to be paid to the adjutant of the veterans' facility in advance not later than the fifth day of each month. Failure to comply with any such condition shall be cause for dismissal from the said veterans' facility. Moneys thus received shall be turned over to the state treasury and credited to the general fund. The board of managers of the veterans' facility is also hereby authorized and -empowered to make a condition for admission to the veterans' facility that all applicants shall assign to the board of managers any balance of money derived from such pensions and/or compensations due to such applicant or on deposit with any bank, trust company, corporation or individual at the time of the death of such applicant. All such sums shall be paid to the husband, minor children or dependent mother or father, in the order named, and, if no such relative shall be found within a period of 2 years, or if no claim therefor has been made within a period of 2 years, the balance of any such money shall be paid into a fund in the hands of the adjutant of the veterans' facility to be expended under the direction of the board of managers to improve the service of the veterans' facility. The mother of any member of the armed forces of the United States who was honorably discharged therefrom who served in any of the above wars may be admitted upon the approval of the board of managers, under such rules and conditions as the said board may prescribe. Approved April 10, 1952. VETERANS HOMES, MINNESOTA STATUTES ANNOTATED, 1946, §§ 198.01 TO 198.23 CHAPTER 198 Donations; reports. 198.17 Inmates to retain pension. Employees not to receive any part of pension. Violation a misdemeanor. 198.18 198.19 Wife or dependent children. 198.20 198.21 198.22 198.23 Wife or dependent children; disposal of pensions; relief. Personal property of inmates; will. 198.01 Soldiers' Home; admission to 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, both dates inclusive. 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 the Indian Campaign as aforesaid; nor shall any person be admitted unless he is without adequate means of support, and is unable, by reason of wounds, disease, old age, or infirmity to properly maintain himself. Derivation: Laws 1943, c. 54, § 1. Gen. St. 1923, § 4344. Laws 1899, c. 166. Gen. St. 1894, §§ 3604, 3605. HISTORY AND SOURCE OF LAW Gen. St. Supp. 1879-88, c. 35, §§ 72, 73. Laws 1887, c. 148, § § 1, 3. Honorably discharge soldiers, sailors and marines who served in the "Philippine Insurrection or the Boxer Rebellion, or members of the Minnesota National Guard mustered into Federal service in 1916, and served on the Mexican border or the war of 1917 and 1918 commonly called the World War" were included within the provisions of this section by Laws 1931, c. 176. All honorably discharged persons serving in the designated wars, and those who served between September 16, 1940 and December 7, 1941 were included by the 1943 amendment. Means of support, 2 Residents and residence, 1 1. Residents and residence NOTES OF DECISIONS Where applicant seeking admission to soldiers' home had been resident of Minnesota prior to his imprisonment in state prison following conviction for murder, he was still a resident of Minnesota. Op. Atty. Gen., 394-A, April 7, 1933. 2. Means of support 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. 3. Supplies and equipment Purchase of supplies and equipment for the soldiers' home is to be made under the direction and with the approval of the Department of Administration and Finance. Op. Atty. Gen., 394, Aug. 30, 1937. 198.02 Persons admitted to soldiers' home The object of the soldiers' home shall be to provide a home for all honorably discharged ex-soldiers, sailors, and marines who served in the army or navy of the United States during the war of the rebellion, or the Mexican war, or in the war begun in the year 1898 between the Kingdom of Spain and the United States, or the Philippine insurrection, or the Boxer rebellion, or members of the Minnesota national guard mustered into federal service in 1916 and served on the Mexican border, or the war of 1917 and 1918 commonly called the "world war," who now are or may hereafter become citizens of the state of Minnesota. All persons who are otherwise entitled under the provisions unable to earn their living, who, by reason of wounds, disease, or old age or infirmities, are unable to earn their living, and who have no adequate means of support. No applicant shall be admitted to the soldiers' home who has not been a resident of the state for three years next preceding the time of having his application, unless he served in a Minnesota regiment or was accredited to the state. All persons who are otherwise entitled under the provisions of this section to admission to the soldiers' home who actually served in any campaign against the Indians within the United States shall be entitled to admission to such soldiers' home, notwithstanding such person was not regularly enlisted, mustered into, or discharged from the military service of the United States. The board of trustees is hereby authorized to admit wives with their husbands, and the widows or mothers of those who are, or