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GIFT OF

Digitized by the Internet Archive

in 2007 with funding from

Microsoft Corporation

http://www.archive.org/details/digestoflawsofunOOunitrich

A DIGEST

OF THE

LAWS OF THE UfflTED STATES

GOVERNING THE

GRANTING OF ARMY AND NAVY PENSIONS AND BOUNTY-LAND

WARRANTS; DECISIONS OF THE SECRETARY OF THE

INTERIOR, AND RULINGS AND ORDERS OF THE

COMMISSIONER OF PENSIONS THEREUNDER.

COMPILED,

BY ORDER OF THE COMxMISSIONER OF PENSIONS,

UNDER THE AUTHORITY OF THE SECRETARY OF THE INTERIOR,

FRANK B. CURTIS

AND

WILI^IAM H. WEBSTER.

L. Q. C. LAMAR, JOHN C. BLACK,

Secretary of the Interior, Commissioner of Pensions.

7018 PEN

WASHi:^GTON:

GOVERNMENT PRINTINGh OFFICE.

1885.

Qv^'

r^r '

♦ • • »• •
.*.

INTRODUCTION.

Department of the Interior, Pension Office,

Washington, D. 0., April 23, 1885.
Sir : You are hereby assigned to the special duty of preparing a
digest of the laws, decisions, rulings, and orders, now in operation,
governing the adjudication of pension claims.

An efficient amanuensis will be detailed to assist you in the prepara-
tion of the work.

Very respectfully,

JOHN 0. BLACK,

Commissioner,
Mr. F. B. Curtis.

Department of the Interior, Pension Office,

Washington, D. C, December 4, 1885.

Sir : On the day of its date I had the honor to receive the order above
set forth.

In obedience thereto this digest has been prepared, and it is now
respectfully submitted for your consideration and approval.

Acting under your verbal instructions Mr. William H. Webster, chief
of the " Old War and Navy Division" of this office, has compiled all the
laws, regulations, orders, decisions, and rulings appearing herein, which
refer to bounty-land, old war and navy claims, and to him belongs all
the credit for that portion of the work.

The system of granting pensions and bounty-lands, in prescribed
cases, has become so thoroughly incorporated into our policy, that, if
there be any who desire, they can never expect to see its discontinuance.
Originating in 1776, every change in it down to the present time has
had for its object the embracing of more numerous classes, until now
there is hardly a neighborhood in the United States which does not con-
tain one or more persons directly interested in some of the benefits thus
conferred.

In most instances pensions have, at the commencement of each war,
been promised for disabilities or death incurred in its prosecution j
though as to Revolutionary soldiers and their widows, pensions, without
regard to disabilities, were provided long after the rendition of the serv-
ice. Pensions for disabilities incurred in that war were provided by res-
olution of Congress, passed August 26, 1776, and in September of the
same year the benefits of that resolution were extended back to include

4 .INTRODUCTION.

all cases of disabilitiy from the commencement of hostilities, on the 10th
of April, 1775.

From that time until the present. Congress has gone on, step by step,
completing the design of the pension system, which, though imperfect
in detail, viewed as a whole, presents a grand and beautiful picture of
the nation's justice, humanity, and gratitude to those of its defenders
who, by reason of the casualties of war, were in any degree disabled
for the continuance of those forms of labor or those duties of life which
they abandoned at home for the purpose of taking up arms against its
enemies.

Bounty -lands, at first offered only for long terms of enlistment there-
after served out, have by subsequent enactments been extended to all
who have borne arms in our foreign hostilities or Indian disturbances,
even for almost the shortest possible periods of service, prior to March
3, 1855.

It was the inevitable result that a fabric thus reared, not upon any
preconceived plan, but in detached parts to meet temporary purposes
and emergencies, should lack uniformity in its design and consistency
in its details.

Under the different bounty-land laws the amount of territory granted,
the length of service required, as well as the class of beneficiaries
provided for, have varied greatly from time to time. When the country
was rich in its landed possessions, in the time of the Eevolution, grants
were made for a service during the entire war of from 1,000 acres to a
major-general down to 100 acres for a private soldier, while for subse-
quent services from 40 to 160 acres only were allowed to all ranks,
based, however, upon shorter periods of service. Under the earlier
acts the only beneficiaries provided for were the soldiers themselves
who rendered the service, while later laws extended such benefits, some
to widows and children, without regard to the age of the children, others
to minors, and again to those as far removed in relationship in the pen-
sionable sense as fathers, mothers, brothers, and sisters.

So contrariant are the rules governing the different classes of pen-
sioners that an attempt to enumerate them would involve the prepara-
tion of a treatise on the subject.

In many instances the intention of Congress has been defeated by
the employment of inadequate or improper expressions in the laws
themselves, or by too narrow and rigid a construction of them by the
Department charged with their execution. Congress has interposed to
remedy such inconveniences, until, frequently, the amendments have
totaUy changed the operation of the original law. These amendments,
in many cases, have been separated at wide intervals from the original
acts to which they refer, and are often found attached to, or included
in appropriation bills, or they appear in other places where an inexpe-
rienced person would never think of seeking them.

Hence has arisen an obscuiity which has enveloped the pension and

INTRODUCTION. 6

bounty-land laws in a fog, through which no one can grope his way un-
less at such labor as few but professional persons would be willing to
bestow upon the subject. The evils which have sprung from this con-
dition of things have been too universally felt to require that they
should be pointed out and dwelt upon. All classes of persons having
just claims upon the bounty of the Gov^ernment have been subjected to
unjust discriminations necessarily incident to and growing out of the
imf)erfections in the law to which reference has already been made.

If this statement is true, and 1 believe a pains taking inquiry into the
subject will demonstrate that it is, there is certainly one well-defined,
logical, and irresistible conclusion to be drawn therefrom, and that is,
that all the laws relating to pensions and bounty -land should be made
the subject of a careful revision and codification.

That work, in my opinion, should be done by a commission of not less
than three or more than seven thoroughly competent men, whose ap-
pointment should be authorized by Congress. The result of the labors
of such a commission would be to give us a system of laws comparatively
free from errors, under the workings of which no person having a well-
founded claim for pension or bounty-land would be deprived of any of
the benefits which Congress has provided, or intended to provide.

The first edition of the ^* Digest," with the preparation of which, in
1881, Mr. Webster and myself had more or less to do, was intended not
as a revision or codification of laws, decisions, &c., but simply an ar-
rangement of them in a form for convenient reference, and as a guide
to the large force of new and inexperienced clerks who were appointed
about that time. How well that work has served the purposes for which
it was intended, those who are familiar with its history can state. It
was known at the time it was prepared that it was not free from good
ground for criticism. In the preface to that edition it was stated that
it being the first compilation ever made of the decisions of the Secre-
tary of the Interior relating to the adjudication of claims coming be-
fore the Pension Ofi&ce, together with the laws of Congress, and the
regulations, rulings, and orders of the Commissioner of Pensions there-
under, omissions and inaccuracies would unadvoidably occur, which time
and experience would reveal, and which being thus revealed, could be
more easily corrected in subsequent revisions of that work.

While this compilation has undoubtedly resulted in the correction of
many of the imperfections of the first edition, still, the lapse of time,
accumulated experience, and changes in the law and practice will prob-
ably reveal additional ones in this ; but a step in advance will have
been taken, and the labors of those who in the future may undertake
a further revision, will be made less difficult, and the results of their
labor rendered more satisfactory.

I am, sir, very respectfully, your obedient servant,

FRANK B. CURTIS.

Hon. John C. Black,

Commissioner of Pensions.

LEGAL HISTORY OF THE PENSION OFFICE AND ITS CLERICAL
FORCE ABOVE THE GRADE OF FOURTH-CLASS CLERKSHIPS.

In an act making appropriations for the civil and diplomatic expenses
of the Government for the year 1833, approved March 2, 1832, the office
of Commissioner of Pensions was created. [U. S. Statutes at Large,
vol. 4, p. 622.] In this act the salary of the Commissioner was fixed at
$2,500 per annum, and the office was to continue only until the expira-
tion of the next Congress.

In an act approved March 3, 1835, the office of Commissioner of Pen-
sions was continued for two years. It was specified in said act that
the Commissioner should " be appointed by the President, by and with
the advice and consent of the Senate;" that he should "execute, under
the direction of the Secretary of War, such duties in relation to the
various pension laws as may be prescribed by the President;" that he
should receive an annual salary of $2,500, and should have the privi-
lege of franking. [U. S. Statutes at Large, vol. 9, p. 242.J

The office of Commissioner of Pensions was further continued by the
acts of March 3, 1837 ; [Laws of the U. S., vol. 9, p. 656] ;

[Note. — Under this act the salary of the Commissioner was increased to |3,000 per
annum, and the franking privilege was continued to him] ;

Act of March 4, 1840 ; [Laws of the U. S., pamphlet edition for 1840;
Mayo and Moulton, p. 203, ^ 188] ;

[Note. — Under this act the pension business theretofore transacted by the Navy
Department was transferred to the Pension Office] ;

Act of January 20, 1843; [Laws of the U. S., pamphlet edition for

1843] ;

[Note. — Under this act the granting of bounty-lands was added to the duties of
the Commissioner of Pensions and the salary of said officer reduced from |3,000 to
$2,500 per annum] ;

And the act of January 14, 1846, continued the office of Commissioner
of Pensions until March 4, 1849, " and no longer." [U. S. Statutes at
Large, vol. 9, p. 3.]

In the act making appropriations for the civil and diplomatic expenses
of the Government Ibr the year ending June 30, 1849, approved August
12, 1848, the salary of the Commissioner of Pensions was increased from
$2,500 to $3,000 per annum from January 1, 1848. [U. S. Statutes at
I^arge, vol. 9, p. 288.]

8 ' '*' . V 'c : i 'iJ^fXEODUCTION.

By th'e'acVripprovid jiiiitary' 19, 1849 [U. S. Statutes at Large, vol.
9, p. 341J, the oface of Oommissiouer of Pensions was continued "until
further legislation by Congress," and the salary of the Commissiner was
fixed at the rate which was paid to him during the year ending Decem-
ber 31, 1848, viz : $3,000 per annum. (Act of August 12, 1848.)

By the act approved March 3, 1849 [U. S. Statutes at Large, vol. 9,
p. 395], a ijew Department, called the " Department of the Interior," was
created, to which new Department the Pension Office was transferred
from the War Dei)artment.

An act, approved March 3, 1853, classified the clerks employed in the
several Executive Departments of the Government and fixed the sala-
ries those of eaeh class were to receive as follows :

Per annnm.

Class 1 - $1,200

Class2 : 1,400

ClassS 1,600

Class 4 1,800

This act also provided for a chief clerk of the Pension Ofi&ce, at a sal-
ary of $2,000 per annum.

[Note. — From the date the Pension Office became a Bureau of the Interior Depart-
ment in 1849, until the passage of the act approved June 25, 1864, making appropria-
tions for the legislative, executive, and judicial expenses of the Government for the
year ending June 30, 1865, the appropriations were made in bulk each year for the
salaries of all the employes of said office, no particular person or employ^ being men-
tioned in the law except the Commissioner of Pensions. In the act last above re-
ferred to, however, the chief clerk of said office is named as such, in connection with
the Commissioner, and appropriation made for the payment of his salary, although
the amount of such salary is not specified in the bill. From 1865 to 1868 the office of
chief clerk of the Pension Office is mentioned in the annual appropriation bills, and
his salary was continued at $2,000 per annum, or the same rate which was fixed by
the act of March 3, 1853. In the act making appropriations for the legislative, execu-
tive, and judicial expenses of the Government for the fiscal year ending Ju^j^e 30, 1873,
the office of chief clerk of the Pension Office is named and the amount of his salary
($2,000) is appropriated.] •

By section 29 of an act approved March 3, 1873, the ofiSce of Deputy
Commissioner of Pensions was created, with an annual salary of $2,500.

Section 38 of the same act established the office of Medical Referee,
and authorized the appointment of four ^* qualified surgeons."

" Sec. 38. That the Secretary of the Interior be, and is hereby, author-
ized to appoint a duly qualified surgeon as medical referee, who, under
the control and direction of the Commissioner of Pensions, shall have
charge of the examination and revision of the reports of examining sur-
geons, and such other duties touching medical and surgical questions
in the Pension Office, as the interests of the service may demand j and
his salary shall be two thousand five hundred dollars per annum. And
the Secretary of the Interior is further authorized to appoint such quali-
fied surgeons (not exceeding four) as the exigencies of the service may
require, who may perform the duties of examining surgeons when so
required, and who shall be borne upon the rolls as clerks of the fourtU

INTRODUCTION. 9

Class : Provided^ That such appointments shall not increase the clerical
force of said Bureau."

By the act making appropriations for the fiscal year ending June 30,
1874, the salary of the Commissioner of Pensions was increased to
$4,000 per annum.

[Note. — In the act making appropriations for the fiscal year ending June 30, 1875,
but $3,000 is appropriated for the salary of the Commissioner of Pensions, and no
mention of the reduction is made in the deficiency appropriation bill forthat year. ]

In the act making appropriations for the fiscal year ending June 30,
1876, and approved August 15, 1876, $3,600 is appropriated for the
salary of the Commissioner of Pensions j $2,250 for the salary of the
Deputy Commissioner ; $2,000 for the salary of the chief clerk, and
$2,250 for the salary of the medical referee. Ko appropriation was
made in the appropriation bills of 1879 and 1880 for the office of Deputy
Commissioner. That office was vacant from July 1, 1877, to June 30,

1879, inclusive.

In the act making appropriations for the fiscal year ending June 30,

1880, salaries of the officers of the Pension Office were provided for
as follows :

Commissioner $3,600

Deputy Commissioner (said office to continue for one year only) 2, 400

Chief clerk 2,000

Medical referee 2, 250

In the act making appropriations for the fiscal year ending June 30,

1881, there was appropriated :

For the salary of the Commissioner $4, 000

For the salary of the Deputy Commissioner 2, 400

For the salary of the chief clerk . 2, 000

For the salary of the medical referee 2, 250

In the act making appropriations for the fiscal year ending June 30,

1882, the salary of the Commissioner of Pensions was increased to
$5,000 per annum. An additional Deputy Commissioner was provided
at a salary of $2,400 per annum, and the salary of the First Deputy
Commissioner was increased to $3,600. This bill also provided for the
appointment of twenty examiners at $2,000 each.

In the act making appropriations for the fiscal year ending June 30,

1883, the following provisions were made :

Commissioner $5, 000

First Deputy Commissioner 3, 600

Second Deputy Commissioner 3, 600

Chief Clerk 2,500

Assistant Chief Clerk 2,000

Medical Referee 2, 500

Assistant Medical Referee 2,250

Four qualified surgeons, at 2,000

Twelve chiefs of divisions, at '. 2, 000

Law Clerk 2, 000

Thirty-five principal examiners for review board, at .,..., 2, 000

10 INTKODUCTION.

In the appropriation bill for the year ending June 30, 1884, no
change was made, except that but two (instead of four) qualified sur-
geons at $2,000 each were provided for.

In the appropriation bill for the fiscal year ending June 30, 1885, the
officers and salaries provided for remained the same, except the salary
of the medical referee was increased to $3,000 per annum and the re-
view board was increased by the addition of ten principal examiners
at $2,000 each.

In the act making appropriations for the fiscal year ending June 30,
1886, no change in the number of officers or in the amounts of their
salaries was made, above the grade of fourth-class clerkships.

[Note. — In this act provision wasmade for eighteen medical examiners at an annnal
salary of $1,800 each, who while not strictly fourth-class clerks, received the same
salary. ]

DIGEST OF THE LAWS OF THE UNITED STATES RELATING TO
SPECIAL EXAMINERS EMPLOYED UNDER THE DIRECTION AND
CONTROL OF THE COMMISIONER OF PENSIONS.

ActofJulyU,lS62:

" Sec. 12. And be it further enacted, that the Secretary of the Interior
be, and he is hereby, authorized to appoint a special agent for the Pen-
sion Of&ce to assist in the detection of frauds against the pension laws,
to cause persons committing such frauds to be prosecuted, and to dis-
charge such other duties as said Secretary may require him to perform ;
which said agent shall receive for his services an annual salary of twelve
hundred dollars, and his actual traveling expenses incurred in the dis-
charge of his duties shall be paid by the Government." [U. S. Stat
ut^s at Large, vol. 12, p. 569.]

By an act approved July 4, 1864, the foregoing enactment was re-
pealed and, in lieu thereof, the following was enacted :

'^ Section twelve of the act to grant pensions, approved July 14, 1862,
is hereby repealed ; and the Commissioner of Pensions is authorized
and empowered to detail, from time to time, clerks in his ofl&ce to in-
vestigate suspected attempts at fraud on the Government through the
Pension Office, and to aid in prosecuting any persons so offending, with
such additional compensation as is customary in cases of special serv-
ice." [U. S. Statutes at Large, vol. 13, p. 387; Brightly^s Digest,
vol. 2, p. 360.]

Act of March ^, 1873:

"Sec. 30. That the Commissioner of Pensions is hereby authorized
and empowered to detail, from time to time, clerks in his office to inves-
tigate suspected attempts at fraud on the Government of the United
States, through and by virtue of the provisions of this or any other act
©f Congress providing for pensions, and to aid in prosecuting any per-
sons so offending, with such additional compensation as is customary in
cases of special service ; and that any person so detailed shall have the
power to administer oaths and take affidavits in the course of any such
investigation." [Sec. 4744, R. S.]

Act of March ^^ 1875:

*' [Par. 3.] That the additional compensation authorized by section
four thousand seven hundred and forty-four of the Revised Statutes

12 SPECIAL SERVICE.

to be paid to clerks detailed to investigate suspected attempts at fraud
upon the Government through and by virtue of the pension laws, shall
be the actual necessary expenses of transportation, and a j^er diem al-
lowance, in lieu of subsistence, not exceeding four dollars i?er diem."
[Supplement to Kevised Statutes U. S., vol. 1, p. 157.]

In an act approved July 25, 1882, the following was adopted as an
amendment to section 4744, K. S., before referred to :

"The Commissioner of Pensions is authorized to detail, from time to
time, clerks or persons employed in his office to make special examina-
tions into the merits of such pension or bounty-land claims whether
pending or adjudicated, as he may deem proper, and to aid in the pros-
ecution of any party appearing on such examinations to be guilty of
fraud, either in the presentation or in procuring the allowance of such
claims; and any person so detailed shall have power to administer
oaths and take affidavits and depositions in the course of such examina-
tions, and to orally examine witnesses, and may employ a stenographer
when deemed necessar^^ by the Commissioner of Pensions, in important
cases, such stenographer to be paid by such clerk or person, and the
amount so paid to be allowed in his accounts." [U. S. Statutes at
Large, vol. 22, p. 175.]

In the act approved July 7, 1884, making appropriations for the fis-
cal year ending June 30, 1885, the following was adopted :

* * * " For an additional force of one hundred and fifty special
examiners, for one year, at a salary of one thousand six hundred dollars
each, two hundred and forty thousand dollars ; and no person so ap-
pointed shall be employed in the State from which he is appointed :
Provided^ That all of said appointments shall be temporary and on pro-
bation." ♦ » •

In the act approved March 3, 1885, making appropriations for the fis-
cal year ending June 30, 1886, the following was adopted :

• * * « YoT an additional force of one hundred and fifty special
examiners, for one year, at a salary of one thousand four hundred dol-
lars each, two hundred and ten thousand dollars ; and no person so ap-
pointed shall be employed in the State from which he is appointed ;
and any of those now employed in the Pension Office or as special ex-
aminers may be reappomted if they are found to be qualified." ♦ ♦ ♦

DIQEST

OF THE

LAWS OF THE UNITED STATES

RELATING TO THE :

ADJUDICATION OF CLAIMS FOR PENSION AND BOUNTY-LAND, I

TOGETHER WITH j

OPINIONS OF THE ATTORNEY-GENERAL, DECISIONS OF THE SECRETARY ]

OF THE INTERIOR, AND THE RULINGS AND ORDERS OF i

THE COMMISSIONER OF PENSIONS THEREUNDER. j

DIGEST OF LAWS, DECISIONS, RULINGS, ORDERS, ETC.

ABANDONMENT.

Section 4706, Eevised Statutes.

If iiuj person has died, or shall hereafter die, leaving a widow entitled
to a pension by reason of his death, and a child or children under six-
teen years of age by such widow, and it shall be duly certified under
seal, by any court having probate jurisdiction, that satisfactory evidence
has been produced before such court, upon due notice to the widow, that
she has abandoned the care of such child or children, or that she is an
unsuitable person, by reason of immoral conduct, to have the custody
of the same, on presentation of satisfactory evidence thereof to the
Commissioner of Pensions, no pension shall be allowed to such widow
until such child or children shall have attained the age of sixteen years,
any provisions of law to the contrary notwithstanding, and the said
child or children shall be pensioned in the same manner, and from the
same date, as if no widow had survived such person, and such pension
shall be paid to the guardian of such child or children ; but if in any
case payment of pension shall have been made to the widow, the pension
to the child or children shall commence from the date to which her
pension has been paid.

Sec. 12, 3 March, 1873; sec. 11, 6 June, 1866; sec. 8, 27 July, 1868.

DECISIONS OF THE SECRETARY OF THE INTERIOR.

1. A widow who abandons her minor child or children forfeits her
title to pension.

Minors of J. Conradt. App. No. 95,810. O. H. Browiiing, Secretary. Sept. 17, 1867.

2. Where a soldier left a minor child by a former wife who was allowed
pension from the date of his death to terminate when said child became
sixteen years of age, and where the second wife of said soldier, who had
abandoned said minor child, and of whose existence the office was igno-
rant until May 20, 1872, when she applied for pension to commence from
the date the minor became sixteen years of age: Reld^thsit the widow^s
right accrued upon the date of the soldier^s death, but as she did not
apply within five years from that date her pension was properly mado

16 *: ■^' /\/vm:^lO^ LAWS, DECISIONS, dtC. 1

ABANIJOl^iEOT-Opntinued. ]

to commence from the date it was filed, rather thau from the date the \
minor child became sixteen years of age. |

Catharine Elbert. App. No. 160,958. C. Delano, Secretary. Sept. 24, 1873. Vol. 3, p. 80, j

BUIilNG OF THE COMMISSIONER OF PENSIONS. 1

Ruling No. 1. December 3, 1874. :

When a widow has been deprived of her pension on account of i
abandonment of her children by the soldier, or unfitness to have cus- \
tody of the same, any increase of pension which accrued before the i
supension of the original pension can be paid to the widow after the *
children attain the age of sixteen years. It cannot be paid before that ;

date.

ABSTRACTS. * )

DECISION OF THE SECRETARY OF THE INTERIOR. ]

Abstracts furnished to attorneys should exclude record, medical, and j
confidential evidence. ]

Isaac Miller, App. No. 165,878. C. Delano, Secretary. Sept. 19, 1874. Vol 8, p. 311. ;

ACCIDENTS.

See Line of Duty, par. 9. \

ACCIDENTAL GUNSHOT WOUNDS. ^

•i

See Line of Duty, par. 9. i

ACCRUED PENSION.

Section 4718, Revised Statutes. ]

If any pensioner has died, or shall hereafter die, or if any person 5
entitled to a pension, having an application therefor pending, has diedj
or shall hereafter die, his widow, or if there is no widow, the child or i
children of such person under the age of sixteen years shall be entitled;
to receive the accrued pension to the date of the death of such person. *
Such accrued pension shall not be considered as a part of the assets of'
the estate of deceased, nor liable to be applied to the payment of thei
debts of said estate in any case whatever, but shall inure to the solej
and exclusive benefit of the widow or children; and if no widow or-
child survive, no payment whatsoever of the accrued pension shall be^
made or allowed, except so much as may be necessary to reimburse the^
person who bore the expenses of the last sickness and burial of the:
decedent, in cases where he did not leave sufficient assets to meet suclw
expenses.

Sec. 25, 3 March, 1873 ; sec. 10, 4 July, 1864 ; sec 6, 6 June, 1866 ; see. 4, 25 July, 1866 ; eeo. 9, 27 July,'^
1868; sec. 2, 2 March, 1829 ; sees. 1, 2, 3, 19 June, 1840 ; also, see note to each of the last two-3
named acts in Mayo and MoultoD. !

PENSION LAW.S, DECISIONS, &C. 17

ACCRUED PENSION— Continued.

DECISIONS OF THE SECRETARY OF THE INTERIOR.

1. On deatli of soldier after completion of his claim for invalid pen-
sion, widow entitled to accrued pension.

Instructions: Cox, J. D., Secretary. July 12, 1869. Vol. 2, p. 202.

2. Does not constitute a part of the assets of a deceased pensioner.

Johnson, Ann B. Xo. 652. Cox, J. D., Secretary. Dec. 18, 1869. Vol. 2, p: 142.

3. The words -' pensioner" and ''person" in section 4718, Revised
Statutes, include widows, pensioners.

Kilpatrick. Sarah. Ctf. No. 6,591. Chandler, Z., Secretary. August 12, 1876. Vol. 4, p. 370.

4. Widow entitled to, where soldier died during the pendency of his
claim, prior to passage of the act of January 25, 1879, under acts of
January 25 and March 3, 1879, and section 4718.

Kusaell, Amelia D. App. No. 207,304. Schurz, C, Secretary. April 25, 1879. Vol. 6, p. 312.

5. Heirs not entitled to, other than as specified in section 4718, Re-
vised Statutes.

Lemaster, George, heirs of, (1812). Schurz, C, Secretary. May, 1, 1879. Vol. 6, p. 320.

See Service Pensions, War of 1812, par. 1.

6. Soldier- died while his claim for pension was pending, leaving a
widow and a daughter under sixteen years of age.

After the child attained the age of sixteen years the mother died, and
still later the pension was allowed and certificate therefor was issued.
Reld^ that the pension wiiich had accrued up to the date of the death
of the father should be i)aid to the daughter.

Thierrj', Francis. App. No. . MacVeagh, Wayne, Attorney-General. August 12, 1881.

Vol. 8, p. 386.

7. The claimant, a widow, was pensioned from the date of her hus-
band's death, who had never applied for pension during his lifetime. She
claimed that, "because her husband was insane and unable to make an
application, her pension should commence from the date of his dis-
charge." This claim was rejected for the reason that the soldier had
never applied for pension.

In aflarming this action, it was decided that " the pension law exempts
the claims of insane persons from any limitation based upon the time
of filing. There is, however, no authority for the allowance of the claim
of such person in the absence of a properly-executed application made
by a guardian. The only law bearing upon the case is contained in
section 4718 of the Revised Statutes. That section provides that when
an invalid dies, having an application pending, the widow shall be en-
titled to receive the pension which accrued prior to his death. From
the require mQut that there must be a pending claim of the invalid in
order to give his widow a right to the pension to whicli his disability en-
titled him, there is no exception in any case whatever.

TJhrich, May. Ct. No. 196,153. Teller, H. M., Secretary. July 22, 1882. Vol. 9, p. 324.

7018 PEN 2

18 PENSION LAWS, DECISIONS, &.C.

ACCRUED PENSION— Continued.

RUX.INGS OF THE COMMISSIONER OF PENSIONS.

Ruling No. 30. January, 12, 1877.
Since the promulgation of ruling defining the application of the words
" any pensioner" * * * or *^ any person entitled to a pension," in
section 4718, Eevised Statutes, the subject-matter of said ruling has
been brougnt to the attention of the Attorney-General, who has decided
that the operation of said section should not be restricted to invalid
claimants and pensioners.

See Opinions of the Attorneys-General. Vol. 15, p. 591.

Ruling No. 148. Novemher 18, 1885.
The provisions of section 4718, Revised Statutes, govern in every case
in which the direct beneficiary under a pension certificate has deceased.
Alleged wrong and neglect upon the part of the Pension Office or pen-
sion agencies do not give rise to title not otherwise conferred by law.
The Government is not responsible for the torts or laches of the pension
agents.

Malitty Rose. Ctf. No. 3, 259. (Old war.)

ADDITIONAL PAYMASTERS.

See Civilians in Service of a Quasi-Militaey Character,
par, 1.

ADMINISTRATORS.

JSee Arrears, par. 2, and Accrued Pension, {Ruling, 148).

ADULTEROUS COHABITATION.

Act of August 7, 1882.

Sec. 2. That marriages, except such as are mentioned in section forty-
seven hundred and five of the Revised Statutes shall be proven in pen-
sion cases to be legal marriages according to the law of the place where
the parties resided at the time of marriage or at the time when the right
t© pension accrued ; and the open and notorious adulterous cohabitation
of a widow who is a pensioner shall operate to terminate her pensiou
from the commencement of such cohabitation.

DECISIONS OF THE SECRETARY OF THE INTERIOR

1. Upon a careful consideration of the act of August 7, 1882, it is
believed that it was not intended that it should be applied to any other
pensioners or applicants for pension than those who claim as widows of
soldiers.

McAllBter, Eliza, mot4ier of Royal FlUlt. :^^o, ?&3,}&3- T^Uct, «, M-, Sepretwy, Joly 19, 18^3,
VPllO.p.496,

PENSION LAWS, DECISIONS, &.C. 19

ADULTEROUS COHABITATION— Continued.

2. lu the view of the Department, the provisions of the act of August
7, 1882, above referred to, has no affect to deprive a widow of her pen-
sion if the adulterous cohabitation ceased before the passage of the act.

Parker, Elsie A. Ctf. No. 180,081. Joslyn, M. L., Acting Secretary. August 23, 1884. Vol. 11
p. 345. ' *

RUIilNGS OF THE COMMISSIONER OF PENSIOIS^S.

EULiNa No. 105. May 20, 1885.
Where soldier died in service, and about the date of his enlistment
his mother and father separated, the mother leaving home and joining
a man with whom she has continued to live and cohabit to the present
time : Held, that this relation of mistress and paramour precludes the
idea of the dependence of the mother upon the soldier, and her claim,
for that reason, should be rejected.

