The Butler weekly times and the Bates County record. (Butler, Mo.) 1918-1950, 1921-12-29
S1s 100000 BONUS BILL ON
TEST IN SUPREME COURT
on Measure Are to be
Heard Next Friday.

mcnts in the suit to test the validity
Of Missouri's $Is,ooo,ooo soldier
bonus act will be heard in the su'
prcme court next Friday, the case
having been advanced on the docket
in order that a decision can be hand
ed down within few weeks
The case was taken to the supreme
court on an appeal after Circui
Judge Slate has overruled demurrer
which had been filed by Attorney
General Barrett The suit, which is
i'll the nature of friendly proceed
ing, asks for a writ Of prohibition tc
restrain State Auditor George Hack
mann from registering the $I5,ooo,-
600 and to prevent the issuance OF
any part of the bonds.
The suit was filed by w. I. Ruth
crford. bond attorney of ). Louis,
who was employed by the Missouri
bonus commission to take action to
test the validity of the bonus meas
ure before any bonds were issued.
The ruling in the circuit court was
agreed upon by the attorneys as the
quickest method Of getting the case
before the supreme court. where 1t
will be argued and decided upon its
merits.
Rutherford has raised a number of
grounds on which to test the validity
Of the act These included the con-
tention that the act is unconstltu-
tional because the amendment au-
thorizing the legislature to submit
the question to the people was not
properly published in the newspapers
Of Pcttis county; that the joint and
concurrent resolution Of the lcsisla-
turc submitting to the people the
amendment for the issuance OF the
bonds was null and void, that the
proclamation Of the governor was in
sufficient TO authorize the general
assembly to carry out the effect OF
the amendment; that the bonus act
is unconstitutional because it deals
with more than one subject that it
is not effective because it is subject
II Tie referendum.
The demurrer flied by the attorney.
general asked thai Rutberford's suit
he dismissed becauc ii did not state
any real cause OF action,
Assistant Attorneys General Hen
ry Davi and Station ohartcl viii
represent the attorney general in the
arguments before the supreme court
in dufDa>e ut the honus act. Al
though kulhcrlord's purpose is to es-
iabljsf the validity OF the act he
Viii present the arguments against
ITS alleged unconst,tutiouality.
Adj. Cen. w. a. kaupp, who is
chairman OF the bonus commission,
has received figures from the war de-
POI tilSht p'l tliS htiiIlbti VI hI loSouii
men enlisted in the service which
convinces him that several millions
OF dollars will be needed in addition
to the $l5,ooo,ooo to pay the bonuses.
The war department has Informed
him that Missouri had a total of
900 men in the war while the ear
~ estimates placed the number at
approximately 10000. OF the MIS-
sourlans in the recent war, I43,097
were in the army, 1890 i'll the navy
and $500 III the marines. The aver
age service in the army was "A
months, while the average in the
other two branches was II months. 60
a total OF $25,o4o, 900 would be re-
Quired to pay the 100000 men for an
~ cragc service OF Ia months at $40
per month, the amount provided i'll
the bonus act. 1t is believed that a
large number OF the service men will
not file any claim for the bonus.
Should this class of men be as high
as IS per cent there would still re-
III, in SIO,7S4 900 in claims or $685.
600 more than is provided for in the
constitutional amendment.