NOTES OF DECISIONS Compensation, 2 Construction and application, 1 1. Construction and application The word "board" as used in this section means soldiers' home board and not the board of county commissioners. Op. Atty. Gen., 394-J, April 24, 1925; Op. Atty. Gen., 122-A-1, April 24, 1925. County funds may not be spent in conducting an election on question of appointment of a county agent. Op. Atty. Gen., 122-A-4, Jan. 21, 1924. 2. Compensation Person appointed under this section to look up or investigate special relief in the several counties is not entitled to compensation. Op. Atty. Gen., 394, Nov. 12, 1938. Where county agent appointed by authority of this section investigates claims made under 197.20, county board may not compensate the county agent for his services in making the investigation. Op. Atty. Gen., 122-A-3, April 2, 1928. 198.14 Transportation When it is made to appear that any person entitled to admission to the home is without means to pay the expenses of travel thereto, the president of the soldiers' home board shall furnish transportation to such person without unnecessary delay, and the cost thereof shall be paid out of the soldiers' home fund. A joint request for such transportation from a county agent of the board and commander or adjutant of a post of the grand army of the republic situated in the county shall be sufficient, in the absence of reasons to the contrary, to warrant such expenditure. Derivation: St. 1927, § 4357. Gen. St. 1923, § 4357. Gen. St. 1894, § 3628. Laws 1893, c. 113, § 1. Laws 1889, c. 202, § 2. HISTORY AND SOURCE OF LAW Gen. St. Supp. 1879-88, c. 35, § 96. Laws 1887, c. 148, § 26. CROSS REFERENCE Free transportation or passes in certain cases, see, also, § 218.31. 198.15 Moneys, how disbursed All disbursements from the funds herein provided for shall be made by the state treasurer upon auditor's warrants, payable to the persons entitled thereto. Such warrants shall be issued only upon itemized vouchers furnished by the board, signed by its president and secretary, and designating the purpose of the expenditure, and the fund from which each is payable. Derivation: St. 1927, § 4358. Gen. St. 1923, § 4358. Gen. St. 1913, § 3966. Rev. Laws 1905, § 1845. Gen. St. 1894, § 3621. HISTORY AND SOURCE OF LAW Gen. St. Supp. 1879-88, c. 35, § 89. Laws 1887, c. 148, § 19. 198.16 Donations; reports The Soldiers Home Board is hereby authorized to accept in behalf of the state any gift, grant, bequest, or devise made for the purposes of this chapter, and administer the same as directed by the donor. All proceeds therefrom including moneys derived from the sale of any real or personal property shall be deposited in the state treasury and credited to the Soldiers Home Endowment, bequests, and devises fund which is hereby created. Said fund shall consist of two accounts, one of which shall include any trusts prescribed by the donor, the other shall include any currently expendable proceeds. Disbursements from this fund shall be made by the state treasurer upon warrants of the state auditor in the manner provided for the issuance of other state warrants. Whenever the Soldiers Home Board shall deem it advisable, in accordance with law, to sell or otherwise dispose of any real or personal property thus acquired, the commissioner upon the request of the board shall sell or otherwise dispose of said property in the manner provided by law for the sale or disposition of other state property by the commissioner of administration. At each biennial meeting the board shall report to the governor all its proceedings during the preceeding two years, which report, with such information and recommendations concerning its work as the board may deem proper, shall be submitted to the legislature in print at its next regular session. As amended' Laws 1945, c. 444, § 1. Derivation: Laws 1945, c. 444, § 1. Gen. St. 1923, § 4359. Rev. Laws 1905, § 1846. HISTORY AND SOURCE OF LAW Gen. St. 1894, §§ 3622, 3623, 3625. Gen. St. Supp. 1879-88, c. 35, §§ 90, 91, 93. Laws 1887, c. 148, §§ 20, 21, 23. The provisions appearing in the last two sentences of the first paragraph relating to deposit of proceeds and disbursement from the fund created and those of the second paragraph_relating to disposition of real or personal property were added by Laws 1945, c. 444, 1. Prior to the amendment the moneys derived from such donations were to be deposited in the State Treasury and credited to one of the funds therein provided for. 1. Construction and application NOTES OF DECISIONS Bequests to the state of Minnesota for the use of the soldiers' home effective after April 22, 1939, the date of approval of the Reorganization Act are subject to budgeting, allotting and encumbering provisions of the Reorganization Act. Op. Atty. Gen., 394-F, Dec. 5, 1944. The soldiers' home board shall not make or enforce any rule, regulation, or bylaw,requiring any applicant for