Mar. 4,

1901, p.

168, § 4.

Ib., § 5.

Ib.

Ib.

Ib., § 6.

Pensions for Confederate Soldiers and Sailors.

and of his not deserting, must be proven by the affidavit of two reliable witnesses, who are acquainted with the facts, or by a parole or discharge given him at the surrender; such affidavit must be sworn to before some officer authorized to administer an oath, and if the officer and witnesses are nonresidents of the State of Alabama, the officer taking the affidavit must certify to the veracity of the witnesses.

2009. Widow of Confederate veteran who was on pension roll. The widow of any Confederate veteran whose name is now on the pension roll as now existing shall be placed on the pension record, and she shall become entitled to the amount of money allowed by law to the widows of Confederate veterans upon proof by two reputable witnesses that she is the widow of such Confederate veteran and has not remarried since the death of her husband.

2010. Examination of applicants for pension.-At the July term or session of the county board in each year, they shall call before them all applicants for pensions under this chapter, and subject them to an oral and physical examination, reducing said examination to writing, to be submitted to the state board of examiners; they shall also furnish to the state board their total valuation of the property owned by the applicant. If the county board of examiners shall find themselves unable to decide upon an application from the evidence submitted, or if the applicant is unable to appear by reason of inability to travel, or insanity, they shall summon witnesses or consider other evidence they may be able to secure in passing upon the application.

2011. Decision of county board submitted to state board.The county board shall submit to the state board of examiners, through the auditor of the state, their decision in each case examined by them, stating whether or not the application should be granted, and if granted, from what disability the applicant is suffering, together with the comments or information that may be of value to said state board in arriving at an equitable decision.

2012. Applications and papers forwarded to auditor.-All applications passed upon by the county board, together with all papers pertaining thereto, including their own findings, whether the application be granted or not, shall be by the county board of examiners forwarded to the auditor at Montgomery, on or before the 5th day of August in each year.

2013. State board of examiners receives and examines applications forwarded by county board and classifies same.—The state board of examiners shall receive from the auditor the applications forwarded him by the county board, and examine

Pensions for Confederate Soldiers and Sailors.

carefully and separately each application, together with all the evidence furnished by said county board, and decide whether or not the application should be granted, and if granted, in what class the pensioners shall be placed. If the application be granted, they shall so indorse upon the back of the application. If the application is refused, they shall so indorse it, giving the grounds of refusal.

1901, p.

2014. State board returns applications to auditor.-After Mar. 4, the board of state examiners shall have passed upon the appli- 188, 6. cations from a county they shall return the same to the auditor, who shall dispose of them as hereinafter provided.

2015. Compensation of examiners for pensions.—Each mem- Iь., § 7. ber of a county board shall receive one dollar for each application passed upon. The state board of examiners shall receive four dollars per day for days spent in the actual discharge of duty, together with the actual expense of travel to and from the capitol for one trip only; provided, that in no year shall said board be paid for more than fifteen days' service.

1899, p.

226, § 11.

2016. Warrants for pensions.-Upon the receipt of an item- Feb. 10, ized statement, sworn to as other claims against the state, from the county and state board of examiners by the auditor, he finding the same to be correct and unpaid, he shall draw his warrant upon the state treasurer, payable out of the pension fund then on hand, in payment thereof.

Ib., § 12; as

Aug. 13,

p. 719, § 1.

2017. Pensions classified.-The beneficiaries under this chapter shall be divided into four classes, as follows: Soldiers amended, or sailors who are totally blind, or who have lost two limbs, or the entire use thereof, shall be class number one; those who have lost a leg above the knee or an arm above the elbow shall be class number two; those who have lost a hand or a foot, or the entire use thereof, shall be class number three; and all others, including their widows, shall be class number four. The county board of examiners may, with the approval of the state board of examiners, transfer an applicant from any one of the lower classes to a higher class when, after examination, they find his increasing disabilities entitle him to such transfer. Each class shall participate in the division of the pension fund in the proportion hereinafter provided.

2018. Record and list of pensioners kept by auditor.-The Ib.. § 13. state auditor shall have prepared a substantially bound and properly ruled record to be used as a permanent state record of pensions, in which he shall have recorded in alphabetical order, according to counties, the names of all pensioners, together with their postoffices, who have been granted relief under this chapter by the boards of examiners, giving the command to which such pensioner belonged, age at the time of

Feb. 10, 1899, p.

226, § 13.

Ib., § 14.

Ib., § 15.

fb.

Mar. 4,

168, § 8;

1907, p.

302, § 2.

Pensions for Confederate Soldiers and Sailors.

filing his application, branch of service, nature of disability under which he claims a pension, nature of wounds if wounded in the service, and the engagement in which such wounds were received.

2019. Applications rejected returned to county board.—All applications rejected by the board shall be returned to the county board of examiners, who shall file them with the judge of probate of the county, to be kept for future reference.

2020. Auditor furnishes probate judges abstract or copies of list of pensioners.-The auditor, after completing the record, shall furnish each judge of probate in the state an abstract of all pensioners in his county, which abstract or copy shall be by the judge of probate recorded in a substantially bound and properly ruled book, to be kept in his office as a public record of pensions.

2021. Blanks, application, etc., for pension.-The auditor shall prepare and furnish to the judges of probate in the state, sample copies of blank applications, affidavits, and such other* blanks as he may deem necessary to carry out the provisions of this chapter. The judge of probate shall have printed a sufficient number of all blanks furnished him for the use of applicants in his county; the same shall be furnished free of cost to those desiring to make application for relief under this chapter.

