[PW] FW: Vietnam Vets and VFW
Daphne Drewello
drewello at daktel.com
Thu Apr 19 12:35:59 PDT 2007
Adrienne Falco wrote
> It's interesting that
> Congress seems to have oversight of this organization. Does the VFW
> receive government funding?
This was discussed in the following case, which has probably been amended,
over-ruled, superceded or in some other way changed by now.
VFW v. CHILDERS
1946 OK 211
171 P.2d 618
197 Okla. 331
Case Number: 32331
Decided: 06/29/1946
Supreme Court of Oklahoma
http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=2282
3. SAME - Appropriation of state funds to private organization of war
veterans though for wholesome purposes held unconstitutional as in nature of
"gift."
Though a corporation is created for purposes fraternal, patriotic,
historical, and educational and to assist worthy comrades who now are, or
formerly were, members of the armed forces, and to assist their relatives
and dependents, which purposes are wholesome and for the public good, yet
when such organization functions by its own management entirely separate
from control or direction by the state, it is as to the state a private
corporation and the Legislature has no constitutional authority to
appropriate public funds of the state, to such corporation, or to be
expended by and through the corporation, in aid of the carrying out of its
functions or some part of them, because such an appropriation would be in
the nature of a gift of public funds within the meaning of section 15, art.
10, of the Constitution.
4. SAME - Act of 1945 making appropriation to Veterans of Foreign Wars held
unconstitutional.
Senate Bill 245, S.L. 1945, page 436, is unconstitutional in that it is
violative of sections 14, 15, and 19 of art. 10, Constitution of Oklahoma
Daphne Drewello
Alfred Dickey Library
Jamestown, ND
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