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May 12, 1917.

His Excellency,
Governor T. W. Bickett,
Raleigh, N. C.

Sir:-

I have your letter of May 7th, as follows:

“The acting Adjutant General has presented for my approval certain bills incurred by the First and Fifth Companies of the Coast Artillery Corps in doing guard duty at the several plants of the Carolina Power and Light Company.

These duties were performed in obedience to an order issued by the Governor. Before making this order I found as a fact that the nervous and excited condition of the public mind at the time Congress passed the resolution declaring that a state of war existed between Germany and the United States, gave rise to serious and well grounded apprehensions that concerted efforts would be made by aliens in this country to do damage to property used for the public welfare. Acting upon this apprehension the War Department ordered all railroad bridges in the United States to be guarded by Federal troops. The President of the Carolina Power and Light Company made complaint to me that they had well grounded fears that attempts would be made to destroy their property which is dedicated to the public use. I found as a fact that the destruction of the dam at Bluett Falls and at Buckhorn would darken many of the cities of the State, put public water-works out of commission, and put out of employment, directly and indirectly, not less than 50,000 people in the State. In the presence of this danger I deemed it my duty to take steps to protect this property in the interest of the public. As soon as the excitement incident to the declaration of war had somewhat subsided, I ordered these troops withdrawn.

Upon these facts I ask you to give me an opinion as to whether or not I am justified in approving the accounts submitted by the Department of the Adjutant General.”

In my opinion you are justified in approving the accounts submitted by the Department of the Adjutant General under Sections 49 and 52, Chapter 200 of the Public Laws of 1917, entitled “An Act to revise the Military Laws of the State of North Carolina and to increase the efficiency of the Militia”, and in my opinion the Auditor of the State is justified in issuing a warrant on the Treasurer, and the Treasurer of the State justified in paying the said warrant under said sections. Your finding of facts, in my opinion, is conclusive of the exigency upon which you acted in ordering out the Companies of the Coast Artillery Corps, a part of the State Guard.

Yours very truly,

Attorney-General.

M-T