2022. Blanks and records; how paid for.-All records, blanks, and other stationery necessary for the use of applicants or the board of county examiners shall be paid for by the county as other stationery, and that used by the auditor shall be paid for by the state, as other stationery.

2023. Amount of pension prorated according to classes.— 1901, p. Immediately after the first day of October in each year, the Mar. 6, state auditor shall ascertain the amount of pension fund subject to distribution for that year, and prorate the same among all those who have been granted pensions in the ratio as follows: To pensioners of the first class, the sum of twenty-five dollars; to pensioners of the second class, the sum of twenty dollars; to pensioners of the third class, the sum of sixteen dollars; and to pensioners of the fourth class, the sum of twelve dollars and fifty cents, for each quarter; and if the amounts appropriated for the said pensioners are not sufficient to pay said amounts to be paid on the first day of July of said fiscal year, then the amount on hand for the said last quarter shall be divided among all said pensioners pro rata; and if there is on hand for said pensioners an amount more than enough to pay the amount as herein provided for the last quarter in any fiscal

Pensions for Confederate Soldiers and Sailors.

year, then said overplus shall be divided among all the pensioners pro rata. All needy Confederate soldiers and sailors and widows of such soldiers and sailors, who are resident citizens of this state, and who, other than as to residence within this state, are entitled to such pensions under the laws of this state, shall have and enjoy the benefits of the appropriations hereby made.

1899, p.

p. 226, §

6, 1907, p.

302, § 2.

2024. Pensioners; warrants drawn by auditor and delivered Feb. 10, to probate judges.-All moneys appropriated in any manner to the relief of needy Confederate soldiers and sailors and their 17; Mar. widows, or collected as special taxes for their benefit, shall be paid quarterly on the first day of October, January, April, and July of said fiscal years. The state auditor, at the end of each quarter, shall draw his warrant in favor of each pensioner, upon the treasurer, payable out of the pension fund, for such amount as may be found due under the provisions of this chapter for the preceding quarter, which warrant, together with a blank receipt to be signed by the payee upon the receipt of such warrant, shall be sent to the judge of probate in the county in which the pensioner resides. The judge of probate shall deliver such warrants to the payee, having them to sign the receipt accompanying, which receipts the judge of probate shall retain in his custody for three months, after which time he shall return to the auditor all receipts by him for such pension warrants, together with any warrants that he may have in his hands which he could not deliver; all warrants so returned to the auditor shall be by him cancelled, and no other warrant shall be issued in the place of those cancelled.

1903, p.

492, § 1.

2025. Revision of pension roll by board of examiners.-The Oct. 9, county board of examiners in each year shall revise the pension roll of their respective counties, and if, upon careful investigation, it should appear to them that any pensioner whose name stands on the roll is in any way illegally drawing a pension, the name of such pensioner, together with the name of any pensioner who has died or removed from the state, shall be sent to the state board of examiners, with a recommendation that the name of such pensioner be erased from the pension roll. If, upon receipt of such information by the state board of examiners, it should appear to them that any erasures should be made from the roll, they shall so notify the probate judge, and no warrant shall thereafter be issued to any pensioner whose name the state board of examiners shall decide should be erased from the pension roll.

2026. Warrants of pensioners who die; disposition of by Ib. probate judge.-Should a pensioner die after the office of the county board of examiners has been closed and prior to the

Feb. 10,

1899, p. 226, $19.

Mar. 4,

1901, p. 168, $10.

Feb. 10, 1899, p. 226, § 21.

Ib., § 22.

Ib., § 23.

Pensions for Confederate Soldiers and Sailors.

issuance of the warrant, and the name of the widow of such pensioner has not been placed upon the pension roll for the same year, the judge of probate shall deliver the warrant to the widow or minor child, or children of such deceased pensioner, and should there be no widow or minor child of such deceased pensioner, the judge of probate shall endorse and collect the warrant and attach to it his certificate, showing the facts upon which he is authorized to so endorse and collect the warrant, and the proceeds thereof he shall apply first, to the payment of the burial expenses; second, to the expenses of the last illness of such pensioner.

2027. Applicants rejected; who may apply second time.— It shall not be necessary for any soldier, sailor, or widow, who has been granted a pension, to make application the second time, but those who have been rejected may file their application again, if they were not rejected for an attempt at fraud, or false statements, or for not having served in the Confederate army, or in the troops of Alabama; these are barred from making a second application.

2028. Causes not good ground for rejecting application.— The failure of an applicant to give the date of enlistment or discharge, or the letter of the company or regiment in which he served, shall not be sufficient cause of rejection. Neither shall the fact of having done service in the home guard or state reserve or state militia of any other state than Alabama entitle an applicant to relief under this chapter.

2029. Pension secured by misrepresentation stricken from record. If it shall be ascertained that any pensioner secured the grant of his pension by misrepresentation, either by himself or others, his name shall be stricken from the pension record of the county and state, and the fact reported to the grand jury for their investigation.

2030. Examiners may administer oath.-Each member of the county board may administer oaths to applicants and witnesses. Any applicant under this chapter, or any witness examined, or whose affidavit is used in connection with an application, who swears falsely, to any material matter in connection therewith, shall be guilty of perjury.

2031. Special tax levied.-To carry out the provisions of this chapter, a special tax of one mill on each dollar of the taxable property of the state shall be assessed and collected annually, as other taxes are, but separately reported by the assessors and collectors and set apart in the treasury to carry out the provisions of this chapter.