Treadway v. Board of Directors

Veterans’ Home—Constitutional Law—Special Act.—The act of March 11, 1897, accepting from the Veterans’ Home Association of Mapa County a conveyance of its title to its tract, improvements and furnishings, and making the same a state home for aged and indigent ex-soldiers, sailors and marines of the United States army and navy, is a valid special law in a ease where a general law could not be made applicable.

Id.—Power of Legislature Over Conditions of Membership—Delegation to Governing Board.—The legislature, having power to make the “Veterans’ Home” a state institution, had the power to regulate the conditions of membership therein, either directly or by delegating power over such conditions to the governing body of the state institution.

Id.—Construction of Statute and Amendments With Begulattons of Board Begolating Membership.—The act of March 11, 1897, and the acts amendatory thereof of March 20, 1905, and of March 16, 1907, are to be taken in connection with the regulations of the board, in determining the conditions on which applicants may enter and remain as members of the State Veterans’ Home.

Id.—Disposition of Pension Money of Members Dying Intestate After Amendments—Administration not Permissible.—Where an applicant for admission to the State Veterans’ Home on March 20, 1903, was lawfully required to deposit all pension moneys with the state treasurer, and to agree to be governed not only by the laws of the state and the rules of the board then existing, but also by all amendments to such laws and rules, and he died subsequent to the amendment of March 16, 1907, and to an amended rule in pursuance thereof, requiring all pension moneys of a deceased member not disposed of by will to be distributed, without probate, to a widow, minor children, or dependent mother or father, in the order named, within five years, and if no such relative appears within that time the same shall escheat to the state, there can be no administration of pension moneys of a member dying intestate.

Id.—Reasonableness of Amended Statute and Rule.—The provision of the amended statute and rule is not harsh or ungenerous, as applied to an indigent applicant for membership, supposed to have no one under legal obligation to support him, and to the terms of which he agreed when admitted. The pension money being exempt from execution, no rights of creditors are to be considered in its distribution; and the law wisely provides that it shall not be subject to the fees and commissions of the public administrator and his attorney.

Id.—Disposition of Trust Fund—Avoidance of Administration.— The pension moneys agreed to be deposited were a trust fund, to the disposition of which the owner had consented in writing, reserving only the retained right to withdraw it in his lifetime, but with lawful directions for its disposition, in ease of his dying intestate, as specifically directed. This he had the right and power to do; and such disposition of the fund negatived a testamentary intent, and constituted a gift in trust during life to avoid administration after death.