Mother of Walter lugerich. App. No. 217,181.

Ruling No. 113. J^me 3, 1885.

Pensioner's (widow's) name dropped from the rolls January 1, 1866,
because of her assumption of marriage relations with one Creighton.
Claim made to restore her name to the rolls from date of dropping to
August 7, 1882, the date of the approval of the act of Congress bearing
upon the subject : Heldj that the action by which the pension was termi-
nated was proper, even admitting that the pensioner had not performed
such an act as could be held to constitute legal marriage under the
laws of the State of Maryland, where she resides^

It clearly has been the intent of Congress at all times, even prior to
the passage of the act of August 7, 1882, to discountenance the claims
of a certain class of soldiers' widows who dishonor the dead by living in
adulterous cohabitation while drawing the pension allowed for the loss
of the husband's support. A contrary view would simply have the ef-
fect of putting a premium upon a system of prostitution. * * * #

Widow of James Lingers. Ctf. Xo. 188,060.

EULING Ko. 154. Becemher 4. 1885.
In a case where the widow of a colored soldier since the death ot* her
husband was shown to have given birth to two illegitimate children,
one before and one after the passage of the act of August 7, 1882, the
Commissioner Held, that there could be no stronger proof of open and
notorious adulterous cohabitation than the birth, out of wedlock, of two
bastards. The case is governed by the provisions of the act above re-
ferred to, and should be rejected.

Widow of George Martin. App. Xo. 270,571.

See Eemauriage of Widows, and Eemarriage of De-
PENPENT Mothers,

20 PENSION LAWS, DECISIONS, &C.

ADVERSE RECORD.

DECISIONS OF THE SECRETARY OF THE INTERIOR.

1. A disability which is shown by surgeon's certificate to have ex-
isted at enlistment is not pensionable.

Crozier, Henry L. App. No. 112,786. Browning, O. H., Secretary. October 9, 1866. Vol. 2, p.
188.

2. Certificate of disability based on claimant's own statements can-
not be held to prejudice his claim if it is shown to have been false.

Wheeler, Montsier. App. No. 210,440. Chandler, Z., Secretary. June 22, 1876. Vol. 4, p. 325.

3. Of the existence of disability prior to enlistment can only be con-
troverted by the positive and cumulative testimony of medical men.

Blew, Nathan. App. No. 171,983. Chandler, Z., Secretary. June 24, 1876. Vol. 4, p. 327. ( Vide
Terry, Charles. App. No. 208,873. Chandler, Z., Secretary, December 21, 1876. Vol. 4, ^.
480.

4. Certificate of disability based upon admission of claimant that dis-
ability existed at a period prior to date of enlistment sufficient ground
for rejection of application for pension.

Coates, Charles. App. No. 131,136. Schurz, C, Secretary. October 9, 1879. Vol. 7, p. 14.

5. Made by the regimental surgeon, i^resumably in a position to know
the facts, sufficient ground for rejection when (as in case cited) no suffi-
cient evidence is filed to controvert such record.

Carr, John W. App. No. 238,194. Schurz, C, Secretary. February 14, 1880. Vol. 7, p. 218.

C. Where the soldier was discharged upon certificate of disability,
made by the surgeon of a general hospital, because of valvular disease
of the heart and hypertrophy, existing prior to enlistment, although the
source from which said opinion was derived cannot now be determined,
it must be presumed, from the history of the case (as from the soldier's
direct statement the surgeon found sufficient evidence to warrant him
in making such record), and the admissions of the claimant, that he was
afflicted with rheumatism in shoulders prior to enlistment : Held, upon
the facts presented, that the rejection of the claim was proper.

Dillon, John C. App. No. 60,271. Schurz, C, Secretary. February 19, 1880. Vol, 7, p. 221.

7. Where soldier was discharged on certificate of disability, signed
by the surgeon of the regiment, on account of cicatrix from cut on foot

. received prior to enlistment, which certificate is silent as to claimant's
allegation that injury was received in the service, the presumption is
strong that, if the claimant had been disabled as alleged, the surgeon
would have known it and mentioned it in his certificate (dated but a
short time after alleged date of injury), taken in connection with claim-
ant's admission that his injury was received prior to enlistment. Re-
jection affirmed.

Harwootl, Joseph H. App. No. 224,121. Schurz, C, Secretary. February 27, 1880. Vol. 7, p.
234.

8. Made by a party who was not in a situation which would give
him a personal knowledge of the facts may be controverted by other

PENSION LAWS, DECISIONS, &C. 21

ADVERSE RECORD— Continued.

evidence, and the claim established by parol testimony, notwithstand-
ing such adverse record.

Nelson, Hendrick. App. No. 237,368. Schurz, C, Secretary. April 2, 1880. Vol. 7, p. 275.
(Vide Wilson, Andrew. App. No. 167,591. Delano, C, Secretaiy. May 5, 1874. Vol.3,
p. 122.)

9. Where record of the Navy Department shows that the disability
for which the party was sent to hospital, and on account of which he
claims a pension, was not due to the service and line of duty : Held,
that mother's claim should be rejected.

Boyle, Richard (Navy). Schurz, C, Secretary. May 8, 1880. VoL 7, p. 335.

10. Where soldier was discharged on certificate of disability, signed
by the surgeon of the regiment, stating that the injury to limb was
received in a scufile with a comrade soon after enlistment, it appearing
that such information was derived from a comrade coincident with the
accident, and that such injury was received at a date prior to that al-
leged by the claimant : Held, that it may be true that the soldier was
injured as claimed, but the testimony furnished (13) years after the
date of the alleged occurrence isr not sufficient to controvert the record
and to show that the injury for which pension is claimed was received
in line of duty.

Mack, Lyman. Ctf. No. 150,692. Schurz, C, Secretary. May 18, 1880. Vol. 7, p. 359.

11. Where soldier was discharged upon certificate of disability," signed
by the surgeon of his regiment and the captain of his company, stating
that the disability for which he was discharged, and for which he claims
a pension, existed prior to enlistment : Held, that the rejection of the
claim was proper.

Banmck, Francis. App. No. 235,932. Schurz, C, Secretary. June 12, 1880. Vol. 7, p. 397.
Ficie Taylor, Abel. App. No. 236,303. Schurz, C, Secretary. June 17, 1880. VoL 7, p. 402.

12. Where claimant was discharged on certificate of disability signed
by ofl&cers of his company and regiment, stating that ''probably" the
disability for which he was discharged had its origin prior to enlist-
ment — as he had been unfit for duty all the time he had been in the
service — which certificate was corroborated by testimony elicited on
special investigation : Held, that claim for pension based upon disease
alleged to have been contracted in the service, and for which he was
discharged, should be rejected.

Dixon, George W. App. No. 193,372. Schurz, C, Secretary. July 15, 1880. VoL 7, p. 432.

13. Where soldier was discharged upon certificate of disability show-
ing, from his own admissions, that he was not sound, physically, at the
date of his enlistment : Held, that the testimony of an officer, in con-
flict with the hospital records, should not be accepted to show origin in
line of duty.

Eldred, Zenas. App. No. 261,735. Bell, A. , Acting Secretary. September 9, 1880, VoL 7, p. 483,

22 PENSION LAWS, DECISIONS, &C.

ADVERSE RECORD— Continued.

14. Where claimaDt was discharged on certificate of disability where-
in it is stated that disabihty existed previous to date soldier was drafted,
though increased since : Held, that the admissions of the claimant made
coincident with his discharge cannot be controverted by his state-
ment made from memory years afterwards.

Newdecker, Philip. App. No. 205,590. Bell, A., Acting Secretary. September 17, 1880. Vol.
8, p. 8.

16. A soldier was discharged November 22, 1865, on a certificate of
disability signed by the regimental surgeon, because of '^ inguinal her-
nia caused by his becoming intoxicated and while undergoing punish-
ment by the gag. He endeavored to liberate himself therefrom in a
violent manner." He made no claim for invalid pension and died in
December, 1872, of chronic pleuritis. His widow filed her claim and
presented testimony tending to show that the cause of his death was
" an injury resulting in hernia, which injury he received while on drill,
by falling over a stump, instead of having been received as set forth in
the certificate of disability." The rejection of the claim " on the ground
that the injury which caused the soldier's death was received by him
while resisting his superior officer," was affirmed on appeal, it being
held that " when it is sought to set aside the weight of an adverse cer-
tificate of disability, the testimony on that point should be of the most
satisfactory and conclusive character."

O'Donnell, Mary. App. No. 245,696. Teller, H. M., Secretary. March 13, 1884. VoL 11, p. 174.

16. Positive in its character cannot, after a lapse of years, be set
aside by parol testimony.

Gilchrist, Alexander. App. No. 29,286. Schurz, C, Secretary. September 28, 1880. Vol, 8, p.
31.

17. The claimant made a tender of resignation as first lieutenant in
consequence of disability as stated in the surgeon's certificate annexed
thereto, showing that the disability existed prior to enlistment accord-
ing to his statements made to the surgeon.

The claimant in an affidavit denies the truth of the certificate and
denies that he received the injury in his youth as stated therein. His
admissions, however, in his appeal, appear " to corroborate the certifi-
cate of disability."

"It shows that Surgeon Dickinson based his statement upon in-
formation obtained from the appellant, and it is to be presumed that
said statement was the expression of his professional opinion after hear%
ing the whole history of the case. However that may be, the fact that
the appellant attached the surgeon's certificate to his letter of resigna-
tion shows that he had it in his possession and must have known its
contents. By forwarding it as the basis of his application for dis-
charge he gave it his indorsement, so that it became, in effect, his own
statement.

Ralston. Isaac T. App. No. 197,078. Joslyn, M. L., Acting Secretary. March 28, 1884. Vol.
11, p. 184.

PENSION LAWS, DECISIONS, &C. 23

AFFIDAVITS.

See Evidence.

AGENTS AND ATTORNEYS.

See Attorneys.

AMPUTATION AT HIP-JOINT.

Act of March 3, 1879.

Be it enacted by the Senate and Rouse of Representatives of the United
States of America in Congress assembled, That all pensioners now on
the pension-rolls, or who may hereafter be placed thereon, for amputa-
tion of either leg at the hip-joint, shall receive a pension at the rate of
thirty-seven dollars and fifty cents per month from the date of the ap-
proval of this act.

See sees. 4697, 4698, R. S.

DECISIOlSr OF THE SECKETARY OF THE INTERIOR.

" By amputation at hip-joint (see act of March 3, 1879) is understood
an amputation in which the whole of the thigh-bone is removed from
its socket."

Inman, Wm. Ctf. No. 36,236. Kirkwood, S. J. March 7, 1882. VoL 9, p. 123.

AMPUTATION AT SHOULDER- JOINT.

Act of March 3, 1885.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That all soldiers and sailors
of the United States who have had an arm taken off at the shoulder-
joint, caused by injuries received in the service of their country while
in the line of duty, and who are now receiving pensions, shall have their
pensions increased to the same amount that the law now gives to soldiers
and sailors who have lost a leg at the hip-joint; and this act shall ap-
ply to all who shall be hereafter placed on the pension roll.

See sees. 4697 and 4698, R. S., and act 3 March, 1879.

ANTE-REBELLION CLAIMS.

See Old Wars.

APPEALS.

DECISIONS OF THE SECRETARY OF THE INTERIOR.

1. Not allowable after final adjudication of five years, unless new evi-
dence is tiled upon which, after consideration. Pension Office declines
to change its action.

Widow of Manco C. Dickinson, Navy File No. 537. W. T. Otto, Acting Secretary. Septem-
ber 30. 1867.

24 PENSION LAWS, DECISIONS, &C.

APPEALS— Continued.

2. Not allowable when accompanied by additional' evidence, until
such evidence bas first been considered by the Pension Office.

Harrison, W. H. App. No. 70,178. Browning, O. H., Secretary. January 16, 18G8. Vol. 2, p.
1&3.

3. By an attorney who has been suspended from practice not allow-
able.

Instnictions : Cox, J. D., Secretary. October 2, 1869. Vol 2, p. 197.

4. Should furnish specific grounds therefor in separate letters in each
case.

Instructions: Cox, J. D., Secretary. January 14, 1870. Vol. 1, p. 71.

5. Not allowable from accounting officers of Treasury Department
after issue of pension certificate.

Osborne, Joseph E. Ctf. No. 103,405. Delano, C, Secretary. July 24, 1871. Vol. 2, p. 204.

6. Keports on, should contain opinion of medical referee on medical
questions.

Instructions: Delano, C, Secretary. December 9, 1872. Vol. 1, pp. 225-228.

7. Reports on, should show condition of claim, grounds for action,
&c. ,

Davis, Eli. Ctf. No. 102,276. Delano, C. Secretary. October 20, 1874. VoL 3, p. 341.

8. Decision on, or purport of, if affirmative, should be furnished claim-
ant or attorney.

Petty, Anna E. App. No. 209,160. Delano, C, Secretary. May 18, 1875. Vol. 4, p. 42.

9. Eeports on, wherein the action of the office is based upon volumi-
nous reports of special agents, an abstract of said evidence, brief in
form, and so arranged as to show, without labored examination, all the
evidence pro and con procured, should be submitted.

Taylor, Philip. App. No. 40,346. Co wen, B. R., Acting Secretary. January 7, 1876. Vol. 4, p.
176.

10. (1) Where claim has not been adjudicated, appeal will not be en-
tertained. (2) Where claim is fully proved it is not necessary that the
evidence be recapitulated in the report. (3) Where the office adheres
to its previous adverse action it should state specifically wherein the
evidence is deemed insufficient. (4) In case where the office declines to
allow the appeal the report should state distinctly the ground for ac-
tion.

Moore, Charles B, App. No. 189,797. Cowen, B. R., Acting Secretary. January 12, 1876. Vol.
3, p. 429.

11. ^N'otification of the result of appeals should emanate from the office
and be forwarded to the attorney, except where the action of the office
is overruled by the Department, and in special cases wliere the Depart-
ment notifies the appellant direct, in which latter case the office will be
advised of the fact.

/n«fruo(ion«; Chandler, Z., Secretary. Octobers, 1876. Vol. 4. p. 410.

PENSION LAWS, DECISIONS, &C. 25

APPEALS— Continued.

12. Are not to be considered in connection with evidence which has
not been presented to the Pension Office for action.

Whiteside, R. Ctf. No. 132,308. Schurz, C, Secretary. February 13, 1879. Vol. 6,.p. 259.

13. Where appeal is taken a report should be made to the Department
within fifteen days after its reference.

Instructions: Bell, A., Acting Secretary. August 27, 1879. Vol. 6, p. 482.

14. Reports on, entered by unauthorized persons should be made, but
the fact of want of authority on the part of such persons should be noted
therein.

Taylor, Robert. App. ^STo. 203,235. Schurz. C, Secretary. December 9, 1880. Vol. 8, p. 65.
RULING BY THE COMMISSIONER OF PENSIONS.

RULINO No. 84. March 29, 1885.
When an appeal is taken to the Secretary of the Interior from the ac-
tion of the Commissioner of Pensions in any claim for pension or bounty-
land, nothing further shall be done in the case in the Pension Office until
the same shall have received the consideration of the Secretary and have
been formally returned with his decision therein.

ARMY AND NAVY ROLLS AND RECORDS, WHERE FOUND.

The rolls and records of services rendered in the Army or Navy of
the United States,^which are on file in the various Bureaus of the Gen-
eral Government, are distributed as follows :

IN THE OFFICE OF THE ADJUTANT-GENERAL UNITED STATES ARMY.

Rolls of the officers and men of the Eegular Army, and generally of
all such volunteers as were regularly mustered into the service of the
United States.

IN THE OFFICE OF THE SECOND AUDITOR, UNITED STATES TREASURY.

Rolls of volunteers and militia engaged in the Seminole Indian War
of 1817-'185 in the Black Hawk Indian war of 1832; in the Florida
Indian war of 1835-'42; in the Creek Indian war of 1836-'37; in the
Rogue River Indian war of 1853; in the war with Mexico of 1846-'48;
in the Utah Indian disturbances, including the Nauvoo Legion (Mormon)
of 1850-'51, 1857-'58 ; in the New Mexico Indian disturbances of 1849 and
18o4-'o5 ; and in fact the rolls generally of militia and volunteers for serv-
ices in all the Indian wars and other disturbances since 1818; also
the rolls of various tribes or bands of Indians who have rendered serv-
ice to the United States ; also muster-out rolls of volunteers and regu-
lars; quarterly returns of deceased soldiers and final statements, the rolls
of Dartmoor prison, England, of the war of 1812; the records of the
Ordnance Corps and duplicates, with some exceptions, of all military
rolls on file in the office of the Adjutant- General, United States Army

26 PENSION LAWS, DECISIONS, &.C.

ARMY AND NAVY BOLLS AND RECORDS, WHERE FOUND— Cont'd.

IN THE OFFICE OF THE THIRD AUDITOR, UNITED STATES TREASURY.

Rolls of the volunteers and militia engaged in the Northwestern In-
dian war, (Waynes' war) of 1790, 1795; in the whisky insurrection in
Pennsylvania of 1794; in the war with Great Britain of 1812, 1815; and
in fact, in all wars and disturbances prior to the close of the war of 1812,
(February 17j 1815); in the Rogue River Indian war of 1854-'5o; also
the rolls of the California volunteers in Indian disturbances of 1850-'51;
also the records of quartermasters' employes, including the officers and
men of the ram fleet and gunboat flotilla employed on the Mississippi
River during the war of the rebellion, and the rolls of the Missouri
militia.

IN THE OFFICE OF THE REGISTER OF THE UNITED STATES TREAS-
URY.

Rolls of civilians engaged in the Aroostook disturbance in Maine of
183S-'39.

IN THE OFFICE OF THE FOURTH AUDITOR, UNITED STATES TREAS-
URY.

Pay rolls of officers and seamen of the ]S"avy and flotilla men for all
wars, and of officers and men of the Marine Corps, and rolls of Califor-
nia volunteers called into service by Commodore Hull in 1846-'47.

IN THE OFFICE OF THE BUREAU OF NAVIGATION, NAVY DEPART-
MENT.

Rolls of officers of the Navy for all periods.

IN THE OFFICE OF THE BUREAU OF EQUIPMENT AND RECRUITING,

NAVY DEPARTMENT.

Rolls of seamen for the war of the rebellion and, since.

IN THE PENSION OFFICE.

Rolls of the Continental Army of the war of the Revolution, not quite
complete for any one of the thirteen original colonies, and very incom-
plete for some of them ; rolls of the militia engaged in the Cayuse In-
dian war of 1848; copies of the rolls (the originals of which are at
Jefferson City, Mo.), of the militia engaged in the Osage Indian war
of 1837 ; also rolls of militia called out at the invasion of Plattsburg, N.
Y., in the war of 1812 ; some rolls of volunteers and militia engaged in
the New Mexico disturbances of 1853 ; in the whisky insurrection of
1794, and other miscellaneous rolls for service at different times and by
organizations of various characters.

PENSION LAWS, DECISIONS, &C. 27

ARMY AND NAVY ROLLS AND RECORDS, WHERE FOUND— Cont'd.

IN THE OFFICE OF THE ADJUTANT OF THE MARIN J: CORPS, HEAD-
QUARTERS MARINE BARRACKS, WASHINGTON, D. C.

Eolls of officers and men of the Marine Corps for all periods.

IN THE OFFICE OF THE SURGEON-GENERAL, UNITED STATES ARMY.

Records of hospitals and hospital treatment for all periods, except the
regimental hospital records of the volunteers of the late war, which
are in the Adjutant- General's Office.

IN THE OFFICE OF THE SURGEON-GENERAL OF THE NAVY OR IN THE

The records of all hospital treatment in the Navy, whether on ship-
board or in naval hospitals on shore.

IN THE OFFICE OF THE QUARTERMASTER-GENERAL, UNITED STATES

ARMY.

Rolls and records of quartermaster's employes generally, whether
serving on land or on board transports or other vessels in the employ
of the Quartermaster's Department. .

IN THE DIVISION OF REVENUE MARINE, OFFICE OF THE SECRETARY
OF THE TREASURY, TREASURY DEPARTMENT.

Records of the officers and seamen of the Revenue Marine Service.

ARREARS.

Section 4709, Revised Statutes, repealed, and the following enacted by act
approved January 25, 1879. ^

AN ACT to provide that all pensions on account of death, or wounds received, or
disease contracted in the service of the United States during the late war of the
rebellion, which have been granted, or which shall hereafter be granted, shall
commence from the date of death or discharge from the service of the United States,
for the payment of arrears of pensions, and other purposes.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That all pensions which have
been granted under the general laws regulating pensions, or may here-
after be granted, in consequence of death from a cause which originated
in the United States service during the continuance of the late war of
the rebellion, or in consequence of wounds, injuries, or disease received
or contracted in said service during said war of the rebellion, shaU com-
mence from the date of the death or discharge from said service of the
person on whose account the claim has been or shall hereafter be granted,
or from the termination of the right of the party having prior title to

28 - PENSION LAWS, DECISIONS, &C.

ARREARS— Continued.

such pension : Provided, The rate of pension for the intervening time
for which arrears of pension are hereby granted shall be the same per
month for which the pension was originally granted.

Sees. 4709, and 4710, E. S. Sees. 15, 17, act 3 March, 1873; sec. 5, act- 14 July, 1862; sec. 6, act 4
July, 1864; sec. 13, act 6 June, 1866 ; sec. 6, act 27 July, 1868.

Sec. 2. That the Commissioner of Pensions is hereby authorized and
directed to adopt such rules and regulations for the payment of tlie
arrears of pensions hereby granted as will be necessary to cause to be
paid to such pensioner, or, if the pensioner shall have died, to the per-
son or persons entitled to the same, all such arrears of pension as tlie
pensioner may be, or would have been, entitled to under this act.

Sec. 3. That section forty-seven hundred and seventeen of the Eevised
Statutes of the United States, which provides that '' no claim for pen-
sion not prosecuted to a successful issue within five years from the date
of filing the same shall be admitted without record evidence from the
War or Navy Department of the injury or the disease which resulted
in the disability or death of the person on whose account the claim is
made : Provided^ That in any case iu which the limitation prescribed
by this section bars the further prosecution of the claim, the claimant
may present, through the Pension Ofdce, to the Adjutant-General of
the Army or the Surgeon- General of the Navy, evidence that the disease
or iujury which resulted in the disability or death of the person on whose
account the claim is made originated in the service and in the line of
duty ; and if such evidence is deemed satisfactory by the officer to whom
it may be submitted, he shall cause a record of the fact so proved to be
made, and a copy of the same to be transmitted to the Commissioner of
Pensions, and the bar to the prosecution of the claims shall thereby be
removed," be, and the same is hereby, repealed.

Sec. 4717, R. S., repealed. Sec. 4709, R. S., repealed.

Sec. 4. No claim-agent or other person shall be entitled to receive
any compensation for services in making application for arrears of pen-
sion.

See sees. 4768, 4769, 4786, R. S. ~

Sec. 5. That all acts or parts of acts so far as they may conflict with
the provisions of this act be, and the same are hereby, repealed.

Act of January 26, 1879, amended as follows by act of March 3, 1879.
* * # * « ^ «

That the rate at which the arrears of invalid pensions shall be al-
lowed and computed in the cases which have been or shall hereafter be
allowed shall be graded according to the degree of the pensioner's
disability from time to time, and the provisions of the pension laws in
forc'e over the period for which the arrears shall be computed.

PENSION LAWS, DECISIONS, &C. 29

ARREARS—Continued.

That section one of the act of January twenty-fifth, eighteen hundred
and seventy-nine, granting arrears of pensions, shall be construed to
extend to and include pensions on account of soldiers who were enlisted
or drafted for the service in the war of the rebellion, but died or in-
curred disability from a cause originating after the cessation of hos-
tilities, and before being mustered out : Provided, That in no case shall
arrears of pensions be allowed and paid from a time prior to the date of
actual disability.

Sec. 2. All pensions which have been, or which may hereafter be,
granted in consequence of death occurring from a cause which originated
in the service since the fourth day of March, eighteen hundred and sixty-
one, or in consequence of wounds or injuries received, or disease con-
tracted since that date, shall commence from the death or discharge of
the persoii on whose account the claim has been or is hereafter granted,
if the disability occurred prior to discharge; and if such disability oc-
curred after the discharge then from the date of actual disability, or from
the termination of the right of party having prior title to such pension :
Provided y The appli(iation for such pension has been or is hereafter
filed with the Commissioner of Pensions prior to the first day of July,
eighteen hundred and eighty, or otherwise the pension shall commence
from the date of filing the application ; but the limitation herein pre-
scribed shall not apply to claims by or in behalf of insane persons and
children under sixteen years of age.

Sec. 3. Section forty-seven hundred and nine of the Revised Stat-
utes is hereby repealed.

Section 4711, Revised Statutes.

It shall be the duty of the Commissioner of Pensions, upon any ap-
plication by letter or otherwise by or on behalf of any pensioner entitled
to arrears of pension under section forty-seven hundred and nine, or if
any such pensioner has died, upon a similar application by or on behalf
of any person entitled to receive the accrued pension due such pensioner
at his death, to pay or cause to be paid to such pensioner, or other per-
son, all such arrears of pension as the pensioner may be entitled to,
or, if dead, would have been entitled to under the provisions of that
section had he survived.

* * * * * * »

Sec. 17, 3 March, 1873.

Section 4712, Revised Statutes.

[Extends provisions of former acts to ante-rebellion pensioners.]
See Old Wars.

Act of June 9, 1880.

[Provides for restoration of naval pension rates.]
See Navy.

30 PENSION LAWS, DECISIONS, &C.

ARREARS— Continued.

DECISIONS OF THE SECRETARY OF THE INTERIOR.

1. Due in claims for restoration (renewal) under section 3, act of July

27, 1868.

Wheelor, Agnes. App. No. 3,364. Cox, J. D., Secretary. October 4, 1869. Vol. 2, p. 144.

2. Not due to an executor or administrator if soldier during bis life-
time never made application therefor.

Sannders, Isaac B. Ctf. No. 66,982. Cox, J. D., Secretary. November 16, 1869. Vol. 2, p. 146.

3. Not due to the minor of a soldier where soldier during his lifetime
made no application therefor.

Conser, William (guardian). App. No. 134,301. Cox, J. D., Secretary. April 15, 1870. Vol. 2,
p. 198.

4. Under act of January 25, 1879, not authorized to be collected by
Soldiers' Home on assignment or otherwise.

Devens, Charles, Attorney-General. Angnst 19, 1879. Vol. 7, p. 46.

5. Of pension cannot be allowed where original pension was granted
by special act.

Woodson, Edwin. Ctf. No. 112,891. Schnrz, C, Secretary. September 11, 1879. Vol. 6, p. 459.
Roberts, Jonathan. Ctf. No. 156,734. Schurz, C, Secretary. November 14, 1879. Vol. 7,
p. 58.

6. Of pension, under acts of January 25 and March 3, 1879, from date
of soldier's discharge to date of his death, not due to widow where
soldier himself failed to make application during his lifetime.

Lord, Mary A., widow of Lord, H. E. Ctf. No. 168,364. Schurz, C, Secretary. October 13, 1879.
Vol. 7, p. 21. See, also, decision of Attorney-General of the United States aflfirming this de-
cision. Vol. 7, p. 22.

7. From date of soldier's death to the date of the commencement of
the mother's pension, settled under the limitations of act of July 27,
1868 (commencing from the date of filing of last essential evidence),
cannot be paid to the father, as section 4718, Revised Statutes, does
not authorize the payment to a father of a soldier the pension which
accrued to the mother.

Dees, James. Ctf. No. 182,289. Schurz, C, Secretary. October 18, 1879. Vol. 7, p. 28.

8. Appellant served in the Army as hospital steward, and his right to
pension accrued upon the passage of the act of June 6, 1866 (section 10),
granting pension for such rank. His original applicaHon was filed
November 20, 1869, within the time prescribed by the act of July 27,
1868, and his claim was adjudicated in August, 1876, to allow him pen-
sion from the date of his discharge from service. Held, that the acts
of January 25 and March 3, 1879, do not, under the circumstances above
set forth, confer right to any arrears of pension, and the rejection of his
claim for such arrears is affirmed.

PENSION LAWS, DECISIONS, &C. 31

ARREARS— Continued.

9. Under acts of January 25 and March 3, 1879, due an invalid pen-
sioner at date of death can only be paid as prescribed by section 4718,
Revised Statutes.

Lyle, Peter. Ctf. No. 138,458. Schurz, C, Secretary. May 10, 1880. Vol. 7, p. 335.

10. Beneficiaries under section 4757, Eevised Statutes, not entitled
to arrears under the acts of January 25 and March 3, 1879.

Pierce, Janus W. (Navy). Ctf. No. 2,316. Schurz, C, Secretary. September 23, 1880. Vol. 8,
p. 17.

11. Under the act of June 16, 1880, the difference between $jO and
$72 will not be paid for any period of time during which the pensioner
was not entitled to $50 per month.

Brown, William T. Ctf. No. 51,281. Schurz, C, Secretary. February 18, 1881. Vol. 8, p. 151.
(Acta of June 18, 1874, and June 16, 1880.)

12. Cannot be paid mother of soldier where soldier himself made no
application for pension during his lifetime.

/See Dependence (Mothers), par, 11, and Mothers, ^ar. 8.

13. Where a soldier, at the time of his death, had a claim for invalid
pension pending, on account of an injury to his back and loins, which
was subsequently rejected, and his widow was pensioned on account
of his death, from chronic diarrhoea, it was held that, inasmuch as the
soldier, had not alleged, in his declaration, any disability from that dis-
ease, his widow was not entitled to pension for any period prior to the
date of his death.

William F. Blankenbaker. Ctf. No. 202,665. Kirkwood, S. J., Secretary. January 3, 1882. Vol. 9,
p. 55.

