Mountain advocate. (Barbourville, Ky.) 1904-1935, 1913-03-14
PENSION
WARRANTS
State Law Department
Doubts Constitutional
ity of the Act and the
Matter Will BE Put Up
To the Courts

FRANK FORT. Nv. March 10 -
State Auditor nosworth was adj
vised in an opinion by Assistant At
torney General Charles II. Morris
that there is sufficient doubt about
the constitutionality Of the Coined.
crate pension act to Justiio the Au-
ditor in refusing to- issue warrants
for pensions until the courts direct.
ed it to- I've done
Some DAYS ago the Auditor wrote
the Attorney General stating that
his bondsmen had raised y question
as to the validity OF the act, and that
while he was in heart sympaty
with the purposes ct the act, he
w anted ruling on its validity be-
fore issuing any warrants under it.
In response to this the opinion to.
day given the Auditor, which is
fourteen pages long, points out in
detail the parts OF the act which
might prove vulnerable shonld the
act be attacked on the grounds Of
coustitutioualitv.
1t says that it may reasonably
come under the head of class legis-
lation," as it divides the INDECENT.
disabled and poor citizens of the
Commonwealth into two sets, enc
OF which may receive attention and
the other NAV not.
Section 3 of the Bill OF Rights is
referred TO, which says:
"No grant OF the exclusive. scpar-
ate public emoluments or privileges
shall be made to any man or set of
men except in consideration of pub
lie services" and says the pension
act comes very close to being
grant of public emolument TO a set
OF men and is legislation in favor of
class.
The opinion says the Constitutions
of some Southern States that grant
pensions to Confederate soldiers
make provision for such pensions,
and the Constitutions in the other
States granting such pensions do
not contain the restrictions that are
in the Kentucky Constitution. A
number of cases bearing on the
points raised are cited. The opin-
ion concludes as follows:
"For our part, we wouli he glad
indeed, il the few remaining veter-
ans. these old heroes of the Confed-
crate army, could draw the small
Stipened the Commonwealth has al.
lowed them without any question
but we feel safe in saying that there
is not one among the entire number,
I patriotic as he is and as he must he
who would Tor one moment think
of taking from the Commonwealth
one penny, even though it stood
betw him and starvation. unless
that penny came to him legally.
And in strict conformity to the
organic law of the State and to this
end. they ought to and no doubt
will welcome judicial determine
ton OF the validity of the act oy the
court of last resort. and il there
should he expressed the least doubt
as to the constitutionalitv it should
be tested, and we do say there is
sufficient doubt To Justify YOU in re.
iusing to issue warrants until the
courts direct that you should
Nothing definite is known vet as
to when test case will be filed, but
some one or more OF the prospective
pensioners probably will file the suit
within the next few days.
Information was received at th,
Auditors office To the effect that
Generol Bennett II Young OF Louis
Vile. who will represent one OF
more pensioners, will, in the mex
few DAYS, file a suit in the STATE
fiscal court at Frankfort TO test th'