Case Information
*1 OFFICE OF THE ATTORNEY GENERAL TEXAE AU87’IN
Article 6l& Revised Civil Statutea of Texaa,~l925, wari originally parned by the Thirty-fifth Legislature at its Third Called Seesiou in 1917. Aa oodified said article reads 88 rollowB:
Whenever a stste oi war shsll exlat between the United States and another fiatlOu there may be 0rgagized au4 nalntalned without expense to this State, with the ooumnt and under the directlou of the oouuty judge of any oouuty, a Houe Guard oomposed of adult oitizeus of the United States ,and of, such aouatp. Suoh Guaxdshall be organized to oo&onn aa nearly .as praotidalili$ to the orgauicatloa of military units, and ohall at all times be subjeot to 0101 to duty am3 to ardsrs of the sha2iff of suoh Oouaty. Eaoh Guard &mll.be authorisedto oarrg ;on and about his person pistols end other weapons as may be.neoessary whan called to aotual duty by the shoriffi Couaties, cities and towns may through their lawful governing bodior appro- priate tram thair public treasuries moneys to pzoride aran asmunition for suoh Guard under, ruah~rulea as thsyw presoribe, and those reoeiving arti~fronthe county shall return all 'xuns and ammunition to the eouuty Jud6te rheu on autyr~ 8~ah'oroard may engage in drill it Guoh tills not Ma plaoe.ar the oontuuuity offloers rpa~ prescribe, stud be uniforrued 80 as not .to oonfllot.rith Seotlon 125, may Aot of Cougress~, approYed Juno :3, ~916,,"
The Texae D&sues Guard kot of &Ls found ~3.n Vernon*s Annotnted Clvih Statutes as Artiole 589la. It la oiiioially'published as Chapter.9, p.'l7 of the Gsusral and Speoial Laws of the Forty-aeventli Regular Sesriou, Legislature, 104.l. We'wi~ll not here quote at length' from the aotrlncre that part ahmu l.u your letter 18 deemed sufrioieut to mm~ife#t the purpose and authority of the Texas Def+ie Guard, but will oonteut ourselves tith a potion of the emargeaoy olauser
~931s taot that' the regularly ocmrtitute'd Rational Guard of the Stats of ~Texas la ~uew in aotiye Federal ssrrioe by presldsutlal order, mud the Sta,$e i(l Mthout troopa that may be uaa@.~fm $hs pre- adequate orgtxtized vention of oitil distmfbanees, riots, sabetags, aud other forms or dl6turbauoen~ aud.furCher thst;ths National Defense A6t has been amended by Gongread.authoriziug the creation of Defe e Guards in the various States, and the : B isaulug neoeimary,regulati~s pertaining Seoretary o*.WarT their&o; and the furthar faot that nit$out this Ast th4 State of Texaa la .mable to aeaura emus, eqUipant,, aad other itam or gorernmqt property for Defsnaa Guard without the passagd of~this ambling legislation, qrsata an amer~aaoy~~w etc.
It Is a gsseral rule of statutory osnstruotion that a general repealing slausb suoh as is ooltainsd in Ssotiou 14 0r the Texas rmrt3n80 Guard Aot or 194l will not opsrats to afreot a prior- statute unless there axe pro~ialons that are inoousiatent with, or rqmgnent to, the tams of the later statuts. See 39 Tex. Jam. 131, 800. 681 Oaddes Y. Terrell, 101 Tex. 574, 110 S.W. 429; Johnson Y. Fer&umn, (Tsx.Gi~.
App., writ dississsd) 55 S.W. (2dw) 153.
The Home Guard, authorissd by Art1 c 6l44, aupra, is a oounty unit, subfeot to the orders of t hT 'iishssitt of thr ootlnty . It is striotly a losal organiestion, dependent upon sounties, oitiss ssd towus tm sustenanoe support.
The Texas Defense Guard is essentially a State orgaul- ration; subject to the oomand of the Gooeruru:~ot the State, and ssrves in lisuof the Texas National Guar&rhile that orgaui- sation Is in Federal servioe.
We respeotiully suswsr your.questiou is the negative. Yours very truly . ATTORNBY GENERAL TEXAS BY (SignMa) B~J~s~~~ @PROVED JASL t5,19&2
(Sigmd)~GROVE.?? SELLERS
FIRSTASSISTANTATTORREYGERblUL
BWrGO
APPROVED OPIRIOR coMmTTx By B.W.B. Chaimnas