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U. S. D E P A R TM E N T OF LABO R
CHILDREN’S BUREAU
JULIA G. LATHROP. Chief
LAWS RELATING TO
“ MOTHERS’ PENSIONS” IN THE
UNITED STATES, DENMARK
AND NEW ZEALAN D
D E P E N D E N T C H IL D R E N S E R I E S , N o. I
Bureau Publication No. 7
WASHINGTON
GOVERNMENT PRINTING OFFICE
1914
3(o
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Ë
PUBLICATIONS OF THE CHILDREN’S BUREAU.
First Annual Report o f the Chief, Children’s Bureau.
[Bureau publication No. 1.] The Children’s Bureau; a circular containing the
text of the law establishing the bureau and a brief outline o f the plans for
immediate work. (Out o f print.)
[Bureau publication No. 2.] Birth Registration; an aid in protecting the lives
and rights of children; necessity for extending the registration area.
Bureau publication .No. 3. Infant Mortality Series No. 1, Baby-saving Cam
paigns; a preliminary report on what American cities are doing to prevent
infant mortality.
Bureau publication No. 4. Care o f Children Series No. 1, Prenatal Care, by
Mrs. Max West.
Bureau publication No. 5. Part 1 of Handbook o f Federal Statistics of Children;
number of children in the United States with their sex, age, race, nativity,
parentage, and geographic distribution.
Bureau publication No. 6. Infant Mortality Series No. 2 ; New Zealand Society
for Health of Women and Children; an example of methods o f baby-saving
work in small towns and rural districts.
Bureau publication No. 7. Dependent Children Series No. 1 ; Laws Relating to
“ Mothers’ Pensions ” in the United States, Denmark, and New Zealand.
2
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s fc
U,S'&C* n
CONTENTS.
Letter of transmittal:..................................................................................................
Sg
Introduction:
History of “ mothers’ pension” legislation in United States..... ....................
7
Summary of the laws of the various States....... ...............................................
9
The Danish and New Zealand widows’ pension laws.....................................
11
Haws relating to “ mothers’ pensions” in United States:
California........................................ . ................................................
jq
Aid to mothers in San Francisco..............................................................
16
17
Commission toinvestigate mothers’ pensions......................... ..................
Colorado....................................................................................................
yj
Operation of law
................... ............................................................
19
Idaho.......................................................................................................
in
21
Illinois............. ....................................................................................... ,
Operation of law in Cook County..............................................................
23
Forms used in juvenile court of Cook County.......................................
24
Iowa..........................................
qq
Massachusetts..............................................................................................
34
Operation of la w ....................................................................... ................
33
Letter of State board of charity to overseers of poor..............................
34
36
Michigan............................ ..... ................................ ................................ .
Minnesota....................................... ................. .......................... .............. .........
39
Missouri............................................................................................. ............
4q
Operation of law in Jackson County..........................................................
42
Forms used in juvenile court of Jackson County.......................... .........
42
Ordinance of St. Louis creating beard of children’s guardians.............
44
Nebraska..... .................. ......................................................................................
4g
Nevada...................................... ..........................................................................
43
New Hampshire..................... ...................................................... ......................
gg
New Jersey....... ........................................................................ ...........................
50
Forms adoptedby State board of children’s guardians'...........................
52
New York (Commission)............................................................... ....................
55
O h io ...:............................................................... ...................................... . . "
56
O klahom a.........................................................................................................
. gg
Oregon....... -.................................................
58
Pennsylvania...................
gg
South Dakota............... ................................................................................ ’
Ag
gg
Utah................
Washington.......................................................
g4
Forms used in juvenile court of King County............................ ...........
66
Wisconsin.............................
gg
Operation of law .......................
72
Forms adopted by State board of control........................................ ....... .
72
Danish law regarding assistance to children of widows, 1913 ................................
76
New Zealand Widows’ Pension Act, 1911 ................
79
Amendment, 1912 ....................
g4
Regulations.............................
gg
Forms....... ......... ............................. .................................................................
91
Operation of la w ..............
99
...............
98
List of references on “ mothers’ pensions” .
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LETTER OE TRANSMITTAL.
U . S. D e p a r t m e n t
of
L abor ,
C h il d r e n ’s B u r e a u ,
Washington , D. G., March 20, 191Jf.
S ir : I have the honor to transmit herewith a compilation o f laws
relating to “ mothers’ pensions ” in 22 States o f this country, and in
Denmark and New Zealand, together with certain notes as to their
operation, and a bibliography.
In 1913, more than h alf the State legislatures in session that year
considered bills providing public aid for mothers of young children
otherwise dependent.
In IT o f these (California, Idaho, Iow a, M as
sachusetts, M ichigan, Minnesota, Nebraska, Nevada, New H am p
shire, New Jersey, Ohio, Oregon, Pennsylvania, South Dakota, Utah,
W ashington, and W isconsin) “ mothers’ pension ” laws were passed;
in 2 (Illinois and M issou ri), existing laws were revised and amended;
in Oklahoma the “ school scholarship ” provision was reenacted in
the revised school la w ; while in California and New Y o rk laws were
passed providing for commissions to study the question o f “ mothers’
pensions.”
In 6 other States (Arizona, Connecticut, Indiana, K a n
sas, North Dakota, and Tennessee) bills were under consideration,
but failed o f passage. One additional State (Colorado) had adopted
a “ mothers’ compensation a c t” at the November election, 1912,
which became effective January, 1913.
There are now in operation
in 21 States (including Oklahoma) laws providing aid to mothers in
varying sums and under varying conditions. The earliest o f these
laws were secured in 1911.
Thus it w ill be seen that in two years there has come into existence
in States embracing h alf the population o f the country a type o f leg
islation whose purpose is admittedly uniform , namely, to secure for
young children home life and the personal care o f a good mother.
N o one quarrels with this purpose.
O n the other hand, the opinions
o f experts on social betterment do not agree as to the wisdom o f try
ing to secure this purpose through so-called pension legislation, as
will be seen by an examination o f the discussions referred to in the
attached bibliography.
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The methods and standards prescribed in
5
6
LETTER OF TRANSMITTAL.
the different States váry. I t is impossible that all should prove
equally valuable in serving their common purpose. A t the present
time it is impracticable for this bureau to undertake any field study
o f the operation o f these laws (even were it not premature), but in
view o f the immediate legislative importance of the matter and of its
various bearings, it is believed that the follow ing compilation of
American texts, together with the New Zealand law passed in 1911
and a translation o f the Danish law passed in 1913, added for pur
poses of comparison, will prove timely and useful. The bibliog
raphy, while not exhaustive, contains most o f the significant recent
material.
The preparation of the bulletin is the work of M iss Laura A .
Thompson, librarian o f the bureau.
Respectfully submitted.
J u l ia
H on. W
il l ia m
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B. W
il s o n ,
Secretary o f Labor,
C.
L athrop,
Chief,
INTRODUCTION.
HISTORY OF “ MOTHERS’ PENSION” LEGISLATION IN THE UNITED
STATES.
The earliest o f the laws providing for the care o f dependent chil
dren in their own homes out o f public funds was that o f Missouri,
approved A p ril 7, 1911, which provided for an allowance to mothers
“ whose husbands are dead or prisoners, when such mothers are poor
and have a child or children under the age o f 14 years.”
went into effect in June, 1911.
This law
B y a population limitation it was
made applicable only to Jackson County, in which Kansas City is
situated. In the same year, follow ing upon the report o f a municipal
commission on delinquent, dependent, and defective children in
St. Louis, a law was passed whereby St. Louis was given power to
establish by city ordinance a board o f children’s guardians, with
authority to board out children to their own mothers. Such an
ordinance was passed by St. Louis in July, 1912.
In Illinois in the same year a similar but more comprehensive
« funds to parents act ” was passed on June 5 ,1 9 1 1 . T his law, which
went into operation on July 1 ,1 9 1 1 , provided that—
If the parent or parents o f such dependent or neglected child are poor and
unable to properly care for the said child, but are otherwise proper guardians
and it is for the welfare o f such child to remain at home, the court may enter
an order finding such facts and fixing the amount of money necessary to enable
the parent or parents to properly care for such child, and thereupon it shall be
the duty of the county board, through its county agent or otherwise, to pay to
such parent or parents at such times as said order may designate the amount
so specified for the care of such dependent or neglected child until the further
order of the court.
The next State to legislate on the subject was Colorado, which
adopted by popular vote the “ mothers’ compensation act ” submitted
by petition at the November election in 1912. This law, which fo l
lowed in general the provisions o f the Illinois funds to parents act,
became effective, upon proclamation o f the governor, on January 22,
1913.
F or many years the State o f California, under section 22 o f article
4 o f the constitution, has allowed to institutions for the care o f
dependent orphans the sum o f $100 per year, and for dependent h alf
orphans and abandoned children the sum o f $75 per year. Prior to
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INTRODUCTION'.
1913, in the absence o f any law specifically authorizing grants from
public funds for the maintenance o f dependent children in their
own homes, such aid was being given in San Francisco, Los Angeles,
and elsewhere under a liberal interpretation o f section 21 o f the
juvenile court act, which permits the court, in the order providing
for the care o f a dependent or delinquent child, when the parent is
unable to pay for the maintenance o f such child, to direct that an
amount not exceeding $11 a month be paid out of the county treasury.
W herever it seemed desirable, the private charitable organizations
which accepted the commitment o f the children permitted them to
remain in their own homes, giving to the mother the amounts ordered
by the court.
Semiannually the counties then made demand on the
State for the amounts expended in behalf o f h a lf orphans within the
limits prescribed by section 22 o f the constitution. The law o f 1913
authorizes the payment o f this State subsidy for the maintenance o f
h alf orphans in their own homes, together with a like amount out o f
local funds.
In W isconsin, also without definite State enactment, the practice
o f granting public aid to poor mothers for the care o f children in
their own homes had been started in Milwaukee County under a
resolution o f the county board o f March 26, 1912, which set aside a
special fund o f $5,000 to be used under the supervision o f the juve
nile court o f Milwaukee in giving financial assistance to the families
o f dependent and neglected children, instead o f committing the
children to the Milwaukee County Hom e for Dependent Children.
The law passed in 1913 authorizes such aid in all counties o f the
State and makes a State appropriation to meet h alf o f the expense.
Several o f States in their compulsory education laws have made
provision for furnishing books and clothing to poor children who
must by law attend school. The laws o f two of these States, O kla
homa and Michigan, are here included, because they differ from the
usual type o f school-aid laws in that they make provision, in addition,
for the payment o f money for the support o f the children.
The
Oklahoma law, first enacted A p ril 10, 1908, provides for a “ school
scholarship,” equivalent to the earnings o f the child, to be paid by
the county, upon recommendation o f the school authorities, to chil
dren o f widowed mothers when the earnings o f such children are
necessary to the support o f the mother.
The M ichigan law, passed
A p ril 29, 1911, provides for the payment, out o f school funds, o f a
sum not exceeding $3 a week to enable children o f indigent parents
to attend school.
In 1913, o f the 42 State legislatures in session, 27 had before them
bills providing for the support o f dependent children in their own
homes out o f public funds. Illinois completely revised its law o f
1911, incorporating into it the regulations found necessary in the
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INTRODUCTION.
9
administration o f the law during the first year and a h a lf o f its op
eration. Missouri extended the provisions o f its law to include
women whose husbands were in insane asylums or State colony for
the feeble-minded. California, Idaho, Iowa, Massachusetts, M ichi
gan, Minnesota, Nebraska, Nevada, New Hampshire, New Jersey.
Ohio, Oregon, Pennsylvania, South Dakota, U tah, W ashington, and
Wisconsin enacted new laws.
(Massachusetts had in 1912 appointed
a commission on the support o f dependent children o f widowed
mothers.)
Tw o States, California and New Y ork , passed laws
creating commissions to study the question o f mothers’ pensions.
Oklahoma reenacted the “ school-scholarship ” provision in its re
vised school law.
In six other States— Arizona, Connecticut, In
diana, Kansas, North Dakota, and Tennessee— bills were under con
sideration but failed o f passage.
SUMMARY OF THE LAW S OF THE VARIOUS STATES.
The purpose underlying all these laws is that o f preventing the
breaking up o f the home when on account o f death or disability the
support o f the natural breadwinner o f the fam ily is removed. But
the methods adopted to secure this end vary widely in the different
States, as will be seen from the follow ing summary o f the la w s:
Persons to whom aid may be given.— The law applies to any parent who on
account o f poverty is unable to care properly for a dependent or neglected child
but is otherwise a proper guardiap, in Colorado and Nebraska; to any parent
or grandparent in Nevada; to any parent or guardian in Wisconsin. In the
other States it applies only to mothers. In California, New Jersey, Oklahoma
(and also in St. Louis) the mother must be a widow to receive the benefits of
the act. In the remaining States not only widows but the following other
classes of mothers with dependent children are included: mothers whose hus
bands are in prison in Idaho, Iowa, Minnesota, Missouri, Ohio, Oregon, South
Dakota, and Washington; mothers whose husbands are in State insane asylums
in Iowa, Minnesota, Missouri, Oregon, and Washington^ mothers whose hus
bands are totally incapacitated, physically or mentally, in Illinois, Minnesota,
Ohio, Oregon, South Dakota, and Washington; deserted wives in Michigan, Ohio
(if deserted for three years), Pennsylvania, and Washington (if deserted for
one year). In Michigan are included also unmarried and divorced mothers.
In Colorado, Oregon, and Wisconsin, if the person having custody o f the child
is not regarded as capable o f expending the aid wisely, the court may order it
to be paid to some other person for the benefit o f the child.
Conditions on which aid is given.— (a ) Degree of poverty.— The condition of
receiving aid under these laws is uniformly that o f poverty, with certain defini
tions added in some of the laws. In Washington the mother must be destitute;
in New Hampshire and Utah she must be dependent entirely on her own efforts
for support; in Oregon, wholly or partly dependent; in Illinois she may not
own real property or personal property other than household effects. In Idaho,
Illinois, Missouri, New Hampshire, Ohio, South Dakota, and Utah the aid must
in the judgment of the court be necessary to save the child from neglect; in New
Jersey, “from becoming a public charge.
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INTRODUCTION-.
(6) Home conditions.— In most o f the laws the requirement is made that the
mother is a fit person, morally and physically, to bring up her children and that
it is for the welfare of the child to remain at home. In Idaho, Illinois, Missouri,
New Hampshire, Ohio, South Dakota, and Utah it is made conditional that the
child or children be living with the mother and that the mother shall not work
regularly away from home. In South Dakota she may not be absent for work
more than one day a week; in Illinois and Ohio the amount of time is left to
the discretion of the court.
(c ) Residence.— In Washington and Minnesota one year’s residence in the
county is required; in Idaho, Missouri, New Hampshire, Ohio, and Utah two
years’ residence; in Illinois and Pennsylvania three years’ residence. Some of
the States require “ legal residence ” in the State; Minnesota, two years’ resi
dence ; California and Massachusetts, three years; California and Illinois
require, in addition, that applicant be a citizen of the United States.
Age of child.—The maximum age of a child on whose account an allowance
may be made is 14 years in California, Illinois (may be extended to 16 years
if child is ill or incapacitated for work), Iowa, Massachusetts, Minnesota,
Missouri, South Dakota, and Wisconsin; 15 in Idaho, Utah, and Washington;
16 in Colorado, New Hampshire, New Jersey, Oklahoma, and Oregon; 17 in
Michigan; and 18 in Nebraska and Nevada. The legal working age is the
limit in Ohio and Pennsylvania.
Amount of allowance.— The maximum allowance for one child is $2 a week in
Iowa, $3 a week in Michigan. It is $9 a month for one child, $14 for two chil
dren, and $4 for each additional child in New Jersey; $10 a month for each
child in Minnesota and Nebraska; $10 a month for one child and $5 for each
additional child in Idaho, Missouri (i. e., Jackson County), New Hampshire,
and Utah; $10 for one child and $7.50 for each additional child in Oregon;
$12 for one child and $4 for each additional child in Wisconsin (amount may,
however, be temporarily increased in case o f sickness or unusual conditions);
$12 for one child, $20 for two children, $26 for three children, and $5 for each
additional child in Pennsylvania; $12.50 for each child in California ($6.25 a
month by the State and a like amount by the city or county) ; $15 for one child
and $5 for each additional child in Washington; $15 for one child and $7 for
each additional child in Ohio and South Dakota; $15 for one child and $10 for
each additional child in Illinois (not to exceed in all $50 for any one fam ily).
In Colorado, Massachusetts, and Nevada no maximum is set, but the amount
must be sufficient to care properly for the child, with the restriction in Nevada
that it may not exceed what it would cost to maintain and educate the child in
a county or State home. In Oklahoma the “ school scholarship ” is the equiva
lent of the wages o f the child. In the city o f St. Louis the maximum is $3.50
a week, which may be increased temporarily on account o f sickness or other
exceptional conditions.
Administration.— The law is administered by the juvenile court or some other
county court with similar functions in Colorado, Illinois, Idaho (probate court),
Iowa, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Jersey (common
pleas), Ohio, Oregon, South Dakota, Utah, Washington, and Wisconsin; by the
county commissioners, upon advice of the school board, in New Hampshire; by
the city or town overseers of the poor in Massachusetts; and by an unpaid board
of five to seven women residents o f each county, appointed by the governor, in
Pennsylvania. In Ohio, Nebraska, and South Dakota the order granting aid is
good only for six months unless'renewed. In Idaho, Illinois, Minnesota, Mis
souri, Nevada, New Hampshire, Ohio, Utah, and Washington the court may
at any time modify or discontinue the allowance. In California supervisory
powers are given to the State board o f control, which can appoint three State
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INTRODUCTION".
children’s agents, with an unpaid advisory committee of three persons in each
county; in New Jersey all cases granted aid are under the supervision of the
State board of children’s guardians. In Massachusetts certain supervisory
powers are given to the State board of charity; in Wisconsin to the State board
of control. In Illinois and Ohio the law requires that visits shall be made to the
homes from time to time by the probation officers; in Massachusetts that the
overseers of the poor shall visit the families at least once in every three months
and reconsider each case at least once a year.
Source of funds.—In all the States except California, Massachusetts, Pennsyl
vania, and Wisconsin the funds for carrying out the provisions o f these laws
come out of the county treasury. In Illinois these are raised by a special tax
of not exceeding three-tenths of a mill on the dollar of the taxable property
of the county, and in Ohio by a tax not exceeding one-tenth of a mill. In
California reimbursement to the extent of $75 a year is made to the local
authorities by the State; in Massachusetts one-third of the amount in settled
cases and the whole amount in unsettled cases. In Pennsylvania and Wis
consin the State bears one-half of the expense within the limits of the appro
priation, which is apportioned according to the population of the counties.
Penalty for fraud.— Penalties are provided for procuring or attempting to
procure an allowance fraudulently in Idaho, Illinois, Missouri, Nevada, Ohio,
Pennsylvania, South Dakota, Utah, and Washington.
THE DANISH AND NEW ZEALAND W ID O W S’ PENSION LAWS.
The laws o f both Denmark and New Zealand, while having the
same general purpose as the laws of the various American States,
illustrate somewhat different methods o f dealing with the problem.
Under the Danish law, which became effective January 1, 1914,
every widow who is the mother o f a child or children under 14,
whose property and income is less than a certain amount, proportion
ate to the size o f her fam ily, is entitled to a public grant toward the
support o f such children.
The amount o f the allowance is graduated
by the age o f the children, the highest rate being paid for children
under 2 years o f age.
In exceptional circumstances the aid may be
extended until the child is 18 years old. Certain requirements are
made as to the fitness o f the mother and the home conditions. The
aid is expressly stated to be nonpauperizing and its continuance is
made conditional upon the mother keeping off the poor relief.
H a lf
o f the expense o f the aid is borne by the State, the remainder by the
commune in which the widow has permanent residence.
The New Zealand law, which went into operation January 1, 1912,
provides a pension for any widow of good moral character with de
pendent children under 14.
(Extended in 1912 to include also wives
o f inmates o f insane hospitals.) The law, while general in terms, is
made to apply only to those who need assistance by providing for the
deduction from the pension o f £1 for every pound which the widow’s
income exceeds a certain amount.
The aim, as in the Danish law, is
to prevent destitution instead o f making this condition a requirement
for the granting o f assistance.
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Applications for pensions are made
12
INTRODUCTION'.
to the registrars o f old-age pensions and are granted or refused upon
hearing before a magistrate. Each grant is for a period of 12
months, at the end o f which the circumstances o f the pensioner are
reviewed.
The whole expense o f the pension is borne by the State,
and payments are made monthly through the post office. U pon the
death o f the widow application may be made for continuance of the
pension to the guardian o f the children.
The National Provident
Fund A c t o f New Zealand, passed in 1910, a year before the W id ow s’
Pension A c t, also makes special provision for the support o f de
pendent children by providing for the payment, on the death of a
contributor, o f a weekly allowance to the widow so long as any child
is under 14 years of age, due after contributing for five years (not
therefore yet in operation).
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LAWS RELATING TO “ MOTHERS’ PENSIONS” IN
UNITED STATES.
CALIFORNIA.
[Constitution, Article IV.]
S ec . 22. The legislature shall have the power to grant aid to the institutions
conducted for the support and maintenance of minor orphans, or half orphans,
or abandoned children, * * * such aid to be granted by a uniform rule,
* * * Provided, further, That whenever any county, or city and county,
or city, or town, shall provide for the support of minor orphans, or half orphans,
or abandoned children, * * * such county, city and county, city, or town
shall be entitled to receive the same pro rata appropriations as may be granted
to such institutions under church or other control. An accurate statement of
the receipts and expenditures o f public moneys shall be attached to and pub
lished with the laws at every regular session o f the legislature. * * *
For many years under this provision the State has been paying to institu
tions $100 a year for the care of orphans and $75 a year for half orphans and
abandoned children. Such payments are authorized also to any city, town,
or county providing for such dependents.
[Laws 1913, chap. 323.]
An Act To amend sections 2283, 2285, 2286, 2287, and 2289 o f the Political Code
relating to the support and maintenance o f orphans, half orphans, and aban
doned children.1
The people of the State of California do enact as follows: S ection 1. Sec
tion 2283 o f the Political Code o f the State o f California is hereby amended
so as to read as follows:
2283. Appropriation for care of dependent children—Aid to mothers.—There
is hereby appropriated out o f any money in the State treasury not otherwise
appropriated, to each and every institution in this State conducted for the sup
port and maintenance of needy minor orphans, half orphans, or abandoned
children, and to each and every county, city and county, city, or town main
taining such orphans, half orphans, or abandoned children, or any or all o f
such classes of persons, aid as follow s: For each whole orphan supported and
maintained in any such institution, not in excess of one hundred dollars per
annum; and for each half orphan or abandoned child, not in excess of seventyfive dollars per annum; but each abandoned child must have been an inmate
thereof for one year prior to receiving any support as provided in this chapter:
Provided, That in addition to the amount paid by the State for each half
orphan maintained at home by its mother, the county, city and county, city, or
town may pay for the support of such half orphan an amount equal to the sum
paid by the State: And provided further, That in any case where any such half
1 For a discussion of the provisions of this act see paper by W. Almont Gates, secretary
of the State Board of Charities, in the Proceedings of the National Conference of
Charities and Correction, 1913, pp. 306-311.
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14
MOTHERS' PENSIONS IN UNITED STATES— CALIFORNIA.
orphan is denied aid by the county, upon a petition setting forth the facts in
full as to the necessity o f aid, verified by five reputable citizens o f the county,
city and county, city, or town, the mother o f such child shall have the right
of appeal direct to the State board of control for aid for her child, and should
her appeal be sustained by said board payment must be made for the child
as above provided.
S ec . 2. Section 2285 o f the Political Code o f the State o f California is hereby
amended so as to read as follows :
2285. Books to be kept by institutions, cities, and counties.—Every institution,
county, city and county, city, or town entitled to aid under this chapter must
keep the following books, which at all times must be open to the State board
of control or to any person appointed by them to examine the same, or to any
committee o f the legislature, or to any clerk or officer thereof duly authorized
to make such examination :
1. A book in which must be entered the date o f admission, name, age, sex, and
place of birth of each and every orphan, half orphan, and abandoned child, who
is or may hereafter be received or admitted into such institution, or to county
aid, and the date o f discharge of any such child, when such discharge is made,
the parentage, if known ; the estate, if any, to which the child is heir, and the
insurance, if any, on the father’s or mother’s life ; so far as can be ascertained,
the place where either parent or both died, the nativity o f the parents, where
married, the marriage certificate, where recorded, when they came to Cali
fornia, place o f residence in California, and habits o f sobriety.
2. A book entitled “ monthly accounts.” In it must be entered on the debtor
side, all the moneys received from any and all sources segregated under the
proper heads; on the credit side must be entered all disbursements made,
specifying for what purposes made, and the amount entered in detail so dis
bursed, segregated under their proper heads.
3. A pay roll of the employees, and the amounts disbursed to each.
4. A book in which must be entered in detail the amounts paid for the specific
support of every orphan, half orphan, or abandoned child and the date o f such
payments.
5. A transcript o f the books and pay roll, verified under oath by the manager
or person in charge of such institution entitled to or claiming State aid under
this chapter, must be made and forwarded to the State board o f control at the
time of making demand or presenting claim for State aid, covering the time for
which such claim or demand for State aid is made.
6. A list of all the inmates other than employees or orphans supported wholly
or in part by any institution presenting a claim for State aid under this
chapter, must also be forwarded with such claim for aid.
S ec . 3. Section 2286 o f the Political Code of the State of California is hereby
amended so as to read as follows :
2286. Supervision by board of control— Children's agents.—The State board
of control is authorized, in behalf o f the State, at any time to inquire, either in
person or by authorized agent into the management of any such institution;
and any institution refusing, upon due demand, to permit such inquiry or to
comply with regulations established by said board for the proper maintenance
and care of children receiving State aid must not thereafter receive any aid
under this chapter until it has complied with all requirements. To carry out
the provisions of this act, the State board o f control may appoint three children’s
agents who shall, under the rules o f said board, visit the homes and the insti
tutions in which are children to whom State aid is being given or for whom aid
is being asked, to obtain such information as the board may need in carrying
out the provisions of this chapter. Such agents shall receive their necessary
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traveling expenses and a salary o f one hundred and seventy-five dollars per
month, which salary shall be paid in the same manner and at the same time as
the salaries of other State officers. All expenses incurred in visiting said
asylums and homes, when there are no other available funds, may be audited
and allowed by the State board of control out o f the appropriation for support
of orphans, half orphans, and abandoned children. In addition an advisory com
mittee o f three persons serving without pay or expense to the State may be
appointed by the board of control, to act in any county in conjunction with the
children’s agents.
Sec. 4. Section 2287 of the Political Code o f the State o f California is hereby
amended so as to read as follow s:
2287.
Regulations governing claims for State aid.—Every claim for aid under
this chapter must be presented to and audited and allowed by the State board of
control. Such claim must contain:
1. The name and location o f the institution making the claim, or the name
o f the county.
2. The name of the person or persons having charge or control of the insti
tution or of the child.
3. The number o f orphans, half orphans, or abandoned children therein, in
the case of an institution.
4. The date of admission and age o f each child.
5. The amount, if any, that the institution is receiving for the specific sup
port o f any orphan, half orphan, or abandoned child therein. Such claim, and
the statements therein contained, must be verified by the person or persons, or
some of them, in charge o f such institution, or in the case o f counties, by the
county officers in charge o f the distribution of aid, and the State board of
control may, in its discretion, require the production of the books o f such insti
tution or county in support o f such claim.
Sec. 5. Section 2289 of the Political Code o f the State of California is hereby
amended so as to read as follows:
2289. In order that the provision's o f this chapter shall not be abused, it is
hereby declared:
1. That no institution which has less than twenty inmates o f either or all o f
the classes mentioned in section twenty-two hundred and eighty-three must be
deemed an institution for the support and maintenance of minor orphans, half
orphans, or abandoned children, within the intent and meaning o f this chapter.
2. That no child over the age o f fourteen years shall be deemed a minor
orphan, half orphan, or abandoned child, within the intent and meaning o f this
chapter.
3. That no child for whose specific support there is paid to any such institu
tion the sum of ten dollars or more per month shall be deemed a minor orphan,
half orphan, or abandoned child within the intent and meaning o f this chapter.
4. That no child whose parent or parents have not resided in this State for
at least three years prior to the application for aid, or whose parent or parents
have not become citizens of this State shall be deemed a minor orphan, half
orphan or abandoned child within the intent and meaning of this chapter.
5. That no child maintained in an institution for whom a bona fide offer o f a
proper home has been made shall be considered eligible for further State a id :
It is further provided, however, That no institution shall be required to sur
render a child to any person of religious faith different from that of the child or
the parents of the child.
Approved May 26, 1913. In effect August 10, 1913.
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A id to Mothebs in San F bancisco.
Prior to the passage of this act, aid had been given mothers for the support
of dependent minor children in their own homes by the juvenile courts of Los
Angeles and San Franoisco Counties and to a small extent elsewhere under a
liberal interpretation of section 21 of the juvenile court act of 1909, amended
1911, which provides that:
“ Any order providing for the custody o f a dependent or delinquent person
may provide that the expense o f maintaining such person shall be paid by the
parent or parents or guardian o f such person, and in such case shall state the
amount to be so paid. * * * I f it be found, however, that the parent or
parents or guardian of a dependent or delinquent person is unable to pay the
whole expense o f maintaining such person, the court may, in the order providing
for the custody of such person, direct such additional amount as may be
necessary to support such person to be paid from the county treasury of the
county for the support o f such person, the amount so ordered to be paid from
the treasury of said county not to exceed, in case of any one person, the sum of
eleven dollars per month: Provided, further, That no order for the payment of
all or part of the expense of support and maintenance o f a dependent or delin
quent person from the county treasury shall be effective for more than six
months, unless a new order is secured at the expiration of that period. The
court may thereafter set aside, change or modify any order herein provided for.”
[Laws 1911, p. 671.]
In San Francisco this aid was given by the juvenile court through the medium
of the child-placing agencies which, while accepting commitment and responsi
bility for the children, left them in their own homes. In such cases the home
and family were supervised and visited regularly by representatives of the
society who reported to the court from time to time upon the character of the
home conditions. The amounts ordered paid were secured by the charitable society
upon its demand for service rendered in providing care for the children and
then were turned over by it to the parent or parents. Semiannually the county
made demand on the State for the amount expended in behalf of dependent
orphans, half orphans, or abandoned children. In June, 1912, the Children’s
Agency o f the San Francisco Associated Charities had under its care 201
children who had been committed by the court and were being boarded with
parents or relatives. (As against 181 in 1911.) In its annual report for 1912
the society explained its refusal to accept other commitments urged upon it on
the ground that the State allowance— $6.25 5 month for each half orphan—was
inadequate, unless supplemented from other sources, to maintain a proper
standard of life for the family, without requiring the mother to go out to
work during the hours that her children were at home, thus defeating the main
purpose of the aid.
To carry out the provisions of the new law San Francisco opened a widows’
pension bureau in the city hall in September, 1913. Two hundred and twentythree widowed mothers who had been receiving aid through the juvenile court
were transferred to the new bureau but continued to receive help through the
juvenile court pending reinvestigation and the procuring of evidence necessary
to obtain State aid under the new law. Of these 223 cases, 114 were found
to be entitled to aid from the pension bureau. One hundred and nine could not
be considered for the following reasons: 47 parents not citizens; 20 improper
homes; 7 desertion cases; 3 not living with mother; 24 self-supporting; 5 mar
ried a second tim e; 3 not living in county. These 223 cases were handled by the
juvenile court at a total expense of $4,506.20. The 114 cases accepted by the
pension bureau are being cared for at a total expense of $2,432.25 ($1,762.50
State, plus $669.75 county) per month. The juvenile court is continuing to pay
in the cases where the parents are not citizens, to the amount of $975.50 per
month, pending further action on this question by the board of supervisors. Up
to August 2, 1913, the State advanced $6.25 for each half orphan in need of
such aid, but in keeping with paragraph 4 o f section 5 of Laws o f 1913, chapter
323, the attorney general o f the State has decided that from that date on the
State would assume no further responsibility in any cases where citizenship of
parents could not be proven. This decision involves also children in institutions
and under the care o f the various agencies whose parents were never natural
ized. These children have, in nearly all cases, been cared for jointly by the
city and county and by the State ($6.25 State and $4.75 county) and should the
county now have to assume the whole cost, this will materially diminish the
amount of money that will be available tips year for aiding widows out o f the
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general fun o f $200,000 appropriated by the city and county for the care o f all
dependent and delinquent children. Up to January 1, 1914, 545 (328 new appli
cations) had applied for aid. For further discussion o f the situation in San
Francisco see “ Notes on widows’ pensions act as administered in San Francisco,”
by Margaret C. Nesfield, director o f the widows’ pension bureau, San Francisco.
Commission to I nvestigate Mothebs’ P ensions.
Various proposals for “ mothers’ pension” legislation were before the Cali
fornia Legislature in the session of 1913. In order to have at hand more exact
information on the subject than was available at that time, the legislature
passed the following law providing for a commission to study the question of
mothers’ pensions (as well as that of old-age pensions) and report at the next
regular session in 1915.
[Laws 1913, chap. 681.]
An Act Authorizing the governor to appoint a commission to investigate and
report at the forty-first session of the legislature concerning the adoption of
a system of old-age insurance and pensions, and mothers’ pensions, and mak
ing an appropriation therefor.
The people of the State o f California do enact as follows: Section 1. Duties
of commission—Membership— Report.—The governor of California is hereby
authorized and requested to appoint a commission1 consisting o f five persons,
citizens of this State, one of whom shall be a member of the State board of con
trol, to investigate and consider the various systems o f old-age insurance, old-age
pensions or annuities, also mothers’ pensions or mothers’ Compenations now in
use in different counties o f this or other States, and as may be proposed or as
are now in operation in other States o f this country or elsewhere abroad, and
to make a full and complete report of its findings with all data so obtained,
properly tabulated, to the legislature at its next regular session. Said commis
sion shall report also statistics showing the probable expense to the State of
various systems, or of any system that it may recommend for adoption together
with any bills of its own relating to this subject that may be deemed expedient.
Sec. 2. Appropriation.—There is hereby appropriated out of the general fund
not otherwise appropriated, and the controller is herewith authorized and directed
to issue his warrants for same from time to time, and the treasurer is likewise
authorized and directed to pay the same on presentation of said warrants,
the sum of three thousand dollars or any portion thereof, as may in the judg
ment of the commission be required to complete its work under the provisions
of this act.
Approved June 16, 1913. In effect August 10, 1913.
COLORADO.
[Laws 1913, pp. 694-696.
Passed by popular vote, November 5, 1912.]
An Act To amend an act entitled “An act concerning dependent and neglected
children, approved April 2, 1907.” 3
Be it enacted by the people o f the State of Colorado: Section 1. That section 7
o f an act entitled “An act concerning dependent and neglected children, approved
April 2 ,1907,” be and the same is hereby amended so as to read as follow s:
Section 7. Any dependent child committed to the State Home for Dependent
and Neglected Children shall, as to its care and disposition by said home, be
1 Commission not yet appointed (Feb. 24, 1914).
2 For the discussion of the provisions of this act see article by Judge Lindsey in the
Survey, Feb. 15, 1913.
