of this part, service in the Spanish-American war shall be construed to mean service between April 21, 1898, and July 4, 1902, inclusive, and actual participation in hostilities in the Morro Province to July 15, 1903, and provided, further, when the word "veteran" shall be used with reference to persons who served in world war II, it shall mean any person who served in the active military or naval forces between December 7, 1941, and December 31, 1946, inclusive, and provided any such person who was not a resident or resident alien of this state at the time of enlistment or induction into such service shall have resided continuously in this state for at least two years.

Sec. 2926. Veterans' home and hospital commission.-The veterans' home and hospital commission shall continue to have the government and control of the veterans' home and hospital and shall consist of eight commissioners, all of whom shall be citizens of this state and a majority of whom shall be veterans. On or before July 1, 1949, and biennially thereafter, the governor shall appoint two commissioners for a term of eight years and until their successors shall be appointed and shall have qualified, and he may fill any vacancy which may occur, by appointment for the unexpired portion of the term. Each commissioner shall be sworn to a faithful performance of his duties. The governor may, for reasonable cause, remove from office any commissioner. The commissioners appointed by the governor shall receive no compensation for their services, but shall be paid their reasonable expenses in the performance of their duties. The commission shall biennially report its doings, under oath, to the governor.

Sec. 2927. Secretary. Treasurer. The commission shall elect from its members such officers and committees as it may deem essential and shall make such rules and regulations as may be necessary for the transaction of its business. It shall appoint a treasurer, who may be a member of the commission and who shall give a bond to the state in such sum, not less than five thousand dollars, as the commission shall require, conditioned for the faithful performance of his duties. A majority of the commissioners in office shall constitute a quorum for the transaction of business.

Sec. 2928. Duties of commission.--The commission shall adopt and enforce rules and regulations for the management of the home and to procure order, enforce discipline and preserve the health and insure the comfort of its inmates; and shall discipline or dismiss any officer or inmate of the home who shall disobey or infringe upon such rules or regulations. The commission shall appoint from outside of its number such officers and employees as may be necessary for the administration of the affairs of the home and of its duties under this chapter, under its direction, and may discharge them; shall prescribe the relative rank, if any, duties and compensation of such officers and employees and shall commission each such officer, who shall wear such uniform, if any, as may be prescribed by the commission.

Sec. 2929. Admission. Discharge. Transfer. Payment. (a) All male veterans shall be entitled to admission to the home; and all veterans, who, from disease, wounds or accident shall need medical or surgical care and treatment or who shall have become mentally ill and who shall have no adequate means of support, shall be entitled to admission to any hospital and to receive necessary food, clothing, care and treatment therein, at the expense of the state. (b) Any veteran desiring care or treatment under the provisions of this chapter shall make application under oath to the commission; but, if, by reason of his physical condition, shall be unable to make such application, some other veteran may make such application in his behalf. Said commission shall have sole power to determine whether such veteran is entitled to admission to the home, or to a hospital, and such veteran, if admitted, shall, upon application to the commission, receive transportation at the expense of the state from his place of residence to the home or such hospital. No veteran so admitted shall be discharged from the home or hospital except upon the approval of the commission. The commission shall have sole power to remove any veteran, whose care and treatment is paid for by the state, from any hospital to another, and shall appoint such agents as are necessary to see that veterans admitted to hospitals are receiving necessary food, clothing, care and treatment. (c) The commission shall determine the sum to be paid by such applicants as it may admit to the home or a hospital, who, in the judgment of the commission, may be able to pay in whole or in part for their support, and fix the amount to be paid for medical and surgical care or treatment, food and clothing furnished such veterans at the home or at a hospital.