14. A soldier was granted pension "from March 26, 1875, the date on
which the last piece of evidence necessary to complete the claim was
tiled " in the Pension Office. " He died June 20, 1875, leaving, it is al-
leged, a widow and two children by a former wife under sixteen years
of age at the time of his death surviving. The widow, by whom the
soldier had no child or children, remarried prior to the passage of the
acts of January 25 and March 3, 1879, commonly known as the arrears
acts. The guardian of the minor children filed a claim for the arrears
of pension due on (the soldier's) said certificate from the date of the
soldier's discharge to the date of his death, and it was rejected on the
ground that the widow of the soldier was entitled to the same."

In affirming this action, on appeal, it was held that, under the provis-
ions of the second section of the act of March 3, 1879, " the soldier, if
he had lived, would have been entitled to arrears of pension from the
date of his discharge to the date his name was placed on the pension
rolls.

"The soldier having died and left surviving a widow, there would
seem to be no question but that she is entitled to pension under the
provisions of .'section 4718 of the Uevised Statutes."

Cook, Josepli H. gtf. Wo. 185,724, I'eUer, a. M., Seoretary, .Jauttary 16, 1884. Vol, 11, p. 133,

ARREARS— Continued.

father's claim to arrears upon decease of mother prior to
the passage of the acts of january 25 and march 3, 1879.

The soldier died November 23, 1861. llis mother was pensioned from
June 7, 1871, the date of filing the last piece of evidence necessary to
complete the claim. She died April 4, 1877, and the father was pen-
sioned at that date.

In disposing of the case on appeal, the following language is used, to
wit:

"This appeal is made from the action of your ofQce declining to di-
rect the payment, to the father, of the pension which would have been
payable to the mother prior to her death if she had been legally entitled
10 it from the date of the soldier's death to the time her pension was
made to commence.

" The mothers claim was adjudicated in accordance with the then
existing laws. Had she lived until the passage of the acts of Januarj^
25 and March 3, 1879, granting arrears of pensions, she would have been
entitled to the accrued pension from the date of her son's death to the
time her name was placed on the pension rolls.

" The law provides that the father's pension shall commence from the
date of the death of the mother. There is no provision of law under
which the appellant could be paid the pension which would have been
due to the soldier's mother had she lived until the passage of the acts
of Congress before referred to."

Newell, Jane S. Ct. No. 152,257. Joslyn, M. L., Acting Secretory. August 20, 1884. Vol.11,
p. 341. See, also, decision in case of James Dees, par. 7, under head of Arrears.

ARREARS OF INCREASE. MINORS' PENSIONS.

The soldier died October 19, 1864. His widow filed her claim for pen-
sion February 2, 18G5, and was pensioned at the rate of $8 per month
from the date of his death, and was subsequently granted an increase
of $2 per month on account of each of three children under sixteen
years of age, commencing July 25, 1866, the date of the passage of the
act for that purpose.

" Two of the children arrived at the age of sixteen years " before the
remarriage of the widow, viz, December 19, 1875, and the third one
was pensioned to the date he attained the age of sixteen years, viz, July
1, 1878."

These minors tiled claims for arrears of increase of pension from the
date of the soldier's death to July 25, 1866, the date of the widow's in-
crease, claiming title thereto, under the provisions of the 1st section of
the act of January 25, 1879.

In deciding this case on appeal, the following language is used, viz:
'' Section 4703, K(nised Statutes, i)rovides that the pensions of widows

PENSION LAWS, DECISIONS, &C. 33

ARREARS— Continued.

sliall be increased at the rate of two dollars per Inonth for each child
uiider sixteen years of age, to commence July 25, 1866.

'* The Department holds that no act of Congress passed subsequent
to July 25, 1866, fixes the date of commencement of the increase of wid-
ow's pension, prior to July 25, 1866, the date of the passage of the act
granting such increase. It appears that your office has paid all pen-
sions due the heirs of Frederick M. Dunn. Your action is affirmed."

Dunn, Frederick M., minors of. Ctf. No. 179,146. Teller, H. M., Secretary. January 27, 1885
Vol. 11, p. 420.

RATINa OF ARREARS.

The office should not be governed so much by the rating made in fig-
ures by the examining surgeon as by his description of the disabilities
found to exist.

Billings, Irving W. Ctf. No. 132,243. Schurz, C, Secretary. October 25, 1879. Vol. 7, p. 36.
READJUSTMENT OF RATING FOR ARREARS.

Requirement of the office for additional evidence showing the extent
of the disability for the period to which the appeal relates is proper.

Fisher, Charles H. Ctf. No. 154,139. Schurz, C, Secretary. October 24, 1879. Vol. 7, p. 38.

ARTIFICIAL LIMBS.

Section 4787, Revised Statutes.

Every officer, soldier, seaman, and marine who was disabled during
the war for the suppression of the rebellion, in the military or naval
service, and in the line of duty, or in consequence of wounds received
or dirfease contracted therein, and who was furnished by the War De-
partment, since the seventeenth day of June, eighteen hundred and
seventy, with an artificial limb or apparatus for resection, who was
entitled to receive such limb or apparatus since said date, shall be
entitled to receive a new limb or apparatus at the expiration of every
five years thereafter, under such regulations as have been or may be
prescribed by the Surgeon -General of the Army.

Sec. 14, 27 July, 1864; sec. 1, 17 June, 1870; act 30 June, 1870; sees. 1, 3, 8 June, 1872; see sec.
1177 E. S.; see sec. 1, act 15 Aug., 1876 ; see act 27 February, 1877.

Amended by act of February 27, 1877 {par. 168, 169 and 170) by adding
at the end of the section, the following :

'' The provisions of this section shall apply to all officers, non-com-
missioned officers, enlisted and hired men of the land and naval forces of
the United States, who, in the line of their duty as such, shall have lost
limbs or sustained bodily injuries depriving them of the use of any of
their limbs, to be determined by the Surgeon-General of the Army;
and the term of five years herein specified shall be held to commence
7018 PijN 3

34 PENSION LAWS, DECISIONS, &iC.

ARTIFICIAL LIMBS— Continued.

iu eacli case with the filing of the application for the benefits of this
section."

Section 4788, Revised Statutes.

Every person entitled to the benefits of the precediug section may, if
he so elects, receive, instead of such limb or apparatus, the money
value thereof, at the following rates, uamel5' i For artificial legs,
seventy- five dollars; for arms, fifty dollars ; for feet, fifty dollars ; lor
apparatus for resection, fifty dollars.

Sec. 1, 17 Juno, 1S70 ; sec. 1, 8 June, 1872 ; see sec. 1, 15 Aug., 187G, and sec. 4787 E. S.

Section 4789, Revised Statutes *
Superseded hij section 1, act of August 15, 1870, as follows :

AN ACT to regulate the issue of artificial limbs to disabled soldiers, seamen, aud

others.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled^ That every officer, soldier, sea-
man and marine, who, in the line of duty, in the military or naval serv-
ice of the United States, shall have lost a limb, or sustained bodily
injuries, depriving him of the use of any of his limbs, shall receive once
every five years an artificial limb or appliance, or commutation there-
for^ as provided and limited by existing laws, under such regulations
as the Surgeon-General of the Army may prescribe ; and the period of
five years shall be held to commence with the filing of the first applica-
tion after the seventeenth day of June, in the year eighteen hundred
and seventy.

Sees. 4787, 4788, 4789, 4790, 4791, E. S.

Sec. 2. That necessary transportation to have artificial limbs fitted
shall be furnished by the Quarter-master General of the Army, the cost
of which shall be refunded out of any money appropriated for the i)ur-
chase of artificial limbs : Provided. That this act shall not be subject to
the provisions of an act entitled ''An act to increase pensions," ap-
proved June eighteenth, eighteen hundred and seventy -four.

Section 4790, Revised Statutes.

As amended by par. 169, act of February 27, 1877.

Every person in the military or naval service wbo lost a limb during
the war of the rebellion, or is entitled to the benefits of section forty-seven
hundred and eighty- seven^ but from the nature of his injury is not able
to use an artificial limb,' shall be entitled to the benefits of section
forty-seven hundred and eighty-eight, and shall receive money-commu-
tation as therein provided.

Sec. 3, 17 Juno, 1870 ; sec. 1, 8 June, 1872 ; see sec. 1, 15 August, 1876 ; act 27 February, 1877.

PENSION LAWS, DECISIONS, &C. 35

ARTIFICIAL LIMBS— Continued.

Section 4791, Revised Statutes

The Secretary of War is authorized and directed to furnish to the
persons embraced by the provisions of section forty-seven hundred and
eighty-seven transportation to and from their homes and the place where
they may be required to go to obtain artificial limbs provided for them
under authority of law.

Act 28 July, 1866 ; sec. 2, 8 June, 1872; see sec. 2, 15 August, 1876; act 27 February, 1877.

Amended hy par. 170, act of February 27, 1877, by adding at the end of
the section the following :

" The transportation allowed for having artificial limbs fitted shall
bo furnished by the Quartermaster-General of the Army, the cost of
which shall be refunded from the appropriations for invalid pensions.'^

DECISIONS or THE SECRETARY OF THE INTERIOR.

1. Title to, forfeited by pensioners under act of July 18, 1874.

Daniel McMahon. Ctf. No. 69,294. C. Delano, Secretary. September 24, 1875. Vol. 4, p. 123.

2. Payment for, to be made from the appropriation for invalid pen-
sions, under act of March 1^ 1875, and the act of June 8, 1872, is not
considered as repealed by section 4787, Revised Statutes.

Instructioiw. Cowen, B, K., Acting Secretaiy. May 26, 1875. Vol. 4, p. 54.

3. Ai)propriation for, under act of March 3, 1881, must be expended
under the direction of the Secretary of the Interior by the pension
agents.

Instructions: Bell, A., Acting Secretary. August 8, 1881. Vol. 8, p. 372.

ATHLETIC SPORTS.

See Line of Duty, par. 10.

ATTORNEYS.

Section 190, Revised Statutes.

" It shall not be lawful for any person appointed after the first day
of June, one thousand eight hundred and seven tj^- two, as an officer,
clerk, or employe in any of the Departments, to act as counsel, attor-
ney, or agent for prosecuting any claim against the United States, which
was pending in either of said Departments while he was such officer,
clerk, or employe, nor in any manner, nor by any means, to aid in the
prosecution of any such claim, within two years next after he shall
have ceased to be such officer, clerk, or employ6.'^

Sec. 5, act 1 June, 1872.

36 PENSION LAWS, DECISIONS, &-C.

ATTORNEYS— Continued.

DECISIONS OF THE SECRETARY OF THE INTERIOR.

Department of the Interior,

Washington, D. C, September 17, 1885.
The Commissioner of the General Land Office :

Sir : In response to yours of the 14th instant, section 190 of the Ee-
vised Statutes has neither been amended nor repealed, and you, in com-
mon with every other officer in this Department, are instructed to see
that it be faithfully observed and enforced.

Ko officer, employ^, or clerk whose appointment is subsequent in
date to the first day of June, 1872, and who has not been out of office
two years or more is permitted to appear as attorney in the prosecution
of any claim against the United States which was pending while he
was in office ; and if it shall come to your knowledge that any such
former officer, knowingly and intentionally shall prosecute, or attempt
to prosecute any such claim you will please report the fact to me, and
proper action will be taken in reference thereto.
Yery respectfully,

L. Q. 0. LAMAE,

Secretary.

Department of the Interior,

Washington, October 6, 1885.

The Commissioner op the General Land Office :

Sir : I have received a letter from Luther Harrison, esq., late Act-
ing Commissioner of the General Laud Office, purporting to be an
appeal from your action as Commissioner of the General Land Office,
in refusing to recognize him as an attorney in certain matters pending
before that office. The facts in this case are shown in the following
correspondence :

"Washington, D. C, September 22, 1885.
"Hon. Wm. a. J. Sparks,

" Commissioner General Land Office :
"Sir : I was informed yesterday that you had instructed your chiefs
of divisions that I was not permitted to appear in any case pending
while I was in the employ of the General Land Office, and that in such
cases I should be denied access to the papers and not advised of the
action of the office respecting them.

" This action, I presume, was had under some supposed authority con-
tained in the letter of the Hon. Secretary of the Interior to you, of 17th
instant, directing, in response to your inquiry, an enforcement by you of
section 190 of the Eevised Statutes, prescribing the terms and conditions
upon which certain persons, previously employed by the Government,
may prosecute claims against it.

PENSION LAWS, DECISIONS, &C. 37

ATTORNEYS— Continued.

" This action on your ])art is not justilied either by the law or the Sec*
retary's letter referred to, and I respectfully request that you recon-
sider it.

'* The rights, privileges, and liberties of an American citizen, as guar-
anteed by the Constitution of our common country, are a priceless her-
itage left him by his forefathers, and should not be trampled upon to
satisfy the whim and selfish greed of persons who have been agitating
this matter, and who, but for the limitation of two years, during which
time they enjoyed a lucrative practice, would now come within the pro-
visions of the law. It is a serious thing to deprive a man of his only
means of earning a livelihood for himself and family, and should not be
done except for some crime committed, or unprofessional conduct, and
this branch of the case appeals to you upon other grounds which I need
only mention to be understood.

" I claim also that section 190 of the Revised Statutes has no applica-
tion to my case, because it provides that 'It shall not be lawful for any
person appointed after the first day of June, one thousand eight hun-
dred and seventy-two, as an officer, clerk, or employ^ in any of the
Departments to act as counsel, attorney, or agent for prosecuting any
claim against the United States which was pending in either of said
Departments while he was such officer, clerk, or employ^, nor in any
manner, nor by any means, to aid in the prosecution of such claims
within two years next after he shall have ceased to be such officer, clerk,
or employ^.

" This law clearly contemplates that any person who was not in the
employ of the Government on the first day of June, 1872, but was there-
after appointed to office, should not be permitted to prosecute any claim
against the Government which was pending while he was in office
within two years next after he shall have severed his official relations
with the Government.

'' This is apparent for the reason that the Constitution, under the head
of 'Limitations of the power of Congress,' in express terms provides :

" ' No bill of attainder or ex post facto law shall be passed.' (Art. 1,
section IX, paragraph 3.)

"At the date fixed by the law, June 1, 1872, I was a third class-clerk
in the General Land Office, and from that time, and before, to the 31st
of August, 1885, I was continuously employed in that office. It is true,
however, that I did not continue in that grade. The record shows, that
January 31, 1880, I was commissioned by the President to be principal
clerk on private land claims j September 20, 1882, was appointed by
Secretary to be chief clerk, and July 9, 1884, was commissioned by the
President to be Assistant Commissioner. My employment, however,
has been continuous from the date of my original appointment, De-
cember 9, 1865, to the 31st of August 1885, when my resignation of the

38 PENSION LAWS, DECISIONS, &,C.

ATTORNEYS— Continued.

office of Assistant Conimissiouer took eli'ect, and the record will also
show that I have been paid for every day during that period. The va-
rions positions which 1 have filled since the 9th day of December, 1865,
were a coutiuuation of the original appointment which was then made,
and which was the foundation of and key to my entrance into the public
service as a first class clerk, and they have always been considered pro-
motions from that grade.

^'I hope you will give this subject that serious consideration which it
merits at your hands and advise me promptly of your decision.
"Eespectfully,

"L. HAERISON."

Department of the Interior,

General Land Office,
Washington, D. C, ^eptemhtr 23, 1885.
Hon. L. Harrison :

Dear Sir : Yours of tlie 22d instant before me. In reply, I beg to
say that I transmitted to the chiefs of the various divisions of the
General Land Office a copy of the " Secretary's Instructions" in relation
to persons who had been officials of the office prncticing as attorneys
therein, with directions that they should cause the same to be strictly
complied with.

In this I certainly haxe neither deprived nor attempted to deprive
you of any of your constitutional and legal rights, nor have I thereby
indicated any unkindly treatment toward you personally, but simply,
as I conceive it, have discharged my official duty under the law, to the
head of the Department under which I serve.

It is not unknown to you that it has been, and is, my earnest desire
and determination, so far as in me lies, to do away with the loose prac-
tices that have heretofore existed in the General Land Office.

In this I shall continue, prompted by the sole desire to discharge a
duty, and certainly regretting if in doing this anybody shall feel that
they have cause of grievance, or that itJs aimed at them in any spirit
of uukindness or malevolence.
Very truly,

WM. A. J. SPARKS,

Commissioner.

In a communication addressed to me, as Secretary of the Interior,
dated September 30, and entitled as stated at the beginning of this
paper, Mr. Harrison says :

" It will be observed that the Commissioner does not directly decide
whether my case as presented to him falls within the provisions of the
law, yet in view of what I had stated as his action in the matter, he,
by inference, decides that it docs, and there can be no doubt about this,

PENSION LAWS, DECISIONS, &C. 39

ATTORNEYS— Continued.

for in his letter he says, without qualificatiou, that the directions given
were with reference to persons practicing who had been previously
oflBcials of the office, and that he had simply, as he conceived it, dis-
charged his official duty under the law to the head of the Department,
thus denying a reconsideratiou of his action. * * *
'^ I now respectfully appeal to you, and as grounds therefor state :
"(1) That section 190 Revised Statutes should be held to apply only
to the prosecution of claims for mouey.

"(2) That it has no application in the practice before the General Land
Office except in cases involving the payment of money.

'•(3) That in iny case the law has no application whatever."
In the course of his argument Mr. Harrison contends that he should
be excepted from the operations of the statute, for the following reasons:
*' I was then, and for some years previous, employed in the General
Land Office. From date of my original appointment to the 1st instant
I was not for a day, an hour, or an instant out of such employment.
It is true that my salary was increased by promotion to higher grades,
and that I performed different duties at dift'erent times. It is also true
that these promotions were made by new appointments. 1 contend,
however, that it was the clear intent of the statute to except from its
operations any person who on June 1, 1872, was an officer, clerk, or
employ^ in any Department, and who continuously thereafter remained
in such Department up to his severance of official relations, following
which he might seek to practice as an attorney."

OPINION.

The question presented is, whether a person who holds his appoint-
ment as an officer, clerk, or employ^ of the Department of the Interior
may act as counsel, attorney, or agent for prosecuting any claim against
the United States in that Department while he was such officer, clerk,
or employe, or can in any manner, or by any means, aid in the prosecu-
tion there of such claim, until two years have expired since the disso-
lution of his official connection with that Department.

The act of Congress of 1872 (section 190 of the U. S. Revised Statute^
reads as follows:

*^ It shall not be lawful for any person appointed after the first day of
June, one thousand eight hundred and seventy- two, as an officer, clerk,
or employ^ in any of the Departments, to act as counsel, attorney, or
agent for prosecuting any claim against the United States which was
pending in either of said Departments while he was such officer, clerk,
or employ^, nor in any manner, nor by any means, to aid in the prose-
cution of any such claim, within two years next after he shall have
ceased to be such officer, clerk, or employe."

The prohibition of this statute is unconditional, and comprehends in
its terms all of the Departments of the Government, every case of the

40 PENSION LAWS, DECISIONS, &C.

ATTORNEYS— Continued.

prosecution of a claim pending against the United States in any one of
them, and debars every officer, clerk, or employ^ from participating in
any manner, with any means, whether as counsel, clerk, or agent, in the
prosecution of that claim within the time designated.

I shall consider this case as an appeal from the decision of the Com-
missioner of the General Land Office in cases of contests relative to
titles to the public lands between claimants, and which were pending
while the appellant was a clerk in that office, and within two years
since his resignation.

The objection is that this statute has no reference to contests of title
to lands, but only to claims for money upon the United States, and that
the language of the statute and the policy of the act are each satisfied
by this interpretation.

I do not concur in this conclusion. The statute applies to all of the
Departments ; to all of the offices of the designated classes in each one
and to all prosecutions of claims of every class in the Departments
pending there while the officers, clerks, or employes appointed since
June, 1872, belonged to them. The act is not penal in its nature. It
authorizes no criminal prosecution, nor does it impute discredit or dis-
honor, nor affix stigma on any. It creates a civil disability for the pub-
lic utility. Its design is to elevate the public service, so that it may
inspire public confidence. The act plainly implies that it is not suita-
able or seemly for an officer, clerk, or employ^ shortly after his de-
parture from service in a Department, to appear before that Depart-
ment as a prosecutor of the claims pending therein against the United
States while he was a member of it.

The principle of the act is, that all the public servants in the Depart-
ment, whether officers, clerks, or employes, shall observe a condition
which at least tends to hinder them from appearance of being placed
under a suspicion of having had a conflict between their duties as offi-
cers or public agents and as men, and as giving preference to the last.
For two years after their resignation or dismission they are disabled
for the prosecution of claims in the Department against the United
States. The terms of the act are unqualified, and are very expressive
by their universality and absoluteness. My opinion is, they embrace
all persons commissioned or appointed in the Department since the first
day of June, 1872, as officer, clerk, or employ^, and who have not been
out of service for two years. N"either do I concur in the argument that
cases prof;ecuted in the Land Office relative to claims ior title to the
public lands are not included within the terms of the act.

Tbe power to dispose of the public domain, and to make rules re-
specting it under the acts of Congress, is confided to this Department.
The claims upon the United States respecting the disposition of their
iniblic lands arise out of treaties with foreign nations and Indian tribes;
compacts between the United States and States of the Union ; and laws

PENSION LAWS, DECISIONS, &cC. 41

ATTORNUYS—Continued.

of the Uoited States for disposition by sale, donation, or as bounties,
under laws for settlement, and grants of pre-emption and other forms
of contract. It would be difficult to state the v^lue of the rights and
interests involved and the variety of questions and controversies that
arise. An officer, clerk, or employ^- of the Department may abuse his
opportunities in the Department for the acquirement of information, or
the making of counections to assist him to appear favorably and profit,
ably thereafter, as counsel, attorney, or agent in the litigious discord
yhich may exist, or as preparing in the Department in cases of claims.
Such officer, clerk, or employe during his term may apply himself for
practice after his resignation. He may be tempted to fomeut contro-
versies in respect to titles which have come before the Department in
his presence, and perhaps in cases within his cognizance, and within
his care as an officer, clerk, or employe.

The titles issued by the Government may be discredited, and the
purchasers of the public domain embarrassed, because of such infidelity.
The irregularities, defects, or omissions he may have noted he may
conceal and withhold for further speculation or merchandise.

It is easy to conceive of cases of claims and counter-claims pending
between the Government and its citizens, where the loss, destruction,
or mutilation of a single book or paper, or the alteration of a single
word therein, might result in a heavy loss to the Government and a
great injustice to a large number of citizens. In view of the fact that
certain Government employes are the trusted custodians of its books
and papers, while others have free and unrestricted access to the same,
it might be an easy thing for a faithless employ^ to use his time — not
in the speedy and just settlement of claims against the Government
during the term of his office — but in preventing such settlement, and
putting them in such a shape as to enable him to reap handsome profits
by their unjust settlement, after the term of his service shall have
expired.

The statute is so comprehensive and absolute in imposing disqualifi-
cation, that we may fairly conclude the decision was, that the axe was
to be placed at the root of the tree bearing the fruit. The statute im-
ports that no citizen should be put to loss or suffering because of the
infidelity of any of the officers of the Department appearing as counsel,
attorney, or agent, adversely to the United States, by any manner or
means in their possession.

The statute includes all persons " appointed after the first day of June,
1872, as an officer, clerk, or employ6," &c. That was the date of the
passage of the act; and the Congress in directing that the statute
should apply alone to appointments made after its enactment, evidently
intended in a spirit of fairness to impose the disability, which sound
public policy required, only with the assent of the appointee — to be im-
plied from acceptance of the office. It gave notice that all persons

42 PENSION LAWS, DECISIONS, &C.

ATTORNEYS— Continued.

thereafter fippoiiited as officer, clerk, or employe in any of the Depart-
nieuts must accept I heir appointments and commissions subject to the
conditions prescribed. This purpose is just as applicable to one who
has acce])ted a distinct appointment to a new and l)etter position since
the date fixed, as to one newly introduced to the service. Those officers
of the Department who have been a[)pointed to another grade and com-
missioned are included in the ])rohibitions of the act. They clearly ai)-
ply to one who, like Mr. Harrison, has accepted and held an office by
api)ointment of the President, by and with the advice and consent of*
the Senate, when at the time specified by the statute he was employed
merely in a clerical capacity.
Your action is approved.
Very respectfully,

L. Q. C. LAMAR,

Secretary,

Order.] Department of the Interior,

Washington^ D. C, October 21, 1885.

By virtue of the authority conferred upon the Secretary of the Inte-
rior by the act of the 4th of July, 1884, it is hereby prescribed:

That no person who has been an officer, clerk, or employe of this De-
partment within two years prior to his application toa])pear, in any case
pending therein, shall be recognized or permitted to appear as an attor-
ney or agent in any such case as shall have been i)ending in the De-
]>artment at or before the date he left the service.

Prorided, this rule shall not ai)i)ly to officers, clerks, or employes of
the Patent Office, nor to cases therein.

Sec. 5, act 4 July. 1884.

L. Q. C. LAMAR,

Secretary.
Section 5485, Revised Statutes.

Any agent or attorney or any other i)erson instrnmental in prose-
cuting any claim for i)ension or bounty land, who shall directly or indi-
rectly contract for, demand, or receive or retain any greater compensa-
tion for his services or instrumentality in prosecuting a claim fori)ension
or bounty land than is provided in the Title pertaining to pensions, or
who shall wrongfully withhold from a pensioner or claimant the whole
or any part of the pension or claim allowed and due such pensioner or
claimant, or the land warrant issued, to any such claimant, shall be
deemed guilty of a high misdemeanor, and, upon conviction thereof,
shall for every such offense be fined not exceeding five hundred dollars,
or imprisonment at hard labor not exceeding two years, oi* both, at the
discretion of the court." [Ke enacted in appropriation bill tor fiscal
year ending June 30, 1882, ap[)roved March o, 1881.] '

S«c. 31, 3 March, 1873.

PENSION LAW8, DECISIONS, &C. 43

ATTORNEYS— Continued.

Section 5498, Revised Statutes

" Every o£dcer of the United States, or i^ersoii holding any place of
trust or profit, or discharging any official function under, or in connec-
tion with, any executive department of the Government of the United
States, or under the Senate or House of Representatives of the United
States, who acts as an agent or attorney for prosecuting any claim against
the United States, or in any manner, or by any means, otherwise than
in discharge of his proper official duties, aids or assists in the prosecu-
tion or support of any such claim, or receives any gratuity, or any share
of or interest in any claim from any claimant against the United States,
with the intent to aid or assist, or in consideration of having aided or
assisted, in the X)rosecution of such claim, shall pay a fine of not more
than five thousand dollars or suffer imprisonment not more than one
year, or both."

Sec. 2, 26 February, 1853.

Section 5, Act of July 4, 1884.

" That the Secretary of the Interior may prescribe rules and regula-^
tions governing the recognition of agents, attorneys, or other persons
representing claimants before his Department, and may require of such
persons, agents, and attorneys, before being recognized as representa-
tives of claimants, tliat they shall show that they are of good moral char-
acter and in good repute, possessed of the necessary qualifications to
enable them to render such claimants valuable service, and otherwise
competent to advise and assist such claimants in the presentation of
their claims ; and such Secretary may, after notice and opportunity for
a hearing, suspend or exclude from further practice before his Depart-
ment any such person, agent, or attorney shown to be incompetent, dis-
reputable, or who refuses to comply with the said rules and regulations,
or who shall, with intent to defraud in any manner, deceive, mislead, or
threaten any claimant, or prospective claimant, by word, circular, letter,
or by advertisement." * # *

DECISIONS OF THE SECRETARY OF THE INTERIOR.

1. Declarations or evidence inadmissible if executed before attorney
of record.

Instructions : Smith, C. B., Secretary, May 19, 1862. (See Interior Department record for copy of

decision.)
Sinclair, Wm, A. App. Isio. 29,827. Chandler, Z., Secretary. Jtdy5, 1876. Vol. 4, p. 332.

2. No change of, allowed where claim has been completed except for
cause.

7n«^rMC(ion« ; Harlan, James, Secretary. Auoust 6, 1866. Vol. 2, p. 187.

Smith, Jesse E. App. No. 23,948 (1812). Schurz, C, Secretary. November 30, 1878. VoljG.p. 172.

(Fide Eames, Samuel. App. N^o. 17,013 (1812). Schurz, C, Secretary. December 2, 1878.

Vol. 6, p. 173.)

44 PENSION LAWS, DECISIONS, &C.

ATTORNEYS—Continued.

3. Have no lien on pension certificate or claim on pension money.

Fowler, Wm. L. App. No. 97,327. Cox, J. D., Secretary. August 31, 1869. Vol. 2, p. 126.

4. Have no right of appeal while suspended from practice.

JrwfntctiotM"; Cox, J. D., Secretary. October 2, 1869. Vol. 1, p. 70.

5. Negligence of, in filing application does not relieve claim from lim-
itation.

Stevens, Sarah H. App. No. 185,627. Delano, C, Secretary. November 21, 1870. VoL 2, p. 203

6. Oath of, and power of attorney must be filed before they can be
recognized.

Instructions : Delano, C, Secretary. July 5, 1872. Vol. 1, p. 204.

7. Change of, allowed when original attorney neglects to prosecute
claim.

McKim, Elizaljeth. App. No. 6,443. Delano, C, Secretary. September 16, 1874. Vol.3, p. 302.
Teamans, Elisha. App. No. 4,850. Delano, C, Secretary. December 11, 1874. VoL 3, p. 411.

8. Abstracts furnished to, should exclude record, medical, and confi-
dential evidence.

Miller, Isaac. App. No. 165,878. Delano, C, Secretary. September 19, 1874. VoL 3, p. 311.

9. Should be furnished with decision or purport of same if affirma-
tive.

in»eruc<«)n*.- Delano, C, Secretary. May 18, 1875. VoL 4, p. 42.

10. Decisions of Department will not be discussed with attorneys.

Stevens, Milo B., & Co., attorneys. Delano, C, Secretary. September 11, 1875. VoL 4, p. 116.

