New-York tribune., 1921-09-01
Appeals Court
Knocks Out
State Bonus
Continued from page one)

who occupied a perfectly safe, although
highly useful, desk in a department
stands on level, under this acts pro
visions, with that other who comes
back TO us shattered in mind or body
because of a more perilous service.
What we may say has no bearing
upon and is no definition of the power
of the state to provide for the disabled
for whose prompt and adequate care
there is an insistent and righteous de-
mand.
at is also true that the number of
the benehciaries and the amount they
will receive are indefinite. 1t is now as
sumed that S45,000000 will suffice. 1t
may be so. 1t may be equally true that
far larger sum will be required to
make the payments designed. Nor is
there any assurance that other and
greater debts may not be incurred if
second bonus IS proposed. 1t may be
said, and said truly. that $40 month
will not compensate our soldiers for
their sacrifices. Elsewhere the sum Of
S13 or more has been allowed under
somewhat similar acts. Should New
York, it has already been asked do less
than others? We see no limit to the
Indebtedness with which the state may
be burdened
CONSTITUTIONS Wording
"There is no objection to the act on
the ground that it does not serve a
public purpose. That question, it is
made clear, is settled by long practice
and by the decisions of many courts.
The important question arises under
She wording of the constitution which
provides that the credit of the state
shall not he given CIR loaned to any in
Gividual.'"
The court then reviews the history
of this clause and says it represents
"the triumph of efforts to prevent i'm
providence, to make useless the press
ure of special interests, to safeguard
the credit of the state and {he inter
ests of the people as a whole"
The court continues that the bonus
to the soldiers and sailors is not the
payment Of an obligation to them from
the state. Notwithstanding their serv-
ices and great patriotism the men who
gained the victory were not in any re-
spect servants of the state, according
to the conclusions of the court.
"The state" says the opinion, "did
not call them from their homes or
lead them to battle. 1t did nothing.
1t exercised no authority. 1t is said
that our soldiers were taken from
homes and occupations and compelled
to risk their lives for inadequate pay
while others earned large wages in
safety-that the statute attempts in
small way to distribute more fairly the
public burden. 1t is all true, bu. again
the state was not the actor. Neither
it nor it's servants injured any one. 1t
received no property for which it has
not paid. Nor were services rendered
to it in any sense that services were
not rendered to every city in the land,
"To Give a Reward
ION it's face the act shows an at
tempt not to pay a claiM, but to give
a reward. All, whatever their merits,
are treated alike. No attempt is made
to adjust economic conditions. 1t is
regarded by the public as an evidence
OF gratitude, not as payment. In
his message to Congress the President
here and elsewhere, with regard to
similar acts, have spoken of the pay
ment as gratuity.
The decisions in Minnesota, Wis
consin, Massachusetts and other states
are not in conflict with this decision.
They none of them discuss a section
Of the Constitution similar to our own"
Adjutant General j. Leslie Kincaid,
chairman of the State Bonus Commits
sion, was not in Albany tonight. 1t
was learned that the commission will
continue the DOnuS bureau until no
tification Of the courts decision has
been made to the various American
Legion posts in the state and to the
makers of individual bonus applica-
tions residing outside the state. 1t is
likely that there will be meeting Of
the Bonus Commission either late this
week Or early next week
State Comptroller Wendell said:
''it is to be regretted that law ap-
proved by a popular maj jority OF more
than 100000 votes of the people and
enacted for such really meritorious
purpose should have to be declared un-
constitutional by the Court of Appeals
"Continued hostility by powerful in
fuences TO my efforts to negotiate a
bond issue of $4,000, 600, to make early
bonus payments to veterans of the
World War. reached climax when at