Moore v. State Social Security Comm.

• Decision Date: 05 December 1938
• Docket Number: No. 19360.,19360.
• Citation: 122 S.W.2d 391
• Parties: JASPER G.W. MOORE, RESPONDENT, v. STATE SOCIAL SECURITY COMMISSION, APPELLANT.
• Court: Missouri Court of Appeals

122 S.W.2d 391

JASPER G.W. MOORE, RESPONDENT, v. STATE SOCIAL SECURITY COMMISSION, APPELLANT.

No. 19360.

Kansas City Court of Appeals. Missouri.

December 5, 1938.

Appeal from Harrison Circuit Court. — Hon. Rex Moore, Judge.

AFFIRMED.

Roy McKittrick, Attorney-General, and Aubrey R. Hammett, Jr., Assistant Attorney-General, for appellant.

(1) Benefits payable under the State and Federal Social Security Acts are not pensions. 48 C.J., page 785, section 1; State ex rel. Hocker v. Nolte, 48 S.W. (2d) 916, l.c. 918. (2) The judgment of the Court is contrary to the law and evidence, there being no evidence that claimant was in need. Hearings before Committee on Finance, U.S. Senate, 74th Congress, First Session, 1130, p. 58; Hearings before Committee on Ways and Means, House of Representatives, 74th Congress, First Session on H.R. 4120, p. 83; Wallace v. Woods, 102 S.W. (2d) 91, l.c. 95; Fishbach Brewing Company v. City of St. Louis, 95 S.W. (2d) 335; Section 1, Federal Social Security Act, Chapter 531, 49 Stat. 620, 42 U.S.C.A., Chapter 7, Supplement; State Social Security Act, Laws of Missouri, 1937, pages 467, 478; Section 11, page 473, Laws of Missouri, 1937; Section 21, page 477, Laws of Missouri, 1937; Section 4, second subdivision 2 and 3, Laws of Missouri, 1937, page 470; Bowers v. Missouri Mutual Association, 62 S.W. (2d) 1058, 52 S.W. (2d) 599; State ex rel. Columbia National Bank of Kansas City v. Davis, 284 S. W 464, l.c. 470; Grimes v. Reynolds, 184 Mo. 679, l.c. 688, 68 S.W. 588, 83 S.W. 1132; Decision of Social Security Board withdrawing Federal grants to Oklahoma, March 2, 1938, p. 5; 5 Words and Phrases, First Series, p. 4739; 7 Words and Phrases, Series 1, p. 6175; 5 Words and Phrases, Series 1, p. 4455; Schneider v. Rosier, 21 Ohio St. 98, 112; Meidel v. Anthis, 71 Ill. 241, 246; McMahon v. Sankey, 24 N.E. 1027, 1028, 133 Ill. 635; Old Colony Trust Company v. Commissioner, 279 U.S. 716. (3) The Legislature is presumed to have in mind legal significance of phraseology interpreted by the Supreme Court. Plater v. W.C. Mullins Construction Company, 17 S.W. (2d) 658, l.c. 664; Sec. 4026, R.S. Mo. 1929; State v. Hartmann, 259 S.W. 513, l.c. 514. (4) The judgment is contrary to the finding of facts and ruling of law given by the Court. (5) The burden of proof is on the claimant. Berger v. St. Louis Storage and Commission Co., 116 S.W. 444, 136 Mo. App. 36; McCloskey v. Coplar, 46 S.W. (2d) 557, 329 Mo. 527, 92 A.L.R. 64; Lampe v. Franklin American Trust Co., 96 S.W. (2d) 710, l.c. 722-723. (6) State agency cannot be compelled to grant aid when support is being rendered. Sopher v. Wheeler et al., 239 Mass. 327, 132 N.E. 46.

Gilbert Barlow for respondent.