admission to, or any inmate of, the Minnesota soldiers' home to pay or to promise or agree to pay, his United States pension, or any part thereof, or to pay any sum in any manner, to the soldiers' home or to any board or officer or employee thereof, or to any department or fund thereof or appertaining thereto, or to part with or to promise to part with such pension, or any part thereof, or of any sum of money, as a condition of admission to such soldiers' home, or as a condition to remaining an inmate thereof, or as a condition of or as payment for granting or according to such inmate, or to such applicant, if admitted, any ordinary or special attention or service in or in connection with such home. Derivation: St. 1927, § 4360. Gen. St. 1923, § 4360. Gen. St. 1913, § 3968. Laws 1911, c. 150, § 1. Funeral expenses, 3 Means of support, 1 HISTORY AND SOURCE OF LAW Payment for support and care, 2 1. Means of support NOTES OF DECISIONS The soldiers' home board has no right to discharge an inmate of the home because the inmate has property sufficient to enable him to support himself. Op. Atty. Gen., 394-A, Jan. 27, 1938. 2. Payment for support and care Section 198.03 is to be construed as amending this section by implication to the extent that an applicant otherwise qualified for admission to the soldiers' home, save that he has "means of support" may nevertheless in discretion of the board be admitted to the home on entering into and complying with contract with board providing for reasonable compensation to be paid by such person to the state of Minnesota for his care. Op. Atty. Gen., 394-A, Nov. 7, 1927. 3. Funeral expenses Soldiers' home board may not require widows of veterans who apply for admission to home and are receiving federal pensions to agree to set aside a certain portion of their monthly pensions until sum of $150 has been accumulated for purpose of defraying funeral expenses of widow. Op. Atty. Gen., 394-G. May 23, 1939. Board of trustees of soldiers' home cannot compel veterans resident at home to make deposit for funeral purposes of a sum not in excess of $100 each. Op. Atty. Gen., 394-E, Dec. 1, 1924. 198.18 Employees not to receive any part of pension No servant, agent, or employee of the Minnesota soldiers' home shall accept or receive any part of the United States pension of such applicant or inmate, or any sum of money in any manner in any case mentioned in section 198.17 wherein the soldiers, from any applicant for membership in, or from any inmate of, such soldiers' home board is prohibited from requiring payment or promise of payment thereof from such applicant or inmate. Derivation: St. 1927, § 4361. Gen. St. 1923, § 4361. Laws 1911, c. 150, § 2. HISTORY AND SOURCE OF LAW 198.19 Wife or dependent children Sections 198.17 to 198.21 shall not be construed in such a manner as to prevent or prohibit the soldiers' home board from making and enforcing a regulation requiring inmates of such soldiers' home to pay to such board of managers for the support of the wife or dependent children of such inmate all or any part of the United States pension received by such inmate in excess of the sum of $4.00 per month. Derivation: St. 1927, § 4362. Gen. St. 1923, § 4362. Gen. St. 1913, § 3970. HISTORY AND SOURCE OF LAW 198.20 Violation a misdemeanor Any agent, officer, employee, or servant of such soldiers' home or soldiers' home board violating any provision of sections 198.17 to 198.21 shall be guilty of a misdemeanor and shall be forthwith discharged from any position in connection with such soldiers' home. HISTORY AND SOURCE OF LAW Derivation: St. 1927, § 4363. Laws 1911, c. 150, § 4. 198.21 Wife or dependent children; disposal of pensions; relief If such applicant or if any inmate of such home has a wife or children dependent upon him for support, the soldiers' home board may, in its discretion, require that any such applicant or inmate, who receives a United States pension exceeding $4.00 per month, shall pay not to exceed one-half thereof, to be determined by such board of managers, for the support and maintenance of such wife or dependent children. Such board may, in addition, grant to such dependents a monthly allowance from the relief fund in such sum as shall be determined by such board. Derivation: St. 1927, § 4364. Gen. St. 1923, § 4364. Rev. Laws 1905, § 1847. Gen. St. 1894, § 3630. HISTORY AND SOURCE OF LAW Gen. St. Supp. 1879-88, c. 35, § 98. Laws 1887, c. 148, § 28. 