38076°—14-----2
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MOTHERS* PENSIONS IN UNITED STATES----COLORADO.
subject to any special order of the court making such commitment, provided
such order be made at the time of such commitment. If the parent or parents
of such dependent or neglected child are poor and unable to properly care for
such child, but otherwise are proper guardians, and it is for the welfare of
such child to remain at home, the court may enter an order finding such facts
and fixing the amount o f money necessary to enable the parent or parents to
properly care for such child, and thereupon it shall be the duty of the board of
county commissioners, and in those cities and counties operating under Article
X X of the constitution it shall be the duty of the department and authority
performing that part of the functions .of a board of county commissioners, or
vested with power for the relief o f the poor, to pay such parent or parents, or, if
it seems for the best interest of the child, to some other person designated by
the court for that purpose, at such times as said order may designate, the
amount so specified, or when so ordered by the court, its equivalent in supplies
and assistance, for the care of such dependent or neglected child until the
further order of the court. The juvenile court in counties of over 100,000
population, and the county court in all other counties, shall appoint proper
persons for the purpose of investigation, visitation, the keeping of records and
the making of reports in cases requiring relief under this act. The details as
to the number o f such investigators, their rights, duties and powers in addi
tion to that of investigators o f such cases, their compensation, the limitations
thereon and the authority o f the county or city and county required to provide
for such compensation shall be as provided by law for the employment o f
probation officers in such juvenile and county courts. It shall be the duty of
the clerk of such juvenile or county courts, on or before December 1, 1912, and
on or before the first day o f July of each year thereafter, to submit to such
county board or other proper authority a report of all cases receiving relief
under this act, and an estimate of the sum necessary to be placed at its disposal
for complying with the provisions of this act. A copy of such report shall be
filed with the State board o f charities and corrections. If the State home is
unable to provide any child with a family home through voluntary adoption
within six months from the time of its commitment, then as far as possible and
if for the best interest of the child it shall be its duty to provide for the
boarding out of said child in a suitable family home until such time as it
may be adopted or shall have reached the age of sixteen years. Petitions and
commitments under this act shall state the religious belief of parents, if
known, and if not known the court shall endeavor to ascertain such fact, and
family homes to which children are committed shall, as far as practicable,
conform to such religious belief. On or before December 1, 1912, and on each
July 1st next thereafter, before the convening of the succeeding general
assembly, it shall be the duty o f the superintendent of said home to submit to
the governor and the State board o f charities and corrections a detailed report
of such boarding out o f said children in family homes and an estimate as
near as may be of the annual sum necessary for the maintenance of said
boarding-out system and visitation officers employed by said State home in
connection therewith. The governor shall transmit such estimate to such
succeeding general assembly, which is hereby directed by the people o f this
State to appropriate from the State treasury a sum sufficient for the boarding
out and visitation o f said children, and otherwise carrying into effect the
provisions of this act. Any of said courts enforcing the provisions hereof
shall have the right to proceed as for contempt of court against officials who
willfully refuse to comply with its orders directing their compliance with the
provisions hereof; provided the sums paid out under this act shall not exceed
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in any year tlie amount appropriated for such purpose by the county, city and
county, or State authorities respectively. In counties having a population of
over 20,000, the boards of county commissioners, and in cities and counties
operating under Article X X of the constitution, the authority performing like
duties to those of county commissioners, shall establish and maintain workhouses or proper facilities for the detention and employment o f men convicted
of nonsupport of women and children. Any sums of money earned by them or
collected for their labor by the authorities in charge of such workhouses or
facilities shall be used for the maintenance o f the fund necessary to be expended
by the county or city and county in carrying out the provisions of this act. The
board of commissioners o f the State penitentiary and reformatory shall make
such similar provision as to said board seems most practicable to profitably
employ all persons committed to such prisons for nonsupport of women or
children, and any sums received for such labor shall be used for the mainte
nance of the fund provided by the State for compliance with the provisions of
this act. This act shall be liberally construed for the protection o f the child,
the home and the State, and in the interest of public morals and for the preven
tion of poverty and crime.
Effective January 22} 1913.
“ During the first six months of the operation of this act but four counties
made appropriations to meet the requirements o f the law, to w it: Arapahoe,
Denver, Douglas, and Weld. The total amount appropriated for the use of the
courts was $6,110, of which amount Denver set aside $4,800. During the six
months ending with June 30, 1913, 63 applications, involving 187 children, were
filed; 32 applications, involving 99 children, were allowed; 26 applications, in
volving 66 children, were denied; and 5 applications, involving 22 children,
were pending at the close of June 30, 1913. Of 32 applications allowed, the
mothers only were heads of the families. Eight o f the applications allowed
were of families deserted by the fathers.” (Colorado State Board of Charities,
Quarterly Bulletin, Jan., 1914.
In Denver, pensions were granted to 28 families, but 2 were soon withdrawn
by reason of the marriage of the mothers. The 26 on the list in December, 1913,
had altogether 97 children and a monthly allowance o f $727, or an average of
$7.50 per child. Of these mothers, 16 were widows, 8 deserted wives, 1 the wife
of a hopeless invalid, and 1 had a husband in the penitentiary. For an account
of the operation of the law in Denver, see article on “Administering mothers’
pensions in Denver,” by Gertrude Yaile, supervisor of relief, department of
public charities, Denver, in The Survey for Feb. 28, 1914.
IDAHO.
[Laws 1913, chap. 73. J
An Act To provide for the assistance and support of poor women whose husbands
are dead or are inmates of the Idaho State penitentiary and who have a child
or children dependent for support wholly or partly upon their labor; and
conferring jurisdiction thereof upon probate courts.
Be it enacted by the Legislature of the State of Idaho: Section 1. Aid to
needy mothers.—The probate judge of each county shall have authority as here
inafter provided to make provision for the partial support o f women whose
husbands are dead, or whose husbands are prisoners, confined in the Idaho State
penitentiary, when such women are poor and are the mothers o f children under
the age of fifteen (15) years, and such mothers and children reside in such
counties.
Sec. 2. Amount of allowance.—The allowance o f each of such women shall
not exceed ten dollars ($10.00) a month when she has but one child under the
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age of fifteen (15) years, and if she has more than one child under the age of
fifteen (15), it shall not exceed the sum o f ten dollars ($10.00) a month for
the first child and five dollars ($5.00) a month for each of the other children
under the age o f fifteen years.
S ec . 3. Conditions of allowance.— Such allowance shall be made by the pro
bate court and only upon the following conditions: ( ! ) The child or children,
for whose benefit the allowance is made, must be living with the mother of such
child or children; (2) the allowance shall be made only when in the absence of
such allowance, the mother would be required to work regularly away from her
home and children, and when by means of such allowance, she will be able to
remain at home with her children; (3) the mother must, in the judgment o f the
probate court, be a proper person, physically and mentally, for the bringing up
o f her children; (4) such allowance shall, in the judgment of the court, be
necessary to save the child or children from neglect; (5) no person shall receive
the benefit of this act who shall not have been a resident o f the county in which
such application is made for at least two years next before the making of such
application for such allowance: Provided, That the provisions of this act shall
not apply to any child which has property o f its own sufficient for its support.
S ec . 4. Allowance paid out of county funds.—Whenever the probate court
shall determine that an allowance under this act shall be made, it shall make an
order to that effect which order, among other things, shall set out in full the
name of the mother, her place of residence, the names and ages of each o f the
children, and the amount allowed to each child, and upon presentation o f such
order, the'county commissioners shall direct monthly warrants to be drawn
therefor, which warrants shall be paid fJ,om the general funds of the county.
S ec . 5. When allowance shall cease.—Whenever any child shall reach the
age of fifteen (15) years, any allowance made to the mother of such child for
the benefit of such child shall cease. The probate court may, in its discretion,
at any time before such child reaches the age of fifteen (15) years, discontinue
or modify the allowance to any mother and for any child. If such husband
shall have been confined in the Idaho State penitentiary, such allowance shall
cease on his discharge or parole and whenever any woman on whose account
any allowance shall have been made under the provisions o f this act, shall
marry, such allowance shall cease.
S ec . 6 . To whom law does not apply.— The provisions o f this law shall not
apply to any woman, whose husband is not dead or who is not confined in the
Idaho State penitentiary.
S ec . 7. Penalty for fraud.—Any person procuring, or attempting to procure,
any allowance for a person not entitled thereto, shall be deemed guilty o f a
misdemeanor and on conviction thereof, shall be punished by a fine of not less
than one hundred dollars ($100.00) nor more than five hundred dollars
($500.00), or by imprisonment in the county jail, for a period o f not more than
one year, or by both fine and imprisonment.
S ec . 8. Motion to set aside allowance.— In each case where an allowance is
made to any woman under the provisions o f this act a judgment entry to that
effect shall be entered upon the records o f the probate court making such allow
ance and it shall be the right of any tax-paying citizen at any time to file a
motion to set aside such judgment, and on such motion the probate judge shall
hear evidence without a jury and his decision shall be final.
S ec . 9. Repeal.—All acts and parts of acts in conflict with this act, are, in
so far as they conflict, hereby repealed.
Approved March 5, 1913.
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ILLINOIS.
[Laws 1913, pp. 127-130.]
An Act To provide for the partial support o f mothers whose husbands, are dead
or have become permanently incapacitated for work by reason of physical or
mental infirmity, when such mothers have children under fourteen years of
age, and are citizens o f the United States of America and residents o f the
county in which application for relief is made. And, also, to provide for the
probationary visitation, care and supervision of the family for whose benefit
such support is provided.
Be it enacted 6y the people of the State of Illinois, represented in the general
assembly: S ection 1. Jurisdiction.— The juvenile court, or where there is no
juvenile court, the county court in the several counties in the State, shall have
original jurisdiction in all cases coming within the terms o f this act.
S ec. 2. Application for relief.—A woman whose husband is dead or whose
husband has become permanently incapacitated for work by reason o f physical
or mental infirmity, may file an application for relief under this act, provided
such woman is a citizen of the United States of America and has a previous
residence for three years in the county where such application is made and
is the mother of a child or children.
S ec . 3. Official investigation and report.—Whenever an application for relief
is filed the home of the applicant shall be visited by an officer of the court hav
ing jurisdiction of the matter, and the facts set forth in such application shall
be investigated by such officer under the direction of the court, and a report
and recommendation o f the approval or disapproval o f such application shall
be made in writing by such officer to the court without any unnecessary delay.
S ec . 4. Petition, form of.—After the investigation o f such application for
relief by an officer of court and the filing o f the report and recommendation
thereon o f such officer, such officer of court or any reputable and responsible
person who has a residence in the county may file with the clerk of the court
having jurisdiction of the matter, a petition in writing duly verified by affidavit
setting forth such facts as are necessary under this act to give the court juris
diction o f the parties and o f the subject matter, and setting forth such other
facts, which, when found by the court to be true, shall be the basis upon
which, the order o f relief is entered. It shall be sufficient that thé affidavit is
upon knowledge, information and belief. A separate petition shall be filed for
each child. The mother o f such child and the county board o f the county in
which the petition is filed shall be made parties respondent to such petition.
S ec . 5. Summons.—Upon the filing of such petition a summons returnable not
less than three days nor more than ten days after the date thereof shall issue
to the respondents named in such petition requiring the mother with such child
and all the respondents to appear at a place and time stated in the summons,
which time shall be on the retürn day o f such summons.
S ec . 6. Service.— Service of summons shall be made in the same manner as
is provided for the service o f a summons in an act entitled “An act to regulate
practice in courts of chancery,” approved March 15, 1872, in force July 1, 1872.
S ec . 7. New process.— Whenever process shall not be returned executed on or
before the return day thereof, the court may direct the clerk to issue an alias,
pluries or other process, returnable at a time ordered by the court.
S ec . 8. Appearance—Hearing.— The filing o f a written appearance by a
respondent shall render the service o f summons on such respondent unnecessary.
The court shall proceed to hear the cause upon the return day o f the summons
or upon a day thereafter to be fixed by the court without the formality of the
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respondents filing answers: Provided, All the respondents have either been
served with summons or have their written appearance in said cause.
Sec. 9. Hearing— Order of payment—Duty of county board.—Upon the hear
ing in court of a petition under this act, the court, being fully advised in the
premises finding the facts alleged in the petition to be true, may make an order
upon the county board o f the county to pay to the mother o f the child or children
in whose behalf the petition or petitions are filed an amount o f money necessary
to enable such mother to properly care for such child or children. It thereupon
shall be the duty o f the county board, through its county agent or otherwise,
to pay to such mother at such times as said order may designate the amount
so specified for the care of such child or children until the further order o f the
court.
Sec. 10. Amount of allowance.—The allowance made to such mother shall not
exceed fifteen dollars per month when such mother has but one child under the
age of fourteen years, and if she has more than one child under such age, the
relief granted shall not exceed ten dollars per month for each of the other
children: Provided, That in no event shall the relief granted for any one mother
and children exceed the sum of fifty dollars per month.
Sec. 11. Conditions upon which relief is granted.— Such relief shall be granted
by the court only upon the following conditions:
(1)
The child or children for whose benefit the relief is granted must be
living with the mother o f such child or children; (2) the court must find that
it is for the welfare of such child or children to remain at home with the
mother; (3) the relief shall be granted only when in the absence o f such relief
the mother would be required to work regularly away from her home and chil
dren and when by means o f such relief she will be able to remain at home with
her children, except that she may be absent for work a definite number of days
each week to be specified in the court’s order, when such work can be done by
her without the sacrifice of health or the neglect of home and children; (4)
such mother must, in the judgment of the court, be a proper person, physically,
mentally and morally fit to bring up her children; (5) the relief granted shall,
in the judgment o f the court, be necessary to save the child or children from
neglect; (6) a mother shall not receive such relief who is the owner of real
property or personal property other than the household goods; (7) a mother
shall not receive such relief who is not a citizen of this country and who has
not resided in the county where the application is made at least three years
next before making such application; (8) a mother shall not receive such re
lief if her child or children have relatives of sufficient ability to support them.
Sec. 12. Relief for child between lk and 16 years.—Whenever any child shall
arrive at the age of fourteen years any relief granted to the mother for such
child shall cease: Provided, I f a child of fourteen years o f age be ill or is in
capacitated for work, the mother shall receive funds for his care during such
illness or incapacity for work until such child is sixteen years of age. The
court may, in its discretion, at any time before such child reaches the age of
fourteen years, modify or vacate the order granting relief to any mother and
for any child.
Sec. 13. Presence of husband.—Whenever relief is granted or is af>out to be
granted to a mother whose husband is permanently incapacitated for work by
reason of physical or mental infirmity and the presence o f such husband in the
family is a menace to the physical and moral welfare o f the mother or children,
then the court may require that such husband be removed from the home and
provision for his care made elsewhere, or failing to remove such husband or
upon his refusal to be separated from his family, the court may, in its discre
tion, vacate the order granting relief, or refuse the relief asked for.
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MOTHERS'' PENSIONS IN UNITED STATES— ILLINOIS.
2&
Sec. 14. Probation officers— Their pay.—The court having jurisdiction in pro
ceedings coming within the provisions o f this act shall have the power to ap
point one or more qualified persons of good character, who shall serve and be
known as probation officers, during the pleasure of the court, and who shall be
paid a suitable compensation by the county for their services, the amount
thereof to be determined by the county board.
Sec. 15. Duty of probation officers.— It shall be the duty o f such officers to
investigate all applications for relief and make a written report o f such investi
gation with their recommendations.
After granting of relief to any mother for the support o f her children it
shall be the further duty o f such officers to visit and supervise, under the
direction of the court, the families to which such relief has been granted and to
advise with the court and to perform such other duties as the court may direct
in order to maintain the integrity o f the family and the welfare of the children.
Sec. 16. Levy of tax—Limitation.—The county board in each county shall levy
a tax of not to exceed three-tenths o f one mill on the dollar annually on all tax
able property in the county, such tax to be levied and collected in like manner
with the general taxes o f the county, and to be known as a mothers’ pension
fu n d : Provided, That said tax shall not be included in the aggregate o f all the
taxes required to be reduced under the provisions of an act entitled “ An act
concerning the levy and extension o f taxes,” approved May 9 1901, in force
July 1,1901, and acts amendatory thereof.
Sec. 17. Partial relief.— Should the fund herein authorized be sufficient to
permit an allowance to only a part o f the mothers coming within the provisions
o f this act, the court shall select, in its discretion, those in most urgent need
o f such allowance.
Sec. 18. Penalty for fraud.—Any person or persons fraudulently attempting to
obtain or fraudulently obtaining any allowance for relief under this act shall
be deemed guilty of a misdemeanor and on conviction thereof shall be punished
by a fine of not less than five dollars nor more than two hundred dollars, or
imprisoned in the county jail for a period o f not to exceed six months, or both.
Sec. 19. Repeal.—All acts or parts o f acts inconsistent herewith are hereby
repealed.
Approved June 30, 1913.
Operation of L aw in Cook County.
The above act supersedes the “ funds to parents act ” o f June 5, 1911, which
provided that:
“ I f the parent or parents o f such dependent or neglected child are poor and
unable to properly care for the said child, but are otherwise proper guardians
and it is for the welfare of such child to remain at home, the court may enter
an order finding such facts and fixing the amount o f money necessary to enable
the parent or parents to properly care for such child, and thereupon it shall be
the duty o f the county board, through its county agent or otherwise, to pay to
such parent or parents, at such times as said order may designate, the amount
so specified for the care o f such dependent or neglected child until the further
order of the court.” (Laws 1911, pp. 126-127.)
The difficulties that attended the inauguration o f this law in Cook County
(the only county to take advantage o f the act) are described in detail by Mr.
C. C. Carstens in his report for the Russell Sage Foundation ( “ Public pensions
to widows with children; a study of their administration in several American
cities.” New York, 1913.) Because of the magnitude o f the task involved
in administering the new aid in the peculiarly difficult situation that then
existed in connection with the juvenile court at Chicago, Judge Merritt C.
Pinckney called to his aid the leading charitable organizations, who detailed
five experienced workers (given commissions by the court as voluntary proba
tion officers) to act with the chief probation officer of the court and his deputy
as a case committee to sift the facts in the pension cases and make recommenda*
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Federal Reserve Bank of St. Louis
24
MOTHERS
PENSION'S IN UNITED STATES— ILLINOIS.
tions to the juvenile court judge. The rules formulated by the juvenile court
with the advice of the “ conference group” during the first year and a half
of the operation of the law were incorporated into the new act passed in 1913.
From July 1, 1911, when the law became effective, to December 31, 1913,
3,061 applications were received by the juvenile court of Cook County at Chi
cago. Of these, 2,281 applications were dismissed and 780 families (2,654
children) granted funds. Out of this number, funds have been stayed for 434
families (1,546 children). In December, 1913, 346 families (1,108 children)
were on the pay roll at a cost for the month o f $8,794.98. From July 1, 1911,
to December 31, 1913, a total o f $220,077 was paid out in aid.
Average Average
per
per
child.
family.
Families of—
$17.17
22.63
27.80
26.93
30.16
30.41
40.00
42.00
32.50
$8.58
7.54
6.95
5.38
5.03
4.34
5.00
4.56
3.25
In 108 of the families receiving funds in December, 1913, both parents were
American born; in 153 both parents were foreign born; in 47 the father was
foreign born ; in 38 the mother was foreign born. Only 2 of the 1,108 children
were foreign born.
(Report o f Mrs. E. Quinlan, head of funds to parents division, Feb. 16, 1914.)
F
obm s
U
se d i n
J u v e n il e C o u bt
of
C ook Co u n ty
(C
h ic a g o ) .
APPLICATION CABD.
Cross references,
Date.
Res.
No.
First names.
Street.
Date Birth
of
birth. place.
How Sanitary
Rooms. Floor. F.R.or Rent. long.
condition.
i
Woman’s maid
en name.
2
Children.
12
13 . . .
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Federal Reserve Bank of St. Louis
Dist.
Mental or
Left
Occupa
sch. Amt.
Cause Date physical Docket
tion or
defects num
of
of Prem.
of
school Wages. at
ber.
death. death.
and
with
age ins.
illiteracy.
grade.
of.
Man.
3
Others in fam
ily.
Landlord
or agent.
Address.
Kin
ship.
To.
Contributes
to family.
m o t h e r s ' p e n s io n s i n
F o b m s U se d
in
J u v e n il e C o u r t
Union.
Lodge.
C ook C o u n ty (C
of
a p p l ic a t io n
card—
Other sources
of income.
Benefit society.
25
UNITED STATES— ILLINOIS.
h ic a g o )
—
Continued.
continued.
Amt. Pawns. Install
ments.
Debts to.
Amt. For.
Weekly benefit.
Length of time in—
Marriage.
Race.
County. State.
U. S.
Date.
By
Place. whom.
Previous
marriage.
Man............... . . .
Wh'at, if any, did your
Woman..............
Relatives.
Property.
Address.
Kinship.
To.
References.
Address.
Connection. Of.
Church or Sunday school.
Original religion.
Man..........................................................................
Woman.................................................................. .
Children...................................................... .
State of Illinois, County of Cook, ss:
------- 7- ------ being first duly sworn, on oath doth depose and say that the written statements under
the various printed headings on the opposite side of this application card were voluntarily made by this
affiant and written thereon by direction of this affiant ana that the statements thereon, both written
and printed, are true in substance and in fact.
Subscribed and sworn to before me this----- day of-------- A. D. 19—>
----------------------, Notary Public.
REPORT OF INVESTIGATOR.
Previous addresses.
Rent.
When.
How
long.
Previous addresses.
Rent.
When.
How
long.
Date.
Employer.
Address.
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Federal Reserve Bank of St. Louis
Of
R .,I„
No. Wages. or S.
Position.
From— To—
Depart
ment.
Foreman.
26
MOTHERS* PENSIONS IN UNITED STATES— ILLINOIS.
F orm s U
se d i n
J u v e n il e C o u r t
of
Cook Co u n ty (C
r e po r t o f in v e s t ig a t o r —
Agencies and per
sons interested.
Address.
Capacity.
h ic a g o )
—
Continued.
continued.
Of
No.
Disabilities.
Date.
Date.
Accident............................
Chronic physical disability.
Epilepsy.............................
Insanity........................ .
Subnormal mind................
Industrial accident__ ____
Occupational disease..........
Tuberculosis......................
Institutional care of.
Of No.
Date.
Venereal disease.................
Maternity...........................
Imprisonment....................
Death.................................
DATE OF GRANT.
Date of grant
Docket No.
Income from fund.
Income from family.
Income from rela
tives.
Order of the court,---------------- .
Income from all
other sources.
.
DEPENDENT PETITION.
In the circuit (juvenile) court of Cook County.
----------, Term 19— .
To the honorable, the judges of the circuit court of Cook County, in chancery sitting:
1. Your petitioner, ---------- ---------- , respectfully represents unto yoUr honors that your
petitioner Is a reputable and responsible person and a resident of said county. Your
child under fourteen years
petitioner further represents t h a t ---------------------- is a
o f age and of the age of ---------- years on the ------- day of ---------- , A. D. 19— , now
within the said county, and is a dependent child in this, that -he has not sufficient
means of subsistence.
...............
2. Your petitioner further represents that said child is living with its mother, ----- -—father
of
(b)
her
residence
isO-------- - ;} that
»
'
■
■
"j that
L
lid
L i
lC
l A
C
O
I
U
C
U
L
CA
«'ll«.t. the
C
H
I
' *
u
i»
*
*
v
* v
»
a
. said child is (a) dead
permanently incapacitated for work by reason of physical or mental infirmity.
3. Your petitioner further shows t h a t ---------- ------------, the mother of said child, is a
citizen o f the United States of America and a resident of said county for three years
next before the date of the application for relief upon which this petition is based;
that she is a proper person, physically, mentally, and morally fit to bring up said child
and that she does not own any real or personal property other than the household
goods; that she is poor and unable without financial aid and assistance to properly
care for the said child, but is otherwise a proper guardian of said child, and the relief
prayed for herein is necesssary to save said child from neglect.
4. Your petitioner further represents that said child has no relatives of sufficient
ability to support it.
.
.
.,,,
,
5. Your petitioner further represents that it is for the welfare of said child and
for the best interests of the people of the State of Illinois that said child should remain
at home with its mother.
,
.
, .
. .
_
6 . Your petitioner prays that the said ----------------------and the board of commissioners
of Cook County, Illinois, and each of them who are hereby made parties defendant
hereto, be required to personally be and appear before this honorable court on the
day of ---------- 19 — , at the hour of ------ - m., and then and there have, said child in
open court and answer this petition forthwith, and show, if they or either of them
can, why the said child should not be and remain a ward of this honorable court, and
that upon the hearing of this cause this honorable court will order and direct the, board
of commissioners of Cook County, Illinois, through the county agent, or otherwise, to
provide and furnish to the mother of said child such necessary financial aid and assist
ance as will enable her to properly care for the said child at home, and that this
State of Illinois, county of Cook, ss.
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Federal Reserve Bank of St. Louis
MOTHERS
PENSIONS IN UNITED STATES— ILLINOIS.
27
honorable court will make such other orders in regard to the visitation and supervision
of said child as may be necessary to maintain the integrity of the family home and the
welfare of the said child, and make such other and further orders In this cause as to
your honors shall seem meet and according to equity and good conscience and according
to the statute in such case made and provided.
May it please your honors to grant unto your petitioner the writ of summons out
of chancery, directed to the- sheriff or any probation officer of said county therein, and
thereby commanding him to summon the said defendant,---------------------- , and the board
of commissioners of Cook County, Illinois, to personally be and appear Before this hon
orable court on the ------ day o f ---------- , A. D. 19— , at the hour of ------ , and that they
then and there have s a id ----------------------in open court.
-------------------- , Attorney for Petitioner.
State of Illinois, county of Cook, ss.
---------- ---------- , being first duly sworn, deposes and says that affiant has read the
above and foregoing petition by affiant subscribed and knows the contents thereof, and
that the same is true to the best of affiant’s knowledge, information, and belief.
Subscribed and sworn to before me this ------ day of ---------- , A. D. 19— .
----------------------, Clerk.
SUMMONS.
State of Illinois, Cook County, ss.
In the circuit court of Cook County (juvenile court).
The people of the State of Illinois, to the sheriff or any probation officer of Cook County,
greeting:
We command that you summon ----------s ---------- and all whom it may concern, if
-he— shall be found in your county, personally to be and appear before the circuit
court of Cook County before the honorable ---------- ---------- , one of the judges thereof,
designated to hold and holding juvenile court thereof, in the juvenile court room at the
courthouse, in room 1007, in Chicago, in said county of Cook, on t h e -------day o f ------;-----,
A. D. 191— , at — o’clock — m. to answer unto the petition o f ---------------------- hereto
fore filed in the office of the clerk of said court, alleging t h a t---------------------- , now in the
custody and control of the said ---------- ---------- . is a ¿l^nquent
an<* that - h e then and there have the said child in open court.
And have you then and there this writ, with an endorsement thereon in what manner
you shall have executed the same.
W itness,---------------------- , clerk of the said court, and the seal thereof, this —— day
o f ---------- , 191— .
--------------------- , Clerk.
Served this writ on the within named ------- -------------- by reading the same to -----------and at the same time delivering a copy thereof t o -------th is -------- day o f ----------- , 191— .
Served this writ on the within nam ed---------------------- by leaving a copy thereof a t -------usual place of abode, with ------ -— ----------, a member of ------- family of the age of ten
years and upwards, at the same time in form ing------- of the contents thereof.
The other within-named defendants not found in my county.
APPEARANCE OF PRESIDENT OF COUNTY BOARD.
State of Illinois, county of Cook, ss. In the circuit court of Cook County.
In the matter of ---------- ---------- (alleged dependent), juvenile No. -------, I, ------------------- , president of the county board, do hereby enter my appearance herein waiving
service of notice.
HISTORY SHEET.
Name of child ---------- ---------- . Age ---------- . Father’s name, nationality, and creed
---------- ——:---- , -----------, ---------- . Address ---------- . Mother’s name, nationality, and
creed ---------------------- , ---------- , ---------- . Address-------- -. Mother’s earning capacity -------- .
•------------------- - , Probation Officer.
ORDER ON COUNTY BOARD TO GRANT RELIEF.
DECREE, DEPENDENT ------------- ON PROBATION.
C h ic a g o , ------------ , 191— .
In the matter o f ---------------------- , juvenile No. ------- .
This cause now coming on to be heard upon the petition for relief filed herein and the
appearance of the defendants, the board of commissioners of Cook County, Illinois,
a n d ---------------------- , and the c h ild ---------------------- , being now here in open court in h—
own proper person, and the defendants, the board of commissioners of Cook County,
Illinois, a n d ---------------------- being also here in open court, and the court having heard
all the evidence adduced and being fully advised in the premises, finds:
That it has jurisdiction of all the parties to this cause and the subject matter hereof;
that the petitioner is a reputable person and a resident in the County of Cook and State
o f Illinois, and that —-------------------is a
person under the age of fourteen years
and of the age of ------- years on the ------- day of -------- -, A. D. 19— , now within said
county and living with its mother, and is a dependent child in this that it has not suffi
cient means of subsistence as alleged in the petition herein.
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MOTHERS
PENSIONS IN UNITED STATES— ILLINOIS.
The court further finds that the father of said child is (a) dead; (b) permanently
incapacitated for work by reason of physical or mental infirmity; that ---------- ----------,
mother of said child, is a citizen of the United States of America and is and has been
a resident of said county for three years next before the date of the application for relief
herein and that she is a proper person physically, mentally, and morally fit to bring up
said ch ild; that she does not own any real or personal property other than the household
;oods; that she is poor and unable without financial aid and assistance to properly care
or said child, but is otherwise a proper guardian of said child, and that the relief
prayed for herein necessary to Eave said child from neglect.
The court further finds that all the material allegations in the petition herein are
true and proven as therein alleged.
The court further finds that it is for the welfare of said child and for the best interest
of the people of the State of Illinois that said child should remain at home with its
mother.
And the court further finds upon testimony heard in open court that the sum o f ------dollars per month is the amount of money necessary to enable the mother to properly
care for said child at home.
It is, therefore, ordered that the s a id --------------------- be and remain a ward of this court
and that said ward go hence and he and remain w it h ---------------------- , mother of said
child, subject to the friendly visitation and supervision of the chief probation officer of
this court or such assistant probation officer of this court as may from time to time be
designated by him.
It is further ordered, adjudged, and decreed that the sum of — -— dollars per month
be, and hereby is, fixed by the court as the amount of money necessary to enable the mother
to properly care for said child at home, and that the board of commissioners of Cook
County, Illinois, through its county agent, or otherwise, be, and hereby is, directed and
ordered to pay t o ---------------------- , mother of said child, the sum of------------dollars per
month, beginning ---------- , until further order of court..
And the court hereby retains jurisdiction of this cause for the purpose of making such
further or other orders herein for the welfare of said child as may from time to time be
found to be in accordance with equity and in accordance with the statute in such case
made and provided.
E n te r ---------------------------------- ,
Judge of the Circuit (Juvenile) Court of Cook County, Illinois.
f
IDENTIFICATION CARD.
[Made out in triplicate in 3 colors; red one given to woman, yellow to county agent,
white filed In funds department.]
Present this card at office of Cook County agent, 213 So. Peoria Street, on the 5th day of
each month.
IDENTIFICATION.
In the matter o f ---------- , juvenile No. -------.
(Reverse side.)
(Signature of parent.)
C h ic a g o , ------------.
County Agent o f Cook County, Illinois.
D e a r S ir : I hereby certify that the foregoing is the signature of M rs . -------------------------- ,
who by order of the juvenile court entered on the ------- day of ----------, A. D. 19— , is
entitled to relief under the “ funds to parents act ” for h— above-named children.
Chief Probation Officer of the Juvenile Court.
IDENTIFICATION CARD.
[Used for purpose of registration with other departments of the court.]
Surname--------------- -. Date of first report------- .
Address.
First names.
Dept.
Officer.
Dept.
Officer.
6.
1. F
7.
2. M
8.
3.
.4.
5.
9.
10.
OTHER REPORTS.
Dates.
Name of child com
plained of.
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Federal Reserve Bank of St. Louis
Address.
MOTHERS
PENSIONS IN UNITED STATES— ILLINOIS.
29
SCHOOL STANDING AND ATTENDANCE BLANK, ------------- SCHOOL.
C h ic a g o , I I I . , ----------- , 19— .
In the matter o f ----------------------. Address ---------- .
The records of this school for the month ending ---------- , 19 — , in the case of the
above-named child show the following:
A tt e n d a n c e ! A bsen ces e x c u s e d ------------.
A ttendance-^ A bsen ces un ex c u s e d -----------.
Scholarship---------.
Deportment --------- .
Grade---------- .
Remarks---------- ----------- .
(Signed)
— ----------------- , Principal.
PARTIAL REPORT OF INVESTIGATION ON COMPLAINT NO. -------- .
Name ---------- ---------- . Address — ------- .
-------------------. Action taken ---------- .
D ate,--------- , 191— .
Parties consulted and information received
--------------------- , Probation Officer.
REPORT OF WORK DONE IN THE CASE OF PAROLED WARD.
Date,
Name.
Docket number.
Address.
---------------------- , Probation Officer.
DAILY REPORT OF HOURS OF SERVICE.
(This report must be sent so that the chief probation officer will receive it in the morn
ing’s first mail.)
---------------------- , 191— .
Began w ork ,---------- m. Location, ----------- . Stopped work, ------- — m. Location---------- .
Lunch, ---------- m. to ----------- m.
Appointments (time and place that you can he reached by ’ phone), — ------------------ .
---------------------- , Probation Officer.
NOTICE AFTER PROBATION TO HAVE CAUSE SET FOR HEARING.
State of Illinois, county of Cook, ss. In the circuit court of Cook County (juvenile court).
In the matter o f ----------------------, ----------------------• Juvenile No. -------.
T o ----------------------, ---------------------- , defendants in above-entitled cause:
Please take notice that o n ---------- , the ------- day o f ---------- , A. D. 191— , at the hour
o f ------ m., or as soon thereafter as I can be heard, before his honor, Judge--------------------at his court room in the Juvenile Courthouse, 771 Ewing Street, in Chicago, in said
county, I shall ask that the above cause be set down for hearing on ------ , the ------- day
0f ______ _ A. D. 191— , at the hour of ------ m., and for a rule upon you that you then
and there h a v e ---------------------- in open cou rt; at which time and place you may appear
if you see fit.
Served the within notice on the within-named---------------------- , ---------------------- , defend
ants, by reading same to ------ , at the same time delivering a copy thereof to —-----this
— — day o f ----------, 191— .
ORDER SETTING CAUSE FOR HEARING.
In the matter of — ------- ------— ---------- ---------- . Juvenile No. -------.
On motion of ---------- ---------- and proof of due notice of motion to the defendants
herein it is ordered that this cause be set down for hearing o n ---------- , the — — day
0f ______ a D. 19— , at the hour of ------- m., and it is further ordered that ---------____ _ _L '_________ , defendants, have the said - — ------ --------- in open court at said
time*
E n ter---------- , ---------------------- , Judge.
ORDER INCREASING OR DECREASING GRANT PREVIOUSLY ALLOWED.
State of Illinois,; county of Cook, ss. In the circuit (juvenile) court of Cook County.
In the matter o f ------------------ —, a dependent. Juvenile N o .------- .
This cause duly coming on for a hearing and it appearing to the court that it has
lurisdiction of all the parties to this cause and the subject matter hereof;
And it further appearing to the court from the evidence that the sum of ------ dollars
Der month heretofore fixed by the court as the amount of money necessary to enable
the defendant parent herein to properly care for the above-named child at home is
------ sufficient for that purpose:
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Federal Reserve Bank of St. Louis
30
MOTHERS' PENSIONS IN UNITED STATES----IOWA.