if living would be, eligible to admission under this chapter, but no wife or widow of a soldier of the war of the rebellion or of a soldier who actually served in any campaign against the Indians within the United States shall be admitted unless she shall have been married to her soldier husband prior to the year 1905, and no wife or widow of an honorably discharged ex-soldier, sailor, or marine, who served in the army or navy of the United States in the war begun in the year 1898 between the Kingdom of Spain and the United States, or the Philippine insurrection, or the Boxer rebellion, or members of the Minnesota national guard mustered into federal service in 1916 and served on the Mexican border, shall be admitted unless she shall have been married to her soldier husband prior to the year September 1, 1922, and then only in the event that by reason of physical disabilities, infirmities or old age she is unable to support herself and has no other adequate means of support; and no wife, widow or mother shall be admitted unless she shall have been a resident of the state of Minnesota no less than five years next preceding the date of her application, and no wife, widow or mother shall be admitted unless she shall have attained the age of 55 years at the time of making such application. A widow eligible to admission, except that her soldier husband did not serve in a Minnesota regiment or was not a resident of Minnesota at time of his death, may be admitted, who has resided in this state not less than 15 years next preceding the date of her application for admission. In case such widow had been married to her soldier husband who was a veteran of the civil war, since prior to January 1, 1870, and had lived with her husband until his death in 1919, and such widow is now past 80 years of age and has been a bona fide resident of the state for more than six years last past and is otherwise eligible to admission, is hereby declared to be eligible to admittance to the soldiers' home of the state of Minnesota. In case such wife, widow, or mother who had previously been a resident of Minnesota for not less than ten years, and who has lost her residence in this state by removal therefrom for the benefit of her health or the health of her husband or son and who has returned to this state for the purpose of making it her home, may be admitted to the soldiers' home after having been a resident of this state not less than one year next preceding the date of her application, provided, such applicant is otherwise eligible to admission under the provisions of this section. All soldiers of the Minnesota national guard who heretofore have lost or hereafter may lose an arm or leg or his 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. Derivation: Laws 1933, c. 66, § 1. HISTORY AND SOURCE OF LAW Gen. St. Supp. 1879-88, c. 35, § 73. Laws 1887, c. 148, § 3. The provision appearing in the fifth paragraph of this section that "in case such widow had been married to her soldier husband who was a veteran of the Civil War, since prior to January 1, 1870 and had lived with her husband until his death in 1919, and such widow is now past eighty years of age and has been a bona fide resident of the State of Minnesota for more than six years last past and is otherwise eligible to admission, is hereby declared to be eligible to admittance to the soldiers' home of the State of Minnesota" was added by Laws 1933, c. 66, § 1. The provisions relating to campaigns against the Indians were limited to those "within the United States" by Laws 1931, c. 349. The provision in the fifth paragraph of this section that no wife or widow should be admitted unless she shall have been married to her soldier husband prior to the year 1905 was limited to a wife or widow of a "soldier of the War of the Rebellion or the soldier who actually served in any campaign against the Indians in Minnesota in the year 1862" by Laws 1929, c. 333 except that the campaign against the Indians was changed to those "within the United States" by the 1931 amendment as heretofore noted. The 1929 amendment also added the provision appearing in the fifth paragraph that "a widow eligible to admission, except that her soldier husband did not serve in a Minnesota regiment or was not a resident of Minnesota at time of his death, may be admitted, who has resided in this state not less than 15 years next preceding the date of her application for admission". Women inmates of the soldiers' home admitted under this section cannot be charged maintenance. Op. Atty. Gen., 394-A, Feb. 3, 1944. This section refers exclusively to qualifications necessary to obtain admission to the soldiers' home and they are not applicable to right to obtain relief from soldiers' relief fund outside of the home. Op. Atty. Gen., 394-I, Sept. 5, 1940. A person who merely reported for military service under draft and was discharged from draft without actually being enlisted is not eligible for admission to the soldiers' home. Op. Atty. Gen., 394-A, May 17, 1932. Neither the state sanatorium law nor the county sanatorium law exempts relatives from obligations imposed by § 261.01. Op. Atty. Gen., 339-N, March 28, 1930. 