Maximillian v. Clausen

Citations

• 117 Wash. 74
• 200 P. 583
• 1921 Wash. LEXIS 1004

Syllabus

<p>Bounties — Persons Entitled — Statutes —• Construction. The soldiers’ bonus act (Laws 1920, Ex. Sess., p. 7) providing for payment of equalized compensation to veterans of the war with the central allied powers who “were regularly called, enlisted, drafted, inducted or commissioned, and commissioned and who served on active duty between April 6, 1917, and November 11, 1918,” contemplates payment to those only who were residents of the state and who between April 6, 1917, and November 11, 1918, abandoned the material advantages of civil life during such period to aid in the defense of their country.</p> <p>On Rehearing.</p> <p>Statutes (9) — Effect of Partial Invalidity.' The fact that the soldiers’ bonus act (Laws 1920, Ex. Sess., p. 7, § 1) can be construed by its language as including payments to persons not entitled thereto does not render the act inoperative as to those who are entitled to its benefits.</p> <p>Bounties — Persons Entitled. Under the soldiers’ bonus act (Laws 1920, Ex. Sess., p. 7, § 1), any bona fide resident of the state who entered the military or naval service of the United States, abandoning civil life for the purpose of aiding the nation and the state in the emergency of the war with the central allied powers during the period between April 6, 1917, and November 11, 1918, and was actually on active service during such period, is entitled to the bonus, regardless of the time of entry in such service, if such entry resulted in the abandonment of the material advantages theretofore enjoyed by him in civil life.</p> <p>Same — Duties of State Auditor. It being the duty of the state auditor to pass upon application for a soldiers’ bonus, when he determines the facts entitling the applicant to compensation, he must allow the same regardless of the time of entry into the service.</p>