(1) Benefits or assistance payable under the State Social Security Commission of Missouri are pensions. Laws of Missouri, 1931, page. 385, Resolution of State Legislature; Laws of Missouri, 1933, page 478, approval of vote and adopted; R.S. Missouri, 1929, Ch. 51, Blind Pension and Others, 31 C.J., page 884; Laws of Missouri, 1935, page 308; Laws of Missouri, 1937, page 467; 6 Words and Phrases (3rd Series), 387 to 393. 4 Words and Phrases (2nd Series), 30 and 31. (2) The judgment is for the right party. The law and evidence clearly show the respondent is within the purview of the statute. State Social Security Laws of Missouri, 1937, pages 467 to 478; Laws of Missouri, 1935, pages 305 to 315; Laws of Missouri, 1935, page 411 et seq., 1 per cent sales tax; Laws of Missouri, 1937, page 552 et seq., 2 per cent sales tax; 5 Words and Phrases (1st Series), 4455; 7 Words and Phrases (1st Series), 6175; 31 C.J., page 884, Indigent; Section 12, page 474, Laws, Missouri, 1937. (3) Under the law the children are not legally liable for the care, support and maintenance of their parents who are without means of support or sustenance under the present Social Security Law. Laws of Missouri, 1935, page 308 et seq.; Laws of Missouri, 1937, page 467 et seq.; Resolution, 1931, page 385; Laws, Missouri, 1933, page 478; Senate Bill No. 29, Appellant's Abstract page 24 et seq.; Senate Journal for year 1937, pages 77-458, 59th General Assembly of Missouri; House Journal for year 1937, pages 637-1067, 59th General Assembly, Missouri. (4) The courts undertake to interpretate the acts of the Legislature as written and give every and all meaning to them as declared by the Constitution and decisions of the court. The object of all interpretation of law by the courts is to reach the true intended meaning of the lawmaking bodies. Statutes in pari materia are to be considered as embodied in one section and considered together to get the true legislative intent therein, though they be found in different sections and chapters of the revised statutes. State ex rel. v. Wilson, 151 Mo. App. 724; Fishbach Brewing Co. v. City of St. Louis, 95 S.W. (2d) l.c. 95-6; Bowers v. Missouri Mut. Ass'n, 62 S.W. (2d) 1058. (5) The finding of facts and rulings of the court are found and determined by the court in its judgment from which judgment the appellant has taken appeal to this court. (6) As the law provides, the claimant had the burden of proof. The court, hearing the evidence and seeing the witnesses on the stand, found for the claimant under the law and evidence.

CAMPBELL, C.

Jasper G.W. Moore, hereinafter called claimant, filed with the State Social Security Commission claim for pension or old age assistance on or about June 5, 1935. The commission sustained the claim in July, 1937, and awarded claimant $16 per month. Payments were made under the award until February, 1938, at which time payments were discontinued. Thereafter, the exact time is not disclosed, claimant applied to the commission for a reconsideration of his application for benefits. The latter application was heard and denied on the ground claimant had "adequate means of support, income, or other resources to provide a reasonable subsistence compatible with decency and health." Claimant appealed to the circuit court where, upon trial de novo, the court adjudged claimant be reinstated on the rolls of the old age assistance and that he receive assistance from the commission. The commission has appealed.

The facts are claimant was over 70 years of age, owned no property except household furniture bought by himself and wife 49 years before the trial; was unable to work save for "an hour or so" in the garden; the wife owned a few chickens; he, his wife and their unmarried daughter, Faye, 28 years of age, lived in a 6 or 7 room house, the rental of which was $10 per month; Fay taught school 9 months in each year and received therefor $70 per month. From her earnings she supported herself and parents.

It is not claimed the claimant has sufficient means of support separate and apart from the earnings of his daughter Fay. The commission contends claimant is not "in need" and for that reason his claim for benefit should be denied. This contention proceeds upon the theory that claimant's daughter has been supplying his "needs," can continue to do so, and hence he does not come within the provisions of the Laws of Missouri, 1937, pages 467-478, known as the Social Security Act.

Section 21 of the Act directs the commission to comply with any federal law relating to the distribution of funds of the United States duly appropriated "for social security benefits, and to comply with any and all rules and regulations attached to or made a part of such Appropriation Act and not inconsistent with the Constitution and laws of Missouri."

Section 1 of the Federal Social Security Act of August 14, 1935, is as follows:

"For the purpose of enabling each State to Furnish financial assistance, as far as practicable under the conditions in such State, to aged needy individuals, there is hereby authorized to be appropriated for the fiscal year ending June 30, 1936, the sum of $49,750,000, and there is hereby authorized to be appropriated for each fiscal year thereafter a sum sufficient to carry out the purposes of this title. The sums made available under this section shall be used for making payments to States which have submitted, and has approved by the Social Security Board, established by Title VII (hereinafter referred to as the `Board'), State plans for old-age assistance."

In arguing that claimant is not an "aged needy individual," within the meaning of that phrase as used in said section 1, counsel for the commission say:

"In hearings before the Committee on Finance, U.S. Senate, 74th Congress, first Session S. 1130, p. 58, Mr. Edwin E. Witte, Executive Director Committee on Economic Security, stated:

"Coming to the question of the number of the aged who are dependent. In our report there is a statement that some newspapers completely misinterpreted because they did not look at the very next sentence. The sentence is that conservatively one-half of the people now over sixty-five need support, are dependent on some one else for support. That does not mean that they are dependent on the public. As we state in our report, the largest number of people who are dependent are supported by their children, and under this legislation they will continue to be supported by their children and should be so supported. The ones who are dependent upon the public for support are a much smaller number.

"Also will be found in hearings before Committee on Ways and Means, House of Representatives, 74th Congress, first Session on H.R. 4120, p. 83 the following statement by Dr. Witte before the above committee.

"At this time, as a result of the depression that percentage had undoubtedly risen. The old people have lost their savings, just like many other people, and for old people that means an irreparable loss. That does not mean that this number of people are dependent upon the public for support. In a newspaper account which I noted this morning, the committee's report was so interpreted. The great number of old people who are dependent have...