Daily capital journal. (Salem, Oregon) 1903-1919, 1916-04-27
WIDOWS PENSION
SUIT DECIDED BY
JUDGE GALLOWAY
Four Claims Out Of l6 Are
Rejected As Not Coming
Within the Law
TWELVE GET PENSIONS
UNDER THIS DECISION
Court Holds These Are En-
titled To Be Paid From
Date Of Rejection

N.. ~
Judge William Galloway decided
yesterday that II widows in this coun-
ty were entitled to widows pension
in the famous widow s pension case
which has been before the various
courts of this county for nearly two
years. The opinion of Judge Gallo
way is rendered in an appeal from the
rulings of Judge Bushey in the county
court. Judge Bushey has steadily main
tanned that he was willing to pay indi-
gent and deserving widows an allow
ance necessary for their needs but he
refused to be bound to pay them a
stated sum when they were able to help
support themselves.
In handing down his opinion Judge
Galloway ruled that widows whose
husbands were inmates of the peniten-
tiary and insGne asylum were entitled
to relief from the county court This
has been one of the main contentious
of Judge Bushey that the law was un-
Just as he says that widows whose
husbands are sent to the pen or asy-
lum are led to believe that the state
will support them and that they flock
here from all parts of tine state and
the burden of their support falls upon
the county alone.
Judge Galloway IS decision follows:
"Chapter 42, Act of the Legislative
Session of 1913 providesi
Section One-Every woman, who
has one or more children under the age
of sixteen years, and whose husband is
either dead or an inmate of some Ore
gon State Institution, or by reason of
physical or mental disease is wholly
unable to work, and whose support and
the support of her child or children is
dependent wholly or partly upon her
labor, shall be entitled to the assist
ance as provided for in this act for the
support of herself and Of her child or
children.
A woman whose husband is an in
mate of the state penitentiary or in
sane asylum come clearly within the
provisions of this act but a mother wac
is divorced for any cause. no matter
how grave, and although she may be a
most deserving woman, is barred from
receiving county aid, excepting as a
pauper or INDECENT person.
These appealed cases represent six
teen applications, filed in the spring
and summer of 1913. Testimony wa:
taken in each ease, oral argument was
made, and able briefs submitted by
counsel for plaintiffs and defendant
county. The number of children each
applicant Las varies from one to four
"The applicants might have re
quired the juvenile court to render 9
decision soon after their application
were filed when, upon an adverse de
cision tney had the right of appeal tC
the circuit court, but they saw fit tC
rest on their rights for more than two
years, and court of equity will MOI
grant the relief prayed for during thu
interim of filing in 1913, and before
/ the bringing Of the mandamus proceed
ings, which was in 1918.
"The Court is Of the opinion that
those Of the applicants for aid undei
the act granting pensions to certain de
serving widows, and mothers wnos'
/ husbands are totally incapacitlteJ
from work, should be given the amount
allowed under the act, from the date
of the rejection of their claims by th'
defendant county.
"The Court finds, after a careful
consideration Of all the testimony II
each ease, that the following applicants
come clearly within the act Of 1913
known as The Widow S Pension Law
viz:
"Letitia Yaho is entitled to relic
for three children since September Ith
1915.
"Martha Rebenia Ector is entitle,
to relief for two children since Sep
tember 7th, 1918.
"Aliee Bryngelson is entitled to re
lief for two children since Septembe
7th, 1915.
"Ellen NJ. Tucker is entitled to re
lief for two children since Septembe
7th, 1915.
"Eva NJ. Wolfe is entitled to re
lief for four children since Septembe
7th, 1915.
"Zora T.. Baker is entitled to re
lief for one child since September 7tt
Il91j.
"Matilda f. chamlee is entitled t
relief for one child since Septembe
9TH, 1915.
"Carrie NJ. Chlse is entitled to RI
lief for three children since Septembe
7th, 1915.
"Mary Coyey is entitled TO relic
for one child since September III
| 1915.
Alice Lewis is entitled to relic
for four children since September III
1915.
"Jennie NJ. White is entitled 10 r,