It is therefore ordered that the order of payment (under the funds to parents act)
heretofore on t h e ----- - day of ---------- , 19— , entered herein, be, and the same is hereby,
amended so that from and after t h e ------ day of -------- — . 19— , the same shall read as
follows, to w it:
„
. „
...
It is therefore ordered, adjudged, and decreed that the sum of ------ dollars per month
be, and hereby is, fixed by the court as the amount of money necessary to enable the
parent to properly care for said child at home and that the board of commissioners of
Cook County, Illinois, through its county agent or otherwise, is hereby directed and
ordered to pay t o ---------------------- , parent, the sum of ------- dollars per month, beginning
until further order of court.
Judge.
Enter
NOTICE OF MOTION TO STAY PAYMENT.
State o f Illinois, county of Cook. In the circuit (juvenile) court of Cook County,
Illinois.
In the matter o f ---------------------- . Juvenile No. ------ .
------- d efen d a n ts in th e a bov e e n title d c a u s e :
T o ---------------------- and
t h e '-------a y oo f i ---------------- daay
----- w -. , A. D. 19— , a t th e h o u r o f
Please take notice that on ------- rne
--------m ., o r as soon th e re a fte r as I ca n be heard b e fo re h is h o n o r. J u d ge
■
at his court room at the courthouse in room 1007, in Chicago, in said county, I shall
move the court to stay further payment under the ‘‘ funds to parents act under the
order heretofore on the ------ day of ---------- , A. D. 19— , entered herein at which time
and place you may appear if you see fit.
______ ______
by
Served the within notice on the named --------- - —-----—>
~~
> defendants,
-IP
this
reading the same to -------, at the same time delivering a copy thereof to
— ;— day of ---- ----- , 19— .
[The above notice is also used for the increasing or decreasing of funds after first
grant and for continuing funds after child is 14 years old, if incapacitated.]
ORDER STAYING PAYMENT.
State of Illinois, county of Cook, ss. In the circuit (juvenile) court of Cook County.
In the matter o f ---------- ---------- • Juvenile No.
,
This day co m e s______________ and enters herein his motion to stay further payment
under the funds to parents act under the order heretofore on the ------ day of —r,
19 __ entered herein.
And thereupon this cause coming on to be heard on said motion and it appearing to
the court that due service of said motion has been had on the defendants
______________________ , and said defendants---------------------- . ---------------------------------- » being
The court after hearing all the evidence adduced and being fully advised in the
premises hereby sustains said motion.
.
„ , „. .
..
It is therefore ordered that further payment under the ‘‘ funds to parents act
by
nrdpr of ponrt heretofore on the ------ day o f ---------- entered herein be, and the same
is ^hereby stayed until further order of court and this cause hereby stands continued.
Enter ---------- , ---------------------- > Juage.
IOWA.
[Supplement to Code 1907, as amended by Laws 1909, chap. 13; Laws 1913, chap. 31.]
S ection 254-al3. Jurisdiction.— The district court and superior courts are
hereby clothed with original and full jurisdiction to hear and determine all
cases coming within the purview of this act, and the proceedings, orders, find
ings and decisions of said courts shall be entered in a book or books to be kept
for the purpose and known as the juvenile court record. Said courts shall
always be open for the transaction of business coming under the purview of
this act, but the hearing of any matter requiring notice shall be had only in
term time or at such time and place as the judge may appoint.
S ec . 254-al5. Petition.—Any reputable person being a resident of the county,
having knowledge of a child in his county who appears to be either dependent,
neglected or delinquent^ may, without fee, file with the clerk of the court hav
ing jurisdiction of the matter, a petition in writing, setting forth the facts, veri
fied by affidavit; it shall be sufficient if the affidavit is upon information and
belief.
S ec . 254-al6. Summons.— Upon the filing of the petition the court may cause
a summons to issue requiring the person having custody or control o f the child
or with whom the child may be, to appear with the child at a time and place
stated in the summons. The parents of the child, if living, and their residence
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Federal Reserve Bank of St. Louis
MOTHERS
PENSION’S IN UNITED STATES— MASSACHUSETTS.
31
is known, or its legal guardian, if one there be, or if there is neither parent nor
guardian or if his or her residence is not known, then some relative, if there
be one and his residence is known, shall be notified o f the proceedings, and in
any case the judge may appoint some suitable person to act in behalf o f the
child. * * * On the return o f the summons or other process, or as soon
thereafter as may be, the court shall proceed to hear and dispose o f the case
in a summary manner. * * *
Sec. 254-al8. Probation officers.— The court shall have authority to appoint
or designate one or more discreet persons o f good character to serve as proba
tion officers * * *. In case a probation officer shall be appointed by any
court, it shall be the duty o f the clerk o f the court, if practicable, to notify the
said probation officer in advance when any child is to be brought before the
said court; it shall be the duty o f said probation officer to make such investi
gation as may be required by the court; to be present in court in order to rep
resent the interests of the child when the case is heard; to furnish to the court
such information and assistance as the judge may require * * *.
Sec. 254-a20. Dependent children— Custody—Aid to poor mothers.—When
any child of the age stated in section two (2 ), hereof, shall be found to be de
pendent or neglected, within the meaning o f this act, the court may make an
order committing the child to the care of some suitable State institution, or
to the care of some reputable citizen o f good moral character, or to the care
o f some industrial school, as provided by law, or to the care o f some associa
tion willing to receive it, embracing in its objects the purpose o f caring for
and obtaining homes for dependent and neglected children, which association
shall have been accredited as hereinafter provided.
I f the court finds that the mother o f such dependent or neglected child is a
widow, and if the court further finds that such mother is poor and unable to
properly care for said child, but is otherwise a proper guardian, and that it
is for the welfare o f such child to remain at home, the court may enter an
order finding such fact and fixing an amount of money necessary to enable
such mother to properly care for such child, and thereupon it shall be the
duty of the county board o f supervisors, through its overseer of the poor or
otherwise, to pay to such mother, at such times as said order may designate,
the amount so specified for the care o f such dependent or neglected child until
further order of the court: Providing, however, That the amount to be paid
for the care of any such child shall not exceed the sum of two dollars per
week: And provided further, That such payment shall cease upon any such
child attaining the age o f fourteen years. Any mother whose husband is an
inmate of any institution under the care o f the board o f control, shall, for the
purposes of this act, be considered a widow, but only while such husband is
so confined. [Amendment approved April 19, 1913. Laws 1913, chap. 31.]
The court may, when the health or condition of the child may require it,
cause the child to be placed in a public hospital or institution for treatment
or special care, or in a private hospital or institution which will receive it for
like purposes without charge.
MASSACHUSETTS.
[Laws 1913, chap. 763.1
An Act To provide for suitably aiding mothers with dependent children.
Be it enacted, etc., as follows: Section 1. Aid to mothers with dependent chil
dren.— In every city and town the overseers of the poor shall, subject to the
provisions of the subsequent sections of this act, aid all mothers with depend-
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MOTHERS
PENSIONS IN UNITED STATES— MASSACHUSETTS.
ent children under fourteen years of age, if such mothers are fit to bring up
their children. The aid furnished shall be sufficient to enable the mothers to
bring up their children properly in their own homes; and such mothers and
their children shall not be deemed to be paupers by reason o f receiving aid as
aforesaid.
S ec . 2. Duties of overseers o f the poor.— Before aiding any mother under the
foregoing section, except as hereinafter provided, the overseers of the poor
shall determine that the mother is fit to bring up her children and that the
other members of the household and the surroundings of the home are such as
to make for good character, and that aid from the overseers is necessary to
enable her to bring up her children properly, by making an immediate and
careful inquiry including the resources o f the family and the ability of its
other members, if any, to work or otherwise contribute to its support, the exists
ence of relatives able to assist the family, and o f individuals, societies or
agencies who may be interested therein; shall take all lawful means to compel
all persons bound to support the mother and children to support them, and to
enforce any other legal rights for their benefit; shall press all members of the
family who are able to work, other than the mother and her dependent chil
dren, to secure w ork; shall try to secure work for them; and shall secure all
necessary aid for the mother and children which can be secured from relatives,
organizations or individuals. Nothing herein contained shall be construed
to prevent the overseers from giving prompt and suitable temporary aid here
under, pending compliance with the requirements of this section, when in their
opinion such aid is necessary and can not be obtained from other sources. A
detailed statement o f expenses incurred under this section shall be rendered to
the State board of charity, together with such certificates or other guaranties
as the said board may require.
S ec . 3. The said overseers, either by one of their own number or by their
duly appointed agent, shall visit at least once in every three months at their
homes or other place or places where they may be living, each mother and her
dependent children who are being aided financially or otherwise by said over
seers, and after each visit shall make and keep on file as a part of their official
records a detailed statement of the condition of the home and family and all
other data which may assist in determining the wisdom of the measures taken
and the advisability of their continuance; and said overseers shall at least
once in each year reconsider the case of each mother with dependent children
with whom they are dealing, and enter their determination with the reason
therefor on their official records.
S ec . 4. To whom act shall apply.—This act shall apply to all mothers and
their dependent children, whether or not they or any of them may have a settle
ment within the Commonwealth, who shall have resided in the Commonwealth
not less than three years. No person shall acquire a settlement or be in process
o f acquiring a settlement while receiving aid hereunder.
S ec. 5. State board of charity to have supervision.— The State board of charity
shall hereafter, supervise the work done and measures taken by the overseers
o f the poor of the several cities and towns in respect to families in which there
is one child or more under the age of fourteen, whether or not such family or
any member thereof has a settlement within the Commonwealth; and for this
purpose may establish such rules relative to notice as they deem necessary and
may visit and inspect any or all families aided under this act, and shall have
access to any records and other data kept by the overseers of the poor or their
representatives relating to such aid; and said board shall, in its annual report
to the legislature, report upon the work done by its own agents and by the
overseers of the poor in respect to such families any o f whose members are
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without legal settlement in the Commonwealth; and shall make a separate
report on the work done by the overseers of the poor in respect to such
families in which all the members have a legal settlement in the Commonwealth.
Sec. 6. Reimbursement by the Commomcealth.—In respect to all mothers in
receipt of aid hereunder the city or town rendering the aid shall be reimbursed
by the Commonwealth, after approval of the bills by the State board of charity,
for one-third of the amount,of the aid given. If the mother so aided has no
settlement, the city or town shall be reimbursed for the total amount of the
aid given, after approval of the bills by the State board o f charity as aforesaid.
I f the mother so aided has a lawful settlement in another city or town twothirds of the amount of such aid given may be recovered in an action of con
tract against the city or town liable therefor in accordance with the provisions
of chapter eighty-one of the Revised Laws and acts in amendment thereof and
in addition thereto.
Sec. 7. Appropriation.— For the purpose of reimbursing the cities and towns,
as provided in the foregoing section, there shall be appropriated from the
treasury of the Commonwealth the sum of fifty thousand dollars for the opera
tions of the first year.
Sec. 8. Repeal.—All acts and parts of acts inconsistent herewith are hereby
repealed.
Sec. 9. Time of taking effect.—This act shall take effect on the first day of
September, nineteen hundred and thirteen.
Approved June 12, 1913.
O peration
of
Law .
Prior to the passage of this act a commission to study the question o f the
support of dependent minor children of widowed mothers had been created by
Resolves 82, Laws of 1912, and had made its report to the legislature. (Printed
as H. Doc. 2075, 1913.) Included in the report (p. 37) is a draft of the bill
recommended by the commission which differs from that enacted by the gen
eral court in that it provided for a State commission of five persons with
authority to order payments, to be called subsidies, to be made by the overseers
of the poor to indigent widowed mothers with dependent children. The law
enacted gives the power o f initiating aid to the overseers o f the poor alone, as
an extension of the system of local relief, with no limitations on the amount
to be granted. The State board o f charity has, however, general supervision
of the work, and upon its approval of the bills thereby incurred the Common
wealth reimburses one-third on settled cases and the total amount on unsettled.
The board is carrying out the mother’s aid law through a woman supervisor and
five woman visitors under the superintendent of the adult poor division o f the
board. The immediate guidance of the whole work is under one of the board’s
committees known as the social service committee. An account o f the admin
istration of the law, by Mrs. Ada E. Sheffield, the chairman o f this committee,
is given in the Survey for February 21, 1914. She summarizes the method of
granting aid as follows:
“ The mother makes application of the overseer o f the poor in her place of
residence. He investigates her need, fitness, and resources, filling out a blank
form which the board has prepared for the purpose, and ending with his recom
mendation. This information and advice he sends in to the State board. The
supervisor then assigns one of the five women visitors to make a second inde
pendent investigation, and reviews the recommendation of the overseer in the
light of the two findings. The result of her study o f the case, whether approval,
disapproval, or suggestions on treatment, she embodies in a letter to the over
seer in question. In the course of her work she is in constant conference with
the superintendent of the adult poor division, a man who has the advantage of
many years’ acquaintance with the individual overseers. The chairman o f the
committee goes over cases that present some deviation from the usual types,
while the committee itself considers special cases and all general questions of
policy.”
38076°—14-----3
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After three months’ experience with the types o f families recommended for
aid by the overseers and after conferences with these officials the State board
of charity drew up a following tentative statement of the general policies which
should govern the granting o f the new form of a id :
TENTATIVE STATEMENT OF GENEBAL POLICIES GOVERNING NEW FORM OF AID.
Co m m o n w e a lth
Massachusetts,
S tate B oard of C h a r it y ,
D iv is io n of S tate A dult P oor,
of
State House, Boston, November SO, 1913.
Overseers of the poor.
D ear S i r s : Under the provisions of chapter 763, Acts of 1913, the State
board of charity was given certain supervisory powers, and also control of rules
relative to notices to and reimbursement by the Commonwealth. This law can
not be successfully administered unless the overseers o f the poor and this
board work harmoniously. The board believes that relief should be adminis
tered according to general policies. Since the people who may benefit by this
act will inevitably adapt their lives to the conditions under which they can
receive help, they should know what these conditions are. The policies accord
ing to which public authorities administer the ample relief provided for in this
law will have an educational influence, not only on the beneficiaries, but on all
those families that are on the border line of need. This influence will be
wholesome in proportion to the wisdom shown by the overseers and the State
board of charity. While the board is becoming acquainted with the types of
family problems which the overseers are considering under this act, it would
be a serious mistake for us to suggest policies which might probably have to
be reversed later. In some directions, however, the board can state its position
at once.
From our observation of the families aided under the provisions of this act
and our .general knowledge of relief work, we believe it wise and necessary at
this time to establish the following definite policies, and ask your cooperation
in their application:
1. Aid granted should be o f the kind best adapted to the needs of the indi
vidual family. In many cases a partial allowance of cash is desirable; but we
would suggest that only in cases where the mother is intelligent and judicious
should the full allowance be in cash. Cash allowances should be granted
weekly, never monthly.
2. If there is illness in a family receiving relief under the provisions of
chapter 763, Acts of 1913, which is temporary, requiring only medicine or a few
doctor’s visits, the medical relief or medicine should be granted under the pro
visions of the said act; but in cases of long-continued illness or illness requir
ing hospital treatment, notice should be sent under the provisions of section 14.
chapter 85, Revised Laws. Reimbursement by the Commonwealth for medical
attendance in the home will be made in accordance with the provisions of
chapter 292, Acts o f 1909.
3. Section 4 provides in part: “ This act shall apply to all mothers and their
dependent children, whether or not they or any of them may have a settlement
within the Commonwealth, who shall have resided in the Commonwealth not
less than three years.” Families who have not resided in the Commonwealth
for three years subsequent to September 1, 1910, should not be considered as.
coming within the provisions of the act. I f such a rule were not established,
many families who were residents of Massachusetts years ago would return
from other States for the express purpose of becoming beneficiaries under the
act.
4. The law contemplates aid for families under a constructive plan for a
definite period, or until such time as the dependent children have attained the
age of 14 years. Although the law provides relief and not pensions, the idea
that animated its passage was that o f granting to dependent mothers an income
on which they may count while their children are below working age. The
need which was urged before the legislature, the illustrative cases brought for-'
ward to emphasize that need, were both such as would continue through a
period of years. Such a “ regular allowance differs from most material relief
in other particulars than in the size, or even the regularity, of the relief. It
represents a settled plan requiring a specified sum per week, the mother being
informed of the plan, relieved from worry, and thus put in a position to adjust
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her expenses to her income.” It seems wise for the present to consider only
such cases as will, according to your best judgment, require relief for at least
a period of one year. Other cases can be handled by private charities, by
churches, or under the temporary aid law.
5. It is important that the law should not serve as a palliative for desertion.
It therefore seems unwise to consider an application under this act until after
one year has elapsed since the desertion occurred, and the mother has shown
her desire to ameliorate conditions by requesting the court to issue a warrant
for nonsupport under the provisions o f chapter 456 of the Acts of 1911 and
amendments thereto. We should use our influence to strengthen the sense of
responsibility for children by making the lot of the deserting father less, and
not more, eligible.
6. The mother should not discontinue her employment unless it is apparent
her health is being impaired, o r the children require more personal supervision.
In many instances it may be desirable to arrange for-a different kind of em
ployment, or discontinuance o f service for a portion o f the week. There are
undoubtedly relatives or other reliable persons living with many of these fami
lies who can give the dependent children proper attention during the mother’s
absence. To insist that the mother shall not work, regardless of home condi
tions, would tend to discourage that desire for thrift and independence which
is an essential element in society. The policy should be stimulative, and con
structive rather than destructive.
7. The board suggests that before granting aid to any mother with illegiti
mate children, the overseers consult with the superintendent o f the division of
State adult poor. The presumption is against aiding such mothers under this
law, since to do so would offend the moral feeling of respectable mothers, and
would thus do violence to a traditional sentiment that is inseparable from a
respect for virtue.
8. If the applicant has funds to an appreciable amount, the State board of
charity would appreciate a reference of the case for consideration prior to the
granting of aid. The board believes that unless a definite protective plan can
be formulated by the overseen whereby a certain amount can be dispensed by
a trustee, or otherwise, according to the need o f each individual case, the case
should not be considered as coming within the provisions o f the act.
9. If the applicant has an equity to an appreciable amount in the real estate
upon which the family resides, the State board would appreciate a reference of
the case for consideration before aid is granted.
10. To carry out the intent o f this law, which applies only to those families
providing a proper environment for the dependent children, the board decides
that the presence of male lodgers presents dangers incompatible with the best
interests of the fam ily; and declines, as a rule, to reimburse in such cases.
The board prefers, if necessary, to reimburse, in accordance with the law, for
additional relief granted to meet the reduction of income caused by such re
moval.
Obviously, no one can draw an arbitrary line between a fit and an unfit
mother. The. extremes of fitness or unfitness all will agree upon; it is the
doubtful cases about which questions would arise. Since this aid which the
public gives is adequate, the board feels that we can ask a fairly high standard
of character and home care from the mothers. With such a reward in view,
it is a poor sort of woman who will not do well. The public authorities can
make adequate relief a powerful lever to lift and keep mothers to a high stand
ard of home care. I f we grant the aid to any woman whose care of her chil
dren will just pass muster, we throw away a chance to make these women im
prove. If, on the contrary, we make relief under this law conditional on a
fairly high standard of home care, we shall find that the mothers will rise to
this standard. The fact is that a mother of little children who will not attend
conscientiously to their diet, cleanliness, health, and conduct for the sake of
an adequate'income, steadier possibly than were her husband’s wages, is not
the sort of woman Massachusetts wants to help under this act.
In fine, possible and actual beneficiaries will adapt themselves to the condi
tions which attend the receipt o f this relief. We can hardly exaggerate the
beneflcient influence which a relief policy, administered always with broad
educational aims in mind, may exercise on the people of the State.
The board believes that effective help for the needy is conditional upon close
and cordial cooperation between public and private charities. “ Cooperation ”
between charities includes either or both o f two sorts of relation: The agencies
may divide among them the needy families, agreeing not to trespass oh each
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M O T H E R S * P E N SIO N S I N
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other’s cases, or they may consult and work together on the same cases. A divi
sion of the field o f work is a business arrangement often necessary to economy
of effort. On the other hand, public and private charities need to consult
with each other on the treatment o f individual cases in order that each
may profit by tho other’s point of view. The private charity that holds aloof
becomes narrow, provincial; the public charity that tries to be sufficient unto
itself ends by giving perfunctory care to its charges. Because of the privilege
which private charities have of limiting the amount o f their
work,
often exercise closer supervision over their cases than is possible to public
visitors. Either associated charities, children’s societies, district nursing asso
ciations, or churches may further the work of the overseers by visiting and by
keeping the overseers informed of home conditions in the intervals of official
they c
If from your experience the above policies do »not work out successfully, we
would appreciate your suggestions or criticisms, either by discussion at the
future meetings the board will hold with the local boards, by correspondence,
or by personal interview with the superintendent of State adult poor.
We have also adopted the following rules relative to notices and submission
of bills:
,
^ ,, „
,
1. Whenever an original notice
has been sent to the State board
on r orm
1471 or 1472 it will continue in force until the case is closed.
2. Reimbursement by the Commonwealth will be allowed for the five days
prior to date of notice instead of 24 hours as previously stated.
3. Section 3 of said act provides: “ The said overseers, either by one o f their
own number or by their duly appointed agent, shall visit at least once in every
three months at their homes or other place or places where they may be liv
ing, each mother and her dependent children who are being aided financially
or otherwise by said overseers, and after each visit shall make and keep on
file as a part of their official records a detailed statement of the condition of
the home and family and all other data which may assist in determining the
wisdom of the measures taken and the advisability o f their continuance; and
said overseers shall at least once in each year reconsider the case of each
mother with dependent children with whom they are dealing, and enter their
determination with the reason therefor on their official records.
In order that the supervisory board may be constantly advised o f conditions
in the home and the continuance or discontinuance of aid, we have prepared a
blank, substantially a renewal notice, which should be sent to the State board
of charity after each quarterly visit of the overseers or their duly appointed
agent, as provided in the above-quoted section. A statement has also been
added to this blank providing for notification of the yearly reconsideration by
the board of overseers.
Bills should be rendered to the Commonwealth for aid granted during the
quarter ending November 30, 1913, the five months ending April 30, 1914, and
every six months thereafter.
Bills should be rendered to city or town o f legal settlement for two-thirds of
the amount of such aid given in accordance with the provisions o f section 6 of
the said act. Sample forms of notices and bills are inclosed, and may be
obtained from the usual source.
Very truly, yours,
-------------------- , Superintendent.
MICHIGAN.
[Laws 1913, No. 228.]
An Act To amend section seven o f act number six of the Public Acts of the extra
session of nineteen hundred seven, entitled “An act to define and to regulate
the treatment and control of dependent, neglected and delinquent children ;
to prescribe the jurisdiction of the probate courts and the powers, duties and
compensation o f the probate judges with regard thereto; to provide for the
appointment o f county agents and probation officers and to prescribe their
powers, duties and compensation,” approved October twenty-four, nineteen
hundred seven; to provide for the relief of poor mothers o f dependent and
neglected children.
The people of the State of Michigan enact: S ection 1. Section seven o f act
number six of the Public Acts o f the extra session of nineteen hundred seven,
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entitled “An act to define and to regulate the treatment and control o f de
pendent, neglected and delinquent children; to prescribe the jurisdiction o f the
probate courts and the powers, duties and compensation of the probate judges
with regard thereto; to provide for the appointment of county agents and pro
bation officers and to prescribe their powers, duties and compensation,” ap
proved October twenty-four, nineteen hundred seven, is hereby amended to read
as follows^
S ec. 7. Dependent children— Assistance to needy mothers.—When any child
under the age of seventeen years shall be found to be a dependent or neg
lected child within the meaning o f this act, the court may make an order
committing the child to the care o f some suitable State institution subject
to the law and regulations governing such institution, or to the care of
some reputable citizen of good moral character, or to the care of some
training school, or industrial school, as such provided by law, to the care
of some association willing to receive it, embracing in its objects the pur
pose of caring for or obtaining homes for dependent or neglected children,
which association shall have been approved by the State board of correc
tions and charities: Provided, That if the mother of such dependent or neg
lected child is unmarried, or is a widow or has been deserted by her hus
band, or if married has been divorced, and is poor and unable to properly
care and provide for said child, but is otherwise a proper guardian, and it is
for the welfare of such child to remain in the custody o f its mother, the court
may enter an order finding such facts and fixing the amount o f money neces
sary to enable the mother to properly care for such child; such amount not to
exceed three dollars a week for each child. Thereupon it shall be the duty
o f the county treasurer o f the county o f which such child is a resident, to pay
from the general fund of such county, to such mother, at such times as such
order may designate, the amount so specified for the care o f such dependent
or neglected child until the further order of the court. Such order shall not
require the approval of the board of supervisors or county auditor or auditors.
The court shall, when the health or condition of the child shall require, cause
the child to be placed in a public hospital or in an institution for treatment
or special care, or in a private hospital or institution for special care or
treatment, the expense to be paid from the general fund o f the county of
which the child is a resident.
Approved May 7, 1913.
The provisions of act No. 6 of the Public Acts o f the extra session o f 1907
which relate to the courts having jurisdiction and the method by which cases
of dependent children are brought into court are as follow s:
[Howell’s Statutes, 1913; 11645, 11647, 11648.]
11645. S ec. 2. Jurisdiction.—The probate court shall have original jurisdic
tion in all cases coming within the terms of this act, and while proceeding
under this act shall be termed juvenile division of the probate court. * * *
Provided, That an case the judge of probate in any county is so occupied with
the duty devolving upon him in the probate court as not to have time to
attend to the cases arising under this act and shall so certify to the circuit
court, the circuit judge or one of them in districts where there is more than
one circuit judge, to be designated by the judges o f said court, shall hear the
cases under this act provided to be heard by the judge of probate, but said
circuit judge shall not exercise the powers of the probate court in such cases
for a longer period than two months, unless a new certificate and designation
be made, which shall, in like manner, be effective for a like period. * * *
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11647. S ec. 4. County agents.— The governor shall appoint in each county of
this State, upon the recommendations of the State board of corrections and
charities, an agent o f such board for the care and protection of dependent, neg
lected and delinquent children, who shall hold his office during the pleasure of
the governor, and shall be known as the county agent for the county for which
he is appointed. * * *
11648. S ec. 5. Petition— Summons—Hearings.—Upon the filing with the court
o f a sworn petition setting forth upon knowledge or upon information and
belief, the facts showing that any child resident in said county is a delinquent,
dependent or neglected child within the meaning o f section one of this act, the
court shall before any further proceeding is had in the matter give notice
thereof to said county agent or to a duly appointed probation officer, who shall
have opportunity allowed him to investigate the facts and circumstances sur
rounding the case, and upon receiving such notice the said officer shall imme
diately proceed to inquire into and make a full examination of the parentage
and surroundings o f the child and all the facts and circumstances of the case,
and report the same to the said court in writing. If, after a full investigation,
it shall appear to the court that public interest and the interest of the child
will be best subserved thereby, a summons shall issue reciting the substance of
the petition and requiring the person having custody or control o f the child, or
with whom the child may be, to appear with the child at a place and time which
shall be stated in the summons; and if such person is other than the parent or
guardian of such child, then said parent or guardian shall be notified of the
pendency of the case. The court shall notify the county agent or probation
officer making the preliminary investigation to attend said trial and act as
custodian of said child. * * * On return of the summons or writ, or as
soon thereafter as may be, the court shall proceed to hear and dispose of the
case upon such testimony as may be produced, and if the allegations against
the child are proved the court may adjudge said child a delinquent, dependent
or neglected child, as the case may be; and if it shall appear to the court that
the public interests and the interest of such child will be best subserved thereby,
he may make an order for the return of such child to his or her parents or
guardian or friends. * * *
An earlier law, passed in 1911, providing for relief out of school funds to
children of indigent parents to enable them to attend school is apparently not
superseded by the law enacted in 1913, which provides for the payment of relief
out of the county funds. (Letter from State superintendent o f public instruc
tion, Dec. 24, 1913.) The text of this law is here given, as it differs from the
usual form of school-aid law in that it provides for the payment of money for
support in addition to books and clothing.
[Laws 1911, No. 1 98 ; Howell’s Statutes, 1913; 3578-3581.]
An Act To provide means whereby children of indigent parents within school
age, may attend school.
The people of the State of Michigan enact: S ection 1. Schooling of children
of indigent parents.—Any truant officer of this State when authorized by the
board of education to investigate, and when satisfied that any child within his
jurisdiction, required by law to attend school, is unable so to do by reason of
the fact that the services of such child are absolutely required for the kupport
of himself or herself, or to assist in the support or care of others legally en
titled to his or her services, such person or persons being unable to support or
care for themselves, such truant officer shall report the case to the board of edu
cation of the school district in which such child may reside, and such board of
education shall be authorized to and may in their discretion grant such relief
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as will enable the child to attend school during the entire school year. In all
cases where such relief is necessary the said board of education shall be author
ized to, and may in their discretion, furnish to such child the necessary textbooks
free of charge, in addition to such other necessary assistance or support.
Sec. 2. Payment to family.— For the purposes in this act provided such board
of education shall pay, during the school year, to the family o f such child a
sum not to exceed three dollars a week, nor more than six dollars a week for
the children of any one family. Said money shall be paid in the same manner
and out of the same fund as are the current expenses for the maintenance o f
public schools.
Sec. 3. Duty of truant officer.— It shall be the duty of the truant officer or
treasurer of the school board in any district where a child is receiving aid
under the provisions of this act to disburse the funds herein provided for, and
to investigate the environment of the child, and to make an itemized report
monthly to the school board or some officer appointed by the board, o f the man
ner in which such funds were expended: Provided, That in cities having a juve
nile court such investigations shall be made by such court.
Sec. 4. Teacher to report.—The truant officer shall notify the teacher to
whom any child receiving aid under the provisions of this act may be assigned,
and it shall be the duty of the teacher having charge of such child to report
monthly to the school board through the superintendent of schools, the progress
such child is making in his or her school work, and the record of attendance
together with such other information as may be deemed necessary. Said truant
officer shall receive the same compensation for the time so engaged under the
provisions of this act as he receives for similar services performed by.him and
shall be paid in the same manner.
Approved April 29, 1911.
MINNESOTA.
[Laws 1913, chap. 130.]
An Act Providing for the payment o f county aid to mothers of dependent and
neglected children under certain circumstances.
Be it enacted 6y the Legislature of the State of Minnesota: Section 1. Al
lowance to needy mothers.—Whenever any child under the age of fourteen
years shall be found to be dependent or neglected within the meaning of
chapter 285, General Laws 1905, or chapter 232, General Laws 1909, or chapter
27, Revised Laws 1905, and it shall also appear that the mother of such child
is a widow, or that her husband, if living, is an inmate of a penal institution
or an insane asylum, or because o f physical disability is unable to support his
family, and that the dependent or neglected condition o f such child is due
wholly or in part to the poverty of the mother and the want of adequate
means to properly care for such child and that the mother of such child is
otherwise a proper person to have the custody of such child and that the
welfare and best interests of such child will be subserved by permitting it to
remain in the custody of its mother, the court1 may, in its discretion, make
and file an order finding and determining such facts, and therein and thereby
fix and determine the amount of money, not exceeding $10.00 per month,
which it deems necessary for the county to contribute towards the support
of such child in her own home.
1That is, the juvenile court in counties over 50,000. In counties under 50,000 the
judge of probate has the power to appoint guardians for dependent, neglected, and delin
quent children. Cases involving such children may be brought before the court by petition
of any resident of the county.
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\
Sec. 2. Allowance paid out of general county funds.—A certified copy of
such order shall be filed with the county auditor of the county of which such
child’s mother is a resident, and thereupon and thereafter, and so long as
such order remains in force and unmodified, it shall be the duty of the county
auditor each month to draw his warrant on the general revenue fund of his
county in favor of the mother for the amount specified in such order. Such
warrant shall be delivered to the clerk of the court making the order and
shall by the latter be delivered to the mother upon her executing duplicate
receipts therefor, one to be retained by the auditor and the other shall be filed
by the clerk with the other records in the proceedings relating to such child.
It shall be the duty of the county treasurer to pay such warrant out of the
funds# in the general revenue fund of the county when properly presented.
No such county aid shall be paid towards the support of any child who has
arrived at the age o f fourteen (14) years, nor to any mother who has not
resided in said county one year and in the State two years continuously next
preceeding the making of such order.
Sec. 3. Court may make order at any time.-^The court may at any time revoke
or modify any order previously made; a certified copy of any such subsequent
order shall forthwith be filed with the county auditor and thereafter warrants
shall be drawn and payments made only in accordance with such subsequently
executed order.
Approved March 27, 1913.
MISSOURI.
[Laws 1911, p. 120—122, as amended by Laws 1913, p. 146-7.1]
An Act To proyide for the partial support of poor women, whose husbands are
dead or convicts, when such women are mothers of children under the age of
fourteen (14) years and reside in counties now or hereafter having not less
than two hundred and fifty thousand (250,000) inhabitants and not more than
five hundred thousand (500,000) inhabitants, and now or hereafter having
or holding a juvenile court, with an emergency clause.
B e it enacted by the General Assembly of the State of Missouri, as follows:
Sec. 1. County courts to make appropriations.—In every county now containing
or that may hereafter contain two hundred and fifty thousand (250,000) in
habitants and less than five hundred thousand (500,000) inhabitants and in
which a juvenile court is now being held or may hereafter be held, it shall be
the duty of the county court to provide out of the moneys in the county treasury,
not already appropriated, an amount sufficient to meet the purposes of this law,
but not exceeding in any one year the sum of twelve thousand dollars
($12,000,000) for the partial support of women whose husbands are dead, or
whose husbands are prisoners or whose husbands are in either one of the
four State hospitals for the insane or in the Missouri colony for the feeble
minded and epileptic, when such women are poor and are the mothers of chil
dren under the age o f fourteen years, and such mothers and children reside in
such counties.
Sec. 2. Amount of allowance.— The allowance to each o f such women shall
not exceed ten dollars ($10.00) a month when she has but one child under the
age of fourteen (14) years, and if she has more than one child under the age
of fourteen years, it shall not exceed the sum of ten dollars ($10.00) a month
1 The amendment of 1913 extended the provisions of the law to women whose husbands
were in State hospitals for the insane or the Missouri colony for the feeble-minded and
epileptic.
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for the first child and five dollars ($5.00) a month for each o f the other chil
dren under the age o f fourteen years.
Sec. 3. Conditions of allowance.— Such allowance shall be made by the
juvenile court and only upon the following conditions: (1) The child or chil
dren, for whose benefit the allowance is made, must be living with the mother of
such child or children; (2) the allowance shall be made only when in the
absence of such allowance, the mother would be required to work regularly
away from her home and children, and when by means of such allowance, she
will be able to remain at home with her children; (3) the mother must, in the
judgment of the juvenile court, be a proper person, morally, physically and
mentally, for the bringing up o f her children; (4) such allowance shall in the
judgment of the court be necessary to save the child or children from neglect;
(5) no person shall receive the benefit of this act who shall not have been a
resident of the county in which such application is made for at least two years
next before the making of such application for such allowance.
S ec . 4. When allowance shall cease.—Whenever any child shall reach the
age of fourteen years, any allowance made to the mother o f such child for the
benefit of such child shall cease. The juvenile court may, in its discretion, at
any time before such child reaches the age o f fourteen years, discontinue or
modify the allowance to any mother and for any child.
Sec. 5. Partial relief.— Should the fund herein authorized be sufficient to
permit an allowance to only a part o f the persons coming within the provisions
of this law, the juvenile court shall select those cases in most urgent need of
such allowance.
S ec . 6. To whom applicable.— The provision o f this law shall not apply to
any woman whose husband is not dead or who is not confined in the Missouri
State Penitentiary or other prison in this State, and in the latter case it shall
not apply unless such prisoner is the lawful husband of the woman seeking such
allowance.
