THE A4~~~~~ GENERAL
OF TEXAS

Horiorable

George H. Sheppard C!&nptroller-'of

PublicAccounts Austin, Texas

Dear Sir: Opinion No. O-2211 Re: Whetheti'membershlp dullsin the N%itional

Guava Assbclationmay be paid but of approprlatibn~tdthe Adjutant General'sDepartment.

In your letter of April 11, 1940; you request our opinion as to whether the sum of $333.001may be paid crut; of th&approp?latlon to the Adjutant General'sDepartmenYfoz' the currentyear'bj

metibership

in the National Guard Associatiorl of the~~UnltedK?tat&s.In connectionwith the reqiiest you submit to iis.certalti

facts furnished @u by the Adjutant General of Texas,Honorable J. Watt Page, as f~ollows:

"TheNational Guarc~ Associatlbn is the deliberativebody-of the National Guard of all the States. It largelydetermines .thepolicy of the States' armed forces In connectionwith problems concernin (theAssociation's k the National Defense. Its duly elected and authorized coinmlttees

are calledupon, 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 liaisonbetween the military forces of each State and the Natioiial

Defense agencies of the Government; such as the NationalGuard Bureau and the War Department.

"TheAssociationWAS formed in 1878. Its membership includes the 48 States of the United States and theDistrict 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 variousunits of the National Guard, in order to make the National Guard an integral and efficientunit of a well-balhnced scheme for the NationalDefense. The National Guard Association Is now making a study of the-~mang problems affectlngthe.National Guard/caused by the present EuropeanWar situation,necessitat-- ing by this country increased training programs, and the expansion of the National Guard and the reorganizationofmany of itsunits in order that the Guard shallbe a part of an efficient fighting force If calledupon: Although the-' Federal Government furnishes equipmentand pays the men when in training, it remains the duty of eaE~h

State to organize the variousunits of the NationalGuard, and to h-ouse and train the .~ men. As stated above, the National“GuardAssoclation makesa study of the various-factorsrelating to all of these problems, and the members of the Assotiiatlon are furnishedwith the informationand recommendationsof the various committees. For example, no~longer ttian three weeks ago The Adjutant General,of Texas was celledbefore the Senate Military Affair'sCommfttee of Congress inWashington;D.C., along with Committeemembers of the National Guard Association, to discuss changes in the NatlonalDefense Act.

"TheState of Texas must be familiar with the many problems of the variousunits ~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 NationalDefense. 'Bybeing 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 cooperatewith the other States In time of National emergency. The dues are levied at the rate of $3.00 per each~l00men, or major fraction thereof, in the National Guard. The National Guard of Texas has a total enlistedand commissioned strength of'l1,378.

"It is of vital importance to the National Guard of Texas to have informationwhich isHonorable George H. Sheppard, page 3 o-2211

gathered end disseminatedby the National Guard Association, concerning increased training programs, expansion of the variousunits, and various reorganizationproblems. It is esseiitial, further, that The Adjutant General of Texas be famillar'with~trainingand housingproblems 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 studiesmade by the Assoclatlonwith respect to theuse of varlous types of equipmentused in the Army and In the Guard. The importanceof membership in this orgenizatlon Is manifestwhen It is realized that every State of the Union, as well as the District ofColumbia, and the terrltorlesof Hawaii and PortoRICO, are members."

The 46th Legislaturemade an appropriation of $47,460'.00

to the Adjutant General'sDepartment 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 connectionwith your request, the desirability of membership In the NationalGuard'Assoclation is most apparent. Indeed; It seems to be necessary in an effort to achieve some cooperationbetween the National Guard of this State and correspondingunits of the other states in the Union. Present conditions serve to emphasize the need of such cooperation. At the time-~the

appropriationsbill 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~~regerdthe approprlation of $l,OOO.OOas'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'sDepartment bi that amount, but some of the purposes for which said sum of l,OOO.OO could have been used
are also purposeswithin the appropriation of $47,460.00.

It is our opinion that the dues which youmention are necessary expenseswithin 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 skGlennR. Lewis Glenn R. Lewis Assistant

GRL:GO:wc

APPROVEDAPR 23, 1940 s/GeraldC. Mann ATTORNEYGENERAL OF TEXAS
Approved Opinion CommitteeBy s/EWB Chairman