Sec. 2930. Hospital care.-Any hospital, upon request of the commission, shall furnish any veteran, determined by the commission to be entitled to admission

thereto, necessary food, clothing, care and treatment therein at the expense of the state, and such veteran shall have preference for admission into such hospital. Sec. 2935. Fees for commitment. The probate fees and other actual costs of commitment of veterans who are eligible to admission to the home or to a hospital shall be paid by the comptroller to the judge making the commitments, who shall disburse the same, such fees and costs being taxed and certified by such judge; but the provisions of this section shall not apply to a veteran so committed, who may be drawing a United States pension at the time of commitment and who has no wife or husband or child under sixteen years of age, dependent upon him or her for support.

Sec. 2936. Commission to investigate complaints.-The commission shall have full power to investigate all complaints that may be made to it respecting the conduct or treatment of such veterans and for that purpose shall have power to compel the attendance of witnesses under oath. If, upon such investigation, the commission shall find that any veteran has not received proper care or has been ill treated or abused by any officer or employee of a hospital, it shall forthwith certify that fact to the proper officer of such hospital who shall cause the offender to be prosecuted, disciplined or dismissed, as the commission shall direct. If no adequate grounds shall exist for such complaint, the commission shall certify that fact to the proper officer of such hospital.

Sec. 2937. Weekly allowances to widows of veterans of civil war or SpanishAmerican war.-Weekly allowances, to be determined by the commission, but in no case in excess of the amount required for the support of an inmate of the home, shall be paid by the comptroller for the support and maintenance of the widow of a man who served in the military or naval forces of the United States, in either the civil or Spanish-American war, who had been honorably discharged from the same and was a resident of this state at the time of his death; provided any such widow, at the time of making application for such aid, shall be without adequate means of support or by reason of age or disability shall be unable to support herself and provided such widow shall have been married prior to June 27, 1905, if her husband was a veteran of the civil war, or prior to January 1, 1938, if her husband was a veteran of the Spanish-American war and provided such widow shall have lived with such husband contuously from the time of her marriage to him to the time of his death, separations of a temporary or ordinary nature excepted, and that such widow shall be a resident of this state when applying for such aid and shall continue to reside in this state while receiving it.

Sec. 2938. Disclosure of property of applicant.-Any person who shall have in his possession or control any property of any person applying for or receiving aid from the soldiers, sailors and marines' fund or the veterans' home and hospital commission, or who shall be indebted to such applicant or recipient or shall have knowledge of any property belonging to him, and any officer who shall have control of the books and accounts of any corporation which has possession or control of any property belonging to any person applying for or receiving such aid or is indebted to him, shall, upon presentation by the disbursing officer thereof or any person deputized by him, of a certificate, signed by him, stating that such applicant or recipient has applied for or is receiving aid from said fund or the veterans' home and hospital commission, make full disclosure to said disbursing officer or said deputy, of any such property or indebtedness. Such disclosure may be obtained in like manner of the property or indebtedness of any person liable for the support of any such applicant or recipient.

Sec. 2939. State policy duty.-The commissioner of state police shall assign one or more state policemen for duty at the home as may be requested by the commission.

VETERANS HOMES, CONNECTICUT GENERAL STATUTES, 1949, § 4263

Sec. 4263. Refusal of permit; location or character of premises; other grounds. The commission may, except as to a store engaged chiefly in the sale of groceries, refuse to grant permits for the sale of alcoholic liquor if it has reasonable cause to believe: (1) That the proximity of the permit premises will have a detrimental effect upon any church, public or parochial school, convent, charitable institution, whether supported by private or public funds, hospital or veterans' home or any camp, barracks or flying field of the armed forces; (2) that such location is in such proximity to a no-permit town that it is apparent that the applicant is seeking to obtain the patronage of such town; (3) that the number of permit premises in the locality is such that the granting of a permit is detrimental to public interest, and, in reaching a conclusion in this respect, the com

mission may consider the character of, the population of, the number of like permits and number of all permits existent in, the particular town and the immediate neighborhood concerned, the effect which a new permit may have on such town or neighborhood or on like permits existent in such town or neighborhood; (4) that the place has been conducted as a lewd or disorderly establishment; or (5) that there is any other reason as provided by state or federal law or regulation which warrants such refusal.