Sec. 7. Penalty for fraud.—Any person procuring, or attempting to procure,
any allowance for a person not entitled thereto, shall be deemed guilty of a
misdemeanor and on conviction thereof, shall be punished by a fine o f not less
than one hundred - dollars ($100.00) nor more than five hundred dollars
($500.00), or by imprisonment in the county jail, for a period o f not more than
one year, or by both fine and imprisonment.
S ec . 8. Motion to set aside allowance.— Ip. each case where, an allowance is
made to any woman under the provisions of this act, a judgment entry to that
effect shall be entered upon the records of the juvenile court making, such
allowance, and it shall be the right of any taxpaying citizen at any time to
file a motion to set aside such judgment, and on such motion the juvenile court,
or the court to whom such motion may be taken on a change o f venue, shall
hear evidence, either with or without a jury, as either side may demand, and
may make a new order granting or refusing such allowance, and from such
order, so made, an appeal shall lie as in ordinary civil cases. I f the judgment
making such allowance, is not appealed from or is affirmed on appeal, the per
son filing such motion shall pay all o f the costs of such motion and proceedings
subsequent thereto. Such motion may be renewed from time to time, but not
oftener than once in any calendar year.
Sec. 9. Repeal.—All acts or parts of acts in conflict with this act are, in so
far as they so conflict, hereby repealed.
S ec . 10. Emergency clause.— There being no adequate provision o f law cover
ing the subject o f partial support o f poor women, an emergency within the
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m o th ers
* p e n s io n s IN
U N IT E D STATES— M ISSO U R I.
meaning of the constitution is hereby declared to exist; therefore, this act shall
take effect and be in force from and after its passage and approval.
Approved April 7, 1911. Amendment approved March 25, 1913.
O pebation
of
L aw
in
J a c k so n C o u n t y .
By population limitation this law is applicable only to Jackson County. It is
administered under the juvenile court o f Jackson County at Kansas City.
From June 2, 1911, to December 31, 1913, 144 applications were passed on
by the court, of which number 62 were refused and 82 granted. During this
period 22 of the allowances made were discontinued for the following reasons:
In 8 cases the widows remarried; in 1, the husband was released from prison;
in 2, the children were not being cared fo r ; in 5, the incomes were considered
sufficient for care of the children; in 6, request was made by the mothers that
the allowance be set aside because they were in a position to care for their
children by obtaining work.
For the month of December, 1913, 60 women were receiving assistance to
the amount of $884.50. The largest amount paid any family was $25 and the
smallest $8, an average per family of $14.74 a month. The average amount
to each individual was $3.27 per month; the average amount to each child
$4.21 per month.
In the 60 families 210 children were being benefited by the allowances, 168
under 14 years and 42 over 14 years. Of this number, 117 children were in
ward school, 6 in high school, and 48 children were under school age; 20
of the children over 14 were at work; 22 were in school, 6 of these being in
high school.
The law provides an appropriation of not exceeding $12,000 a year for the
payment of allowances to widows. During the month of January, 1914, 4
more widows were added to the pay roll, making the total $928.50 per month.
At the beginning of February, 1914, there were on file 28 applications with
only $71.50 left out of the $1,000 available monthly for granting allowances.
( From the report o f J. L. Gillham, deputy probation officer in charge of widows’
allowances, Feb. 4, 1914.)
F obm s U sed
in
J uvenile C oubt
of
J a c k so n C o u n ty ( K a n s a s C i t y ).
APPLICATION OF WIDOW FOB ALLOWANCE.
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-
Give your name in fu ll: —------- ---------- . Give your address: ---------- . Your a ge:
---------- . How long have you lived at your present address? ---------- . Do you own
your own property ? --------- . What property have you, real • or personal ? State
fu lly : ---------- . I f you rent, who is your landlord ? — ------ — ------. What rent do
you pay? ---------- . Amount of rent owing: ---------- . Account of outstanding debts:
---------- . Where were you bora ? --------- . Nationality : ----------- . Where was your husband
born ? ----------. Nationality: ---------- . Give his name in f u ll: ---------- . Give place,
cause, and date o f his death: ---------- . Place and date of his imprisonment: —------- *
If your husband is dead, state what property he left, including life insurance: ----------■.
Give the names of all your children; also date and place of birth : ------------------ —. How
many children are living with y o u ? ---------- . Name them: ---------- . If any of your
children are married, give their names and addresses: -------------------—. How long have
you lived in Jackson County continuously last before the making of this application?
—-------. Give dates: Prom ---------- t o ---------- . State what your income is, including the
salary o f any child or children that you may have employed: — ------ . Have you any
money in bank ? ---------- . Am ount: ---------- . What bank ? ----------. Do you authorize
me to inquire of the bank? ---------- . Give date and place of your m a rr ia g e :------- —
Have you your marriage certificate? —--------. How many times have you been married’
---------- . Give the name of your f a t h e r :-------------- ■
------- . Give his age and address, if
livin g: ---------- . Give the name of your m other: ---------- ---------- . Give her age and
address, if livin g: ---------- . Give the names and addresses of your brothers: —-—■
—
--------- -. Give the names and addresses of your sisters: --------- --—--------. Give the name
o f your husband’s father: ----------------------. Give his ageand address,
if livin g: .
Give the name of your husband’s m other: ----------------------- . Give her age and address
brothers: — if livin g: ---------- . Give the names and addresses of your husband’s
---------- . Give the names and addresses of your husband’s sisters: ---------- -------- -.
State what relief you have received from public or private sources: ---------- . Give
amounts, and the names and locations of institutions: -----------------------. Are you em
ployed away from home? ---------- . If so, state where, giving name and address of
your employer, and what you earn : ---------- . How long since your husband’s death
have you been employed away from home? ---------- . If an allowance is made you,
what work can you procure and do at home, and what can you earn from it? ______ .
I f the court refused you an allowance, would you be required to work regularly away
from your home and children for their support? — ------ . What is the least amount
that may be allowed you that would enable you to stay at home with your children
and take care o f them ? ---------- . If an allowance is made will you agree to stay at
home with your children and properly rear them? ---------- . At any time during your
MOTHERS> PENSIONS ÎN UttlTEt) STATES— MISSOURI.
43
married life were you and your husband separated or divorced? ---------- . Were you
living with your husband at the time of his death? ---------- . Give name and address
of your physician: ---------------------- . Will you notify the chief probation officer, in writ
ing, o f any charige in your address promptly? ---------- . Give the names and addresses
of five (5) persons who have known you at least two (2) years : ---------------------- .
State of Missouri, county of Jackson, s s :
---------------------- of lawful age, being duly sworn, on her oath states, that each and all
the foregoing answers to the foregoing questions are identically as she made them, and
that each and every statement in the above application is true.
Subscribed and sworn to before me, a notary public in and for Jackson County, Mis
souri, t h is -------day o f ----------- , 19— .
REFERENCE BLANK.
J uvenile Court ,
Off ic e of Ch ie f P robation Officer ,
Kansas City, Mo., ---------- .
D ear Sir or M adam : Your name has been given us as reference b y ---------------------- o f
---------- who is applying for a widow’s allowance. Will you please answer the following
questions ? Same will be treated strictly confidential:
How long have you known applicant? — -------. How long has the applicant lived
in Jackson County continuously? ----------. Is she, in your opinion, a good moral Chris
tian woman? (yes or no.) Does she go to ch urch ---------- ; if so, which? -----------. Would
she, in your opinion, give the children a good education? ---------- . What is her reputation
for honesty? ---------- . What is the applicant’s general reputation? ---------- . How does
she care for her home? ---------- . Does she properly care for her children? ---------- .
Would you consider applicant competent morally, physically, and mentally to rear
children? ---------- . Name ---------- ---------- . Business or occupation -----— . City or
town ---------- . S ta te ---------- .
Dated th is -------day o f ----------- , A. D. 191— , a t ---------- .
BEPOBT OF INVESTIGATOR.
Name o f applicant : ---------- ---------- . Address : ---------- . Housing conditions : Family
live in ---------- rooms. Flat : ---------- . Tenement : ---------- . Detached house : ---------- .
Rooming or boarding house : ---------- . Conditions in the home regarding sanitation and
cleanliness : ---------- . Character of the neighbors and neighborhood, in regard to saloons,
pool halls, etc.: ---------- . Would you advise removal in case that allowance was granted?
---------- . Why ? ---------- . School record : Names of children attending school, age, grade
(setting this information opposite each name) : ---------- , ---------- . Religion : ---------- .
D enom ination:---------- . A tten d a n t:---------- . Name of pastor : ----------------------. Address:
---------- . Do children go to any church services? ---------- . Name of Sunday-school
teacher : ---------- . Address : ---------- . Physical condition of each of the children, setting
out if any of the children are abnormal in any way : ---------- . Literacy of the applicant :
---------- . Left school at what age: — —— . Why did you leave? ---------- . Can the
applicant read and write? ---------- , Has the applicant any physical defects? ---------- .
Do you belong to any society benefit or otherwise? — :------. Does the applicant use any
intoxicating liquors ? ---------- Does the applicant use tobacco in any form ? ---------- . Has
the applicant ever been in jail or prison ? ---------- Date : ---------- , 191—
---------------------- , Investigator.
RECORD OF CASE.
Name.
Age.
...........
No. of rooms....... Wages earned by mother.....................................
...........
No. of rooms.......
Allowance granted..............................................
Total..........................................................
Allowance set aside and cause,
Children’s first name.
Date of
birth.
Age.
Occupation or
school grade.
Remarks:------- .
Where employed or school
attended.
Date,
CITY OF ST. LOUIS,
In St. Louis a municipal commission to study the question of the care of
delinquent, dependent, and defective children, which made its report in 1911,
recommended that every dependent child, not in need of hospital treatment,
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MOTHERS' PENSIONS IN UNITED STATES— MISSOURI.
be cared for in a family home, and that so far as possible the child should be
kept with its own family or relatives. The commission recommended the
appointment for St. Louis of a board o f children’s guardians. To permit this
a special act was passed by the Missouri Legislature April 3, 1911, empowering
cities of 500,000 inhabitants or more to create, by ordinance, a board o f chil
dren’s guardians, and authorizing such board to receive delinquent, dependent,
and defective children and to place them in public institutions or with families,
and permitting such city to provide for the payment o f the care of any such
child in any public institution or with any family. (Laws 1911, p. 349.)
The ordinance passed by St. Louis under the authority of this act is as
follows :
[Revised Code of St. Louis, 1912.
Appendix, p. 1135—1138.
Ordinance 26565 ]
An Ordinance Creating the board of children’s guardians, defining the number
of its members, their terms of office, their qualifications, duties and powers,
authorizing said board to manage the St. Louis Industrial School, and au
thorizing said board to receive delinquent, dependent and defective children,
and to place them in public institutions or with families, providing for the
payment for the care o f any such child, and making an appropriation there
for, and repealing section fifteen hundred and ten of the Revised Code of
St. Louis (now sec. 15,, Revised Code, 1912).
Be it ordained 6y the municipal assembly of the city of St. Louis, as follows:
S ection 1. Establishment of the board o f children's guardians.—There is hereby
created a board o f children’s guardians o f the city of St. Louis, to consist of
seven members, who shall be appointed by the mayor, with the approval o f the
council, for a term of four years, and until their successors have been appointed
and qualified ; if any member should absent himself from five consecutive meet
ings of the board without giving an excuse satisfactory to the board and
entered upon the record of the board, his office shall become vacant. Members
of the board shall serve without compensation : Provided, however, That neces
sary expenses incurred in the discharge of their duties shall be refunded to
them.
S ec . 2. Organization of the board.—Within thirty days after the passage of
this ordinance, the mayor shall appoint two members to said board for a term
of one year each, two members for a term o f two years each, two members for
a term of three years each, and one member for a term of four years, and
thereafter, as these terms expire, the mayor, shall appoint members for a term of
four years. The board shall choose from among its members, a chairman and
vice chairman and a secretary thereof, whose duty it shall be to keep a record
of all proceedings of said board. The board shall have an office in the city
hall or in such other municipal building, as may be designated by the mayor.
The board shall meet on the second and fourth Tuesdays of each month, pro
vided that if any meeting day should be a legal holiday, the board may select
some other day for its meeting.
S ec . 3. Appointment of agent and visitors.—The board shall appoint an agent
who may not be o f their own number. Such agent shall receive a salary, pay
able out of the city treasury in monthly installments at the rate of twenty-one
hundred dollars for the first year of service, with an increase of one hundred
dollars per annum, for each year’s additional service of the incumbent until
a maximum of twenty-four hundred dollars shall be reached, when the maxi
mum so attained shall be the rate thereafter. The board may appoint as many
visitors as it may find necessary, not exceeding four in number, at a salary
payable monthly at the rate o f nine hundred dollars for the first year of
service, with an increase o f one hundred dollars per annum for each year’s
additional service of the incumbent until a maximum of twelve hundred dollars
shall be reached, when the maximum so attained shall be the rate thereafter.
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The board may also appoint a stenographer at a salary, payable monthly, at the
rate of seven hundred dollars per annum, with an increase o f one hundred dol
lars per annum for each year’s additional service of the incumbent until a max
imum of nine hundred dollars is attained, which shall be the rate thereafter.
Actual disbursements for necessary expenses of employees in the performance
of their duties such as transportation shall be allowed. The agent, visitors,
and any other employees shall serve at the pleasure of the board. The appoint
ment of the agent and visitors shall be made on merit only, after a public
competitive examination conducted by the board or a committee thereof, under
rules made a matter of public record of the board. All examinations shall be
in writing. Successful applicants shall be required to answer such questions
orally as requested by board.
S ec. 4. Duties of agent and visitors.— It shall be the duty of the agent to
investigate all cases presented to the board, to be present when necessary in
court as the board’s agent, and to conduct the correspondence and general ad
ministrative work of the board, except in matters pertaining to the adminis
tration of the industrial school. The agent shall have charge o f the placing
and supervision of children under the direction of the board, it being the duty
of the visitors herein provided for to visit and supervise such children under
the direction o f the agent. The duties of the agent and visitors may be
further designated by the board.
S ec . 8.1 Board given authority to take charge of children.— Said board of
children’s guardians shall have the power and authority to receive and take
charge of any child upon commitment to it by any court o f competent jurisdic
tion in the city of St. Louis, and upon application o f its legal custodian to
receive and take charge of any dependent or defective child for such care and
treatment as such board may determine: Provided, however, That the board
shall not take charge or consider any application for the care of a child who
has not been a resident o f the city for at least one year prior to the application,
or, if a child under one year o f age whose parents or guardian have not been
residents o f the city for at least one year prior to the making of the application,
excepting foundlings and abandoned children whose parents or guardians are
unknown.
S ec. 9. Board's authority in caring for children.-—Said board o f children’s
guardians shall have the power and authority to place any child in its charge
for temporary custody in the house of detention; to place delinquent and defec
tive children in any public institution within the State of Missouri for the care
o f delinquent and defective children, and to place dependent children in the
St. Louis Industrial School, but only in case no suitable family homes can be
found for them, and only until such homes can be found. Said board shall have
the power and authority to place any child in its charge or under its control
with any family qualified and able in the opinion of the board to provide for
the comfort and wants o f such child, and to care for its moral and physical
w elfare: Provided, That no child shall be placed with any family when the head
thereof is of different religious affiliation from that o f the child’s parents or
guardian, if such affiliation can be ascertained: And provided further, That no
payment shall be made for the board of any child with such child’s own father
or mother, excepting with its own mother, when such mother is widowed, and
then only after the board, through an investigation by its agents and at least
one other independent investigation, has agreed that such board should be
allowed: And provided further, That the board of children’s guardians shall not
place for board any child who has arrived at the legal working age (fourteen),
1 Sections 5 to 7 relate to the administration of the industrial school.
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unless such child is mentally or physically incapacitated for gainful employ
ment. The board shall, so far as practicable, plaee children within the city
of St. Louis, and when not practicable the children may be placed in the State
within a radius of fifty .miles of St. Louis.
S ec . 10. Payment of board for children.— For each child so placed by said
board in any public institution within the State of Missouri, the city of St.
Louis shall pay whatever sum may be fixed by statute or whatever sum may be
agreed upon by said board not in excess of the suni fixed by statute. For the
board and maintenance of every child placed with a family, the city shall pay
whatever sum is agreed upon by said board of children’s guardians, not in
excess, however, of the sum of three dollars and fifty cents per w eek: Provided,
however, That with the consent of the comptroller first had and obtained as
evidenced by his certificate in each and every case, the said board may author
ize and the city shall pay a greater amount, as fixed by the comptroller’s
certificate. In addition to said amount thus fixed, the city, upon the action of
said board, may pay for clothing and for medical treatment not exceeding the
sum of twenty-five dollars per year per child: Provided, however, That a greater
sum may be authorized by said board and shall be paid by the city, upon the
certificate of the comptroller having been first had and obtained in each and
every case. All expenditures authorized by the board shall be certified by the
board’s agent and chairman, v
S ec . 11. Reports.— Said board shall render a quarterly report, on the fifteenth
day of February, May, August, and November of each year to the municipal
assembly, and a monthly report to the mayor, showing the number of children
in its charge and under its control, the manner in which each child came into
said board’s control, its age, sex, and color, the disposition o f each case, the
number of those finally discharged from the board’s control, the amount of
expenditures on account of the work of said board, and any and all information
that the board may be able to furnish. The board shall make to the comptroller
such fiscal reports as he may require.
Approved July 8, 1912.
The work of taking care of children dependent upon the public for support
and boarding them with their mothers was not begun until December 9, 1913.
Thirty children in nine families were being so cared for during February, 1914.
The amount given has varied with the family, the family budget being ’ascertained and the deficit made up. (Letter from A. Fairbank, agent o f the board
Feb. 23, 1914.)
’
NEBRASKA.
[Revised Statutes 1913, Article VII, 1245-1250.]
1245. S ec . 118. Jurisdiction.—The district courts o f the several counties in
this State and the judges thereof in vacation, shall have original jurisdiction
in all cases coming within the terms o f this article; the county court in each
county shall have concurrent jurisdiction with the district court, but such
jurisdiction shall not be exercised by the county court except in the absence
o f the judge or judges o f the district court from the county. * * * [Laws
1905, p. 306; Ann., 5450; Comp., 2796b.]
1246. S ec . 119. Juvenile court.— In counties having over forty thousand popu
lation, the judges of the district court shall, at such times as they shall deter
mine, designate one or more of their number, whose duty it shall be to hear
all cases coming under this article. A special court room, to be designated as the
juvenile court room, shall be provided for the hearing of such cases, and the
finding o f the court shall be entered in a book or books to be kept for that
purpose, and known as the “ juvenile record,” and the court may for con-
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47 .
venience be called the “ juvenile cou rt” [Laws 1905, p .,3 0 7 ; Ann: 5451;
Comp., 2796c.]
1247. Sec. 120. Petition.—Any reputable person being a resident in the county,
having knowledge o f a child in his county who appears to be either neglected,
dependent, or delinquent, may file with the clerk of court having jurisdiction
in the matter, a petition in writing, setting forth the facts verified by affidavit.
It shall be sufficient that the affidavit is upon information and belief. [Laws
1905, p. 307; Ann., 5452; Comp., 2796d.]
1248. Sec. 121. Summons.—Upon the filing of the petition, a summons shall
issue requiring the person having custody or control o f the child, or with whom
the child may be, to appear with the child at a place and time stated in the
summons, which time shall not be less than twenty-four hours after service.
* * * on the return o f the summons or other process, or as soon thereafter
as may be, the court shall proceed to hear and dispose of the case in a summary
manner. * * * [Laws 1905, p. 307; Ann., 5453; Comp., 2796e.]
1249. Sec. 122. Probation officers.— The judge of the district court having
charge of the juvenile docket shall have authority to appoint or designate two
or more persons of good character, one of whom shall be a woman, to serve
as probation officers during the pleasure, of the court. Such officers shall
perform the duties prescribed in this article for probation officers and such
other duties as may be required by the judge of the juvenile court, * * *.
In case a probation officer shall be appointed by any court, it shall be the duty
of the clerk of the court, if practicable, to notify the said probation officer
in advance, when any child is to be brought before the said court. It shall be
the duty of the said probation officer to make such investigation as may be
required by the court; to be present in court to represent the interests o f the
child when the case is heard; to furnish to the court such information and
assistance as the judge may require. * * * [Laws 1905, p. 308; 1907, p. 186 ;
Ann, 5454; Comp., 2796f.]
1250. Sec. 123. Dependent children— Custody—Aid to parents.*— When any
child under the age of eighteen years shall be found to be delinquent,, de
pendent or neglected within the meaning o f this article, the court may make
an order committing the child to the care o f some suitable institution or to
the care of some reputable citizen of good moral character, or to the care of
some association willing to receive it, embracing in its objects the purpose ot
caring for or obtaining homes for dependent or neglected children, which
association shall have been accredited as hereinafter provided, or, if under the
age of sixteen years, or if he pleads guilty to or is convicted o f any crime, to
the care of the State industrial school. The court may, when the health or
condition of the child shall require it, cause the child to be placed in a public,
hospital or institution for treatment or special care, or in an accredited and
suitable private hospital or institution which will receive it for like purposes.
If the parent or parents o f such dependent or neglected child are poor and
unable to properly care for the said child, but are otherwise proper guardians
and it is for the welfare of such child to remain at home, the court may enter
an order finding such facts and fixing the amount o f money necessary to enable
the parent or parents to properly care for such child, and thereupon it shall
be the duty of the county board, through its county agent or otherwise, to
pay to such parent or parents, at such times as said order may designate the
amount so specified for the care of such dependent or neglected child until the
further order of the court: Provided, Not more than ten dollars per month
shall be allowed for the care o f each child: And provided further, No such
The amendment providing aid to parents was approved April 5, 1913 (Laws 1913,
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M OTHERS
P E N SIO N S I N
U N IT E D STATES— N E VAD A.
order shall be effective for more than six months, unless renewed by the court
at or after the expiration o f that period. All payments are to be made from
the general fund of the county. [Laws 1905, p. 309 ; 1907, p. 187 ; 1911, p. 207 ;
1913, p. 133; Ann., 5455; Comp., 2796g.]
NEVADA.
[Laws 1913, chapter 133.]
An Act To amend an act entitled “An act relating to children who are now, or
who may hereafter become dependent, neglected, or delinquent; to define
these terms, and to provide for the treatment, control, maintenance, protec
tion, adoption, and guardianship o f the person of such child or children,”
approved March 24, 1909, said act as amended to provide a pension for
dependent or neglected children.
The people of the State of Nevada, represented in senate and assembly, do
enact as follows: S ection 1. Section twelve of the said act is hereby amended
to read as follows :
739. S ection 12. Guardianship, how perfected.—Any child found to be de
pendent or neglected or delinquent as defined in this act and awarded by
the court to a guardian institution or association, shall be held by such guardian
institution or association, as the case may be, by virtue of the order entered
in such case, and the clerk of the court shall issue and cause to be delivered
to such guardian or association a certified copy o f •such order of the court,
which certified copy o f such order shall be proof of such guardian institution
or association in behalf o f such child. The guardianship under this act shall
continue until the court shall by further order otherwise direct, but not after
such child shall have reached the age of twenty-one (21) years, but if the
parent or parents or grandparent or grandparents o f such dependent or neglected
child are poor and can not properly care for, maintain and properly educate
such child, but are otherwise proper guardians and a person or persons of
good reputation and morals, and shall covenant and agree that such child shall
attend school regularly during all school days, when such child is of school
age, or until said child shall have completed the eighth grade of the public
grammar school, or school of like grades o f studies, or have graduated in book
keeping and commercial course, the court may enter an order finding such facts,
and fixing the amount o f money necessary to enable the parent or parents or
grandparent or grandparents to properly care for and educate such child, pro
viding such amount shall not exceed the amount it would cost the county to
have such child maintained and educated at any county or State home, or place
provided for dependent or neglected children, in the State of Nevada, and
thereupon it shall be the duty o f the county board through its county agent,
or otherwise, to pay to such parent or parents, or grandparent or grandparents,
or blood aunt or blood uncle, the -amount specified at such times as said order
may designate for the care o f such neglected or dependent child, until the
further order of the court, and the court shall cease to sanction thè payment
of the specified amount whenever it shall appear that such child is not receiv
ing the benefit it should from the payment of said specified amount of money.
S ec. 2. Any person or persons who shall violate any of the provisions of the
said act as amended shall upon conviction thereof, be fined in any sum of
money not less than one hundred dollars ($100) nor more than five hundred
dollars ($500), or not less than sixty (60) days nor more than two hundred
days (200) in the county jail, or by both such fine and imprisonment.
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49
Sec. 3. All laws or parts of laws in conflict with this act as amended are
hereby repealed. Any person or persons violating the provisions o f this act as
amended shall, upon conviction thereof, be fined in any sum of money not less
than one hundred dollars ($100) nor more than five hundred dollars ($500),
or not less than sixty (60) days, nor more than two hundred days (200) in the
county jail, or by both such fine and imprisonment.
This act shall become effective on the first day o f the commencement o f the
ensuing term of public school after its enactment and approval.
Approved March 20, 1913.
The provisions of the act of March 24, 1909, which relate to the courts
having jurisdiction and the method by which cases of dependent children are
brought into court are as follow s:
[Revised Laws 1912.]
729. Sec. 2. Jurisdiction.—The district courts o f the several judicial districts
in this State shall have original jurisdiction in all cases coming within the terms
of this act. * * *
730. Sec. 3. The findings of the court shall be entered in a book or books
to be kept for that purpose and known as the “ juvenile department,” and the
court may for convenience be called the “ juvenile department o f the district
court.” .
731. Sec. 4. Petition.—Any reputable person, being a resident o f the county,
may file with the clerk o f the court having jurisdiction of the matter» a petition
in writing setting forth that a certain child, naming it, within his county, is
either dependent, neglected or delinquent as defined in section 1 hereof; * * *
The petition shall also set forth either the name, or that the name is unknown
to petitioner (a ) of the person having the custody of such child; and (b) of
each of the parents or the surviving parent of a legitimate child; or of the
mother of an illegitimate child; or (c) if it allege that both such parents are
or such mother is dead, then of the guardian, if any, of such child; or (d) if it
allege that both such parents are or that such mother is dead and that no
guardian of such child is known to the petitioner. All persons so named in
such petition shall be made defendants by name and shall be notified o f such
proceedings by summons if residents of this State in the same manner as is
now or may hereafter be required in court proceedings by the laws of this
State except only as herein otherwise provided. * * * The petition shall be
verified by affidavit, which affidavit shall be sufficient upon information and
belief. * * *
732. Sec. 5. Summons.—The summons shall require the person alleged to have
the custody of the child to appear with the child at the time and place stated
in the summons; and shall also require all defendants to be and appear and
answer the petition on the return day of the summons. The summons shall be
made returnable at any time within twenty days after the date thereof and may
be served by the sheriff, or by any duly appointed probation officer, even though
such officer be the petitioner. * * *
733. Sec. 6. Probation officers.— The district courts in this State shall have
authority to appoint any number of discreet persons of good moral character to
serve as probation officers during the pleasure of the court * *
- It shall
be the duty of the clerk of the court, if practicable, to notify the said probation'
officer when any child is to be brought before the court; it shall be the duty
of such probation officer to make investigation o f such case; to be present in
the court to represent the interests of the child when the case is heard; to fur
nish such court such information and assistance as the court or judge may
fequire * * *.
38076°—14----- 4
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M OTHERS
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U N IT E D STATES— N E W
H A M P S H IR E .
N EW HAMPSHIRE.
[Laws 1913, chap. 123.]
An Act Making provision for the relief of destitute mothers and their children.
Be it enacted by the senate and house of representatives in general court
convened: S ection 1. County to make appropriations.— It shall be the duty of
the county commissioners of each county to provide out of the moneys in the
county treasury not otherwise appropriated an amount sufficient to meet the
purposes of this law for the partial support of women, when such women are
of good repute but poor and dependent on their own efforts for support and
are mothers of children under the age of sixteen years.
Sec. 2. Amount of allowance.—The allowance to each of such women shall
not exceed ten dollars ($10.) a month when she has but one child under the age
of sixteen years, and if she has more than one child under the age of sixteen
years, it shall not exceed the sum of ten dollars ($10) a month for the first child
and five dollars ($5) a month for each of the other children under the age of
sixteen years.
S ec . 3. Conditions of allowance.— Such allowance shall be made by the county
commissioners upon the recommendation of the school board for the district
in which such mother resides and only upon the following conditions: (1) The
child or children for whose benefit the allowance is made must be1living with
the mother of such child or children; (2) the allowance shall be made oniy
when in the absence of such allowance the mother would be required to work
regularly away from her home and children, and when by means of such allow
ance she will be able to remain at home with her children; (3) the mother
must, in the judgment of the school board, be a proper person, morally, physi
cally and mentally, for the bringing up of her children; (4) such allowance
shall in the judgment of the school board be necessary to save the child or
children from neglect; (5) no person shall receive the benefit o f this act who
shall not have been a resident of the county in which such application is made
for at least two years next before the making o f such application for such
allowance.
S ec . 4. When allowance shall cease.—Whenever any child shall reach the
age of sixteen years an allowance made to the mother o f such child shall cease.
The school board for the district in which the mother resides may recommend
at any time before such child reaches the age of sixteen years that the allow
ance to any mother and for any child be discontinued or modified and the
county commissioners, in their discretion, may thereupon discontinue or modify
the same.
Sec. 5. To whom law does not apply—The provisions of this law shall not
apply to any woman who is not dependent on her own efforts for the suppprt
o f herself and family and at the time of receiving such aid is not of good
repute and making an earnest effort for self support.
Approved May 7, 1913.
NEW JERSEY.
[Laws 1913, chap. 281.]
An Act To promote home life for dependent children.
Be it enacted by the senate and general assembly of the State of ~New Jer
sey: 1. Widow may petition court.—Any widow who is the mother of a child
or children under the age of sixteen, and who is unable to support them and to
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51
maintain her home, may present a petition for assistance to the court o f com
mon pleas of the county wherein she resides.
2. What petition must contain.— Such petition shall be verified and «hail set
forth the following:
(a) Her name, the date of the death of her husband, the names o f her
children, and the dates and places o f their birth and the time and place of
her marriage.
(b) Her residence and the length of time that she has been a resident of
the State, the length of time she has lived at said residence and the address or
addresses o f her place or places o f abode for the previous five years, and the
date, as near as possible, when she moved in and when she left said place or
places of residence.
(c) A statement of all the property belonging to her and to each o f her
children, which statement shall include any future or contingent interests
which she or any of them may have.
(d ) A statement of the efforts made by her to support her children.
(e) The names, relationships and addresses o f all her and her husband’s
relatives, that may be known.
3. Officials to be notified.—A copy o f the petition provided for in section
two hereof and a notice of the time and place when it will be presented to
the court must be served on or mailed to the overseer o f the poor having
jurisdiction over the district wherein the petitioner resides and the board o f
children’s guardians at least five days before such time.
4. Investigation and hearing.—Upon the return of the petition and notice
the court shall examine under oath all who desire to be heard: Provided,
however, That the New Jersey State Board o f Children’s Guardians shall be
fore said hearing examine into the truth of the facts set forth in the abovementioned petition and shall file a report o f its findings with the court, set
ting forth in full the results of its investigation. The court may, in its dis
cretion, issue subpoenas for the attendance of witnesses and adjourn the hear
ing from day to day: And provided, however, The court may refer said mat
ter to a commissioner to be appointed by the court to hear such witnesses as
shall be produced by the petitioner, or the State board of children’s guardians
or others. Said commissioner shall make a report to the court setting forth
the facts as.proven before him.
5. Amount of allowance.— If, upon the completion o f the examination provided
for under section four hereof, the court concludes that, unless relief is granted,
the mother will be unable to properly support and educate her children, and
that they may become a public charge, it shall make an order committing said
family to the care of the State board o f children’s guardians, and directing that
there shall be paid to the mother, through the State board o f children’s
guardians, monthly out of the county funds the following amounts for the
maintenance and support o f the children under sixteen: Nine dollars for one
such child, fourteen dollars for two and four dollars for each additional child.
6. Duty of State board of children's guardians.— It shall be the duty o f the
State board of children’s guardians to see that any widow committed to its
care, pursuant to the provisions o f this act is properly caring for her children,
that they are sufficiently clothed-and fed, that they attend school regularly
and receive proper religious instruction; and that said family shall be visited
at least six times a year. The State board of children’s guardians shall report
immediately to the court that had the original jurisdiction in the case of
any widow who does not properly care for and educate her child or children,
or when they find that she is an improper guardian for said child or children,
or when they find that she no longer needs such support. The court shall
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MOTHERS* PENSIONS IN UNITED STATES— NEW JE R SEY .
thereupon revoke or cancel any order made pursuant to this act, at any time
with or without notice, and in lieu thereof make any order that in the judg
ment of the court may protect the welfare o f the child or children, or may
make an order committing said child or children to the care, custody and
control of the New Jersey State board of children’s guardians, said child or
children so committed to their care to be held by said New Jersey State board
of children’s guardians pursuant to a statute entitled “An act for the creation
o f a State board of children’s guardians, and for defining their duties and
powers with respect to the maintenance, care and general supervision over
indigent, helpless, dependent, abandoned, friendless and poor children now
or hereafter to become public charges of this State,” approved March twentyfourth, one thousand eight hundred and ninety-nine, and the various supple
ments and amendments thereto.
7.
No fees allowed.— No fees or costs shall be paid or allowed by the court
for any proceedings held pursuant to this act, nor shall any counsel fee be
ordered or collected from any party applying to the court pursuant to the pro
visions of this act. All proceedings pursuant to this act shall be in forma
pauperis.
Approved April 9, 1913.
F orm s A dopted
by
S tate B oard
of
C h il d r en ’ s G u a r d ia n s .
LETTER INCLOSED W IT H APPLICATION BLANKS.
N ew ' J
ersey
S tate B oard
of
C h il d r en ’ s G u a r d ia n s ,
Jersey City, N. J .,--------- ■, 19—•
D ear M ad am : Your letter asking for information in regard to the mothers’
pension bill has been received at this office. Under the law your petition must
be made direct to the court o f common pleas, which is held for your county
Under the law, it will be necessary for you to fill out the three inclosed
blanks, answering fully every question thereon; otherwise you may cause
serious delay in having your petition acted upon by the court. After you have
answered these questions fully, and had the blanks sworn to before a person
authorized to take affidavits, you must then file a copy with your county judge,
also a copy with your local poormaster, and one with us.
I am also inclosing you a copy of the law, which will show you that in order
to be eligible to receive this pension, 1st, you must be a w idow ; 2d, you must
be a mother of children under sixteen years of age; 3d, you must have a legal
residence in the county wherein you reside. A legal settlement under the poor
law is five years’ residence in the municipality. 4th, you must have no visible
means of support and be liable to become a public charge.
_
If you have not resided in the county where you are living at this tune for
five years continuous, you will have to present your petition to the judge in the
county where you have lived five years.
If you do not understand about this, I will be glad to have you write me, and
I will advise you further in regard to this matter.
Yours, truly,
„
, .
.
------------------- -, General Agent.
NOTICE AND PETITION.
as oui.f the county —
— . In the matter of the petition of
Court of common pleas
of
for relief under chapter 281 of the laws of 1913. Notice.
and to the State hoard
in the county of
To the overseer of the poor of the
of children’s guardians of the State of New Jersey.
