The Madisonian. (Richmond, Ky.) 1913-1914, 1913-06-24
CONFEDERATE
PENSION ACT
or 1912 CONSTITUTIONAL is DE.
cisloN OF THE COURT OF
APPEALS.
FINANCIAL PROBLEM IS FACED
Disbursements Will Be Greater Than
Available Funds-Payments May
Be Deferred Until Assembly
Meets.

Western Newspaper Union News Service.
Frankfort, Ky.-The Confederate
pension act of 1912 is constitutional,
declared the Court of Appeals, and SOL
diers who fought in the Confederate
army for the principles of state sover-
eighty performed a public service to
their respective states as much as did
the soldiers of the Federal army The
court renewed the causes leading up
to the war between the states and
Kentucky's attitude, and argued that
the war between the states, instead of
being war of secession" wrought
a revolution" and the 'Union as the
fathers understood it was merged into
q nation" The opinion, from which
Judge Lassing dissented, all the court
sitting except Judge Mum, was hand
ed down by Chief Justice Hobson in
the case of Henry NJ. Bosworth, au-
ditor, against James Harp. The Frank
lin circuit court had granted writ of
mandamus to Harp, a Confederate vet
eran, to compel the state auditor to is
sue a warrant for his February pen
TO issue warrants for the claims al
lowed up to February because his
bondsmen had questioned the constitu-
tionality of the act, and he and Capt.
= W. J. Stone, state pension agent, ar
ranged this test case. Capt, Stone, who
is not an attorney, was permitted to
address the Franklin circuit court and
again the court of appeals, a copy of
his speech being filed at the request
OF the court, with the briefs in the
case. Judge James H fHazelrigg and
D. L. Hazelrigg and ]. w. Blackburn,
Jr, of Frankfort, volunteered their
services as attorneys.
If the provision of the Confederate
pension, declared constitutional by
the Court of Appeals, that "the audi
tor shall issue his warrants upon the
treasury for the respective sums and
the treasurer shall forward treasury
check to the address of the pensioner,"
is mandatory in requiring the pay
ment of pension claims with checks,
the fiscal officers of the state have a
financial problem to solve. The Pen
sion Board has so far approved 504
claims, and 1890 more claims are
awaiting the action of the board. Two
quarterly payments have been passed,
pending the decision of the court of
appeals, and another is due in August.
These pension claims when. allowed
drawn payment from the date of ap-
plication. Many of them will be en-
titled to years pay at $40 the month.
Ii the remainder of the claims are al
lowed before August, it is estimated
that the state will face a disburse-
ment of from 100000 to $325,0O0, and
the longer it is postponed the heavier
the disbursement will be. The state
has less than half that amount in the
general expenditure fund and little
revenue will be coming in for several
months 1t is possible that, if the pay
ments can not be made in interest
bearing warrants, payment will be de-
ferred until the general assembly
meets and sets aside special levy for
the payment of pensions. A levy OF
21h cents will take care of it.
Capt. w. J.. Stone, state pension
agent, has asked the auditor and
treasurer to hold conference with
him in regard to the situation and de-
eide definitely what they will do, SC
that he can satisfy the pensioners.
who will be inquiring of him when
their money will be forthcoming.