VETERANS HOMES, CONNECTICUT GENERAL STATUTES, 1955, SUPPLEMENT § 1636d. Sec. 1636d. Officers. Treasurer.-The commission shall elect from its members such officers and committees as it may deem essential and shall make such rules and regulations as may be necessary for the transaction of its business. It * * * may appoint a treasurer, who may be a member of the commission and who shall give a bond to the state in such sum, not less than five thousand dollars, as the * ** comptroller shall require, conditioned for the faithful performance of his duties. A majority of the commissioners in office shall constitute a quorum for the transaction of business.

VETERANS HOMES, CONNECTICUT PUBLIC ACTS, 1951, CHAPTER 175

PUBLIC ACT NO. 175

AN ACT Concerning Fees for Commitment of Veterans to the Veterans' Home and Hospital.

Section 2935 of the general statutes is repealed and the following is substituted in lieu thereof: The probate fees and other actual costs. of commitment of veterans who are eligible to admission to the home or to a hospital shall be paid by the comptroller to the judge making the commitment, who shall disburse the same, such fees and costs being taxed and certified by such judge. [but the provisions of this section shall not apply to a veteran so committed, who may be drawing a United States pension at the time of commitment and who has no wife or husband or child under sixteen years of age, dependent upon him or her for support.]

VETERANS HOMES, IDAHO CODE ANNO. 1949, §§ 66-901 To 66-906

CHAPTER 9

SOLDIERS' HOME

SECTION. 66-901.

66-902.

Establishment of home.

Commandant-Appointment, duties and salary.

66-903. Physician and matron-Appointment, salary, and term of office. 66-904.

Inspection of home.

66-905. Uniform of inmates.

66-906.

Succession to property of deceased inmate.

66-901. Establishment of home. There shall be established in this state an institution under the name of the Soldiers' Home, which institution shall be a home for honorably discharged Union soldiers, sailors and marines who served in the Union armies during the late war of the rebellion, or in Indian wars in which the government of the United States was involved; also for honorably discharged soldiers, sailors and marines who served in the Spanish-American war and the Philippine insurrection incident thereto; also for members of the state national guard disabled while in the line of duty; and veterans of the Mexican War; also all honorably discharged soldiers, sailors, marines and nurses of the great war with Germany and her allies; also all honorably discharged soldiers, sailors, marines and nurses of World War II and her allies; who did not refuse military duty on account of conscientious objection: provided, that before a person is admitted to said home he shall have been a bona fide resident of this state for not less than two years, and shall have registered and voted at one or more general elections in the state of Idaho prior to making application for admission thereto. But such residence, registration and voting shall not be required of any person who, at the time of his enlistment or induction into such service, was a bona fide resident of this state. [1893, p. 91, § 1; am. 1897, p. 7, § 1; reen. 1899, p. 190, § 1; am. 1905, p. 4, § 1; am. 1905, p. 414, § 1; am. 1907, p. 15, § 1; reen. R. C. & C. L., § 792; C. S., § 1250; am. 1921, ch. 173, § 1, p. 368; am. 1925, ch. 55, § 1, p. 80; I. C. A., § 64-701; am. 1945, ch. 57, § 1, p. 73.]

Compiler's notes.-The law as enacted 1893, p. 91 am. 1897, p. 7, reen. 1899, p. 190; am. 1905, pp. 4, 44; am. 1907, p. 15, reen. R. C. & C. L., §§ 792-799, provided for à board

of trustees. Session Laws 1919, ch. 8. § 51, p. 69, repealed C. L., § 794; § 38 of the same act (§ 67-3401 herein) abolished the board of trustees and its officers, and § 35 of said act vested their powers and duties in the department of public welfare, which powers and duties are now, by § 66-111, vested in the Charitable Institutions Commission of the state of Idaho. The substitutions of offices and officials authorized by that act have been made accordingly; the text of preexisting law not being changed except in so far as necessary in making such substitutions.

It would seem that line 12 would read better if the words "with Germany" were added after World War II.

