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HISTORICAL NOTE

From Laws 1897, p. 28; Laws 1901, p. 182; Laws 1903, p. 206; Laws 1907, p. 310. For R. S. 1939, § 15137, from which this section and 88 212.090, 212.110 were taken, see Historical Note under § 212.090.

REVISION COMMENT

See Revision Comment under § 212.090.

VETERANS HOMES, ELECTION LAWS OF MISSOURI 1955-56, EDITION, § 111.060 (OLD 11469)

111.060. Qualifications of voters.-All citizens of the United States, including residents of soldiers' and sailors' homes, over the age of twenty-one years who have resided in this state one year, and the county, city or town sixty days immediately preceding the election at which they offer to vote, and no other person shall be entitled to vote at all elections by the people. Each voter shall vote only in the township in which he resides, or if in a town or city, then in the election district therein in which he resides. No idiot, no insane person and no person while kept in any poorhouse at public expense or while confined in any public prison shall be entitled to vote at any election under the laws of this state; nor shall any person convicted of a felony, or a misdemeanor connected with the exercise of the right of suffrage, be permitted to vote at any election unless he shall have been granted a full pardon; and after a second conviction of felony or of a misdemeanor connected with the exercise of the right of suffrage, he shall be forever excluded from voting. (11469, A. L. 1943, p. 555. A 1949 H. B. 2049)

Disqualification for conviction of certain offenses, RSMo 129.420, 129.490, 129.500, 557.490, 558.130, 559,470, 560.610, 551.340.

Qualification of voters, Const. Art. VIII § 2.

Qualifications of voters where registration is required:
Cities of 10,000 to 30,000 inhabitants, RSMo 114.040.
Cities of 30,000 to 50,000 inhabitants, RSMo 115.020.
Cities of 50,000 to 100,000 inhabitants, RSMO 116.020.

Cities of 300,000 to 700,000 inhabitants, RSMo 117.040.

Cities of 600,000 inhabitants or more, RSMo 118.030.
Jackson county, RSMo 113.540.

St. Louis county, RSMo 113.040.

Restoration of rights of citizenship, RSMo 217.370, 222.030, 549.170.

VETERANS HOMES, MONTANA LAWS, 1945, CHAPTER 57

CHAPTER 57

AN ACT to Amend Section 1546.1 Revised Codes of the State of Montana, 1935, Relating to Money and Personal Effects of Deceased Members of the Montana Soldiers' Home

Be it enacted by the Legislative Assembly of the State of Montana: Section 1. That Section 1546.1 of the Revised Codes of the State of Montana, 1935, be and the same is hereby amended to read as follows:

"Section 1546.1. Reversion to Soldiers' Home of Money Left by Deceased Members and Not Claimed by Heirs.-Any money left on deposit with the Montana soldiers' home by a decreased member which is not claimed by his heirs in ten (10) years shall revert to the Montana soldiers' home, to be placed in a welfare fund to be expended under the direction of the board of managers. Any personal effects of any deceased member, after the expiration of one (1) year from the date of his death, may be given to living members or be sold by said board at a public sale, unless claimed by the executor, administrator, or other legal representative, of said deceased member within said one (1) year. Said board is authorized to give to any living member any clothing of said deceased member as such living member may require for his health or welfare. All personal effects of a deceased member heretofore accumulated or on hand or which may hereafter accumulate at said soldiers' home may be sold or given to living members as herein provided. If such personal effects are not so claimed within such time, said personal effects may be sold. Said board shall give notice of such sale to be held at such soldiers' home on a date to be fixed by the board and such sales shall be advertised in some newspaper of general circulation, published and circulated in Flathead county, Montana, and elsewhere if the board deems it advisable, in three consecutive weekly issues of said newspaper or newspapers, at least fifteen (15) days prior to said sale. The proceeds of said sale or sales shall be placed by said board in the deceased members fund at said

soldiers' home in the name of such deceased member, and if not claimed by his heirs in ten (10) years, to revert to the Montana soldiers' home to be placed in a welfare fund to be expended under the direction of the board of managers.”

Section 2. All acts and parts of acts in conflict herewith are hereby repealed. Section 3. This act shall be in full force and effect from and after its passage and approval.

Approved February 19, 1945.

