The Birmingham age-herald., 1912-08-26

ton and it's final submission to the state board of examiners?
 Section F provides that each county board shall submit to the state board each case examined with their recom- mendations. If they recommend the grant ing of tue pension, they must state from what disability the applicant is suffering and such other comments or informa- ton as may be of value to the state board in arriving al an equitable decision.
 Section II provides that the state board of examiners shall receive from the aud itor all applications forwarded 10 him by the county board, and examine care fully and separately each application, together with all the evidence furnished by the county board and decide whether or not the application shall be granted and if granted, in what class each pen- sIoner shall be placed.
 'rhis section, IA. and the act as whole, confers on the state board unlimited iuris-. diction to grant, or refuse any applica- ton after carefully considering all the evidence in each case sent up by the county boards and applying the principles of equity as provided in section 10. These apparently conflicting sections must be construed as a whole and the legis- lative intent thereby ascertainrd.
 This is great responsibility. We have endeavored to exercise this power prudently, justly and in no case arbi- trarily. To grant the pension to every worthy applicant, has been our rule; and all reiections have resulted from the failure of the applicants to comply with the requirements of the law, or of the county boards to certify to iIs the facts upon which the petition could be legally granted. The state board cannot hear and consider new evidenced or any other than that transmitted by the county haa at1u fa rfI ta hA ffQ which the petition could be legally grant ed The state board cannot hear and consider new evidence, or any other than that transmitted by the county board, and in the exercise of It's equitable pow CTS 1t must necessarily consider what ef- feet the granting of each petition will have upon the entire pension fund. If all the applications were granted. 1t is apparent that each pension would be pro- portionately diminished until 1t would be- come so attenuated as to be useless to the recipient and of benefit 10 no one. The fund is limited to about $l,000,eo9. There seems to be no limit to the number of applications.
 s"It Is generally believed that there are many persons now on the pension roll who have no right to the bounty of the state, and to cure this evil section 38 of the act requires the probate judge to submit to the grand iuries of each county, twice a year, list of the pen sioners in that county, and makes 1t the duty of the grand jury to carefully in- vestigate and scrutiniZe such liat, to the end that said list may be purged of any who may not under the law be entitled to pensions And if clothes the grand jury with ample power to ascertain the facts and report their action to the auditor. Since the law has been in force the grand jury of Macon county is the only one in the state that has acted under this sec tion as far as we can learn, and on it's report two names. were stricken from the roll One of these was worth s20O0O, the other nearly $10,O0o. Diligence on the part of all grand juries would materially reduce the number of unworthy. pension CTS.
 This section, 36 requires all the judges to specially charge the grand iuries on this subject, and it is presumed they do so
 Finally, the board renews it's reconf- mendation made in it's report of 1911 that an executive department of pensions be created by the legislature, and the quail fications of pensioners be clearly defined by law That power be given that de- partment to purge the pension roll and take care that none but the worthy and deserving are admitted to its benefits. The board does not suggest that the pen sion department shall have absolute rower or discretion in purging the roll or admitting new names to 1t. but that il exercise the power to do so under rules and regulations fixed by law. We re- spectfully suggest that your excellency cause bill to be prepared creating such pension department and prescribing it's powers and duties. to be submitted to the legislature when it next assemblies. Tn the event that the Legislature is called into extra session. we suggest that the creating of this department be embraced in the call as one of the subjscts of legls- lation thereat In our opinion no argu- ment is necessary 10 show the necessity of systematic management and sktribu- ton of the pension fund 10 those who are familiar with the workings of the