Village of Moose Lake v. County of St. Louis
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Village of Moose Lake v. County of St. Louis
Opinion of the Court
In this statutory proceeding, G. S. 1923 (1 Mason, 1927) § 3161, and 1 Mason, 1927, §§ 3161-1, 3161-2, the village of Moose Lake, in Carlton county, appeals from the order denying its motion for amended findings or a new trial.
The one question is as to the settlement, for purposes of poor relief, at the time of the commencement of the proceeding, of Mrs.
Agreeing with the decision below, we do not think that the payment of a mother’s pension under the statutes, G. S. 1923, §§ 8671 to 8683, as amended, 2 Mason, 1927, id. can be considered “relief from the poor fund of any county or municipality” under § 3161. In this case the mother’s pension in St. Louis county was not paid from the poor fund, but from another raised for that express purpose. But that mere circumstance is not controlling. Our statutes for relief of the poor are of long standing. Their history, both as to amendment and otherwise, need not be gone into. Both as to coverage and purpose they differ broadly from the mothers pension law. The conditions precedent to poor relief are distinct from those for a pension. The need of the beneficiaries is different in the two cases. Settlement is necessary for the relief of a poor person. In the case of a mother’s pension it is of no moment. The pension benefit is conditioned not so much upon need of the mother as upon that of the children, the latter being the principal beneficiaries. State ex rel. County of Stearns v. Klasen, 123 Minn. 382, 143 N. W. 984, 49 L.R.A. (N.S.) 597; In re Koopman, 146 Minn. 36, 177 N. W. 777.
There are other differences, both as to scheme and procedure, which are significant. Finally, the mothers pension law, compared with the poor relief statutes, is recent. Therefore the phrase in the old statute (§ 3161), “relief from the poor fund,” cannot be construed to include payments from a mother’s pension fund, whether
It follows that the order under review must be affirmed.
So ordered.
Reference
- Full Case Name
- IN RE SETTLEMENT OF ALMA E. SKOG AND OTHERS. VILLAGE OF MOOSE LAKE v. COUNTY OF ST. LOUIS
- Cited By
- 1 case
- Status
- Published