VETERANS HOMES, MONTANA LAWS, 1945, CHAPTER 81

CHAPTER 81

An Act to Amend Section 1535, Revised Codes of the State of Montana, 1935, Relating to Admission to the Montana Soldiers' Home

Be it enacted by the Legislative Assembly of the State of Montana:

Section 1. That Section 1535 of the Revised Codes of the State of Montana, 1935, be and the same is hereby amended to read as follows:

"Section 1535. Any soldier, sailor, or marine, who served in the army or navy of the United States during the late Civil war, or in the Mexican war, or during any troubles between the United States and the government of Mexico, or the people of Mexico, or in the late war with Spain, or in any insurrection in the Philippine Islands, or during the Boxer troubles with China, or who, within the borders of the territory of Montana, served in the Sioux war of 1875 or the Nez Perce war of 1877, or any person who served with the United States army in the campaign of 1890 and 1891 against the Sioux and Cheyenne Indians or other Indian campaigns within the borders of the State of Montana, or during the war with Germany and Austria, or who served in Russia, Siberia, or any other foreign country during the war with Germany and Austria, or any person who served in any branch of the military service of the United States during the current World War, known as World War II, or who while a citizen of the United States, served in the army or navy, or other branch of the military establishment of any of the allies of the United States and has returned to and lives in Montana, or during any troubles arising or growing out of any such war or wars, and has received honorable discharge therefrom, who at the time of admission is an invalid by reason of disease contracted, wounds received, old age, or by reason of other disability, and who has become unable to earn a livelihood by reason thereof, shall be eligible to admission to the benefits of the home under the rules and regulations prescribed by the board of managers thereof, on the certificate of disability by a county commissioner and the county physician of the county in which the applicant may reside; and the transportation of such applicant to said soldiers' home shall be a proper county charge, and be paid by said county if the applicant is unable to pay the same; provided, that the benefits of said home shall not be extended to anyone who has not resided within the State of Montana for a period of one (1) year next preceding the date of his application, or to anyone who has not resided within the county from which he asks to be sent to the home for the period of three (3) months from the date of his application, nor to anyone convicted of a felony or of a crime involving moral turpitude, nor shall anyone who has been an habitual drunkard be received without sufficient evidence of subsequent good conduct and reformation of character as may be satisfactory to the said board of managers; provided, further, that in case said soldiers' home shall not have the capacity to receive all persons designated here, that veterans of the Civil war shall have preference as to admission."

Section 2. All acts and parts of acts in conflict herewith are hereby repealed. Section 3. This act shall be in full force and effect from and after its passage and approval.

Approved February 22, 1945.

VETERANS HOMES, REVISED CODES OF MONTANA ANNOTATED, 1947, CHAPTER 3 §§ 80-301 TO 80-322

CHAPTER 3

SOLDIERS' HOME

Section 80-301. Governor empowered to accept national aid.
80-302. Auditor authorized to receive and disburse moneys.

80-303. Soldiers' home established.

80-304. Board of managers.

80-305. Oath and bond of managers.

80-306. Meeting-organization-officers.

80-307. Meetings of managers.

80-308. Commandant-subordinate officers-salaries-discharge.
80-309. Records.

80-310. Who are eligible to admissio).

80-311. Admission of wives or widows.

80-312. Proposals for site--conditions of donation.

80-313. Board may accept donations.

80-314. Office of board.

80-315. Compensation of managers.

80--316. Insane inmates.

80-317. How money drawn from treasury.

80-318. Inspection.

SO-319. Contracts.

80-320. Inmates not required to assign pension.

80-321. Chaplain.

80-322. Reversion to soldiers' home of money left by deceased members and not claimed by heirs.

80-301. (1526) Governor empowered to accept national aid.—The governor is hereby empowered and directed to accept for the state the conditions imposed by an act of Congress entitled "An act to provide aid to state, or territorial homes for the support of disabled soldiers and sailors in the United States," approved August 27, 1888. He is further directed to send to the president of the board of managers of the national home for disabled volunteer soldiers a copy of all laws bearing upon the establishment, regulation, and maintenance of the soldiers' home at Columbia Falls, Montana, with all printed regulations relating to the management of said home, together with a copy of this and the next section. History: En. Sec. 1, p. 93, L. 1897; re-en. Sec. 1281, Rev. C. 1907; re-en. Sec. 1526, R. C. M. 1921.

Army and Navy 52.

6 C. J. S. Army and Navy § 62.

80-302. (1527) Auditor authorized to receive and disburse moneys.-The state auditor is hereby empowered and directed to receive and receipt for any and all moneys that may become due the state by reason of said act of congress, and to turn the same into the state treasury for the use and benefit of the state soldiers' home, to be disbursed and accounted for in the same manner as other money appropriated out of the state treasury for the maintenance of said home.