. . ■ t .
moVa notice that on t h e -------day o f ----------- one thousand nine hundred end
» at ten
o’clock in the forenoon at the courthouse in —----- , I shall present to the court of
common pleas of the county of |---------- a petition, a true copy of which is hereunto
annexed.
_________ _____
Yours, respectfully,
D a ted ---------- .
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PENSION'S IN UNITED STATES— NEW JERSEY.
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To the court of common pleas of the county o f ---------- :
The humble petition of ---------- --------- widow o f -------------- ------------ , in the county of
---------- , in the State of New Jersey, respectfully shows the name of your petitioner
i s ---------- .
The husband o f your petitioner died on the ------- day o f ---------- , one thousand nine
hundred and ---------- .
The names of the children of your petitioner and the dates and places of their births
are as follow s: ---------- , ---------- , ---------- , ----------. ‘
Your petitioner was married to her husband on the ------- day o f ---------- , one thousand
nine hundred and — , a t ---------- .
Your petitioner resides a t ---------- , and has been a resident of the State of New Jersey
for ---------- years. Following are the various places of abode for the last five years,
with the dates, as nearly as your petitioner can recollect the same, when she moved
in and when she left said respective places of residence: ---------- , ------- ■
—, --------- .
Neither your petitioner or any of the children above named have any property or
interests in property of any kind, future, or contingent, except as follow s: ---------- .
Following is a statement of all property belonging to your petitioner or to either of
the children above named, further or contingent: ---------- .
Following is a statement of the efforts made by your petitioner to support herself and
her children : ---------- .
• Following are the names, relationships, and addresses of all the relatives of herself and
her deceased husband, so far as they are known to your petitioner: ---------- .
Your petitioner further states that unless relief is granted, your petitioner will he
unable to properly support and educate her children and that they may become a public
charge.
Your petitioner therefore prays that this honorable court shall make an order com
mitting your petitioner and the children above named to the care of the State hoard of
children’ s guardians, and directing payment to your petitioner through said board
monthly, out of the county funds, of the sums of money specified in the act entitled “ An
act to promote home life for dependent children,” approved April 9, 1913, being chapter
281 o f the Laws of 1913.
And your petitioner as in duty bound will ever pray, etc.
■
■
, Petitioner.
Dated a t ---------- .
State of New Jersey, county o f ---------- , ss:
---------------------- , o f full age, being duly sworn according to law, on her oath deposes and
says that she is the petitioner above named; that the facts, matters, and things in said
petition set forth are true.
Sworn to and subscribed before me t h is -------day o f ------------, A. D. 19— , a t ---------- •.
LETTER TO CHARITY ORGANIZATION AND POOR MASTERS.
of
D e a r S ir : W e h a ve receiv ed a n o tice th a t M rs.
— , has pre
sented a petition to the court of common pleas of the county o f ---------- , for relief under
chapter 281, Laws o f 1913.
The law requires us to make an investigation and verify the statements made in this
petition. Will you kindly cooperate with us in this case by answering the questions
asked on blank attached below and return to this office?
Thanking you, I am, yours, truly,
---------------------- , General Agent.
1. Do you know M r s .-----------------------, of ---------- ? ---------- . 2. How long have you
known her? ---------- . 3. Has she ever been given assistance by your organisation? If so,
how much, in what way, and when? ---------- . 4. During the time you have known her,
has she properly cared for, first, her hom e,---------- ; second, her children,----------- . 5. What
means of support other than what she received from you has she had during the time
she has been under your supervision? --------- . 6. Have you had any report about the
children being abnormal or incorrigible?
'
7. Is the mother of good moral
character ? ---------S ign ed---------------------- .
Title ---------- .
Name of Association — —.
LETTER TO COUNTY COUNSEL.
D ear S ir : You are hereby notified that a petition for relief under chapter 281, Laws
o f 1913, has been presented to the court of common pleas b y ---------- .
While the law does not provide for notice to the board of freeholders, yet, in view
o f the fact that such sums as may be allowed are payable out of the county treasury, we
deem it proper that you should have such notice in order that the county may be
represented at the hearing.
The hearing will be h e ld ---------- a t ----------- b efore ----------- .
We will be very glad o f your cooperation and will furnish you with a copy of the
report of our-investigation on this case, if you so desire.,
Yours, truly,
■
, General Agent.
REPORT OF STATE BOARD.
Court of common pleas of the county of --------- . In the matter of the petition o f ------------------- for relief under chapter 281 of the Laws of 1913. Report of State board.
The State board of children’s guardians hereby reports to the court its findings as
the result of its investigation into the petition filed in the above-entitled matter.
The facts stated in the said petition as to the name of the petitioner, date of death
o f her husband, names and ages of her children and their places of birth, time and place
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MOTHERS* PENSIONS IN UNITED STATES— NEW JERSEY,
of her marriage, her residences and places of abode, and of the property interests belong
ing to her and her children are true, except t h a t ---------- .
This board has found the efforts of the petitioner to support her children have been as
follow s: ---------- .
This board reports that as the result of its investigation it finds that the said peti
tioner is ------- able to support her said children, and they are ------- likely to become
public charges.
Respectfully submitted t h is ------- day o f ---------- , one thousand nine hundred and -------.
T h e State B oard of Ch ildren ' s G uardians ,
B y ------------- -----— , General Agent.
Name of petitioner, ---------- ---------- . Place of birth, ---------- . Nationality, ---------- .
Residence, ---------- . Character of residence, ---------- . How long a resident there, ---------- .
Previous residence, ---------- . How long, ---------- . Previous residence, ---------- . How long,
---------- . (Procure previous residence and length of each, for five years. Inquire of
landlords or agents.)
Name of husband -----*---- ---------- . Date of marriage, ---------- . Place of marriage,
---------- . By whom m arried,---------------------- . Date of death of husband, ---------- . Where
husband is buried, ---------- .
Children : N am e,---------------------- . Date of birth, ---------- . Place- of birth, ---------- . If
baptized, where? ---------- .
Church attended by petitioner,---------- . Name of pa stor,---------------------- .
Husband’s relatives : Name, ---------- . Relationship, ---------- . Address, —------- . Cir
cumstances, :---------Petitioner’s relatives : Name, ---------- ■. Relationship, ----------. Address, ---------- r- Cir
cumstances, ---------- .
Real estate owned by petitioner, ---------- . Real estate owned by children, ---------- .
Personal property owned by petitioner, money in bank, building and loan shares, etc.,
---------- . Personal property owned by children, money in bank, building and loan shares,
etc., ---------- . Remarks, —:— —.
LETTER TO PETITIONEE W H EN PETITION IS BEADY FOB COTJBT HEABING.
D ear M adam : Your petition for relief under chapter 281, Laws of 1913, known as
the widow’s pension law, will be heard by Judge ---------- at courthouse, in ----------, on
------------, a t -------- o ’clock .
Please be at the courthouse at that time and bring with you the follow ing: Marriage
certificate; husband’s death certificate; birth certificates of all children under 16 years
of age. You can obtain these, without any expense, by mailing the inclosed blanks after
you have filled them out to the bureau of vital statistics, statehouse, Trenton, N. J.
Also bring bill o f your husband’s funeral expenses.
If you are under the care of a physician, get a certificate from the physician stating
what he is treating you for and how long he has been treating you.
Also get certified letters from the landlords where you have resided for the last five
years or bring your rent receipts covering the last five years.
Bring two witnesses not relatives who know you and can vouch for your statements
in your petition.
U n less y ou ca n p ro d u ce th ese certifica tes fo r th e d a te se t fo r th e h e a rin g o f y o u r
p e titio n , y o u r ca se w ill n o t be h ea rd o n th a t da y.
Yours, truly,
---------------------- , General Agent.
EEPOBT FBOM TEACHEB.
Date, —--------. Name of ch ild ,--------------------- -. Address, ---------- . Living w ith ,---------____ . Record of church attendance, ---------- . Record of Sunday school attendance,
------- . Remarks, ---------- .
Very truly, yours,
---------------------- , Pastor.
Name of church, ---------- •. Address,---------- .
SCHOOL CARD.
Grade.
Age.
Name of school.......
A.
Teacher................
Remarks
Sept.
Oct.
Nov.
Dec.
Jan.
Feb.
Mar.
Apr.
May
June
July
Aug.
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Health. Clothing.
Rea
De
No.
Schol- Times
son
Times
port arship.
ab absent. sions.
tardy.
ment.
sence.
55
MOTHERS* PENSIONS IN UNITED STATES— NEW YORK.
CHUBCH CABD.
Name of child......................................... ................
Name of church.
July.
Apr.
Jan.
Date.
Oct.
Name of pastor.
C.
s.
C.
s.
C.
s.
C.
s.
NEW YORK.
[Laws 1913, chap. ¿88.]
An Act To establish a commission to inquire into the subject o f pensions or
other relief for widowed mothers, and making an appropriation therefor.
The people of the State of New York, represented in senate and assembly,
do enact as follows: S e c t i o n 1. Duties of commission—Report.—Within thirty
days after this act takes effect there shall be appointed in the manner here
inafter provided a commission whose duty it shall be to make inquiry, exami
nation and investigation into the practicability and appropriate method of
providing by statute for pensions or other relief for widowed mothers, includ
ing such an investigation of the circumstances affecting such persons as may
show the necessity or propriety of providing for such pensions or relief, and for
the purposes of such investigation the commission may inquire into condition^
and statutes in any State or country. Such commission shall submit it^
report on such matters, including such recommendations for legislation in the*
form of a bill or bills, or otherwise, as in its judgment may seem proper, to
the legislature of nineteen hundred and fourteen.
Sec. 2. Membership.— Such commission shall consist of three senators to
be appointed by the temporary president o f the senate, five members o f the
assembly to be appointed by the speaker of the assembly, and seven other
persons, not members of the legislature, to be appointed by the governor. Such
commission shall elect from its number a chairman and may appoint a
secretary.
Sec. 3. Expenses.—The members o f such commission shall serve without
compensation, but each member shall be entitled to his actual necessary ex
penses incurred in the performance of his duties under the provisions of
this act.
Sec. 4. Powers.—For the purposes of its investigation such commission is
hereby authorized to send for persons and papers, to administer oaths and
to examine witnesses and papers respecting all matters pertaining to the sub
jects referred to in the first section of this act and to employ all necessary
clerical and other assistants, within the appropriation therefor. I f such
commission shall appoint from its members subcommittees to make inquiry
into one or more o f such subjects, such subcommittees shall have the same
powers in respect to sending for persons and papers, administering oaths and
examining witnesses and papers, as are herein conferred upon the commission.
Sec. 5. Appropriation.— The sum of fifteen thousand dollars ($15,000), or so
much thereof as may be necessary, is hereby appropriated out o f any moneys in
the State treasury not otherwise appropriated for the expenses of such com
mission and its members under the provisions of this act, to be paid by the
State treasurer upon the warrant o f the comptroller upon vouchers approved
by the chairman of such commission.
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S ec. 6. This act shall take effect immediately.
Approved May 17, 1913.
Members of the commission: Aaron J. Levy (chairm an); Frederick S.
Burr, E. Frank Brewster, Hannah B. Einstein, Anthony J. Griffin, William
Hard, John D. Lindsay, Sophie Irene Loeb, Martin G. McOue, Henry W. Pol
lock, James M. Rozan, William I. Sirovich, Thomas K. Smith, Ralph W.
Thomas, Ansley Wilcox. Secretary, Richard M. Neustadt. Director of inves
tigation, Robert W. Hebberd.
The commission made a preliminary report to the legislature March 20, 1914
(Senate No. 53), and submitted a .bill providing for* relief to children of widowed
mothers. The bill fixes “ allowances ” of not more than $20 a month for widowed
mothers with one child under 16 years o f age, $15 for a second child, and $10 for
each additional child to a monthly maximum of $60. The entire administration
of the pensions in each county is placed in the hands o f a county board of child
welfare of seven members, appointed by the county judge as follow s: The county
superintendent of the poor, ex officio member; one representative each of the
county education authorities, the public health authorities, and the juvenile or
county court; and three additional members, two at least of whom shall be
women. For New York City the board of child welfare is increased to nine
members, appointed by the mayor, with the commissioner o f public charities ex
officio member in place o f the county superintendent o f the poor. The entire
cost of the pensions is to be borne by the local authorities, whose action in
making appropriations is, however, optional. The bill recommended by the
commission passed the assembly, but did not come to a vote in the senate before
the regular session of the legislature came to an end on March 27, 1914.
OHIO.
[Laws 1913, p. 877—9.1 Part of Children’s Code.®]
S ec. 1683-2. Allowance to poor mothers.—For the partial support of women
whose husbands are dead, or become permanently disabled for work by reasons
of physical or mental infirmity, or whose husbands are prisoners or whose hus
bands have deserted, and such desertion has continued for a period o f three
years, when such women are poor, and are the mothers o f children not entitled
to receive an age and schooling certificate, and such mothers and children have
been legal residents in any county o f the State for two years, the juvenile
court may make an allowance to each of such women, as follows. Not to ex
ceed fifteen dollars a month, when she has but one child not entitled to an age
and schooling certificate, and if she has more than one child not entitled to an
age and schooling certificate, it shall not exceed fifteen dollars a month for
the first child and seven dollars a month for each of the other children not
entitled to an age and schooling certificate. The order making such allowance
shall not be effective for a longer period than six months, but upon the expira
tion of such period, said court may from time to time, extend such allowance
for a period of six months, or less. Such homes shall be visited from time to
time by a probation officer, agent of an associated charities organization, a
humane society, or such other agents as the court may direct, provided that the
1 See also General Code, 1910, section 7777, which provides for relief (books and cloth
ing) to be furnished out of the contingent funds of the school districts to poor children to
enable them to attend school. (Laws 1902, sec. 4022-9.) A similar provision was passed
in Indiana in 1913.
2The commission to codify and revise the laws of Ohio relative to children, which made
its report to the legislature in 1912, was not agreed as to the desirability of enacting a
“ widows’ pension ” law at that time. The bill drafted by the commission as the form
recommended should the legislature desire to pass such a law was that enacted in 1913.
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person who actually makes such visits shall be thoroughly trained in charitable
relief work, and the report or reports of such visiting agent shall be con
sidered by the court in making such order.
S ec. 1683-3. Conditions of allowance.— Such allowance may be made by the
juvenile court, only upon the following conditions: First—the child or children
for whose benefit the allowance is made, must be living with the mother o f
such child or children; second—the allowance shall be made only when in the
absence of such allowance, the mother would be required to work regularly
away from her home and children, and when by means of such allowance she
will be able to remain at home with her children, except that she may be
absent for work for such time as the court deems advisable; third—the mother
must, in the judgment o f the juvenile court, be a proper person, morally, physi
cally and mentally, for the bringing up o f her children; fourth— such allowance
shall in the judgment of the court be necessary to save the child or children
from neglect and to avoid the breaking up of. the home o f such woman; fifth—
it must appear to be for the benefit of the child to remain with such mother;
sixth—a careful preliminary examination o f the home o f such mother must first
have been made by the probation officer, an associated charities organization,
humane society, or such other competent person or agency as the court may
direct, and a written report of such examination filed.
S ec. 1683-4. When allowance shall cease.—Whenever any child shall reach
the age for legal employment, any allowance made to the mother of such child
for the benefit of such child shall cease. The juvenile court may, in its discre
tion, at any time before such child reaches such age, discontinue or modify
the allowance to any mother and for any child.
S ec . 1683-5. Partial relief.— Should the fund at the disposal o f the court for
this purpose be sufficient to permit an allowance to only part o f the persons
coming within the provisions of this act, the juvenile court shall select those
cases in most urgent need o f such allowance.
Sec . 1683-6. To whom law does not apply.— The provisions of this act shall
not apply to any woman who, while her husband is imprisoned receives suffi
cient of his wages to support the child or children.
S ec. 1683-7. Penalty for fraud.—Any person or persons fraudulently attempt
ing to obtain any allowance for a person not entitled thereto, shall be deemed
guilty of a misdemeanor and on conviction thereof, shall be punished by a fine
o f not less than five nor more than fifty dollars, or imprisoned in the county
jail, for a period of not less than two months, or both.
S ec . 1683-8. Motion to set aside allowance.— In each case where an allowance
is made to any woman under the provisions of this act, a record shall be kept
of the proceedings, and any citizen o f the county may, at any time, file a motion
to set aside, or vacate or modify such judgment and on such motion said juve
nile court shall hear evidence, and may make a new order sustaining the former
allowance, modify or vacate the same, and from such order, error may be
prosecuted, or an appeal may be taken as in civil actions. I f the judgment be
not appealed from, or error prosecuted, or if appealed or error prosecuted, and
the judgment o f the juvenile court be sustained or affirmed, the person filing
such motion shall pay all the costs incident to the hearing of such motion.
S ec . 1683-9.— County hoard to levy tax.— It is hereby made the duty of the
county commissioners to provide out o f the money in the county treasury such
sum each year thereafter as will meet the requirements of the court in these
proceedings. .To provide the same they shall levy a tax not to exceed one-tenth
o f a mill on the dollar valuation o f the taxable property o f the county. Such
levy shall be subject to all the limitations provided by law upon the aggregate
amount, rate, maximum rate and combined maximum rate o f taxation. The
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county auditor shall issue a warrant upon the county treasurer for the payment
of such allowance as may be ordered by the juvenile judge.
Passed April 28, 1913. Approved May 9, 1913. Filed in office of secretary of
state May 13, 1913.
OKLAHOMA.
[Laws 1907-08, p. 394-5, as amended by article 13, chapter 219, Laws 1913.]
S e c t i o n 4. “ Scholarships ” for wage-earning children o f widows.—I f any
widowed mother shall make affidavit to the effect that the wages o f her child
or children, under sixteen years of age are necessary to the support o f such
widowed mother, then the county superintendent o f public instruction shall
after careful examination, upon the recommendation o f the school district
board, or board of education, furnish such child or children a certificate called
a “ scholarship ” stating the amount o f wages such child or children are receiv
ing, or so much of such wages as shall be deemed necessary so long as such
child or children shall attend the public school in accordance with the provi
sions of this article, which aid shall be allowed and paid upon certificate o f
the county superintendent of public instruction to the child or children holding
such scholarship, by the county commissioners.
No reports available as to the aid being given widowed mothers with young
children by the counties under this provision. (Letter from B. A. Duke, as
sistant superintendent of public instruction, Dec. 24, 1913.)
OREGON.
[Laws 1913, chap. 42.]
An Act To provide for the assistance and support o f women whose husbands
are dead or are inmates o f some Oregon State institution or who are physi
cally or mentally unable to work and who have a child or children dependent
for support wholly or partly upon their labor.
Be it enacted 6 y the people of the State of Oregon: S e c t i o n 1. Allowance to
poor mothers.— Every woman, who has one or more children under the age of
sixteen years and whose husband is either dead or is an inmate of some Oregon
State institution, or by reason o f physical or mental disease is wholly unable to
work, and whose support and the support o f whose child or children is de
pendent wholly or partly upon her labor, shall be. entitled to the assistance
as provided for in this act for the support o f herself and of her child or
children.
Sec. 2. Amount of allowance.— Subject to subsequent provisions of this act,
every woman, as provided in section 1, who is herself, and all o f whose children
are wholly dependent upon her labor for support shall receive from the public
moneys of the county in which she and her child or children reside the sum of
ten dollars per month for one child, and if she have more than one residing
with her, seven dollars and fifty cents per month for each o f such additional
children.
Sec. 3. Subject to subsequent provisions of this act, every woman, as pro
vided by section 1, who is herself and all o f whose children are, partly depend
ent upon her labor for support shall receive from the public moneys of the
county in which she and her child or children shall reside, such a sum per month
as, added to her other income (other than that derived from her labor), shall
be equal to the amount which she would receive if she was subject to the pro
visions of section 2 of this act.
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Sec. 4. To whom law does not apply.—The provision of this act shall not
apply to any child which has property of its own sufficient for its support, nor
to any child which does not reside with its mother.
Sec. 5. Purpose of act.— It is the purpose and intention o f this act to keep
the children, to which it is applicable, together under the guidance and control
of their mother, and that the mother shall make a home for the children;
and if, in the judgment o f the tribunal which is to administer this law as
hereinafter provided, any mother o f such children is improvident, careless
or negligent in the expenditure of the money received pursuant to this act,
such tribunal may direct that such money shall be paid to some person, whom
it shall designate, to be used for the support o f such mother and children:
Sec. 6. Jurisdiction.—The juvenile court in each county or whatever tribunal
is charged by law with the discharge of the duties of such court, shall have
exclusive jurisdiction in carrying out and administering the provisions of
this act.
S ec. 7. Payment.—Whenever the tribunal, mentioned in section 6, shall de
termine that an allowance under this act shall be made, it shall make an order
to that effect which order, among other things, shall set out in full the name
of the mother, her place of residence, the names and ages o f each o f the
children, and the amount allowed to each child, and upon presentation of such
order, the county court shall direct monthly warrants to be drawn therefor.
Sec. 8. Court may compel attendance of uyitnesses.— For the purpose of carry
ing out the provisions of this act, the tribunal, mentioned in section 6, shall
have power to summon witnesses and compel their attendance and pay them
the same as witnesses in criminal cases are paid.
S ec. 9. When allowance shall cease.—Whenever any woman on whose account
any allowance shall have been made under the provisions of this act, shall
marry, such allowance shall cease. No allowance for any child shall continue
after such child shall have reached the age of sixteen years.
S ec. 10. Residential requirement.—This act shall apply only to women who
are residents of this State at the time this act is passed or who were residents
of the State at the time o f the occurrence of the events which entitle them to
the benefits of this act as provided by section 1.
Filed in the office of the secretary of state February 10, 1913.
P E N N S Y L V A N IA .
[Laws 1913, No. 80.]
An Act Applicable to all counties of this Commonwealth, to provide monthly
payments, as approved by the trustees, to indigent, widowed, or abandoned
mothers, for partial support of their children in their own homes. The
manner of appointment of the trustees; the administration of the trust;
amount of appropriations, proportioning appropriations, coordinate appro
priations; amounts to be paid, form of records, eligibility, penalties, and
reports, as set forth.
S ection 1. Trustees.—Be it enacted etc., That on and after the passage
of this bill, and its approval by the governor of the Commonwealth, the chief
executive shall appoint not less than five and not more than seven women,
residents of each county desiring to avail itself o f the provisions of this act,1
1 Out of the 67 counties in the State only 5 counties— Philadelphia, Allegheny, Luzerne,
Schuylkill and Beaver— had made application to the governor for the appointment of
trustees up to January 19, 1914. These comprise about 42 per cent of the total popula
tion of the State.
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to act as trustees, in whom shall be intrusted the carrying into effect the
provisions of this act, to provide monthly payment, as approved by the trustees,
to indigent, widowed, or abandoned mothers, for partial support of their
children in their own homes; such payment to be made direct to the recipient
by the State treasurer, upon warrants drawn by the auditor general, and
direct to the recipient by the county treasurer. Such payments to continue
at the will of the trustees, but not beyond the time that the law will permit
a child to secure employment.
S ec. 2. Administration.— The administration o f this act shall lie solely in
the hands of the trustees appointed annually by the governor. They shall
serve without pay; but shall be permitted to charge for traveling expenses,
in making investigations o f cases before a final recommendation is made
to the auditor general and county treasurer. The trustees shall provide a
headquarters and appoint an investigator, and a stenographer (if necessary)
also suitable furnishings, stationery, and postage; but at no time shall the
yearly expense be more than three thousand dollars for counties With cities of
the first class, twenty-four hundred dollars for counties with cities of the
second class, eighteen hundred dollars for counties with cities o f the third
class, and twelve hundred dollars for counties other than the aforesaid classes,
with the exception o f the first year, when the trustees shall be permitted to
expend an additional sum of not more than five hundred dollars, if necessary,
for furnishings. In order to carry the provisions of this act into effect an
appropriation of two hundred thousand dollars, from moneys not otherwise
appropriated, is hereby made; proportioned to the counties of the Common
wealth, according to their respective population in the census of one thousand
nine hundred and ten, by the auditor general and State treasurer; upon the
passage and approval of this bill, the State treasurer shall place the propor
tionate amount of the entire appropriation to the various counties, upon the
books of the State treasury, to the credit o f the trustees; one-half of which
amount shall be available the first year after approval, and the remainder
the second year, or until another appropriation may become available: Provided,
however, That no county, through their trustees or otherwise, shall receive
their allotment of. the State’s appropriation unless an equal amount has been
provided by the government o f such county desiring the benefits under this act.
Sec. 3. Conditions and amount of aid.—The trustees shall in no case recom
mend payment to any widow or abandoned mother until they are thoroughly
satisfied that the recipient is worthy in every way, and that, in order to keep
her children in her own home, a monthly payment is necessary; but then only
upon satisfactory reports from a teacher in the district school, stating that
the child or children of the recipient o f this fund are attending school, pro
vided they are of proper age and physically able to do so. The combined total
maximum payment shall not exceed twelve dollars per month for one child,
twenty dollars per month for two children, twenty-six dollars per month for
three children, and five dollars per month for each additional child. These
payments to continue at the will of the trustees, but not beyond the time that
the law will permit a child to secure employment.
Sec. 4. Records to be kept.—Four copies o f a complete record o f each family
that is in receipt o f any payment under the provisions o f this act— the number
of children, their full names, ages, and places o f residence— shall be provided:
one copy to be on file in the office o f the trustees, as a public record; one copy
to be kept as a record in the juvenile court, and in counties where no such
court exists, the records shall be kept on file in the orphans’ court; and one
copy to be forwarded with each application for a warrant to the auditor gen-
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eral, and one copy to the county treasurer. The copy to the auditor general
and the county treasurer shall be sworn to by the investigator, and approved
by at least a majority of the trustees.
Sec. 5. Residential requirement.— No family shall be a beneficiary under this
act unless the mother has been a continuous resident o f the county, in which
she is applying for the benefits under this act, for a period of three years.
Sec. 6. Penalty for fraud.—Any person securing an allowance not entitled
thereto shall be declared guilty of a misdemeanor, and shall be punished by a
fine o f not more than five hundred dollars, or imprisonment for not more than
one year, or both, as the court may decide.
Sec. 7. Report.—A detailed report of the number of beneficiaries, the amount
expended, the advantages and disadvantages of the system, improvements and
recommendations, shall be made by the trustees to the members o f the general
assembly, at the beginning o f the session of one thousand nine hundred and
fifteen.
Sec. 8, Repeal.—All laws or parts o f laws inconsistent with the provisions
of this act are hereby repealed.
Approved the 29th day of April, A. D. 1913.
SOUTH DAKOTA.
[Laws 1913, chap. 275.]
An Act Entitled, an act to provide for the partial support o f women whose hus
bands are dead, permanently disabled, or prisoners when such women are
poor and the mothers of children and empowering the county court to make
such allowance, prescribing the conditions under which such allowance shall
be made and the extent thereof, and authorizing, empowering and making
it the duty of the county commissioners to provide a fund for the carrying
out of the provisions o f this act, and for the revocation o f any order made
for such allowance and an appeal for such order, and providing a penalty
for attempting to obtain an allowance for a person not entitled to the same.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. Allowance to poor mothers.— For the partial support o f women
whose husbands are dead or become permanently disabled for work by reasons
of physical or mental infirmity, or whose husbands are prisoners, when such
women are poor and are the mothers o f children under the age of fourteen
years, and such mothers and children have a legal residence in any county of
this State, the county court is hereby authorized and empowered to and shall
make an allowance to each o f such women, upon petition and notice as herein
after set out, as follow s: Not to exceed fifteen dollars a month, when such
woman has but one child under the age of fourteen years, and if she has more
than one child under the age of fourteen years, it shall not exceed fifteen dollars
a month for the first child and seven dollars a month for each o f the other
children under the age of fourteen years. The order’ making such allowance
shall not be effective for a longer period than six months, but upon the expira
tion of such period said court may from time to time extend such allowance
for a period of six months or less, providing the court is satisfied that such
order o f extension is proper.
Sec. 2. Petition— Conditions of allowance.— Such allowance shall be made by
the county court upon a verified petition made by such poor woman or by some
member of the board of county commissioners! of said county or by any other
charitable organization or association within such county. Upon presentation
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o f such petition to the court the county court shall proceed to examine into
the effects and shall make such allowance only upon the following conditions:
1. The child or children for whose benefit the allowance is to be made must
be living with the mother of such child or children.
2. The allowance shall be made only when in the absence of such allowance
the mother would be required to work regularly away from her home and
children, and when by means o f such allowance she will be able to remain at
home with children, except that she may be absent not more than one day a
week for w ork ; or when it is deemed and found to be absolutely necessary for
the proper care and education o f said children;
3. The mother must in the judgment of the court be a proper person morally,
physically and mentally, for the bringing up o f her child;
4. Such allowance shall in the judgment of the court be necessary to save the
child or children from neglect and to avoid the. breaking up of the home of
such women;
5. It must appear to be for the benefit of child to remain with such mother;
6. A careful preliminary examination o f the home of such mother must first
have been made by either the State’s attorney or some officer of a charities
organization or humane society or such other competent person as the court
may direct and a written report o f such examination filed with the court.
S ec . 3. When allowance shall cease.—Whenever any child shall reach the age
o f fourteen years any allowance made to the mother of such child for the
benefit of such child shall cease. The county court may in its discretion at
any time before such child reaching the age o f fourteen years discontinue or
modify the allowance to any mother and for her child.
S ec . 4. Partial relief.— Should the fund hereinafter provided for and at the
disposal of the court for this purpose be sufficient to permit an allowance to
only a part of the persons coming within the provisions o f this act, the county
court may and shall select those cases in most urgent need of such allowance.
S ec. 5. To whom law does not apply.—The provisions o f this act shall not
apply to any woman who while her husband is imprisoned receives sufficient of
his wages to support the child or children.
S ec . 6. Penalty for fraud.—Any person or persons attempting to obtain any
allowance for a person not entitled thereto shall be deemed guilty o f a mis
demeanor, and on conviction thereof shall be punished by a fine of not less than
five nor more than fifty dollars or by imprisonment in the county jail for a
period not exceeding thirty days or by both such fine and imprisonment.
S ec . 7. Motion to set aside allowance.— In each case where an allowance is
made to any woman under the provsions of this act an entry to that effect shall
be entered upon the records of the county court making such allowance and any
citizen of the county may at any time file a motion to set aside or vacate or
modify such judgment and on such motion and upon such notice as the county
court shall deem proper the said court shall hear evidence and may make a
new order sustaining the allowance, modify or vacate the same, and an appeal
may be taken from such order to the circuit court or supreme court as in civil
actions. I f the judgment be not appealed from or if the appeal be not prose
cuted and the judgment o f the county court be sustained or affirmed the person
filing such motion shall pay all the costs incident to the hearing on such
motion. Such motion may be renewed from time to time but not oftener than
once in any calendar year.
S ec . 8. County commissioners, to levy tax.— It is hereby made the duty o f the
county commissioners to provide out of the moneys in the county treasury
such sum each year as will meet the requirements o f the court and will pay
the allowances made by said court as herein provided. To provide for such
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moneys the said county commissioners may levy a tax not to exceed one-tenth
of a mill on the valuation of the taxable property of the county. The county
treasurer shall pay such allowances upon orders made by the judge of the
county court of such county.
S ec. 9. Repeal.—All acts or parts o f acts in conflict with this act are in so far
as they conflict with this act hereby repealed.
Approved March 14, 1913.
UTAH.
[Laws 1913, chap. 90.]
An Act To provide for the partial support of mothers who are dependent upon
their own efforts for the maintenance of their children, and giving county
commissioners and juvenile court jurisdiction in such matters.
Be it enacted by the Legislature of the State of Utah: Section 1. County
commissioners to provide funds.—It shall be the duty o f the county commis
sioners of each county in this State, and they are hereby authorized and em
powered to provide funds in an amount sufficient to meet the purposes of this
law, but not exceeding in any one year the sum o f ten thousand dollars, such
funds to be expended for the partial support of mothers who are dependent
upon their own efforts for the maintenance of their children.
S ec. 2. Amount of allowance—The allowance to each of such mothers shall
not exceed ten dollars a month when she has but one child under the age of
fifteen years and if she has more than one child under the age of fifteen years,
it shall not exceed the sum o f ten dollars a month for the first child and five
dollars a month for each of the other children under the age of fifteen years.
S ec. 3. Conditions of allowance.— Such allowance shall be made by the county
commissioners, except in counties having a population of one hundred and
twenty-five thousand or more, the authority, power and duty of determining
upon allowance to be made under the provisions o f this act shall devolve upon
and be exercised by the juvenile judge of the district in and for such counties.
- Such allowance shall be made only upon the following conditions:
(1) The child or children for whose benefit the allowance is made must be
living with the mother of such child or children;
( 2 ) The allowance shall be made only when in the absence o f such allowance
a mother would be required to work regularly away from her home and
children, and when by means of such allowance she will be able to remain at
home with her children;
(3) The mother must in the judgement [judgment] of the county commis
sioners or juvenile court, be a proper person morally, physically and mentally
for the bringing up of her children. [ ; ]
(4) Such allowance shall, in the judgement [judgment] o f the county com
missioners or juvenile court be necessary to save the child or children from
neglect;
(5) No persons [person] shall receive the benefit of this act who shall not
have been a resident of the county in which such application is made for at
least two years next before the making of such application for such allowance.
S ec . 4. When allowance shall cease.— Whenever any child shall reach the
age o f fifteen years, any allowance made the mother o f such child for the
benefit of such child shall cease. The county commissioners or juvenile court
may, in their discretion, at any time before such child reaches the age o f fifteen
years, discontinue or modify the allowance to any mother and for any child.
S ec . 5. Partial relief.— Should the fund herein authorized be sufficient to
permit an allowance to only a part of the persons coming within the provisions
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of this law, the county commissioners or juvenile court shall select those cases
in most urgent need o f such allowance.
S ec . 6. To whom law does not apply.— The provisions o f this law shall not
apply to any mother who is not dependent upon her own efforts for the mainte
nance o f her children.
S ec . 7. Penalty for fraud.—Any person procuring, or attempting to procuré,
an allowance for a person not entitled thereto, shall be deemed guilty o f a mis
demeanor, and upon conviction thereof shall be punished as now provided by iaw
for punishment in case o f misdemeanors.
S ec . 8. Motion to set aside allowance.— In each case where an allowance is
made to any mother under the provisions o f this act, an entry to that effect
shall be entered upon the records o f the county commissioners or the juvenile
court making such allowance, and it shall be the right of any tax-paying
citizen at any time to file a motion to set aside such allowance; and on such
motion the county commissioners or juvenile court shall hear evidence, and
may make a new order granting or refusing such allowance.
S ec. 9. Appeal.— In each case where an allowance is made or refused to any
mother, under the provisions o f this act, by the county commissioners or
juvenile court, an appeal may be taken from such decision by any tax-paying
citizen, or by the applicant for an allowance; such appeal shall be subject to
the same provisions o f law as in case of appeal from justices courts.
Approved March 20, 1913.
WASHINGTON.
[Laws 1913, chap. 179.]
An Act Relating to the support o f certain destitute women who are mothers, and
prescribing penalties for those who fraudulently obtain the benefit thereof.
Be it enacted by the Legislature of the State of Washington: S ection 1.
County aid to mothers.— In every county it shall be the duty of the county com
missioners to provide out of the moneys of the county treasurer an amount suffi
cient to meet the purposes of this law, for the support o f women, whose hus
bands are dead, or are inmates o f a penal institution or an insane asylum or
who are abandoned by their husbands and such abandonment has continued
for more than one year or because of total disability of their husbands, and
who are unable to support their children, when such women are destitute and
are mothers of children under the age o f 15 years and such mothers and children
reside in such counties.
