institutional revolving fund, soldiers' home, respectively; the amount remaining unexpended from each fund; and the estimated amount which will be required for the support and maintenance of the home during the next succeeding six month period. At the end of each month the commandant shall submit a statement of expenditures to the state auditor, duly certified upon oath, showing the amount paid to each person and firm, designating the type of service rendered and commodity purchased during the month. This monthly statement shall be audited by an auditor, appointed by the board of trustees of the soldiers' home. The state auditor shall submit the monthly statement to the state auditing board for approval and should that board not approvve the payments thereon listed or any of them, the payments herein provided to be made from the soldiers' home fund to the treasurer of the soldiers' home shall be made by the state auditor only to the extent that the said payments exceed the unapproved items, until such corrections as the state auditing board may require are effected. Approved February 24, 1953. CHAPTER 4. OHIO SOLDIERS' AND SAILORS' HOME. SECTION 1905. Ohio soldiers' and sailors' home. 1905-1. Board of trustees of the Ohio soldiers' and sailors' home; membership; duties; etc. 1906 to 1908. [Repealed.] 1909. 1910. 1911. 1912. 1913. 1914. 1915. Who may be admitted to Ohio soldiers' and sailors' home. Inspection by congress of the United States. What soldiers or sailors shall have preference. How expenses of transportation to the home shall be paid. Insane person not admitted to home. Proceedings when inmate becomes insane. Hearing by probate judge; costs. 1916 to 1918. [Repealed.] HOME. That place or country in which one in fact resides with the intention of residence, or in which he has so resided, and with regard to which he retains either residence or the intention of residence. Bouvier's Law Dictionary, Baldwin's Revision, p. 505. § 1905. Ohio soldiers' and sailors' home. There shall be an institution under the name of "The Ohio soldiers' and sailors' home", which shall be a home for honorably discharged soldiers, sailors and marines. (83 v. 107, § 1.) Ohio, 16 et seq. See 102 v. 31 for special act to authorize the trustees to make an expenditure of unclaimed moneys. Separate quota for soldiers' home. G. C. § 2042. Soldiers' relief commission. G. C. §§ 2930 et seq. Soldiers' burial plots. G. C. 2946 et seq. Soldiers' burial. G. C. §§ 2950 et seq. Tax for indigent soldiers. G. C. §§ 2942, et seq. Orphans' home. G. C. §§ 1931 et seq. § 1905-1. Board of trustees of the Ohio soldiers' and sailors' home; membership; duties; qualifications; term; vacancy; removal or suspension; quorum; supplies, how purchased; appointment of superintendent; annual report to the governor.-There shall be a board known as the board of trustees of the Ohio soldiers' and sailors' home, which shall consist of five members who shall have charge and custody of the Ohio soldiers' and sailors' home at Sandusky, Ohio. All of these members shall be veterans of wars in which the United States has participated, and not more than three of said members shall be of the same political party. The trustees shall serve without compensation, but they shall be allowed their actual expenses incurred in the discharge of their duties. The governor, with the advice and consent of the Senate, shall appoint the members of the board; one for a term of five years, one for a term of four years, one for a term of three years, one for a term of two years, and one for a term of one year, commencing the first day of July, 1941; and thereafter, each year the governor, with the advice and consent of the Senate, shall appoint one trusess who shall serve for a term of five years, from the ensuing first day of July. A vacancy in the office of trustee occasioned by expiration of term, removeal or otherwise shall be filled in the same manner as the original appointment, and shall be for the remainder of the term. At any time the governor may removed any trustee with the advice and consent of the Senate. During the recess of the Senate he may suspend any trustee but shall report his action to the Senate at its next session, and, if the Senate so advise and consent, such trustee shall be removed, but otherwise he shall be restored to his office. The governor shall designate a person to perform the duties of the suspended trustee during such suspension. The nomination by the governor and confirmation by the Senate of a person to take the place of a trustee in office, shall be a removal of such trustee. Such board shall govern, conduct and care for the home, the property thereof, and the veterans residing therein as provided in the laws governing the department of public welfare so far as the provisions thereof are not inapplicable and are not inconsistent with the provisions of the laws governing such home. Three members of the board shall