All soldiers of the Minnesota national guard who heretofore have lost or hereafter may lose an arm or leg or their sight or may become permanently disabled from any cause while in the line and discharge of duty and are not able to support themselves may be admitted to the home under such rules and regulations as the board of trustees may adopt, and any soldier of the Minnesota national guard suffering from illness or injury sustained from any cause in the line and discharge of military duty shall be admitted to the soldiers' home hospital for medical treatment and hospital service until recovery from such illness or injury under such rules and regulations as the board of trustees may adopt. Laws 1953, c. 117, § 1. Approved March 17, 1953. Title of Act: An Act relating to admission of persons to the Minnesota Soldiers Home; repealing Minnesota Statutes 1949, section 198.02. Laws 1953, c. 117. 198.03 When compensation must be paid 1. Construction and application Veteran's wife, who resided in state for five years, was eligible for admission with husband to Minnesota soldiers' home. Op. Atty. Gen., 394-A, Oct. 17, 1951. 198.06 Trustees; compensation, bond The trustees of the soldiers' home board shall be appointed by the Governor with the consent of the senate, each for a term of six years, and until his successor qualifies. Vacancies shall be filled by like appointment for unexpired terms. They shall receive as compensation for their services in attending meetings of the board and meetings of any committee thereof, the sum of $15 per day for each such meeting day so attended, and in addition thereto actual expenses incurred in attending such meeting. Claims for such compensation shall be paid by the state treasurer from the money provided for the support of the soldiers' home upon itemized and verified vouchers approved by the president and secretary, after audit by the state auditor. Not more than four of the trustees shall be members of the same political party, and in the selection of trustees, officers of the home, and employees of the board, preference shall be given to honorably discharged soldiers, sailors and marines. Each trustee shall give a bond to the state in the penal sum of $5,000, conditioned for the faithful discharge of his duties and economical expenditure of the funds provided for hereunder. The trustee who shall be selected by the board as treasurer of the home shall give an additional bond to the state in such sum as may be designated by the board of trustees, conditional that such treasurer shall account for and pay over, according to the directions of the board, all moneys or other property which may come into his possession with the consent of the inmates from the inmates of such home as such treasurer. The surety on such treasurer's bond may be any surety company that is authorized to contract as such by the laws of this state, and the cost thereof shall be paid out of the home support fund. As amended Laws 1951, c. 165, § 1. Approved April 6, 1951. 198.07 President; secretary; treasurer; duties Secretary, 3 3. Secretary SUPPLEMENTARY INDEX TO NOTES Although discretionary duties were conferred upon the secretary of the board, the secretary is not the head of the soldiers' relief fund. Op. Atty. Gen., 644-B, Nov. 16, 1950. Secretary of soldiers' home board is within classified service and legislation expressly removing him from classified service is necessary before the secretary can be considered in the unclassified service. Id. 198.09 Officers, employees The soldiers' home board shall appoint a commandant for such term as it may deem proper, who, under its direction, shall have immediate charge of the home. He shall nominate for approval by the board all necessary subordinate officials and employees, and may suspend any of them for inefficiency or misconduct. The grounds for such suspension shall be reported to the board, whose decision, after a hearing thereon, shall be final. The pay of each of the commandant's subordinates shall be prescribed by the board, not exceeding the reasonable amounts paid for similar services in other institutions of the state. As amended Laws 1951, c. 713, § 19. Approved April 23, 1951, effective July 1, 1951. 2. Civil Service Employees of State Boards are subject to the Civil Service Law. Op. Atty. Gen., 644-B, April 2, 1952. 198.11 Relief fund; transfers SUPPLEMENTARY INDEX TO NOTES Construction and application, 1% 2. Construction and application In view of requirement of this section that the state auditor add to the state tax levy 1/10 of a mill annually on each dollar of assessed value of taxable property, the proceeds whereof which shall constitute a soldiers' relief fund, to be administered by the soldier's home board, the board does not operate on revenue or income derived from its own activity, and therefore the provision in § 352.04 with respect to payment of 56 per cent of the total amount deducted from the salaries of state employees for the retirement fund is not applicable to salaries of employees paid from the soldier's relief fund. Op. Atty. Gen. No. 331-A-4, Sept. 18, 1947. 198.24 Temporary This section, Laws 1947, c. 480, § 1 appropriated money to the Minnesota Soldiers' Home for the year 1947-48 to be used for the maintenance of a hobby shop for the inmates of the Soldiers' Home. 198.25 Temporary This section, Laws 1947, p. 509, § 1 appropriated money to the Minnesota Soldiers' Home for the maintenance of a firing squad for the years ending June 30. 