S ec. 2. Amount of allowance.—The allowance to each o f such women shall
not exceed fifteen ($15) dollars per month when she has but one child under
the age of 15 years, and if she has more than one child under the age o f 15
years, it shall not exceed the sum o f fifteen dollars a month for the first child,
and five dollars a month for each of the other children under the age of 15 years.
S ec . 3. Juvenile court to make allowance— Conditions.— Such allowance shall
be made by the juvenile court in the counties where such court is held and else
where by the superior court, and only upon the following conditions: (1) The
child or children for whose benefit the allowance is made must be living with
the mother of such child or children; (2) when by means o f such allowance
the mother will be able to maintain a home for her child or children; (3) the
mother must, in the judgment of the court, be a proper person morally, physi
cally and mentally, for the bringing up o f her children; (4) no person shall
receive the benefit of this act who shall not have been a resident of a county in
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which such application is made for at least one year next before the making
of such application for such allowance.
Sec. 4. When allowance shall cease.-—Whenever any child shall reach the age
o f 15 years any allowance made to the mother o f such child for the benefit of
such child shall cease. The court may in its discretion at any time before such
child reaches the age of 15 years, discontinue or modify the allowance to any
mother and for any child.
Sec. 5. Penalty for frau d —Any person procuring fraudulently any allowance
for a person, not entitled thereto, shall be deemed guilty of a gross misdemeanor.
Sec. 6. Court proceedings—Payment of warrants.— In each case where an
allowance is made to any woman under the provisions of this act, an order to
that effect shall be entered upon the records o f the court, making such allow
ance. Proceedings to obtain the benefit of this act shall be instituted and
maintained in the same manner as proceedings are instituted and maintained
in the juvenile court and the prosecuting attorney shall render all necessary
assistance to applicants under this act and shall appear in every such proceed
ing and through the probation officer, the charity commissioner or any person
having knowledge of the facts, shall carefully investigate the merits of every
application to the end that this act may be fairly administered and no person
granted relief hereunder except those justly entitled thereto, and no officer of
the court or county officer shall receive any fees for any service rendered in
carrying out the provisions of this act. A certified copy of said order shall be
filed with the county auditor of the county in which such child’s mother is
resident, and thereupon and thereafter and so long as such order remains in
force and unmodified it shall be the duty of the county auditor each month to
draw his warrant on the current expense fund of the county in favor o f the
mother for the amount specified in such order, which warrant shall be by the
auditor delivered to the mother upon her executing duplicate receipts therefor,
one to be retained by the auditor and the other to be filed by the clerk with the
other records in the proceedings relating to such child or children. It shall be
the duty of the county treasurer to pay such warrant out of funds in the
current expense fund of the county.
Sec. 7. Repeal.—All acts or parts o f acts in conflict with this act are hereby
repealed.
Approved March 24, 1913.
The following sections from the juvenile court act relating to the method of
instituting and maintaining proceedings in the juvenile court are made appli
cable by section 6 o f the above a c t:
[Laws 1913, chap. 160.]
Sec. 5. Petition.—Any person may file with the clerk of the superior court a
petition showing that there is within the county, or residing within the county,
a dependent or delinquent child and praying that the superior court deal with
such child as provided in this a c t: Provided, That in counties having paid pro
bation officers, such officers shall, as far as possible, first determine if such
petition is reasonably justifiable. Such petition shall be verified and shall
contain a statement of facts constituting such dependency or delinquency, as
defined in section 1 o f this act, and the names and residence, if known to the
petitioner, of the parents, guardian, or custodian of such dependent or de
linquent child. There shall be no fee for filing such petitions.
Sec. 6. Summons.— Upon the filing o f an information, or the petition, the
clerk o f the court shall issue a summons requiring the person having custody
or control of the child, or with whom the child may be, to appear with the child
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at a place and time stated in tlie summons, which time shall not be less than
twenty-four hours after service. The parents o f the child, if living, and their
residence is known, or its legal guardian, i f there be one or if there is neither
parent nor guardian, or if his or her residence is not known, then some rela
tive, if there be one, and his residence is known, shall be notified of the pro
ceedings; and in any case the judge shall appoint some suitable person or
association to act in behalf of the child. * * * On return of the summons
or other process, or as soon thereafter as may be, the court shall proceed to
hear and dispose of the case in a summary manner. * * *
In King County (juvenile court o f Seattle) from June 13, 1913, when the
law became effective, to December 31, 1913, 185 petitions were received, of
which number 99 were granted, 61 were deferred and dismissed, and 25 were
pending December 31, 1913. The average monthly allowance per family was
$20.32; total monthly allowances, $2,012.50. Two hundred and ninety-one
children in the 99 families were being benefited by the allowances. (Annual
Report of Seattle Juvenile Court, 1913, p. 8.)
F obm s U sed
in
J u ven ile C oubt
of
K in g C o u n t y ( S e att l e ) .
p e tit io n .
In the superior court of the State of Washington for the county of King—Juvenile court.
In re the application o f---------------- . N o.----- . Petition for support of mothers.
T o th e hon ordblejud ge o f theju v e n ile cou rt:
Your petitioner, —-------------- , a reputable person, respectfully represents to your honor that she now is
and for more than one year last past has been a resident of King County, W ashington; that she is the mother
of-----children under the age of 15 years now residing within said county and not inmates of any institu
tion, public or private, and are dependent upon your petitioner or the public for maintenance and support;
that the names and ages of said children are as follows:
Birthday.
Name.
Year.
Month.
Day.
Your petitioner represents that the father of said children i s ---------------- , that your petitioner is in
destitute circuqistances, owning no property whatsoever, except------- , and by reason thereof in order to
maintain the home and support said children your petitioner will require aid as provided in an act relating
to the support of certain destitute women who are mothers; that the statements set out in the sheet hereto
attached and duly verified are true and are hereby made a part of this petition.
Wherefore your petitioner prays this honorable court to inquire into the aforesaid circumstances and
investigate as to the truth of the matters herein contained in pursuance of law and upon such investigation
and hearing to be duly had, such orders may be made in the premises as to this honorable court may seom
meet according to equity and good conscience, and according to thestatute in suchcase made and provided.
---------------- , Petitioner.
NOTICE.
In the superior court of the State of Washington for the county of King— Juvenile court.
In re the application o f ----------------------. No. -------. Notice.
To the honorable prosecuting attorney and board of county commissioners of King
County, Washington:
Please take notice that a petition has been filed by .---------- ---------- , praying for an
allowance under and in pursuance of an act relating to the support o f certain destitute
women who are mothers, which said petition will be brought on regularly for hearing
in the juvenile court on the ------- day o f ------ — , 191— , at 10 a. m. of said date, or as
soon thereafter as the matter can be heard. You will therefore appear on said date, if
you have any objections to granting said petition, and duly contest the same.
—------------------- , Judge.
Service of the aforesaid notice is hereby accepted th is ------ day o f ----------- , 191— .
-------------------- -, Prosecuting Attorney.
■ , Chairman Board of County Commissioners.
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APPLICATION AND BEPOBT OF INVESTIGATION.
Docket number, -------dependency
record of Seattle juvenile court.
Name of child..........
Address...............
Date of birth............
Name of father.........
Name of mother.. . . .
Name of petitioner...
Address of petitioner.
Date of petition........
Investigation and report by
Sources of information........
Report of investigator and summary of case history. (Report to be typewritten.)
Woman’s first............. Date of application__
Surname
Other names needed for identification.
Alias.
Social state__
Cross references.
Date. Res.
No.
Street. Rooms. Floor.
F. or R. Rent.
How
long.
Sanitary Landlord or agent. Dist.
condition.
Address.
or
Cause Date Mental
physical
of
of
Prem. death.
and
death. defects
illiteracy.
•
of Birth Occupation Wages. Left
Amt.
First names. Date
sch. at of
or school
birth. place.
ins.
age of.
with grade.
Man.
W Oman’ s
m a id e n
name.
Children.
Kin
ship.
O th ers in
family.
Union.
To.
Contrib utes to
fami iy-
sources Amt. Pawns.
Benefit Society. Other
of income.
Lodge.
Install
ments.
Debts to. Amt. For.
Previous
marriage.
Property.
Weekly benefit.
Marriage.
Length of time in—
Race.
County. State.
U. S.
Date.
Place. whom.
Do you own any?...
What if any did your
husband leave?..
Relatives, references.
Address.
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Kinship.
Agencies and persons interested.
Relief
given.
68
MOTHERS* PENSIONS IN UNITED STATES— WASHINGTON.
Employer.
Wages.
Record.
Church or Sunday school.
State of Washington, county of King, ss.
---------------------- , being first duly sworn, on oath doth depose and say that the written
statements under the various printed headings on the preceding page of this application
were voluntarily made by this affiant and written thereon by direction of this affiant, and
that the statements therein, both written and printed are true in substance and in fact.
Subscribed and sworn to before me th is -------day o f ----------- , A. D. 191— .
---------------------- , Clerk.
B y ----------------------, Deputy.
Date of
hearing.
Court orders and subsequent history.
FINDINGS OF COURT.
In the superior court o f the State of Washington for the county of King— Juvenile court.
In re petition o f ---------------------- , destitute. N o .-------. Findings.
This matter coming on regularly and duly to be heard upon the petition filed herein,
and it appearing to the court that the prosecuting attorney, the board of county com
missioners, the aforesaid destitute woman, and all persons interested herein have had
due notice of this proceeding according to the statute in such cases made and provided,
and the court having jurisdiction of the subject matter and of the parties, and after hear
ing all the evidence adduced, and being fully advised in the premises, finds:
T h a t -------— ---------- , the petitioner, is a reputable person and has resided in King
County, State of Washington, for more than one year last p a st; that the husband of
said petitioner, ---------- ; that petitioner is the mother of -------- child— under the age of
fifteen years, as follows :
Born.
Name.
Month.
Day.
Year.
That by reason of the aforesaid facts petitioner is destitute, poor, and unable to
properly care for said child— without assistance, but otherwise she is a proper guardian.
The court further finds that all of the allegations of the petition have been proven,
and that it is for the welfare of such child— and for the best interests of the people of
the State of Washington that said child— remain at home with ---------- parent— , the
petitioner, •
— ----------------.
And the court further finds from the testimony heard in open court that the sum of
------- dollar^ ($-------) per month is the amount of money necessary to enable the parent,
together with her earnings otherwise, to properly care for said child— at home.
Done in open court this — — day of -----------, 191— .
---------------------- t Judge.
OBDEB' PEOVIDING SUPPORT.
In the superior court of the State of Washington for the' county o f King— Juvenile
court.
In re petition of —:------ ---------- , destitute. No. -------. Order providing support.
Upon the findings herein made and filed in the above-entitled proceedings, it is ordered
that the said child—------------------------- be and remain —— ward ------- of this court, and
that — he— be and remain in the custody o f ---------------------- , parent— of said child— ,
subject to the friendly visitation of the probation officers of this court, as frequently as
may be directed by the court.
I t is fu r th e r ord ered , a d ju d g ed , and d ecreed th a t th e sum o f ------- d o lla rs p er m onth
be and is hereby fixed by the court as the amount of money necessary to enable the
parent to properly care for said child— at home, and that the board of county com
missioners of King County, State of Washington, shall make provision for the necessary
moneys to meet the purposes of this order, and that upon the filing of a certified copy
o f said order with the county auditor of King County, said auditor is directed on the
first Monday of ----------, 191— , and monthly thereafter until the further order of the
court, to draw his warrant on the current expense fund of the county, in favor of the
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petitioner,---------------------- , for the amount specified in this order, as her relief for the
preceding month, and deliver the same to her upon her executing duplicate receipts
therefor, as provided hy law.
It is further adjudged that the court hereby retains jurisdiction of this cause for the
purpose of making such ' further orders herein for the welfare of said child— and. said
destitu te---------------------- as shall from time to time he found to be in accordance with
equity and good conscience, and in pursuance of law.
Done in open court th is -------day o f ----------- , 191— .
----- ----- , Judge.
In the superior court o f the State of Washington for the county o f King— Juvenile
court.
In re petition of
destitute. No. -------. Order providing support.
Upon the findings herein made and filed in the above-entitled proceedings, it is ordered
that the said child--------------------------- he and remain — — ward -------- of this court, and
that — he— he and remain in the custody o f --------------:--------, parent— of said child— ,
subject to the friendly visitation of the probation officers of this court, as frequently
as may be directed by the court.
It is further ordered, adjudged, and decreed that the sum of ------- dollars per month
he, and is hereby, fixed by the court as the amount of money necessary to enable the
parent to properly care for said child— at home, and that the board of county com
missioners of King County, State of Washington, shall make provision for the necessary
moneys to meet the purposes of this order, and that upon the filing of a certified copy
o f said order with the county auditor of King County, said auditor is directed, on the
first Monday of ---------- , 191— , and monthly thereafter until the further order of the
court, to draw his warrant on the current expense fund of the county, in favor o f the
petitioner,---------------------- , for the amount specified in this order, as her relief for the
preceding month, and deliver the same to her upon her executing duplicate receipts
therefor, as provided by law.
It is further adjudged that the court hereby retains jurisdiction of this cause for the
purpose of making such further orders herein for the welfare of said child— and said
destitu te---------------------- as shall from time to time be found to be in accordance with
equity and good Conscience, and in pursuance of law.
Done in open court th is -------day o f ----------- , 191— .
------------------- , Judge.
State of Washington, county of King, ss:
I , ---------------------- , county clerk, and by virtue of the laws of the State of Washington
ex officio clerk of the superior court of the State of Washington for King County, do
hereby certify that the above is a true and correct copy of the order granting pension
in the above-entitled action now on file and of record in this office.
In witness whereof I have hereunto set my hand and seal of the said superior court, at
my office in the city of Seattle, th is -------day o f ----------- , A. D. 191— .
---------------------- , County Cleric.
B y ---------------------- , Deputy Clerk.
WISCONSIN.
[Laws 1913, chap. 669.]
An Act To repeal section 573f of the statutes and to create subsections 50 and
51 o f section 172-67 and a new section of the statutes to be numbered 573f,
relating to State aid for dependent children; and making an appropriation.
The people of the State of Wisconsin, represented in senate and assembly, do
enact as follows: S ection 1. Section 573f of the statutes is repealed.
S ec . 2. Petition to court for aid.— There is added to the statutes, two new
subsections and a new section to be numbered and to read: Section 573f. 1. The
county superintendent of poor, the superintendent o f poor, in any city or vil
lage, the chairman of any town or any relative or friend of any'child under
the age of fourteen years, who is neglected, destitute, abandoned, homeless, or
in any manner dependent upon the public for support, or whose parent or par
ents, or person occupying the position o f a parent, for any reason are unable
without aid, properly to maintain, bring up or educate such child, may make an
application by verified petition to the juvenile court in counties having such
courts, and in other counties, to the county court or any municipal court o f
the county in which such child may reside, to determine the status of such
child and to grant aid to it or to its parents or person occupying the position
of a parent or guardian as provided in this section, or, in case the court shall
find it is manifestly for the best interests o f the child that it be removed from its
home, then and in such case only to commit such child to the State public
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school, or to place such child in the home of a relative or friend of the family,
or make such other disposition of such child as it may deem wise.. The petition
shall state the religion or religious preference o f the parents of such child.
2. Hearing.— On filing such petition, if the child named therein is present in
court, the court may proceed forthwith to hear such matter or may continue
the same. I f such child be not produced the court may fix a time for hearing
such matter and summon the person having the custody thereof to produce said
child in court, unless for any reason the court shall consider it inadvisable so
to do, in which case the court may proceed without the presence of such child.
In either case the court may summon witnesses and require the attendance and
assistance of the district attorney. The parents or any friend o f such child
may appear on its behalf and the court may order such appearance by the
county superintendent of poor, the superintendent of poor in any city or village,
or the chairman of any town in which such child may reside.
3. Court to fix allowance or commit to State school.— If the court shall find
upon such hearing that such child is neglected, destitute, abandoned, homeless,
or in any manner dependent upon the public for support, or that the parent or
parents of such child are unable properly to maintain, bring up or educate
such child, and, if in the discretion o f the court, it is manifestly for the best
interest of said child that it remain in the home of the parent or parents or
other person occupying the position o f a parent or guardian, it shall enter an
order directing the county treasurer to pay, at stated periods, to such oflicer
or person as the court may designate or to the parent, or person occupying the
position o f a parent or guardian o f such child, and for the benefit of such child,
such sum as shall be deemed sufficient, payments to continue for a limited time
or until further order o f the court: Provided, That such sum shall in no case
exceed the sum o f twelve dollars per month for a single child and four dollars
per month for each additional child in the same family but such sum when
granted may be increased temporarily by the court in case of sickness dr un
usual condition: And provided further, That the court in its discretion may
order the amount o f aid to be given in supplies instead o f in money. I f the
court shall find that it is manifestly for the best interest o f such child that it
be removed from its home, then and in such case only, the court shall commit
such child to the State public school, or may place it in the home o f a relative
or friend of the family, or make such other disposition of such child as it may
deem wise; and if such child be placed in the home of a relative or friend,
the aid granted shall be paid to such relative or friend.
4. Court may order medical examination of child.— I f the court shall-find
that it is manifestly for the best interest o f said child to be committed to the
State public school, before entering such order it shall cause such child to be
examined by the county physician, if there be one, and if there be none, by a
registered practicing physician, who shall file an affidavit setting forth the facts
disclosed by said examination. I f such affidavit shall show such child to be
of sound mind and not affected by any chronic or contagious disease and that
such child has not been exposed to any contagious disease for fifteen days
previous to such examination, the order committing such child may be entered.
I f such affidavit shall show otherwise, the order shall not be entered at that
time and the court may make such temporary disposition o f such child as may
seem best, and order support, if necessary, as provided in the preceding section,
until such time as it may be committed to the State public school.
5. Copy of findings to he delivered with child.—A certified copy o f such find
ings and order and a statement of the child, names, residence and religion or
religious preference o f the parents and their post-office address, the name of the
institution or other place in which the child has been maintained and the
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length o f time such maintenance has been continued, with a copy of the certifi
cate of the physician, shall be delivered with the child at the State public
school.
6. The proceedings provided for by this section may include two or more chil
dren, all of whom may be named in the same petition, order and certificate.
7. Person having custody of child to make report.—Any person designated by
the court to administer any aid granted under the provisions of this section
shall keep a true and accurate account thereof and shall, once each month,
make report thereof to the court ordering such aid and also to the county clerk.
Such report shall be made upon blanks furnished by the board of control and
shall contain such data as the board of control may determine and such fur
ther information as the judge may require.
8. Court to report to hoard of control— The court having jurisdiction under
this section to receive applications for aid shall once each month cause to be
reported to the board of control all of the applications received during the pre
ceding month, and shall cause to be set forth in such report the disposition of
each such application. Such reports shall be made upon blanks furnished by
the board of control. The board of control may, from time to time, demand
such information as it desires relative to matters coming within the purview of
this section.
9. County hoard may appropriate funds—The county board of supervisors
may annually appropriate out o f the funds in the county treasury such an
amount as it shall deem sufficient to carry out the provisions o f this section.
Money so appropriated shall be placed in a special fund and shall be paid out
by the county treasurer upon order of the court having jurisdiction to receive
applications and grant aid under this section.
10. County treasurer to report to hoard of control— State aid.— On the first
day of January of each year the county treasurer shall certify under oath, in
duplicate, to the secretary of state and the State board of control the amount
paid out by such county during the preceding year for aid under this section,
and if the board of control shall approve the same and shall cause its approval
to be indorsed by the president and secretary of said board on the certificate
received by the secretary o f state, the secretary of state shall credit one-half
of the amount so certified to be due such county on the State taxes next due
therefrom, and the State treasurer shall credit such county with said one-half
o f such amount in his annual settlement with said county for taxes due the
State: Provided, That the amount paid by the State to any county in any one
year shall not exceed a sum equal to one dollar for each thirty inhabitants
thereof: Provided further, That if the total amount paid by all the counties
under this act as certified by the county treasurers shall exceed the sum ap
propriated by subsection 51 o f section 172—67, the secretary o f state and the
State treasurer shall prorate the said sum among the various counties accord
ing to the amount paid out.
11. Board of control to investigate.— The board of control shall make a
general survey and investigation of the question of aid to mothers and de
pendent children in this State and shall report its findings and recommenda
tions to the next legislature not later than March 1, 1915.
(Section 172—67 ) 50. There is appropriated from any moneys in the gen
eral fund not otherwise appropriated, the sum of five thousand dollars or as
much thereof as may be necessary to investigate the question o f aid to mothers
and dependent children as required in subsection 11 of section 573f.
51. Appropriation.—There is annually appropriated out of any moneys in
the general fund not otherwise appropriated, a sum not to exceed seventy-five
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72
MOTHERS* PENSIONS IN UNITED STATES— WISCONSIN,
thousand dollars as State aid to dependent children to carry into effect the
provisions of section 573f, said sum to be offset in the manner provided in
subsection 10 o f section 573f.
Sec. 3. This act shall take effect and be in force from and after its passage
and publication.
Approved July 24, 1913. Published July 26, 1913.
O peration
of
Law .
In Milwaukee County, prior to the passage o f this act, aid to poor mothers
for the support o f dependent children in their own homes was being given out
of a special fund of $5,000 set aside by the county board in March, 1912, such
fund “ to be used and drawn upon by the trustees o f the Milwaukee County
Home of Dependent Children in such cases o f dependent and neglected chil
dren pending in the juvenile court of Milwaukee County where said board,
from the evidence there taken and upon the advice o f the presiding judge of
such court, decides and determines^ that it is for the best interests o f the
family to give such family financial assistance instead of detaining such
child or children in said Milwaukee County Home for Dependent Children.”
The amount paid to the mothers varied from $1.50 to $8 a week. During the
month of October, 1912, 43 women with 209 children received aid at a cost
for the month of $490.
Under the new law up to December 31, 1913, fifteen counties (Douglas, Iowa,
Lincoln, Marathon, Milwaukee, Polk, Rusk, St. Croix, Shawano, Taylor,* Trem
pealeau, Vernon, Washburn, Washington, and Wood) had appropriated for
mothers’ pensions a total of $37,150. Of this amount Milwaukee County appro
priated $25,000. Payment o f pensions had, however, been made in only five of
these counties (Iowa, Marathon, Milwaukee, Shawano, and Washington), total
ing $9,632 up to December 31, 1913. One hundred and eighty-seven families
(667 children) were being aided in these five counties, 162 o f them (590 chil
dren) in Milwaukee County.
F orms A dopted
by
S tate B oard
of
C ontrol .
PETITION TO THE COURT TO DETERMINE THE STATUS OF CHILDREN ALLEGED TO BE
DEPENDENT OR NEGLECTED.
State of Wisconsin, county o f ---------- . ss. -------court o f ----------- .
T o -----------------------, judge of the ------- court of ---------- . In the matter of ---------•----------, alleged dependent child— .
Your petitioner- respectfully represent- to the court that ---------- ----------; that in
------ opinion said child— dependent on the public for support; t h a t ---------------------under the age of fourteen years; and that ------- ha— no parents against whom support
can be enforced as provided by law.
Your petitioner- further represents that the following is a correct statement of the
facts so far a s -------able to ascertain them.
1. Name of father (give name in full, avoid giving initials o n l y ) , ---------------------- ;
city or village, ---------- . 2. P. O. address of father, ---------- ; street and number, --------;
R. F. D. ------ . 3. Is father dead? ---------- . 4. Name of mother (give name in full,
avoid giving initials o n ly ),---------------------- ; city or village, -----------. 5. P. O. address of
mother, ---------- ; street and num ber,------- ; R. F. D. ------- . 6 . Is mother dead? ---------- .
7. Has father abandoned child— ? ---------. 8 . Has mother abandoned child— ? ----------.
9. Occupation of father? ---------- . 10. Occupation of mother? ---------- . 11. Religious
belief of father? -----------. 12. Of mother? ---------- .
Your petitioner- therefore pray— this court to examine into this case and to determine
the status of such child— , and should such child— be found neglected, destitute,
abandoned, homeless, or in any manner dependent upon the public for support, or i f ------parent or parents are unable, without aid, to properly maintain, bring up, or educate
such child— , that an order be entered in this court granting such relief or making
such disposition of the case as the court deems proper.
D ated ,---------- , 19— .
( S i g n e d ) ---------------------- (give official title).
( S i g n e d ) ---------------------- (give official title).
N o te .— Crippled children will be received at the State public school if they are able
to go up and down stairs alone and wash and dress themselves.
State of Wisconsin, county o f ---------- , ss. -------court o f ------------.
T o ----------------------, judge of t h e -------court o f ----------- .
The undersigned, ---------- ---------- , ---------- of the within-named child— , hereby re
spectfully request- that an order be entered in this court finding such child— to be
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MOTHERS' PENSIONS IN UNITED STATES— WISCONSIN.
73
dependent upon the public for support, and that the court shall determine the status
of said child
and make such disposition of the case as the court may deem proper.
Dated, ---------- , 19— .
In presence of—
MONTHLY REPORT OF PARENT, GUARDIAN, OR OTHER PERSON RECEIVING AID FOR THE
CARE AND SUPPORT OF DEPENDENT CHILDREN UNDER PROVISIONS OF CHAPTER
6 69 , LAW S OF 1 91 3 .
T l£ 0 M w t “ ar “ “ rea”bîrï.w .°°S C,ref" llï '“ ,<>re ‘ « '■ » » “ »S «» » « * «
EXTRACT FROM
tu » report.
LAW.
Section 573f-7. (Chapter 669, Laws of 1913.) Any person designated by the court
„t ° ? ? m+imster an7
granted under the provisions of this section shall keep a true and
accurate account thereof and shall, once each month, make • report thereof to the
court ordering such aid and also to the county clerk. Such report shall be m a d e unn n
blanks furnished by the board of control, and shall contain s u ? f data as th“ boardP0f
control may determine and such further information as the judge may require.
Q..0 ° the. fl.rst day of each month all persons designated by the court to administer any
^
granted under the provisions of the above-named law must fill out this report
blank. One copy should be sent to the county clerk of the county in which such person
resides, and the other to the judge of the court in which this aid was granted Your
report should never reach the county clerk or the judge of the court where the aid
was granted later than the 5th day of each month.
6 tne aid
This report should include all the money received and paid out by all members of
the family which reside at home. It should include the earnings of the father, if anv
earnings of the mother, if any, and the earnings of the children, providing there
should be any children residing at home who are of sufficient age to earn monev
Always give the exact amount received from the county treasurer as aid. If anv monev
is received as gifts or aid from other charitable sources include this also. Include all
money received, and give source from which it came. Do not include anv monev that
may have been earned during the month but not received by you during the month
If you or some member of the family has earned some money that has not been received
do not include same in your report until it is actually paid to you. This report covers
of\h e month0nth’ £r° m the mornlng of the first day UP to and including the last day
1. Date, ---------- , 19— . 2. Report for the month o f ----- :— , 19— , 3. Name of person
making this report,
. 4. P. O. address of person making this report:
City -or.........ugv,
village,
, street and number,---------- ; R. F. D -------5. In the following space give the number of days each child has attended school
during the month, the number of times each child has attended church during the
month, the health of each child during the month, and such other facts as are called for.
Names of all children who reside at home.
Age.
nearest
birthday.
Number of
Number of
days child has times child has Health of child
attended
attended
during the
school during church during
month.
the month.
the month.
6. Money received during the month (see instructions above).
(a)
(b)
(c)
(d)
(e)
How much money did you have left over at the beginning of the month?
How much did you receive during the month from the county treasurer as aid"?.".!........
What was the total amount received during the month as wages of the father?
What was the total amount received during the month as earnmes of the m o th e r?................
Was any money received during the month which was earned by the children? " if" "so"
how much?...,........................................................... ........ ......................
(f) Give here a list of all other money received from every source and" "tell" "where" "it'came
from and what it was for:
Total amount of money to account for.
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Amount
received.
74
MOTHERS* PENSIONS IN UNITED STATES----WISCONSIN,
7. In the following space give a detailed list o f all money paid out during the month.
(See instructions on the other side of this sheet.)
,
To whom paid.
Date.
In payment of—
Amount.
Total amount of money paid out during the month...................................
Balance still in your possession at the end of the month............................
Total— ........................................ ...................................... .
(This total should equal the total at' the bottom of the preceding ¿age.)
8 . Were any members of the family, including the father and the mother, severely
injured or afflicted with any severe illness during the past month? ---------- . If so,
describe fully. ---------- .
N o t e .— In the case of a death, birth, or marriage in the family, the fact should be
reported in the above space.
9. This space is left for reporting to the judge who granted you the aid any special
information which he may require. ---------- .
D a te ,---------- , 19— .
DECLARATION.
I
solemnly declare that the foregoing is a complete and true statement of all money
received and paid out by. me during the past month and that all questions are correctly
answered, to the best of my knowledge and belief.
( S i g n e d ) --------------------- .
In presence of—
----------------------, witness.
--------------------- , witness.
(Not members of same family as person making report.)
BEPOBT OF THE COUBT TO THE STATE BOABD OF CONTBOL OF WISCONSIN IN THE
MATTEB OF DEPENDENT CHILDBEN.
N o t e .— This report is required by authority of chapter 669, Laws of 1913.
Whenever a petition is received by the court to determine the status of children alleged
to be dependent or neglected, a report of the action and findings of the court should be
made to the State board of control of Wisconsin. This report should be made in all
cases whether the court grants the aid to the children or not.
In case the court shall find it manifestly for the best interests of the children that
they be committed to the State public school, then this blank should be made out in
duplicate and one copy mailed to the office or the State board of control of Wisconsin
and the other sent with the commitment papers to the superintendent of the State public
school, Sparta, Wis.
Officials making out this blank should answer all questions as completely as possible.
County o f ---------- . Date petition was received by the court — t-----, 19— . The petition
was signed by whom ---------- ---------- (give official capacity) ; ---------- (give official
capacity).
Date of birth.
Place of birth.
Name of child.
Month. Day.
Year.
If born in Wisconsin,
give county.
If bom in United
States, give State.
If foreign-bom, give
country.
1. Name of father (give name in full, avoid giving initials o n l y ) ---------------------- ; city
or village ---------- . 2. P. O. address of father— street and number ---------- ; R. F. D.
---------- . 3. Is father dead? ---------- . 4. Name of mother (give name in full, avoid giving
initials o n l y ) -----------------------; city or village ----------- . 5. P. O. address of mother—
street and number ---------- ; R. F. D. ----------- . 6 . Is mother dead? ---------- . 7. Has
father abandoned child— ? ----------.
8 . Has mother abandoned child— ?
----------.
9. Occupation o f fa th e r---------- . 10. Occupation of mother ---------- . 11. Religious belief
of father ---------- . 12. Of mother ---------- . 13. Is father intemperate? ---------- . 14. Is
mother intemperate? ---------- . 15. Has father ever been under arrest for violation of
the law? ---------- . 16. Has he ever been committed to the county jail, city workhouse,
State reformatory, State prison, or any other penal institutions in this or any other
State, as far as can be ascertained? ---------- . 17. If so, when? ---------- ; length of time
served ---------=- ; crime convicted o f ---------- ; in what institution ----------- . 18. Has mother
ever been under arrest for violation of the law? ------ :— . 19. Has mother ever been
committed to the county jail, city workhouse, State prison, or any other penal institu-
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MOTHERS' PENSIONS IN UNITED STATES— WISCONSIN.
75
tions in this or any other State, as far as can he ascertained? ---------- . 20. If so,
when ? -----------; length of time served ----------- ; crime convicted o f -----------; in what insti
tution ---------- . 21. Character of father ---------- . 22. Character of mother ---------- .
23.
Birthplace of father ------ (if born in Wisconsin, give com ity; if horn in United
States, give State; if foreign born, give country). 24. Birthplace of mother ---------- .
25. I f foreign born, have both parents been naturalized? — — —. 26. How long has
father resided in Wisconsin? ---------- ■. 27. How long has mother resided in Wisconsin?
---------- . 28. Age of father (nearest birthday) ---------- . 29. Age of mother (nearest
birthday) ---------- . 30. Nationality or descent of father ---------- . 31. Nationality or
descent of m other---------- . 32. Health of father — -------. 33. Health of mother ---------- .
34. Is father employed at present? ---------- . 35. If not, why not? ---------- . 36. When
was he last employed and with whom? ---------- . 37. What are his present wages (state
whether per month, per week, or per day) ? ---------- . 38. Is father addicted to the use
of drugs? ---------- . 39. Is mother addicted to the Use of drugs? ---------- . 40. Has
either parent ever been adjudged insane? ---------- . If so, which one? ---------- . 41. Is
either parent feeble-minded or epileptic? ---------- . 42. Was either parent ever an inmate
of any poorhouse, almshouse, or any other institution for paupers? ---------- . 43. If so,
when? ---------- . Where? ---------- . 44. Has either parent ever been an inmate of any
other penal or charitable institution not enumerated above? ---------- . 45. If so, when?
---------- . Where? ---------- . 46. Has child— ever been christened? -—------. 47. If so,
in what faith? ---------- . 48. Has child ever been under arrest for violation of the law?
---------- . If so, give particulars ---------- . 49. Has child— ever been maintained by
charity? ---------- . 50. Has child— ever been an inmat’e of any charitable, reformatory,
or penal in s t it u t io n ? --------- -. 51. If so, when? ---------- . Name and address of insti
tution -------— . 52. What diseases of childhood has child— h a d ? ---------- . 53. What
is the legal residence of the child— ? ---------- .
54. Give the following information in regard to all the other children of this family
not included in the application for relief:
Name.
Sex.
Age
Living
< nearest
birthday. (yes or no).
W hat are they doing
at present?
DISPOSITION OP CASE.
A. If committed to the State public school : 1. Date of commitment
192. Names of children committed :
B. If an order was entered directing the county treasurer to make certain payments
as aid in accordance with the provisions Of chapter 669, Laws of 1913: .1. Date the
order was entered ---------- , 19— . 2. Amount to be paid as aid each month, $-------.
3. Person to whom money is to be pa id: Name ------- : ---------- ; P. O. address — --------;
relationship to child ---------- . 4. Date when payments are to begin ---------- , 19— .
5. Length o f time payments are to continue---------- .
C. If no aid was granted, what were the reasons assigned by the court for denying
such aid? (State briefly the findings of the court.) ---------- .
Dated, —
—, 19—%
(Signed)
------ --------------- , Judge.
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DANISH LAW REGARDING ASSISTANCE TO CHILDREN
OF WIDOWS, 1 9 1 3 .
[Law regarding assistance to children of widows (Lov om Understpttelse til B0rn af
Enker. Lov Nr. 124, 29 April, 1913).]
Section 1. Widows who are considered indigent shall, provided they are
entitled to support in cases of continuous need, have the right to a public con
tribution toward the support and education o f their legitimate children or
children adopted under marriage, without the disabilities attaching to poor
relief.1
A widow is considered Indigent whose property does not exceed 4,000 kr.
[$1,072], with the addition of 500 kr. [$134] for each child under 14 years,
and whose income does not exceed two-thirds of the amount exempt from
state taxation in the commune concerned, pursuant to Law No. 144 of June 8,
1912, section 8, paragraph 1, with the addition of 100 kr. [$26.80] for each
child under 14 years of age. In exceptional circumstances the local board*
may, at its discretion, decide whether such a widow shall be deemed indigent
and, if so, whether she shall have the full assistance hereinafter mentioned,
or whether this can be reduced to one-half.
The assistance amounts to—
100 kr. [$26.80] yearly until the child is 2 years.
80 kr. [$21.44] yearly until the child is 12 years.
