New-York tribune., 1907-08-03
OHIO TO FIGHT l. S.
RITTER BUT Legal W4R.
State against Nation an Question
of Old Soldiers Estates

The first skirmish in another clash between
state and nation will probably occur the COM
ing fall. The state concerned in the ciash'
which promises to be prolonged one IS not d
Southern state this time. It Is Ohio that seeks
to settle the question 70 the supremacy OF
her own laws or those OF the federal govern
ment when the two conflict
The question at issue concerns the d1spos1'lon
of the estates of inmates of national homes for
soldiers who die without heirs Something De-
tween S2JOOI0 and S35OO00 is involved in the
contest as the state authorities contend tnat
al bout this amount of money has been wrongly
anproprfated by the federal government TO its
own use in the last thirty years Should the
state laws be upheld by the United States Su-
preme COurt-and il is certain that the case Will
be finally carried to that body for adjudication
it is likely that the other states in which the
dozen or more soldiers homes are situated viii
also attempt to recover amounts. which VIII
bring the total UP to 100000
Naturally the government is not disposed TO
pay over this without a struggle and VIII
fight the contention of the State OF OHIO, even
though il may be beaten in the test cases which
will probably be heard the coming fall in the
United States Circuit Court for the Northern
District of Ohio Already preliminary shlr-
rnish has been held in that court and the gov
ernment has lost. but the Department or JUS
tice has now some Of it's ablest lawyers at WORK
PREPARING for the real fight over the supremacy
of federal state law in this particular GlS-
pute-
The homes for old soldiers scattered through
out the country are under the jurisdiction OF the
National Home for Disabled Volunteer So!dlerS'
a corporation organized under federal laws
The central branch of the home. and the one
which IN general houses most of the veterans IS
AT DAYTON Montgomery County. OHIO. Cnder
the federal regulations any old soldler VINO
wishes to enter one of the branches of the home
and who holds pension from the government
must first assign his pension TO the corporation
The pension 50 assigned is then turned over %
the superintendent Of the home 20 whlch ne Is
admitted The money is then given out TO the
pensioner in such sums as the superintendent
may decide necessary
Many of the old soldiers who enter the homes
are without relatives or friends. and the estates
OF most of them at death are comparatively
small probably the largest being in the neigh
borhood of 81 900 Heretofore. where claimants
for the property of the dead have failed ID
appear, the pension money credited 70 the oeo7-
dent has been turned over 10 the United states
Treasury
Now comes forward the state Of Ohio. with
the contention that the property of all inmates
Of the home at Dayton who may die without
heirs rghtfully belongs to the state, ana tha1
the federal government has no claim TO the
moneys il has accumulated from pension funds
for which no heir has appeared Under the Ohio
and without heirs goes 10 the state
In the first case in which the state tried To
recover SStT1 81 the amount credited to Johann
Hoffman, an inmate Of the home at Dayton.
who died on MAY .. 1892. the attorneys for the
government contended that exclusive Jurlsdic-
zion over the lands on which the home stood nsid
heen ceded by the state 20 the United states
government and that. therefore the state could
not lay claim to the property OF aiSooUS "4'i-'ii
that Jurisdiction
Judge Thompson. in the United states Circuit
Court in his decision favOcing the state. pointe'f
o,,+ thar the power conferred upon the National
Home for Disabled Volunteer Soldiers for carry
ing out the purposes of its organization was cor
rorara as distinguished from political power or
rho mower 10 make and execute laws. He held
that the administration Of estates of deceased
rarsons was not within the scope of the corpor-
ate mower conferred the home. nor was II IN
This case a subject of federal Jurisdiction
on mis- decision the state Immediately made
appIication 10 exercise the powers Of admins
tratfon and the amount of pension money cred
tied 70 Hoffman at his death was turned over
h,- rho federal government 10 the Ohio officials
T{v the federal regulations an old soldier once
ba * admitted 10 a home. becomes Immediately
citizen of the state in which the home is sttu-
ated -
\ great nart of the s250oO0 or s350.000 which
ohio will try TO recover. the governments at
-r,a,-s will contend IS governed by the statute
~ limitations The state. however will bitterly
c,n+as+ the case and II is understood. will assert
that rho statute Of limitations is effective within
tho duration of the administratorship- AS IN
most of the cases there has been no adrn1niS-
traitor proDerly appointed by the state the state
will hold. in accordance with Judge thompson
decision that the statute of limitations does not
apply AZ all
n ?