11. Knowingly employing one as sub-agent or correspondent who has
been prohibited from practice are subject to suspension.

Amheim, Gustave. Gorham, Chas. F., Acting Secretary. August 1, 1876. Vol. 4, p. 350.

12. Power of substitution or new power of attorney from claimant
must be filed in any claim transferred from one attorney to another.

Penniman, J. L., attorney. Chandler, Z., Secretary. August 12, 1876. VoL 4, p. 365.

13. Dropping of name from roll of attorneys practicing before Pen-
sion Office upon the ground that the party attempted to establish a
fraudulent pension in his own behalf approved,

Rothenbiller, Joseph. Ctf. No. 104,046. Bell, A., Acting Secretary. May 15, 1877. Vol. 5, p. 107.

14. It should be made to appear that the person signing a firm's
name to the transfer of a case had the authority to do so.

Parks, Alexander. Ctf. No. 152,548. Schurz, C, Secretary. June 27, 1878. VoL 6, p. 9.

15. Cannot be furnished with copy of certificates of disability. This
is the uniform practice of the office.

Patten, James. App. No. 176,129. Schurz, C, Secretary. July 3, 1880. VoL 17, p. 420.

NOT RECOaNIZED IN CLAIMS FOR INCREASE UNDER ACT OF MARCH

3, 1883.
10. An invalid i)ensioner entitled to increase under the provisions of
the act of March 3, !883, filed, through his attorneys, a formally executed

PENSION LAWS, DECISIONS, &C. 45

ATTORNEYS— ContinTied.

application therefor. This office refused to recognize the application
or the attorneys, and returned the application to the pensioner, and at
the same time forwarded to him a copy of the rules and regulations of
this office, issued, with the approval of the Secretary of the Interior, on
the 5th day of March, 1883, to the effect that no formal claim was
needed, and that no agent or attoroey would be recognized, and that
all that was needed was the return to the Commissioner of Pensions
the pension certificate with the then post-office address of the pen-
sioner.

This action was approved, on appeal, and the following language is
used, viz: »' The object of the regulations adopted by your (the Pen-
sion) Office, and approved by this Department March 5, 1883, was to
secure to the pensioner the full benefits of the law of 1883, by the most
direct and simple mode possible, and free of expense to the recipient.
The rule is believed to be founded in strict justice to the soldier, and will
be adhered to."

Perkins, Cyrus, Ct. ]^o. 63,519. Joslyn, M. L., Acting Secretary. June 21, 1883. Vol. 10, p. 46^,

NOT RECOGNIZED TO OBTAIN COPIES OF CERTIFICATES OF DISCHARGE
FROM SERVICE IN THE MEXICAN WAR.

17. The Pension Office, in compliance with its uniform practice, hav-
ing refused to recognize an attorney authorized by the claimant to ob-
tain a copy of his discharge from service as a soldier in the Mexican
war, in his decision, addressed to the Commissioner of Pensions on the
appeal of the attorney from such refusal, the honorable Secretary uses
the following words, viz : '* In the absence of any statutory provision, all
questions pertaining to the recognition of attorneys in such cases as
this must be necessarily left to your discretion, and in this instance I
see no reason why you should depart from the established practice of
your office."

Detrich, Joseph. B. L. W. Ko. 39,273. Teller, H. M., Secretary. February 10, 1885. VoL 11*
p. 433.

See Act of July 4, 1884.

ATTORNEYS' FEES.

See Fees of Aoents and Attorneys.

ATTORNEYS IN CLAIMS OF INDIANS.

1. Not recognized.

Young Duck, Alsey. Delano, C, Secretary. May 2, 1873.

2. Kecognized. When it appears that the claimants are not reserva-
tion Indians, not under the authority of any United States Indian agent,
and the consent of the Commissioner of Indian Affairs having first been
obtained to the recognition of such attorney. >

Chaudler, Ky. App. Xo. 525,382. Mnldrow, 5. L., Acting Secretary. June 8, 1885. Vol.12,
p. 16.

46 PENSION LAWS, DECISIONS, &C.

ATTORNEYS—Continued.

ATTORNEYS IN CLAIMS FOR SERVICE PENSIONS, WAR OF 1812.
See Service Pensions, War of 1812, par. 3.

ATTORNEYS, SUSPENSION OF.

1. There is no authority of law for the chief of a Bureau to suspend an
attorney without the approval of the Department. Whenever an attor-
ney is charged with improper practices in prosecuting claims before a
Bureau, the chief thereof shall investigate the matter, giving such
attorney due notice, that he may be heard in the premises. When the
investigation shall have been concluded, the facts shall be reported to
the head of the Department for consideration. During the investiga-
tion into the conduct of an attorney for improper practices he shall be
recognized in claims before the Bureau in his capacity as attorney, un-
less, for special reasons, communicated to the head of the Department,
he shall be suspended. . Whenever the chief of a Bureau receives notice
from the head of another Department of the suspension of an attorney,
such notice will at once be transmitted to the head of the Department
for action. All suspensions of the character heretofore mentioned made
prior to October 19, 1875, may be considered as approved, but if any
attorneys since said date have been suspended without the knowledge
of the Department, the papers in such cases should be submitted for
consideration.

Ingtructions .- Chandler, Z., Secretary. March 3, 1876. VoL 4, p. 221.

2. The (preceding) instructions of March 3, 1876, are modified, so far
as they relate to the Pension OflBce, as follows : Whenever an attorney
is charged with, or suspected of, improper practices in the prosecution
of claims before the Pension OfBce, the fact should be reported to the
Secretary of the Interior for his action. If the Secretary orders the
/suspension of such attorney, the Commissioner of Pensions will notify
the attorney of such action, and inform him that until he shall prove
the charges false upon which the order of suspension was issued he
will not be recognized as an attorney by the Pension Office or the Bu-
reaus of the Interior Department. The proof submitted by such agent
or attorney for removing the charges shall be forwarded to the Com-
missioner of Pensions, who shall have authority to call for further testi-
mony if deemed necessary, and shall finally report the same to the Sec-
retary of the Interior, with his opinion in the premises. Whenever the
Commissioner of Pensions shall receive notice of the suspension of an
attorney or claim -agent by the head of another Department, such notice
will at once be transmitted to the Department for its action.

Chandler. Z., Secretary. May 31, 187C. Vol. 4, p. 305.

3. The Department only has authority to communicate to other De-
partments the fact of the suspension of :iii attorney, and such commu

PENSION LAWS, DECISIONS, &C. 47

ATTORNEYS— Continued.

Dication should not be made uutil such attorney has failed to prove his
innoceuce.

Dirks, Rudolph. Chandler, Z., Secretary. August 10, 1876. Vol. 4, p. 361.

4. The notice to them should state that such action has been taken
^' by direction of the Secretary of the Interior."

Instructions: Chandler, Z., Secretary. August 11, 1876. Vol. 4, p. 363.

RUMNGS OF THE COMMISSIONER OF PENSIONS.

Ruling No. 53. December 31, 1866.
'' Only a duly executed power of attorney confers upon an agent the
right to appear in a case, or to receive any information therein."

Ruling No. 54. January 29, 1872.

"The original attorney, having power of substitution, may transfer
his authority to act iu lieu or in behalf of a claimant to a second party,
but cannot give to said second party power of substitution of or trans-
fer to a third party, unless the power of attorney given by the principal
to him, the first attorney, provides therefor in express terms.

The power delegated by a claimant to another party to act in his
stead must return to the claimant, when such second party ceases to
act within or acts without the limits specified in the original contract
or power of attorney."

Ruling No. 83. March 29, 1885.
*'x\. notary public or justice of the peace who is attorney of record
in a claim for pension cannot be accepted as a witness in said claim un-
less he renounces his power of attorney therein."

Ruling No. 147. November 16, 1885.

To " call up a case" is not, per se, a substantial compliance with a re-
quirement of the Pension Office when an attorney is called upon to fur-
nish the evidence necessary to substantiate it.

A "call slip" will not give an attorney the benefit of Order No. 83
unless proper cause is shown, of his own motion, why the Office require-
ment is not complied with.

Older No. 83 will not be construed by the Commissioner as limiting
his discretion to decide, in any case, what is or is not due diligence.

ORDERS OF THE COMMISSIONER OF PENSIONS.

Order No. 1. September 26, 1866.
No citizen of any foreign government, residing for the time without
the jurisdiction of the United States, will be recognized as a claim agent
by this office.

Order No. 31. December 15, 1874.
All applications for pension and powers of attorney hereafter re-
ceived at this office will (alter proper record in the record room) be seat

48 PENSION LAWS, DECISIONS, &.C.

ATTORNEYS— Continued.

directly to the attorney's desk for examination and indorsement by \hv
clerk in charge of said desk as to the right of attorney by whom such
papers are filed to practice before this office.

In all cases where it is found that the attorney has filed the propej
oath, and is in good standing before the office, the fact will be indicarcd
by proper indorsement and the papers will be at once delivered by said
clerk to the division to which they pertain. «

It will be the duty of the clerk in charge to immediately notify any
attorney who has failed to file the required oath, forwarding at the same
time proper blank.

In all cases of doubt as to the status of the attorney in any case
heretofore filed in the office, inquiry will be made at the attorneys'
desk by a " reference slip," which will be filed in the case wheu re-
turned.

Order No. 64. September 13, 1881.
In lieu of former orders and rulings upon the subject of agents and
attorneys made by Commissioners of Pensions, the following will be
observed hereafter in this office :

1. The relation of " principal and agent" is that which will hereafter
be recognized as the relation subsisting between claimants and those
acting for them in prosecuting their claims befqre this bureau.

2. Consent of the attorney of record to a revocation or a transfer of
his power will be required, except in such cases as are otherwise per-
mitted by the Commissioner.

3. No general ])owers of attorney for the transfer of claims or instru-
ment of substitution of one attorney by another will hereafter be rec-
ognized by this office unless executed before an officer authorized to
administer oaths for general purposes, and unless the first attorney has
full power of substitution, and shall state in each case so transferred
the name of the soldier, his company and regiment, and the number of
his claim, if possible.-

Second. That where a general power of attorney has been or may liere-
after be filed by one agent or attorney transferring and substituting in
his stead another agent or attorney for the prosecution of claims named
therein, the substitute will not be recognized by this office as the agent
or attorney in any case thus transferred, unless the original agent or
attorney was, at the date when such transfer was made, in good stand-
ing before this office, and had on file a power of attorney from claimant
with full power of substitution. And such substituted agent or attor-
ney must also be in such good standing.

4. Power of substitution will not be recognized by this office in a
power of attorney executed after January 1, 1882.

5. No citizen of any foreign government will be recognized as an
agent or attorney by this office.

See order No. 1.

t>ENSlDN LAWS, DECISION^, S^C. 49

ATTORNEYS— Continued.

6. Examiners will, upon the receipt of a duly executed power of at-
torney, inform the agent or attorney thereby empowered of the condi-
tion of the case, and at the proper time call upon him for all the neces-
sary proof.

Xo power of attorney to be recognized as sufficient unless signed in
the presence of two witnesses and acknowledged before a duly qualified
officer, whose' authority is certified under seal.

If, after June 20, 1878, an agent or attorney under a new-power comes
into a claim filed on or before that date, and in which the claimant had
at any time before said date been represented by a duly constituted
agent or attorney, such new attorney's fee of $10 will be paid through
the ])ension agent.

7. Every officer of the United States, or person holding any place of
trust or profit, or discharging any official function under or in connec-
tion with any executive department of the Government of the United
States, or under the Senate or House of Representatives of the United
States, is prohibited under a heavy penalty from acting as an agent in
a claim for pension, or from aiding and assisting in any manner, other-
wise than in the discharge of his proper official duties, in the prosecu-
tion of such claim.

See sec. 5498, Revised Statutes United States.

Ko person can be recognized as an agent or attorney before this office
until he shall have filed the following oath, sworn to before some officer
duly authorized to administer oaths for general i>urposes, whose official
character and signature must be certified under seal :

I, , do solemnly — -^ — that I will support, protect, and

defend the Constitution and Government of the United States against
all enemies, whether domestic or foreign, and that I will bear true faith,
allegiau(;e, and loyalty to the same, any ordinance, resolution, or law of
any State, convention, or legislature to the contrary notwithstanding;
and, further, that I do this with a full determination, pledge, and pur-
pose, without any mental reservation or evasion whatsoever; and,
further, that I will faithfully perform all the duties which may be re-
quired of me by law. So help me God.

8. An agent or attorney whose name appears upon the records of this
office as in good standing will be recognized.

9. In all cases where certificates issue subsequent to the restoration
of the agent or attorney prosecuting the claim, it having been completed
during his suspension without the interposition of another agent or at-
torney, or revocation by claimant of power of attorney to said sus-
pended agent or attorney, the fee agreement should be recognized, not-
withstanding that it was filed prior to the date of his restoration.

10. In all claims for pensioni where the evidence necessary to complete
them may be filed by the agent or attorney of record prior to suspen-
sion from practice before this office, and in which the certificates may

7018 PEN 4

50 PENSION LAWS, DECISIONS, &C.

ATTORNEYS— Continued.

not issue until subsequent thereto, such agent or attorney may be rec
Ggnized after his restoration the same as thougli no suspension existed

If the evidence necessary to complete a claim for pension has not
been filed prior to the suspension or revocation of the i)ower of the at
torney empowered therein, and said claim is admitted during the con
tinuance of said suspension or revocation, or subsequent to restoratioi
of said agent or attorney upon evidence furnished during his suspen
sion by another recognized agent or attorney, no fee can be allowed to
the agent or attorney who was suspended.

In every case in which an agent or attorney, during suspension from
practice before this of&ce, has filed the evidence necessary to complete
a claim, whether other papers in the claim w^ere filed by him prior to
his suspension or not, the question of his title to fee must be submitted
to the Commissioner.

11. That the rule of this office directing payment of fees to suspended
agents or attorneys in cases in which the claim was completed prior to
the suspension of the agent, shall not be construed to authorize pay-
ment of fee in cases in which action on the pending claim was sus-
pended on account of any irregularity or informality in the papers or
evidence presented by such agent or attorney in the prosecution of the
claim.

12. An applicant will be allowed during the " suspension " of an agent
or attorney previously empowered to act in said applicant's claim to
appoint another agent or attorney because of the inability of said for-
mer agent or attorney to act for claimant before the Department, even
though said inability should prove ^o have been temporary.

13. Agents or attorneys |>racticing before this office are required to
state the names of all subagents or correspondents assisting them in
the prosecution of claims for pension or bounty land, and the interest
said subagents or correspondents have in the prosecution of such claims
or fees therein.

14. By direction of the honorable Secretary of the Interior it is here-
by ordered that any attorney or agent, in good standing before the
office, who knowingly employs any person as a sub-agent or corres-
pondent, prohibited from practicing before this Department after the
publication of the order of such prohibition, shall be suspended from
practice under the order of the Department dated May 31, 1876.

15. In all claims filed after June 20, 1878, and in claims in which
the claimant was not represented by an agent prior to that date, the
legal fee is $10, to be collected by the agent or attorney without the in-
terference of the Pension Office or its agencies.

Rendered obsolete by act of July 4, 1884.

No fee agreements can be filed with the Commissioner of Pensions
after June 20, 1878.

Rendered obsolete by act of July 4, 1884.

PENSION LAWS, DECISIONS, &C 51

ATTORNEYS— Continued.

No fee will be allowed in a claim for arrears of pensions under section
47 11, Revised Statutes, or in a claim for a new certificate or transfer of
payment, or in a claim for reissue to correct an error of action, or made
necessary by changes in the law, except where the agent or attorney
shall furnish additional testimony, upon a call from this office, material
to the point at issue, nor in the adjudication of reimbursement claims
under last clause of section 4718, Revised Statutes.

l(i. A fee will not be allowed to a guardian who prosecutes the claim
of his ward, nor to a firm of attorneys of which the guardian is a mem-
ber.

17. The provisions of sections 4785 and 4786 of the Revised Statutes
govern the amount of fee which shall be paid for the prosecution of a
claim for pension filed prior to June 20, 1878, and the manner in which
it shall be paid.

18. Cases pending in this bureau will not be taken up upon the verbal
request of attorneys or claim agents, nor in their behalf, except upon a
separate written inquiry in each case signed by the attorney or agent,
and in regular course of business.

19. In cases where the contract filed by an agent or attorney does not
fix the fee to be allowed, but leaves the amount of such fee in blank,
or states it as not exceeding a specified sum, or such as the Commis-
sioner may direct, the Commissioner will fix the amount, but no greater
fee will be allowed by the Commissioner than the maximum mentioned
in said agreement.

20. In all cases where the attorney's fee is by law payable to the at-
torney out of the pension, when allowed, by the agent for paying pen-
sions, and the claimant shall have paid or shall pay the whole or any
part of the legal fee of $10 before the allowance of the claim, the attor-
ney shall forthwith file in this office his acknowledgment of such pay-
ment, and the agent will be notified to deduct such payment therefrom.

If any such payment has been or shall be made in a case in which
there is a contract between the claimant and the attorney for a greater
fee than $10, contingent upon the allowance of the pension, the ac-
knowledgment thereof, filed by the attorney, shall also contain a specific
waiver of all rights and benefits under such contract to the extent of
the amount received.

21. A change of guardian in any case, during the pendency of a claim
for pension, does not, per se, affect the right of the original attorney to
recognition and to the fee agreed upon with the goardian who appointed
him.

22. A claim having been adjudicated, the power of attorney filed
therein will be held to have performed its office and thereupon cease to
exist.

23. Since the act of June 20, 1878, "relating to claim agents and at-

52 PENSION LAWS, DECISIONS, &C.

ATTORNEYS— Continued.

torueys in pension cases," the Commissioner of Pensions is not required
to fix the amount of the attorney's fee in claims for bounty-land war-,
rants filed after the date of said act, nor in those filed previously, the
claimants not having employed an attorney. The Commissioner will,
however, entertain jurisdiction in relation to the amount of the fee in
any case where exorbitant or oppressive fees shall be exacted.

24. The willful withholding of evidence by an agent or attorney for
any cause in cases filed since June 20, 1878, wlierein necessarily the
terms of his employment are verbal, and within the power of the agent
to refuse, if unsatisfactory to him, will be reported to the Secretary of
the Interior for his action. And the filing by an agent or attorney of
an original declaration in this office will be regarded as sufficient evi-
dence that such agent or attorney has either received his legal fee or
has made with claimant other satisfactory arrangements under the
law.

In claims filed since June 20, 1878, no greater fee than $10 can
be legally received, directly or indirectly, by an agent or attorney, or
any other person, for prosecuting such claim for pension, and upon sat-
isfactory proof that any claimant has been induced to pay, or has been
iuduced to promise, by note or otherwise, to pay to any person, directly
or indirectly assisting him in the prosecution of his claim before this
office, any sum or sums in the aggregate exceediug the legal fee of $10
the persons or person so overcharging will be reported to the Secre-
tary of the Interior for disbarment.

Last paragraph rendered obsolete by act of July 4, 1884.

" Sec. 5485. Any agent or attorney, or any other person instrumental
in prosecuting any claim for pension or bounty land, who shall, directly
or indirectly, contract for, demand, or receive or retain any greater com-
pensation for his services or instrumentality in prosecuting a claim for
pension or bounty land than is provided in the Title pertaining to pen^
sions, or who shall wrongfully withhold from a pensioner or claimant
the whole or any part of the pension or claim allowed and due such
pensioner or claimant, or the land warrant issued to any such claimant,
shall be deemed guilty of a high misdemeanor, and, upon conviction
thereof, shall for every such otfense be fined not exceeding five hundred
dollars, or imprisonment at hard labor not exceeding two years, or both,
at the discretion of the court." [Ee enacted in appropriation bill for
fiscal year ending June 30, 1882, approved March 3, 1881.]

25. Agents or attorneys, to preserve their standing before this office,
must exercise due diligence in the prosecution of claims intrusted to
them.

The application of rules or orders relating to agents and attorneys
shall not, in any case, interfere with or delay the settlement of any claim
pending before this office.

PENSION LAWS, DECISIONS, &,C. 53

ATTOENEYS— Continued.

After receiving notice from this office that a claim is ready to be taken
up, failure for one year therefrom to comply with the requirements of
this office by filing the evidence asked for will be held to be a practical
abandonment of such claim by such agent or attorney, and the claimant
will be so notified, and thereafter such attorney or agent will not again
be recognized in such claim except by the request of the claimant.

The claimant shall have the privilege of exercising his right, at any
stage of the claim, to revoke a power of attorney and discharge his
agent upon a showing of cause deemed good and sufficient by the Com-
missioner.

Order No. 67. October 17, 1881.
Ko power of substitution hereafter filed, substituting one attorney
by another, will be recognized bj^ this office unless executed before an
officer authorized to administer oaths for general purposes, and unless
the first attorney has lull power of substitution, and shall state in each
case so transferred the name of the soldier, his company and regiment,
and the number of his claim.

Order Ko. 83. May 31, 1882.

An attorney not having called up a claim for a year shall not be
considered to have abandoned the case if it appear that within that time
he has called upon the claimant to furnish necessary evidence, and that
the claimant has not complied.

Before a second agent shall be recognized by reason of neglect of
former one, the agent said to be in fault shall be notified of proposed
change and given ten days to show cause why the change should not
be permitted by the Office. This order is to be considered in connection
with paragraph 25 of Order 64.

Order No. 97. October 23, 1883.

Paragraph 2, section 6, Order 64, is hereby modified to apply only to
first power of attorney filed in a claim.

In cases where the attorney has been disqualified, the claimant may
appoint a new agent by signing a power of attorney ; his signature
being attested by two witnesses, one of whom, when claimant signs by
mark, must be an officer of the city, county, State, or of the United
States. The object being to save claimant the additional expense of
the formal execution before an officer authorized to administer oaths,
as he is in no wise to blame for the bad conduct of his former agent,
and should not be made to suffer thereby.

54 PENSIOiT LAWS, DECISIONS, &C.

BATHING.

See Line of Duty, par. 11.

BLANK FORMS OF DECLARATIONS FOR ARMY AND NAVY PEN-
SIONS.

Section 4748, Revised Statutes.

That the Commissioner of Peusions, ou application being made to
him in person, or by letter, by any claimant or applicant for pension,
bounty-land, or other allowance required by law to be adjusted or paid
by the Pension Office, shall furnish such person, free of all expense, all
such printed instructions and forms as may be necessary in establishing
and obtaining said claim ; and on the issuing of a certificate of pension
or of a bounty-land warrant, he shall forthwith notify the claimant or
applicant, and also the agent or attorney in the case, if there be one,
that such certificate has been issued, or allowance made, and the date
and amount thereof.

Sec. 22, 3 March, 1873; sec. 9, 14 July, 1862; see "Begtdations."

Blank forms of declarations of all kinds are furnished by the Commis-
sioner of Pensions to claimants upon application therefor in person or
by letter, but in no case to agents or attorneys.

Blank affidavits or forms for use in m iking up evidence in claims for
pensions are not furnished to any one.

Declaration for original invalid pension.

State of , County of , ss :

On this day of , A. D. one thousand eight hundred and* , per

sonally appeared before me , of the , a court of record

within and for the county and State aforesaid, , aged yeare, a resi-
dent of the of , county of , State of , who, being duly sworn

according to law, declares that he is the identical who was enrolled on the

day of , 18—, in company , of the regiment of , commanded by

, and was honorably discharge<l at , on the day of , 18— ;

that his personal description is as follows: Age, years; height, feet

inches; complexion, ; hair, ; eyes, . / That while a member of the

organization aforesaid, in the service and in the line of his duty, at , in the State

of , on or about the day of , 18 — , he (here state name or uatureof

disease, or the location of wound or inj.ury. If disabled by disease, state fully its
causes; if by wound or injury, the precise manner in which received.) That he was
treated in hospitals as follows : (here state the names or numbers and the localities of

all hospitals in which treated, and the dates of treatment.) That he has been

employed in the military or naval service otherwise than as stated above, (here state
what the service was, whether prior or subsequent to that stated above, and the dates

PENSION LAWS, DECISIONS, &C. 65

BLANK FORMS OF DECLARATIONS FOR ARMY AND NAVY PEN-
SIONS— Continued.

at which it began aud ended.) That since leaving the service this applicant has re-
sided in the of , in the State of , and his occupation has been that

of a . That prior to his entry into the service above named he was a man of

good, sound physical health, being when enrolled a . That he is now

disabled from obtaining his subsistence by manual labor, by reason of his injuries
above described, received in the service of the United States; and he therefore makes
this declaration for the purpose of being placed on the invalid-pension roll of the
United States.

He hereby appoints, with full power of substitution aud revocation, , of

, State of , his true and lawful attorney to prosecute his claim. That he

has received applied for a pensjon. That his post-office address is ,

county of , State of .

[Claimant's signature.]
Attest :

Also personally appeared , residing at , and ,

residing at , persons whom I certify to be respectable and entitled to

credit, and who, being by me duly sworn, say they were present and saw ,

the claimant, sign his name (or make his mark) to the foregoing declaration ; that
they have every reason to believe, from the appearance of said claimant and their ac-
(luaintance with him, that he is the identical person he represents himself to be ; and
that they have no interest in the prosecution of this claim.

[Signatures of witnesses.]

Sworn to and subscribed before me this day of , A. D. 18— ; and I hereby

certify that the contents of the above declaration, «&c., were fully made known
[l. s.] and explained to the applicant and witnesses before swearing, including the

words erased, and the words added ; anct that I have no interest,

direct or indirect, in the prosecution of this claim.

[Signature.]
[Official ch ar" cter. ]

Declaration for the increase of an invalid pension.

State of , County of , ss:

On this day of , A. D. one thousand eight hundred and , per-
sonally appeared before me, , the same being a court of record within and

for the county and State aforesaid, , aged years, a resident of ,

county of , State of , who, being duly sworn according to law, declares

that he is a pensioner of the United States, duly enrolled at the pension agency,

at the rate of dollars x)er month, by reason of disability incurred in the

service of the United States while' ; that his present physical condition is such

Coaipany an<l i-egimi-ut, if in the Army ; and veMScl, &c., if in tlio Navy.

5() PENSION LAWS, DECISIONS, &.C.

BLANK FORMS OF DECLARATIONS FOR ARMY AND NAVY PEN-
SIONS-Continued.

that he believes himself entitled to receive an iucpeased pension ; and that he hriv-
with retains his i)reseut pension certificate.

He further declares that he is disabled in the following manner, to wit: ' :

that he appoints his true and lawful attorney to i)rosecnte his claim :

that his residence is No. , in street, of , county of , and 8(atc

of ; and his post-office address is .

iClainiaut's Kiguatiui .J
Attest :

Also personally appeared , residing at , and , resid-
ing at , persons whom I certify to be respectable and entitled to credit, and who,

being by me duly sworn, say they were present and saw" , the claimant,

sign his name (or make his mark) to the foregoing declaration ; that they have every
reason to believe, from the appearance of said claimant and their ac('iuaintance with
him, that he is the identical person he represents himself to be ; and that they have
no interest in the prosecution of this claim.

[Signature of witneesea. ]

Sworn to and subscribed before me this day of , A. D. 18 — ; and I hereby

certify that the contents of the above declaration, «&c., were fully made known
[l. s.] and explained to the applicant and witnesses before swearing, including the

words erased,and the words added; and that I have no interest,

direct or indirect, in the prosecution of this claim.

[Signatui-e.j
[Official character.]

Declaration for original pension for a widow.

State of , County of , as :

On this day of , A. D. one thousand eight hundred and ,

personally appeared before me, . the same being a court of record within

and for the county and State aforesaid, , aged years, wiio being sworn

according to law, makes the following declaration, in order to obtain the pension
provided by acts of Congress granting pensions to widows: That she is the widow of

, who, ynder the name of • , at , on the day ot

, A. D. 18 — , in^ . in the war of -, who ^ , on the day ot

, A. D. 18—, who bore at the time of his death the rank of , in'* ;

that she was married under the name of to said — , on the

' Sot forth extt-nt of present disability as sequence of disability for which pensiou was originally
siUowt'd ; how far incapacitated for manual labor, or dependent upon the personal aid or attendance oi
others.

'State company and regiment, If in Army ; or vessel and rank, if in Navy.

*Stato nature of wounds and all circumstances attending them, or the disease and nianuor in wliich
it waa incurred, in either case showing soldier's death lo have been the sequence.

*"In the service aforesaid," or othei*wise.

PENSION LAWS, DECISIONS, &C. 57

BLANK FORMS OF DECLARATIONS FOR ARMY AND NAVY PEN-
SIONS— Continued.

day of , A. D. 18 — , by , at , there being no legal bar-
rier to such marriage ; that neither she nor her husband had been previously mar-
ried * ; that she has io the present date remained his widow ; that the following

are the names and dates of birth of all his legitimate children yet surviving who were
under sixteen years of age at the father's death, to wit :

-Ills BY HERSELF.

HIS BY A FORMER MARRIAGE.

born , 18 — .

born , 18 — . j , born

born , 18 — . - ' , born

born , 18—. i , born

18—
18—
18—

18—,
18—
18—,

That she had not abandoned the snpport of any of his children, but that they are still

under her care or maintenance ^ ; that she has not in any manner been engaged

in, or aided or abetted, the rebellion in the United States ; that prior application

has been filed ^ ; that she hereby appoints her attorney to prose-
cute her claim ; that her residence is No. street, , and that her post-
office address is .

[Claimant's signature.]
Attest:

Also personally apj^eared ,' residing at No. , in street, in

-, and , residing at No. , in street, in -* , persons whom

I certify to be respectable and entitled to credit, and who, being by me duly sworn,

say that they were present and saw , the claimant, sign her name (or

make her mark) to the foregoing declaration ; that they have everj^ reason to believe,
from the appearance of said claimant and their acquaintance with her, that she is the
identical person she represents herself to be, and that they have no interest in the
prosecution of this claim

[Signatures of witnesses.]

