Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1900-04-25
4 RULING On Pensions
Attorney General Renders an 0pin.
ion on the New Iowa
Law.
Two Specific Cases from the Soldiers
Home Submitted For His
Decision.
Provisions Of the Statute Regarding
Pensions Of Inmates Clearly
Pointed Out.
Special to Times-Republican.I


Des Moines. April 25 Attorney Cen
eral Remley has been asked by the
board OF control to pass upon two indi-
vidual cases of the disposition of pen-
sion money by members OF the Soldiers
Home under the new law. The cases
in question are explained in the follow
ing letters:
'Marshalltown, Iowa, April IS. 1soo.-
Col. G.. @. Horton: This is my state
ment in regard as to how my mother is
!; my brother has made the fol-
lowing arrangements: He provides her
with a house to live in. also supplies
her with provisions and fuel, and has
made arrangements for medical attend
ance IN case of sickness, also for her
burial in case of death. Therefore,
think she is dependent on him for sup
port. have been sending her my ex-
cess pension money since you have
had charge ofsthe Iowa Soldiers Home.
Yours respectfully,
(Signed CHARLES T. SWALAi.'' :
i desire to send my mother one
fourth of my pension.
(signed) CHARLES T. SwALM.
On the back Of the letter is the fol-
lowing:
Respectfully referred to the honor
able board of control for their consid-
GRAFTON. This man is a brother of Hon.
All Swain. and his statement is correct.
The question referred for your consid-
Grafton Isl are we. under the circum-
stances, to consider the mother depend
ent upon the soldier? He draws a pen
sion of IS per month. l think his prop
'ositicn is fair. (signed)
CHARLES G. HORTON,
..Commandant'
Iowa Soldiers Home, April l2, 1900. =
To the Honorable Board Of Control
-Gentlemen: am in receipt of a pen
sion of IS per month from the United
States government. and under the rule
heretofore in force in the Home have
been sending all above Sc per month to
my two children. who are aged respect
lively ~ and Ia and are at the Soldiers
Orphans Home at Davenport, Iowa.
4 would respectfully ask to to. be al
lowed to continue to send them the
same amount as heretofore as they are
not in need of any OF the necessities OF
life and j am in debt and wish to apply
the remainder Of my pension towards
paying my debts.
Respectfully submitted to the COM
3mandant of the Iowa Soldiers Home
(Signed)
AUGUSTUS MORRISON"
The following is written on the back
of the letter:
April Is, 1900. Respectfully referred
TO the honorable board of control for
their consideration, without recon-
.mendation, as 1t is a question of Law.
(Signed)
"CHARLEs c. HORTON.
"Commandant.'
The attorney general in his opinion
says:
The act of the Twentv-eighth gen.
eral assembly. approved March %, be-
ing an act defining the power of the
board of control in relation to the pen
sion money of members of the Iowa
Soldiers Home, prohibits the board OF
control adopting or enforcing any rule
making any disposition of the money
received from pensions by members OF
the Soldiers Home. except as provided
in the act. Section 2 of the act provides
for the disposition of the money OF
in cases where the membe,
of the Home shall have been convicted
twice by any court Of justice of violat-
ing the criminal statutessof the state,
or who shall twice be found guilty by
the commandan or a court martial, IL
the members so elect, Of intoxication or
other misdemeanor.
Said section does not authorize
any interference With the pension mon
ey received by any member OF the
Home unless he shall have been CON
svlcted of violation of law or OF "a mis-
demeanor as a ove stated. Section 8 of
the act Is as follows All members of
the Home who are pensioners and lav-
Ing wife or minor children shall be re-
quired to deposit with the commandant
at once upon receipt OF his pension
check one-ha!f of his pension money.
which shall be sent at once to said wife
or minor children, unless said wife is
proven to be a woman of immoral
1T will be thus seen that the power
of the board sor8the commandant of the
Home to require any deposit with the
commandant of any part of the pension
none. extends to two classes of pen
sioners: first, those who have been CON
victed twice of violating the criminal
statutes Of the state. or who shall twice
be found guilty by the commandment or
court martial OF intoxication or other
The second class Is all
who have a wife or minor
The power OF the board 10
adopt or enforce any rule with refer
ence to4any other class is entirely pro-
hibited by section of the act.
The letter of Mr.. Charles p. Swain.
his statement of facts being endorsed
as correct by the commandant, and as
suming that he has not been twice
convicted of violating the criminal law.
or intoxicatiot. or other misdemeanor,
by the commandant or court martial,
brings him within neither OF the
classes referred to above. and hence he
lis authorized, in my Judgment, to do
exactly as he sees fit with the money
received from the pension. and IL he
desires to send one-fourth Of 1t to his
mother 1t is his privilege. II his
mother were dependent upon him,
which does not appear from the state
ment of facts to be the case. the board
could take no steps to enforce the send
ing Of the money to her unless he
should be convicted in the manner re-
ferred to in section 2 OF the act, OF
some violation Of law. misdemeanor or
intoxication.
Hence l think he is at liberty to use