constitute a quorum but any two may approve accounts for the payment of current expenses, salaries, and open contracts previously entered into by the board. All supplies for the home shall be purchased as provided in section 1849 of the General Code. The board of trustees of the Ohio soldiers' and sailors' home shall appoint a superintendent for said home upon the terms and conditions as they may deem proper, and said superintendent, with the advice and consent of the board, shall employ such aids, assistants and employees, and perform the other duties as may be assigned to him by said board of trustees or become necessary in the carrying out of his duties, and he shall be responsible directly to the board. The board of trustees shall make an annual report to the governor as to all expenditures and as to the operation and management of the Ohio soldiers' and sailors' home. (119 v. 439, § 1. Eff. Jan. 1, 1942.) 119 v. 439, § 4, provides: "During 1942 the cost of the operation of the home, including all sums required for personal service and maintenance items, shall be paid out of any moneys appropriated in the 1941 general appropriation act (H. B. No. 665), for the department of public welfare upon requisition by the board of trustees of the Ohio soldiers' and sailors' home and approved by the director of public welfare and the controlling board." SS 1906 to 1908. Repealed. (102 v. 223.) §1909. Who may be admitted to Ohio soldiers' and sailors' home.-All honorably discharged officers, soldiers, sailors and marines, who served in the regular or volunteer forces of the United States or the Ohio national guard or members of the naval militia during the Civil war, the war with Spain, the Philippine insurrection, the China relief expedition, the Indian war, the Mexican expedition, the World War I, or World War II and who have been citizens of Ohio one year or more at the date of making application for admission, who are disabled by disease, wounds or otherwise, and by reason of such disability incapable of earning their living, and all soldiers of the national guard of Ohio, or members of the naval militia 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 its board of trustees adopts. (120 v. 15; 114 v. 156; 107 v. 617; 99 v. 123, § 2. Eff. June 4, 1943.) Poor, 1 et seq. Where one has served in the regular army of the United States for a period of three years, has been honorably discharged and has been a resident of the state for a period of one year preceding his application, he may be admitted to the Ohio Soldiers' and Sailors' Home if his physical condition authorizes such admission as set forth in G. C. § 1909. 1929 O. A. G. No. 600. § 1910. Inspection by congress of the United States.-The management and control of the home shall be subject to such inspection and supervision as the congress of the United States may require as a condition of making appropriations for its maintenance. A person appointed or designated by congress may make such inspection and exercise such supervision, and, if so required by congress, he may have and exercise the privileges of a member of the board of trustees. (89 v. 40. § 5.) United States, 1 et seq. § 1911. What soldiers or sailors shall have preference. In the admission of honorably discharged soldiers who have served the United States government, preference shall be given to those who served in Ohio military organizations. In the admission of sailors and marines, preference shall be given to those credited to Ohio in the late civil war. (89 v. 39, § 1.) Military, 1 et seq. § 1912. How expenses of transportation to the home shall be paid.-When a soldier, sailor, or marine is entitled to admission into the home, the chairman of the soldiers' relief commission of the county in which such soldier, sailor or marine resides, upon application, may furnish him transportation thereto by the most direct route from his residence. Such transportation shall be paid from the soldiers, sailors and marines indigent relief fund of the county. (99 v. 123, § 2.) Counties, 88 et seq. § 1913. Insane person not admitted to home.-An insane person shall not be admitted to the home. In case such person, through misrepresentation as to his condition, be sent thereto, he shall be returned to, and the expense thereof be borne by the county whence he came. (98 v. 80, § 2.) Insane Persons, 1 et seq. § 1914. Proceedings when inmate becomes insane.-When an inmate of the home becomes insane, the commandant shall file with the probate judge of the county in which it is located substantially the following affidavit: commandant of the Ohio soldiers' and sailors' home, being duly sworn, says that he believes that an inmate thereof, is insane; that, in consequence of his insanity, his being at large is dangerous to the community, and that he was received into the home from county, on the day of (89 v. 47, § 1.) A. B. Insane Persons, 7 et seq. See Deibel's Probate Law, § 100. § 1915. Hearing by probate judge; costs.