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

many inquiries as to what constructors
VIII be placed by this department uro,
the term INDECENT" Notwithstanding ,bs
TACT that the legislature has undertaken
70 define the word. the definition i
couched In such terms as to render the
question not altogether free from doubt
as TO what was really the intent OF the
legislature.
In view of the fact that tho law re.
quires the applicant to give 4 iist A. the
real and personal property owned by him
OF her, and the present value OF the same.
ana that the applicant is also required 10
snow what income he or she receives, N
any, am inclined TO the opinion that the
proper construction which should be given
10 the term INDECENT" as used In said law
and not being unmindful OF the denni-
tion given In the LAWS that tho ap-
pncant Is in want and destitute OF property
ana means OF subsistence TO an extent thai
ne or she can not by any use, application
VI disposition thereon make a subsistence,
livelihood, existence.
II an applicant is shown to have pron-
erty, real, personal or both amounting in
value to sum, by use OF which IN any
manner, a subsistence would be assured,
OF by sale OF which a sum could be real
ized from which an income could be de-
rived suffcient to enable him to subsist
such applicant, under the Law In nv opin-
Ion, can not be deemed INDECENT. ON the
other hand, IL an applicant physically I'M
aoie TO earn support by his own labor,
and otherwise qualified and entitled To a
pension) is shown to be in want. and vet
Is SHOWN TO have some property and means
OF subsistence, but manifestly insufficient
afford him subsistence by any USE or an
pilcation thereof. such an applicant, It Is
believed, is INDECENT within the meanlns
OF the law
considering the fact that the question Is
one OF great Importance to our people gen
orally, and to our ex-Confederate soldiers
especially, have to request that YOU give
careful consideration to my views as hero
In outlined, and advise me officially II
you concur In such Views. and IL In your
opinion the law will authorize such cou-
struotion.
Kindly advise ME a, your earliest con-
venience, and oblge Yours very truly,
r. W. Finley, Comptroller.
Hon r. w. Finley, Comptroller. Capitol
Austin. June s. 1S99.--Dear Sir: have
received your favor OF the It'll instant
stating to me your construction of tbs
term "indigent" as used in the Confed-
crate pension law passed by the Twenty
sixth legislature.
l have had occasion heretofore. at your
request, to examine this law. and while 1t
Is quite difficult to lay down rule of
construction that could be adhered to 10
all cases. because | believe each case in
the end will have to stand upon its own
merits, | am free to say that after study
ing your construction, as set out in your
letter, ] deem 1t sufficient answer there
TO say that fully concur with you in the
construction which you place upon the
term as 1t is used in the act, Yours very
truly, T. S. Smith,
Attorney General.
Upon receipt of the last opinion the
following general circular letter was Is
sued to county Judges:
To County Judges,
Office of Comptroller. Austin, Texas.
June IA, 1S99.--The numerous inquiries
being made as to how this department con-
strues the term "indigent'' in the Con-
federate pension law approved May IL,
1899, suggest the necessity that county
judges be advised as to the views enter
tanned on this point by this office.
1t is difficult TO lay down rule OF
construction that could be adhered to In
all cases, as each case must necessarily,
to a great extent stand upon Its own
merits. However, in view OF the fact that
the law requires the applicant 10 give a
list OF the real and personal property
owned by him or her and the present
value Of the same, and that the applicant
is also required TO show what income he
or she received If any, 1t is not believed
that an applicant for a pension must be
absolutely without property at ALL In
order to be entitled to tho benefits of the
act
You are accordingly advised that II is
the opinion of this department that the
proper construction which should be given
the term INDECENT" as used in said act |
is that the applicant is In want and destt- |
tute of property and means of subsistence, !
to an extent that he or she can not, by any |
use, application or disposition thereof, |
make subsistence, livelihood or exist
ence.
II an applicant is shown to have prop |
erty, real or personal, or both amounting
10 sum, by the use of which In any
manner a subsistence would be assured, |
or by sale of which sum could be real
lied from which an income could be de-
rived sufficient 10 enable him TO subHist,
such applicant. under the law, in my opln
ion. can not be deemed "indlgent"
On the other hand If an applicant fphy-
sically unable TO earn a support by his
own labor, and otherwise qualified ana !
entitled to a penslon) Is shown to be in
want, and yet is shown TO have some
and means OF subs 'stence, but
manifestly insufficient to afford him a
by any use or application
thereof. such applicant is "indigent' with
in the meaning of the law. Very respect
fully, j, r. Curl,
Acting Comptroller
have endeavored to administer the
law so that the worthy ex-Confederate
soldiers or widows, who In advancing
years are physically and financially unable
% earn support, might alone become the
of the act.
GENERAL STATISTICS.
have only undertaken TO discuss the
more important matters connected with
he fiscal affairs OF the State government,
rs II is not deemed necessary 10 apaiyze
III the statistical tables. as they are be-
leyed To be self-explanatory and viii be
'ound systematically arranged in the re-
BORT
beg, however, to direct the attention
n your excellency to table No s7' which
shows the assessment of railroads In each
,ounty through which they run, giving the
lumber OF miles and the value, also aver
ige value per mile.
Total mile assessed 1929 15-io0; average
assessed value per mile ss353.7s This is
exclusive Of the International and Graf
Northern assessments in Bexar and Travis
Your attention Is also directed to table
10. "a which elbows the amount OF moneys