Sworn to and subscribed before me this of , A. D. 18 — ; and I hereby cer-
tify that the contents of the above declaration, «fec,, were fully made known
[l. 8.] and explained to the applicant and witnesses before swearing, including the
words erased, and the words added; and that I have no inter-
est, direct or indirect, in the prosecution of this claim.

[Signature.]

[Official character.]

' If either have been previously married, so state, and give date of death or divorce of former spouse.
2 If the husband left no child or children by the applicant, or by a former wife, the fact should be
f-fated.
'For such children as are not under her care claimant shoukUacconnt.
* If prior application has been flled,^eithor by soldier or widow, so ntiite, giving number asslgued to it.

58 PENSION LAWS, DECISIONS, &C.

BLANK FORMS OF DECLARATIONS FOR ARMY AND NAVY PEN-
SIONS— Continued.

Declaration of a pensioned wicUno for increase of pension.

State of , County of , ss:

On tbia day of , A. D. one thousand eight hundred and — • ; per-
sonally appeared before me, , the same being a court of record within and

for the county and State aforesaid, , a resident of , county of ,

in the State of , aged years, who, being duly sworn according to law, makes

the following declaration in order to obtain the pension provided by acts of Congress

increasing the pensions of widows : That she is the widow of , who was

a ' in in the war of ; that on account of his death she has been

granted a pension of dollars per month, in accordance with a certificate num-
bered , bearing date , and which is herewith returned ; that she has

not n-niarried since the death of her husband above named ; that the following are the
names and«'ates of births of all his legitimate children yet surviving, and were under
bixteen years of age at the father's death, to wit :

HIS BY HERSELF. | HIS BY A FORMER MARRIAGM.

, born , 18-. , born , 18 — .

• , born , 18—. , born , 18 — .

'■ — , born , 18 — . , born , 18 — .

, born , 18 — .

born , 18 — .

born — = , 18 — .

That she has not abandoned the support of any one of his children, but that they are

still under her care or maintenance ; that she hereby appoints her

attorney to prosecute her claim ; that her residence is at No. , in street, in

the of , county of , State of ; and that her post-office address

is .

[Claimant's signature, j
Attest :

Also personally appeared , residing at No. , in street, in ,

and , residing at No. , in street, in , persons whom I cer-
tify to be respectable and entitled to credit, and who, being by me duly sworn, say that

they were present and saw , the claimant, sign her name (or make her

mark) to the foregoing declaration ; that they have evc^ry reason to believe, from the
appearance of said claimant and their acquaintance with her, that she is the identi-
cal person she represents herself to be ; and that they have no interest in the prose-
cution of this claim.

iSignatures of witnesses ]

Sworn to and subscribed before me this day of , A. D. 18 — ; and I hereby

certify that the contents of the above declaration, &c., were fnlly made known
[l. 8.] and explained to the applicant and witnesses before swearing, including th(^

words erased, and the words added ; and that I

have no interest, direct or indirect, in the prosecution of this claim.

(Signature.]
(Official character.]

' State company and regiment, if in Army ; or vessel and rank, if in Navy.
Tor such cliildren as are not nnder her care claimant should aocount.

PENSION LAWS, DECISIONS, &C. 59

BLANK FOEMS OF DECLARATIONS FOR ARMY AND NAVY PEN-
SIONS— Continued.

F.
Declaration for pension of children under sixteen years of age.

State of —

On this day of , A. D. one thousand eight hundred and , per-
sonally appeared before me, , the same beiog^ court of record withiu and

for the county and State aforesaid, , a resident of , couuty of ,

in the State of , aged years, who, being duly sworn according to law, makes

the following declaration, in order to obtain the pension provided by acts of Congress

for children under sixteen years of age : That is the only legal guardian of

, legitimate children of , who^ under the name of

, at , on the day of , A. D. 18 — ,^ , in the war of ,

who died^ at , on the day of , A. D. 18—, and who bore at the

time of his death the rank of , in'' ; that he left widow surviving^

; that the above named are the only surviving legitimate children of said

who were under sixteen years of age at the time of his death, of whom^

; that said children were the issue of said soldier as follows, the dates

of their birth being as hereinafter stated :

' , of soldier by , born, 18 — .

, of soldier by , born , 18 — .

, of soldier by , born — , 18 — .

, of soldier by , born , 18 — .

, of soldier by , born — , 18 — .

, of soldier by , born , 18 — .

— , of soldier by , born , 18 — .

That the father was married under the name of , to^ , there

being no legal barrier to such marriage ; that the said children have not aided or

abetted the rebellion ; and that prior application has been filed^ ; that

declarant hereby appoints h — attorney to prosecute the above claim ;

that h — residence is at No. street, in the of , county of

State of ; and that h — post-office address is .

[Claimant's signature.]

Attest :

Also personally appeared , residing at No. , in —

and r-, residing at No. , in street, in , persons whom I

certify to be respectable and entitled to credit,aud who, being by me duly sworn, say
that they were present and saw , the claimant, sign — name (or make —

' " Was enlisted," " drafted," or otherwise, as the case may be.

2 State company and regiment, if in Army ; or vessel, &c., if in Navy.

3 State nature of wounds and all circumstances attending them, or the disease and manner in which
it was incurred, in either case showing soldier's death to have been the sequence.

* " In the service aforesaid," or otherwise.

*If widow survived, so state, giving her name, and the date of her death or other facts divesting her
title.

* If any have died, state date of death.

' State names of children and of their mothers, and dates of birth.

* If more than once married, so state, giving names and dates and parties officiating.

'If either soldier, widow, or guardian of children have previously applied, so state, giving dat« and
number of application.

60 PENSION LAWS, DECISIONS, &C.

BLANK FORMS OF DECLARATIONS FOR ARMY AND NAVY PEN-
SIONS— Continued.

mark) to the foregoing declaration ; that they have every reason to believe, from the
appearance of said claimant and their acquaintance with — , that — is the identical

pei-son — represents to be ; and that they have no interest in the prosecution

of this claim.

[Signatures of witnesses.)

Sworn to and subscribed before me this day of , A. D. 18 — ; and I hereby

certify that the contents of the above declaration, &c,, were fully made known

and explained to the applicant and witnesses before swearing, including the

[l. 8. ] words — : — erased, and the words —

direct or indirect, in the prosecution of this claim.

[Signature.]

[Official character.]

Declaration of guardian for increase of pension to pensioned children.

State of , County of , 88 :

On this day of , A. D., one thousand eight hundred and , per-
sonally appeared before me, , the same^being a court of record within and

for the State and county aforesaid, ^j a resident of , county of ,

in fhe State of , aged years, who, being duly sworn according to law, makes

the following declaration in order to obtain the benefit of the provisions of acts of

Congress increasing the pension of orphans : That is the only legal guardian of

, legitiiuate childi-en of , who was ^ ; that on account

of his death they have been granted iiension in accordance with the certificate num-
bered , bearing date , and which is herewith returned ; and that the names

and date of birth of all his legitimate children yet surviving, who were under sixteen
years at the dute of the father's death, are as follows :

2 , of soldier by , bom , 16 — .

, of soldier by , born , 18 — .

, of soldier by : , born , 18 — .

, of soldier by , born , 18 — .

, of soldier by , born , 18— .

, of soldier by , born , 18 — .

That hereby appoints h— attorney to prosecute the above claim,

that h — residence is at No. , in street, in the of , county of

, State of ; and that h— post-office address is .

[Claimant's signature.]
Attest :

» Stat« rank, company, nud legiment, if in Army ; or rank, vessel, &o., if in Navy.
^ State names of children and their mothers, and dates of birth.

PENSION LAWS, DECISIONS, &C. 61

BLANK FORMS OF DECLARATIONS FOR ARMY AND NAVY PEN-
SIONS— Continued.

Also personally appeared , residing at No. , in street, in ,

and , residing at No. , in street, in , persons whom I cer-
tify to be respectable and entitled to credit, and viho, being by me duly sworn, say

that they were present and saw — , the claimant, sign h — name (or make h —

mark) to the foregoing declaration ; that they have every reason to believe, from the
appearance of said claimant and their acquaintance with - — , that is the identi-
cal person represents self to be ; and that they have no interest in the prose-
cution of this claim.

[Signatures of witnesses.]

Sworn to and subscribed before me this day of , A. D. 18 — ; and I hereby

certify that the contents of the above declaration, &c., were fully made known
[l. 8.] and explained to the applicant and witnesses before swearing, including the

words erased, and the words added ; and that I have no interest,

direct or indirect, in the prosecution of this claim.

[Signature.]

[Official character.]

Declaration for an original pension of a mother.

State of , County of , ss:

On this day of , A. D. one thousand eight hundred and , per-
sonally appeared before me, , the same being a court of record within and

lor the county and State aforesaid, , a resident of -, county of

, in the State of , aged years, who, being duly sworn according to law,

makes the following declaration, in order to obtain the pension provided by acts of

Congress granting pensions to dependent mothers: That she js the^ of ,

and mother of , who^ under the name of , at , on the day

of , A, D. 18 — , in'^ , in the war of ,who^ on the day of

, A. D. 18 — ; that said son left neither widow nor child under sixteen years

of age surviving; that she was ^- dependent upon said son for support; that her

husband, the aforesaid , aged years, ^ ; that there were surviving at

date of said son's death, his brothers and sisters, who were under sixteen years of age,
as follows:

born , 18 — .

That she has not heretofore received applied for a pension'' ; that she has

not aided or abetted the rebellion ; that she hereby appoints '— her attorney

' "Wife" or "widow."

2 •' Enlisted," " was drafted," &c.

3 State company and regiment, if in the .Army ; and vessel, &c., if in the Navy.

4 State nature of wounds and all circumstances attending them, or the disease and manner in which
it was incurred, in either case showing the soldier's death to have heen the sequence: also service and
I ank at time of death.

^•' Wholly" or "in part. "

"^If husband is dead so state, giving date of death; also whether applicant has remarried. If still
living, his inability to support applicant should be accounted for.
' If either she or the soldier has previously applied, so state, giving number of claim.

62 PENSION LAWS, DECISIONS, &C.

BLANK FOUMS OI] DECLARATIONS FOR ARMY AND NAVY PEN-
SIONS— Continued.

to proHeeute the above claim; that her residence is at No. , in street, in the

of , county of , State of ; and that her post-office address is

[Claimant's signature.]
Attest:

Also personally appeared , residing at No. in street, in

, and , residing at No. in street, in , persons

whom I certify to he respectable and entitled to credit, and who, being by me duly

sworn, say that they were present and saw , the claimant, sign her name

(or make her mark) to the foregoing declaration ; that they have every reason to believe,
from the appearance of said claimant and their acquaintance with her, that she is the
identical person she represents herself to be; and that they have no interest in the
prosecution of this claim.

[Signatures of witnesses.]

Sworn to and subscribed before me this day of , A. D. lo; and I hereby

certify that the contents of the above declaration, &c., were fully made known
[l. 6.] and explained to the applicant and witnesses before swearing, including the

words erased, and the words added ; and that I have no interest,

direct or indirect, in the prosecution of this claim.

[Signature.]

[Official character.]

Declaration for an original pension of a father.

State of , County of , «« :

On this day of , A. D. one thousand eight hundred and , per-
sonally appeared before me, ,the same being a court of record within and

for the county and State aforesaid, , aged yeans, who, being duly

sworn according to law, makes the following declaration, in order to obtain the pension
provided by acts of Congress granting pensions to dependent fathers: That he is the

father of — * , who under the nam ' of , at , on the

day of , A. D. 18 — , in • , in the war of , who ^ , on the

day of , A. D. 18 — , who bore at the time of his death the rank of in^ ;

that his son, — , left neither 'widow nor child under sixteen years of age

surviving; that the declarant was married to the mother of said sou at , on the

day of , A. D. , by ; that he was"* dependent upon

said son for support; that the mother of said sou died at , on the day of

'State company and regiment, if in tlie Army; and vessel, &c., if in the Navy.

2 Stale nature of wounds and all circumstances attending them, or the disease and manner in which
it was JHcniTed, in either case showing the soldier's death to have heen the sequence.

3 State company and regiment, if in the Army; and vessel, &c., if in the Navy.
< " "Wholly " or " in part."

PENSION LAWS, DECISIONS, &C. 63

BLANK FORMS OF DECLARATIONS FOR ARMY AND NAVY PEN-
SIONS— Continued.

, A. D. ; that there were surviving, at the date of said son's death, his brothers

and sisters, who were under sixteen years of age, as follows :

, born, — : , 18 — .

, born, , 18 — .

That he has not heretofore received applied for a pension ^ ; that he has

not aided or abetted the rebellion ; that he hereby appoints his attorney

to prosecute the above claim ; that his residence is at No. , in street, in the

of , county of , State of , and that his post-office address is

[Claimant's signature.]
Attest :

Also personally appeared , residing at No. , in street, in

and , residing at No. , in street, in , persons whom I cer-
tify to be respectable and entitled to credit, and who, being by me duly sworn, say

that they were present and saw , the claimant sign his name (or make his

mark) to the foregoing declaration ; that they have every reason to believe, from the
appearance of said claimant and their acquaintance with him, that he is the identical
person he represents himself to be; and that they have no interest in the prosecution
of this claim.

[Signatures of witnesses.]

Sworn to and subscribed before me this '■ — day of , A. D. 18— ; and I hereby

certify that the contents of the above declaration, &c., were fully made known
[L. s.] and explained to the applicant and witnesses before swearing, including the

words erased, and the words added; and that I have no interest,

direct or indirect, in the prosecution of this claim.

[Signature.]

[Official character.]

Declaration for pension of dependent brothers and sisters.

State op , County of , ss :

On this day of , A. D. one thousand eight hundred and , per-
sonally appeared before me, : — , the same being a court of record within and

for the county and State aforesaid, , a resident of , county of ,

in the State of , aged years, who, being duly sworn according to law, makes

the following declaration, in order to obtain the pension provided by acts of Congress

for dependent brothers and sisters: That is the only legal guardian of

, brothers and sisters of , who ^ under the name of , at ,

• If either he, the mother, or the soldier lias previously applied, so state, giving number of claim.
" Was enlisted, '' "drafted, " or otherwise, as the case may be.

64 PENSION LAWS, DECISIONS, Sit.

BLANK EORMS OF DECLARATIONS FOR ARMY AND NAVY PEN-
SIONS— Continued.

on the day of , A. D. 18 — , > , in the war of , who died ,

at , on the day of , A. D. 18 — , and who bore at the time of his death

the rank of in ^ ; that he left neither widow, minor child, nor "^ ;

that the above named are the only legitimate brothers and sisters, inchidng those of

the half-blood, of the said deceased , surviving, who were under sixteen

years of age at the time of his death, and were dependent upon him, of whom ■' ;

that said brothers and sisters were the issue of the parents of said soldier, as follows,
the dates of their birth being- as herein stated :
6 , child of -^ and , born , 18 — .

, child of and , born , 18 — .

, child of —■ and , bom , 18 — .

: , child of •- and , born , 18. — .

That the parents were married under the names of » , there being no legal

barrier to the marriage ; that none of said brothers or sisters have aided or abetted the
rebellion; that "— prior application has been filed ^ ; that hereby ap-
points h— attorney to prosecute the above claim ; that h— residence is

at No. , in street, in the of , county of , State of ,

and that h — post-oflBce address is .

[Claimant's signatnre. i
Attest:

Also personally appeared , residing at No. , in street, in

, and , residing at No. , in street, in , persons whom

I certify to be respectable and entitled to credit, and who, being by me duly sworn,

(•ay that they were present and saw the claimant, sign h — name (or make

mark) to the foregoing declaration ; that they have every reason to believe, from

the appearance of said claimant and their acquaintance with , that is the

i<lentical person represents ^ self to be ; and that they have no interest in the

])ro8ecntion of this claim.

[Signatnpes of witnesses. ]

Sworn to and subscribed before me this day of , A. D. 18 — ; and I hereby

certify that the contents of the above declaration, &c., were fully made known
[l. 8. ] and explained to the applicant and witnesses before swearing, including th#

words erased, and the words added ; and that I have no interest,

direct or indireot, in the prosecution of this claim.

[Signature.)

Official character.

' State company ami regiment, if in Army : or veasel, &c., i f in Navy.

2 State nature of wounds and nil circumstancos attending them, or the disease and manner in which
It was incnrred, in either case showing soldier's death to have been the sequence.
' " In the service aforesaid, " or otherwise, as may have been the case.

* If mother or father survived the soldier and subsequently died, so state, giving date of death ; other-
wise add, " mother nor father surviving."

• If any have died, state date of death.

• State names of children and of both parents ; also date of birth.
» Give names of parents and places and dates of marriages. .

* If either soldier or his f^ilher or mother h.ivi- provionslv nppliod. so state, giving date and number
of application.

BLANK FORMS OF DECLARATIONS FOR ARMY AND NAVY PEN-
SION S— Continued.

See Bounty Land, par. 51, and Service Pensions, War of
1812, par. 11.

BOUNTY LAND.

1. ACTS IN NATURE OF CONTRACTS AND GRATUITIES.

(For laws see paragraph 115 this title.)

decisiojS^ of the secretary of the interior.

I. The acts of January 11, 1812, and February 11, 1847, are in the
nature of contracts.

The acts of December 24, 1811, February 6, 1812, January 20, 1813, and December
10, 1814, being for the same purpose and containing the same conditions as the act of
January 11, 1812, were doubtless intended to be included in this decision.

The acts of December 24, 1811, January 11, 1812, January 20, 1813, and December
10, 1814, provided for completing and enlarging the military establishment (the Reg-
ular Army) of the United States for service in the war of 1812, and the act of Feb-
ruary 6, 1812, authorized the calling into service of volunteer military organizations
for said war. The grant of a bounty in land of IGO acres, as well as a bounty in money,
was ptfered as an inducement to secure enlistments, and the Government was therefore
bound by the terms of its contract to issue a land- warrant, of the denomination men-
tioned, to all the enlisted men, " and their heirs and representatives," who entered
the service during the war of 1812, under the provisions of the acts named. All of
these acts, however, contained the following provision ''the said * * * one hun-
dred and sixty acres of land to be designated, surveyed and laid off, at the public ex-
pense, in such manner and upon such terms and conditions as may be provided by law."

The act of May 6, 1812, providing for designating, surveying and granting the
military bounty-lands, declared ''That the Secretary for the Department of War, for
the time being, shall, from time to time, issue warrants for the military land bounties
to the persons entitled thereto by the two last- mentioned acts (acts of December 24,
1811, and January 11, 1812), or either of them : Provided always, That such warrants
shall be issued only in the name of the persons thus entitled, and be, by them or their
representatives, applied for tciihinfive years after the same persons shall have become en-
titled thereto ; " * * *

The act of ipril 16, 1816, "An act further extending the time for issuing and locat-
ing military land warrants," provides: " That the Secretary of War be authorized to
issue military land warrants to such persons as have, or shall have, before the Ist day
of March, 1818, produced to him satisfactory evidence of the validity of their claims;
which warrants, with those heretofore issued, and not yet satisfied, shall and may be
located, in the name of the holders or proprietors thereof, prior to the Ist day of Oc-
tober, 1818." * * *

The date for the completion of bounty-land claims, under the acts mentioned, was
extended, from time to time, to the 26th day of June, 1858, when, it is held, the pro-
visions of said acts expired- by limitation. See decision of Secretary of the Interior,
(4) paragraph 76 of this title. The effect of this limitation is to cut off the " heirs and
representatives," or rather to confine them to the heirs specified in later acts (now
sections 2418, 2419, and 2428, Revised Statutes).

The act of February 11, 1847, provided for the raising, for a limited time, an addi-
tional military force for the Mexican war, and offered as an inducement to encourage
enlistments a grant of 160 acres of bounty in land to the enlisted man, or. in the event
of his death, to ''his family or relatives, according to the following rules: First, to
7018 PEN 5

66 PENSION LAWS, DECISIONS, dtC.

BOUNTY LAND— Continued.

the widow and to his children; second, his father; third, his mother;" and by the
amendment of May 27, 1848, "fourth, to the brother and sister, or in equal proportions
to the brothers and sisters of the deceased, as the case may be." As the limitations
referred to in the laws relating to the war of 1812 do not apply to enlistments under
said acts of 1847, it is evident that it is still in force as a contract with full binding
eifect according to its terms. The provisions, however, of said act are substantially
covered by section 2418, Revised Statutes, as construed by decisions of Ihe Secretary
of the Interior. The present effect of this ruling, that the acts above referred to are
in the nature of contracts, is to give a second warrant in a few cases where, for some
service other than in the Mexican War, or in the regular army in the war of 1812, a
warrant for 160 acres of laud has already been granted to the same person. (See
paragraph 135 this title. )

II. The act of September 28, 1850, in its grants of bounty lands, offers
gratuities.

And as the acts of March 22, 1852, and March 3, 1855, are of the same character and
were passed under similar circumstances, their grants must be considered in the nature
of gratuities. These acts were passed after the services which gave the title had been
rendered, and, consequently, contained no part of the conditions of enlistments. They
were enacted for the purpose of providing for certain classes and certain services not
provided for in previous acts, and in the case of the act of 1855, to equalize, in quantity
of land, the grants under all prior acts.

The act of 1850 is contained in section 2418, Revised Statutes, the act of 1852 in
section 2420, and the act of 1855 in section 2425, et seq.

Stuart, A. H. H., Secretary, Oct. 29, 1850. M. and M., p. 563. Schurz, C, Secretary. July 25
1879. B. L. Wt., No. 3,103-160-1847. Andersou, .James W. O. W. and N., Vol 2, p. 178.

2. ACTS, SPECIAL.

See Paragraph 108 thi^ Title and Paragraph 49 this
Title.

3. administrators.

DECISIONS OF THE SECRETARY OF THE INTERIOR.

(1) In suspicious claims appointment of administrator should be in-
vestigated.

Delano, C. Secretary. Nov. 6. 1874. B. L. Wt., No. 29,818-80-1850. East, James. Vol. 4, p. 349

(2) Administrators must file certificate of court as to their appoint-
ment.

Instruetiont : Delano, C, Secretary. May 3, 1875.

4. APACHE INDIAN "WAR.

See Paragraph (U) this Title.

5. APPEALS.
DECISION OF THE SECRETARY OF THE INTERTOR.

(1) A question having been settled by a former Secretary of the In-
terior, and no new evidence being discovered and no new facts api)ear-
ing in the case, cannot properly be reopened and must be regarded as
res a fl judicata.

Schurz, C. Serrctarv June 19. 18711 Spj-cinl act , O. ^Y. uud N. Vol. 2. p. 130.

See Appeals.

PENSION LAWS, DECISIONS, &C. 67

BOUNTY LAND— Continued.

6. APPLICATIONS.

See PARAaRAPH 33 this Title.

7. ARMY AND NAVY ROLLS AND RECORDS, WHERE FOUND.

See Army and ^any Eolls and Eeoords, where found.

8. AROOSTOOK OR NORTHEASTERN DISTURBANCE.

See Paragraph 60 this Title.

9. ASSIGNMENTS.

Section 2414, Eevised Statutes.

All warrants for military bounty-lands which have been or may here-
after be issued under any law of the United States, and all valid loca-
tions of the same which have been or may hereafter be made, are de-
clared to be assignable by deed or instrument of writing made and
executed according to such form and pursuant to such regulations as
may be prescribed by the Commissioner of the General Land Office, so
as to vest the assignee with all the rights of the original owner of the
warrant or location.

22 March, 1852, c. 19, s. 1, v. 10, p. 3 ; 3 June, 1858, c. 84, 8. 2, v. 11, p. 309.

See Paragraphs 126 and 129 this Title.

DECISIONS OF THE SECRETARY OF THE INTERIOR.

(1) Assignment of warrant by warrantee must be made in due form,
in order that any one claiming under it may be recognized on appeal.
The Department declines to disturb the action of the Pension Office in
canceling assignment of warrantee, in consequence of it being sur-
rounded with presumptions of fraud, there being no proof that injustice
is done to any party or parties by said action, or that any one would
have title to said warrant if restored.

Schnrz, C, Secretary. AprU 7, 1880. B. L. Wt. No. 61,617-160—1855. Byrne, Martin. Vol. 7, p.

277.

(2) Whether the assignment of a bounty-land warrant, purporting to
have been made by a person in whose name such warrant was issued,
was actually made by him, is a question which pertains to the business
of the General Land Office.

Teller, H. M., Secretary. Nov. 15, 1883. B. L. Wt. IJo. 53,743-160—1847. Tippett, WUliam J.
et al., brother and sisters of Tippett, Samuel N. Vol. 11, p. 52.

10. ATTORNEYS.

See Attorneys.

11. ATTORNEYS, PEE OF.

See Paragraph 49 this title, also Fees of Agents and
Attorneys.

12. attorneys, fee agreements of.

Sec Paragraph 49 this title, a^so'FEES of Agents and
Attorneys.

()8 PENSION LAWS, DECISIONS, &^C.

BOUNTY LAND— Continued.

13. BEARER OF DISPATCHES.

See Paragraph 24 this Title.

14. BLACK HAVSTK WAR.

i^ec. Paragraph 60 this Title.

15. BROTHERS AND SISTERS.

{For law see paragraph 115 this title.)

DECISIONS OF ATTORNET-GENERAL AND SECRETARY OP THE INTE-
RIOR.

(1) Brothers and sisters of the half blood are equally entitled with
those of the whole blood.

[Note.— TTnder Section 2418, Revised Statutes.]

Toucey, Isaac, Attorney-General. Sept. 7, 1848. Decisions of Attorneys-General. Vol. 5, p.

26. Thomas J. Luxen, et al., brother and sister of Joseph Luxen. B. L. Wt. No. 29,.362-160—

1847. M. and M., p. 483.
McKennan, T. M. T., Secretary. Aug. 22, 1850. B. L.Wt. No. 71,007-160— 1847. Audrews, F., M.

and M., p. 559. ?

(2) The illegitimate sisters of an illegitimate deceased brother (leav-
ing neither wife, children, or other relatives) are unquestionably en-
titled to his bounty -land.

[Note.— Under Section 2418, Revised Statutes.]

McClelland, R., Secretary. Dec. 15, 1853. O. W. and N. Vol. 4, p. 67. (No claim found.)

(3) The provisions of the act of February 11, 1847, allowing bounty-
land to the fathers, mothers, brothers, and sisters of enlisted men in
the Regular Army, are not repealed by the provisions of section 2418
and 5596, Revised Statutes, but their rights under the act of February
11, 1847, and May 27, 1848, are accrued rights, and are reserved by sec-
tion 5597, Revised Statutes.

Schnrz, C, Secretary. December 17, 1879. B. L. Wt. No. 7,036-160—1847. Bailes, Thompson.
Vol. 7, p. 128.

(4) A soldier served three months as a private in the war with Mex-
ico, and received during his life-time a warrant for 40 acres, under the
act of February 11, 1847, [Sec. 2418, R, S.] The soldier died in 1852,
having received all to which his services entitled him under the laws
in force prior to his death, and any law (act of March 3, 1885, now sec-
tion 2425 et seq., R. S.) passed since his death increasing the amount of
land to which he would have been entitled if living, does not extend its
benefits to brothers and sisters.

Schurz, C, Secretary. Dec. 17, 1879. B. L. No. 334,385. Foster, John G., sisters of. Vol. 7, p. 121.

(5) Brothers and sisters of soldiers, are not entitled to bounty -laud,
under ibe act of March 3, 1855, [Sec. 2425 et seq.y R. S.] and not entitled
under section 2418, Revised Statutes, unless the soldiers served for
a period of thirty days at least.

Kirkwood, S. J., Secretary. July 6, 18>>l . B. L. No. 334.827. Mendenhall, Zadoc. Vol. 8, p. ;WC.

PENSION LAWS, DECISIONS, ScC. 69

BOUNTY LAUD— Continued.

(G) The only Jaw granting bounty-land to those who served in the
Xavy, or their heirs, is contained in sections 1 and 2 of the act of March
3, 1855, now sections 2425 to 2428, Revised Statutes, inclusive, which
does not extend its benefits to other heirs than the widow and children.

Teller, H. M., Secretary. May 3, 1882. B. L. No. .'535,474. Walliug, M. C. Vol. 9. p. 177.
RULrNTG OF THE COMMISSIONER OF PENSIONS.

EuLiNa :N^o.— . April 13, 1885.
Sisters of soldiers are not entitled to bounty -land under section 2420,
Eevised Statutes.

B. L. No. 335,490. Walker, Lydia, sister of Hadin, Daniel B. O. W. and X. Vol. 3, p. 357.

See Paragraph 51 this Title j See Brothers and Sisters.

16. BOUNTY IN MONEY.

See Paragraph 51 this Title.

17. BURR'S INSURRECTION.

See Paragraph 60 this Title.

18. CANCELLATION OF WARRANTS.

See Paragraph 126 this Title.

19. CAPTIVITY.

See Paragraph 106 this Title.

20. CAVEATS.

See Paragraph 126 this Title.

21. CERTIFICATE OF DISCHARGE.

See Paragraph 36 this Title.

22. CHEROKEE REMOVAL

See Paragraph 60 this Title.

23. CHILDREN, MINOR.

See Paragraph 76 this Title.

24. CIVILIAN EMPLOYES.

Section 2426, Revised Statutes.

The classes of persons embraced as beneficiaries under the preceding
section are as follows, namely :

* * * * # # #

Wagon-masters and teamsters who have been employed under the

70 PENSION LAWS, DECISIONS, &C.

BOUNTY LAND— Continued.

direction of competent authority, in time of war, in the transportation
of military stores and supplies.

3 March, 1855, sec. 1, 2d proviso.

Chaplains who served with the Army.

3 March, 1855, sec. 10.

{For further laws see paragraph 115 this title.)

DECISIONS or THE SECRETARY OF TETE INTERIOR.

(1) Bearer of dispatches. — With the exceptions in the act itself (March
3, 1855, section 2425 et seq., R. S.), specifically designated, the service
contemplated by the act is strictly military service. Service rendered
as "bearer of dispatches" is not military.

