OFFICE OF THE ATTORNEY GENERAL OF TEXAE 

AU87’IN 
Honorable J. Watt Page, page 2 

Article 6l& Revised Civil Statutea of Texaa,~l925, 

wari originally parned by the Thirty-fifth Legislature at its 

Third Called Seesiou in 1917. Aa oodified said article reads 

88 rollowB: 

Whenever a stste oi war shsll exlat between the 

United States and another fiatlOu there may be 0rgagized au4 

nalntalned without expense to this State, with the ooumnt 

and under the directlou of the oouuty judge of any oouuty, 

a Houe Guard oomposed of adult oitizeus of the United 

States ,and of, such aouatp. Suoh Guaxdshall be organized 

to oo&onn aa nearly .as praotidalili$ tothe orgauicatloa 

of military units, and ohall at all times be subjeot to 

0101 to duty am3 to ardsrs of the sha2iff of suoh Oouaty. 

Eaoh Guard &mll.be authorisedto oarrg ;on and about his 

person pistols end other weapons as may be.neoessary whan 

called to aotual duty by the shoriffi Couaties, cities 

and towns may through their lawful governing bodior appropriate tram thair public treasuries moneys to pzoride aran 

and asmunition for suoh Guard under, ruah~rulea as thsyw 

presoribe, and those reoeiving arti~fronthe county shall 

return all 'xuns and ammunition to the eouuty Jud6te rheu 

not 

Ma 

may 

Aot 

on autyr~ 8~ah'oroard may engage in drill it Guoh tills 

plaoe.ar the oontuuuity offloers rpa~ prescribe, stud 

be uniforrued 80 as not .to oonfllot.rith Seotlon 125, 

of Cougress~, approYed Juno :3, ~916,," 

The Texae D&sues Guard kot of &Ls found ~3.n 

Vernon*s Annotnted Clvih Statutes as Artiole 589la. It la 

oiiioially'published as Chapter.9, p.'l7 of the Gsusral and 

Speoial Laws of the Forty-aeventli Legislature, Regular Sesriou, 

104.l. We'wi~ll not here quote at length' from the aotrlncre 

that part ahmu l.u your letter 18 deemed sufrioieut to mm~ife#t 

the purpose and authority of the Texas Def+ie Guard, but will 

oonteut ourselves tith a potion of the emargeaoy olauser 

~931s taot that' the regularly ocmrtitute'd Rational 

Guard of the Stats of ~Texas la ~uew in aotiye Federal 

ssrrioe by presldsutlal order, mud the Sta,$e i(l Mthout 

adequate orgtxtized troopa that may be uaa@.~fm $hs prevention of oitil distmfbanees, riots, sabetags, aud other 

forms or dl6turbauoen~ aud.furCher thst;ths National 

Defense A6t has been amended by Gongread.authoriziug the 

creation of Defe e Guards 

Seoretary o*.WarT 

in the various States, and the 

B : isaulug neoeimary,regulati~s pertaining 

their&o; and the furthar faot that nit$out this Ast th4 

State of Texaa la .mable to aeaura emus, eqUipant,, aad 

other itam or gorernmqt property for Defsnaa Guard without 

the passagd of~this ambling legislation, qrsata an amer~aaoy~~

etc. 
Honorable J. Watt Page, page 2 

It Is a gsseral rule of statutory osnstruotion that 

a general repealing slausb suoh as is ooltainsd in Ssotiou 14 

0r the Texas rmrt3n80 Guard Aot or 194l will not opsrats to 

afreot a prior- statute unless there axe pro~ialons that are 

inoousiatent with, or rqmgnent to, the tams of the later 

statuts. See 39 Tex. Jam. 131, 800. 681 Oaddes Y. Terrell, 

101 Tex. 574, 110 S.W. 429; Johnson Y. Fer&umn, (Tsx.Gi~. 

App., writ dississsd) 55 S.W. (2dw) 153. 

The Home Guard, authorissd by Art1 

is a oounty unit, subfeot to the orders of t hT 

c 6l44, aupra, 

'iishssitt of thr 

ootlnty . It is striotly a losal organiestion, dependent upon 

sounties, oitiss ssd towus tm sustenanoe and support. 

The Texas Defense Guard is essentially a State orgaulration; subject to the oomand of the Gooeruru:~othe State, 

and ssrves in lisuof the Texas National Guar&rhile that orgauisation Is in Federal servioe. 

We respeotiully suswsr your.questiou is the negative. 

Yours very truly 

. ATTORNBY GENERAL OF TEXAS 

BY (SignMa) B~J~s~~~ 

@PROVED JASL t5,19&2 

(Sigmd)~GROVE.?? SELLERS 

FIRSTASSISTANTATTORREYGERblUL 

BWrGO 

APPROVED OPIRIOR coMmTTx 

By B.W.B. Chaimnas