OFFICE OF THE AlTORNEY GENERAL OF TEXAS AUSTIN

**I Honorable**  TraylorRussell Dl#trlot**Attorney** lat. Pleasant,Texas
Dear sir:

cent **dots, which**  **re**

of Title 15 of the on Finmoe Corporaor create aorporaase and leare landr,.pwohaae, nd plants, and purohase faollltier;

maahlmry, materthe smnfacture of strategic

“The corporations80 organicedape knovn am defame plant corporationa. Such a oorporatfon vao organizedfor the purpose of oonrtractingon lands aoquuired

located in the South part of Morris County, e plant for the purpore of mnelterlngIFon. The oorporationis now, and haa been for BOW CUm, engaged **in the**  **oonrtruotion** of thlrr plant. “By **virtue** of exeoutiveorder Ho. 8972 undai' date of Ikoember 12, 1942, the Secretary of Uar 

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HonorableTraylorRussell, page 2

and the Searetaryof Ilsvy mere authorised *to establish and maintainmllltaryguards and patrols and to take other appropriate meesures to proteot from injury and destruotloncertain strateglo premisesmaterialsand utilities,all of vhloh are set out In CUP. 15 issued b ment under date of Naroh 17, t the Usr Dspart19 3. This olroular further states, "*Aooord%ngly,

the 8e6rets.q of War dlreoted the Pilitary organisatlon of plant guard foroes as AuxiliaryIUlitary Pollee.'
"Xt is furtherprovided in the oiroularmentioned above that these atembers of the Auxiliary Pollee shall take an oath of offloe, a oopy of vhich is enolosedherevlthand the olroular further provides that these AuxiliaryWllltary Polio4 shall be subject to oall at all t&se8 for lllilitary use IA aAy 4m4rg4Aoy. "The rwr4n84 Plant OorporatlonIn Morris County has employeda number of these Auxiliary Pollee to guard its premisesand materials. The majority of these msn are local SIOA, living in the vlolnity of 25 lalles of the plaoe of thelr work, Boeh 1s armed vith a pistol which must be provided by eaoh ~indivldual. Under lnstruotiow of the corporationoffloersof this unit, these men have been oarrylng these pistolswith them from their place of residenoe to their vork. They do not carry these pistols on their person vhile goips to and from their work but are required to oerry the@ not loaded In their vehlole in which they may be travelingand Iu the event they leave this vehicle for any purpose, they are Instruotedto leave the gun in the automobile. They are father Instructedthat In travellagto and from their vork to their placre

of residence that they must travel the most usual dlreotly traveledroad. Recently, ths Sheriff of Morris County arrested one of these Auxlllary Nllitary Poll04 and filed oharges againsthim under Art. 483, Chapter 4, Title 9, P.C. of Texas. This man so arrested aad charged vas at the Use of his arrest travelingfrom his place of residence to his plaoe of work.

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goAorabl4TraylorRussell,page 3

"Based UpOA the foregoingfaots, I ask of departmentan oplnlon in regard to the fol**Yom loving**  **t**

**“ 1.**  Are the msmbers of the AuxiliaryMllltery Polioeauthorisedto oarry OOAO4816dv4apons at any and all times, regardlessof whether **they** be travelingto and from their place of resldenoe t0 their pl804 Of vork? "2. If the above question is answered in the Aegatlve; then are the members of the A~x$llary Mllltary Policepermitted to carry et all tQnes oonoealedveaponsvith them from their plaoe of residenoe to their vork? "f 4~01084herevlth a oopy of circular 15 vhioh has **been** deliveredto me and kindly **ask** that you return this olroularalong vith the oath of off104vlth your O~iAiOA. I "

. . . . We have oarefullyread Clroular Ro. 13, issuedby **the War**  **Department, Headquarters,**  **Army** ServiceBoroe, Washington, D. C., dated as of March 17, 1943, pertainingto A~xlllary Willtary Pollo4, togetherwith the Agreementbstveen the United States of Amerloa and the plant guard.

