Daily capital journal. (Salem, Oregon) 1903-1919, 1914-12-22
COUNTY COURT MUST
COMPLY WITH LAW

Holding that the act of the legisa.
tive assembly of 1913 commonly known
as the widow pension act, creates =
liability against the county; that it is
the duty Of the county court, when ap.
plcation is made for a widow 'S pen.
sion, to investigate the facts concern.
ing the applicants eligibility to re-
ceive pension aud that mandamus
proceedings is the proper legal course
to pursue when the court arbitrarily
refuses 10 consider an appi'atio upon
the mere assumption that the applicant
is not entitled to the relief sought, the
supreme court this morning affirmed
the decree Of Judge Holmes Of the
circuit for Polk county, compelling the
county court Of that county to con-
slider the appliation Of Mrs. Maud Ena
Zachary for pension of $40 per month
for the support Of herself and five
minor children.
Mrs. Zachary's husband, John Robert
Zachary, was committed TO the pcni.
Tertiary from Marion county, April 49,
1914, for term of three to 20 years,
aud claiming her residence in Dallas
Polk county, on May 9, 1914 she made
application for widows pension, The
Polk county court refused to even en-.
terrain the application on the ground
that she was not legal resident OF the
county, without making nn inycstiga'
ton into the facts surrounding the
caco, neither did II render any decision
from which an appeal could be taken
but arbitrarily dismissed or refused to
consider the application.
The supreme court, in reviewing the
order Of hte trial court In granting the
writ Of maudamus, states that If the
county court had found that Mrs. Zach
airy was not a resident Of Polk county
or that her children were earning
enough money to support them, the
mandamus would not lie, but when the
court refuses to entertain application
and does not act as q court In the mat
ter, mandamus is the remedy to acquire
conformity to the statute. The opinion
Of the supreme court was written by
Justice Eakin.
This case is of more than ordinary
local interest since some eases Of q
similar nature have come up for con
sideration before the county court for
Marion county in which the court has
refused TO grant applications for pen
sions for INDECENT widows and in ono
Of which County Attorney Ringo
threatened to bring mandamus pro-
ceedings against the county court Ia
compel the granting Of m application
for pension about six months ago.
l. In the Marion county cases. however
County Judge Bushey states that IN
every instance whore an application
was made for widows pension the
court investigated into the merits Of
the individual eases aud whore relief
was necessary the county made pro.
vision for such relief out Of its in.
lgent fund aud whore II appeared
that the applicant was not entitled TO
the relief sought the application was
denied. The Marion county court takes
the position that the widows pension
net works an additional and unjust
burden upon the taxpayers and Is open
and subjected to excessive abuse
-.--s-..-
The Taxpayers League will meet
tonight AT the court house, ot 1880
o'cloelt. Al Taxpayers are urged to
attend aud participate IN the meeting,
q
A two yoar.old steer that won sec.
ond prize in the Portland livestock
show was hung mp IN front Of the Y.
IL. Cross meat market this morning.