McClelland, R., Secretary. May 29, 1856. B. L. No. 127,8^9. Reid, James. O.Vt^. andN. Vol.
4, pp. 78, 79.

(2) Contract surgeon. — A surgeon serving under a contract is not an
Army officer by api)ointment nor a volunteer, and is not entited to
bounty -land.

Thompson, J., Secretary. June 5, 1857. B. L. No. 251,385. "Wislezmus, Adolphus. O. W. and N.
Vol. 4, pp. 83, 84. Schurz, C, Secretary. March 15, 1877. B. L. No. 227,083. Graves, R. L.
Vol. 2, p. 57.

(3) Mechanics and laborers employed in the Array are not entitled to
bounty- land.

Stuart, A. H. H., Secretary. January 7, 1851. O. W. and N. Vol. 4, p. 42. (No claim.)

(4) A packer is included in the fourth class mentioned in section 2426,
Revised Statutes, viz, wagon-masters and teamsters.

[See mling this paragraph. 1

Teller, H. M., Secretary. Sept. 18, 1883. B. L. No. 331,420. Winkle, John A. 0. W. and N.
Vol. 3, p. 206.

(5) Quartermaster employes. — A clerk or deck hand in Quartermaster's
Department is regarded as a civilian employed in that Department, and
is not entitled to bounty-land.

McClelland, R., Secretary. Aug. 13, 1853. B. L. Rejected No. 96,226— 1847. Wakeman, Alonzo

C. O. W. and N. Vol. 1, p. 91.
Scharz, C, Secretary. April 28, 1879. B. L. No. 332,279. Domingo. Ascueuago. O. AV. and N.

Vol. 2, p. 101. '

(6) Spies.— Uw^^v act of March 3, 1885 [Section 2425 et seq., K. S.], a
spy not on the rolls as an officer or enlisted man is not entitled.

Thompson, J., Secretary. Jan. 4, 1860. B. L. Rej. No. 288,163. Hnh1»f'll. Anron. O. W. and
N. Vol. 4, p. 97.

(7) Teamsters must have served at the seat of war to be entitled.

Thompson, J., Secretary. April 8, 1858. B. L. No. 75,255. Basye, Thomas J. (). W. an<l N.

Vol. 4, p. KG.
Moldrow, II. L., Acting Secretary. May 11,1885. B. L. No. 335,800. Groh, Jacob. See No

335.556. Catharine Knoto. O. W. niid N. Vol. 5, p. 28.

BOUNTY LAND— Continued.

(8) A iecwiHter wbo did not reach the seat of the Mexican war, before
discharge, is not entitled.

Thompson, J., Secretary. April 16, 1859. B. L. No. 224JI84. Iiiglis, James. O. W. and N.
Vol. 4, pp. 91, 92.

(9) Traders. — During the Mexican war, the First Regiment of Mis-
souri Volunteers [Colonel Doniphan] inarched from Santa F^ to Chi-
huahua, Mexico. On said march the regiment was accompanied by a
party of traders numbering, with their emi:)loyes, about 200 men, who,
ibr the better protection of themselves and their property, were organ-
ized into two companies, which were dismissed on arriving at Chihua-
hua their place of destination, Eeld : that service was of a private rather
than public character, and that the persons rendering it were not in the
service of the United States and not entitled to bounty-land.

Teller, H. M., Secretary. Jijne 17, 1880. B. L. No. 333,367. Davis, Jasper N. Vol. 9, p. 264.
Stuart, A. H. H., Secretary. Nov. 7, 1850. (No claim cited:) O. W. and N. Vol. 4, p. 38.
Schurz, C, Secretary. :May 19, 1880. B. L. No. 334,746. Turner, John C. O. W. and N. Vol.
2, p. 308.

(10) Wagon-masters: — Under act March 3, 1855 [section 2425 et. seq.,
R. S.], wagon-masters and teamsters employed in the removal of the
Cherokee Indians, are not entitled to bounty-land.

Thompson J., Secretary. Oct. 5, 1857. B. L. No. Ill, 612. Denton, James R. O. W. and N.
Vol. 4, pp. 85, 86.

RULIN^G OF THE COMMISSIONER OF PENSIO]SrS.

Ruling No. 56. January 22, 1872.
Privateersmen are not regarded as enlisted men in the service of the
United States.

Ruling No. — . April 20, 1885.
A packer is not entitled to bounty-laud unless the service was ren-
dered in time of and at seat of war.

B.I..N0. 331,420. Winkle, John A. O. W. and N. Vol. 3, p. 349.

See (4) THIS Paragraph. Also Civilians in Service of
Quasi Military Character.

25. COMMISSIONED OFFICERS.

{For laics see paragraph 115 this title.)

DECISIONS OF ATTORXEY-GENERAL' AND SECRETARY OF THE INTE-
RIOR.

(1) Under the act of April 10, 1816, a person who enlisted for live
years or for during the war of 1812, and served as such until commis-
sioned, but who resigned his commission before the close of the war. is
entitled to bounty-land.

Wirt, William, Attorney-General. July 29., 1819. Decisions of Attorneys-General, Vol. I, p.

273; M. and M., pp. 342, 343.
[XOTE. — Under all acts for war of 1812, prior to 1850, no provision was made for commissioned

officers. All these officer?, however, came in nnder provisions of the acts of 1850 and 1855,

now sections 2418 and 2425 et scq.. R. S.^,

72 PENSION LAWS, DECISIONS, &C.

BOUNTY LAND— Continued.

(2) Title to bounty-land is not impaired by the promotion to be a
commissioned officer, before the expiration of his enlistment, of a pri-
vate who subsequently continued in the service to the end of the war.

Ewing, T,, Secretary. March 28, 1850. B. L. Wt. No. 68,865-160—1847. Krohne, Charles. M.

and M., p. 50.
[Note. — This decision applies to act of 1847, which made no provision for commissioned officers,

but, as re-enacted in section 2418, Revised Statutes, such officers are now provided for.]

26. CONTRACTS, ACTS IN NATURE OF.

See Paragraph 1 this Title.

27. CONTRACT SURGEON.

See Paragraph 24 this Title.

28. COPIES OF PAPERS.

See Paragraph 51 this Title.

29. COURT OF CLAIMS.

Has no jurisdiction over bounty-land claims pending before the Pen-
sion Office.

See Note to (10) Paragraph 106 this Title.

30. CREEK DISTURBANCES.

See Paragraph 60 this Title.

31. DEATH, presumption OF.
DECISION OF THE SECRETARY OF THE INTERIOR.

(1) The presumption of death, arising from absence of a party in
parts unknown for seven years, fixed by common law, should apply in
bounty-land claims.

InHmctions : Ewing, T., Secretary. May 7, 1850 O. W. and N. Vol. 4, p. 23.

32. DECEASED WARRANTEES OR CLAIMANTS.

See Paragraph 137 this Title.

33. DECLARATIONS.

{For laws see general title Declaration,)

DECISIONS OF THE SECRETARY OF THE INTERIOR.

(1) Declaration for a lunatic should be made by a legallj^ appointed
committee, who will have control of the warrant, for the lunatic's bene-
fit, if issued.

Stuart, A. H. H., Secretary. Feb. 10, 1851. B. L. No. 100,992. Poj;ue, Samuel. O. W. and N.
Vol. 4, p. 45.

PENSION LA^VS, DECISIONS, &,C. 73

BOUNTY LAND -Continued.

(2) DeclaratioDs in bounty-land claims must be made before an officer
of a court of record.

Delano, C, Secretary. Jan. 10, 1872. B. L. (No claim.) Kobledo, Cension- Yol. 1, p. 136.
RULING OF COMMISSIONER OF PENSIONS.

EULING No. 7. January 10, 1870.
Declarations in claims for bounty- lands must be made before an offi-
cer of a court of record.

ORDER OF COMMISSIONER OF PENSIONS.

Order No. 11. November 18, 1871.
No declaration or affidavit alleging or claiming title to pension, exe-
cuted subsequent to July 4, 1864, otherwise than before a court of rec-
ord, or before some officer thereof having custody of its seal, shall be
regarded as an application for pension under the provisions of section
0, act of July 27, 1868. But if executed prior (though not before a court
of record) and filed subsequent to July 4, 1864, it may be so accepted.

[XoiE.— The law providing for the form of execution of declarations does not, in letter, include
bounty-land applications ; but it has been construed by the Department and this Office to
cover that class of cases.]

See Paragr'aph 51 this Title.

34. DELIVERY OP WARRANTS.

See Paragraph 127 this Title.

35. DESERTION.

See Paragraph 37 this Title.

36. DISCHARGE CERTIFICATES.

Section 2440, Revised Statutes.

In all cases of discharge from the military service of the United States
of any soldier of the Regular Army, when it appears to the satisfaction
of the Secretary of War that a certificate of faithful services has been
omitted by the neglect of the discharging officer, by misconstruction of
the law, or by any other neglect or casualty, such omission shall not
l^revent the issuing of the warrant and patent as in other cases. And
when it is proved that any soldier of the Regular Army has lost his
discharge and certificate of faithful service, the Secretary of War shall
cause such papers to be furnished such soldier as will entitle him to his
land-warrant and patent, provided such measure is justified by the time
of his enlistment, the period of service, and the report of some officer of
the corps to which he was attached. (See paragraph 115 this title.)

1^7 April, 1816, c. 127, s. 2, v. 3, p. 317.

decisions of tiie secretary of the interior.

(1) A discharge filed in a claim before this Office cannot be with-
drawn. A certified copy of a certificate of discharge may be furnished.

Stuart. A. H. H., Secretary. " Nov. ], 1850. (Xo claim referred to.) O. W. and N. Vol. 4, p. 37.

74 PENSION LAWS, DECISIONS, &C.

BOUNTY LAND— Continued.

(2) Discharge filed in admitted claim for bounty-land cannot be with-
drawn except for purpose of litigation.

Browning, O. H., Secretary. Sept. 29, 1866. Strong, George W. (No claim.) Vol. 2, p. 188.

(3) Attorneys are not recognized in applications for copies of dis-
charge certificates.

Teller, H. M., Secretary. Feb. 10, 1885. B. L. Wt. No. 33,585-160—1847. Detrich, Joseph. O.
W. and N. Vol. 3, p. 326.

See (3) AND (4) Paragraph 138 this Title, also (2) Para-
graph 45 THIS Title, and Paragraph 51 this Title.

37. DISCHARGE, HONORABLE.

Section 2438, Kevised Statutes.

No person who has been in the military service of the United States
shall, in any case, receive a bounty-land warrant if it appears by the
muster-rolls of his regiment or corps that he deserted or was dishonor-
ably discharged from service.

28 Sept., 1850, c. 85, s. 1, v. 9, p. 520 ; 3 March, 1855, c. 207, s. 1, v. 10, p. 701.

(See also law in paragraph 36 this title,)

DECISIONS OF THE SECBETARY OF THE INTERIOR.

(1) A soldier enlisted for five years in Mexican war, but discharged
at its close on a writ of habeas corpus, is entitled to bounty- land.

[Note. — Applies chiefly to section 2418, Revised Statutes.]

Goddard, D. C, Acting Secretary (Chief Clerk). August 18, 1849. B. L. Wt. No. 64. 619-160—
1847. Barnard, James. O. W. and N. VoL 4, pp. 3, 4.

(2) A soldier discharged for disability existing at time of enlistmient
must have passed the usual examination and been accepted, and is there-
fore entitled.

Ewing, T., Secretary. Sept. 1, 1849. B. L. Wt. No. 64.741-160—1847. Johnson, Charles. O.
W. and N. Vol. 4^ p. 4. Eeversing decision of same Secretary of June 2, 1849, in case of
Henry Brand. B. L. Wt. No. 60,296-160—1847. O. W. and N. Vol. 4, p. 1.

Ewing, T., Secretary. Sept. 5, 1849. B. L. Wt. No. 64.180-160— 1847. McPhileany, William.
0. W. and N. Vol. 2, p. 35.

(3) Death of a soldier after completing his service in the Mexican
war, but before receiving his discharge, does not impair title.

[Note.— Applies chiefly to section 2418, R. S.]

Ewing, T., Secretary. .Feb. 28, 1850. B. L. Wt. No. 64,899-160-1847. Talbert, John F. M. and
M., p. 545.

(4) Soldiers in the Mexican war, who were honorably discharged, for
reasons not shown by the rolls or certificate of discharge, must prove by
credible persons, that they were discharged in consequence of wounds
received or disease contracted in service.

[Aff'ect.s only cases coming under act, 1847, or section 2418, R. S.]

Ewing, T., Secretary March 9. 1850. Peyton, Elijah A. (No claim found.) M. and M. p .'547.

PENSION LAWS, DECISIONS, &C. 75

BOUNTY LAND— Continued.

(5) A soldier honorably discharged at his own request, or that of his
friends, at close of Mexican war, although he may not have completed
term of enlistment, is entitled.

. [Note.— Applies chiefly to section 2418, R. S.]
Ewing, T., Secretary. June 7, 1850. B. L. Wt. No. 70,279-160—1847. Keese, Samnel. O. W.
and N. Vol. 4, p. 27.

(6) Officers and privates dismissed the service without trial, and re-
manded to service without trial, but, failing to receive order of the Pres-
ident, did not return to service, are entitled.

Goddard, J. C. Acting Secretary (Chief Clerk). Aug. 8, 1850. B. L. Wt. No. 70,745-160—1847.
Hunter, Jason H. M. and M., pp. 558, 559.

(7) Payment of fine in lieu of service does not give title. An honor-
able discharge is indispensable.

Stuart, A. H. H., Secretary. Dec. 24, 1850. (Xoclaim.) O. W. and N. Vol. 4, p. 41.

(8) A soldier received a furlough on account of sickness, was after-
wards prevented joining his command by reason of its removal to a dis-
tant part of the country; entitled to credit for time from enlistment to
removal of disability.

Stuart, A. H. H., Secretary. Feb. 8, 1851. Taylor, Jaraes. (No claim found.) O. W. and N.
Vol. 4, pp, 44, 45.

(9) Desertion bars claim for service, if soldier deserted from term of
service alleged as basis of claim.

Delano, C, Secretary. March 23,1875. 1812 pension - claim, No. 30,095. Mc Alpine, Daniel.
Vol. 3, p. 498.

(10) Desertion is no bar, if from a former term of service.

Delano, C, Secretary. May 19, 1875. 1812 pension claim No. g,858. Barnes, James, VoL 3,
p. 45.

(11) A soldier given up to civil authorities and sent to State prison
was not honorably discharged.

Schurz, C, Secretary. April 17, 1877. B. L. No. 332,620. Tender, Dexus. 0. W. andN. Vol.
1, p. 5.

ISee {1) AND (2) Paragraph 106 this Title; Paragraph 8,
Srrvice Pension War of 1812; and Discharge.

38. DISLOYALTY.

Section 3480, Eevised Statutes.

It shall be unlawful for any officer to pay any account, claim, or de-
mand against the 'United States which accrued or existed prior to the
thirteenth day of April, eighteen hundred and sixty-one, in favor of any
l)erson who promoted, encouraged, or in any manner sustained the late
rebellion, or in favor of any person who during such rebellion was not
known to be opposed thereto, and distinctly in favor of its suppression;
and no pardon heretofore granted, or hereafter to be granted, shall
authorize the payment of such account, claim, or demand, until this

76 PENSION LAWS, DECISIONS, &C.

BOUNTY LAND— Continued.

section is modified or repealed. But this section shall not be construed
to prohibit the payment of claims founded upon contracts made by an^
of the Departments, where such claims were assigned or contracted t(?
be assigned prior to the first day of April, eighteen hundred and sixty
one, to the creditors of such contractors, loyal citizens of loyal States,
in payment of debts incurred prior to the first day of March, eighteen
hundred and sixty-one.

Joint resolution, 2 March, 1867.

See Paragraph 9, Service Pensions War of 1812.

DECISIONS OF THE SECRETAKY OF THE INTERIOR.

(1) Pardon by the Executive for participation in the late rebellion does
not authorize the allowance of bounty-land, the right to which is the
subject of a claim against the Government and is governed by the pro-
visions of the joint resolution of March 2, 1867. [Section 3480, K. S.]

Cox, J. D., Secretary. Oct. 23, 1869. B.L. Wt. Xo, 80,653-160— 1847. May, Benjamin H. Vol.
2, p. 138.

(2) Persons who aided or abetted in the rebellion are not entitled to
bounty-land under act of March 3, 1855 [section 2425 et seq.^ E. S.]. Par-
don by the President does not restore the right.

Schurz, C, Secretary. Dec. 18, 1877. B. L. No. 331,762. Cluverious, Watt T. Vol. 5, p. 418.

(3) Proof of loyalty is required of persons residing in the late insur-
rectionary States in claims for bounty-land.

Gorham, Charles F., Acting Secretary. Oct. 19, 1876. B. L. No. 332,530. Ketchum, W. H.
B. L. No. 332,507. Lenow, Joseph. Vol. 4, p. 427.

(4) A soldier of the war of 1812 lived in Tennessee during the late
rebellion : Eeld^ that his widow in the bounty-land claim should prove
his loyalty.

Schurz, C, Secretary. March 5, 1878. B. L. No. 231,590. McDonald, Julia G. Vol. 5, p. 362.

(5) Holding office and performing duties of postmaster under the
Confederate Government was aiding and abetting the rebellion.

Schurz, C, Secretary. June— , 1878. B. L. No. 332,860. McDonald, John W. O. W. and N.
Vol: 1, p. 113.

(6) Presumption of disloyalty raised by the fact of payment of taxes
to the Confederate Government and furnishing food and clothing to
sons in the Confederate army from motives of *Move, affection, and the
dictates of humanity" may .be rebutted by showing distinctly and
positively that the taxes were ' paid under duress, that claimant was
opposed to the enlistment of said sons, and that he was opposed to the
rebellion and distinctly in favor of its suppression.

Schurz, C, Secretai-y. July 12, 1878. B. L. No. 333,028. Happel, Philip. Vol. 6. p. 24.
Schurz, C. Secretary. July 13, 1878. B. L. No. 333,216. Brown, Sarah, widow olFieldihs G.
O. W. and N. Vol. 1, p. 126.

(7) Loyalty need not be established in claims for the issuance of du-
plicate bounty-land warrants.

Kirkwood, S. J., Secretary. March 10, 1881. B. L. Wt. No. 49,060-100—1855. Dent, E. A.,
widow of John H. Vol. 8, p. 163.

PENSION LAWS, DECISIONS, &C. 77

BOUNTY LAND— Continued.

RUL.INGS OF COMMISSIONER OF PENSIONS.

EuLiNa Ko. 36. June 9, 1870.
Loyalty of minor children, who were residents in the Northern States
during the war, may be presumed, in the absence of indications to the
contrary.

EULiNa No. 38. March 4, 1872.
Loyalty of the soldier, if he survived after the commencement of the
late rebellion, must in all cases be proven.

ORDER OF COMMISSIONER OF PENSIONS.

Order No. 38. January 28, 1876.
That in the adjudication of claims for bounty-land warrants, or for
pension, other than for service in the war of 1812, under the act of March
9, 1878, and for disability incurred in the war of the rebellion, proof of
loyalty will be required as follows : The affidavit of the claimant show-
ing loyalty to the United States during the rebellion, supported by the
testimony of two credible, disinterested, loyal witnesses, whose credi-
bility must be certified in the jurat by the officer before whom the tes-
timony is taken, and whose credibility and loyalty, together with the
credibility and loyalty of the claimant, must be certified by a United
States officer ; and, that the Office may be more fully satisfied as to the
identity of the claimant in any claim for bounty-land warrant, or for
pension, for service in the war of 1812, the identifying witnesses will,
hereafter, be required, in all new claims and in all pending claims, where
possible, to make affidavit, setting forth their post-office address, age,
period of their acquaintance with the claimant, and such other facts
within their knowledge as enable them to certify to the identity of the
claimant. (See title Service Pension War of 1812.)

See also Paragraph 137 this Title.

PENSION LAWS, DECISIONS, &C. 123

BOUNTY LAND— Continued.

112. TEAMSTERS.

See PARAaRAPH 24 this Title.

113. TERM OF SERVICE.

See Paragraph 106 this Title.

114. TEXAN INDIAN WARS.

See Paragraph 60 this Title.
115. title, how acquired, by whom, for what quantity

OF LAND.

Act of Congress approved February 11, 1847.

[Note. — See note folloiving section 24tl8, B. S., post. J^

Sec. 9. Aiid be it further enacted^ That each uou-com missioned officer,
inusician, or private, enlisted or to be enlisted in the Eegular Arraj^, or
regularly mustered in any volunteer company for a period of not less
than twelve months, who has served or may serve during the present
war with Mexico, and who shall receive an honorable discharge, or who
shall have been killed, or died of wounds received or sickness incurred
in the course of such service, or who shall have been discharged before
the expiration of his term of service in consequence of wounds received
or sickness incurred in the course of such service, shall be entitled to
receive a certificate or warrant from the War Department for the quan-
tity of one hundred and sixty acres. * * * That in the event of the
death of any such non-commissioned officer, musician, or private, dur-
ing service or after his discharge, and before the issuing of a certificate
or warrant as aforesaid, the said certificate or warrant shall be issued
in favor and inure to the benefit of his family or relatives, according
to the following rules: first to the widow and to his children j second,
his father 5 third, his mother. And in the event of his children being
minors, then the legally constituted guardian of such minor children
shall, in conjunction with such of the children, if any, as may be of
full age, upon being duly authorized by the orphans^ or other court
having probate jurisdiction, have power to sell and dispose of such
certificate or warrant for the benefit of those interested. * * *
Provided^ further^ That every such non-commissioned officer, musi-
cian, and private, who may be entitled, under the provisions of this
act, to receive a certificate or warrant for one hundred and sixty acres
of land, shall be allowed the option to receive such certificate or war.
rant, or a Treasury scrip for one hundred dollars j and such scrip, when-
ever it is preferred, shall be issued by the Secretary of the Treasury to
such person or persons as would be authorized to receive such certifi-
cates or warrants for lands ; said scrip to bear an interest of six per
cent, per annum, payable semi-annually, redeemable at the pleasure of

124 PENSION LAWS, DECISIONS, &C.

BOUNTY LAND— Continued.

the Government. And that each private, non-commissioned officer, and
musician, who shall have been received into the service of the United
States since the commencement of the war with Mexico, for less than
twelve months, and shall have served for such term or until honorably
discharged, shall be entitled to receive a warrant for forty acres of land,
which may be subject to private entry, or twenty-five dollars in scrip if
preferred, and in the event of the death of such volunteer during his
term of service, or after an honorable discharge, but before the passage
of this act, then the warrant for such land or scrip shall issue to the
wife, child, or children, if there be any, and if none, then to the father,
and if there be no father, then to the mother of such deceased volunteer.

Vol. 9, p. 126, statutes at Large.

Act of Congress approved May 27, 1848, amending act of February 11,

1847.

[Note.— /See note folloiving sec. 2418, B. S., poaf]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the term "rela-
tives," as used in the ninth section of the act entitled "An act to raise,
for a limited time, an additional military force, and for other purposes,"
approved eleventh February, eighteen hundred and forty-seven, shall
be considered as extending to the brothers and sisters of those persons
whose services, under that act, may have entitled them to the land
therein provided : The order or priority of right, however, shall remain
as declared in that act ; and those failing, the right shall accrue, fourthly,
to the brother or sister, or in equal proportions to the brothers and sis-
ters of the deceased, as the case may be.

Sec. 2. And be it further enacted, That the benefits of the said act
of eleventh February, eighteen hundred and forty-seven, shall not be
construed as forfeited by the privates and non-commissioned officers
who have been or may be promoted to the grade of commissioned officer
during their service in Mexico, and who shall have subsequently ful-
filled the condition of their engagements : Provided, Such promotion shall
have been made subsequent to the original organization of the company,
corps, or regiment to which such privates and non-commissioned oflicers
may have belonged.

Vol. 9, p. 232, Statute8 at Large.

Act of Congress approved July 10, 1848.

[Note. — Not re-enacted in the lievised Statuien. ]

Sec. 2. And be it further enacted. That those enlisted men of the Ord-
nance Department who have served, or may serve, in Mexico during the
war with that country, shall be entitled to, and shall receive, the same
bounty in land as is or may be allowed by law to other regular troops

PENSION LAWS, DECISIONS, fcf. 125

BOUNTY LAND— Continued.

in the service of the United States, and under like limitations and re-
strictions.

Vol. 9, p. 246, statutes at Large.

Act of Congress approved August 10, 1848.

[Note. — Not re-enacted in the Revised Statutes. ]

Resolved by the Senate and Rouse of Bepresentatives of the United States
of America in Congress assembled^ That the officers, non-commissioned
officers, privates, and musicians, of the Marine Corps, who have served
with the Army in the war with Mexico, and also the artificers and la-
borers of the Ordnance Corps serving in said war, be placed, in all re-
spects as to bounty land and other remuneration, in addition to ordinary
pay, on a footing with the officers, non-commissioned officers, privates,
and musicians of the Army : Provided^ That this remuneration shall be
in lieu of prize money and all other extra allowances.

Vol. 9, p. 340, statutes at Large.

Section 2418, Revised Statutes.

Each of the surviving, or the widow or minor children of deceased,
commissioned and non-commissioned officers, musicians, or privates,
whether of regulars, volunteers, rangers, or militia, who performed
military service in any regiment, company, or detachment in the serv-
ice of the United States in the war with Great Britain, declared on the
eighteenth day of June, eighteen hundred and twelve, or in any of the
Indian wars since seventeen hundred and ninety, and prior to .the third
of March, eighteen hundred and fifty, and each of the commissioned
officers who was engaged in the military service of the United States
in the war with Mexico, shall be entitled to lands as follows : Those
who engaged to serve twelve months or during the war, and actually
served nine months, shall receive one hundred and sixty acres, and
those who engaged to serve six months, and actually served four months,
shall receive eighty acres, and those who engaged to serve for any or
an indefinite period, and actually served one month, shall receive forty
acres: but wherever any officer or soldier was honorably discharged in
consequence of disability contracted in the service before the expiration
of his period of service, he shall receive the amount to which he would
have been entitled if he had served the full period for which he had
engaged to serve. All the persons enumerated in this section who en-
listed in the Eegular Army, or were mustered in any volunteer com-
pany for a period of not less than twelve months, and who served in
the war with Mexico and received an honorable discharge, or who were
killed or died of wounds received or sickness incurred in the course of
such service, or were discharged before the expiration of the term of
service jn consequence of wounds received or sickness incurred in the
course of such service, shall be entitled to receive a certificate or war-

126 PENSION LAWS, DECISIONS, &C.

BOUNTY LAND— Continued. •

raDt for one bundred and sixty acres of laud ; or, at option, Treasury
scrip for one hundred dollars, bearing interest at six per cent, per an-
num, payable semi annually, at the pleasure of the Government. In
the event of the death of any one of the persons mentioned in this sec-
tion during service, or after his discharge, and before the issuing of a
certificate or warrant, the warrant or scrip shall be issued in favor of
his family or relatives ; first, to the widow and his children ; second,
his father 5 third, his mother 5 fourth, his brothers and sisters.

28 Sept., 1850, c. 85, 8. l,v. 9, p. 520; 11 Feb., 1847, c. 8,8. 9, v. 9, pp. 125,126; 1812 war; Regular
Army, 8ee act 24 Dec, 1811, sec. 2; see act 11 Jan., 1812, sec. 12; see act 20 Jan., 1813, sec
4; volunteers, see act 6 Feb., 1812, sec. 6; Regular Array double bounty, see act 10 Dec,
1814, sees. 2 and 4 ; see act 16 Apr., 1816, sec. 3 ; see act 27 May, 1848, sec. 2 ; for end of Mex.
ican war, see res. 16 June, 1848 ; discbarge for disability, see res. 24 Mar., 1848 ; for brothers
and sisters, see act 27 May, 1848, sec. 1.

[Note. — It is supposed that the preceding section was intended to embody the provisions of the
bounty-land acts of February 11, 1847, and September 28, 1850. The former act us amended
granted bonnty-land to the enlisted men of the Mexican war, their widows and children,
fathers, mothers, brothers and sisters. The latter act made similar grants to the commis-
sioned officers of that war, and to the officers and enlisted men of other wars from 1790 to
the date of the act and to the widows and minor children of such officers and eulisled men.
In the attempt to combine these two acts in section 2418 above, and by the peculiar con-
struction of that section, those who were actually provided for in the act of 1847, viz, the
enlisted men and their heirs, were entirely omitted, while on the other hand the benetits of
the act of 1850 were extended to a class of heirs, to wit, fathers, mothers, brothers and sis-
ters, who were not previously provided for in that act or in any other bounty-land law,
except the act of 1847 and amendment. The question raised by these diversities in the law
has, however, been settled by the Department. It is held: 1. That the provisions of the
act of 1847 are kept in force by section 5597, Revised Statutes, notwithstanding the provis-
ions of repeal contained in section 5596, Revised Statutes; and 2, that the new law incorpor-
ated in section 2418, must be given its full force and intent. See Paragraphs 15 Dkcisiox (3)
AND 47 Decision (4) this Title.]

Section 2419, Revised Statutes.

[Note. — See note following section 2418, R. S., ante.'\

The persons enumerated in the preceding section received into service
after the commencement of the war with Mexico, for less than twelve
months, and who served such term, or were honorably discharged, are
entitled to receive a certificate or warrant for forty acres, or scri]) for
twenty-five dollars, if preferred ; and in the event of the death of such
person during service, or after honorable discharge before the eleventh
of February, eighteen hundred and forty seven, the warrant or scrip
shall issue to the wife, child, or children, if there be any, and, if none,
to the father, and if no father, to the mother of such soldier.

11 Feb., 1847, c. 8, s. 9, v. 9, p. 126.

See Parageaph 101 this Title.

Section 2420, Revised Statutes.

