Page:Harvard Law Review Volume 12.djvu/343

323 MASSACHUSETTS AS A PHILANTHROPIC ROBBER. 323 The law seems to be clear therefore that all these resolves are an illegal usurpation of power by the Legislature, exercised under the cloak of an unwise sentiment of charity. There has been still another form of pure gratuities given by the State in the shape of quasi pensions ; namely, the voluntary pay- ment of military or State aid given under special circumstances by special resolves to persons not entitled to such aid under any statute. These grants have been made either to the person him- self, not legally entitled to aid, or to some relation who was not eligible to receive any aid under the existing statute, and for whose benefit this special grant by resolve had to be made ; as, for in- stance, " A. B., widow of X. Y., who served during the War of the Rebellion as seaman on board United States coast survey steamers, shall be eligible to receive State or military aid in the same manner and to the same extent that she would have been entitled to receive the same had her late husband served as an enlisted seamaij in the United States navy ; " ^ or to " A. B. and C. D., father and mother of X. Y., who served during the War of the Rebellion in Company E 4th Massachusetts Cavalry, and who died in said service, shall be eligible to receive State aid in the same manner and to the same extent as if fathers and mothers of deceased soldiers were expressly included in the classes of persons authorized to receive aid by said act ; " ^ " that A. B., widow of X. Y., alias M. N., who was a sergeant in Company G ist Regiment Louisiana Volunteer Cavalry, shall be eligible to receive State aid ... in the same manner and to the same extent that she would have been entitled had said X. Y. served to the credit of the Commonwealth; "^ or to a mother "as if she had been dependent for support on her son at the time he was in the service."* A most remarkable case is a special grant of State aid of the sum of ^224 to A. B., " being amount of State aid he would have received had he been born while his father was serving in the Massachusetts Volunteers." ^ Twice have nurses in the Civil War been presented with sums of money .^ Of these special exceptions to the statute made as a pure gift by the Legislature, there have been, roughly estimated — 2 in 1882; 2 in 1883; 12 in 1884; 6 in 1885; 6 in 1886; 13 in 1887; 10 in 1888; 25 in 1889; 13 in 1890; 24 in 1891; 23 in 1892; 6 in 1893; i in 1894; 2 in 1895; 2 in 1896; 3 in 1897. 1 1896, ch. 48. 2 i8g7^ ch. jg7 . j3g£^ ch. 53. ' 1896, ch. 63. * 1897, ch. 23. 6 1886, ch. 64. 6 1893, ch. 41 ; 1894, ch. 53. 42