The Bozeman courier. (Bozeman, Mont.) 1919-1954, 1923-02-14
SOLDIER BONUS IS
UNCONSTITUTIONAL
OPINION HANDED DOWN BY
STATE SUPREME COURT
HOLDS STATE CAN NOT
AID VETERANS.
Opinion BY GaLen
Justice Galen, An Ex-Service
Man, Writes Important
Decision Of the Su-
preme Court.

The soldier compensation referen-
dunn measure voted by the people Of
Montana at the election in November
waz declared unconstitutional in an
opinion by Associate Justice A. j.
Galen delivered by the state supreme
court Saturday morning.
Justice Galen in his opinion stated
that ''of the several grounds for at
tack against the constitutionality Of
the act. in our opinion but one thereof
is necessary to be considered, determ-
inative OF the case: Does the act
contravene the provisions of Section
OF Article IL of the constitution, in
that 1T authorizes OF purports to au-
thorlze the state to give or loan its
credit to aid of individuals, or make
donations or grants to individuals?"
! The opinion continues to the effect
/ that that section Of our constitution
reads IN part as follows: Neither
the state nor any county, city, town
or municipality, nor other subdivision
OF the state SHAH ever give or loan
its credit in aid of or make any dona-
tion or grant by subsidy or otherwise,
70 any individual, association or cor
poration.'
1t IS pointed cut that taxes shall be
levied and collected by general laws
tor public purposes only, according to
the provisions of the constitution.
Citing an opinion on constitutional
law, regarding the sovereign power of
the United States, it is held that
there rests no legal duty on the state
to reward those who battled for the
preservation of the nation; the legal
obligation runs the other way. The
J nd TxYIrf rfr1n al 4 -
come TO the defense of his country in
time Of war, insurrection, or invasion,
whether compensated or not
Nor can the act be sustained with
in the limitations of our constitution
. upon the ground that the money au-
thorized to be paid is for a public
purpose" Associate Justice Gaien's
opinion holds.
Clearly the payment of a bounty
to those who served in the military
establishment of the United States
during the World War Is not public
purpose of the state after the termtn-
: alton of the war within the purview
- of the constitution. The obligation
. rests primarily upon the United
e States government, if anywhere, TO
n make suitable provision and allowance
el to those who rendered military serv-
: ice rather than upon the state as one
It Of the units of the United States,
e rather than of the state of Montana.
= There being no legal obligation TO
e pay, it amounts to a mere gratuity or
: donation and the expenditure proposeA
n not being for governmental purpose,
5 cannot be considered as a public pur-
l. pose within the purview Of the con-
= stitution. Decisions from a number
If of states have been by US considered
y and reviewed, upholding a cash bonus
'e under somewhat similar constitutions
1t al limitations to our own, but we can
k not and do not agree to the reasoning
or applicability thereof to our consti.
4 tuition. Rather, we are impelled rc
II follow and apply the very plain man.
l. dates of our constitutional limita-
r tions."
ii In conclusion Justice Galen said:
Continued on Page Ten-)