-When such affidavit is filed, the probate judge shall forthwith determine the sanity of such inmate, and, as far as applicable, the statutes governing in cases of admission to a state hospital for the insane, shall apply. The probate judge shall have the same authority and may receive and order paid the same fees and costs as the probate judge would have in the county in which such inmate was resident at the time of entering the home. (88 v. 139, §§ 2, 3.) Courts, 156 et seq. See Deibel's Probate Law, § 101. §§ 1916 to 1918. Repealed. 117 v. 550, § 113 [§ 1890-113]. (117 v. 550, 113; 98 v. 80, § 2; 88 v. 139, §§ 2, 3. Eff. Jan. 1, 1938.) 1921. Who entitled to admission to Madison home. 1921-1. Widows, mothers and nurses of men in war with Spain admitted to home. 1921-2. Wives, widows or mothers of veterans may be admitted to Madison home. 1922. 1923. 1924. 1925. [Repealed.] Rules and regulations. [Repealed.] Powers of managers to make contracts. 192 to 1930. [Repealed.] HOME. That place or country in which one in fact resides with the intention of residence, or in which he has so resided, and with regard to which he retains either residence or the intention of residence. Bouvier's Law Dictionary, Baldwins' Revision, p. 505. § 1919. Name of the Madison home.—The home established at Madison, Lake county, shall be under the name, "The home of the Ohio soldiers, sailors, marines, their wives, mothers and widows and army nurses." (97 v. 69, § 1.) Ohio, 16 et seq. § 1920. Who entitled to its benefits.-The benefits of the Madison home shall extend to all those who were inmates thereof at the time it was established as a state institution. No person may be admitted thereto who, at the time it was so established, was an inmate of another home, or institution, established by the state or national government for the care of soldiers, sailors or marines. (97 v. 69, § 1.) Military, 1 et seq. § 1921. Who entitled to admission to Madison home.-Subject to the provision that preference be given to those who served in Ohio military organizations, the following persons may be admitted to the Madison homes: All honorably dis charged soldiers, sailors and marines, who served the United States government in the Civil war, from eighteen hundred sixty-one to eighteen hundred sixty-five, who are citizens of Ohio, and who are not able to support themselves; their wives, to whom such soldiers, sailors, and marines were married at any time prior to June first nineteen hundred five; their widows, to whom such soldiers, sailors and marines were married prior to June first, nineteen hundred five; and the dependent mothers of such soldiers, sailors and marines; residents of Ohio; in case of death of such soldier, sailor or marine, his surviving wife may live in and be supported by the home. (108 v. Pt. 1, 625; 101 v. 112; 97 v. 69, § 2.) Military, 1 et seq. This section referred to in G. C. §§ 1921-1, 1921–2. § 1921-1. Widows, mothers and nurses of men in war with Spain admitted to home.-Subject to the provisions of section 1921 of the General Code, widows or mothers of men who served in the war with Spain, or nurses who served in that war, may be admitted to the Madison home. Provided, however, this section shall not be construed to require or to have required that Spanish American war widows must have been married prior to June 1, 1905, as provided by section 1921 of the General Code. (115 v. Pt. 2, 190; 114 v. 223; 108 v. Pt. 1, 626. § 1921-2. Wives, widows or mothers of veterans may be admitted to Madison Home. Subject to the provision that preference be given to those entitled to admission to the Madison home under sections 1921 and 1921-1 of the General Code, there may be admitted to the Madison home not to exceed forty wives, widows or dependent mothers or honorably discharged soldiers, sailors, and marines who served the United States government in the world war for any period of time between the sixth day of April, 1917, and the eleventh day of November, 1918, the China relief expedition, the Philippine insurrection or any other war or campaign in which the United States has been engaged or may be engaged at any future time and who, at the time of their enlistment or induction into service, were citizens of the state of Ohio for a period of at least one year preceding their admission to the Madison home, and are, at the time of their admission to said home, unable to support themselves. (117 v. 315, § 1; 115 v. Pt. 2, 190; 115 v. Pt. 2, 116; 115 v. 229. Eff. Aug. 9, 1937.) Military, 1 et seq. S$ 1922, 1923. Repealed, 102 v. 223, § 41. (102 v. 223, § 41; 97 v. 70, § 3; 97 v. 71, § 9.) § 1924. Rules and regulations.-The board of managers shall make rules and regulations for receiving into, and discharging from the home the inmates thereof, which shall not conflict with the provisions of this or other law of the state. (97 v. 70, § 7.) Ohio, 16 et seq. § 1925. Powers of managers to make contracts.