TEEA~TORNEY GENERAL 

OF TEXAS 

GERAID C, MANN 

AUSTIN 11. TEXAS 

Honorable I. Predeckl 

Cbunty Auditor 

Gklveston County 

Galveston, Texas 

Dear Sir: Opinioti NO. o-2883 

Re: AuthoMtjr of county to i?endeF financial 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 

to be appropriated and included in the 1941%~~ 

of $50.00 per month effective January 1st 

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 Infantry, 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 deposited 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 Auditor with power to act. 

~"Since this Company, as I understand, will 

leave Galveston for service on December 4th, 1940, 
Honorable 1, Preaeckl, page 2 

and that they will be away from here for about a 

.-_- . . 

O-2883 

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 counties, 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 Internatlonal 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 remaining months of the year. 
Honorable I. Predeckl, Page 3 o-2883 

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