Case Information

*1 TEEA~TORNEY GENERAL OF TEXAS 11. TEXAS AUSTIN

GERAID C, MANN

Honorable I. Predeckl

Cbunty Auditor

Gklveston County Galveston, Texas

Dear Sir: Opinioti NO.

Re: AuthoMtjr of county to i?endeF fi- nancial assistande to Nation&I Guard if such guard unit is called into the United States Army.

Your letter of November 1, 1940, requesting our opinion on the question therein presented reads:

"On August 26th, 1940, at a meeting of the Commissioners' Court called for the purpose of holding a hearing on the 1941 Budget, there came to the Court a comnunlcation from John 0; Clinton, Captain, 143Fd Infantry, commanding Company H, Texas National Guard, together with the PepoPt of the County Attorney quottng the lair (Article 5885 R.C.S.) which became effective May lst, 1939, relative to an appropriation to the Natfonal Guard to pay the necessary expenses of the adndnistra; tive unit, and on motion duly seconded and carried, the County Commlssioneps' Court authorized the sum of $50.00 per month effective January 1st

to be appropriated and included in the 1941%~~ get. This amount, of course, to be paid out of the General Fund of the County.

"On October 22na, 1940, a comrnunicatlon was received from John 0. Clinton of the 143rd Infan- try, requesting the Court to issue the necessary instructions whereby the contribution of $50.00 per month referred to above, shall be mailed to the First National Bank of Galveston to be deposit- ed to the credit'of Company B, Texas National Guard, and on motion that was duly seconded and CarPIed, the Court referredthe matter to the County Audi- tor with power to act.

~"Since this Company, as I understand, will leave Galveston for service on December 4th, 1940, *2 Honorable 1, Preaeckl, page 2 O-2883

and that they will be away from here for about a .-_- . . year, 1 respectrully ask your oplnlon as to my

authority to sign a warrant and deliver same to the First National Bank of Galveston as requested, and does this request violate Article 5885 in vl.ew of the fact that they will not be here during the period stated."

Artic'JB 5885 of the Revised Civil Statutes of Texas, .925, reads:

"Each commissioners court and the council of any cityor town in this State are hereby authorized and empowered, in their discretion, to appropriate a sufficient sum; not otherwlse appropriated;to pay the necessary expenses of, the troops, batteries, companies, signal corps, hospital corps and bands of the active militia of this State located in their respective coun- ties, cities or towns, not to exceed the sum of one hundred dollars per month for such expenses of any one organization." (Underscoring ours)

'The wor3 "located" is defined by Webs,ter's Internatlon- al Dictionary:

"To establish in a certain place" or "to settle in a certain place."

"Locate" is deftned:

~'To designate the cite or place of,' We believe the Legislature in passing Article 5885, supra, contemplated providing means by which the governing authorities of counties ana cities could render financial aid to their local National Guard units established and maintained within their particular localities. We do not believe the power to appropriate governmental funds prevails when the unit for which such appropriation Is made is called into the United States Army.

If, therefore, the unit for which the Item of $50.00 per month is included In your 1941 Budget has been removed frbm your county by January 1, 1941, you should not issue your warrant for such Item. If such unit is thereafter released from the United.States Army during the year 1941 and returns to your county, you would be'authorized to resume payment for the remain- ing months of the year.

Honorable I. Predeckl, Page 3

Yours very truly ATTORNEY GENERAL OF TEXAS By s/Lloyd Armstrong Lloy& Armstrong Assistant

LR:AW:wc

APPROVED NOV 16, 1940

s/Gerald C. Mann

ATTORNEYGENERAL OF TEXAS

Approved Oplnton Committee By s/R.W.F, Chalrman