Ye are setting forth oertainportions of said Clrcular Ho. 15, which ve feel are pertinent and have **an** important bearing OA the lasu4s 1Avolved.

On page 1, the purpose of the AuxiliaryMilitary Police is stated as follova:

"1.

. . . The purpose is to lnorease the authority,efffolenoy, aad responsibility of guard forces at plants important**to** the **proseoutlon** of the var, and t&ugh military tralnlng to provide euxfll8ry forces throughoutthe United States to SUpplemeAtthe Army IA vartims 4m4rg4noy sltuatlons." The mission of the Aauxiliary Mlitary Polio4 is provided on page 2 and from vhloh the following is taken:I.,

. 

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Ronor8bl6TraylorRuss411,page 4

-2. Mission of the Auxiliary lilltary Pollee.

-- a. The mlsslon of a guard for04 of **Auxilluy** Ulitary Pollee Is --- - "(1) To provide **internal axul** **axtern** protection of the plant against sabotage, espionage,and na$aaral hasards. "(2) To serve with the Army in providingproteotlon to the plaiit snd its envlronr in 4m4rg4AoysituatloAs. "br AA emergenoysltuatlan In vhloh the **Auxil iary**  Jillltary

Pollo4may be **oalled** upon for nilitary ~84rv104

msy arise from flood, oonilagratlon, or other dlsastsr~internaldisorders haaudous to property or productionimporturtto the pros4outlon of the wari enemy aotion by air raid: fifth oolum~ aotivlties3 paratroopattaak or lnvasion~ or it may arise from any other 0oAditloA or olroumstano4 lATOlViAgthe plant or its 00smluAitymaking it A40488aryto place in operation0~4 or more of the emergenoyphuu of the Ifas Departmentor of the Servioe Cosmwd. "0. A guard for06 or any member thereOf, vhether 011

or off duty, may be 888igAed to duty in an emergenayat pleoes other thaA the pr4ml848 of the plant normally served, provided only that IA the OpiAiOB of the plnrrt guard offloer or **other** representative

of the Army in oommand such asslgnment vi11 contributeto the proteotlonof the guard foroess OWA plant and its environs or to the prot4OtiOA Of its PWDdUOtiOA."
On page 4, ve find the following language:

Guard foroes vhioh have not been orgaJz;d ;s'&ulred (see par. 1 **attaohed** letter) vi11 **be** assembledat the ear.%iest praatloable date by the plant managementat the request of the plant guard offioer. At this assembly the Arti014s of Uar as presorlbedby Artiole of Uar 110 will be **read and**  ex~leinedto eaoh **member of**  the guard foroe.

. . .gkmorableTraylor Russell, page 5

The oircularreads in part as follovs OA page 50 “The **Auxiliary** Mllltary Pollo4, lPrmedlately after the Articles of War have been read and explained,vi11 be impressedvlth the faot that the Ooverment of the Unlted States 1s dlreotly interested in the eeourityand proteotlonof the plant and its produotlan88 essentlslto the **suooessful** prosecutionof the var. . . . “5. The Oovernmentof the UAlted States regards the protectionof this plaAt and Its produotlon as 4ss4AtialIA the suoo4srful pros4outioAof the var. The **Auxiliary** Military Pollo4 are ordered to provide this **neoessary** proteotloAand to vard off tlaqer or threat of danger of soy kind and prom any souro4. If foroe must be used to aooompllsh this Pesult it vi11 be used only to extent **reason** ably AOCOlSSPJ’~” The follovlngappears onHge 7: 'The AuxiliaryMilitary **Pollo4** are **supplement** ing the Army of the **United** States S.A a vital task of proteoting

var materialsand. **var** produotlon faollltl4s. **Attempts to**  **intimidate them**  **ol? to**  reduce or nullify their 