1948 and June 30, 1949. VETERANS HOMES, MISSOURI LAWS, 1951, H. B. 171 [H. B. 171.] PUBLIC HEALTH AND WELFARE: RELATING TO THE CONFEDERATE SOLDIERS HOME AN ACT to repeal Sections 212.010, 212.020, 212.030, 212.040, 212.050, 212.060, and 212.070, Revised Statutes of Missouri, 1949, all relating to the Confederate Soldiers Home, and to enact in lieu thereof six new sections to be known as Sections 212.010, 212.020, 212.030, 212.040, 212.050, and 212.060, abolishing the Confederate Soldiers Home and providing for the care of present residents of the Home and any other exconfederate soldiers and sailors, their wives, widows and orphans who would be eligible for admittance under the original Act creating the Home, transferring the buildings, farm lands, livestock, equipment, machinery and other facilities of the Home now under the control and administration of the Division of Welfare to the Department of Public Health and Welfare, transferring the Memorial Park as now constituted under Section 212.060, Revised Statutes of Missouri, 1949, to the State Park Board and designating same as the Confederate Memorial State Park, and transferring to said State Park Board permanent endowment fund, with an emergency clause. SECTION 1. Repealing Sections 212.010, 212.020, 212.030, 212.040, 212.050, 212.060, and 212.070, Revised Statutes of Missouri, 1949, and enacting six new sections in lieu thereof. 212.010. Confederate Home abolished. 212.020. Present residents to be cared for by the Division of Welfare. 212.030. Transferred to the Department of Public Health and Welfare. 212.040. Confederate Memorial Park transferred to State Park Board. 212.050. Endowment fund transferred to State Park Board for maintenance of Memorial Park. 212.060. Laws in conflict with this act are repealed. 2. Emergency. Be it enacted by the General Assembly of the State of Missouri, as follows: Section 1. Repealing Sections 212.010, 212.020, 212.030, 212.040, 212.050, 212.060, and 212.070, Revised Statutes of Missouri, 1949, and enacting six new sections in lieu thereof.-That Sections 212.010, 212.020, 212.030, 212.040, 212.050, 212.060, and 212.707, Revised Statutes of Missouri, 1949, all relating to the Confederate Soldiers Home, be and the same are hereby repealed, and six new sections enacted in lieu thereof to read as follows: Section 212.010. Confederate Home abolished.-The institution known as the Confederate Home, which is situated near Higginsville, Missouri, in the County of Lafayette, an eleemosynary institution, in which infirm and dependent exconfederate soldiers and sailors, their wives, widows and orphans have been maintained and cared for, being no longer needed for the purposes for which it was established, is hereby abolished. Section 212.020. Present residents to be cared for by the Division of Welfare.— The present residents of the Confederate Home and any other ex-confederate soldiers and sailors, their wives, widows and orphans who would be eligible for admittance under the original Act creating the Home are to be maintained and cared for by the Division of Welfare. Section 212.030. Transferred to the Department of Public Health and Welfare. Control and administration over the buildings, farm lands, livestock, equipment, machinery and other facilities of the institution now under the control and administration of the Division of Welfare is hereby transferred to the Department of Public Health and Welfare and the Director of the Department may designate the Division, or Divisions within the Department, who may use said properties for the purpose and benefit of the Division. Section 212.040. Confederate Memorial Park transferred to State Park Board. The Confederate Memorial Park as now constituted and provided for in Section 212.060, Revised Statutes of Missouri, 1949, is hereby transferred to the State Park Board for control, maintenance, and administration, and is hereby designated as the Confederate Memorial State Park. Section 212.050. Endowment fund transferred to State Park Board for maintenance of Memorial Park. The endowment fund as provided for Section 212.050, Revised Statutes of Missouri, 1949, now under the control and administration of the Division of Welfare, is hereby transferred to the State Park Board to be set apart and maintained as a permanent endowment for the maintenance of the Memorial Park. The said Board is hereby empowered and authorized to accept gifts, donations, or bequests for the maintenance of the Memorial Park and to sell, convey or otherwise convert into money any property received and to invest the monies so derived and use the income therefrom for the maintenance of said park, but the principal thereof shall remain intact as a permanent endowment fund. Section 212.060. Laws in conflict with this Act are repealed.