The Birmingham age-herald., 1913-08-24

sign owing to the constant state of con-
troversy which obtains between those
members. The members of the board are
John c. Webb of Demopois chairman;
General Fred S. Ferguson of Birmingham
and Dr. L. M Wood of Montgomery.
Report to Governor
Their report to the governor is as fol-
| lows:
ITO his excellency, Emmett O'Neal,
Governor of the state of Alabama:
"Sir-The state board of examiners of
| pensions met In all things according to
law, at 500 a. m. of the eleventh day of
August, 1918, and proceeded at once to
the discharge of its duties Having fin
| ished the examination of all the appliea
| tions for pension submitted to US at the
present session, but having other business
which cannot be disposed of now we have
determined that 1t is best to adjourn. sub
lject to the call of the governor some
future day, to take up and dispose of this
unfinished business
THE state auditor submitted to us
| twelve hundred and sixty-nine d269) ap-
| plications from the 67 counties of the state
and after examining each of them accord
| ing to law, four hundred and eighty y-fiva
| (4s5) were granted and seven hundred and
! eighty-four (7S4) were rejected for reasons
| set forth on them respectively.
There are now on the pension roll, of
| all classes and including the four hundred
and eighty-five granted at this session,
seventeen thousand, four hundred ami
| seYenty-four d7,47D. Deducting this num-
| Der from seventeen thousand, nine hun
dred and siXty-eight 0796s) on the roll at
the time of our last report. the result is
| four hundred and ninety-four (49D net
| decrease I'm one year.
! TT has been charged and generally be-
lieved that there is a very large number
| of pensioners on the roll who have 10
| legal right to its honors or benefits. I'M
der former laws-those prior to the act
of April "a, 1911, now in force-there was
great and misplaced liberality on the palt
| of county and state boards in granting
pensions to nearly all applicants An ex-
animation of the original applications, on
| file in the auditors office, show that
very large proportion of them failed to
comply with the law under which they
were made. Everything was construed in
| favor of the applicant, and little, If any,
scrutiny was given to the merits of the
case. IT was this mistaken generosity, i'll
| our opinion that has created this great
roll of pensioners; so great that the re-
sources of the state can pay them only
about three-fourths of the sum allowed
| by law. In our former reports we have
| besought your excellency to adopt some
plan by which the worthiness Of every
man and woman on that roll could be in
| vestigated--we mean of course legal
worthiness-and are gratifed that one OF
| the examiners of public accounts has been
| by you assigned to that duty. His re-
port up to this time as far as made known
| to us, discloses the fact that there are
| hundreds of names now on the roll who
are enjoying its blessings whose military
records are a disgrace to themselves ana
a blemish on the fair name of Alabama
| soldiery. We make these assertions on
the hypothesis that the charges of the
examiner are true.
But are the charges true2 This is
question that this board alone, un-
der the law. can hear and determine
No matter what charge may be made
against a pensioner, he or she is en-
titled to fair and impartial hearing
full opportunity to confront the ac-
cuser and overcome the charge by
counterveiling proof Under no circum-
stances will this board strike any pen
sioner from the roll, unless after a
fair hearing of both Sides We are
reasonably satisfied from the evidence
that the charge is true.
ITO the end that the hearings of
these charges may be had as speedily
and economically as possible, we have
appointed member of the board, Fred
S. Ferguson, Esq, as committee, with
plenary power and authority 20 hear
the evidence on both sides of each case,
and report the same with his findings
of fact and law to an adjourned or
| called meeting of the board for its final
action His duties and authority may
be likened to a master in chancery
and he is instructed by the board to
conform, as nearly as possible, to the
irules of chaneery practice in this state
in his investigation. AS soon as pos
sible after our adjournment he will
begin his Investigations
Az o1r Ntaatiuo In 1911 and 1912 wp
were disposed TO be lenient with ap-
plcants for pensions in the prepara-
tion of their petitions and schedules
because the law was new. and not
clearly understood by the county boards
but at this session we have deemed
it the part of wisdom. as 1t Is of JUS
tice. to administer the law strictly.
Section IL of the act of April %.
1911, requires us, alter carefully ex
amining the applications. and consider
ing all the information given us by
the county boards, to arrive at an
Equitable decision," but before we
can consider any application, equitably
or otherwise, there are two jarisdic-
tional fact that must positively appear
First, the petition must be verified
by the affidavit of the applicant, and,
second. the schedule of property must
be verified in the same manner I'm
less both of these affidavits are duly
made and shown in the application, this
board has no lawful authority TO con-
slider 1t. 1t is safe to say that three
fourths of the reflections at this session
We're caused by this fatal omission. 1t
is no part of our dury to criticise the
county boards, but how they can enter
tain and recommend applications for
pensions. when the petitions and sched-
ules, one or both, are not sworn to
according to sections and of the law,
passes our comprehension. We repeat
what we said in our former reports,
that it is capelessness in the prepara-
tion of the application that causes
nearly all of the reflections.
I'm most of the counties the offlcial
physicians have been more diligent than
formerly in making physical examinations
of applicants, and in certifying the result
to us. Still there is much neglect of this
important duty. Many applicants have
failed because the physician appointed
for the purpose has wholly neglected to
send us a certificate as required by law.
1--WE repeat that in order to obtain
pension under the act of April "A, 1911. the
lonly law in force on the subject, that all
petitions must be made on the blanks pre-
scribed by the state, and that in filling