Legislature Enacts New Law For Reimbursement Of

Municipalities.

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RELIEF FOR COUNTY

POOR TO BE CURTAILED

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Only Written Applications

To Be Considered By Board.

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On the thirteenth of March,a bill introduced into the State Legislature by Senators Romberg of this County and Herman Schmechel of Renville County, was approved by the Governor which will make it possible for counties and other municipalities to recover from poor persons or their estates, moneys which such municipality may have advanced for support, maintenance or burial of such poor person.

Text of New Law

The new law reads as follows: Whenever any person is furnished or provided with support, maintenance, care or burial as a poor person by any county,city, town, village or borough, the municipality so furnishing such support, maintenance, care or burial shall have a claim therefore against said person or his or her estate for the reasonable value thereof, which claim may be presented and prosecuted by said municipality,at its option, upon discovery of any property belonging to said poor person or to his or her estate.

Such claims, when against the estate of a deceased person, shall be filed in probate court, and acted upon as in case of other claims.

Adverse Decision Prompt Action

This new legislation is the direct results of an adverse decision rendered by Judge Olsen at the last term of the district court in a proceeding in which the County of Brown attempted to recover moneys advanced to Caroline Dufek during her life time. The County had expended the sum of $679 for her sup-port, maintenance and care and after her death it developed that had property valued at approximately $1,000 which she had willed to a brother.

The County thereupon filed its claim against the estate for the amount ex-pended for her care and this was allowed by the Probate Court and the Executor of the estate took an appeal to the district court. Judge Olsen directed a verdict against the County and in favor of the executor on the ground that under existing law, the County could not recover, inasmuch as the County had furnished the aid gratuitously and without expectation of being reimbursed at any time. With this new law on the statute books, it will be possible for municipalities to recover any moneys expended for care, maintenance and support and burial, if it should develop later that the person thus aided had property from which the municipality could be reimbursed.

Lines Tighten For Poor Relief

In line with this new legislation is a resolution adopted at a recent meeting of the board of county commissioners which will make it less easy for persons who claim to be in need, from securing aid from the county poor fund. Hereafter no application for county relief will be entertained by the com-missioners unless it is in writing and plainly sets forth the reason for applying for public charity, giving the names of all relatives of the applicant, who are,under existing laws, legally liable for their support. In addition the applicant must also agree in writing to re-pay to the County, if and when able,all monies advanced out of the poor fund for his or her relief.

Relatives Liable For Support Section 3067, Chapter 15, General Statutes of,1923 makes it the duty of children, parents, brothers and sisters,grandchildren or grandparents in the order named, having sufficient ability, to support such poor person, to do so. If they fail to do so when directed thereby the board of county commissioners or the council of any city, village or town, then such municipality shall be empowered to commence proceedings to recover $15.00 per month from such relatives.

Written Application To Be Filed

Under the terms of the resolution adopted by the county board all applications for relief must be filed with the county auditor and it devolves upon him to give written notice to the relatives to furnish such support and if they fail to comply with the request, legal proceedings will be instituted to compel them to forfeit the sum of $15.00 per month as provided by law.

With a strict enforcement of this resolution and with the new legislation recently enacted, it should be possible for the county to materially reduce the amount of money that is now being annually expended for the relief of the poor.

New Ulm Review,

March 18, 1925

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