York, or any two of them, may make such compromise and arrangements with the putative fathers of bastard children in said city, relative to the support of such children, as they shall deem equitable and just, and thereupon may discharge such putative fathers from all further liability for the support of such bastards. ARTICLE 6 Soldiers, Sailors and Marines Section 80. Relief of soldiers, sailors and marines, and their families. 81. Post to give notice that it assumes charge. 82. Posts to appoint joint relief committees in certain cities. 83. Poor or indigent soldiers, sailors or marines without families. 84. Burial of soldiers, sailors or marines. 85. Headstones to be provided. § 80. Relief of soldiers, sailors and marines, and their families. No poor or indigent soldier, sailor or marine who has served in the military or naval service of the United States and who has been honorably discharged from such service nor his family nor the families of any who may be deceased, shall be sent to any almshouse, but shall be relieved and provided for at their homes in the city or town where they may reside, so far as practicable, provided such soldier, sailor or marine or the families of those deceased, are, and have been, residents of the state for one year; and the proper aduiting board of such city or town or in those counties where the poor are a county charge, the superintendent, if but one, or superintendents of the poor, as such auditing board in those counties, shall provide such sum or sums of money as may be necessary to be drawn upon the commander and quartermaster of any post of the Grand Army of the Republic, or of any camp of the United Spanish War Veterans of the city or town, made upon the written recommendation of the relief committee of such post or camp; or if there be no post or camp in a town or city in which it is necessary that such relief should be granted, upon the like request of the commander and quartermaster and recommendation of the relief committee of a Grand Army post, or a camp of the United Spanish War Veterans, located in the nearest town or city, to the town or city requested to so furnish relief, and such written request and recommendation shall be a sufficient authority for the expenditures so made. (As amended by chapter 102 of the Laws of 1910, and chapter 120 of the Laws of 1915.) The power to determine who are the indigent persons and families, the necessity for their relief, the measure thereof, the place where and the circumstances under which the same shall be administered, is not vested exclusively in a relief committee of a Grand Army post, but the proper officers of a town, city or county, having jurisdiction to raise and appropriate money for the relief of the poor, have jurisdiction and control over the same, and may determine the amount of money necessary. The Grand Army post may apply to the auditing board of the munici pality for such sum of money as it deems necessary for the purpose of the act, and that board must exercise its judgment and discretion as to the amount to be appropriated; where it has so done its determination is final, and not subject to review by any court. Court of Appeals, January, 1893, People er rel. Crammond v. The Common Council, 136 N. Y. 489. Where an honorably discharged veteran eighty years of age with poor eyesight and in feeble health has no property but his pension of twenty-two dollars a month, which is not sufficient for his support, and the appropriation made by the town authorities under section 80 of the Poor Law for the use of its veteran relief committee is nearly or quite exhausted, and it ap pears that the veteran has two sons, one earning seventeen dollars a week who has a wife and two children, his son being self-supporting, the other son, married, and earning about fifteen dollars a week but without children, an order will be granted under section 914 of the Criminal Code directing each of the veteran's sons to contribute two dollars a week to his support. County Court, Onondaga County, November, 1912, Matter of Conklin, 78 Misc. Rep. 269. A city comptroller should not be compelled at the direction of the relief committee of the Grand Army of the Republic to pay a certain sum to the widow of an honorably discharged Union soldier, out of the funds appropriated for the relief of such persons, under the provisions of section 80 of the Poor Law, where it appears that such widow is not a poor person within the meaning of the statute, since she is receiving a pension of twelve dollars per month, and also one dollar and fifty cents per week in addition to her board for her services as a housekeeper. A determination by a Grand Army post that a certain sum of money shall be paid to a veteran is not conclusive upon a city comptroller. Supreme Court, March, 1914, People ex rel. Conde v. Meyers, 161 App. Div. 315. The consent of a veteran to be sent to an almshouse does not relieve the persons charged with the duty, from providing him with "home" relief. INQUIRY. Has any overseer, poormaster, or any one connected with the execution of the general poor law of this state, the right to refuse admission to any alms house, any indigent soldier, sailor or marine who voluntarily presents himself and asks to be admitted and cared for? OPINION. The statute (section 80 of the Poor Law) provides: "Relief to veteran soldiers, sailors and marines; not to be sent to almshouses; duty of grand army of republic. No poor or indigent soldier, sailor or marine who has served in the military or naval service of the United States, nor his family nor the families of any who may be deceased, shall be sent to any almshouse, but shall be relieved and provided for at their homes in the city or town where they may reside, so far as practicable, provided such soldier, sailor or marine or the families of those deceased, are, and have been, residents of the state for one year; Again, in section 83 it is provided: "Poor or indigent soldiers, etc., without families to be sent to soldiers' home. Poor or indigent soldiers, sailors or marines provided for in this article, who are not insane, and who have no families or friends with whom they may be domiciled, may be sent to a soldiers' home. Any poor or indigent soldier, sailor or marine provided for in this chapter, or any member of the family of any living or deceased soldier, sailor or marine, who may be insane, shall upon recommendation of the commander and relief committee of such post of the Grand Army of the Republic or camp of the