C. S., § 1251, was repealed by S. L. 1929, ch. 184, § 7.

Cross ref-Public insttiutions improvement board, § 67-1801 et seq.

Soldiers' home fund, § 66-1106.

State purchasing agent, § 67-1601 et seq.

Comp. leg. Ind. Burns' Stat. 1933, §§ 22-2201-22-2219.

Iowa. Code 1946, §§ 219.1-219.22.

Wyo. Comp. Stat. 1945, §§ 19-301-19-312.

Cited in: Fritchman v. Athey, 36 Idaho 560, 211 Pac. 1080.

Voting Rights.-The constitutional provision which provides that "for voting purposes. no person shall be deemed to have gained or lost a residence by reason of his presence or absence while kept at an almshouse or other asylum at public expense" preserves the voting status of the inmates of a soldiers' home at the time of their entry. Powell v. Spockman. 7 Idaho 692, 65 Pac. 503.

66-902. Commandant-Appointment, duties and salary.-The charitable institutions commission of the state of Idaho, shall appoint a commandant of said soliders' home, who shall hold office during the pleasure of the commission. The commandant shall have entire control and management of the home, under such rules and regulations as may be prescribed by the commission. He shall give a bond in favor of the state of Idaho in the penal sum of $4000, conditioned on the faithful performance of his duties, such bond to be approved by the governor. The commandant shall receive for his services such sum as may be fixed by the charitable institutions commission of the state of Idaho, not to exceed $1200 per year, and rations. [1897, p. 7, § 3; reen. 1899, p. 190, § 5; am. 1903, p. 219, § 1 reen. R. C. & C. L., § 795; C. S., § 1252; I. C. A., § 64–702.]

Compiler's note.-The words "charitable institutions commission of the state of Idaho" were substituted for "department of public welfare" by the compiler, and "commission" for "department" under authority of § 66-111, which directed the transfer of all the powers. duties and privileges conferred upon the department of public welfare and the commission thereof to the charitable institutions commission of the state of Idaho; further, § 66–102 directed that the commission have the management of the Soldiers' Home, at Boise.

66-903. Physician and matron-Appointment, salary, and term of office. The charitable institutions commission of the state of Idaho shall appoint a physician for the home who shall receive a salary to be fixed by the commission, not exceeding fifty dollars per month, and who shall hold office during the pleasure of the commission, and the charitable institutions commission of the state of Idaho shall appoint a matron for the home who shall receive a salary to be fixed by the commission, not exceeding forty dollars per month, and who shall hold office during the pleasure of the commission. [1897, p. 7, § 4; reen. 1899, p. 190, § 6; am. 1903, p. 219, § 2; reen, R. C. & C. L., § 796; C. S., § 1253; I. C.-A., § 64-703.1 Compiler's note.-The words "charitable institutions commission of the state of Idaho" were substituted for "department of public welfare" and "commission" for "department" by the compiler. See compiler's note, § 66–902.

Nepotism.-Commandant of soldiers' home is not an "associate in office" of board of trustees of soldiers' home, and none of the provisions of the nepotism act will be violated by board retaining as matron one who is related to commandant within third degree of consanguinity. Barton v. Alexander, 27 Idaho 286, 148 Pac. 471, Ann. Cas. 1917D, 729.

66-904. Inspection of home. The said soldiers' home shall at all times be subject to inspection by the board of managers of the national home for disabled volunteer soldiers, under such regulations as said board may adopt; and shall also be subject to inspection at any time by the governor or any officer of his staff designated by him for the purpose of making such inspection. [1893, p. 91, § 8; reen. 1899, p. 190, § 8; reen. R. C. & C. L., § 797; C. S., § 1254; I. C. A., § 64– 704.]

Compiler's note.-C. S., § 1255, was repealed by S. L. 1927, ch. 9.

