The Hartford herald. [volume] (Hartford, Ky.) 1875-1926, 1913-05-07
Will Now Be Taken To
Court of Appeals.
STATE FISCAL COURT DECIDES
Old "Vet" On Clutches De-
tends Companions In
Lost Cause"
Is NOT A MATTER OF CHARITY

Frankfort, KY, May 3.-The
Confederate Pension Act passed by
the last General Assembly providing
for pensions for INDECENT soldiers
was declared constitutional to-day
by Circuit Judge r. l.. Stout. Judge
Stout entered an order instructing
the State Auditor to issue warrants
to Confederate veterans for the
money due them.
First Assistant Attorney General
Chas. Morris, who was present when
the decision was handed down,
notified the court that he would
prepare an appeal at once and the
case will be taken to the Court of
Appeals for final decision.
In rendering his opinion to-day
Judge Stout remarked that the
principal contention of the State
was that the Confederate soldiers
should not be pensoned, as they
had not rendered any service to the
State of Kentucky during the war.
He said that he differed from this
View, as he believed that they had
rendered a great service and should
be pensioned.
The constitutionality of the Con-
federate Pension Act was argued
to-day in the State Fiscal Court be-
fore Judge Stout by Assistant At
torney General Morris for the State,
and Col. ]. j. Stone, Commissioner
of Pensions, and Judge James H.
Hazelrigg, for the Confederate vet
Grams. The principal speech was
made by Col. Stone. who stated that
although he was not a lawyer, he
felt it Hist duty to be present and
say a word for the Confederate SOL
diers.
Col. Stone presented very i'm
pressive picture before the court.
He apologized to the court for his
awkwardness in resting on crutch,
stating that nearly fifty years ago
he had lost his right leg under
Confederate flag on the battlefield,
taph to mark his last resting place
than HE was an honorable Con-
federate soldier"
The principal objection to the
bill made by the State was that 1t
is in violation of the Constitution,
as it provided for the distribution
of public money to persons who had
not rendered a public service and to
this position Col. Stone took grave
exceptions. as he insisted that the
service of the Confederate veterans
fighting to maintain the principles
of States rights was the greatest
service that could have been rem
dered the country. Besides, he in
sisted that the same principle ap-
piled to all public institutions and
that If the Confederate pension law
is unconstitutional then so is the
law providing for the maintenance
OF asylums. normal schools, etc.
Col. Stone said that the question
of the State attacking the validity
of the Confederate Pension Act was
the first time the question had ever
been raised In the history of the
world, where the pension for old
soldiers had been attacked. Col.
Stone told of the monuments that
had been erected to the dead he
roes of the confederacy by the
State of Kentucky. which he said
were fifty-three in all, and paid a
tribute to the Daughters OF the
Confederacy for the noble work
that they have done in perpetual
ing the memory of the Confederate
soldiers
Having disposed of the prelimi-
mary statements. Col. Stone then
went into what he calls the merits
of the Confederates' contentious
fot' the validity OF the bill, and in
sisted that the Confederates were
not asking for charity or privilege,
but that they had bought the right
TO have reusions with their blood
and hardships, and said The State
of Kentucky owes II to us to keep
her contract and take care of the
INDECENT soldiers for the work the
Confederates have done In building