Montana labor news., 1939-08-03
STATE WELFARE BOARD
TO Be GUIDED BY 5U-
.pREME COURT RULING

Al a meeting of delegates from
Silver Bow labor groups on July q
with the State Welfare Board it was
very plainly seen that the board
would not pay any attention to the
ruling of the State Board of Exam
liners, unless they get a decision on
the legality of the action of the ex-
aminers from the Supreme Court.
On July 10, the Board of Exam
liners held a hearing in Helena on
whether or not an emergency exist
ed in Montana in the welfare of the
people. After hearing testimony
from County Welfare Boards and
groups from different parts of the
state, they ruled that an emergency
did exist and moved that the We'll
fare Board could exceed their bud
get and care for the people.
Now let's see where the Board of
Examiners got their power to act on
this. Chapter 40 of the 25th session,
1887, says that the Board of Exam
liners can declare an emergency in
any state department whose appro-
priation does not cover any unfore-
seen emergency that may arise and
the State Welfare Board comes I'M
der that ruling. The Welfare Board
says Chapter 40 has never been used.
Let's see whether it has or not. The
Supreme Court used it in their own
department, only instead of going
to the Board of Examiners they ruled
on it themselves. The Legislature
gave them the right to hire a stenog-
rapher but made no appropriation
for salary for the office, and the
court ruled that since the Legisla-
ture created the job, the salary must
be paid and warrants were issued to
pay the stenographer. Now what is
the difference between a stenogra-
pher and a person who through no
fault of his own finds himself out of a
job and dependent on the State Wei
fare for subsistence? Chapter 80 of
25th Session of the 1887 Legislature,
which by the way is the same session
that Chapter 40 became a law, says
that any family or person in the state
after an investigation by the County
Welfare department are found to be
in need of assistance are entitled to
an amount compatible to decency
and health. It does not set any
given amount, and for this the Legis-
lature appropriated a sum Of money,
and if through lack of employment
or curtailment in industry the case
load becomes so great that the money
appropriated is not sufficient to care
for old age aid to dependent children
and general welfare an emergency
does exist and Chapter 40 will apply
in this cas as in the case of the
stenographer in the Supreme Court.
Now let's see what our State Vel
fare department has to say about
the Board of Examiners. They say
the examiners did not use the right
procedure. A meeting was called
by that body and the secretary of
state and attorney general were pres
ent. The third member, who hap
pens to be the Governor, was in a
hospital at Great Falls and if the
people waited until he attended a
meeting a decision would never have
been made, but the two members
who were present held the hearing
and were a majority of that board,
but it so happens that our Welfare
Board was appointed by the mem
Der who was not present at the hear
ing so it is only to be expected that
they will ignore the decision and go
over the head of the party that APP
pointed them. The only means the
people of this state have to get any
help from the welfare department is
to recall the judges of the Supreme
Court from vacation and have them
render a decision on the ruling of
the Board of Examiners.
Some will say that this relief
should stop. I would agree with
them if there were jobs for these
people to go to, but there are about
three thousand miners working in
Butte and seven thousand men for
those jobs. Who is to care for those
who are not lucky enough to be
included in the three thousand
working. It certainly is the charge
of the state to care for these people.
1t is often said that ours is M of
the richest states in the union, yet
we have families i'll fed, poorly
clothed and very poorly sheltered.
S. J. G. c.