66-905. Uniform of inmates.-The inmates of said home shall be clad in the uniform of the Grand Army of the Republic, to be furnished by the state out of funds appropriated for such purpose. [1893, p. 91, § 13; reen. 1899, p. 190, § 10: reen. R. C. & C. L., § 799; C. S., § 1256; I. C. A., § 64-705.]

66-906. Succession to property of deceased inmate.-Hereafter, the application of any person for membership in the soldiers' home of this state, and the admission of the applicant thereunder shall be and constitute a valid and binding contract between such applicant and the charitable institutions commission of the state of Idaho that on the death of said applicant, while a member of such

home, leaving no heirs at law next of kin, all personal property owned by said applicant at the time of his death, including money or choses in action held by him and not disposed of by will, whether such property be the proceeds of pensions or otherwise derived, shall vest in and become the property of said charitable institutions commission of the state of Idaho for the sole use and benefit of said home, the proceeds to be disposed of in such manner as may be ordered by the said commission, and that all personal property of said applicant which, upon his death, while a member, shall at once pass to and vest in said commission, subject to be reclaimed by any legatee or person entitled to take the same by inheritance at any time within five years after the death of such member. The charitable institutions commission of the state of Idaho of the soldiers' home of this state is directed to so change the form of application for membership as to give reasonable notice of this provision to each applicant, and as to contain the consent of the applicant to accept membership upon the conditions herein provided. [1911, ch. 135, p. 424; reen. C. L., § 799a; C. S., § 1257; I. C. A., § 64-706.]

Compiler's note.-The words "charitable institutions commission of the state of Idaho" were substituted for "department of public welfare" by the compiler and "commission" for "department." See compiler's note, § 66-902.

VETERANS HOMES IDAHO CODE (1957 POCKET SUPPLEMENT)

65-208. [Repealed.]

Compiler's note. This section, which comprised I. C., § 65-208, as added by 1955, ch. 168, § 3, p. 338, was repealed by S. L. 1957, ch. 132, § 6, p. 222.

*

66-902. Commandant-Appointment, duties and salary.-The * veterans' welfare commission of the state of Idaho, shall appoint a commandant of said soldiers' home, who shall hold office during the pleasure of the commission. The commandant shall have entire control and management of the home, under such rules and regulations as may be prescribed by the commission. He shall give a bond in favor of the state of Idaho in the penal sum of $4,000, conditioned on the faithful performance of his duties, such bond to be approved by the governor. The commandant shall receive for his services such sum as may be fixed by the *** commission of the state of Idaho, not to exceed *** $2,700 per year, and rations. [1897, p. 7, § 3; reen. 1899, p. 190, $5; am. 1903, p. 219, § 1; reen. R. C. & C. L., $795; C. S., §1252; I. C. A., §64-702; am. 1955, ch. 168, § 2, p. 338.] Compiler's notes.-Section 1 of S. L. 1955, ch. 168, is compiled herein as § 66-118. Section 3 of S. L. 1955, ch. 168, is compiled herein as § 65-208. 66-995. [Repealed.]

Compiler's note.-This section, which comprised S. L. 1893, p. 91, § 13; reen. 1899. p. 190, 10 reen. R. C. & C. L., § 799; C. S., § 1256; I. C. A., § 64-705, was repealed by S. L. 1951, ch. 32, § 1, p. 43.

VETERANS' HOMES

ILLINOIS REV. STATUTES, 1953, §§ 115-138

SOLDIERS' AND SAILORS' HOME

AN ACT to establish and maintain a Soldiers' and Sailors' Home in the State of Illinois, and making an appropriation for the purchase of land and the construction of the necessary buildings. [Approved June 26, 1885. In force July 1, L. 1885, p. 16.]

115. Establishment-Corporate powers.-§ 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That there be and is hereby created and established a Soldiers' and Sailors' Home in the State of Illinois, which shall possess all the corporate and other powers, and be subject to all the rules, regulations and conditions expressed in an act entitled, "An act to regulate the State charitable institutions and State Reform School, and to inprove their organization and increase their efficiency," approved April 15, 1875.