137 S.W.2d 569 | Mo. | 1940
Lead Opinion
This is an appeal by the State Social Security Commission from the following judgment of the Circuit Court of Buchanan County:
"Mary E. White, claimant for benefit under the Social Security Laws, having submitted her claim to the Circuit Court of Buchanan County, Missouri, Division No. 3, and having had a hearing on the 10th day of October, 1938, and the court after seeing, and hearing the plaintiff (appellant) and the witnesses, and evidence in the case finds: (First nine findings in favor of claimant as to age, residence, property, etc., essential to eligibility for old age assistance are omitted).
"`(10) That the part of Section 16 of Missouri's New Social Security Law set out in lines 15, 16, 17 and 18, and enacted in 1937, which denies the circuit court the right to pass on the amount to be allowed appellant is unconstitutional, for the reason that it is in conflict with Sec. 11 of said Statute; (11) that appellant comes within the purview of Missouri's New Social Security Law; that she is entitled to be and she is hereby restored, to the old age assistance roll, and that she is entitled to $23.00 per month old age assistance, which will maintain her in a reasonable manner, compatible with health and decency.'
"It is, therefore, ordered and adjudged by the court, that appellant be restored to the old age assistance roll, and that her old *1048 age assistance be and the same is hereby fixed in the amount of $23.00 per month."
[1] The jurisdiction of this court is raised by a motion to transfer. [See Sec. 12, Art. VI, and Sec. 5, Amendment of 1884, Constitution of Missouri.] It is suggested that a constitutional question is raised by finding No. 10 in the judgment. Clearly the contention, that one section of the Act (creating the Commission and defining its duties) conflicts with another section thereof, raises only a question of construction of the Act and not a constitutional question. We also note that the motion for new trial assigns as a ground that the court's finding applicant to be entitled to such assistance is contrary to the amendment to the Constitution authorizing old age assistance (amendment to Art. IV, Sec. 47, adopted Nov. 8, 1932, Laws 1933, p. 478) because "the evidence clearly shows that said Mary E. White is not without means of support." Obviously this only raises the question of the sufficiency of the evidence to support the finding. We rule that there is no constitutional question involved.
[2] It is suggested that a "State Officer is a party." However, no individual officer is a party. The parties are the applicant and the State Social Security Commission. It is not a state officer because it is a legal entity and a quasi public corporation as we have held in the case of the State Workmen's Compensation Commission, the State Highway Commission, and the State Public Service Commission, and for the same reasons. [See Secs. 4, 7 and 8, Social Security Act, p. 467, Laws 1937; State ex rel. Goldman v. Missouri Workmen's Compensation Commission,
[3] It is suggested that this is a case "involving the construction of the revenue laws of this State." Our attention is called to a decision of the Springfield Court of Appeals so holding. [Hughes v. State Social Security Commission, 133 S.W.2d 430.] This ruling is based upon the statement of that court, in State ex rel. School District No. 87 v. Shuck,
In the Adkins case (
We cannot hold that construction of the revenue laws of this State is involved in the determination of a party's status or claim, merely because this may entitle him to be paid some amount out of public funds. If that were true, why should we not take jurisdiction of all State Highway condemnation cases, since right of way may be paid for with State funds (see State ex rel. State Highway Commission v. Day, supra), or of teacher's suits against school districts for salary to be paid from school funds (see Edwards v. School District No. 73 of Christian County,
The case is transferred to the Kansas City Court of Appeals.Bradley and Dalton, CC., concur.
Addendum
The foregoing opinion by HYDE, C., is adopted as the opinion of the court. All the judges concur.