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State legislation for cooperation with the federal government in this plan for the settlement of soldiers was enacted in a majority of the states in 1919, but since these state laws provide for cooperation with the federal government in the manner provided in the national soldiers' settlement bill this state legislation must remain largely ineffective until the federal bill is enacted by congress.

Legislation typical of the general movement to cooperate with the federal government in its land settlement plan may be found in: Arizona (Laws 1919, chap. 141); California (Laws 1919, pp. 838 and 1182); Colorado (Laws 1919, chap. 151); Maine (Laws 1919, chap. 189); Missouri (Laws 1919, p. 704); New Mexico (Laws 1919, chap. 127; Oregon (Laws 1919, chap. 303); South Dakota (Laws 1919, p. 374); Tennessee (Laws 1919, chap. 140); Utah (Laws 1919, chap. 74 and 106); Washington (Laws 1919, chap. 188); and Wyoming (Laws 1919, p. 242).

Most of this legislation was originally enacted, or else amended in 1919, with the direct object of coordinating federal and states agencies for soldier settlement. Thus the Oregon law (1919), chap. 303) declares:

"Section 2. The object of this act is to provide useful employment and the opportunity to acquire farm homes with profitable livelihood on the land for soldiers, sailors and marines honorably discharged from the service of the United States and other qualified settlers and to provide for cooperation of the state with the agencies of the United States engaged in work of a similar character."

"Section 7. For the purpose of this act the commission may also, under contract with the United States, or any department thereof, undertake any work of farm improvement, subdivision of land, supervision of the settlement of land and the selection of settlers, the agricultural training of prospective settlers, the supervision of short term loans, the rejection of applications for allotments, the collection of moneys, the operation and maintenance of projects undertaken; and may perform any other acts as may be necessary to effect full cooperation with federal agencies for land settlement purposes.”

A typical act providing for cooperation with the United States in the settlement of returned soldiers was passed in Maine in 1919, (chap. 189). In the language of the law :

"The object of this act, is, in recognition of military service, to provide employment and rural homes for soldiers, sailors, marines, and others who have served with the armed forces of the United States in the European war or other wars of the United States, including former American citizens who served in allied armies against the Central Powers and have been repatriated, and who have been honorably discharged, hereafter referred to generally as 'soldiers'; and to accomplish such purpose by cooperation with the agencies of the United States engaged in work of a similar character.”

In defining the powers and duties of the soldier settlement board of the state the act continues :

“Sec. 4. Available lands; cooperation with United States authorities; powers of board. The board shall satisfy itself of the prac

ticability of each undertaking proposed, utilizing all related and serviceable state agencies, all which are hereby authorized and directed to cooperate with and assist said board in every way, and thereupon shall cooperate with the authorities of the United States in the preparation of plans for settlement of soldiers. The board is authorized to utilize public lands of the state and to acquire agricultural lands which may be deemed suitable for settlement, together with necessary water rights, rights of way, and other appurtenances, for settlement for purposes of husbandry and business incidental thereto. When deemed advisable in the discretion of the board and the cooperating agencies of the United States, any of said lands may be leased until it may be deemed advisable to sell or use the same. The board may also set aside and dedicate to public use appropriate tracts for roads, school houses, churches or other public purposes. Any lands belonging to the state and deemed by the board suitable for the purposes of this act shall be available for disposition by the board and the state land agent and forest commissioner shall cooperate with the board in every way necessary to carry out the purposes of this act in regard to such lands. The board is hereby authorized to perform all acts necessary to cooperate with the agencies of the United States engaged in work of similar character."

Further provision is made in the act for opening surplus lands to other settlers and for grouping lands in "Soldiers' Districts". The land settlement board is given plenary powers in carrying the act into effect, and it is required to report bi-annually to the legislature and to make recommendations for legislation. It is further required to furnish a copy of its report to the secretary of the interior.

A number of the state farm loan acts were extended in 1919 so as to give soldiers preference in the settlement of available lands. Among these may be mentioned: Arizona (Laws 1919, chap. 141); Oregon (Laws 1919, chap. 303); and South Dakota (Laws 1919, p. 374).

A proposed amendment to the constitution of Kansas (Art. 15, Sec. 11) to be voted upon in 1920 contains a similar preference. The amendment reads in part: “To encourage the purchase, improvement and ownership of agricultural lands and the occupancy and cultivation thereof, provision may be made by law for the creation and maintenance of a fund, in such manner and amount as the legislature may determine, to be used in the purchase, improvement and sale of lands for agricultural purposes.”

"The legislature may provide reasonable preferences for those persons who served in the army and navy of the United States in the World War and holding an honorable discharge therefrom."

Vocational rehabilitation. The Federal Government has made general provision for the vocational rehabilitation of soldiers, sailors and marines. The several congressional acts provide for training, allowances and compensation to persons disabled in military service in the World War. The general supervision of the work is placed under

the direction of the Federal Board of Vocational Education. (Act June 27, 1918, chap. 107, sec. 2, as amended Act July 11, 1919, chap. 12. Sec. 30787/2 b. U. S. Comp. Stats.)

Committees and boards for welfare of soldiers. In a number of states provision has been made for state committees to supervise the employment of soldiers and to look after their welfare generally in their readjustment to civil life. Typical provisions are found in the legislation of 1919 for California (p. 4); Washington (chap. 9); and Massachusetts (chap. 125).