History: En. Sec. 1, p. 93, L. 1897; re-en. Sec. 1282, Rev. C. 1907; re-en. Sec. 1527, R. C. M. 1921. Army and Navy 52.

6 C. J. S. Army and Navy § 62.

80-303. (1528) Soldiers' home established. There is hereby established in this state a soldiers' home, the object of which shall be to provide home and subsistence to honorably discharged soldiers, sailors, and marines who have served in the United States army or navy, and who have become unable to earn a livelihood by reason of such service, or from age or otherwise.

History: En. Sec. 2510, Pol. C. 1895; re-en. Sec. 1283, Rev. C. 1907; re-en. Sec. 1528, R. C. M. 1921.

NOTE. Changed by code commissioner of 1921, to conform to later enactments. References: Cited or applied as section 1283, revised codes, in In re Beck's Estate, 44 M 561, 584, 121 P 784, 1057.

80-304. (1529) Board of managers.-The general supervision and government of said home shall be vested in a board of managers, to consist of five members, one of whom shall be the department commander of the Grand Army of the Re

public of the state of Montana, or in case the office of department commander of the Grand Army of the Republic of the state of Montana shall be at any time abandoned or discontinued then the department commander of the Spanish American War Veterans of the state of Montana for the time being shall be a member of the board, and the remaining four shall be appointed by the governor, by and with the advice and consent of the senate. Of the four members so appointed as aforesaid, two shall hold their office for the term of four years and two for the term of two years respectively, and until their successors are appointed and qualified. The governor, at the time of the making of the said appointments, shall designate the period for which each member is appointed, and thereafter every two years the governer shall appoint two members of said board of managers, who shall hold their office for the term of four years, and until their successors are appointed and qualified. The governor shall have the power to remove any member of the board for inefficiency or other good and sufficient cause, and in case of any vacancy in said board by death or otherwise, the governor shall appoint a suitable person to fill the vacancy for the unexpired term. No less than three members of said board of managers shall be ex-soldiers or sailors of the United States, and one of the board shall be a regular practicing physician, duly licensed under the laws of the state of Montana.

History: En. Sec. 2511, Pol. C. 1895; re-en. Sec. 1284, Rev. C. 1907; re-en. Sec. 1529, R. C. M. 1921; amd. Sec. 1, Ch. 149, L. 1925.

80-305. (1530) Oath and bond of managers. Before entering upon his duties each member of the Board of managers shall take the oath prescribe by law, and shall execute to the state of Montana a bond in the penal sum of one thousand dollars, to be approved by the governor and filed in the office of the secretary of state, conditioned for the faithful performance of his duties and the honest and faithful disbursement of and accounting for all moneys and property which may come into his hands as such managers.

History: En. Sec. 2512, Pol. C. 1895; re-en. Sec. 1285, Rev. C. 1907; amd. Sec. 1, Ch. 20, L. 1911; re-en. Sec. 1530, R. C. M. 1921.

80-306. (1531) Meeting-organization-officers.-As soon as practicable after the board of managers are appointed and qualified, and not later than the first Tuesday in May, 1895, and upon due notice given, the members of said board shall meet at the capital of the state and organize by electing one of their number president, and one of their number secretary and treasurer of said board, who shall hold their respective offices until the first Tuesday in May, 1896, and they shall be elected annually thereafter. The secretary and the treasurer shall keep a faithful record of all the transactions of the said board of managers and the books and records and accounts pertaining to such soldiers' home, under such rules and regulations as may be established by said board, and shall receive such salary as said board may determine.

History: En. Sec. 2513, Pol. C. 1895; re-en. Sec. 1286, Rev. C. 1907; re-en. Sec. 1531, R. C. M. 1921.

80-307. (1532) Meetings of managers.-The board of managers of the soldiers' home shall hold three regular meeting each year, to-wit: on the second Tuesday of March, July, and November in each year; and they may have special meetings, on the call of the president and one other member of the board, for the transaction of such business as may be stated in the call. Three members of the board shall constitute a quorum for the transaction of business.

History: En. Sce. 2514, Pol. C. 1895; re-en. Sec. 1287, Rev. C. 1907; amd. Sec. 1, Ch. 23, L. 1909; re-en. Sec. 1532, R. C. M. 1921.

