The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-01-31
NOT INTENDED TO
PAY BACK DEBTS
The Vexed Question of Return
of Pension Warrants.
RULING OF THE BOARD
The Object Was to Protect the Old
Soldiers.
LAW OF 1895 HAS BEEN A DEAD LETTER
Contention of the Board is That All Pension
Warrants Are Issued in Advance and Are
For the Support of tie Pensioners
For the Current Year.

State Auditor b. f. Dixon was asked
yesterday TO state the position of the
State Board of Pensions in the case be
fore Judge Council, at Morganton. The
point at issue in this case is whether a
pension warrant already issued can be
recalled by the board upon the death
of the pensioner pending its delivery, or
whether it becomes an asset in the hands
of the personal representatives.
There are quite a number of cases like
this in Burke and the neighboring coun-
tics, and it is expected that the Supreme
court will be called upon to hand down
decision in the matter.
DR.. Dixon stated the position of the
Board as follows:
I'm regard to the ruling by the State
Board of Pensions, relative to the return
of the warrants of those who have died
before the issuance of said warrants. l
wish to say that the contention of the
board is that all pension warrants are
issued in advance and are for the sup
port of the pensioners for the current
year A pension warrant issued Deem
port CT the pensioner TO December Is,
1902, and is not intended to pay back
debts or claims that any men may have
upon the pensioner before the issuance
of the warrants. The law of 1895, passed
by the Fusion Legislature, has been a
dead letter so far as have been able
TO ascertain. No warrants have ever
been issued under it's provision for the
simple reason stated above that the pen
sion warrants are paid in advance, and
consequently nothing is due. Take the
$120 men, as we call them Any soldier
who lost both eyes, both legs or both
arms in the service of the COnfederacy,
or of the State during the war, is en-
titled to 1920 a year, and the pension
dates from the issuance of the warrant
from year 10 year. Say the warrant is
issued the 4th day of July 1901. This
entities the penSioner to receive SO per
month until July 4, 1902, and if this man
should die before that date, the balance
due him on that warrant is returned tc
the State Treasurer. Now, If this is true
in regard TO a man to whom a warrant
has already been issued, il seems TO me
that it would be doubly true with refer
ence to a man who dies before any war
rant whatever has been issued.
Some counties have refused the war
rants, claiming them for the payment OF
debts, and for the heirs of the deceased
consequently the Pension Board has con
sented for the matter TO so to the SUI
preme Court for final adjustment. Should
the Supreme Court decide adversely tC
the action of the board, these warrants
will go to the heirs, and if the court de-
eide for the board, these warrants vii
be issued to the soldiers who have been
held up pending this decision"
The Auditor added that the ruling OF
the board was for the purpose OF pro
tecting the old soldiers from the conse-
quences of contracting debts upon the
pension warrants as security, that the
board had considered the fact that the
pensioner might become the prey of I'M
scrupulous persons desiring to profit by
his needs and inability to cope with the
business schemes OF unprincipled men.