Askov American. [volume] (Askov, Pine County, Minn.) 1914-current, 1932-10-20

ton and as to the financial condition
of her near relatives.
If from the examination, it appears
that the mother has dependent chill
dren that come within the law, the
fact of which must apepar to the
court and to the county attorney, the
court is compelled TO grant an allow
ance.
See Opinion No. 1O9 of the Attorney
General of Dec. 31st, 1925, part of
which reads as follows
You inquire:
Il. Whether the Mothers Pension
law is compulsory, and whether the
county must allow the pension upon
the proper application and upon
proper showing of facts. Yes.
Under section 1871 G. S. 1923. as
amended by chapter 355, Laws of 1925,
whenever the court finds any child
under the age of 16 years who is reg
ularly attending school, if physically
able or of school age, or who is under
school age, or who through physical
employed, to be dependent, then it
becomes the duty of the court to in
vestigate and make findings of fact as
further specified. If such findings of
fact are such as to warrant the allow
ance of a compensation, it is clearly
the duty of the court to make an or
der allowing the same. 1t seems clear
to me that if these findings of fact are
favorable, there is no discretion left
in the court. The widow is then en-
titled to the compensation as the law
provides"
The amount of the allowance is
then taken up. At no time has there
been an allowance granted in excess
of what the county attorney deemed
right and proper in each particular
case.
Should any taxpayer believe that a
pension has been granted illegally or
that the amount of the allowance is
unreasonable, the matter can be taken
up under Paragraph No. 867S General
Statutes of Minnesota 1923, which
reads as follows:
"RECONSIDERATIO UPON COM
PLAINT-APPEAL. Upon complaint
being made to the county attorney by
taxpayer of the county that any per-
son is unlawfully receiving an al
lowance out of the county funds on
account of an alleged dependent child
it shall be the duty of the county at
tOrney to investigate such complaint
and if he finds it to have probable
the court by appropriate proceedings.
The court shall hear such evidence
and argument as shall be offered and
shall thereupon make its order con-
firming, modifying or setting aside the
order complained of, from which deci-
sion an appeal may be taken as in
civil action"
The mothers who are getting pen
sions in this court appear to be truth
full women and all of them give writ
ten reference to reputable citizens
who know of the facts necessary TO
entitle them to pension. No court
can cOnscientiously or legally disre-
gard the sworn statements of these
women unless it is met by sworn
statements to the contrary. Any tax
payer of the county who can furnish
proof against any Mother pensiOner
will be heard by the probate court or
he may make complaint to the county
attorney under the above mentioned
law. Rehearings have been had in
all cases where it has been requested.
My opponent for the office of Judge
of Probate has been writing articles
on Mothers Pensions which have ap-
peared in the three last issues of the
Hinckley News.
All of the sections of the statutes
of Minnesota quoted above have been
quoted by him, but he has quoted
matters that do not apply to the Pro-
bate Court of this county.
In his first article of Sept. goth he
states:
Grandparents, brothers, sisters and
other relatives, if financially able,
shall be held for the support of de-
pendent children"
Assuming that this is the law, to
force them to support an action would
have to be started in the District
Court, and possibly in another county
or in another state.
The Probate Court has no power to
compel such contributions.
In his last article of Oct. 18th he
cites the law relating to child welfare
boards.
In answer to this will say that when
this county had a child welfare board
all applications for mothers pensions
were referred to said board and as l
recall it their recommendation were
followed in every case, both as to
whether or not there should be an al
lowance, and if so, the amount of
same.
In his last article also appears the
following:
'Answer-"Every family to which
an allowance has been made shall be
visited at its home by a representa-
tive of the court at least once in three
months" Etc.