THE A4~~~~~ GENERAL 

OF TEXAS 

Horiorable George H. Sheppard 

C!&nptroller-'of Public Accounts 

Austin, Texas 

Dear Sir: Opinion No. O-2211 

Re: Whetheti'membershlp dulls in the 

N%itional Guava 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'bj metibership in the National Guard Associatiorl of 

the~~UnltedK?tat&s. In connection with the reqiiest you 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 Association's k 

the National Defense. Its 

duly elected and authorized 

coinmlttees are 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 functions of the National Guard In connection therewith. ~'The Committees of the Natlonel Guard 

Association are also the points of liaison between the military forces of each State and the 

Natioiial Defense 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 cijmmlttees, 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~h State to organize the various units of 

the National Guard, and to h-ouse and train the .~ 

men. As stated above, the National“Guard Assoclation makesa study of the various-factors relating to all of these problems, and the members of the Assotiiatlon are furnished with the 

information and recommendations of the various 

committees. For example, no~longer ttian three 

weeks ago The Adjutant General,of Texas was 

celled before the Senate Military Affair's Commfttee of Congress in Washington; D.C., along 

with Committee members of the National Guard 

Association, to discuss changes in the Natlonal 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 common 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, ins a 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 programs, expansion of the various units, and various 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 varlous 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'.00 to 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 membership 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 corresponding units of the other states in the Union. Present conditions serve to emphasize the need of such cooperation. At the 

time-~the appropriations 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~~regerd the approprlation of $l,OOO.OO as'having been to a certain extent a duplicetlon 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 

i 

that amount, but some of the 

purposes for which said sum of 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