The act establishing a soldier and sailors' commission in Massachusetts covers most of the subjects included in similar legislation for other states. It reads in part as follows:

“Section 1. There is hereby established the soldier and sailors' commission, whose object shall be to investigate the economic or other conditions which have resulted in the non-employment of many soldiers, sailors and marines who have been honorably discharged or have been released from the service of the United States; to procure employment for them; to take such measures as may be legal and proper to induce former employers of soldiers and sailors to reinstate them in the positions which they held before entering the service; to provide means of support for them and their dependents if they are unable to procure employment, or if they are unable to work on account of disability, or illness; and, in general, to befriend, protect and encourage those citizens of the commonwealth who have received or shall hereafter, receive an honorable discharge or release from the military or naval service of the United States. “Section 2.

The commission shall serve without compensation, but shall be allowed such sums for its necessary expenses as may be approved by the governor and council, to be paid out of the appropriation or appropriations for aiding returning soldiers, sailors and marines, in finding employment.

"Section 3. The said commission shall investigate all cases of non-employment among men discharged or released from the military or naval service of the United States which are brought to its attention, shall ascertain, as far as possible, how many discharged soldiers or sailors are seeking employment, what kind of employment they are fitted for, and in what cities or towns they are resident. The commission shall ascertain from the municipal authorities of all cities in the commonwealth, and of the larger towns, what constructive public work in respect to buildings, roads, bridges or otherwise could advantageously be undertaken immediately, or in the near future, in their respective municipalities, what would be the cost of each undertaking, and whether it would be practicable, and of advantage to the public. Similar information as to possible constructive work, and the feasibility and estimated cost thereof shall be obtained by the commission from the various county commissioners and from the commission on mental diseases, the state board of charity, the state board of labor and


industries, the Massachusetts highway commission, the commission on waterways and public lands, the commissioner of agriculture, the state forester, the board of commissioners on fisheries and game, the Massachusetts commission for the blind, the board of education, the homestead commission, the metropolitan park commission, the metropolitan water and sewerage board, and the transit department of the city of Boston. And it is hereby made the duty of the mayors, or corresponding officers or boards of cities, of the selectmen of towns, and of the other officers, boards, commissions and departments aforesaid, to furnish the commission hereby established with all the information which they possess as to the matters above mentioned, or which they can procure by reasonable efforts. The said information shall be furnished to the commission, as speedily as possible, in pursuance of this act, and without any special request therefor. It shall be the duty of the said commission to report from time to time to the general court, with such suggestions for legislation or otherwise as it may deem necessary or proper; and if any such report shall become necessary after the present general court has been prorogued, it shall be made to the governor."

"Section 4. The commission shall appoint in such industrial centres and other cities and towns of the commonwealth as may seem to it expedient, local soldiers and sailors' committees, or may designate any existing local committee or agency to act as such a committee, and may delegate to said committees such powers and duties as in the judgment of the commission may be necessary effectively to carry out the provisions of this act in all parts of the commonwealth. Such local committees shall, under the supervision and direction of the commission, exercise the powers and duties delegated as aforesaid, and shall make such reports to the commission as it may require. The said commission is hereby authorized to request any persons, associations or corporations which have already established agencies or headquarters for the relief of discharged soldiers, sailors and marines, or shall hereafter establish the same, to cooperate with the said commission or to restrict, divert or cease their efforts, as the commission may deem best for the common good.

"Section 5. The soldiers and sailors' commission shall continue in existence until it is dissolved by proclamation made by the governor; and the governor is hereby authorized and requested to dissolve the commission whenever, in his judgment, the reasons for its existence have ceased.”

Conclusions. Soldiers' preferences in civil service laws have been expressly upheld by the Supreme Court of Illinois. (People v. Brady, 262 111. 578, p. 594, 1914.) There would seem no doubt as to the validity of legislation giving certain privileges to soldiers in state institutions or providing for the physical rehabilitation of soldiers.

Tax exemptions of soldiers are clearly forbidden by the present constitution, which specifies what tax exemptions may be made.

There is no constitutional objection to legislation providing aid to soldiers in obtaining employment. The use of state lands for the settlement of soldiers is probably valid in most states without constitutional change, but little can be accomplished by such a plan in Illinois.

In some states plans have been adopted either (1) for the advancement of money to purchase property for soldiers, or (2) for the payment of tuition money to soldiers, or (3) for the direct payment of soldiers' bonuses. Clearly the state cannot now engage in any banking enterprise (Art. XI, Sec. 5). Loans or advances to soldiers may be forbidden by the provision that: “The state shall never pay, assume or become responsible for the debts or liabilities of, or in any manner give, loan or extend its credit to, or in aid of any public or other corporation, association or individual”. Article IV, section 19 of the constitution provides that: “The general assembly shall never grant or authorize extra compensation, fee or allowance to any public officer, agent, servant or contractor, after service has been rendered on a contract made, nor authorize the payment of any claim, or part thereof, hereafter created against the state under any agreement or contract made without express authority of law; and all such unauthorized agreements or contracts shall be null and void: Provided, the general assembly may make appropriations for expenditures incurred in suppressing insurrection or repelling invasion."

The constitution seems to have intended to prevent the legislative grant of gratuities, and employes' pension schemes have been upheld on the ground that the pension is a deferred payment for services rendered. (People v. Abbott, 274 Ill. 380, 1916).

There is of course no legal obligation upon the state to pay bonuses or other compensation to soldiers who were in the service of the United States, and the constitutional provision just referred to might be held to forbid such payments. The question may also present itself as to whether such payment would constitute a public purpose for which public money may be used. In Taylor v. Thompson, 42 Ill. 9 (1866), the state Supreme Court upheld legislation authorizing the payment of local bounties to volunteers.1

1 See a further discussion of such bounties in Cooley's Constitutional Limitations, seventh edition, pp. 326-333.

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