-The board of managers may make contracts in its own name for all purposes incident to the home. A donation of property accepted by it, shall be conveyed in fee simple to the state of Ohio, free from incumbrance or condition, other than that it shall be used by the state to carry out the purposes of the home, and, when not necessary for that purpose, be used for some other eleemosynary purpose. Before such property is accepted, the title thereto must be approved by the attorney general. 70, § 6.) Ohio, 16 et seq. (97 v. Bequest to charitable purposes. G. C. § 10504. §§ 1926 to 1930. Repealed, 102 v. 223, § 41. (102 v. 223, § 41; 97 v. 70, §§ 4, 5, 7; 101 v. 98.) SECTION CHAPTER 6 OHIO SOLDIERS' AND SAILORS' ORPHANS' HOME 1931. Ohio soldiers' and sailors' orphans' home. 1931-1. Board of trustees for O. S. and S. O. Home; appointment; term; vacancy; powers and duties. 1932. What children may be admitted to the home. 1932-1. Admission of children of members of O. N. G. naval, militia or of organized reserves, etc. 1933. Retention, support and education. Apportionment admitted from each county. 1934. 1935. 1936. 1937. What schools shall be established and maintained. 1939. 1940. Purchase of books, tools, etc.; disposition of products. Payment of pupils for work authorized; selection of trade or occupation. 1941, 1942. [Repealed.] 1943. Information concerning discharged pupils. 1944. Trustees may place inmate in private family, 1945. 1946. Support of children entitled to admission outside of institution. Board shall have complete control and supervision of the home; select and employ superintendent and employes. [1946-1, 1946-2 omitted. Appropriation act.] 1946-3. Superintendent shall be the guardian of the estate of all minors; liability. 1946-4. [Repealed.] ORPHANA minor or infant who has lost both of his or her parents. term is applied to a person who has lost only one of his or her parents. Dictionary, Baldwin's Revision, p. 881. Sometimes the § 1931. Ohio soldiers' and sailors' orphans' home.-There shall be an institution under the name of "The Ohio Soldiers' and Sailors' Orphans' Home", which shall be a place for the care and education of children of deceased and disabled soldiers and sailors. (R. S. § 676.) Ohio, 16 et seq. Legislative approval of construction by trustees of soldiers' and sailors' orphans' home. State v Ohio S. & S. O. Home, 87 O. S. 275. § 1931-1. Board of trustees of Ohio soldiers' and sailors' orphans' home; appointment; term; vacancy; powers and duties.-There shall be a board known as the board of trustees of the Ohio soldiers' and sailors' orphans' home, who shall have charge and custody of the Ohio soldiers' and sailors' orphans' home at Xenia, Ohio, which said board shall consist of five members. The governor with the advise and consent of the senate shall appoint the members of such board, one each year as the terms of office of the existing members expire; such appointment shall be for a term of five years from the ensuing first day of July. The terms of the present incumbents shall be extended to the first day of July in the year in which their respective terms of office expire. A vacancy in the office of trustee occasioned by expiration of term, removal or otherwise shall be filled in the same manner as the original appointment, and shall be for the remainder of the term. At any time the governor may remove any trustee with the advice and consent of the senate. During the recess of the senate he may suspend any trustee but shall report his action to the senate at its next session, and, if the senate so advise and consent, such trustee shall be removed, but otherwise he shall be restored to his office. The governor shall designate a person to perform the duties of the suspended trustee during such suspension. The nomination by the governor and confirmation by the senate of the person to take the place of a trustee in office, shall be a removal of such trustee. Such board shall govern, conduct and care for such home, the property thereof and the children therein as provided in the laws governing "The Ohio board of administration" so far as the provisions thereof are not inapplicable and are not inconsistent with the provisions of the laws governing such home. Three members of such board shall constitute a quorum but any two may approve accounts for the payment of current expenses, salaries and open contracts previously entered into by the board. All supplies for such home shall be purchased as provided in section one thousand eight hundred forty-nine of the General Code. (116 v. 210; 112 v. 163; 109 v. 128; 103 v. 159, § 1. Eff. Aug. 19, 1935.) Ohio, 16 et seq. A member of the board of trustees of the Ohio Soldiers' and Sailors' Orphans' home can not legally be apointed by such board as superintendent or "acting superintendent" of said home. The two positions are incompatible. 1928 O. A. G. No. 2194. 95196-57--35 |