Where the militia, or volunteers, or State troops of any State or Ter-
ritory, subsequent to the eighteenth day of June, eighteen hundred and
twelve, and prior to March twenty-second, eighteen hundred and fifty-
two, were called into service, the oflicers and soldiers thereof shall be

PENSION LAWS, DECISIONS, &C. 127

BOUNTY LAND— Continued.

entitled to all the benefits of section two thousand four hundred and
eighteen upon proof of length of service as therein required.

22 Mar., 1S52, c. 19,. s. 4, v. 10, p. 4.

Section 2421, Eevised Statutes.

Ko person shall take any benefit under the provisions of the three
preceding sections if he has received, or is entitled to receive, any mili-
tarj^ land bounty under any act of Congress passed prior to the twenty-
second March, eighteen hundred and fifty-two.

28 Sept., 1850, c. 85, s. 1, v. 9, p. 520 ; 22 Mar., 1852, sec. 4, proviso.

Section 2424, Revised Statutes.

In the event of the death of any person for whom provision is made
by sections twenty-four hundred and eighteen and twenty- four hundred
and twenty, and who did not receive bounty-land for his services, a
like warrant shall issue in favor of his widow, who shall be entitled to
one hundred and sixty acres of land in case her husband was killed in
battle ; nor shall a subsequent marriage impair the right of any widow
to such warrant, if she be a widow at the .time of making her applica-
tion.

28 Sept. 1850, c. 85, s. 3, v. 9, p. 520.

Section 2425, Revised Statutes.

Each of the surviving persons specified in the classes enumerated in
the following section, who has served for a period of not less than four-
teen days in any of the wars in which the United States have been en-
gaged since the year seventeen hundred and ninety and prior to the
third day of March, eighteen hundred and fifty- five, shall be entitled to
receive a warrant from the Department of the Interior for one hundred
and sixty acres of land ; and, where any person so entitled has, prior to
the third day of march, eighteen hundred and fifty-fiv^e, received a war-
rant for any number of acres less than one hundred and sixty, he shall
be allowed a warrant for such quantity of land only as will make, in
the whole, with what he may have received prior to that date, one hun-
dred and sixty acres.

3 Mar., 1855. c. 207, ss. 1, 3, v. 10, pp. 701, 702.

Section 2426, Revised Statutes.

The classes of persons embraced as beneficiaries under the preceding
section are as follows, namely :

First. Commissioned and non-commissioned officers, musicians, and
privates, whether of the regulars, volunteers, rangers, or militia, who
were regularly mustered into the service of the United States.

Second. Commissioned and riOu-commissioned officers, seamen, ordi-
nary seamen, flotilla-men, marines, clerks, and hindsraen in the Navy,

128 PENSION LAWS, DECISIONS, &C.

BOUNTY LAND— Continued.

Third. Militia, volunteers, and State troops of any State or Territory,
called into military service and regularly mustered therein, and whose
services have been paid by the United States.

Fourth. Wagon-masters and teamsters who have been employed under
the direction of competent authority, in time of war, in the transporta-
tion of military stores and supplies.

Fifth. Officers and soldiers of the Kevolutionary war, and marines,
seamen, and other persons in the naval service of the United States
during the war.

Sixth. Chaplains w^ho served with the Army.

Seventh. Volunteers who served with the armed forces of the United
States in any of the wars mentioned, subject to military orders, whether
regularly mustered into the service of the United States or not.

3 Mar., 1855, c. 207, ss. 1, 8, 10, v. 10, p. 701 ; 14 May, 1856, c. 26, ss. 4, 5, v. 11, pp. 8, 9 ; 3 Mar., 1855, s.
1 ; 3 Mar., 1855, s. 1, 2d proviso ; 3 Mar., 1855, 8. 8 ; 14 May, 1856, s. 4 ; 3 Mar. 1855, s. 10; 14
May, 1856, 8. 5.

Section 2427, Revised Statutes.

The following class of persons are included as beneficiaries under
section twenty-four hundred and twenty-five, without regard to the
length of service rendered :

First. Any of the classes of persons mentioned in section twenty-four
hundred and twenty-six who have been actually engaged in any battle
in any of the wars in which this country has been engaged since seventeen
hundred and ninety, and prior to March third, eighteen hundred and
fifty-five.

Second. Those volunteers who served at the invasion of Plattsburgh,
in September, eighteen hundred and fourteen.

Third. The volunteers who served at the battle of King's Mountain
in the Revolutionary war.

Fourth. The volunteers who served at the battle of Nickojack against
the confederate savages of the south.

Fifth. The volunteers who served at the attack on Lewistown, in
Delaware, by the British fleet, in the war of eighteen hundred and
twelve.

3 Mar. 1855, c. 207, ss. 3, 9, 11, v. 10, p. 702: 3 Mar. 1855, s. 9 ; 3 Mar 1855, 8. 11.

Section 2428, Revised Statutes.

In the event of the death of any person who would be entitled to a
warrant, as provided in section twenty-four hundred and twenty- five,
leaving a widow, or, if no widow, a minor child, such widow or such
minor child shall receive a warrant for the same quantity of land that
the decedent would bo entitled to receive if living on the third day of
March, eighteen hundred and fifty-five.

3 March, 1855, c. 207, s. 2, v. 10, j). 702 ; also 14 May, 1856, sec. 6.

PENSION LAWS, DECISIONS, &.C. 129

BOUNTY LAND— Continued.

116. TITLE. SUCCESSION TO,

See PARAaRAPHS 111 and 137 this Title.

117. TITLE TO WARRANTS.

See Paragraphs 111, 137, and 138 this Title.

118. TOLEDO WAR.

See Paragraph 60 this Title.

119. TRADERS.

See Paragraph 24 this Title.

120. UTAH INDIAN WAR.

See Paragraph 60 this Title.

121. VIRGINIA STATE WARRANTS, WAR OP THE REVOLUTION.

[Note.— The State of Virginia made extensive grants of bounty in
land to her officers and soldiers who served in the war of the Ee volu-
tion. Upon the transfer by that State of her Northwestern Territory
to the United States, the General Government assumed the obligations
of the State to said officers and soldiers, and made provision for the
locating and patenting of the warrants issued to them by the State.
None of this class of claims have been settled in the Pension Office.
All the records in regard to them which are in the possession of the
General Government are to be found in the General Land Office, Inte-
rior Department.]

122. VOLUNTEERS.

See Paragraph 75 this Title.

123. WAGON MASTERS.

See Paragraph 24 this Title.

124. WAR.

See Paragraphs 60, 74, and 98 this Title, and Title Wars
AND Local Disturbances, &c.

125. WARRANTS, ASSIGNMENT OP.

See Paragraph 9 this Title.

126. WARRANTS, CANCELLATION, ERASURE, OR DESTRUCTION OP.
DECISIOXS OF THE SECRETARY OF THE INTERIOR-

(I) Erasures and rewriting noted as having occurred before issuing a
warraut do not vitiate it.

Stuart A. H. H., Secretary. May 20, 1851. M. aud M., p. 570. (No claim.)

701S PEN 3

130 PENSION LAWS, DECISIONS, &C.

BOUNTY LAND— Continued.

{2) A warrant canceled for a fraudulent assignment by a person rep-
resenting himself lo be tlie warrantee cannot be reinstated.

McClelland, R., Secretary. Jan. 3, 1854. B. L. Wt. Xo. 70,757-100-1847. Swartwoit, John H-

O. W. and N. Vol. 4, pp. 67, G8.
SeeB. L. Wt. No. 65,525-160-1847. Nippers, Joseph, in which case the allcfied warrantee had

died prior to a forged assignment of the warrant, and iu fact prior to the date when the

application purported to have been made.

(3) The cancelation or destruction of a warrant cannot defeat or
destroy the right which a party may have under the laws granting
bounty-land.

Browning, O. H., Secretary. May 16, 1867. B. L. Wt. No. 17,906-160-1855. Grinnell, Hannah,
widow of Grinnell, Royal. Vol. 6, p. 268.

(4) I. Cancellation of bounty-land warrant, by the Commissioner of
Pensions, in the hands of an innocent assignee, unwarranted.

II. The Commissioner of Pensions has no power to determine who are
innocent purchasers or bona-fide assignees of land warrants.

III. Caveats filed by the Commissioner of Pensions are of no force or
effect in cases in which the Land Office determines that the land war-
rants are in the hands of innocent purchasers.

IV. Land warrants withdrawn from the General Land Office should
be returned to the Commissioner of said office for his files, with a state-
ment of facts touching the validity of their issue.

y. Examination of military land warrants on file in the General
Land Office should be made by the subordinates of the Pension Office.

VI. In all cases of land warrants where the records or files of the
Pension Office show fraud, the fact should be communicated to the Gen-
eral Land Office.

Kirkwood, S. J., Secretary. July 23, 1881. B. L. Wt. No. 48,552-80-1850. Foster, Isaac. Vol.
8, p. 367.

127. "WARRANTS, DELIVERY OP.
DECISION OF THE SECRETARY OF THE INTERIOR.

(1) Warrants should not be delivered to attorneys, agents, or other
persons without written assent of claimant.

Instructions : Delano, C, Secretary. May 30, 1875. O. W. and N. Vol. 3, p. 7.

See (4) Paragraph 129 this Title.

128. WARRANTS, DOUBLE.

See Paragraph 39 this Title.

129. WARRANTS. DUPLICATE OP.

. Section 2441, Revised Statutes.

Whenever it appears that any certificate or warrant, issued in pursu-
ance of any law granting bounty-land, has been lost or destroyed,
whether the same has been sold and assigned by the warrantee or not,
the Secretary of the Interior is required to cause a new certificate or

PENSION LAWS, DECISIONS, &,C. 131

BOUNTY LAND—Continued.

warrant of like tenor to be issued in lieu thereof 5 which new certificate
or warrant may be assigned, located, and patented in like manner as
other certificates or warrants for bounty -land are now autborized by law
to be assigned, located, and patented ; and in all cases where warrants
have been, or may be, reissued, the original warrant, in whose-ever
hands it may be, shall be deemed and held to be null and void, and the
assignment thereof, if any there be, fraudulent j and no patent shall
ever issue for any land located therewith, unless such presumption of
fraud in the assignment be removed by due proof that the same was ex-
ecuted by the warrantee in good faith and for a valuable consideration.

23 June, 1860, c. 203, s. 1, v. 12, p. 90.

Section 2442, Hevised Statutes.

The Secretary of the Interior is required to prescribe such regulations
for carrying the preceding section into-effect as he may deem necessary
and proper, in order to protect the Government against imposition and
fraud by persons claiming the benefit thereof 5 and all laws and parts
of laws for the punishment of frauds against the United States are made
applicable to frauds under that section.

23 June, 1860, c. 203, s. 2, v. 12, p. 91.

{For other laws see Faragrajph 115 this Title.)

DECISIONS OF THE SECRETARY OF THE INTERIOR.

(1) When a bounty-land warrant forwarded to the claimant by mail or
otherwise is lost, after due publication of the loss, application for a re-
issue, and the filing of a caveat against the issue of a i^atent, the party
entitled should receive a duplicate without being compelled to prove the
loss or destruction of a warrant that he never saw or at any time cou-

• trolled.

E wing, T., Secretary. Feb. 25, 1850. B.L.Wt. No. 62,444-160— 1847. Morgan, M. H. M. and

M., p. 544.
[See next decision.]

(2) When the party sending, the party to whom the warrants were
sent, and the postmaster have made oath to the sending and non-receipt,
a duplicate warrant should be issued, such evidence being preserved in
the Pension and General Land Offices as will prevent the imi)roper use
of the originals.

E-wing, T., Secretary. March 29, 1850. B. L. Wt. Xo. 44,197-160—1847. Young, James C. M.
and M., p. 551.

(3) A duplicate warrant should be in favor of the party to whom the
original was issued, and be delivered to the legally accredited assignee.

Ewing, T., Secretary. March 23, 1850. M. and M., p. 549. (No claim.)

(4) Duplicates may be issued, if evidence of loss is satisfactory, and
delivered to the person entitled to the possession of the originals. Th^

132 PENSION LAWS, DECISIONS, &.C.

BOUNTY LAND— Continued.

traDsfer of title when the assignment is lost must be settled in a court
of justice.

Ewing, T., Secretary. April 16, 1850. B.L. Wt. No. 27,804-100—1847. Webb, Robert F. M. and
M., p. 552.

(5) A duplicate should not be issued where the original is knowu to
be in existence and claimed adversely by a party other than the appli-
cant for reissue. When an application for duplicate is made by an
assignee, he must prove that at the time of the loss or destruction of
the warrant, the complete legal title thereto vested in him.

Thompson, J., Secretary. Sept. 12, 1860. (No claim.) O. W. and N. Vol. 4, pp. 103, 106.
[Note. — Prior to August 27, 1861, land warrants might be assigned in blank, and in .such foiHi

pass from hand to hand ; and all so assigned prior to that date are still recognized as valid.

But after that date it was required to give legal force and effect to an assignment that the

name of the assignee should be filled in.
See circular of the General Land Office, August 27, 1861 ; also circular issued July 20, 1875. This

viewof the case is not fully sustained by the honorable Secretary of the Interior in a decision

of later date, who declares that it is the practice to still recognize assignments made iu

blank.
TeUer, H. M., Secretary. April 24, 1883. B.L.Wt. No. 109,966-160—1855, Little, Mary E., widow

ofEobert. O.W.audN. Vol. 3, p. 170.
The authorities of the General Land Office, however, still hold (1885) to the practice indicated iu

the circulars referred to above.]

(6) Duplicates of pension certificates or boufttyland warrants may
issue, if the originals be lost, canceled, or destroyed.

Browning, O. H., Secretary. Teh. 14, 1867. Hitchcock, George A. (No claim.) Vol. 2, p. 190.

(7) In any case in which it shall be proved to the satisfaction of the
Commissioner of Pensions that bounty-land warrant has been lost, ex-
cept lost in General Land Office, duplicate may issue.

Schurz, C, Secretary. Oct. 25, 1877. B. L. Wt. No. 44,420-80— 1850. Dix, Thomas. Vol. 5, p. 254.
ISee next decision.]

(8) In applying for duplicate, where the original warrant was lost in
the General Land Office, publication of the loss of the warrant need not
be made.

Schurz, C, Secretary. Feb. 28, 1880. B. L. Wt. No, 93,148-120—1855. Keity, Elizabeth. O. W
andN. Vol. 2, p. 250.

(9) Triplicate warrants may be issued.

Schurz, C, Secretary. July 26, 1879. B. L. Wt. No. 37,395-80—1855, Kinsolver, Gharles. Vol.
6, p. 414.

(10) Where it satisfactorily appears that more than twenty-nine years
have elapsed since the issue of the original warrant, which is claimed
to have been lost: Seld, that the fact justifies the issue of a duplicate
warrant, a caveat having been filed against issuing patent on the orig-
inal warrant.

Schnrz, C, Secretary, ouly 28, 1880. B. L. Wt. No, 8,441-160—1850. Ray, Sarah Ann, widow of

William. Vol. 7, p. 446.
Schurz, C, Secretary. June 17, 1879. B. L. Wt. No. 3,103-160—1847. Anderson, James W. O.

W. and N. Vol. 2, p. 124. Also, in same case by same Secretary. July 28, 1879. O, W. and

N. Vol. 2, p. 178,

133
BOUNTY LAND— Continued.

RULING OF THE COMMISSIONER OF PENSIONS.

EuLiNa 2^0. 120. July 15, 1885.

The lapse of thirteen years after the alleged loss of a bounty-land
warrant without its presentation to the General Land Office or any of
its agencies, the loss having been published, in accordance with law,
more than one and a half years before application for a reissue, justi-
fies the office in presuming that the warrant is not in the hands of an
innocent purchaser, and in issuing a duplicate of the warrant, upon til-
ing a caveat in the General Land Office.

B. L. Wt. No. 95,734-120-1855. Ives, Henry C.

JSee Paragraphs 51, 88, 135, and 138 this Title.

130. WARRANTS, FORGERY, &c., OP.

See Paragraphs 50 this Title.

131. WARRANTS, FRAUD OR ERROR IN OBTAINING.
DECISIONS OF THE SECRETARY OF THE INTERIOR.

(1) A warrant fraudulently obtained should not prejudice the claim
of a person legally entitled.

Ewing, T., Secretary. May 16, 1849. B. L. Wt. No. 58,061-160-1847. Ambrose, Robert, beir at
law of Ambrose, Philip S. M. and M., p. 538.

(2) A warrant fraudulently procured or issued by mistake does not
invalidate the claim of the rightful claimant.

Ewing, T., Secretary. Marcb IC, 1850. B. L. Wt. No. 68,599-160-1847. Reddings, Joseph, heirs
of. M. and M. p. 548.

(3) When a warrant has been issued to the wrong person on false
testimony, the party rightfully entitled does not lose his right thereby.

Stuart, A. H.H., Secretary. Nov. 21, 1850. B. L. Wt. No. 16,363-160-1847. Kraft, William H.
O.W.andN. Vol.4, p. 38. See also opinion of Attorney-General Taney, March 19, 1832, De-
cisions of Attorneys-General, vol. 2, p. 501.

(4) A warrant issued to widow who applied under the belief that her
husband was dead cannot be regarded as a satisfaction of his claim
should it be shown that he is alive.

Cowen, B. R., Acting Secretary, June 12, 1875. B. L. Wt. No. 114,232-160-1855. Giffoid, Henry.
Vol. 5, p. 70. V

(5) The Department must have positive proof that the original war-
rant was obtained through fraud before issuing a second warrant.

[Note,— Except duplicates of lost or destroyed warrants.]

Schurz, C, Secretary. Aug. 28, 1878. B. L. Wt. No. 92,651-120-1855. Chambers, William. 0.
W.andN. VoL2,p.4.

134 PENSION LAWS, DECISIONS, &C.

BOUNTY lAND— Continued.

132. WARRANTS, INNOCENT PURCHASER OF.

{For law see paragraph 9 this Title.)

DECISIONS OF THE SECRETARY OF THE INTERIOR AND OPINION OF

ATTORNEY - GENERAL, .

. (1) The Government Las the right to cancel a warrant after it haa
passed into the hands of an innocent purchaser.

Ewing, T., Secretary. May 15, 1850. B. L. Wt. Xo. 15,886-160-1847. Doyle, Samuel B. 0.

W. and N. Vol. 4, p. 23.
[Note. — Based upon decision of Attorney-General Wirt, that a warrant obtained by fraud should

be canceled without rendering it illegible and should be returned to the party presenting it

to obtain redress in court of justice. Wirt, William, Attorney-General. Dec. 26, 1819. M.

and M., p. 343.]
[Reversed. See next two decisions,]

(2) Bounty-land warrants, regularly issued, though they may have
been procured by fraud, or issued on insufficient evidence, are valid
against the Government in the hands of innocent holders without no-
tice of the fraud.

Stuart, A. H. H., Secretary. Nov. 10, 1851. M. and M., p. 572. (No claim.)

(3) An innocent purchaser of a canceled bounty-land warrant is en-
titled to a new one.

Usher, J. P., Secretary. Dec. 13, 1864. B. L. Wt. No. 90,689-160-1855. Pereux, Claude. Vol.
2, p. 178.

(4) A warrant fraudulently obtained in the name of a person deceased,
without heirs or minors, or of a fictitious person, is a nullity, and can-
not be lawfully assigned, and may be rejected or canceled by the Com-
missioner of the General Land Office 5 but a warrant having been is-
sued to a person capable of assigning, even though fraud and irregularity
be used in securing the same, the title of a person innocently pur-
chasing it is not affected by such irregularity of fraud, and the Gov-
ernment cannot cancel the warrant by reason of such fraud.

Gushing, C., Attorney- General. March 15, 1856. Opinions of Attorneys-General, vol. 7, pp.
65, 67. See also Schurz, C., Secretary. July 23, 1878. B. L. Wt. No. 11, 369-80-1855. Love,
Samuel. Vol. 6, p. 39.

See Paragraphs 126 and 129 this Title.

133. VrARRANTS, ISSUE OF.

Section 2423, Bevised Statutes.

Every person for whom provision is made by sections twenty four
hundred and eighteen and twenty-four hundred and twenty, shall re-
ceive a warrant from the Department of the Interior for the quantity of
land to which he is entitled, and upon the return of such warrant, with
evidence of the location thereof having been legally made, to the Gen-
eral Land Office a patent shall be issued therefor.

28 Sept., 1850, c. 85, s. 3, v. 9, p. 520. See ordinance 20 May, 1785. See act 15 April, 1806, eecs. 1
and 2, and numerous continuing acts. See act 6 May, 1812, sec. 3.

See FOR FURTHER LAW PARAGRAPH 115 THIS TiTLB,

PENSION LAWS, DECISIONS, &C. 135

BOUNTY LAND— Continued.

134. WARRANTS, LOCATION OP.

See Paragraph 68 this Title.

135. WARRANTS, ONLY ONE FOR SAME SERVICE OR TO SAME

PERSON.

Section 2421, Revised Statutes.

No person shall take aoy benefit' under the provisions of the three
preceding sections if he has received, or is entitled to receive, any mili-
tary land bounty under any act of Congress passed prior to the twenty-
second of March, eighteen hundred and fifty-two.

28 Sept., 1850, c. 85, s. 1, v. 9, p. 520. Also 22 March, 1852, s. 4, proviso.

[Note. — This provision of law relates only to persons provided for in sections 2418, 2419, and 2420,
R. S.]

DECISIONS OF THE SECRETARY OF THE INTERIOR.

(1) No person is entitled to more than one land warrant, though he
may have performed service which, if rendered by several different in-
dividuals, would have entitled each to a warrant.

Stuart, A. H. H., Secretary. Oct. 11, 1850. (No claim.) O. "W. and N. Vol. 4, pp. 33, 34.
[See note to (4) this paragraph].

(2) Different terms of service by the same individual are to be con-
solidated, and one warrant for 40, 80, or l(iO acres issued for the aggre-
gate.

Stuart, A. H. H., Secretary. Jan. 22, 1851. (No claim). M. and M., pp. 565, 566.
[See note to (4) of this paragraph,]

(3) The widow who was the wife successively of two men whose serv-
ice entitles them to bounty-land, is entitled to only one warrant for
IGO acres.

McClelland, R., Secretary. Jan. 4, 1856. B, L. Wt. No. 8, 420-160-1855. Woolworth, Marga-
ret, widovr of Alexander. O. W. and N. Vol. 4, p. 77.

(4) Two warrants may be issued to one i)er8on for two separate pe-
riods of service in the Mexican War.

Schnrz, C, Secretary. July 25, 1879, B. L. "Wt. No. 3,103-160-1847. Anderson, James W.
Vol. 0, p. 412.

[Note.— If an enlisted man or his heirs had obtained a land warrant under the act of 1850 or 1855,
for service other than in war of 1812 or Mexican war, they Avould be entitled to an addi-
tional wan ant under the act of Jan. 11, 1812 or Feb. 11, 1847, for enlistment and service un-
der provisions of said acts. See paragraph 1 this title.]

RULING OF THE COMMISSIONER OF PENSIONS.

EuLiNG.— J^w??e 16, 1881.
A widow of two soldiers, the second of whom had himself obtained a
warrant, is entitled to a warrant for service of first husband.

B. L. Wt. No. 114,653-160-1855, Fisher, Susan, widow of McGraw, Hugh. O. W. and N. Vol, 3,

p. 13.
See note to (4) of this paragraph.

136 PENSION LAWS, DECISIONS, &C.

BOUNTY LAND— Continued.

136. -WARRANTS, SALES, &c., OF.

Section 2436, Eevised Statutes.

All sales, mortgages, letters of attorney, or other instruments of writ-
ing, going to affect the title or claim to any warrant issued, or to be is-
sued, or any land granted, or to be granted, under the preceding pro-
visions of this chapter, made or executed prior to the issue of such
warrant, shall be null and void to all intents and purposes whatsoever;
nor shall such warrant, or the land obtained thereby, be in anywise
affected by, or charged witli, or subject to, the payment of any debt or
claim incurred by any officer or soldier prior to the issuing of the pat-
ent.

28 Sept., 1850, c. 85, 8.4, v. 9, p. 521; also, 11 Feb., 1847, sec. 9; see ordinanoo 20 May. 1785; see
act 20 Apr,, 1806, sees. 1, 2, and various contiuuing acts ; see act 6 May, 1812, sec. 4.

(For further laws^ see paragraph 50 this Title.)

137. WARRANTS, SUCCESSION OF TITLE TO,

Section 2444, Revised Statutes.

When proof has been or hereafter is filed in the Pension Office dur-
ing the lifetime of a claimant, establishing, to the satisfaction of that
oflSce, his right to a warrant for military services, and such warrant lias
not been, or may not be, issued until after the death of the claimant,
and all such warrants as have been heretofore issued subsequent to the
death of the claimant, the title to such warrants shall vest in his widow,
if there be one, and if there be no widow, then in the heirs or legatees
of the claimant ; and all military bounty -land warrants issued pursuant
to law shall be treated as personal chattels, and may be conveyed by
assignment of such widow, heirs, or legatees, or by the legal represen-
tatives of the deceased claimant, for the use of such heirs or legatees
only. .

3 June, 1858, c. 84, 8. 1, v. 11, p. 308 ; see 11 Feb., 1847, sec, 9 ; see 28 Sept., 1850, sec. 3.

Section 2445, Eevised Statutes.

The legal representatives of a deceased claimant for a bounty-land
warrant, whose claim was filed prior to his death, may file the proofs
necessary to perfect such claim.

3 Mar., 1869, c. 138, v. 15, p. 336.

/^ee Paragraph 111 this Title.

DECISIONS OF ATTORNEY-GENERAL AND SECRETARY OF THE IN-
TERIOR.

(1) Where a person entitled to bounty-land died before he received
it, leaving two lieirs at law, and a will devising certain other of his
real and personal estate to one to be in full for all interest in his estate:
Eeld., that the other takes the bounty-land by implication.

[Note.— Obsolete. See section 2444, R. S. ; also, see (4) this paragraph.]

Taney, R. li., Attorney-General. Oct. 25, 1832. Decisions of Attornoya-General, vol. 2, p. 535.
2fL and M., p. 383.

PENSION LAWS, DECISIONS, &C. 137

BOUNTY LAND— Continued.

(2) Title to bounty-land of a soldier dying intestate reverts, after the
death of the widow, to the heirs at law of the soldier, and not to those
of the widow, except there were none in the paternal line.

[XoTE.— See section 2444, 11. S. ; also see (4) this paragraph.]

Taney, E. B., Attorney-General. Sept. 5, 1833. Decisions of Attorneys-General, toI. 2, p. 579.
M. and M. p. 390.

(3) A warrant issued to one person during his life cannot, after his
death, be recalled and a warrant issued to the person who would have
acquired title by the death of the other before the issue of the warrant;
but the warrant becomes the proper subject of judicial decision.

Ewing, T., Secretary. June 3, 1850. (No claim.) O. W. and N. Vol. 4, p. 25.

(4) Title to bounty-land is not devisable under act of February 11,
1847 [section 2418, R. S.], but must be issued according to the rules of
priority prescribed by said act.

Johnson, Eeverdy, Attorney-General. June 28, 1850. (No claim.) O. W. and N. Vol. 5, p.
237. M. and M., p. 500.

(5) Under the act of June 13, 1858 [section 2444, R. S.], a warrant is-
sued after the death of a soldier, no widow surviving, becomes vested
in the heirs general.

Thompson, J., Secretary. Mar. 24, 1859. B. L. Wt. No. 70,278-160-1855. Stileg, Jacob. O. W.
and N. Vol. 4, pp. 90, 91.

(6) A warrant is void if issued after death of claimant.

[See section 2444, R. S.J

Delano, C, Secretary. Deo. 11, 1874. B. L. Wt. No. 1 10,846-160-1855. Laws, Panser. Vol.4

p. 412.
See Instructions: Stuart, A. H. H., Secretary. Deo. 26, 1851. O, W. and N. Vol. 4, p. 53.

138. WARRANTS, TITLE TO SATISFIED, AND RIGHT TO REISSUE

LOST.

»ECISIO]SrS OF THE SECBETARX OF THE INTERIOR.

(1) A warrant having been issued to the soldier in his lifetime, the
fact of his having been subsequently defrauded of the warrant gives the
widow no claim to a second warrant.

Ewing, T., Secretary. March 14, 1850. B. L. Wt. No. 23,283-160-1847. Volk, Edward. O. W.
and N. Vol. 4, p. 15;

(2) After the issue of a patent the Government has no further control
or responsibility in the matter, and no additional claim for bounty -land
can be considered.

Persons who have received bounty-land under any previous act are
not entitled under act of September 28, 1850. [Section 2418, E. S.]

Stuart, A. H. H., Secretary. Jan. 7, 1851. (No claim found.) O. W. and N. Vol. 4. p. 42.

(3) In the case of soldiers wlio have sold their discharges, an act
which the law declares illegal, the Department long since determined
not to interfere, but to leave the rights of the parties to be adjudicated
by the courts.

Stuart, A. H. H., Secretary. May 24, 1851. (No claim found.) 0. W. and N. Vol. 4, pp. 50, 51.

138 PENSION LAWS, DECISIONS, &C.

BOUNTY LAND— Continued.

(4) Where soldier disposed of bis discharge in violation of law, and
subsequent to his death warrant was granted, and by a fraudulent as-
signment it was sold and located and a patent was issued for the land:
Helcl^ that the application, by heir, for a new warrant should be re-
jected. Decision of the Department of April 17, 1851, adhered to — that
the subject should be left for judicial settlement ; and that the heir of
soldier cannot have a better title than the soldier himself would have if
surviving.

Schmz, C, Secretary. June 16, 1877. B.L. Wt. No. 40,743-100-1847. llynn, Bernard. Vul.
5, p. 133. and Schiirz, C, Secretary. Oct. l.'i, 1877. B. L. Wt. No. 46,229-100-1847. Glennou,
Patrick. Vol. o, p. 249.

