283 N.W. 399 | Minn. | 1939
"That said relief aid consisted of moneys appropriated by the State of Minnesota and the Federal Government, but that Chippewa County paid the administration expenses of relief during all of said *266 time, which administration expenses consisted of office rent, office supplies, equipment, salaries, and amounted to approximately $1,000.00 per month. That all of said administration expenses paid by Chippewa county was paid out of the poor fund of said county. It is conceded, however, by Chippewa County that so far as any moneys or funds as were used for furnishing actual relief to Joseph Wrobleski and members of his family was not taken from the poor fund of Chippewa County but was from funds furnished by the State of Federal money."
The Wrobleskis received direct relief from the Resettlement Administration during the months of December, 1936, and January, February, and March, 1937, which was after they had taken up their residence in the town of Swan River. Below, Chippewa county claimed that the settlement was in the town of Swan River, but on the appeal has abandoned that claim. The court below found that the Wrobleskis had a settlement for poor purposes in Chippewa county and that the period following March 1, 1934, was not to be excluded in computing the period of settlement since the relief received during that period was not from the poor fund of Chippewa county but from state and federal funds.
1. The sole question is whether the alleged paupers had a settlement in Chippewa county. Chippewa county had the county system of relief. In a county having the county system of relief, settlement is established by one year's continuous residence in the county. 1 Mason Minn. St. 1927, § 3161. The Wrobleskis established a settlement in Chippewa county unless the period from March 1, 1934, to December, 1935, is to be excluded in computing the time of residence. Matters relating to settlement are statutory. This of course includes the determination of the periods which shall be included and excluded in computing the residence necessary to establish settlement. 1 Mason Minn. St. 1927, § 3161, provided that each month during which an alleged pauper received relief from the poor fund of the county should be excluded in determining the time of residence. Relief is received from the county poor fund when money is appropriated therefrom to the pauper's use either by cash *267
disbursement to him or when the fund becomes liable for the payment of goods or services furnished to him by the county. In re Settlement of Youngquist,
2. The contention of the county is that the payment of administrative expense in connection with relief is the furnishing of relief to a pauper out of the county poor fund. Prior to the arrangement with the state and federal governments the administrative expenses and the payments from the poor fund were entirely separate. The administrative expenses such as the salaries and expenses of county officers were paid out of funds provided for the purpose, and the poor relief was paid exclusively from the poor fund. It was never thought that the payment of such administrative expenses of the county government constituted the furnishing of relief to a particular pauper. After the arrangement was made for state and federal funds the substance of things remained as before. Administrative expense and poor relief remained the same. By the arrangement the county discontinued paying relief from its poor fund altogether. Instead, it assumed all duties of administration, the expense of which was paid by appropriating the poor fund for that purpose. The county board has control of the several funds of the county except in certain counties. The use of the poor fund to pay administrative expenses amounted to a transfer of the moneys from the poor fund. Expenditure for general governmental expense is not the same as expenditure for a specific authorized purpose from a special fund. The former may not be paid from a special fund without specific authorization. This is true even though such general expense pertains to the administration or arises from the expenditure of the special fund. Board of State-House Commrs. v. Whittaker,
3. The period here involved was before Ex. Sess. L. 1935-1936, c. 68 (3 Mason Minn. St. 1938 Supp. § 3161) became effective, which was on January 24, 1936. It amends § 3161,supra, and enlarges the exclusion by providing that the period during which relief is received from funds supplied by the state of Minnesota or the United States, or any department or departments thereof, supplied as direct relief or in providing work on relief basis and in lieu of direct relief, shall also be excluded. In the absence of the amendment such periods would not be excluded under § 3161, and the statute is to be deemed a recognition of that fact. It is apparent that one of the purposes of the statute was to cover such situations. The statute is not retroactive. In re Settlement of Venteicher,
Affirmed.