198.22 Soldiers' home relief extended In addition to the persons to whom the soldiers' home board is now authorized to extend relief outside the Minnesota soldiers' home from the soldiers' relief fund, the board is hereby authorized to extend relief, outside the home, to the widow, deserted wife, or any minor child under 14 years of age, of any honorably discharged ex-soldier, ex-sailor, or ex-marine who served in the army or navy of the United States during the war of the rebellion, war with Spain, Philippine insurrection, China relief expedition, or world war; provided, any such widow or deserted wife is more than 55 years of age and shall have married her soldier husband prior to the year 1903; provide, that no such relief shall be granted under the provisions of this section to any person unless he shall have been a resident of the state for at least five years next preceding his application for such relief. The granting of such relief and the extent and character thereof shall in all cases be in the discretion of the board and subject to such terms as it may prescribe. Derivation: Laws 1929, c. 79. St. 1927, § 4365. Laws 1927, c. 285. Gen. St. 1923, § 4365. Gen. St. 1913, § 3973. Laws 1913, c. 186, § 1. HISTORY AND SOURCE OF LAW The provisions of this section were extended to include any honorably discharged exsoldier, ex-sailor, or ex-marine who served during the "War with Spain, Philippine Insursection or China Relief Expedition" by Laws 1929, c. 79, while those serving during the "World War" were included by Laws 1927, c. 285. 1. Children NOTES OF DECISIONS Soldiers' home board may in its discretion grant relief to minor children under 14 years of age of an honorably discharged soldier even though mother of children has been divorced from the ex-soldier on grounds other than desertion and the mother has been awarded custody of the minor children. Op. Atty. Gen., 394-I, Aug. 27, 1932. 198.23 Personal property of inmates; will As a condition of his admission to the home, every person shall execute his will, and deposit the same with the secretary, disposing of any personal property of which he may die possessed. Upon the decease of any such testator, the board shall cause such of his personal estate as may be left in his possession to be disposed of pursuant to the will, without probate thereof or other proceedings thereon. All property of the deceased inmate not so bequeathed by will, and remaining at home, unclaimed, for one year after his death, shall be inventoried, appraised, and sold, and the proceeds thereof paid into the state treasury to the credit of the soldiers' home fund. If named beneficiary of will predeceased testator and beneficiary was not a child nor other relative of testator, then bequest would lapse and become part of residue of estate of decedent to be disposed of according to the statute. Op. Atty. Gen., 349-D, Jan. 24, 1935. VETERANS HOMES, MINNESOTA STATUTES ANNOTATED 1957, DoCKET SUPPLEMENT, CHAPTERS 198.01-198.251 198.01 Soldiers Home; admission The Minnesota Soldiers Home shall be maintained at Minneapolis, under the management of seven trustees, one of whom shall be a woman, to be known as the Soldiers Home Board, as a home for all honorably discharged persons who served in the Mexican War, the War of the Rebellion, the Spanish-American War, the Philippine Insurrection, the Boxer Rebellion, the war of 1917 and 1918, commonly called the World War, or the War between the United States of America and its allies, and Germany, Japan, Italy and their allies, persons who actually served in any campaign against the Indians in this state in the year 1862, whether as soldiers of the United States or not, for honorably discharged members of the Minnesota National Guard mustered into Federal service in 1916 who served on the Mexican border, and for all honorably discharged persons who served between September 16, 1940, and December 7, 1941, and in World War II between December 7, 1941, and December 31, 1946, and in the campaign against the North Koreans between June 25, 1950, and the date such campaign may be declared ended by competent federal authority. No person shall be admitted to the home who has not been a resident of the state for three years next preceding the date of his application, unless he served in a Minnesota regiment, or was credited to the state, or served in Approved March 12, 1951. SUPPLEMENTARY INDEX TO NOTES Construction and application, 1⁄2 12. Construction and application An officer released to inactive duty and furnished with a certificate of satisfactory Veteran's wife, who resided in state for five years, was eligible for admission with 198.02 Repealed. Laws 1953, c. 117, § 2. Subject matter of the repealed section is now covered by § 198.021. 1. Construction and application Where member of Soldiers' Home was ordered discharged in accordance with rules and Although discretionary duties were conferred upon the secretary of the board, the 2. Residents and residence Veteran's wife, who resided in state for five years, was eligible for admission with hus- 7. War veterans in general Under this section, a veteran of any campaign against the Indians is eligible for ad- 198.021 Persons admitted The object of the soldiers home shall be to provide a home for all honorably A wife, widow, or mother of a veteran who is, or if living would be, eligible to 95196-57-33 |