Case Information
*1 GENERAL THE A4~~~~~ OF TEXAS Horiorable George H. Sheppard
C!&nptroller-'of Public Accounts
Austin, Texas Opinion No. O-2211
Dear Sir: Re: Whetheti'membershlp dulls in the N%itional Guava Assbclation may be paid but of approprlatibn ~td the Adjutant General's Department.
In your letter of April 11, 1940; you request our opinion as to whether the sum of $333.001 may be paid crut; of th&approp?latlon to the Adjutant General's DepartmenYfoz' the current year'bj metibership in the National Guard Associatiorl of the~~UnltedK?tat&s. In connection with the reqiiest you submit to iis.certalti facts furnished @u by the Adjutant General of Texas, Honorable J. Watt Page, as f~ollows:
"The National Guarc~ Associatlbn is the deliberative body-of the National Guard of all the States. It largely determines .the policy of the States' armed forces In connection with problems concernin the National Defense. Its (the Association's k duly elected and authorized coinmlttees are called upon, by the Military Afalrs Committees of the Senate ad the House bf the United States Congress, to help thos@ Cbmmlttees in determining laws and appropriations concerntng the'NatiWa1 Defense, and the func- tions of the National Guard In connection there- with. ~'The Committees of the Natlonel Guard Association are also the points of liaison be- tween the military forces of each State and the Natioiial Defense agencies of the Government; such as the National Guard Bureau and the War Department.
"The Association WAS formed in 1878. Its membership includes the 48 States of the United States and the District of Columbia, and the terrXtorles of Hawaii and Porto Rico. This organlzatitin, through Its various cijm- mlttees, makes a detailed study of the various materials and equipment, such as guns, cloth- *2 . ing, transportation, et cetera, needed for
use by the various units of the National Guard,
in order to make the National Guard an integral
and efficient unit of a well-balhnced scheme
for the National Defense. The National Guard
Association Is now making a study of the-~mang
problems affectlngthe.National Guard/caused by the present European War situation, necessitat-- ing by this country increased training programs, and the expansion of the National Guard and the
reorganization of many of its units in order
that the Guard shall be a part of an efficient
fighting force If called upon: Although the-'
Federal Government furnishes equipment and pays
the men when in training, it remains the duty
of eaE~h State to organize the various units of the National Guard, and to h-ouse and train the .~ men. As stated above, the National“Guard Assocla- tion makesa study of the various-factors re- lating to all of these problems, and the mem-
bers of the Assotiiatlon are furnished with the
information and recommendations of the various
committees. For example, no~longer ttian three
weeks ago The Adjutant General,of Texas was
celled before the Senate Military Affair's Com- mfttee of Congress in Washington; D.C., along
with Committee members of the National Guard Association, to discuss changes in the Natlon-
al Defense Act.
"The State of Texas must be familiar with the many problems of the various units ~of
the National Guard throughout the Uhitea States.
Should a National emergency arlse, all National
Guard units will be united together for a com-
mon purpose, the National Defense. 'By being a
member of the National Guard Association, the
Adjutant General of Texas is advfsed as to the
many problems affecting the various units of the National Guard in every State and the State
Military forces are, therefore, ins a positlon to better cooperate with the other States In time
of National emergency. The dues are levied at
the rate of $3.00 per each~l00 men, or major
fraction thereof, in the National Guard. The National Guard of Texas has a total enlisted and commissioned strength of'l1,378.
"It is of vital importance to the National Guard of Texas to have information which is
gathered end disseminated by the National Guard Association, concerning increased training pro- grams, expansion of the various units, and var- ious reorganization problems. It is esseiitial, further, that The Adjutant General of Texas be famillar'with~training and housing problems of other States, In order that he may-‘properly and correctly train and house the National". Guard of Texas. As e member of the Association he has the benefit of detailed studies made by the Assoclatlon with respect to the use of var- lous types of equipment used in the Army and In the Guard. The importance of membership in this orgenizatlon Is manifestwhen It is realized that every State of the Union, as well as the District of Columbia, and the terrltorles of Hawaii and Porto RICO, are members."
The 46th Legislature made an appropriation of $47,460'.00 to the Adjutant General's Department for "General Maintenance, Traveling Expenses,~Bond Premiums, Extra Help; end other Necessary Expense." That appropriation is only one among many other items allowed that department for specific offices, positFons and purposes. From a reedlng of the facts tendered torus in connection with your request, the desirability of mem- bership In the National Guard'Assoclation is most apparent.
Indeed; It seems to be necessary in an effort to achieve some cooperation between the National Guard of this State and cor- responding units of the other states in the Union. Present con- ditions serve to emphasize the need of such cooperation. At the time-~the appropriations bill was handed to the Governor for signature, it contained an appropriation off$l,OOO.OO for "Rifle team fees, equipment, travel end National Guard Association dues." The Governor vetoed that item. We~~regerd the approprla- tion of $l,OOO.OO as'having been to a certain extent a duplice- tlon of the appropriation of $47,460.00. The veto of the $1,000 Item had the effect of decreasing the appropriation to the that amount, but some of the Adjutant General's Department b purposes for which said sum of l,OOO.OO could have been used i are also purposes within the appropriation of $47,460.00.
It is our opinion that the dues which you mention are necessary expenses within the item of appropriation in the sum of $47,460.00, and may be paid out of the same.
- Yours very truly ATTORNEY GENERAL OF TEXAS By skGlenn R. Lewis Glenn R. Lewis Assistant GRL:GO:wc
APPROVED APR 23, 1940
s/Gerald C. Mann
ATTORNEYGENERAL OF TEXAS
Approved Opinion Committee By s/EWB Chairman