2. Residents and residence Residence in a government hospital for one year in Minnesota does not constitute legal residence in Minnesota sufficient for admission to the soldiers' home. Op. Atty. Gen., 394-A, Feb. 16, 1926. 3. Means of support In making admissions to the soldiers' home under this section the board may consider amount of pension or other income received by applicant in determining whether applicant has adequate means of support. Op. Atty. Gen. 394-A, Nov. 7, 1927. 4. Pensions 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. 5. Wife or widow The requirements imposed by this section on widows of war veterans for admission to soldiers' home are not applicable to their right to obtain relief outside of the home. Op. Atty. Gen., 394-A, May 27, 1938. A common law widow of a soldier is entitled to be regarded as soldier's widow in law and fact for purpose of admission to State Soldiers Home. Op. Atty. Gen. 1936, No. 347, p. 40. The widow of a veteran, even though she was his common law wife, is eligible to admission to the soldiers' home providing she is eligible in all other respects. Op. Atty. Gen., Gen., 310-K, July 25, 1929. 6. Parents The soldiers' home board is without authority to grant relief to soldier's father either within or without soldiers' home as long as the soldier is living but the opposite is true with reference to the soldier's mother. Op. Atty. Gen., 394-I, July 25, 1929. Op. Atty. Gen., 310-K, July 25, 1929. Where mother adopted a son when he was 18 months old and son, during World War, son enlisted in United States army, the mother stood in the position of natural mother for purpose of determining her eligibility to admission to soldiers' home. Op. Atty. Gen.. 394-A, May 2, 1938. The requirement as to indigency is applicable in case of mother of ex-soldier. Gen., 394-A, Oct. 9, 1930. 198.03 When compensation must be paid Op. Atty. Any person possessing all the qualifications required under now or hereafter existing laws to render him eligible to admission to the Minnesota soldiers' home, except that he has means of support, may, nevertheless, in the discretion of the soldiers' home board, be admitted to the Minnesota soldiers' home upon entering into and complying with the terms of a contract made by him with such board, providing for reasonable compensation to be paid by such person to the state of Minnesota for his care, support, and maintenance in the home. HISTORY AND SOURCE OF LAW Derivation: St. 1927, § 4346. Gen. St. 1923, § 4346. 1. Construction and application NOTES OF DECISIONS This section is to be construed as amending 198.17 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. 198.04 Admission of women nurses In addition to the persons eligible to admission to the Minnesota soldiers' home under existing laws, the trustees of the soldiers' home are hereby authorized to admit to the home any woman who is more than 65 years of age and who was regularly employed under the jurisdiction of the authorities of the Union army in charge of the hospital services thereof as a nurse for the soldiers of the Union army for a period of one year during the war of the rebellion, and who has been a resident of the state for a period of five years next preceding her application to such home. Derivation: St. 1927, § 4347. Gen. St. 1923, § 4347. Gen. St. 1913, § 3955. Laws 1913, c. 286, § 1. HISTORY AND SOURCE OF LAW 1. Construction and application NOTES OF DECISIONS A female army nurse is entitled to admission to the soldiers' home if she possesses the other prerequisites for admission. Op. Atty. Gen., 394-A, Dec. 23, 1927. Qualifications of army nurse for admission mean those and only those required of a soldier and need not be those additional requirements required of a wife, widow or mother. Id. 198.05 New Buildings The department of administration shall have and exercise full authority in the erection and construction of new buildings at the soldiers' home. When new buildings are to be erected and constructed by authority of the state or old buildings to be remodeled it shall be the duty of the department of administration to cause to be prepared plans and specifications for the same, but in so doing it shall consult with the trustees of the soldiers' home in respect to these plans and specifications and shall adopt and carry out, so far as it deems practicable, their requests and desires in the matter. Derivation: St. 1927, § 4348. Gen. St. 1923, § 4348. HISTORY AND SOURCE OF LAW 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 $10.00 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. Member of soldiers' home board attending veterans' meeting on official business is not attending a board or committee meeting and is not entitled to compensation therefor since under § 198.08 board may meet only at the home. Op. Atty. Gen., 394-F, Oct. 11, 1940. Per diem cannot be paid to a member of the soldiers' home board for attendance at conventions which are not meetings of the board or of a committee thereof. Op. Atty. Gen., 394-F, May 23, 1940. A trustee as member of the Soldiers Home Board may not charge the statutory per diem allowance of $10 per day plus mileage and other necessary expense for investigating relief |