The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1913-10-02
OPINION OF ATTY GENERAL
District attorney Secures In5erpreta-
ton of Law and Court Will Not
Make ANY Orders on County Treas
urer Until Co, Board Provides Fund.

No pensions will be ordered paid for
dependent children in Kenosha county
under the so-called I" Mother IS Pension
Law until such time as the county
board shall Approximate a special fund
TO be used in paying such pensions.
This decision has been reached by
Judge Randall and he bases his deci-
sion on ruling of the attorney gem
eral furnished to District Attorney A.
l. Drury The opinion of the attorney
general must be held as a construction
Of the statute until such time as the
supreme court has decided a case in
which the statute is called into ques-
ton. Following the appliation for the
payment of pensions the municipal
Judge instructed the district attorney
to take the matter up with the attor-
ney general The opinion of the attor-
ney general follows:
In your favor of September 9th
you state that an application has been
made for aid Tor dependent children
pursuant to chapter 600, laws 1913, and
you ask my opinion as to whether the
county treasurer can be required to pay
out any money under this law before
tho county board has made an appropri-
alton for such purpose.
Chapter $50 creates section 573f,
Wisconsin Stats, subsection l of which
provides for an appliation to the prop
er Juvenile, municipal or county court
in behalf of a child dependent upon
the public for support to determine
the status of such child and to grant
aid to it or to it's parents = or,
in case the court shall find it is mani
testify for the best interests of the
child that it be removed from it's home,
then and in such case only to
commit such child to the state pub
lie school, =. -
Subsection 3 provides that:
If in the discretion of the court, it
is manifestly for the best interest Of
said child that it remain in the home
Of the parent or parents it shall
enter an order directing the county
treasurer to pay, at stated periods, to
such Office or person as the court
may designate ~ for the benefit
of such child, such sum as it shall
deem sufficient y Y NJ If the court
shall find that it is manifestly for the
best interest Of such child that it be re-
moved from it's home, then and in such
case only the court shall commit such
child to the state public SHOOT, or may
place it in the home of relative or
friend of the family, or make such
other disposition of such child as it
may deem wise 1882
Subsection 8 provides:
The county board of supervisors
may annually appropriate out of the
funds in the county treasury such an
amount as it shall deem sufficient to
carry out the provisions of this Sec
ton Money so appropriated shall be
placed in a special fund and shall be
paid out by the county treasurer upon
order of the court having jurisdiction
to receive applications and grant aid
under this section.
1t seems clear that the county treas
urer is authorized to pay out money
for aid to dependent children only
from the special fund created by an
appropriation by the county board for
that purpose. The making of such an.
appropriation is permissive with the
county board, not mandatory The pro-
visions Of subsection is that the
county board may appropriate, not that
it shall appropriate, etc While the
word may is sometimes construed to
mean must in cases where the pub