The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-12-28

ot approved pensioners 1891, each no,
ausr.er. me maximum amount author.
ICED by the constitution being s24 pei
quarter. -
Since the 1st day OF October. 1899 Ok;
additional applications have been received
and 1t is estimated that by April leo0
the time fixed by law for another anhor.
tionment. there will be at least 5000 an.
proved applications, which will reduce
the April apeortionment under the pres
emit appropriation to sl.66 each per month
This amount will afford Very little reiief
to the applicants. The last legislature au-
propriated 100000 for the first year and
$4,000 for the second year. An addi-
tional appropriation of $4,000 for the last
half of the first year and 100000 for the
second year, which would be the consti-
tutional limit, would provide an appor-
tionment OF Sl2,5O per quarter for 5000
pensioners.
1t was evidently the intention of the
trainers Of the constitutional amendment
and those who voted for its adoption az
well as the legislature that passed the
pension act, 10 provide substantial assist
ance to the Confederate soldiers and their
widows who are in INDECENT circumstances
and unless the appropriation should be in
creased, the objects of the law as above
indicated will not be fully met.
Much time and thought has been devot.
ed in an effort to arrive at practical and
correct construction of the law. realizing
the difficulty OF administering 1t satsfac-
torily to those most concerned and to the
people generally, and with this end in
view, have conferred freely with the
legal department OF the State with refer
ence to the construction OF several pro-
visions of the law, and herewith quote my
letters and the opinions OF the attorney
general covering some OF the most impor-
tant points.
Hon. T. S. Smith. Attorney General, Aus
tin. Texas.
Comptroller's Office, Austin, Texas, May
%, 1S99.--Dear Sir: Referring to enclosed
copy Of Confederate pension law and d.
recting your attention also to the con-
stitutional amendment, authorizing such
legislation and appropriation, beg 10
ask your official opinion on the following
point:
1t will be observed in section OF said
Confederate pension law" 1t Is provided
that the applicant shall show 'that such
applicant is and has been continuously,
since the LIST day of January, 1850. a bona
fide citizen of the State, or that he orig
inally enlisted in the Confederate service
from the State of Texas, and was at tie
date OF the passage of this act a bona
fide citizen of the State of Texas"
lHc tUnslltullUHti amendment provinces
'the legislature may grant aid to INDECENT
and disabled Confederate soldiers and sail
ors who came to Texas prior to January
/, 1880"
In view of the limitation thus expressed
in the constitutional amendment the ques-
ton arises and is submitted for your con-
sideration. does the provision in section
of the said Confederate pension law in
tho following language, to-wit: cor that
he originally enlisted In the Confederate
service from the State OF Texas, and was
at the date of the passage of this act a
bona fide citizen of the State of Texas
conform to the constitution and would the
comptroller be authorized to draw his war;
rant on the State treasurer in payment OF
a pension claim to an application whose
citizenship is based upon the above quoted
alternative.
will thank you very much Tor your
ADVICE as to this at your very earliest con-
venience. Very respectfully.
r. w. Finley. Comptroller.
Hon. r. W. Finley Comptroller, Aus
tin, Texas.
Austin, Texas, May %, 1S99.-Dear Sir:
I have received yours of the 22nd Instant
enclosing copy OF the act of the present
legislature, said act known as the Con
federate pension law" You submit two
question for consideration, as follows;
/. Does the provision in section 2 of
said law in the following language: cor
that he originally enlisted in the Con-
federate service from the State of Texas,
and was at the date of the passage Of
this act bona fide resident citizen of the
State of Texas" conform to the constitu
tion and would the comptroller be author
lied to draw his warrant on the State
treasurer in payment of pension claim to
an applicant whose citizenship is based
upon this alternative?"
My reply is that in my opinion you
would not be authorized to draw your
warrant on the treasurer TO pay a claim
based upon the alternative quoted above
in your question from section OF said Law.
2. Your next question is: Does that
portion of section l Of said law, as fol-
lows: "Who Is a native of this State
enlarge the provision In the constitution
and authorize the approval by you Of the
claim Of an applicant based upon the above
provision in said law. My reply to the
above is that you can not approve claim
alone regardless of the other limitations
and restrictions in the constitution.
Referring to both questions. and my
answers thereto, together, quote the con-
stitution, section 81, article 3 (sinre the
adopted September /, 1881
which is as follows:
no power to make any grant. or authorize
The making OF any grant OF public money
10 any Individual, association of individ-
lals, municipal or other corporations
provided, however, tine legls- |
ature may grant aid 10 INDECENT and dis |
lbled Confederate soldiers and sailors |
who came to Texas prior to January 1. /
$780, and who are either over 90 years |
If age. or whose disability is the prox-
mate result of actual service In the Con-
army for period OF at least
hree months. their widows in INDECENT I
who have never remarked
md who have been bona fide residents OF
he State of Texas since March |, 1880.
md who We're married TO such soldiers or
sailors anterior to March I, 1866; provided 4
hat such aid shall not exceed sS per
month; and provided. further. that no APP 7
,ropriation shall ever be made for the pur-
pose hereinbefore specified in excess OF
100000 for any one year. And also grant (
aid to the establishment and maintenance
IF home for said soldiers and sailors
inder such regulations and limitations as
nay be provided by law: provided the
grant to aid said home shall not exceed
100000 for any one year; and no inmate
II said home shall be entitled to any cher
I'D from the State, and provided. further.
hat the provisions of this section shall
lot he construed to prevent the grant of
I'D in case of public calamity"