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?endeFfinancial assistande to Nation&I Guard if such guardunit is called into the United StatesArmy. Your letter of November 1, 1940, requesting our opinion on the question therein presented reads:

"OnAugust 

### 26th,1940,at a meeting of the Commissioners'Court called for the purpose of holding a hearing on the 

### 1941Budget, there came to the Court a comnunlcation from John 0; Clinton, Captain, 

### 143FdInfantry, commandingCompanyH, TexasNational Guard, togetherwith the PepoPt of the CountyAttorney quottng the lair(Article 5885 R.C.S.) which became effectiveMay lst, 1939, relative to an appropriation to the NatfonalGuard to pay the necessary expenses of the adndnistra; tiveunit, and on motion duly seconded and carried, the County Commlssioneps' Court authorized the sum to be appropriatedand included in the 1941%~~ of $50.00 per month effectiveJanuary 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 instructionswhereby the contribution of $50.00 per month referred to above, shall be mailed to the First National Bank ofGalveston to be deposited to the credit'of CompanyB, Texas National Guard, and on motion that was duly seconded and CarPIed, the Court referredthe matter to the CountyAuditor with power to act.

~"Since

this Company, as I understand,will leaveGalveston for service onDecember 4th, 1940,Honorable 1, Preaeckl,page 2

and that they will be away from here for about a

.-_- . . O-2883

year, 1 respectrullyask 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 violateArticle 5885 in vl.ew of the fact that theywill not be here during the period stated."

Artic'JB

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

"Eachcommissioners court and the council of any cityor town in this State are hereby authorized and empowered, in their discretion, to appropriatea 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 hundreddollars per month for such expenses of any one organization." (Underscoringours) 'Thewor3 "located" is defined by Webs,ter'sInternatlonal 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 passingArticle 5885, supra, contemplatedprovidingmeans by which the governing authorities of counties ana cities could render financialaid to their local National Guard units establishedand maintained within their particular localities. We do not believe the power to appropriategovernmental fundsprevailswhen 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.StatesArmy 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/LloydArmstrong Lloy&Armstrong Assistant
LR:AW:wc

APPROVED NOV 16, 1940 s/GeraldC. Mann ATTORNEYGENERAL OF TEXAS Approved Oplnton CommitteeBy s/R.W.F, Chalrman