THE A4~~~~~ GENERAL
OF TEXAS
HoriorableGeorge H. Sheppard
C!&nptroller-'of
Public Accounts
Austin, Texas
Dear Sir: Opinion No. O-2211
Re: Whetheti'membershlpdullsin the
N%itionalGuava 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'bjmetibershipin the National Guard Associatiorlof
the~~UnltedK?tat&s. In connection with the reqiiestyou 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'sk duly elected and authorized
coinmltteesare 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. ~'TheCommittees of the Natlonel Guard
Association are also the points of liaison be-
tween the military forces of each State and the
NatioiialDefense 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-
. .
Honorable George H. Sheppard, page 2 o-2211
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~hState to organize the various units of
the National Guard, and to h-ouseand 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 Assotiiatlonare furnished with the
information and recommendations of the various
committees. For example, no~longer ttianthree
weeks ago The Adjutant General,of Texas was
celled before the Senate Military Affair'sCom-
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, insa 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
Honorable George H. Sheppard, page 3 o-2211
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
$47,460'.00to the Adjutant General's Department for "General
Maintenance, Traveling Expenses,~Bond Premiums, Extra Help; end
other Necessary Expense." That appropriation is only one among
many other items allowed that department for specific offices,
positFons and purposes. From a reedlng of the facts tendered
torus in connection with your request, the desirability of mem-
bership In the National Guard'Assoclation is most apparent.
Indeed; It seems to be necessary in an effort to achieve some
cooperation between the National Guard of this State and cor-
responding units of the other states in the Union. Present con-
ditions serve to emphasize the need of such cooperation. At the
time-~theappropriations bill was handed to the Governor for
signature, it contained an appropriation off$l,OOO.OO for "Rifle
team fees, equipment, travel end National Guard Association
dues." The Governor vetoed that item. We~~regerdthe 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
Adjutant General's Department b that amount, but some of the
purposes for which said sum of i l,OOO.OO could have been used
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.
- .
Honorable George H. Sheppard, page 4 o-2211
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