Vernon County censor. [volume] (Viroqua, Wis.) 1865-1955, 1919-10-22
SOLDIER BONUS LAWS
UP To SUPREME COURT
SUIT TO TEST CONSTITUTION.
Atty OF ACTS
Governor Declares Litigation Essen
tial Before Money is Paid Out
Hearing on November

The constitutionality of the soldiers
bonus act, approved by a referendum
vote ON September 2, and the soldier
educational bonus law, enacted in spe-
cial legislative session, involving $685.
100000 and affecting $4,000 Badger
war veterans, will be tested following
filing of suit in the Wisconsin Su-
preme court last Wednesday.
Suit is brought in a friendly action
to determine the legal status of the
two soldier acts. In complying with
the legal forms, action is brought
against State Treasurer Henry john
son, the state board of education, in
charge of the administration of the
educational law; the service recogni-
tion board, administering the bonus
law, and the emergency board, COM
posed of Gov. F. l.. Philip, Merlin
Hull, secretary of state, and Mr.John-
son.
The supreme court has taken i'm
mediate recognition OF the matter and
has fixed Nov. s as the date for hear
ing on the application.
The two laws, to be tested separate
ly, involve $25,000,000 in taxes, of
which 100000 goes to the bonus
law and $10,000,000 for the education
al law
Because the suit is brought really
in the name of the state. Gov. Philip
has appointed H. l.. Butler, Madison,
to present the matter against the law.
Atty. Gen. John J. Blaine will argue
in behalf of the validity of the laws.
Following the application in the Su-
preme court Gov. Philip made public
| the following statement reviewing the
| situation:
"The question of the constitutional
| ity of the two statutes raises serious
problems for the states officer. The
amount of money involved is large
| in fact it runs into millions. Able
| lawyers in Madison and Milwaukee
have raised sufficient doubt on the
question of the constitutionality OF
these statutes to compel a court re-
view in order to settle permanently
all questions about the validity of the
laws.
Taxpayers Might Sue State
1.-THE necessity for the action be-
comes apparent when one considers
the results that might follow if al
some later date taxpayer who is 9
resident in the state should come tc
| the court and the court should sci
aside either or both statutes. If the
complainant be nonresident tax
payer and goes to the Federal court
which would be his privilege, and the
act should be held unconstitutional
| there the situation would be ever
more complicated If the treasurer
pays out sums of money and the act
under which the money is paid out
is held unconstitutional, he and his
bondsmen will become responsible fol
the money paid.
"In the case amount is so large run
ming into millions as it does, that it is
lanunreasonable responsibility to place
upon the state treasurer. In faci
some of his bondsmen have already
raised a question about the constitu
! tionality of these laws. They have
not said what action they would take
however, it may be reasonably expect
ed that unless the state makes tht
test they will probably withdraw from
the bonds. They would prefer to d.
that rather than to go to court anC
pay the cost that they would be sub
iected to if they should attempt it as
corportions.
"There is another situation has
come up in the last week or ten days
Many counties in the state have de
cided to issue bonds for the part thai
they must pay under the soldiers bon
us law. Such action immediatel!
raises the question of the validity o.
such bonds, and the state must be il
position to give the county boards alb
solute assurance upon the question.
Many Questions Raised
/ Ic Of
| so far as the state is concerned, and
hope that neither the soldiers nor tn,
young people who have taken advan
tage of the educational feature will
| feel in the least alarmed The peo
pie must. however, understand thai
state officers con not afford to tax,
the enormous responsibility that rests
upon them for the collection ard pay
ment of these large sums of money
without the assurance that the author
ity under which they do it can not bt
challenged"
The legal questions which are pre-
scented by the application to the court
are in substance as follows:
"Whether, the purpose for which
the taxes are levied is a public pur-
pose within the meaning of the consti-
! LuLlDil.
"Whether the granting Of aid tc
those who served in the forces of the
| United States during the war is q
matter of exclusive federal jurisdic-
ton.
whether the act is discriminatory
as between different classes of tax
payers.
"Whether the legislature has I'M
lawfully delegated the power which
resides in it exclusively to levy taxes
"In view of the fact that the two
laws are required to be administrated
by different boards, separate suit is
contemplated to test the validity OF
each law. The issues in the two suits
substantially the same"
DEER MOLESTRICHLAND FARMS