—All laws, and parts of laws, contrary to, inconsistent with, or in conflict with any of the provisions of this Act are hereby repealed. Section 2. Emergency. Since the continuing care of ex-confederate soldiers and sailors, and the wives, widows and orphans of such persons is the obligation and responsibility of the state; and since provision for the care of such persons transferred by the terms of this act must be made without delay in order to insure such continuing care, and because this act is necessary for the immediate preservation of the public peace, health and safety of the inhabitants of this state, an emergency exists within the meaning of the constitution and this act shall be in full force and effect from and after its passage and approval. Approved June 30, 1951. VETERANS' HOMES, MISSOURI STATUTES ANNOTATED, 1952 EDITION, CHAPTER 212 CHAPTER 212 212.080 Board of trustees-appointment-number-term-removal 212.090 212.100 212.110 212.120 212.130 Board to organize-meetings-member shall not furnish supplies-report-compensation President to appoint executive committee Treasurer's bond-compensation-moneys to be sent to state treasury Board to maintain home-appoint superintendent and employees-make rules for Confederate Home and Federal Soldiers' Home within division of welfare of state department of public health and welfare, see § 207,010. Confederate memorial state park, see § 253,030. General provisions relating to institutions within state department of public health and welfare, see §§ 191.130 to 191.210. Institution funds, general provisions, see § 31.010 et seq. State merit system, see § 36.010 et seq. CONFEDERATE HOME 212.010-212.070. Repealed. Laws 1951, p. —, H. B. No. 171, § 1. HISTORICAL NOTE Laws 1951, p. —, H. B. No. 171, repealed §§ 212,010, 212.020, 212.030, 212.040, 212.050, 212.060, 212.070 of R. S. 1949 relating to the Confederate Home near Higginsville and enacted in lieu thereof six new sections. Reenacted §§ 212.040, 212.050 were consolidated and redesignated § 253.030 by the Reviser of Statutes. Reenacted §§ 212.010, 212.020, 212.030, 212.060, are temporary provisions, as follows: "Section 212.010. The institution known as the Confederate Home, which is situated near Higginsville, Missouri, in the County of Lafayette, an eleemosynary institution, in which infirm and dependent ex-confederate soldiers and sailors, their wives, widows and orphans have been maintained and cared for, being no longer needed for the purposes for which it was established, is hereby abolished. "Section 212.020. The present residents of the Confederate Home and any other ex-confederate soldiers and sailors, their wives, widows and orphans who would be eligible for admittance under the original Act creating the Home are to be maintained and cared for by the Division of Welfare. "Section 212.030. Control and administration over the buildings, farm lands, livestock, equipment, machinery and other facilities of the institution now under the control and administartion of the Division of Welfare is hereby transferred to the Department of Public Health and Welfare and the Director of the Department may designate the Division or Divisions, within the Department, who may use said properties for the purpose and benefit of the Division. "Section 212.060. All laws, and parts of laws, contrary to, inconsistent with, or in conflict with any of the provisions of this Act are hereby repealed." FEDERAL SOLDIERS' HOME 212.080. Board of trustees-appointment-number-term-removal The governor, by and with the advice and consent of the senate, shall appoint a board of trustees of the Federal Soldiers' Home at St. James, to be composed of five members. Each of the members shall be a citizen of the state of Missouri, and more than thirty years of age. The term of office shall be four years. Any vacancy shall be filled by the governor for the remainder of the term. Any member may be removed from office by the governor upon his being full satisfied that such member has been guilty of official misconduct or dereliction of duty. (R. S. 1939, § 15136, A. 1949 S. B. 1067) Former Revisions. 1929, § 13935; 1919, § 12400; 1909, § 1518; 1899, § 7797. HISTORICAL NOTE From Laws 1897, p. 28; Laws 1903, p. 206; Laws 1923, p. 199. REVISION COMMENT Section 15136, R. S. 1939, authorized the governor to appoint a board of trustees for the federal soldiers' home at St. James to maintain the home and fixed qualifications for admission. The board is required to maintain the home by section 212.130. RSMO 1949, and qualifications for admission are fixed by section 212.140, RSMo 1949. Section 15136 also contained some obsolete transitional provisions. Therefore section 15136 was repealed and a new section enacted providing for the appointment of the board and their term, qualifications and removal. CROSS REFERENCES Board of trustees of federal soldiers' home to be part of division of welfare, see § 207.010. Institutional funds, see § 31.010. The home is a public institution and exempt from liens for labor or material. rel. Maggi v. Loomis, 88 Mo. App. 500. 2. Inmates as voters State ex The inmates, as such, are not disqualified from voting. Hale v. Simson, 95 S. W. 885, 198 Mo. 134. 3. Gifts Federal Soldiers' Home at St. James, Missouri, a state institution maintained by public funds, has the legal capacity to receive a testimentary gift. Mississippi Valley Trust Co. v. Ruhland, 222 S. W. 2d 750, 359 Mo. 616. In the case of Mississippi Valley Trust Co. v. Ruhland, 222 S. W. 2d 750, 359 Mo. 616, the court said: "By an Act approved March 1, 1897, Laws 1897, pp. 28-30, §§ 1-6, now Mo. R. S. A. §§ 15136-15141, the appointment of a Board of Trustees was authorized for the estab lishment and maintenance of a home for Federal soldiers and sailors and army nurses, and the aged wives of such soldiers and sailors (§ 1); and said Board of Trustees was authorized 'to receive for a nominal consideration' from the ""Woman's Relief Corps Soldiers' Home" a conveyance of the property known as the Soldiers' Home at St. James, Missouri, 'vesting the title to said property