60 kr. [$16.08] yearly until the child is 14 years.
The assistance ceases if the mother remarries; if she leads a life which
gives public offense (habitual drunkenness, immorality, or like offenses) ; if
she receives help from the poor relief (Fattigvaesen) or from a relief fund
(Hjaelpelcasse) which has a grant from the communal funds, or from the
communal section of the Copenhagen relief society. The assistance is like
wise withdrawn if her economic condition essentially improves by an increase
in her property or income not originating from her own or her children’s
work.
Assistance to the mother under sections 44, 61, and 63* o f the poor law
does not have this result, neither does aid from the relief funds or the com
munal section of the Copenhagen relief society in case o f sickness of the.
mother or children.
The contribution may in exceptional cases be extended to the 18th year.
Sec. 2. The subsistence-allowance ( UnderholdsMdrag) is payable to the widow
concerned quarterly, eventually monthly, in advance; the first time for the quar
ter or the month which follows the death of the husband, and the last time for
the quarter or month in which the aid ceases.
1 Loss of suffrage and certain other rights.
2 Kommunal bestyrelse, the governing board of each commune.
8 Money expended by the general community for the education, maintenance, and sup
port of the blind, deaf, dumb, feeble-minded, and idiots is not classed as poor relief.
Certain kinds of medical relief are also exempt from the civil disabilities attaching to
poor relief.
76
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MOTHERS7 PENSIONS— DENMARK.
77
Seo. 3. I f a child is under the care of the poor relief or has been taken under
the care o f a council of guardians1 (Law No. 72, April 14, 1905) it does not
come within the provisions o f this law.
Sec. 4. H alf o f the expense o f the subsistence-allowance herein provided for
is borne by the State, the remainder by the commune in which the widow con
cerned has her permanent abode. Country districts grouped with towns with
lespeet to poor relief are referred to the said town.
Sec. 5. In regard to the expense which a commune, in accordance with the
rules in section 4, incurs in the capacity of residence commune, it can (pro
vided the widow in question is entitled to support elsewhere) claim reimburse
ment o f three-fourths of the amount from the said commune owing support. I f
there is no commune which can be regarded as under liability for support, said
expense shall be made good out of the public funds which in accordance with
existing law are chargeable in place of the commune owing support.
Sec. 6. The acquirement by a widow o f right o f support in the commune of
residence is regarded as pending for the period in which a subsistence-allow
ance ( Underholds J)idrag) is granted under this law from the public funds to
l i e children concerned.
Sec. 7. At the same time that the communal authorities, in accordance with
section 32 of Law No. 85 of May 15,1903, transmit to the minister o f the interior
and the county council, respectively,2 the statement of certain expenditures
therein mentioned (a, b, c, and d ) there shall be forwarded a statement of
what the commune has expended under the present law (sections 4 and 5).
At the apportionment of State aid pursuant to sections 31, 32, and 33 of the
first-mentioned law this amount shall be included in the account.
Sec. 8. The management of all matters pertaining to a subsistence-allowance
( VnderholdsMdrag) in accordance with the provisions of this law rests upon
the communal authority of the commune in which the widow concerned has
her permanent abode.
Sec. 9. The communal authority which receives a request for a subsistenceallowance ( UnderJioldsUdrag) must carefully investigate the economic condi
tions o f the home in question to determine the need and other circumstances in
order to decide what aid in each particular case shall be granted and how it
shall be paid out. It is furthermore the duty o f this authority to exercise
supervision in order that the subsistence-allowance shall be expended in a
proper manner for the benefit o f the children concerned. It can determine that
food or clothes shall be purchased with the subsistence money for the child.
In case a particular or general regulation of the communal authority with
respect to the use o f the aid is not complied with, the superior authority* is
to be informed of the matter.
I f it shall be deemed desirable, private societies may cooperate in the work
of investigation and supervision.
Sec. 10. The payment of the subsistence-allowance (see sec. 2) shall be
made in advance out of the treasury of the commune of residence concerned,
after which the expenditure of the communal board is to be reported to the
county for part repayment pursuant to section 4 of this act. With respect
to the eventual reimbursement from the commune liable for support (sec. 5)
the regulations in section 48 of Law No. 67 of Apr. 9, 1891, apply.
1 The Vaergeraad, a special council of guardians in each commune which looks after the
education and training o f neglected and delinquent children.
2 In rural communes the Kommunal bestyrelsen are under the supervision of their
Amtraad or county council; in provincial towns under the minister of the interior.
3 See footnote 2
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78
MOTHERS
PENSIONS— DENMARK.
The county is to report to the minister of the interior as soon as possible
after the end of the fiscal year what amount in each commune has been ex
pended for subsistence-allowances in accordance with the present law.
Sec. 11. Complaints in regard to the decisions of the communal authorities
with respect to the provisions of this law shall not be made before the courts
but before the superior authority,1 whose decision if the complaint is not sus
tained is final, but in the contrary case, appeal may be taken by the communal
authority to the minister of the interior.
I f it comes to the knowledge of the superior authorities through the inspec
tion o f the accounts or otherwise that there is being granted aid ( Underst0ttelse) to unqualified persons or the provisions o f the law in other respects
are not being complied with, decision in the case rests likewise upon them,
which decisions may, however, be referred to the minister of the interior.
In the case of disputes between the communes themselves with respect to the
obligations imposed upon them in accordance with this law, the chairman of
the county council ( Amtmand) of the superior magistracy to which the com
mune belongs, against which the obligation is urged, has the power of decision ;
and if the dispute relates to Copenhagen, the minister o f the interior.
The decisions of the chairmen o f the county councils (Amtmaendene) may
be referred to the minister o f the interior.
Sec. 12. The minister of the interior shall prepare detailed instructions
respecting the drawing up of the forms for requests for subsistence-allowance
( UnderholdsMdrag) as well as regarding the accounts necessary to be kept,
examination of accounts and so forth.
Sec. 13. The Government is empowered by royal proclamation to let this act
come into force in the Faroes with such modifications as the special conditions
in these islands may make expedient.
Sec. 14. This act takes effect on the 1st o f January, 1914. Widows who at
that time are receiving aid from the poor relief (Fattigvaesen) , relief funds
( HjaelpeTcasse), or the communal section of the Copenhagen relief society,
shall not on that account be debarred from coming under the provisions of
this act.
1 The Amtraad or county council. The Amtmand, the chairman of this council, a State
appointed, paid official, is the representative ,of the Amtraad.
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NEW ZEALAND WIDOWS’ PENSION ACT, ign.
A N A LYSIS.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
Title.
Short title.
Interpretation.
Pensions to widows.
Qualifications of applicant for pension.
Children to whom act does not apply.
Restrictions on grant of pensions.
Rates of pension.
“ Annual income ” defined.
Rate of pension not to vary during pen
sion year.
Forfeiture of right to pension.
Pension to he paid hy monthly instal
ments.
Pension claims.
Applications for renewal to be made
within first month of pension year.
Magistrate to hear and determine pen
sion claims.
Registrar to issue pension certificates.
Instalments of pensions to be paid
through money-order office.
Payments to be made within one month
of due date, on production of pension
certificate.
18. Payments to person other than pen
sioner in pursuance of warrant of
commissioner.
19. Receipt duly given to be evidence of
payment.
20. Forfeiture of pension.
21. Amount of pension not affected by death
of child within pension year.
22. Suspension of payment in certain cases.
23. Cancellation or variation of pension
certificates by magistrate.
24. Recovery of amount of pension paid in
excess.
25. Offences punishable by imprisonment.
26. Penalty for receiving payment for pro
curing pension for any person.
27. Pensions to be inalienable.
28. Statutory declarations, how to be made.
29. Exemptions from stamp duty.
30. Minister of finance to provide for pay
ment out of consolidated fund to pro
vide for pensions.
31. Administration expenses.
32. Application of act restricted.
33. Regulations.
[1911, No. 16.]
An Act To make provision for the grant o f pensions to widows having young
children dependent on them.1 (28th October, 1911.)
Be it enacted by the General Assembly of New Zealand in Parliament assem
bled, and by the authority o f the same, as follows:
1. This act may be cited as the Widows’ Pensions Act, 1911, and shall come
into operation on the first day o f January, nineteen hundred and twelve.
2. In this act, unless a contrary intention appears—
“ Commissioner” means the commissioner under the Old-age Pension Act,
1908 :
“ Registrar ” means a registrar o f old-age pensions under the said act :
“ District ” means a district constituted by the Governor for the purposes of
and under the authority o f the said act:
“ Pension year ” means in respect o f an original pension certificate a period
of twelve months commencing on the first day o f the month in which the
pension claim is made on which that certificate is issued, and in respect
of a renewed pension certificate means a period of twelve months com
mencing on the corresponding day of any subsequent year :
“ Pension certificate” means a certificate granted by a magistrate for the
payment o f a pension under this act :
i For legislative history of this act see New Zealand.
Parliamentary debates, 1911,
V. 156:648-51, 692-3, 697, 815-9, 867-9, 938-42.
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79
80
MOTHERS7 PENSIONS----NEW ZEALAND.
“ Original pension certificate ” means any pension certificate other than a
renewed pension certificate:
“ Renewed pension certificate ” means a pension certificate for the continu
ance of a pension already granted under this act, whether with or without
any alteration in the amount thereof.
3. Subject to the provisions o f this act, every widow who at the commence
ment of any pension year conforms to the requirements hereinafter set forth
shall be entitled to receive during that year a pension at the rate hereinafter
provided.
4. No widow shall be entitled to a pension unless she is resident in New Zea
land and has a child or children to whom this act is applicable.
5. This act shall not apply to—
(а) Any child over the age of fourteen years:
(б ) Any illegitimate child, unless legitimated by the subsequent marriage of
the parents:
(c) Any adopted child:
(<Z) Any child born out o f New Zealand:
(e) Any child bom in New Zealand unless its mother was resident in New
Zealand for not less than six months before its birth.
6. No widow shall he entitled to a pension unless the magistrate to whom the
application for a pension certificate is made is satisfied that she is o f sober
habits and of good moral character, and that the pension will be properly used
for the support of her children.
7. (1) A pension under this act shall be payable at the following rates, sub
ject to the deduction hereinafter provided:
(а) I f the widow has one child to whom this act applies the pension shall
amount to twelve pounds [$58.44] a y ea r:
(б ) I f she has two such children the pension shall be eighteen pounds [$87.66]
a year:
(c ) I f she has three such children, the pension shall be twenty-four pounds
[$116.88] a y ea r:
(d ) If she has more than three such children the pension shall be thirty
pounds [$146.10] a year.
(2)
Each o f the foregoing rates of pension shall be subject to a deduction of
one pound [$4.87] for every pound by which the annual income, as hereinafter
defined, of the widow and her children as aforesaid exceeds the sum of thirty
pounds [$146.10].
8. (1) The term “ annual incom e” as used in this act means the aggre
gate income from all sources (other than personal earnings and a pension under
this act, not exceeding together the sum of one hundred pounds [$487]) for the
year ending one month before the commencement o f the pension year.
(2) I f a widow or any of her children to whom this act applies is the owner
o f any property which produces no income, or which produces an income less
than five per centum o f the value of that property, the widow or child shall for
the purposes of this act be deemed to be in receipt from that property o f an
annual income equal to five per centum of the value thereof.
(3) If a widow or any of her children to whom this act applies is in receipt
of any income which is partly derived from property and is partly personal
earnings in respect of that property, the magistrate to whom the application
for a pension certificate is made shall apportion that income in such manner as
he thinks just, and the part thereof which is so apportioned as personal earn
ings shall not be computed as income for the purposes o f this act.
9. Except as hereinafter provided, the rate o f each year’s pension shall not
vary during the year.
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10. No widow shall be entitled to a pension if she has at any time, whether
before or after the coming into operation o f this act, deprived herself directly
or indirectly o f property or income in order to qualify for a pension, or in order
to increase the pension to which she would otherwise be entitled.
11. (1) Every pension shall be granted for and in respect o f a single pension
year, and shall commence at the beginning of that year.
(2) Every pension shall be payable by twelve equal monthly installments on
the first day of each month, the first o f such installments being payable on the
first day of the second month o f the pension year.
(3) The pension for each year shall be payable pursuant to a pension cer
tificate issued in the prescribed form in respect o f that year and not otherwise.
12. (1) Every application for a pension certificate (in this act termed a pen
sion claim) shall be made in writing in the prescribed form and manner, and
shall be delivered to the registrar of the district wherein the claimant resides,
or to the nearest postmaster, who shall forthwith forward the same to the
registrar.
(2) The date of such delivery of the claim to the registrar or postmaster
shall be deemed to be the date of the making o f the application.
(3) The claimant shall by statutory declaration affirm that the contents of
the pension claim are true and correct in every material point.
(4) The pension claim shall state on the face thereof whether it is an appli
cation for an original pension certificate or for a renewed pension certificate.
13. I f an application for a renewed pension certificate is made later than the
end of the first month of the pension year, the installments of that year’s pen
sion for each complete month which has elapsed before the making of the appli
cation shall be deemed to be forfeited, and shall be excluded accordingly from
the renewed pension certificate, unless the magistrate hearing the application
is satisfied that the delay arose from unavoidable circumstances or is other
wise fit to be excused.
14. (1) Every pension claim shall be heard and determined by a magistrate
exercising the jurisdiction o f the magistrate’s court in the district in which
the claim is made; and the decision o f the magistrate shall be final and con
clusive.
(2) The Governor may, by order in council, make regulations governing the
procedure in the hearing- and determination o f such claims.
15. So soon as any pension claim is established to the satisfaction of the
magistrate hearing the same he shall, in the prescribed manner and form,
certify the same to fihe registrar, who shall thereupon, in the prescribed man
ner and form, issue to the claimant an original or renewed pension certificate,
as the case may be.
16. (1) Each monthly installment o f a pension shall be payable at the postoffice money-order office named in the pension certificate.
(2) On application in the prescribed manner, the office at which installments
are so payable may be changed from time to time.
17. (1) Subject to the provisions o f this act, each monthly installment shall
be payable at any time within one month after its due date on the personal
application of the pensioner and the production o f her pension certificate at
the proper post office money-order office.
(2) Any installment payable in respect o f any month which has expired
before the issue of the pension certificate shall be payable at the same time as
the first installment which becomes due after the issue o f the certificate.
(3) The commissioner may at any time, in his discretion, waive strict com
pliance with the requirements o f this section in any case in which those re380760—ll
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quirements have not been complied with by reason of the pensioner’s illness,
absence, or other sufficient cause, notwithstanding that the above-mentioned
period of payment has already expired.
(4)
In default o f strict compliance with the requirements o f this section,
but subject to any such waiver as aforesaid, every installment in respect of
which such default has been made shall be deemed to be forfeited.
18. (1) On production to the postmaster o f a warrant in the prescribed form,
signed by the commissioner, the installments o f a pension or any of them may
be paid to any clergyman, justice of the peace, or other reputable person named
in the warrant for the benefit o f the pensioner or her children.
(2) Such a warrant may be issued by the commissioner, either with or with
out the consent of the pensioner, whenever he is satisfied that it is expedient
so to do, having regard to the age, infirmity, or improvidence o f the pensioner,
or any other special circumstances.
(3) The person to whom installments are so paid in pursuance o f any such
warrant shall hold the same in trust to expend them in such manner as he
thinks fit for the benefit of the pensioner or o f her children, but the pensioner
shall have no control or power of disposition over any moneys so received in
trust.
(4) Any warrant issued under this section may be at any time revoked by
the commissioner.
(5) While any such warrant remains in force no installment to which it
relates shall be payable except to the person named in the warrant in that
behalf.
19. The written receipt of any person for any installment paid to that person
on the production of a pension certificate or o f a warrant under the .last pre
ceding section shall be conclusive evidence o f due payment of that installment
to the person entitled thereto, nowithstanding any mistake as to the identity
of the recipient or as to any other matter.
20. I f at any time during a pension year the pensioner dies or marries, or
ceases to reside in New Zealand, her pension shall cease, and no installment
thereof which is not then already due shall be payable.
21. The right to a pension or the amount o f a pension shall not be affected
during any pension year by reason merely of the fact that any child o f the pen
sioner has during that year attained the age o f fourteen years, or by reason
merely of the death o f any child o f the pensioner.
22. I f at any time the commissioner has reason to believe that any pension
certificate has been improperly obtained, or has been granted in error, he may
cause the payment of all installments o f that pension to be suspended pending
an inquiry before a magistrate under the next succeeding section.
23. (1) The magistrate may at any time, on the application o f the com
missioner, review any pension certificate, whether still current or already ex
pired, on the ground of any alleged error in the grant thereof, and may either
cancel the same or vary the same by diminishing the amount thereof in such
manner as he thinks fit, having regard to the provisions o f this act.
(2) Any order so made by the magistrate shall take effect retrospectively as
from the commencement o f the pension year in respect of which it is made.
24. When by reason of the cancellation or variation o f a pension certificate,
or by reason of determination during any pension year o f the right to receive
further payments of that pension, any pensioner has received any payments in
excess of the amount to which she was lawfully entitled, all sums so received
by her shall constitute a debt due by her to the Crown, and shall be recoverable
accordingly in any court of competent jurisdiction, or may be deducted from
any moneys thereafter becoming payable to her under this act.
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25. Every person is liable on summary conviction to three months’ imprison
ment who—
(a) By means of any willfully false statement obtains or attempts to obtain
a pension under this act not being lawfully entitled thereto, or a pension
of a larger amount than that person is lawfully entitled t o ; or
(&) Knowingly obtains or attempts to obtain payment o f any installment o f
a pension which has ceased to be payable; or
(c) By means of personation or any other fraudulent device obtains or at
tempts to obtain payment o f any installment o f a pension; or
(d ) Willfully aids, abets, counsels, procures, or incites any person to obtain
or attempt to obtain without right a pension or the payment o f any
installment o f a pension.
26. Every person commits an offence and is liable on summary conviction to a
fine of fifty pounds who receives, demands, or offers or agrees to receive any
money or other reward or remuneration in consideration o f procuring or at
tempting to procure for any other person a pension under this act, but nothing
in this section shall extend or apply to any proper payment for legal services
rendered by any solicitor of the supreme court.
27. A pension under this act shall be inalienable, whether by way of assign
ment, charge, execution, bankruptcy, or otherwise howsoever.
28. A statutory declaration required or authorized by this act or by any
regulations made thereunder may be made before any justice of the peace,
solicitor of the supreme court, registrar, postmaster, or constable.
29. No stamp duty shall be payable on any statutory declaration, receipt, or
other document made or given for the purposes o f this act.
30. The minister o f finance shall from time to time, without further appro
priation than this act, pay out of the consolidated fund into the post office
account by way of imprest whatever moneys are necessary for the payment of
pensions under this act.
31. AH expenses incurred in the administration o f this act other than the
payment o f pensions shall be payable out of moneys to be from time to time
appropriated by Parliament.
32. This act, in so far as it applies to the grant of pensions, shall not
apply to—
(a) Aliens; nor to
(b) Chinese or other Asiatics, whether naturalized or not, and whether Brit
ish subjects by birth or not.
33. (1) The Governor in council may from time to time make regulations
under this act relating to any o f the following purposes or matters:
(a) The procedure in all judicial proceedings (other than criminal proceed
ings) under this act:
(b) The recording or registration o f pension claims, pension certificates, and
all other matters and proceedings in relation to pensions under this a c t:
(c) The duties of the commissioner, registrars, postmasters, and magistrates
under this act:
(d ) The transfer of pension certificates from the register o f one district to
the register of another district:
(e) The issue of duplicate pension certificates in lieu of certificates lost or
destroyed:
( / ) The forms of instruments required or authorized by this act:
(g ) The mode of payment of pensions:
(h ) All other matters in respect o f which regulations are contemplated or
required by this act, or which the governor deems necessary or admissi
ble for the proper administration o f this act.
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PENSIONS— NEW ZEALAND.
(2) Such regulations shall be laid on the table of the House o f Representa
tives within ten days after the commencement o f each session, and referred to
such sessional committee for report as the House directs.
W ID O W S’ PENSIONS AMENDMENT ACT, 1912.1
ANALYSIS.
1.
2.
3.
4.
5
Title.
6. " A n n u a l in co m e
Short title. .
Definition o f “ widow ” extended.
Section 2 of principal act amended.
Section 5 of principal act modified.
Section 5 o f principal act amended.
7. Review of pension-certificate on ground
of altered circumstances of pensioner.
8. On death of widow, guardian may receive
pension on behalf of children.
denn ed.
K epeai.
An Act To amend the Widows’ Pensions Act, 1911. (7th November, 1912.)
Be it enacted by the General Assembly of New Zealand in Parliament as
sembled, and by the authority of the same, as follows:
1. This act may be cited as the Widows’ Pensions Amendment Act, 1912, and
shall form part o f and be read together with the Widows’ Pensions Act, 1911
(hereinafter referred to as the principal act).
2. In thq principal act and this act, unless a contrary intention appears, the
expression “ widow ” shall be deemed to extend to and include any woman
whose husband is detained in an institution under the Mental Defectives Act,
1911, if the magistrate to whom application for a pension certificate under the
principal act is made finds, upon the certificate of the medical superintendent
o f the institution, that the husband is incurable or likely to be incurable for the
period of at least twelve months after the granting of a pension certificate.*
3. Section two of the principal act is hereby amended by omitting from the
definition of “ pension y ea r” the words “ made on which that certificate is
issued,” and substituting the word “ established.”
4. (1) Notwithstanding anything in section five of the principal act, that act
shall apply to—
(a) Any child born out o f New Zealand if its mother was only temporarily
absent from New Zealand at the time of its birth; and
(b) Any child bom out o f New Zealand if its mother has continuously re
sided in New Zealand for not less than ten years immediately preceding
the date o f an application for a pension under the principal a c t:
Provided, That continuous residence in New Zealand shall not be
deemed to have been interrupted by occasional absences therefrom if
she establishes the fact that during such absences her family or home
was in New Zealand.
(2) Section five of the principal act is hereby amended by repealing para
graph (e) thereof.
5. Section five o f the principal act is hereby amended by omitting from
paragraph (6) the words “ unless legitimated by the subsequent marriage of
the parents,” and substituting the words “ unless after the birth of the child
its parents have intermarried.”
6. (1) The term “ annual income” as used in the principal act and this act
means all moneys, valuable consideration, or profits derived or received from
1 Passed to meet certain difficulties and inequalities that had arisen in the operation of
the law of 1911. For legislative history of this amendment, see New Zealand. Parlia
mentary debates, 1912, v. 158 : 148, 157-8, 160; v. 159 : 168 ; v. 160 : 549 ; v. 161: 62-8,
171-2, 174-5, 212, 217, 223-4, 231, 529-32, 636, 662, 696.
2 Dp to March 31, 1913, the benefits of the pension had been extended under this
amendment to 28 wives of inmates of insane asylums, who were the mothers of young
children.
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PENSIONS----NEW ZEALAND.
85
any source for the year immediately preceding the pension year by a widow
and any of her children to whom the principal act as amended by this act
applies, for their own use or benefit, and includes the constructive income com
puted in accordance with subsection three of this section, but does not include
any pension payable under the principal act, nor any relief received from any
charitable institution, nor any capital moneys belonging to a widow or any of
her children to whom the principal act as amended by this act applies with
drawn from a bank and expended for the benefit o f the widow or her children:
Provided, That where a widow is at the date o f her application entitled to
receive from any source during the pension year periodical payments of money
on behalf of herself or o f any o f her children as aforesaid such money shall
be included in the computation of the annual income, although no part thereof
was actually received during the year immediately preceding the pension year.
(2) There shall be deducted from the annual income any personal earnings
of the applicant not exceeding the sum o f one hundred pounds.
(3) If a widow or any of her children to whom the principal act applies is
the owner of any property (other than furniture and personal effects) which
produces no income, or which produces an income less than five per centum of
the value of that property, the widow or child shall for the purposes of this act
be deemed to be in receipt from that property of an annual income equal to five
per centum of the value thereof.
(4) I f a widow or any of her children to whom the principal act applies is
in receipt of any income which is partly derived from property and is partly
personal earnings in respect of that property, the magistrate to whom the
application for a pension certificate is made shall apportion that income in such
manner as he thinks just between the income derived from such property and
such personal earnings.
(5) Money received on the sale or exchange of land or other property and
money received under an insurance policy on the destruction or damage by fire
or otherwise of a building or other property shall not be included in the compu
tation of the annual income.
(6) This section is in substitution for section eight of the principal act,
which section is hereby repealed accordingly.
7. (1) In addition to the powers conferred by section twenty-three of the
principal act, the magistrate may at any time, on the application of the commis
sioner, review any pension certificate during the currency thereof on the ground
of the altered circumstances of the pensioner, and may either cancel the same
or vary the same in such manner as he thinks fit, having regard to the pro
visions of the principal act and this act.
(2) Any order so made by the magistrate shall take effect as from the date
of the order, or from such other date as is fixed by the order.
8. Notwithstanding anything in section twenty o f the principal act, if a
widow in receipt of a pension dies, the guardian or other person for the time
being having the care or control o f her children to whom the act applies shall,
subject to the provisions of the said act and with the approval o f the commis
sioner, be entitled to receive the pension to which the widow would have been
entitled in respect o f her children if she had lived.1
1 The total deaths of widows receiving pensions up to March 31, 1913, was 18. In 14
of these cases application was made and authority given for the continuance of the
pensions to the guardians of the children.
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R
e g u l a t io n s u n d e r t h e
W
id o w s ’
P e n s io n s A
ct,
1911.
Pursuant to and in exercise of the powers in this behalf conferred upon him
by the Widows’ Pensions Act, 1911 (hereinafter referred to as “ the said a c t” ),
His Excellency the Governor o f the Dominion o f New Zealand, acting by and
with the advice and consent of the Executive Council of the said Dominion, doth
hereby, for the purposes of the said act, make the following regulations, that
is to sa y :
REGULATIONS.
Interpretation.
1. In these regulations “ magistrate ” means a stipendiary magistrate; “ in
come year ” means the year ending one month prior to the commencement of
any pension year.
Original pension claims.
2. The original pension claim shall be in the form numbered 1 in the sched
ule hereto, and shall be issued only to or on behalf of a bona fide applicant for
the pension. The claim shall be delivered to the registrar o f the district in
which the applicant resides, and such date of delivery, which shall be plainly
stamped on the claim, shall be deemed to be the date o f the making of the claim.
3. Where a pension claim is signed by a Maori applicant, or by any appli
cant who is the owner o f native land, there shall be annexed a statement setting
forth particulars o f any customary rights or interest held in any block of land,
whether under defined legal title or native custom, and such statement shall be
deemed to be part of the pension claim to which it is expressed to refer, and
there shall be indorsed thereon a certificate by a Government officer, to be given
without fee, that the contents thereof were fully explained to and appeared to
be fully understood by the applicant.
4. Each registrar shall keep a claim register in which all claims delivered to
him shall be recorded and numbered consecutively in the order in which they
are entered, so that no two entries shall bear the same number.
5. The registrar, after recording a claim and noting thereon its registered
claim number, shall forthwith proceed to verify the statements o f the applicant
by the forms provided for the purpose, and while awaiting replies to his in
quiries he shall forward the claim to the commissioner for the registrar gen
eral’s certificate as to widowhood and the parentage and age of the children
under the age of fourteen referred to therein, and for such particulars as to
ownership o f property as are obtainable from the various departments o f State.
6. On return of the claim from the commissioner it shall be forwarded by the
registrar, with replies to all inquiries made, to the magistrate exercising juris
diction in the district, who shall on a date fixed for the investigation thereof
proceed in open court, or, in his discretion, in chambers, to ascertain whether
the applicant is entitled to a pension.
7. In connection with the investigation of pension claims the following pro
visions shall apply:
(а ) I f in the course o f investigation evidence is required on any specific mat
ter, the commissioner, or the registrar, or any person authorized by the
magistrate, may inquire into the same, and for the purpose of such
inquiry free access shall be given to—
(1) The registers and records of any State department or office.
(2) All real and personal property o f the applicant, and all books; vouchers.
and documents relating to such property or to the income of the
applicant.
(б ) The powers o f inquiry and search hereby given shall be limited to speci
fied pensioners or applicants for pension, and shall not be construed as
authorizing any general search or inquiry.
(c ) It shall be . the duty o f all officers of the aforesaid departments and
offices, and of any bank, insurance company, or other corporation carry
ing on business in New Zealand, and o f all officers of the Post Office
Savings Bank, and o f any other Government department which receives
investments o f money from the public, and of any private individual to
make true answers to all questions, and to afford, without fee, all such
information as may be reasonably required for the purpose of prose
cuting such inquiry as aforesaid.
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(d) The magistrate may, in his discretion, accept as testimony for or against
the claim—
(1) A statutory, declaration made by any reputable person, who therein de
clares to what he knows o f his own knowledge to be true; or
(2) Any other documentary evidence, whether strictly legal evidence or
n ot; or
(3) The sworn spoken evidence of any reputable person who deposes to
what he knows to be true; or
(4) The knowledge or observation of the magistrate himself.
(e) The valuations for the time being appearing in the general valuation
roll under the Valuation o f Land Act, 1908, shall, so far as the same are
applicable, be used for the purpose o f assessing -the value of the property of applicants for the pension.
8. No pension claim shall be admitted unless the evidence o f the applicant
is corroborated on all material points.
. . .
9. I f by reason of physical disability or other sufficient cause the applicant
is unable to attend the investigation, and the magistrate is satisfied that the
documentary evidence in support of the claim is sufficient to establish or reject
it, he shall not require the personal attendance of the applicant.
10. For the purposes of such investigation, all the powers under the Magis
trates’ Court Act, 1908, and the Old-age Pensions Act, 1908, shall be available
for compelling the attendance of witnesses or obtaining corroboration of an
applicant’s statements, and every witness shall be examined on oath.
11. The registrar, or some person appointed by him, shall have the right to
appear at the investigation o f any claim and to examine or cross-examine the
applicant or any witness.
, . .
. ,
,
12. The pension claim, with a minute of the magistrate s decision indorsed
thereon, shall be filed by the registrar, and each decision shall be notified by
the magistrate to the registrar, who shall in turn advise the applicant and
note the purport thereof in the claim register.
_
13. I f the magistrate’s decision is that the claim is rejected, his notification
to the registrar shall specify the grounds for rejection, and, after being noted
in the claim register, shall be forwarded to the commissioner, who shall record
and file the same.
.
.
,
14. I f the magistrate decides that the claim is established, he shall forward
to the registrar a certificate of establishment in the form numbered 2 in thé
schedule hereto.
..
. .
15. Upon receipt of the said certificate, the registrar, after noting the claim
register shall enter the contents thereof in the pension register hereinafter
referred to, and, after indorsing thereon the next available number therein, shall
then forward it to the commissioner, who shall record and file the same.
16 The commissioner shall, in respect of each magistrate’s certificate of es
tablishment received by him, having regard to the provisions of the said
act, issue a pension certificate in the form numbered 3 in the schedule hereto.
Pension register.
17. The pension register shall contain particulars of each magistrate’s cer
tificate and also of each transfer warrant received by the registrar, and all
entries’ therein shall be numbered consecutively so that no two entries in the
same register shall bear the same number. There shall also be recorded therein
particulars of any circumstance affecting the payment of a pension, and the
registrar shall, in respect of every such record, the notification of which is not
otherwise provided for in these regulations, forthwith advise the commissioner
in writing, or by telegraph if the record relates to the payment of any install
ment the due date of which has passed.
Pension certificates.
18 The pension certificate shall set out on the face thereof the office o f pay
ment and also the date on which the first installment falls due, which in the
case of the first year’s pension shall be the first day of the. calendar month next
after the date of the making o f the claim, and the same date in each year
thereafter.
19 I f a pension certificate is lost, destroyed, or mutilated, the pensioner or
her duly authorized agent appointed under these regulations may make ap
plication by statutory declaration to the registrar or postmaster, who shall
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forward the application to the commissioner with his recommendation. After
satisfying himself that the original certificate has been lost (destroyed, or
mutilated, as the case may be, the commissioner shall issue a duplicate certifi
cate, which shall bear across its face the word “ Duplicate,” and he shall
instruct the paying office to pay on duplicate certificate only: Provided, That
the issue of such duplicate may be delayed by the commissioner, at his discre
tion, for a period not exceeding one month from the date of the application, to
give an opportunity for the finding of the original.
20. The application for transfer o f a pension from one district to another
shall be made in writing, and with respect thereto the following provisions
shall apply:
(ft) It shall not be granted unless the registrar to whom the application is
made is satisfied that the pensioner is about to change or has permanently
changed her residence to the new district, nor unless the pension certificate is
lodged with the application, for which latter a receipt shall be issued as a
subsequent means of identification.
(&) For the purpose of effecting the transfer the registrar of the district
in which the pension is registered shall issue a transfer warrant, and shall
transmit the same, together with the pension certificate and all papers relating
to the original granting of the pension and any renewal thereof, to the regis
trar o f the new district.
(c) The registrar issuing the transfer warrant shall note the transfer in
his pension register, and shall forthwith forward the application duly noted
by him to the commissioner, who shall issue the necessary instructions to the
paying office.
(d) The registrar receiving the aforesaid warrant and pension certificate
shall note the contents of the warrant in his pension register, and, after supply
ing the new number by which it is recorded, forward it by first mail to the
commissioner, and in exchange for the receipt previously issued for the pen
sion certificate shall deliver the said certificate to the pensioner or to the duly
authorized agent appointed under these regulations, having first noted thereon
the new number and the names of the new district and paying office.
(e) The receipt for the pension certificate shall be attached to the pen
sioner’s former papers, which shall be filed by the registrar.
21. I f the pensioner or other person duly authorized to receive payment of the
installments of a pension desires that the office of payment only shall be
changed, she or he shall make application in the form numbered 4 in the sched
ule hereto to the postmaster or to the registrar o f the district in which she or
he may be residing, and in support thereof shall produce the pension certificate.
The officer receiving the application, after noting the change o f office o f pay
ment on the pension certificate, which he shall return to the applicant, shall for
ward the application to the commissioner, who shall issue the necessary instruc
tions to the paying office.
Payment of pensions.
22. The commissioner shall, in respect of every pension granted, provided pay
ment has not been stopped for any reason, transmit to the paying office in every
month a form of advice o f payment o f the instalment falling due on the first
day of the following month, and such advice shall constitute the form of receipt
for the said instalment.
23. When receiving payment o f any installment o f a pension, the payee shall
give a receipt for the same, and when making payment the paying officer shall
note on the back o f the produced pension certificate the date and fact of such
payment by affixing thereto his signature and office stamp: Provided, That the
paying officer, if not satisfied as to the identity of the payee, shall withhold pay
ment and report to the commissioner.
24. I f the payee is other than the pensioner, the payee shall in such receipt
certify that to his certain knowledge the pensioner is alive and residing in New
Zealand, giving address, and that the installment applied for is properly payable.
25. The paying officer shall, in every case where the last installment covered
by a pension certificate has been paid, retain the said certificate, and forward
it with his accounts.
26. Whenever any installment is payable under a warrant issued under these
regulations, the pension certificate shall be produced by the payee at the time
of payment, together with the warrant; and, where the aforesaid warrant re
lates to a single installment, or the last o f a series o f installments, it shall be
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MOTHERS' PENSION’S— NEW ZEALAND.
89
delivered up to and retained by the paying officer on payment of such install
ment, and forwarded with his accounts.
27. In the event of any installment being paid on production o f a lost pension
certificate after the issue o f a duplicate of such certificate, or on a pension
certificate during the currency of a warrant directing payment to other than the
pensioner, the holder of such duplicate or warrant shall have no claims against
His Majesty in respect o f the installment so paid.
