No. V-0060 (1947).

• Case Date: March 03, 1947
• Court: Texas

Texas Attorney General Opinions 1947. No. V-0060 (1947). 1March 3, 1947Hon. Arthur B. KnickerbockerAdjutant General of TexasAustin, TexasOpinion No. V-60Re: Authority of the Adjutant General to cause to be offered for sale buildings and/or equipment received from the United States Government in lieu of restoration of damages to leased property, and to use the proceeds of such sale to accomplish the physical restoration of property damaged while under lease to the United States GovernmentDear Sir:Reference is made to your letter addressed to the Attorney General under date of January 9, 1947, concerning the following questions:

"(a) Does the Adjutant General have the authority to cause to be offered for sale, in the manner prescribed by law, such buildings, installations and equipment received from the Federal Government in lieu of restoration of damages to leased property, as are not required for use by the State, in a value comparable to the estimated cost of the repair and/or restoration of the buildings and installations which are to be retained for the use of the State?"

"(b) If the answer to (a) above is in the affirmative, may the proceeds of such sales be deposited with the Treasurer of the State of Texas, to be expended for the repair, restoration and improvement of Camp Hulen, Camp Wolters and Camp Mabry, with the object of placing these camps in such condition as to be best useable for the purposes of the State, in connection with the administration and training of the Texas National Guard?"

2We will consider the questions in the order presented by your letter. It is settled as the law of this State that "public officers and governmental and administrative boards possess only such powers as are expressly conferred upon them by law or necessarily implied from the powers so conferred." 34 Tex. Jur., Section 67, Page 440.3Further, "statutes which prescribe and limit the exercise of official duty are strictly construed in respect to the powers conferred and the manner of their exercise, and such powers are not to be enlarged by construction." 34 Tex. Jur., Section 68, page 443.

"It is equally well settled, however, that a law which confers a power or imposes a duty upon an officer or board carries with it by implication the authority to do such things as are reasonably necessary to carry into effect the power granted or the duty imposed." 34 Tex. Jur., Section 68, Page 444.

"The office of the Adjutant General is a creature of the law. The duties and powers of the person holding such office are also defined by law." Fort Worth Cavalry Club, Inc. v. Sheppard, Comptroller, 83 S. W. (2) 660,666.

A review of Articles 5787, 5788, 5790, 5791, 5792, 5793, 5794 and 5798, Vernon's Annotated Civil Statutes, indicates same are pertinent in determining the powers expressly conferred upon the Adjutant General by statute. We teem it unnecessary, and in the interest of brevity, we will not quote all of the above referred to articles. However, the first paragraph of Article 5790 is especially important in determining the question at hand, and we quote therefrom:

"The Adjutant General shall be in control of the military department of this State, and subordinate only to the Governor in matters pertaining to said Department, or the military forces of this State; and he shall perform such duties as the Governor may from

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