the farmer, as such, and enters a factory for
processing and marketing it has entered upon the
status of 'industry'.
Cf. Maryland Casualty Company v. Dobbs, 70 S.W.2d 751 (Tex. Civ. App.
- San Antonio 1934, writ dism'd) (one employed by company engaged to
spray orchards for insects not a farm laborer). In Wayland v. Kleck,
112 P.2d 207 (Ariz. 1941), the Supreme Court of Arizona noted at 209:
[M]any activities connected with the preparation
of farm products for use or sale which formerly
were carried on upon the farm or in intimatep. 2014
(MW-552)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: MW-552, text, December 31, 1982; (https://texashistory.unt.edu/ark:/67531/metapth272398/m1/4/: accessed May 6, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.