Hawkins v. State of Kansas Social Welfare Board

• Citation: 148 Kan. 760,84 P.2d 930
• Decision Date: 10 December 1938
• Docket Number: 33981.
• Parties: HAWKINS v. STATE OF KANSAS SOCIAL WELFARE BOARD et al.
• Court: United States State Supreme Court of Kansas

84 P.2d 930

148 Kan. 760

HAWKINS v. STATE OF KANSAS SOCIAL WELFARE BOARD et al.

No. 33981.

Supreme Court of Kansas

December 10, 1938

Syllabus by the Court.

The homestead provision of the Constitution is to be liberally interpreted to safeguard its humanitarian and soundly social and economic purposes. Const. art. 15, § 9.

Nothing less than the free consent of the resident owner of a homestead, and the joint consent of husband and wife where the relation exists, will suffice to alienate a homestead except to enforce payment of its purchase price, or for improvements erected thereon, or for payment of its fair burden of taxation. Const. art. 15, § 9.

The section of the Social Welfare Act providing for a lien in favor of the state on any realty owned by a recipient of old age assistance, but providing that the lien was not enforceable during the lifetime of the recipient nor during the life of any surviving spouse of such recipient if the property was occupied as a homestead, does not violate the homestead provision of the State Constitution, and is not subject to any other constitutional infirmity. Laws 1937, c 327, § 17; Const. art. 15, § 9.

Unless the relationship between the recipient of old age assistance and the state social welfare board was contractual so as to be within statute saying that the board might sue or be sued recipient's action against the board to have the lien provision of the Social Welfare Act declared unconstitutional was not maintainable at all. Laws 1937, c. 327.

The Social Welfare Act is not violative of the constitutional requirement that the subject matter of an act must be clearly expressed in the title, and that no bill contain more than one subject, on the ground that the lien feature of the act expressed in section 17 is not fairly indicated in the title to the act, since such feature is a germane and pertinent detail of the act. Laws 1937, c. 327, § 17; Const. art. 2, § 16.

Section 17 of the Social Welfare Act, Laws 1937, ch. 327, which provides for a lien in favor of the state on any real estate owned by a recipient of old-age assistance, which lien is not enforceable during the lifetime of the recipient nor during the life of any surviving spouse of such recipient if the property is occupied as a homestead, does not violate the homestead provision of the state constitution, (art. 15, § 9), nor is it subject to any other constitutional infirmity.

Appeal from District Court, Jefferson County; Lloyde Morris, Judge.

Action by Nellie Hawkins against the State of Kansas Social Welfare Board and others to determine the constitutionality of the lien provision of the Social Welfare Act. From a judgment declaring the provision unconstitutional, the defendants appeal.

Judgment reversed and cause remanded, with instructions to enter judgment for defendants.

Clarence V. Beck, Atty. Gen., Wm. E. Scott, Asst. Atty. Gen., Leland M. Quantius, Sp. Asst. Atty. Gen., Ora D. McClellan, of Pittsburg, Atty. for State Board of Social Welfare, and James S. Lester, Co. Atty., of Oskaloosa, for appellants.

A. C Wilson, of Oskaloosa, for appellee.

DAWSON Chief Justice.

This was an action to determine the constitutionality of the lien provision of the Social Welfare Act, Laws 1937, c. 327.

The pertinent facts which laid the foundation for this test case were as follows:

Nellie Hawkins, a widow aged 68 years, owned a small house and parcel of ground in Oskaloosa. It was valued at $550, and was her homestead. Her 42-year-old son lived with her. On September 2, 1937, she applied to the county for old-age assistance. Among the pertinent recitals of her written and verified application was one which read: "I have not made a transfer or assignment of property within two years prior to this application for the purpose of procuring assistance except as it refers to a lien to the county or state."

Her application was granted on September 8, 1937, and on the same day she was notified that on or about September 10 she would get her first monthly check pursuant thereto. On the same day also she was notified that the state's statutory lien on her property as authorized by the Social Welfare Act had been filed in the office of the register of deeds, and it was duly recorded the same day.

Thereafter Mrs. Hawkins received monthly checks for old-age assistance in amounts varying from $19.45 to $11.70. She had some little additional income,-- $4 for the monthly rent of two rooms of her house, and she also received some clothing from the WPA, but these details are of no present concern.

On December 2, 1937, Mrs. Hawkins commenced this action pleading the foregoing facts at length, and complaining about the statutory lien which had been recorded against her homestead. She alleged that the provision of the Social Welfare Act which authorized it, Laws 1937, ch. 327, Sec. 17, was in conflict with the Homestead provision (Art. 15, Sec. 9) of the state constitution and therefore void. She prayed that the state's lien be declared void and canceled, and that the register of deeds be directed to release it of record.

The cause was heard at length but developed no material dispute of fact. The trial court sustained the contention of plaintiff, holding so much of Section 17 of the Social Welfare Act as conferred on the state a lien on the homestead unconstitutional and gave judgment for plaintiff as prayed for.

The cause has been brought here for review.

The title to the act with which we are now concerned reads: "An Act setting up a state board of social welfare and county boards of social welfare; providing for the members of each, providing for the employment and control of the personnel of state boards, fixing compensation for each thereof; providing for state appeal committees and the procedure thereof; providing for the establishment of state and county social welfare funds and the disbursement thereof; and authorizing assistance to those over sixty-five years of age, and to the blind, and to dependent children; and other general welfare."

The statute creates a state board of social welfare, county welfare boards and other functionaries, and authorizes the state board to cooperate with the federal government's program for financial assistance in the field of social welfare. Power is conferred upon the state board to determine policies relating to all forms of social welfare which it is to supervise and administer, and to make rules and regulations therefor. It is also authorized to make contracts and "may sue and be sued on such contracts." Sec. 8, subdivision (k).

In Section 8a the statute provides that subject to specified requirements, "Assistance shall be granted to any needy aged person *** who has attained the age of sixty-five years. Such assistance shall be known as old-age assistance."

Section 10 provides that the county welfare board shall provide assistance to the needy "in accordance with state laws and the rules and regulations of the state board." Section 12...