The weekly times-record. (Valley City, N.D.) 1912-1922, 1915-09-16
Says Mothers
Pension Law
Is Not Good

jamestown, Sept. THE applica-
ton of Josephine Fahey for a moth
er's Pension" came on for hearing
and consideration Aug. 4, at 10 q. m.
R. D. Chase, states attorney, appeared
especially for some Of the county COM
missioners and objected to the juris-
diction of the court on the ground that
only one county commissioner was
served with notice, which objection
was overruled.
The states attorney then filed an:
swer to the petition and objected to
the jurisdiction of Judge J. U. Hemmi
on the ground that the so-called
Mothers Pension" law, is unconstitu-
tional and void and also made other
objections.
The court overruled all the other
objections raised and took the Ques-
ton of constitutionality under advise
ment., After hearing the testimony
Of Mrs. Fahey, the further consider
alton was postponed to Sept. Z.
The case came up Tuesday morn
ing at 10 am. and the court made the
following findings:
That the said law, House Bill No.
11S, Laws Of 1915, is unconstitutional
and void.
1t is ordered and adjudged that the
said application for mothers pensions,
be, and hereby is denied, and that all
proceedings Hereunder be, and same
hereby are, dismissed with preju-
pice.
We are loath to pronounce the
Mothers Pension" law unconstitu-
tional; but careful examination Of
section Ill of the constitution and
House Bill No. 119, laws of 1915,
impells US to that conclusion.
The jurisdiction of county courts
is limited within certain bounds by
the constitution, towit: Probate
and testamentary matters, the ap-
poinment of administrators and
; guardians, the settlement of accounts
of administrators, executors and
guardians and such other probate
jurisdiction as may be conferred by
law" It also provides for jurisdic-
j ton in certain civil and criminal
cases conferred by majority vote Of
electors in counties having the neces.
sary population. A small number of
the counties have adopted this Tin.
creased jurisdiction" for county
courts. This increased jurisdiction
may also be abolished by a majority
}, vote.
:, Said house bill, section 1, provides
:, In every county in the state of North
Dakota any woman who has one or
: more children under IA years of age
| who are dependent upon her for sup.
port shall receive an allowance of not
more than SIS month for each such
| child, such sum to be paid out of the
; county treasury as hereinafter pro.
vided." E.. .
Section provides: "such allow.
ance shall be made by the county
court and only upon the following
. conditions"
\ After enumerating the conditions
section 4 provides that the county
court may modify or discontinue such
allowance
Section s provides for the filing Of
an application, the giving of notice Of
), hearing to the overseers of the poor
of the city, town or village where the
applicant resides, and the county com.
missioners; also for appeal from the
action of the county Judge to the dis
trict court. III
! Do the provisions of this bill, and
the powers therein conferred upon
county courts, come within the pre-.
scribed limits Of the constitution?
! We know Of no other state with q
! like constitution and similar stat.
4 ute, hence we have no precedent "a
I guide us.
| The word probate" when used in
matters of jurisdiction of county
courts or probate courts, relates to
the establishment Of wills: the word
administration relates to the man.
agement of estates of deceased per.
sons and incompetent or insane per.
sons and minors. The appointment Of
administrators, executors, and guar.
dams is for the purpose Of having
some one manage the estate Of dece.
dents and incompetent persons or the
/ protection and care Of incompetent
persons (Which includes minors).
! It is clear that the said bill applies
to all county courts and not merely
/ those having increased jurisdiction. =
It is also clear that it does not apply