in the state of Missouri' (§ 3). "Thereafter, by deed dated May 20, 1897, the Woman's Relief Corps Soldiers' Home aforesaid conveyed said property to the State of Missouri for a stated consideration of $1.00. "The Home has been maintained by the appropriation of public funds (see, for instance, I Laws 1947, pp. 132, 133) and the receipt of Federal aid. See Tit. 24 U. S. C. A. § 134, as amended. "Express statutory provisions contemplate the receipt of private gifts of money and property for the use of the Federal Soldiers' Home and refute the contention of the heirs that it may be maintained only by the appropriation of State funds therefor. Mo. R. S. A. § 15137, supra, expressly requires the Trustees of said Home to periodically report under oath 'giving a detailed statement of all moneys and other property received on account of such home'; and requires said Trustees 'to immediately transmit to the state treasurer all moneys received by them, or by any financial officer of the institution, from whatsoever source, except [not material here], and the state treasurer shall * **credit the same to the federal soldiers' home fund, which is hereby created and established.' (Emphasis ours.) This harmonizes with § 2 of the original act (Laws 1897, p. 29). The provision in said § 2 of the original act that the Trustees' 'actual expenses incident to the care and maintenance and establishment of said home shall be borne by the state and be paid out of any moneys appropriated for its maintenance' is not to be tortured into a covenant by the State to reject gifts for the maintenance of said Home. The extent of the authority conferred upon the Trustees by the original act to covenant with respect to the acquisition of said Home was explicitly limited to receive the property 'for a nominal consideration.' Laws 1897, p. 30, § 3, Mo. R. S. A. § 15138. Sections 9363 and 9366 likewise recognize the right of the State to accept gifts on behalf of said Home." 212.090. Board to organize-meetings-member shall not furnish supplies— report-compensation 1. The board of trustees shall elect one of its members president of the board, and also a treasurer and secretary, who may or may not be a member. The board shall meet at the home twice in each year, on the first Tuesday in June and January. 2. No member of the board of trustees shall furnish, either directly or indirectly, any supplies toward the maintenance of the home or its buildings or grounds, nor be interested, directly or indirectly, in any corporation furnishing such supplies, under penalty of dishonorable dismissal from his trust by either the board or the governor of the state. 3. The board shal make an annual detailed report of its work to the department of public health and welfare, accompanied by a statement under oath of the treasurer of the board of the financial transactions of the preceding year, giving a detailed statement of all moneys and other property received on account of such home, and an itemized account of its disbursements. 4. The members of the board of trustees shall receive, out of the fund appropriated for the home, as compensation for their services the sum of one dollar per annum, together with five dollars per day while actually attending board meetings and their actual traveling expenses. (R. S. 1939, § 15137, A. 1949 S. B. 1067) Former Revisions. 1929, § 13936; 1919, § 12401; 1909, § 1519; 1899, § 7798. HISTORICAL NOTE From Laws 1897, p. 28; Laws 1901, p. 182; Laws 1903, p. 206; Laws 1907, p. 310. R. S. 1939, § 15137, which was repealed by the 1949 revision act. S. B. No. 1067, the subject matter of which now appears in §§ 212.090, 212.110, 212.150, provided: "The board of trustees shall elect one of its members president of said board, and also a treasurer and secretary, who may or may not be of their number, and shall fix the amount of the bond which the treasurer shall be required to give, which bond shall be approved by the governor, and the treasurer shall receive as full compensation for his services the sum of five hundred dollars per year. The said board shall meet at the home twice in each year, on the first Tuesdays in June and January. No member of the board of trustees shall either directly or indirectly furnish any supplies toward the maintenance of said home or its buildings or grounds, nor be directly nor indirectly interested in any corporation furnishing such supplies, under penalty of dishonorable dismissal from his trust by either the board or governor of this state. The said board shall, on or before the third Wednesday in January, 1905, and every two years thereafter, furnish a detailed report of its work to the general assembly, accompanied by a statement under oath of the treasurer of the board of the financial transaction of the two preceding years, giving a detailed statement of all moneys and other property received on account of such home, and an itemized account of its disbursements. It shall be the duty of the board of trustees to immediately transmit to the state treasurer all moneys received by them, or by any financial officer of the institution, from whatsoever source, except such as may arise from the sale or exchange of the products of the home by order of the executive committee, and the state treasurer shall, on receipt of said moneys, credit the same to the federal soldiers' home fund, which is hereby created and established. The county courts of counties, or the friends of the appli |