### l ffloienay,or interfere vlth the performaAoeof their mission,may oonrtltute a violationof Federal as ~411 es state orlmi~al lava, When suoh inoldentsare suspected,a~ inquiry vi11 be **made**and a detailed report vi11 be 8eAt immediatelythrough oha~~4ls to the offfiae of the ProvostMarshal General **as 8**  basis for **requsst** IAg an iAv4stigatlon or prOS4OUtiOA."
On page 9, ve find as follows:
“Becausethe mlsslo~ of the AuxiliaryNilitary Polloe lnoludes s4rvio4with the Army (see pax. 2&), the lava of var require that memberswear distinctiveinsigniaor marks oapable of reoognltiOA 8t a distanoe. By wearing **mush** lnslgnla or marka members servingvlth the Army will be reoognised as legitimatetroops and not deemed irregulars or guerillas.

. . .aHonorableTraylorRuss411,page 6

Then, on pages 10 and 11 ve quote in partr "The AuxiliaryMilitary Polleemust be armed vlth appropriate

veepons furaLshedby the plant rmrnagement

if such arming is recommended by the plaat guard officer, Any sidearm,rifle, or shotgun may be an appPOpriat% VeSpoA dependingon the olroummteno4s.

. . . "The AuxiliaryMilitary Pollo4, as agents of the Federal Qovernmentwill not be subjeot to any state or muniolpal requirement which oonfllots vlth their wartime duties. **A** member of the Auxlllarg Military Polio4 required to be armed in performance of his duties will not be oompelledto obtain a 1104~84,permit, or bond to **p088488** small firearms in order to comply vlth loos1 statutesor ordinances. State authorities have oonourredvhen this qU4stiOAha8 been presented. The full OOoperationof state and loos1 authorities vi11 be obtainedand loos1 requirements met **unl4ss a**  satlsfactory understcmbisg is reaohed." Certainportions of the AgreemeAtbetween ths United States of America and plant guards are as follovsr

II

. the United States is approvingths **em** plqyme&'of certain guards es a oivllienauxiliary 'tothe mlllt~y police for the **purpos4** of guarding and proteotingtar material,war pr4mis4sand v&r utllltlesfrom injury or destruotloA by the enemy or otherwise, inoludl~gths making of arrest, as psaob offloersfor vloletlonsof Pederel lava, as ~411 as for vlolatioAsof orders and regulations lssusdby military authority.

. a , “(3) and vi11 obey a~iy orders Issued in conneotl~n't~erevith by the President,as Commander in Chief of the Army and Hevy of the United States,and by his duly euthorlsedofficers. "

. . . . “(4) . I am subject to military law during the per;oi of **my employment.**  **”**RonOr8ble Traylor Russ411, page 7

As you stated in your letter, the members of the Auxiliary Mllitarg **Police** In Norris County are, under instruotlons of the oorporetlon offloers of this unit, 08rryLng pistols on their perrons while going to and from their **vork;** that they are further instructed to oarry the pistols unloaded in their vehicles in which they may be tr8Vellag and in the event they leave their vehioles for sny purpose, they are iAStrUOt6d to leave their guns In the automobiles. In traveling to and from vork, **they must**  **travel** the most usual dlreotly traveled road.

It is ths opinion of this d%p8PtZS%At that the numbers of the Aux.tll8ry

Hllltary Polioe, aoting In eooordanoe with lnstruotlons above set out, are not violating any penal lav of the State of **Texss** vlth reference to oarrging a pistol. Burthermore, slnoe the instructions of the oorporatlon offloers of this particular unit do not pennit its guards to oarpy pistols at any and all times, we do not feel it neoessary to ansver your query es to whether or not members of the Auxiliary yilltay Polio4 are alloved to ofwry ooAoealed weapons at any and all times, regardless of vhether they be traveling to and from vork.
As **per your**  **request,** ve are returning vlth this oplnion **Circular** lo. 15 end the Oath of Offloe vhloh aooompanied your letter.
Yours very truly ATTCRBwl QENlRAL OF ZEUS

Robert 0. Kooh