United Spanish War Veterans, within the jurisdiction of which the case may occur, be sent to the proper state hospital for the insane. (Poor Law, § $3, as amended by L. 1910, Chap. 102.)" no poor or indigent soldier shall be sent," indicate Nevertheless, I The words, in one sense involuntariness on the part of the veteran. believe the purpose of the statute indicates that veterans are not to be sent at all as long as it is in any way possible to afford home relief. The state recognizes needy veterans as its wards and special charge, and the commonwealth might well feel its own humiliation to see its defenders in the almshouse. There is, therefore, a double purpose to be served, in the protection of the veteran's pride and the honor of the state. It is the plain duty of the posts who have assumed the responsibility to put themselves in the position of guardian and guide of the veteran. There can be no question of the real fitness of adequate care at home as compared with the same care in the poorhouse. It also suggests itself, although this is not presented in this particular case, that unfaithful officials fraudulently might procure or claim to have procured the consent of the veteran to be removed to the almshouses and thus destroy the practical effect of the statute. I am, therefore, of the opinion that it is the duty of the persons charged with the care of indigent veterans to make the choice for them and to always furnish the home relief. If the veteran is without a home, the committee should find him one in proper lodgings or otherwise, where ineligible for the soldiers' home. Dated, December 9, 1913. THOMAS CARMODY, To D. S. BARBER, Secretary, G. A. R. Relief Committee, Rochester, N. Y. § 81. Post or camp to give notice that it assumes charge. The commander of any such post or camp which shall undertake to supervise relief of poor veterans or their families, as herein provided, before his acts shall become operative in any town, city or county, shall file with the clerk of such town, city or county, a notice that such post or camp intends to undertake such supervision of relief, which notice shall contain the names of the relief committee, commander and other officers of the post or camp; and also an undertaking to such city, town or county, with sufficient and satisfactory sureties for the faithful and honest discharge of his duties under this article; such undertaking to be approved by the treasurer of the city or county, or the supervisor of the town, from which such relief is to be received. Such commander shall annually thereafter, during the month of October, file a similar notice with said city or town clerk, with a detailed statement of the amount of relief requested by him during the preceding year, with the names of all persons for whom such relief shall have been requested, together with a brief statement in each case, from the relief committee, upon whose recommendation the relief was requested, provided, however, that in cities of the first class said. notice and said detailed statement shall be filed with the comptroller of such city, and said undertaking shall be approved by him, and provided further that in any city of the first class which is now or may hereafter be divided into boroughs, such notice, and such detailed statement each in duplicate shall be filed with the comptroller, and he shall forward one of said duplicates to the commissioner or deputy commissioner of charities for the borough in which the headquarters of such post or camp is situated, and it shall be the duty of the commissioner of charities to annually include in his estimate, of the amount necessary for the support of his department such sum or sums of money as may be necessary to carry into effect the provisions of sections eighty, eighty-one, eighty-three, eighty-four and eightyfive of this chapter, and the proper officers charged with the duty of making the budget of any such city shall annually include therein such sum or sums of money as may be necessary for that purpose. Provided, further, that in the city of New York the relief shall be paid by the comptroller, by warrant to the order of the beneficiaries, on a recommendation signed by the relief committee, the commander and the quartermaster of such post or camp, out of the amount appropriated for such purpose. Moneys actually laid out and expended except in the boroughs of the city of New York by any such post or camp for the relief specified in section eighty of this chapter shall be reimbursed monthly to such post or camp by the comptroller on vouchers duly verified by the commander and quartermaster of said post or camp, showing the date and amount of each payment, the certificate of the post or camp relief committee, signed by at least three members, none of whom shall have received any of the relief granted by the post for which reimbursement is asked, showing that the person relieved was an actual resident of such city, and that they recommend each payment, and the receipt of the recipient for each payment, or in case such receipt could not be obtained, a statement of such fact, with the reason why such receipt could not be obtained. Such vouchers shall be made in duplicate on blanks to be supplied by the comptroller and shall be presented to the commissioner of charities for the borough in which the headquarters of the post or camp is situated, and if such commissioner is satisfied that such moneys have been actually expended as in said voucher stated, he shall approve the same, and file one of said duplicates in his office and forward the other to the comptroller, who shall pay the same by a warrant down to the order of the said commander. And provided further that in the city of New York if the comptroller is satisfied that a poor or indigent soldier, sailor or marine, who has served in the military or naval service of the United States, or his family, and has been honorably discharged therefrom, or the families of any who may be deceased, are in actual want, and that immediate relief is needed by either, provided he or they shall have been residents of the state for the year last past, and is or are actual residents of said city, he may, in his discretion authorize and empower the commander of the post or camp to furnish relief to him or them in a reasonable amount, and pay the amount by warrant to the commander of the post or camp, taking the receipt in duplicate of the commander of the post or camp therefor, and file one of said receipts in his office, and forward |