80-308. (1533) Commandant-subordinate officers-salaries-discharge. The board of managers shall appoint a commandant of the soldiers' home, who shall receive a salary not to exceed two hundred dollars ($200.00) per month, who shall be a resident of the state of Montana, and shall have served in the army or navy of the United States during the late war of the rebellion or in the Spanish-American War, or in the World War, and shall have received an honorable discharge therefrom.

They shall formulate and publish all necessary rules and regulations to be reasonably and impartially enforced by the commandant of the home, subject to appeal to the board of managers.

All subordinate officials and employees of the home shall preferably be selected from residents of the state who have served in the army or navy of the United States and have been honorably discharged therefrom.

The salaries of the commandant and all subordinate officials and such other employees as may be necessary shall be fixed by said board of managers; provided, that the compensation so paid shall in no case exceed such reasonable and necessary compensation as is paid for like services in similar institutions.

Any such subordinate official or employee may be suspended or discharged by such commandant for inefficiency or misconduct and a statement of the case shall be reported to the said board, who shall upon application offer such official or employee a hearing, and the action thereon of the board shall be final.

History: En. Sec. 2515, Pol. C. 1895; re-en. Sec. 1288, Rev. C. 1907; amd. Sec. 2, Ch. 23, L. 1909; re-en. Sec. 1533, R. C. M. 1921; amd. Sec. 1, Ch. 126, L. 1925; amd. Sec. 1, Ch. 156, L. 1931.

NOTE. This section held a violation of section 20, article VII of the constitution insofar as it authorized the board of managers of the soldier's home to fix the salaries of the officials and members of such home. Opinions of Attorney General Vol. 19, No. 112. (See also Ch. 30, L. 1943, sections 59-901 and 59-902.)

80-309. (1534) Records.-The board of managers shall keep a record of the proceedings of all regular and special meetings, as well as a full and complete account of all moneys or other property received by them, or that have come under their control, from any source whatsoever; a detailed and itemized account of all the expenses; the names, places of birth, full record of service in the army or navy of persons admitted, and the last place of residence before such admissions; all deaths, discharges, and removals, with the cause thereof; and the names of persons making donations to the home, with a description of the same. They shall on or before the first day of December in each year transmit to the governor of the state a report in writing containing a detailed statement of the transactions of the board, and a full account of the receipts and expenditures of said home for the preceding year, together with such suggestions as they may see fit to make for the future usefulness of said home.

History: En. Sec. 2516, Pol. C. 1895; re-en. Sec. 1289, Rev. C. 1907; re-en. Sec. 1534, R. C. M. 1921.

80-310. (1535) Who are eligible to admission.-Any soldier, sailor, or marine, who served in the army or navy of the United States during the late Civil war, or in the Mexican war, or during any troubles between the United States and in the government of Mexico, or the people of Mexico, or in the late war with Spain, or in any insurrection in the Philippine Islands, or during the Boxer troubles with China, or who, within the borders of the territory of Montana, served in the Sioux war of 1875 or the Nez Perce war of 1877, or any person who served with the United States army in the campaign of 1890 and 1891 against the Sioux and Cheyenne Indians or other Indian campaigns within the borders of the state of Montana, or during the war with Germany and Austria, or who served in Russia, Siberia, or any other foreign country during the war with Germany and Austria, or any person who served in any branch of the military service of the United States during the current World War, known as World War II, or who while a citizen of the United States, served in the army or navy, or other branch of the military establishment of any of the allies of the United States and has returned to and lives in Montana, or during any troubles arising or growing out of any such war or wars, and has received honorable discharge therefrom, who at the time of admission is an invalid by reason of disease contracted, wounds received, old age, or by reason of other disability, and who has become unable to earn a livelihood by reason thereof, shall be eligible to admission to the benefits of the home under the rules and regulations prescribed by the board of managers thereof, on the certificate of disability by a county commissioner and the county physician of the county in which the applicant may reside; and the transportation of such applicant to said soldiers' home shall be a proper county charge, and be paid by said county if the applicant is unable to pay the same; provided, that the benefits of said home shall not be extended to anyone who has not resided within the state of Montana for a period of one (1) year next preceding the date of his application, or to anyone who has not resided within the county from which he asks to be sent to the home for the period of three (3) months from the date of his application, nor to anyone convicted of a felony or of a crime involving moral turpitude, nor shall anyone who has been an habitual drunkard be received without sufficient evidence of subsequent good conduct and reformation of character as may be satisfactory to the said board of managers; provided, further, that in case said soldiers' home shall not have the capacity to receive all persons designated here, that veterans of the Civil war shall have preference as to admission.

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