The Birmingham age-herald., 1913-12-12
Taxes on Shipper

committee, bnt generally they were cumu-
latiye of testimony already offered and
| duly considered. 1t is probable that the
| board has made some mistakes; that it
has retained pensioners on the roll whom
| Il should have stricken, and stricken some
| who should have been retained; but in
every case it fully considered the evil
| dence before 1t, and as nearly possible
| decided impartially and according to law.
1t kept in mind the fact that the pension
law of the state was not intended to
create a charitable institution, but to es-
tablish a roll of honor for the veterans
of the state. Should any such errors be
made known to the board it will cheer
fully and promptly correct them. lhe
law provides a method by which they may
again apply for pensions
"As to the complete and lawful au-
thority of your excellency TO institute
this examination and correction of the
pension roll, and of this board to carry
it into effect, as it has done. the fol
lowing authorities are relied on and
submitted:
"Pensions are the bounties of tile
government which Congress has the
right to give. withhold, distribute or
recall at it's scretion."-Walton VS.
Cotton, so Z. S. 355; Friable VS.. United
States, 157 U. S. 100
From these two cases it is clear
that there is not and cannot be any
vested right in government pension,
as has been claimed by few who
nave criticised this proceeding.
''In Manning VS.. Sprey, 121 Iowa, 1911
a pension is defined to be- a mere
bounty given by the government in
consideration, or recognition of meri-
torious past services rendered by the
pensioner or by some kinsman or an
cestor."
ITO the same effect are Aetna Insur-
ance company VS.. Jones, S. C. 59 S.
e. 14S; Pierce VS.. American Savings
society. Ga Conn. 36S; Anderson law
dictionary. 1877; Moore VS.. Robertson. 9
Hawaii. 1876; Sec. so, act April "a, 1911,
Pension secured by misrepresenta :
tion stricken from record. If it shall
be ascertained that any pensioner Sc.
cured the grant of his pension by mis-
representation either by himself or
others, his name shall be stricken
from the pension roll of the county and
state and the facts reported to the
grand jury for their investigation.
THE pension law now IN force in
Alabama bases its first qualification
for a pesion on faithful and meritorious
service in the army or navy of the
Confederate States of America, or In
some instances, to the state of Alabama
during the war between the states.
and prescribes how and in what mar
applicant who complies with the re-
quirements of the law is eligible to n
pension and must be enrolled as a pen
sioner, provided he Is at the time WORTH
less than $4,000 in real and personal
property, and after his death his widow
is eligible. unless she has children who
are able and willing to support her.
THE requirements of all former laws rn
the subject, in this state were substan-
TALLY the same, the only material diff
ference being the amount of property
which would disqualify the applicant.
"It follows from the foregoing authori-
ties that all pensions in this state are
based meritorious military service In
the army or navy of the Confederate
| States of America during the civil war.
| This. legally proven. entities the man who
| rendered that service to be enrolled as
| q pensioner. provided he proves, accord
| ing to the law that he is worth less than
| $1,000. All of the legislation of this state
| on the subject Of pensions has been. and
| is designed, for the benefit of the faith
full soldiers and sailors of the Confed-
eracy,. provided they are in needy cir