The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1894-10-25
DONATIONS
To the Confederate Home and How They
Can be Regulated in Accordance
With Law.

With Law.
The following self-explanatory let
ter was given out from the attorney
generals office yesterday:
Major Henry E. Shelley President Board
Managers Confederate Home.
DEAR SIR-Your favor, with its en-
closure, inquiring whether the board
of managers of the Confederate Home
may receive bequest of $500, made
by Mrs. Helen M. Mckee of Tarrant
county, and use the same as in the
judgment of said board may seem
best, or whether, under the law, said
board would be required to deposit
the bequest in the state treasury to be
drawn out and used as other funds
received from the treasury for the
support and maintenance OF that in.
stitution received and noted.
An examination of the act of Feb.
~, 1891, esta blishing the Confederate
Home, discloses that under section of
said act the board of managers have
power to govern and regulate the
affairs of said home under the laws in
existence relative to the asylums so
far as the same may be applicable,
and shall make and prescribe such
rules and regulations as may be neces
sary for the government, discipline
and management of the Home, and
the said board shall have charge
of all property received from the
John b. Hood Camp, Confederate
veterans, or from any other source for
the maintenance OF said home.n A
further examination of said act dis
closes that under the terms of section
certain appropriations are made for
the support of the home for two years,
not TO exceed $G5, 900, including specs
fled sour es OF revenue. By the
general appropriation Eill of the
Twenty third Legislature, p p, l47-14S,
general laws, 1892, another appropria~
ton is made for the home for its sup
port and maintenance for the two
years ending Feb. %, 1895. 1t is pro-
vided in said appropriation that the
sums therein appropriated shall be
paid out of the several sources of rev.
enue specified in the act establishing
the home. heretofore cited and refer
red to. There is no appropriations of
possible requests, gifts or Gevises to
this institution in the several sources
named from which the revenue shall
be derived, There being no attempted
appropriation by act of the legislature
of the request mentioned it would
therefore come within the clause of
section 3, above cited, placing all
property from any source for the
maintenance of said home under the
management of the board of man
ayers. 1t is shown that
the testatrlx expressed q de-
sire i'll her last Festsment that
her husband having been n Confeder-
ate soldier she desires to remember
the Confederate soldiers for the valor
and manhood displayed in defending
their homes from INVASION" and de-
sires TO give the sum Of $500 20 the
Confederate Home OF Austin HIS = TtD-
lished by the act above referred 70
There is nothing disclosed in tb" will
of the testatri2 Tending to show that II
was intended 70 b. p Request ~ ne
paid ont as pare Of The approprIs-
ton above referred 70, hut on tho C ,n~
trary the in-en ton is manifest thai L.
shall be Il bequest to the Home with
out any refereuce to whatever Hppr -
pria'ioDs may rInay not be niad- 10y
the sta,e for its support or msinie
nance. 1t il therefore prep rly III lh-
hands of the bo,rd OF iuair,grIs of 30
institution, tn be- by rnelu u.~d y. tu-'
may deem best for the support - d
main, enance or improvement az -ald
Home, independent Of a"d without
reference e. any appropriation mace
by the state, and lC cannot theret re
be properly Deposited III The srat-
treasury 10 be paid out AZ o'har az
preparations made ny the state for the
support and maintenance of the sad
Home, Very respectfully.
FRANK ANDREWS.
Office of Assistant Attorney General.