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Hon. Geo. H. Sheppard, January 4, 19539, Page 4
The Acts of Congress ereating this fund, of which the
sum of $#4968.15 1s the balance, did not provide that such fund
might be invested in bonds jot the Unitersity of Texas or any other
securities so that the interest therefrom night be paid to
indigent widows and orphans of Spanish-American War Veterans.
The nature jot the investment provided by the Aot of the Texas
Legislature and the creation of a Commission to make such invest-
ment, reasonably assures, for all practical purposes, the safety
of the corpus. But, in legal *ontemplation, the right to invest
these funds is tantamount to the right to dispose of them, and
this the Legislature .of Texas eould not do without an enabling
act of Congress, indicating the complete relinguishment and
waiver by the United States of any Olaim or reversionary interest
in this fund.
We are not unaware of the laudable purposes sought to
be aooomplished by the Act in question, and both the Legislature
of Texas and the Commander, Department of Texas United Spanish
War Veterans should be commended for their efforts to this end,
e- but these considerations do not alter the plain provisions of the
Acts of Congress which created this fund and which must govern its
ultimate disposal.
We are accordingly, under law' required to advise you
that louse Bill No. 5653 Ch. 541, Lots Regular session, 44th
Legislature of Texas, Is ineffective to transfer from the General
tervenue Fund to the Commlssion oreated by said Act, for investment
purposes, said sum of $4,968.15.
Yours very truly
ATTORNEY GENERAL OF TEXAS
By
Assistant
P:N
APPROVED:
ATTORNEY GIRAL OF TIELS
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