28. In the event of any installment being forfeited in terms o f section 17 of
the said act, the pensioner or other person authorized to collect the pension
may make application to receive such installment in writing to the registrar or
to the paying postmaster, to whom the pension certificate shall be produced, and
such application shall be forwarded for consideration with a recommendation
as to payment to the commissioner, who shall notify his decision direct to the
applicant.
Agents' warrants.
29. With respect to a warrant issued in terms of section 18 of the said act,
authorizing payment o f instalments to any person for the benefit o f the pen
sioner or of her children, the following provisions shall apply:
(а) The application for such warrant shall be made in writing to the regis
trar or to the paying postmaster, and shall be forwarded to the commissioner
accompanied by the pension certificate, if the pensioner consents to the appli
cation. I f the pensioner does not consent to the application and refuses to give
up the pension certificate, the application shall state tfiese facts.
(б ) The proposed payee, who must be a European of good repute, shall have
reached the age of twenty-one years.
(c ) The warrant, which shall be signed by the commissioner, shall be in the
form numbered 5 in the schedule hereto, and shall continue in force only dur
ing the currency of the pension certificate to which it is expressed to relate:
Provided, That it may be renewed upon the issue of a renewed pension certifi
cate, and provided that it may be canceled by the commissioner at any time for
good cause shown.
( d) No such warrant shall be issued in respect of a pension where the pen
sioner is absent or about to be absent from the district in which the agent is
residing, unless under special circumstances, which shall be set forth in the
application.
(e) The commissioner shall issue the warrant, together with the pension cer
tificate if it has been forwarded with the application, direct to the person en
titled thereto.
( / ) If the pensioner does not consent to the application and refuses to give
up the pension certificate, then, if the commissioner thinks fit to issue a war
rant, the paying officer shall retain the pension certificate when next it comes
into his hands, and forward it to the commissioner to be forwarded to the per
son entitled to the warrant.
iff) A warrant surrendered to the registrar at any time, or to the paying
officer during its currency, shall be forwarded to the commissioner without
delay.
Renewals o f pension.
30. For the purpose of ascertaining whether a pensioner is entitled to a re
newed pension certificate, the following provisions shall apply:
(a) An application shall be made to the registrar by the pensioner in the
form numbered 6 in the schedule hereto immediately after the close o f the
income year: Provided, That where no application is lodged within three
months after the expiry of the said income year, the registrar shall strike the
pensioner’s name off the pension register, and notify the commissioner that he
has done so, and any subsequent application for a pension shall be made as an
original claim, and treated accordingly.
(&) In order to facilitate the prompt furnishing of the application, the com
missioner shall in each month forward to the registrar a list o f pensions the
income years of which are about to expire, accompanied by a blank form of
application in each case, and the said forms o f application shall forthwith be
issued by the registrar to the respective pensioners.
(c) On receipt of the application duly completed, the registrar shall forth
with proceed to verify the statements o f the pensioner by the forms provided
for the purpose, and in due course shall transmit the application, with replies
to all inquiries made, to the magistrate exercising jurisdiction in the district.
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90
MOTHERS
PENSIONS----NEW ZEALAND.
( d) The magistrate shall forthwith proceed to investigate the application in
the same manner, with the same powers, and subject to the same provisions as
in the case of an original pension claim, with all necessary modifications.
31. Having ascertained that the requirements o f the said act have or have
not been conformed to, the magistrate shall indorse his decision on the appli
cation, and shall furnish to the registrar a certificate in the form numbered 7
in the schedule hereto, and the registrar, after noting the purport thereof in
the pension register, shall forthwith forward the said certificate to the com
missioner, who shall record and file the same: Provided, That in every case
where any alteration has been made in the amount o f property previously
owned, or where any change has taken place in the circumstances of a pen
sioner necessitating a variation in the amount o f pension, the registrar shall
supply the commissioner in writing with particulars o f such alteration or
change.
32. The commissioner shall, in respect o f each such certificate received by
him, having regard to the provisions o f the said act, and provided the certifi
cate shows the pensioner to be entitled thereto, issue a pension certificate in
accordance therewith in exchange for the expired certificate.
33. Where, at the investigation o f any application for the renewal of a pen
sion, it is found that by reason of excess of property or income the pensioner
is no longer qualified to receive the pension, or has drawn any pension in
excess of the amount allowed by law, the registrar shall make application to
the magistrate to have tjie pension certificate then current cancelled forthwith;
and the registrar shall, in the event of any instalment having been collected
subsequent to the receipt of such excess of property or income, call upon the
pensioner to make refund of such instalments so collected.
Proceedings under sections 23, 24, and 25.
34. Any inquiry under section 23 o f the said act shall be disposed of in the
same manner and with the same powers as in the investigation of a pension
claim, and for that purpose the provisions of the said act and of these regula
tions shall apply with all necessary modifications. The decision of the magis
trate shall be notified to the registrar in writing, and, after being noted in
the pension register, shall be forwarded to the commissioner, who shall record
and file the same, and take such action as is necessary to comply with the
terms thereof.
35. Where, as a result of any such inquiry or by any other means, it is ascer
tained that the pensioner has been paid in excess o f the amount to which she
was by law entitled, or that the pensioner or any person is guilty o f fraud
and liable to the penalty provided by section 25 of the said act, and where it
is decided by the commissioner to institute proceedings in the magistrate’s
court, the said proceedings, in the case o f an action for recovery of pension
overpaid, shall be by plaint, as provided by the Magistrates’ Courts Act, 1908,
and in the case of a prosecution for fraud shall be by information laid in
terms of the Justices of the Peace Act, 1908.
36. All proceedings under the said act whether in respect o f an offence here
tofore or hereafter committed, or o f moneys recoverable under section 24 of
the said act, shall be taken before a magistrate alone, and may be so taken
at any time not exceeding six months from the time when the facts first came
to the knowledge of the commissioner. In all such proceedings the registrar,
or other person appointed by the commissioner, may appear on behalf o f the
commissioner, and the fact that any person so appears shall be sufficient evi
dence of his authority so to do.
37. No court fees shall be payable in connection with any proceedings before
a magistrate under these regulations.
38. All moneys received by way of refund, either with or without court
proceedings, shall be paid into the public account at the nearest branch of the
Bank of New Zealand, or, in the absence of any such bank, into the post-office
account at the nearest post office, and the registrar shall forward the bank or
post-office receipt to the commissioner without delay, giving particulars of such
refund.
Returns.
39. The registrar shall despatch to the commissioner immediately after the
close of each month returns for the said month as under—
(a) A return of all new pensions granted during the month, indicating
therein in their respective numerical order the numbers that have been allotted
to transferred pensions.
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MOTHERS
PENSIONS— NEW ZEALAND.
91
(6) A return o f all original pension claims investigated by the magistrate
during the month and not granted, giving the reasons for rejection or adjourn
ment.
(c) A return o f the applications for renewed pension certificates refused
or adjourned during the month, giving the reasons for such refusal or adjourn
ment.
Duties o f Government officers.
40. It shall be the duty of all Government officers to assist applicants in the
preparation of their pension claims.
41. It shall be the duty of every registrar o f the supreme court or clerk of
a magistrate’s court, if at the time of the conviction in his court of any female
for any offence he has reason to believe that such female is a widow, to ascer
tain whether the said female is a pensioner under the said act, and if so to
notify the commissioner in writing accordingly.
42. It shall be the duty o f every registrar o f deaths to notify the commis
sioner in writing of the death of every widow leaving children of the age of
fourteen years and under, whose death is reported to him.
43. It shall be the duty of officers of the police force, in addition to assisting
applicants in the preparation o f their pension claims, to render such service as
may be required by the commissioner, or the registrar, in connection with the
investigation of any claim or any inquiry under the said act. Authority to
incur expenditure by any such officer on any occasion must be obtained before
hand from the commissioner through the local registrar.
44. These regulations shall come into force in the 1st day of January, 1912.
F orms under the W idows’ P ensions A ct, 1911.
ORIGINAL PENSION CLAIM.
No.-
[This form is to be issued only to or on behalf of a bona fide applicant for pension.]
To the registrar of pensions at ---------- :
I,
the undersigned, being a widow, hereby make claim for a pension under the afore
said act.
M y present full name i s ---------. M y former full name was [or names w ere]--------- . M y full address is
---------. M y occupation is [or was] - — ;—. I have lived previously in New Zealand a t --------- . I was born
a t ---------, in the country o f --------- , on th e ------ day o f ----------. 18—. I am a British subject [state if b y birth
or naturalization] (and produce naturalization papers of self or late husband). I arrived m New Zealand
on the -— day o f -------- , 1—, at the port o f --------- , in the s h ip --------- . [If absent from New Zealand during
the past six months, state when.] 1 was married a t --------- , on t h e ------day o f ----------, 1—. M y late hus
band’s name w a s------------------- . H e died a t --------, on th e ------- day o f ---------, 1—. His death was registered
a t ---------. The total number of children b om to me is [quote number only].
The following particulars relate to all m y children who are under fourteen years of age and are dependent
on me for their support:
Names of children in full (under fourteen years).
Dates of birth. Places of birth.
Places of
registration
of birth.
The name and address of a person [who must be well known and not a relative] who knows my circum
stances are as follows:
[Registrar to issue Form H],
The income of myself and of such of my children as are under the age of fourteen years during the past
twelve months has been as follows:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
Salary, wages, or other personal earnings.............................................. .....................................
Profits from business...................... ................................................. ........................... ...............
Superannuation or other pension...............................................................................«4..-............
Annuity from life assurance company or other source................................................. .................
Money left by will or legacy........................................................................................... ............ .
Dividends from shares, debentures, or investments of any kind...................................................
Money from life assurance company—such as loan, bonus, surrender value, or sum assured........
Money received as compensation for accident, loss of office, or other cause...................................
Interest on money lent on mortgage, in bank, or other institution........................; ......................
Money derived by way of rent from property.......................... . .................................................
Money derived from sale of milk, grain, or produce of any kind................................................ .
Money withdrawn from bank or obtained by mortgage on property.............................................
Allowances or valuable consideration received from relatives or other persons........... . ...............
Estimated value of free board and lodging...................................................................................
The names and addresses of the persons from whom above income was received are as follows:
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Federal Reserve Bank of St. Louis
£
92
MOTHERS
PENSIONS— NEW ZEALAND.
[Registrar to issue Form Gl or G2],
The following interests in land and house property are owned by me or my children under fourteen
ears of age:
Description.
Section and
block Nos.
Locality.
Area.
Government
valuation.
A. R. P.
Freehold..............................................
Leasehold....................................................
Life interest.......................................
N ote .—P articulars of native land to be supplied on separate form.
[Registrar to issue Form C.]
The above property is mortgaged to [give full name, address, and occupation of mortgagee].
The amount owing on this mortgage at the present time is £ ——
[Registrar to issue Form I.]
Money owned by me or my children under fourteen years of age is as follows:
Amount in
bank.
In Post Office Bank....................................
In Bank of New Zealand.....................
In Bank of New South Wales......................
In Bank of Australasia..........................
In Union Bank of Australia...............
In National Bank of New Zealand...
In any other institution.........................
In any building society........................
£ s.
Where account Amount with
kept, and No. drawn during
past twelve
of pass book.
months.
d.
£ s. d.
[Registrar to issue Forms B and D.]
Other property owned by me or by my children under fourteen years of age is as followsFurniture and personal effects [if insured, give insured value].....................
Cash in hand, or lent to, or in hands of [give name and address]..."” " '" ........
Live stock [sheep, cattle, horses, etc.].......................................... ............................................. ........
Value of shares, debentures, or bonds in any company, institution,’ building",’ or othersrciVt’y" "(parucuiarsj...................................... ...................... .
Value of interest in business, stock in trade, or venture of any’kind [particuiars]..............................
Any other property (not already specified) [particulars]............................. '...S/.Y.Y.'.'Z'.VYV.
Total................j ....................................... ................................................
........
Particulars of bill of sale or mortgage on any of this property are as follows:____ :
[If any of this property is insured, state which, and give amount of insurance------— ]
t h s ° Wmg property’ owned by me or my children, has been transferred or sold during the past twelve
Description.
Freehold or leasehold......................
Cash, or money on mortgage........ .
Furniture, stock, shares................
Interest in business.................................
Life or other interest..............................
Name and ad
dress of person
to whom
transferred.
Date of
transfer.
Amount re
ceived for
transfer.
£ s. d.
follows ™0ney received by me for transfer of above property has been disposed of as
In addition to property now owned or transferred as shown in the foregoing statement
money or other valuable consideration has been .received and disposed of bv me or mv
children under fourteen during the past twelve months as follow s:
•
J
In the event of a pension being granted to me, I desire—
1. That installments be made payable at the post office a t ---------by S ^ e d T e T t e r ! ] ^
b® arranged at any post offlce which is not a money-order office
2. That, on account of my physical inability to attend the above post offlce, installments
be made payable for the benefit of myself and children to— Full name
Occupation and address, ---------- .
'
I do hereby solemnly and sincerely declare that the contents of this my claim are true
*
every particular, and that to the best of my knowledge and belief 1 have
fulfilled all the requirements and am exempt from all the disqualifications under the
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MOTHERS
PENSIONS----NEW ZEALAND,
93
aforesaid act up to the date of this my claim, and am entitled to a pension. And I make
this solemn declaration conscientiously believing the same to he true, and by virtué of
the provisions of an act of the General Assembly of New Zealand intituled the Justice^
of the Peace Act, 3908.
---------------------- [Signature of applicant.]
Declared by the said —>
-------------------, a t -----------, t h is ------- day o f ---------- , 19— , before
me, the declarant fully understanding the contents of this cla im ,------------------ — , justice
of the peace [or solicitor, or registrar of pensions, or postmaster, or constable.]
This is to certify that the contents of this claim have been read over and fully
explained to the applicant, who appeared to fully understand the meaning thereof.
[Date.]
Postmaster [or Cleric of Court, or Constable, or Registrar of Pensions].
Magistrates notes.
I have investigated the application herein, and And the following facts proved: 1. Ap
plicant is a widow. 2. Applicant is a British subject. 3. Applicant has ---------- chil
dren who are under fourteen years of age. 4. Applicant has been resident in New Zealand
for six months. 5. Applicant has not transferred property to qualify for the pension.
6. Applicant is of sober habits and of good moral character. 7. The income of applicant
and such of her children as are under fourteen is as follows :
(а) Personal earnings___________________________ ___________________________
Less exemption----------------------------------------------------------------------------(б) Actual income from property------------------------------ ----------- ,--------------------- (c) Actual income from all other sources____________!_______________ _____
(d) Constructive income in terms of section 8 (2) : Home, £—— ; furniture
and effects, £------- (less mortgage, -------) ______ _______________________
C a s h ------------- ---------- -------------- ----------------------------- ------------------------ —-----All other property---------------------------------------------------------------------— .------Less mortgage------ ---------- --------------------------------------------- .------ -—
Total------------------------------ ---------------------------- ;------------- _________
5 per cent________________________________________________________ '------
£
£
100
Total income.
Notes : ---------- .
Decision : ---------- .
Date: ---------- , 191-.
------------------ -— , Stipendiary Magistrate.
m a g is t r a t e ’s c e r t if ic a t e o f e s t a b l is h m e n t .
Claim N o .-------.
D istrict,---------- . Pension N o .-------.
I hereby certify that the above-numbered claim, made by -------------- -------- [occupation;
if no present occupation, state former occupation], of ---------- , has this day been inves
tigated by me, and it has been proved to my satisfaction—
1. That the applicant fulfills the conditions of the aforesaid act.
2. That the applicant is the mother o f ----- - child [ren] under the age of fourteen years,
and is entitled to a maximum pension of £-------, subject to the deduction shown hereunder.
3.
That the applicant’ s income from all sources is as follows:
Net in
come.
(a) Incom e from personal earnings............................................. ........................ ............ £
Less statutory exem ption....................................................................
(5) Actual inc<5me from property [to be included only when more than 5 per cent of value
of property (see below )].... . ......................................................................................................
(c) Actual income from other sources............................................................................................ .
{d ) Constructive income (in terms of section 8 (2)):
On account of hom e........... ....................
£
Less mortgage.................................................
£
■ -------------
On account of furniture and effects.............................................. . . . £
Less mortgage....................................................................
£
£
On account of c a s h .................................................................................................£
On account of other property1...............................
£
Less m o rtg a g e ......................................
£
.
---- £
Total property.................. .......................................... v.................................£
F ve per cent, of property [to be included when more than actual income from property
(see above)]............... .............................................. ..................................................................
Total income....................................... .
Deduction on account of income in excess of £ 3 0 ..
Decision: The applicant is granted a pension of £ .
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Federal Reserve Bank of St. Louis
1 Particulars of other property.
£100
MOTHERS* PENSIONS— NEW ZEALAND.
94
The pension year commences on the 1st day of —------, 191-.
-, M agistrate.
Pate.]
Payment is desired at the--------post office.
..
.
Warrant under section 18 is required on account of------- , in favor of [full name, occupation, and address.]
Noted in claim register and in pension register: [Initials of registrar.]
PENSION CERTIFICATE.
The pension being for the personal support of the pensioner, this certificate is absolutely inaliénable
whether by way of assignment, charge, execution, bankruptcy, or otherwise howsoever.
(Not transferable.)
District,------- .
Certificate N o.----- .
This is to certify that---------------- has been granted a pension o f----- pounds sterling, payable by twelve
equal monthly installments of £------------, of which the first installment is payable on the 1st day of------- .
191-, and each subsequent installment on the first day of each calendar month thereafter, at the post
office at -------.
Countersigned:
_
, .
.......- — .., Commissioner.
[Date.]
Specimen of signature of pensioner:-----------------.
Cau tion .—Installments of pension are payable for a period of one calendar month after due date, and
should be collected during that month.
APPLICATION FOB CHANGE OF OFFICE OF PAYMENT.
[N ote .— Payment can be made at any post office in New Zealand not a money-order
office by registered letter.]
Pension certificate No. ---------- .
District, ---------- .
_______________[address], being the pensioner [or, as the case may be, the duly
authorized agent], pursuant to the above-numbered pension certificate, hereby apply
that the office of payment may be changed from -------- — to ---------- , on the grounds
that -------- - .
.
. ,,
The installments required at the new paying office are as follows :
---------------------- [signature of applicant].
[Date.]
To be forwarded through registrar in every case.
X
The commissioner, Wellington:
For your information. The change has been noted in my widows’ pension register,
and the pension certificate has been altered.
---------------------- , Registrar a t ---------- .
WARKANT UNDER SECTION 1 8 .
To be surrendered on payment of the installment due 1 s t ---------- , 19—.
District, ---------- . Pension certificate No. -------.
I hereby direct that the installments of pension payable pursuant to the attached
pension certificate shall be payable for the benefit of the pensioner and her children to
[full name, occupation, and address].
Countersigned:
[Date.]
---------------------- f Commissioner.
Caution .— It is not lawful for an agent, appointed under this warrant, to collect an
installment after the death or remarriage of the pensioner, or while the pensioner is
not residing in New Zealand.
APPLICATION FOR RENEWED PENSION CERTIFICATE.
Claim No. --------- .
Previous pension, £---------- .
Pension No. -------— .
To the registrar of pensions a t ---------- :
I the undersigned, hereby make claim for a renewal of my pension under the afore
said act, to be made payable at the —------- post office. Mv full name is —
•
Mv full address i s ---------- . The names of my children who are still under the age of
fourteen years a re : -----------------------. It is my wish that installments of my pension
shall continue to be drawn by [name, occupation, and address]. For the twelve months
ended the 1st day of ---------- , 191-, the income of myself and of such of my children
as are under the age of fourteen years has been as follow s:
1.
2.
3.
4.
o.
6.
7.
8.
9
10l
11.
12.
Salary, wages, or other personal earnings--------------------------- -----------------------Profits from business------------------------------- ------------------------------------------------------Superannuation or other pension----------- -------------------- ------------------- ---------------Annuitv from life assurance company or other source------------------------------ -----Money 'left by will or legacy— ----------------------------- --------- -— ---------------------Dividends from shares, debentures, or investments of any kind----------------- —
Money from life assurance company, such as loan, bonus, surrender value,
or sum assured------------------------------------------------------------------------ -----------------Money received as compensation for accident, loss of office, or other cause—
Interest on money lent on mortgage, in bank, or other institution------------- —
Money derived by way of rent from property---- ----------------- - - - ------------------Money derived from sale of milk, grain, or produce of any kind-----------------Money withdrawn from bank or obtained by mortgage on property----------- -
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MOTHERS
PENSIONS— NEW ZEALAND.
95
£
13. A llo w a n ce s o r v a lu a b le con sid e ra tio n receiv ed fro m rela tiv es o r o th e r p e r s o n s 14. E stim a ted va lu e o f fre e b o a rd a n d lo d g in g ------------------------------ ----------------------------
Total_________________________ :------------------------------------- --------------Actual date of receipt of income exceeding £60 (other than personal earnings) w a s ---------. Names and
addresses of persons from whom above incom e was receiv ed :--------- .
[Registrar to issue Forms G1 or G2.]
Property owned b y me and m y children under 14 years of age is as follows:
Owned b y
me.
Owned b y
my
husband
[wife].
£
£
The above property is mortgaged to [give full name, address, and occupation of mortgagee]:---------.
A m ount owing on said mortgage at the present tim e is: On hom eandfurniture, £ --------- ; on other property
[Registrar to issue Form 1.]
Property sold or transferred b y me during the past year is as follows:
Name and ad
dress of person
to whom sold
or transferred.
Description.
Am ount
received
for
transfer.
£
The m oney received b y me for transfer of property above has been disposed of as follow s:---------.
In support of m y application I solemnly and sincerely declare as follows: (1) That the contents of this
m y application for renewal of pension are-correct in every detail. . (2) That, to the best of m y knowledge
and belief, I have fulfilled all the requirements and am exem pt from all the disqualifications under the
aforesaid act. And I make this solemn declaration conscientiously believing the same to be true, and b y
virtue of the provisions of an act of the General Assembly of N ew Zealand intituled the Justices of the
Peace A ct, 1908.
.
------------------- . [Signature of pensioner.]
Declared b y the said------------------- , a t --------- , th is------day o f----------,191-, before m e ,------------------ , justice
of the peace [or solicitor, or registrar of pensions, or postmaster, or constable.]
Magistrate’s notes.
I have investigated the application herein, and find the following facts proved: 1. Applicant is still a
w idow . 2. Applicant h a s ------children under fourteen years of age. 3. Applicant has not transferred
property to qualify for the pension. 4. Applicant is of sober habits and of good moral character. 5.
The income of applicant and such of her children as are under fourteen is as follows:
(а )
P e rson a l ea rn in g s £--------, p en sion £ ----------------------------------------------------------------Less e x e m p t io n -----------------------------------------------------------------------------------------( б ) A ctu a l in com e fro m p ro p e rty -------------------------------------- -----------------------------------( c ) A ctu a l in com e fro m a ll oth er s o u rce s -------------------------------------------- --------------( d ) C o n stru ctiv e in com e (in term s o f section 8 ( 2 ) ) :
H om e, £--------; fu r n itu re a n d effects, £ --------------------------------------£
L ess m ortga ge-------------------------------------------------------------------------
£
£10 0
C a s h ------------------------A ll oth er p r o p e r t y L ess m ortgage.
F iv e
T o t a l—
p er cent.
T otal
N otes : —
D e cis io n s :
D a te : ------
incom e.
-, 1 9 1 -.
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Federal Reserve Bank of St. Louis
Stipendiary Magistrate.
96
MOTHERS
PENSIONS— NEW ZEALAND.
m ag istrate ’ s certificate a s to r e n e w a l of p e n s io n .
D istrict,---------- . Pension No. -------.
I hereby certify that I have investigated the application for renewal made by [name
and address], and am satisfied on the following points:
(1) That the conditions of the aforesaid act have been complied with [or, as the case
may be, have not been complied with In so far as relates to section —* of that act].
(2) That the pensioner is the mother of ----- children under the age of fourteen
years, and the maximum pension payable is £—--- , subject to the deduction shown here
under.
(3) That the pensioner’s income from all sources is as follow s:
Net
income.
(o) Income from personal earnings, £—; pension, £ —................. ................................£
Less statutory exemption....................................................... . ............... .. — £ 100
( 6) Actual income from property [to be included only when more than 5 per cent of value of
property—see below].........................................................................................................
(c) Actual income from other sources........................... .............. ..............................................
(a) Constructive income (in terms of section 8 (2):
On account of home........... ..............................................
£
Less mortgage............................................................................... £
On account of furniture and effects.............. ............. ................. .
Less mortgage................................. ............ .
— ............. .
£
------ £
£
£
-------- £
On account of cash.........................
On account of other property1 ............... : ................................... £
Less mortgage.............................................
£
Total property........... ................................................................................ .—
£
£
Five per cent of property [to be included only when more than actual income from proper
ty—see above]......................................................................... .....................................................
Total incom e.................................... ...................................................................... .—
£
Deduction on account of income in excess of £30..................................................................................
Decision: The pensioner is granted a pension of £ ............. ................................................................
1 Particulars of other property.
The pension year commences on the 1st day o f------- , 191-.
[Date.]
•
Payment is desired at the------ - post office.
Renewal of warrant under section 18 required in favour of------- Noted in pension register: [Initials of registrar].
---------- , Magistrate.
Cleric o f the Executive Council.
[Extract from New Zealand Gazette, November 23,1911.]
O peration
of
Law .
The Widows’ Pensions Act created no new machinery for its administration,
but instead made use of that already existing for old-age pensions. As the
system in operation under the old-age pensions acts was readily adaptable to
the new measure, the inauguration of the scheme was carried out without any
hitch. The act was passed on the 28th of October, 1911. Copies o f the act
were distributed immediately to the various registrars and the regulations
under the act gazetted on the 23d o f November. By the second week of De
cember forms of applications were available from one end of the Dominion to
the other, with the result that pensions were being granted within a few days
of the law coming into force on January 1, 1912.
During the first fifteen months o f the operation o f the law, from January 1,
1912, to March 31, 1913, a total of 1,865 claims for pensions were lodged, of
which number 1,448 were established, 338 rejected, and 79 were awaiting in
vestigation March 31, 1913. The number of children under 14 on whose account
pensions were granted was 3,527, the total number of children in the 1,448
families being 7,297. Average number o f children under 14 per family, 2.44;
average of family, 5.
There were on the roll March 31, 1913, 1,313 pensioners with a total annual
liability of £24,768 ($120,620.16) ; average pension £18 17s 3d ($91.86). 224 of
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Federal Reserve Bank of St. Louis
MOTHEES
PENSIONS— NEW ZEALAND.
97
the widows were receiving a pension o f £30 ($146.10) ; 239 a pension of £24
($116.88) ; 346 a pension of £18 ($87.66) ; and 406 a pension o f £12 ($58.44).
98 widows in the four groups, who had incomes in excess o f the amount exempt
from consideration, were receiving pensions at the slightly lowered rates pro
vided for in sections 7 and 8 o f the principal act.
The income and property o f the 1,313 widows’ pensioners at the end of the
year (exclusive o f the pensions) were as follows:
Income—
From property................................................................................
From other sources (including personal earnings).........................................
£8,431
38,998
541,058.97
189,920.26
Total............................................................................................
Average income per pensioner.................................................................
47,429
36
230,979.23
175.32
115,885
36,791
41,172
564,359.95
179,172.17
200,507.64
193,848
53,178
944,039.76
258,976.86
140,670
107
685,062.90
521.09
Property—
Homes........... ............................................................................
Cash........... ....................................................................................
Other property..................................................................................
Less mortgages...........................................................................................
Total.................................................................................................
Average amount of property per pensioner................ .................................
Of 903 of the 1,313 widows the occupation given was domestic duties; of
100, charwoman; of 48, dressmaker; of 41, boarding housekeeper; of 38, nurse;
of 34, laundress; of 17, factory hand; of 16, tailoress; of 15, machinist; of 13,
dairy farm er; o f 12, shopkeeper; of 9, shop assistant; of 7, postmistress; of
6, farm er; of 6, music teacher. The remaining 48 were scattered under a num
ber of different occupations.
Only 36 of the 1,313 widows on the roll March 31, 1913, were over 55 years
of age. (The amendment of 1911 to the Old-age Pension Act provides an old-age
pension in excess of the maximum available as » widows’ pension to women
55 or over with children under 14.) The remainder represent approximately
15 per cent of the total number of widows in the Donfinion between the ages
o f 20 and 55.
(From the fourteenth and fifteenth annual reports of the New Zealand pen
sions department, 1912-13.)
38076°—14----- 7
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Federal Reserve Bank of St. Louis
L I S T O F R E F E R E N C E S O N “ M O T H E R S ’ P E N S IO N S .
Massachusetts report on widows’ pensions [with comment by
Professor Foerster]. American Economic Review, Sept., 1913, v. 3 : 739—746.
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A l m y , F r e d e r ic .
Public pensions to widows. Experiences and observations
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motherhood. Collier’s, Aug. 17, 1912, v. 49 : 20—21.
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Assistance to needy children. Nation, Apr. 17, 1913, v. 96: 378.
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A
nthony,
Report of boarding-out department: p. 34-37.
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1, 1910, to June 30, 1912. Sacramento, 1912.
“ Aid to widowed mothers ’b: p. 43.
C. C. Public pensions to mothers with dependent children. Child,
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459-466.
Carsten s,
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36 p. (Publication No. 31.)
Report of an investigation made for the Russell Sage Foundation in Chicago, San
Francisco, Kansas City, and Milwaukee.
-------— [The widows’ pension controversy.] Survey, Feb. 22, 1913, v. 29:
737-738.
--------- Widows’ pensions of doubtful value. (In Indiana. Board o f State chari
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City funds to widowed mothers. Jewish charities, May, 1912, v. 2 :1 .
C l e l a n d , E t h e l . Pensions for mothers. Amer. Political Science Rev., Feb.
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Colorado. State board of charities and corrections. Quarterly bulletin, Janu
ary, 1914.
Operation of mothers’ compensation act to June 30, 1913: p. 7-8.
Conference on care o f dependent children, Washington, 1909. Proceedings.
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Doc. 721.)
R e so lu tio n o n hom e c a r e : p. 9—10.
H ow to help, a manual of practical charity.
The Macmillan Company, 1909.
C o n y n g t o n , M ary .
New York,
Widows with children : p. 185-195.
County pension law for needy mothers.
Survey, Aug. 5, 1911, v. 26 : 634-635.
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P. Women. II The city as a mother. Pensioning school
children and mothers. . , World’s Work, Nov., 1912. v. 25:111-117.
98
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Federal Reserve Bank of St. Louis
LIST OF REFERENCES ON MOTHERS
D evine, E dwabd T.
Pensions for mothers.
PENSIONS.
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Survey, July 5,1913, v. 30: 457-460.
Substance of a paper read at the Conference of social insurance, Chicago, June 6-7,
1913, printed in the Amer. Labor Legislation Rev. for June, 1913, and in The
Child, Aug., 1913.
—-------Pensions for mothers [and summary o f existing mothers’ pension laws],
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Paper read at the Conference on social insurance, Chicago, June 6-7, 1913. Printed
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E instein , Mrs. W illia m . The keeping together of families. {In New York
City conference of charities and correction. Proceedings, 1912. p. 61-65.)
--------- The keeping together of families [and discussion]. {In New York City
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--------- Pensions for widowed mothers as a means of securing for dependent
children the benefits o f home training and influence [with discussion by
Frederic Almy and others]. {In New York State conference o f charities and
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Endowing motherhood. Literary Digest, Dec. 7, 1912, v. 45:1066-1067.
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H albert, L. A. The widows’ allowance act in Kansas City. Survey, Feb. 28,
1914, v. 31: 675-076.
H ale M. L. The widows’ pension controversy. [Letter and comment by C. C.
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H ard, W illia m . Financing motherhood. Delineator, April, 1913, v. 81: 263.
______ Hats off to our opponents. Delineator, May, 1913, v. 82: 355.
— — Help the “ widows’ pension” idea in your state. Delineator, Sept., 1912,
v. 80: 144.
______ The moral necessity of “ State funds to mothers.” Survey, Mar. 1, 1913,
v. 29: 769-773.
______ Motherless children of living mothers. Delineator, Jan., 1913, v. 81:
19-20.
______.[Pensions for mothers: Discussion of paper by Edward T. Devine at
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lation Rev., June, 1913, v. 3 : 229-234.
H a y h u r s t , E l i z a b e t h . H ow pensions for widows were won in Oregon.
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H e b b e r d , R obert W. Mothers’ pensions.
{In Ohio. Bulletin o f charities and
correction. Oct., 1913.)
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and dependent children, Buffalo, Aug. 28, 1913.
https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
100
LIST OF REFERENCES ON MOTHERS
PENSIONS.
The Henry Neil League for Mothers’ Pensions. Survey, Mar. 22, 1913, v.
29 : 849-851.
H e n r y N e i l : pension agent. Survey, Feb. 1, 1913, v. 29 : 559-561.
H i g g i n s , A l i c e L. Helping widows to bring up children.
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H o lm es, J o h n H a y n e s.
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H o w e , F. C. and M. J. Pensioning the widow and the fatherless.
Good House
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Indiana. Board of State charities. The Indiana bulletin of charities and
correction. Mar., 1913.
Statement of attitude of the board of State charities tò a mothers’ pension bill for
Indiana : p. 83-84.
Kansas conference of charities and correction. Proceedings of 13th annual
session, Lawrence, Kansas, Dec. 5-6, 1912. Topeka, State printing office,
1913.
Resolution favoring pensions from special State fund to women having children whose
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F l o r e n c e . Governmental aid for dependent women and children
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T.ee, P o r t e r R. The Massachuetts report on thè relief of widows. Survey,
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--------- Some facts about widows with children and their care. Survey, Feb. 14,
1914, v. 31: 620-622.
L i e s , E u g e n e T.
Organized charity and mothers’ pensions. Child, Feb.,
1913, v. 1:17-18.
L in d s e y , B e n B .
I s the child worth conserving?
(In National conservation
congress. Proceedings, 1912. Indianapolis, 1912. p. 170-181.)
--------- The mothers’ compensation law of Colorado. Survey, Feb. 15, 1913, v. 29 :
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K
elley,
Bill of the commission : p. 37-38.
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M a t h ia s , E .
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Child,
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Mothers’ and widows’ pensions. Green Bag, v. 25: 283, 357, 395,
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Mothers’ pension bills. Hearst’s Magazine, June, 1913, v. 23: 97Ò-971.
Mothers’ pensions in Idaho. Child-Welfare Magazine, Nov. 1913, v. 8:104.
Mothers’ pensions in Pennsylvania. Survey, Feb. 28, 1914, v. 31: 676.
M u r ph y , W. R. The author of mothers’ pensions. Christian Herald, Feb.
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https://fraser.stlouisfed.org
Federal Reserve Bank of St. Louis
LIST OF REFERENCES ON MOTHERS
101
PENSIONS.
The needy mother and the neglected child. Outlook, June It, 1913, v. 104 :
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“ Widows’ pensions ” : p. 6-7 ; 14—17.
—
--Pensions dept.
(1913. A.—18.)
15th annual report for the year ended 31st March, 1913.
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N ew ell,
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—
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Federal Reserve Bank of St. Louis
Survey, Mar. 29, 1913,
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Widows themselves to testify on pensions. Survey, Dec. 13, 1913, v. 31: 285-286.
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W
J ohn H.
1:28-30.
it t e b ,
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Federal Reserve Bank of St. Louis
The Illinois funds to parents act.
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