The New York herald. [volume] (New York, N.Y.) 1920-1924, 1921-09-01
STATE WAR BONUS
DECLARED INVALID,
|. BUT CAN Be REVIVED
Appeals Judges, 5 to 2, De-
eide $45,OO0,OO0 Payment
Is Unconstitutional.
FORBID GIVING CREDIT
Newton and Wendell Hope
Veterans Will Be Paid by
Amendment.
IMPOSSIBLE UNTIL 1923
Commission to Disband After
Test Action Over Validity
of Bond Issue.
IMPOSSIBLE UNTIL 1923

Special Despatch TO THE New YonK HERALD
New York Herald Bureau,
Albany, Aug. 81.
The Court of Appeals. by vote of
five to two, to-day declared uncon-
stitutional the State soldiers bonus
law. under which the people of the
State, by a majority of 100000, last
autumn voted a s45 900, 900 bond issue
The decision automatically stops
preparations in progress all summer
to pay a bonus to every man and
woman Of the State who served in the
world war.
The work has been conducted I'M
der the State Soldier Bonus Commits
sion, which is composed of Adjt. Gen.
]. Leslie Kincaid, Attorney General
Charles D. Newton and Comptroller
James A. Wendell. The commission
will remain in existence only long
enough to send notice of the adverse
decision to veterans living out of the
State who had been informed by let
ter that an application would be mailed
to them
There was talk tonight that a di-
rect State tax might be employed to
pay the bonus.
Gov. Miller would not comment on
this question, but Attorney General
Newton. who defended the constitution
atty of the law in the courts. held
out hope to the veterans. He predicted
that steps would be taken in the next
Legislature to amend those provisions
OF the State Constitution which the
Court OF Appeals held were violated by
rae bonus act.
Might Go to Vote I'm 1923.
He said that II such proposal were
approved by the next Legislature and
that of 1923 the question could be sub
mitted to the people at the 1928 cleo
ton.
1.-THE Overwhelming majority by which
the bonus was carried indicates the dis
position of the people TO recognize In
substantial form the services OF the
veterans of the world war" raid Mr..
Newton. And II is my belief that they
would favor a constitutional amendment
which would have the effect OF clear
ing up any question of the validity Of
the proposal to pay the bonus.
The means Of overcoming the consti-
tutional obstacles are available. All that
Is necessary Ia to amend the provisions
Of the Constitution which barred the
payment of the first bonus proposed.
This operation could be completed In
time to submit new proposition TO the
voters at the 1923 election. and II such
proposal Is adopted payments could
be made slio rtly thereafter"
Opinion ny Judge Andrews.
Judge Andrews wrote the prevailing
opinion of the court. which was con-
CURED In by Chief Judge Htscox and
Judges Crane. Hogan and Mclaughlin
Dissenting opinions were written by
Judges Pound and Cardozo.
Judge Andrews held that the bonus
law was n violation Of that section of
the State Constitution which prohibits
the giving away of the State credit to
or in aid of an individual. He said that
under the bonus law the States credit
was given TO soldiers. while the State
had no moral obligation 10 pay the
bonus after the service was rendered.
He contended that under the State Con-
stitution claims founded on gratitude
could not be recognized by the credit OF
the state.
In his dissenting opinion Judge Car
doza insisted that the claims Of the SOL
diers whether wounded or not, were
founded on a moral obligation. and that.
therefore. the credit Of the state was
not given away for nothing.
Judge Pound declared that the credit
OF the State vas not given away In any
circumstances since only the credit OF
the bond holders was involved. and the /
nothing was given away except the
money OF the State
"HeIp for wounded Postponed"
Judge Andrews in part said
1.-THE logic OF the opinion is not that
the Legislature Ia unable to aid the
wounded. W. cannot too clearly en-
phasize at the outset OF our discussion
that this Is not an act to restore to
health and usefulness those who became
disabled in the performance Of their
duty. To DO this IL a sacred trust.
Every human impulse prompts us TO its
full accomplishment Neglect here spells
disgrace. Yet by this act help for the
wounded is Ut least postponed. For
them as claas nothing is done.
whatever right the State may have
to use Its moneys in making these the
subject OF It's first and devoted considcra-
ton, this right finds no expression In
the present statute. The wounded are