/See Paragraph 129 this Title.

139. "WARRANTS, WITHHOLDING OP, BY ATTORNEY.

{For laws, see Title Fees of Agents and Attorneys.)

140. WARS AND LOCfii DISTURBANCES.

See Wars, Local Disturbances, etc.

141. W^IDOWS.

Section 2424, Revised Statutes.

In the event of the death of any person for whom provision is made by
sections twenty-four hundred and eighteen and twenty-four hundred
and twenty, and who did not receive bounty-land for his services, ahke
warrant shall issue in favor of his widow, who shall be entitled to one
hundred and sixty acres of land in case her husband was killed in bat-
tle ; nor shall a subsequent marriage impair the right of any widow to
such warrant, if she be a widow at the time of making her application.

28 Sept. , 1850, c. 85, s. 3, v. 9, p. 520.

Section 2428, Revised Statutes. ^

In the event of the death of any person who would bo entitled to a
warrant, as provided in section twenty-four hundred and twenty-five,
leaving a widow, or, if no widow, a minor chihl, such widow or such
minor child shall receive a warrant for the same quantity of land that
the decedent would be entitled to receive, if living on the third day of
March, eighteen hundred and fifty-five.

3 Mar., 1855, c. 207, h. 2, v. 10, p. 702 ; also, 14 May, 1856, «. 6.

Section 2429, Revised Statutes.

A subsequent marriage shall not impair the right of any widow under
the preceding section, if she be a widow at the time of her application.

3 Mar.. 1855, c. 207, 8. 2, v. 10, p. 702.

{For further laics see paragraph 115 this title; see paragraph 76 this
title.

IV PENSION LAWS, DECISIONS, &C. 139

BOUNTY LAND— Continued.

DECISIONS OF THE SECRETARY OF THE INTERIOR.

(1) Widows must have been so at the date of the passage of the act
of 1850 [Sec. 2418, E. S.] to give them title.

Stuart, A. H. H., Secretary. Oct. 29, 1850. (No claim.) M. and M., p. 563.

(2) lu the case of an imbecile widow of a soldier, where no guardian
has been appointed, the facts required to establish her claim may be
shown by the deposition of one or more credible disinterested witnesses.

Stuart, A. H. H., Secretary. Dec. 7, 1850. (No claim.) M. and M., p. 565.

(3) A woman divorced from a second husband (and not again married)
is the widow of the first Imsband, and comjjetent to apply for bounty-
land on account of his service.

McClelland, R., Secretary. Aug. 17, 1855. B.L. Wt. No. 5, 316-160-1855. Saunders, Ann, widow
of Medkiff, George. O. W. and N. Vol. 4, pp. 110, 119.

See Paragraphs 51 and (3) 135 this Title ; see Marriage, Re-
marriage, AND Widows.

142. WINNEBAGO DISTURBANCE.

See Paragraph 60 this Title.

143. WITNESSES.

See Paragraph 51 this Title, and Witnesses, Compe-
tency OF.

BURDEN OF PROOF.

decisions of the secretary of the interior.

1. In all cases of doubt proof of the fact entitling a party to the bene-
fits of the pension laws must be made. The burden of proof is upon
the claimant. When facts are established, such presumptions as are
justly inferable therefrom and founded on our experience of the connec-
tion between the fact proved and that presumed are allowable. These
inferences may be certain or probable, as in cases where such matters
are referred to the arbitrament of a jury or other triers of the fact in
issue.

Widow of Lt. Col. T. T. Vimont, 7th Ky. Cav. Hajlan, Secretary. Jan. 26, 1866. Vol. 1, p. 50.

2. In case of an accidental wound by the claimant's own gun, there
being no evidence on file to corroborate his statement as to details, it
is incumbent upon him to furnish proof to conclusively establish the
fact that the wound was received in the line of duty.

Dishing, Morris. App. No. 26,323. Schurz, C, Secretary. Jan. 27, 1880. Vol.7, p. 189.

See Line of Duty, par. 9.

140 PENSION LAWS, DECISIONS, &C.

BROTHERS AND SISTERS.

Section 4707, Revised Statutes.

If any person embraced within the provisioDS of sections forty-six
hundred and ninety-two and forty-six hundred and ninety-three lias died
since the fourth day of March, eighteen hundred and sixty-one, or shall
hereafter die, by reason of any wound, injury, casualty, or disease, which,
under the conditions and limitations of such sections, would have en-
titled him to an invalid pension, and has not left or shall not leave a
widow or legitimate child, but has left or shall leave other relative or
relatives who were dependent upon him for support in whole or in part
at the date of his death, such relative or relatives shall be entitled, in
the following order of precedence, to receive the same pension as such
person would have been entitled to had he been totally disabled, to
commence from the death of such person, namely : First, the mother ;
secondly, the father ; thirdlj^, orphan brothers and sisters under sixteen
years of age, who shall be pensioned jointly : Provided, That where or-
phan children of the same parent have different guardians, or a portion
of them only are under guardianship, the share of the joint pension
to which each ward shall be entitled shall be paid to the guardian of
such ward : Provided, That if in any case said person shall have left
father and mother who are dependent upon him, then, on the death ot
the mother, the father shall become entitled to the pension, commencing
from and after the death of the mother ; and upon the death of the
mother and father, or upon the death of the father and the remarriage
of the mother, the dependent brothers and sisters under sixteen years
of age shall jointly become entitled to such pension until they attain
the age of sixteen years, respectively, commencing from the death or
remarriage of the party who had the prior right to the pension : Pro-
vided, That a mother shall be assumed to have been dependent upon her
son within the meaning of this section if, at the date of his death, she
had no other adequate means of support than the ordinary proceeds of
her own manual labor and the contributions of said son or of any other
persons not legally bound to aid in her support ; and if, by actual con-
tributions, or in any other way, the son had recognized his obligations
to aid in support of his mother, or was by law bound to such suppoit,
and that a father or a minor brother or sister shall, in like manner and
under like conditions, be assumed to have been dependent, except that
the income which was derived or derivable from his actual or possible
manual labor shall be taken into account in estimating a fiither's means
of independent support: Provided, further. That the pension allowed to
any person on account of his or her dependence, as hereinbefore pro-
vided, shall not be paid for any period during which it shall not be nec-
essary as a means of adequate subsistence.

Seo. 13, 3 Mar., 1873 ; sees. 3, 4, 14 July, 1862; see. 12, June, 1866 ; seo. 1, 27 July, 1868.

PENSION LAWS, DECISIONS, k^. 141

BROTHERS AND SISTERS— Continued.

DECISIONS OF THE SECRETARY OF THE INTERIOR.

1. Of half blood entitled to same pension as those of full blood.

Grew, Sarah (guardian). App. No. 136,940. Cox, J. D., Secretary. Sept. 13, 1869. Vol. 2, p.
128.

2. Limitation under section 6, act of July 27, 1868, begins June 6, 1866.

Frazier, George. App. No. 148,019.. Delano, C, Secretary. May 27, 1871. Vol.1, p. 108.

3. Entitled to pension notwithstanding the alleged ability of their
stepfather to support them.

Haas, Christian. App. No. 197,759. Delano, C, Secretary. July 2, 1875. Vol. 4, p. 87.

4. Orphans entitled, if dependent, where soldier left a mother, who
had remarried prior to his death and who was not dependent upon him
for support.

See Title or Eight to Pension, par, 3.

CANCER.

See Cause of Death.

CARELESSNESS.

See Line of Duty, par, 9,

CAUSE OF DEATH.

DECISIONS OF THE SECRETARY OF THE INTERIOR.

1. Death of soldier partly due to the disability for which he was pen-
sioned, and partly to that which was contracted after service, gives no
title to the widow.

Patterson, Elizabeth. App. No. 222,406. Chandler, Z., Secretaui^. Aug. 9, 1876. Vol.4, p. 360.

See Intemperance.

2. The husband of the claimant was discharged June 18, 1863, and
"pensioned on account of chronic diarrhoea and hemorrhoids, and died
November 19, 1880, of pneumonia." His widow's claim " was rejected
on the ground that the fatal disease was not the result, direct or in-
direct, of his military service."

In deciding the case, on appeal, the following language is used, viz:
*' The officer had been a sufferer from chronic diarrhoea contracted in
the service, and was at last worn out, and in a dying condition from
said disease, and while thus afflicted, it became necessary, in conse-
quence of the disease with which he was suffering, for him to obey the
calls of nature, and in so doing he appears to have caught a cold which,

142 PENSION LAWS, DECISIONS, &C.

CAUSE OF DEATH— Continued.

with his disease, caused liis death in a Aery short time. That his death
was caused bj^ reason of tlie disease which he contracted while in the
armj' seems beyond any doubt.

'* The cokl which hecauglit while performing acts rendered necessary
by his disease only i)recipitated his death a short time, and should not
be regarded as having any important bearing on this case.

" It certainly was not wise in him to leave his bed and go out of tbe
house to the privy, but because he did so it should not be regarded as
culpable negligence on his part.

" It would be very unjust to deprive the widow or children of a sol-
dier of their right to a pension by reason of what might be termed only
an indiscretion on the soldier's part. Construing the pension laws in
the broad and liberal spirit which prompted their enactment, the De-
partment is of opinion that the officer's death was caused by reason oi
a disease which was contracted in the military service and in the line
of duty.

" You will, therefore, please adjudicate the applicant's claim upon tbe
views herein expressed."

Ellis, Isaminda. No.* 284,722. Teller, H. M., Secretary. Dec. 4, 1883. Vol. 11, p. 92.

See Pneumonia.

3. The decedent was appointed an acting master in the Navy Sep
tember 28, 1861, and died September 21, 1865, while in the service, o1
cancer of the stomach and liver. In the decision affirming the rejection
of the widow's claim, on the ground that the fatal disease was not due
to the service, the following language is used, viz :

" Cancer is a disease which is principally due to a constitutional predis
position. The presumption in most eases of cancer is that the predispo-
sition was the principal cause. The effect of the ordinary causes ol
disease to which persons in the military or naval service are exposed in
developing cancer is not very marked and cannot be determined witL
any degree of certainty. In this case the officer was not aware of tht
nature of the disease from which he suffered, and his medical attendanti;
were ignorant of it until it was revealed by the post-mortem examination
The board of naval surgeons, who inquired into the causes of the otli
cer's disease, during his life-time, stated that he himself declined to at
tribute the conditions causing the dropsy from which he suffered tc
exposure on duty in the naval service, but refers them rather to cou
tinuous residence in malarious climates before serving in the Navy at
well as since, and that they adopted this view of the case. It appears
from this that the husband of the api)licant was conscious that before
he entered the service some diseased condition had commenced whicli
caused the dropsy from which he suffered.

*' Upon examination of all the evielenca, it does not appear to the De
partmeut that it is proved that the cancer of which the husband of the

PENSION LAWS, DECISIONS, &C. 143

CAUSE OF DEATH— Continued.

applicant died was due to causes of disease to which h^ was exposed
while in the naval service."

Hof&ier, Margaret A.. No. 2,041 (Nslvj), Teller, H. M., Secretory. May 8, 1884. Vol. 11, p. 255.

4. The soldier enlisted March 4, 1865, and was discharged July 26,
1865. He made no claim for pension in his life-time, and died January
25, 1880, of cancer. In his widow's claim for pension it was claimed
that the cancer was the result of " bloody dysentery " contracted in the
service. Her claim was rejected on the ground that " his fatal disease
was not the result of chronic diarrhoea or of his military service."

In the decision reversing this action, it is stated as follows, viz :
" The evidence in the claim shows that the claimant's husband, the de-
ceased soldier, contracted chronic diarrhoea in the army, that his health
was seriously affected by said disease and its results from the date of
his discharge to the date of his death.

" The testimony of the soldier's attending physician, Dr. Eichards,
of Tomah, Wis., tends to show that his fatal disease, cancer, was due
to the diseases resulting from his military service. ♦ * *

" The evidence leaves a doubt as to where the soldier's fatal disease
came from, and a strong probability, to say the least, that Dr. Eich-
ards (the attending physician) is right in his opinion, but the doubt ex-
isting, the soldier's widow is entitled to it.

" It is more reasonable to supi^ose that the soldier's fatal disease was
connected, in some manner, with the diseases resulting from his army
service than that it was not.

'' In claims for pension, when it is shown by satisfactory evidence
that a soldier contracted disease or received injuries in the service and
liue of duty, and, by reason of said disease or injuries, his health be-
comes reduced to such a low state that he dies of a disease, the origin of
which skilled physicians are unable to determine, but which all the
facts and surrounding circumstances tend to show that the fatal disease
was due to the soldier's enfeebled condition, or else that he was unable
to resist the attack of the fatal disease in consequence of his low state
of health, resulting from the diseases which he had contracted in the
army, the claimant in such a case should not be required to furnish
that which in the nature of the case is an impossibility, and a denial of
a pension to a claimant under such circumstances would be, in the oi)in-
iou of this Department, contrary to the spirit and intent of the pension
laws."

Scberuecker, Mary. No. 265,722. Teller, H. M., Secretary. May 8, 1884. Vol. 11, p. 258.

5. Soldier enlisted July 22, 1863, and was discharged September 13,
1805. He made no claim for pension, and died Jauuary 2, 1877. In his
widow's claim it was alleged that he was killed on that day "by a tree
falling on him ; that in consequence of blindness, the result of a disease
contracted in the line of duty in the service, he could not see to get out
of the way of the falling tree."

144 PENSION LAWS, DIXJISIONS, &C.

CAUSE OF DEATH— Continued.

In deciding the case on appeal, it was held that —

" The law i^rovides a pension for a widow when her husband died by
reason of auy wound, injury, or disease contracted in the service and
line of duty. The expression ' by reason of any wound, injury, or dis-
ease,' has been construed by the Department to include certain indirect
results of such wound, injury, or disease.

" If the applicant in this case can show that her husband contracted
in the service and in the line of duty disease of the eyes which caused
such a degree of blindness that his death indirectly resulted from this
disability in the manner alleged, she will have a valid claim for pen-
sion, and the case should be opened up to allow her to present i^roof of
the facts."

Pyle, Mary J. No. 215,957. Teller, H. M., Secretary. May 20, 1884. Vol. 11, p. 265.
RULrSTGS OF THE COMMISSIOIOJR OF PENSIONS.

Ruling No. 145. November 11, 1885.
Where a soldier was pensioned from discharge for loss of his left leg
near the hip, and for total blindness, and died in 1878 of dropsy, as it
appeared from disease of liver, sui)erinduced by his forced condition of
inactivity, the Commissioner held: That the facts shown are sufficient to
give title to the soldier's widow and her claim for pension should be al-
lowed.

Widow of Michael Kessler. Inv. ctf. No. 56,508. Order Book, p. 105.

Ruling No. 146. November 12, 1885.

Soldier enlisted October 7, 1861; was discharged October 31, 1864,
and filed a claim for pension based upon chronic diarrhoea and rheuma-
tism, June 14, 1880, which was pending on the 15th day of July, 1884,
when he died of cancer of the stomach and liver. His widow filed an
application for pension on account of his death, February 7, 1885.

In considering the question of pathology involved in the widow's case.
Dr. John Campbell, Medical Referee, said, ^' If we are to recognize the
decision of the honorable Secretary of the Interior in the Schernecker
case (par. 4 this title), we must admit that this case rests upon even
better ground than that upon which that decision was based. The
origin and continuance of chronic diarrhoea are clearly shown. A claim
for pension for that disease was pending at the date of the soldier's
death, the allowance of which was apparently only prevented by that
event. Now, then, the discovery is made upon 'post mortem examina-
tion that the man had cancer of the stomach and liver, the origin of
which dates back to some point in the history of the case, which is al-
together indefinite. Suppose, then, no post mortem had been made; the
pension would have been granted without question. We have only the
opinion of Dr. Keeve that cancer existed. He does not relate any
facts nor refer to any microscopic examination which would lead to a
rational conclusion that he was correct in his opinion.

PENSION LAWS, DECISIONS, &:C. 145

CAUSE OF DEATH— Continued.

The causes of cancer are so little known that we must be content with
ascribing them to a peculiar diatliesis of which we know not the origin.
It is altogether probable that whatever irritates or inflames the stomach
may call into activity this peculiar diathesis or predivsposition. All the
necessary conditions can safely be said to exist in any case presenting
a long and continuous history of chronic diarrhoea. But precisely the
same conditions exist also in almost every case of non-malignant fibroid
thickening of the coats of the stomach. So well is this recognized that
in no case has the question of cancer been raised in this office unless
presented in a manner that might be called accidental. The existence
of a cancer located within the walls of the abdomen is not easily deter-
mined and cannot be more than guessed at during life except by micro-
scopic examination of matter vomited or dejected. After death its de-
termination is made easier by subjecting the morbid tissues themselves
to such test. Ko medical scientist will risk an unqualified diagnosis
without that test, though willing generally to give a mere opinion, as in
this case. Whatever may have been presented to the surgeon who
made the post mortem examination nothing has been given as a guide
to us except his opinion, and that in the fewest possible words. Such
an opinion if given by an examining board would not be accepted as
satisfactory. The history of the case gives not even a hint of the can-
cerous nature of the disease. The case had been adjudicated by the
office and the man was only prevented from receiving the pension
awarded by his death, and it is now proposed to withhold it from
his widow and children upon the strength of this opinion, which, if
worthy to be received as of governing force, should be supported by
such scientific data as to make the justice of the conclusion absolute.
A nodulated tumor is held to be presumptive evidence of cancer, but
no tumor of any kind is described, and we are not even told that
any existed. As to duration, nothing, can be inferred absolutely, as
authorities are not wanting to show, as in tubercular diseases, that it
may extend over a period of many years. Finally, I submit that no
proof has been presented which, medically considered, shows that claim-
ant's husband died of cancer, or upon which a rejection of the claim
can be defended."

The Commissioner held as follows:

"A question arises in this case as to the cause of the deatli of the
soldier. The evidence already in the case clearly establishes the fact
that diarrhoea originated in the service and line of duty. Further-
more, prior to the soldier's death his own claim for pension had been
briefed for admission, because of the diarrhoea. The case being referred
10 the Medical Keferee for his opinion as to whether the cancer was
caused by the diarrhoea, he has decided the question in favor of the
claimant by a course of reasoning and statement of facts satisfactory to
himself and to the Commissioner. The decision in the Schernecker case
7018 PEN 10

146 PENSION LAWS, DECISIONS, &C.

CAUSE OF DEATH— Continued.

has no refereuce made to it for aiitbority. The opinion of the Medical
Referee, subject onlj' to revision by the Commissioner, is conclusive in
matters relating to the medical status of a case. The conclusion ol
Dr. Campbell is accepted. The case, if otherwise established, will be
admitted."

Widow of Henry Weichet. App. No. 323,513. Order book, p 106.

CERTIFICATES OF DISABILITY.

DECISION OF THE SECRETARY OF THE INTERIOR.

Copies of certificates of disability cannot be furnished to attorneys
or others. This is the uniform practice of the Department.

Jamea Patten. App.Ko. 176,129. Schiirz, C, Secretary. July 3, 1880. Yol.7,p.420.

See Adverse Record.

CERTIFICATES OF EXAMINING SURGEONS.

See Examining Surg-eon's Certificates.

CERTIFICATES OF PENSION.

See Pension Certificates.

CIVIL EMPLOYES.

See Civilians in Service of a Quasi-Military Char-
acter and Service Pensions, War of 1812.

CIVIL ENGINEERS IN THE NAVY.
See Navy.

CIVIL SURGEONS.

See Civilians in Service of a Quasi-military Charac-
ter, par. 2.

CIVILIANS IN SERVICE OF A aUASI-MILITARY CHARACTER.

Section 4692, Revised Statutes.

Every person specified in the several classes enumerated in the fol
lowing section, who has been since, the fourth day of March, eifthteeii
hundred and sixty-one, or who is hereafter disabled under tlie condi-
tions therein stated, shall, upon making due proof of the fact, nccord-
ing to such forms and regulations as are or may be provided in i)ursu-
ance of law, be placed on the list of invalid pensioners of the United
States, and be entitled to receive, for a total disability, or a permanent

PENSION LAWS, DECISIONS, &C. 147

CIVILIANS IN SERVICE OF A GUASI-MILITARY CHARACTER— Cont'd.

specific disability, such pension as is hereinafter provided in such cases ;
and for an inferior disability, except in cases of permanent si)ecific dis-
ability, for which tho ni(e of i)cnsion is expressly provided, an amount
proportionate to that provided for total disability ; and such pension
shall commence as hereinafter provided, and continue during the exist-
ence of the disability.

Sec. 1, 3 Mar. , 1873. Sec. 1, 14 July, 1862.

Section 4693, Revised Stattites.

The persons entitled as beneficiaries under the preceding section are
as follows :

First. Any officer of the Army, including regulars, volunteers, and
militia, or any officer in the ISTavy or Marine Corps, or any enlisted man,
however employed, in the military or naval service of the United States,
or in its Marine Corps, whether regularly mustered or not, disabled by
reason of any wound or injury received, or disease contracted, while in
the service of the United States and in the line of duty.

Sec. 1, 3 Mar. ,1873. Sec. 1, 14 July, 1862. Sec. 11, 4 July, 1864. Sec. 10, 14 July, 18G2. ^

Second. Any master serving on a gunboat, or any pilot, engineer
sailor, or other person not regularly mustered, serving upon any gunboat
or war vessel of the United States, disabled by any wound or injury re-
ceived, or otherwise incapacitated, while in the line of duty, for procur-
ing his subsistence by manual labor.

Resolution, 16 July, 1862.

Third. Any person not an enlisted soldier in the Army, serving for
the time being as a member of the militia of any State, under orders of
an officer of the United States, or who volunteered for the time being
to serve with any regularly organized military or naval force of the
United States, or who otherwise volunteered and rendered service in any
engagement with rebels or Indians, disabled in consequence of wounds
or injury received in the line of duty in such temporary service. But
no claim of a State militiaman, or non-enlisted person, on account of dis-
ability from wounds or injury received in battle with rebels or Indians,
while temporarily rendering service, shall be valid unless prosecuted
to a successful issue prior to the fourth day of July, eighteen hundred
and seventy-four.

Sec. 1, 3 Mar., 1873. Sec. 9, 4 July, 1864. Sec. 11, 27 July, 1868.

Fourth. Any acting assistant or contract surgeon disabled by any
wound or injury received or disease contracted in the line of duty while
actually performing the duties of assistant surgeon or acting assistant
surgeon with any military force in the field, or in transitu, or in hospi-
tal.

Sec. 1, 3 Mar., 187a Sec. 2, 3 Mar., 1865.

Fifth. Any provost-marshal, deputy provost-marshal, or enrolling-

148 PENSION LAWS, DECISIONS, &C.

CIVILIANS IN SERVICE OF A QUASI MILITARY CHARACTER— Cont'd.

officer disabled, by reasou of auj wound or injury received in the dis-
charge of bis duty, to procure a subsistence by manual labor.

Sec. 1, 3 Mar., 1873. Sec. 1, 25 July, 1866.

Section 4741, Revised Statutes.

The officers and seamen of the revenue-cutters of the United Stales,
who have been or may be wounded or disabled in the discharge of their
duty while co-operating with the Navy bj* order of the President, shall
be entitled to be placed on the Kavy pension-list, at the same rate of
pension and under the same regulations and restrictions as are provided
by law for the officers and seamen of the Kavy.

Act 18 April, 1814.

DECISIONS OF THE SECRETARY OF THE INTERIOR, &C.
1. ADDITIONAL PAYMASTERS.

An additional paymaster is regarded rs having been in the civil
branch of the service and is " entitled to his pension for the period he
was in the military service as such."

George B. Ely. Ctf. No. 10,136. J. P. Usher, Secretary. Dec. 10, 1864. Vol. 1, p. 31, and de-
cislonin same case of S. J. Kirkwood, Secretary, Aug. 15, 1881, aflfirming above decision;
also opinion of C. Devens, Attorney-General, Feb. 24, 1881. Vol.8, p. 161.

RUL.ING OF THE COMMISSIONER OF PENSIONS.

EULING No. 3. November 8, 1869.
Additional paymasters and their widows are entitled to pension.

2. CIVIL SURGEONS.

A civil surgeon detailed by the governor of a State at the request of
the Surgeon-General is not entitled to the benefits of the pension laws.

Charles Hodge, jr. App. No. 195,352. C. Delano, Secretary. Feb. 24, 1875. Vol. 3, p. 465.
3. COMMISSARY DEPARTMENT. EMPLOYES OP.

See Paragraph 12 this Title.

4. CONTRACT SURGEONS.

A contract surgeon is entitled, if the disease be contracted in line of
duty :

(1) While actually performing medical duty with a military force iu
the field J

(2) While proceeding from one point to another under orders, or,

(3) While on duty in hospital.

When he is ordered to go to a given point for duty and has set about
his preparations to do so, his transitu has begun.

Case of the mother of S. S. Bicknell. No. 223,567. Attorney General. Sept. 20, 1882. Vol. 9, p.

890.
[Note. — This decision, being adopted by the Department, was a reversal of the decision of Teller,

Secretary, May 20, 1882, in same case. Vol. 9, p. 214.]

PENSION LAWS, DECISIONS, &C. 149

CIVILIANS IN SEEVICE OF A aUASI-MILITARY CHARACTER^Cont'd.

RUIilNGS OF THE COMMISSIONER OF PENSIONS.

EULING No. 2. February 9, 1870.
Acting assistant surgeons, serving in garrisons, towns, and general
hospitals at the front, established to accommodate the sick and wounded,
should be considered as serving in the field.

KULING No. 5. December 5, 1871.
Act of July 27, 1868, section 2, does not apply to contract surgeons.

EULINO No. 68. October 17, 1881.
Pensioners or persons entitled to a pension who have been or may
be employed by the War Department as contract surgeons, do not loose
their title to a pension during or by reason of such employment.

5. DEPUTY PROVOST-MARSHALS.

See Peovost- Marshals, jpar. 11, this Title.

6. HOSPITAL MATRONS.

" No persons can be regarded as enlisted in the Army who are not
referred to in the law relating to the organization of the Army as enlisted
persons. There is no law authorizing the enlistment of hospital ma-
trons. The law authorizes the employment of such persons. They are
therefore mere employes of the hospital department. They are not
enlisted and are not in any class of persons for whom army pensions
are provided."

Higgins IsabeUa. No. 361,499. Teller, H. M., Secretary. May 28, 1883. Vol. 10, p. 446.
7. MEDICAL CADETS.

The Adjutant-General, United States Army, holds that medical ca-
dets who were authorized by act of August 3, 1861, for the late war
only, were enlisted men in the Army. The Pension Ofl&ce, acting upon
that decision, has allowed pensions in such cases.

See case of Charles H. Fisher. Ctf. No. 219,154. Adjutant-General, U. S. A. Sept. 12, 1882.
0. W. and N. Vol. 3, p. 110.

8. PACK-HORSE MEN, TVAR OF 1812.

See Service Pensions, War of 1812, par. 5.

9. PRIVATEERSMEN, TVAR OP 1812.

See Service Pensions, War of 1812, par. 5.

10. PROFESSORS IN THE MILITARY ACADEMY.

(1) ^'The professor of French in the Military Academy belongs to the
regular military establishment of the United States, but he is not en-
titled to pension for disability contracted in the pertbrmanc^e of his
duty for the reason that he is not a commissioned officer or an enlisted
wan, or a member of any one of* the classes of persons enumerated in

150 PENSION LAWS, DECISIONS, &C.

CIVILIANS IN SERVICE OF A aUASI-MILITARY CHARACTER— Cont'd

section 4693 of the Be vised Statutes as entitled to pension, nor is he
included in any class of persons for whom pension is provided by any
other portion of the law, nor is a rate of pension provided for him by
section 4695." Consequently there is '' no provision for his widow."

* * * "The provision in section 4095, fixing the rate of pension
for all other persons whose rank or office is not mentioned in said sec
tion, must be construed to refer to those persons who are included in
some one of the classes mentioned in 4693, and those for whom provision
is expressly made in some other i)ortion of the pension law."

Emily Agnel, No. 279,418. Kirkwood, S. J. Feb. 20, 1882. Vol. 6, p. 107.

(2) The professors in the Military Academy are, within the meaning
of the pension laws, commissioned ofhcers of the Army of the rank rep-
resented by the pay and allowances.

Emily Agnel. No. 279,418. Teller, H. M., Secretaiy. May 27, 1882. Coucurrin<: in opinion of
Attorney-General, May 12, 1882. Vol. 9, pp. 232-3. (Overruling decision of Feb. 20, 1882, in
the same case.)

RTJLJIS^G OF THE COMMISSIONER OF PENSIONS.

Where the pension law does not provide a rate of pension lor any
officers of the Army or Kavy, the rate shall be that provided for the
rank to which such officers were most nearly assimilated by their i)ay
and allowances.

Widow of Wm. Walters. No. 298,483. O. P. G. Clarke, Commissioner. Dec. 19, 1884. O. W.
and N. Vol. 3, p. 295.

11. PROVOST-MARSHALS AND DEPUTY PROVOST-MARSHALS.

(1) A provost-marshal is regarded as being in the military service of
the United States, having held the rank and received the pay and emol
uments of captain of cavalry, and as such must be deprived of pension
during said period of service, under section 4724, Revised Statutes.

Bolenins, A. W. Ctf. No.86,828. Schurz, C, Secretary. Sept. 22, 1877. Vol. 5, p. 232. AfRrm-
ing decision of Cox, J. D., Secretary, in same case, dated May 31, 1809.

(2) Provost-marshals of Congressional districts during the late rebel-
lion were in the civil branch of the service, and, if pensioned, are entitled
to pension during the time they held such ofl&ce.

Campbell, H. S. Ctf. No. 139,026. Schurz, C, Secretary. Mar. 2, 1881. Vol. 8, p. ICO. (See,
also, opinion of Attorney-General affirming above decision, vol. 8, p. 161. Sec. 4724, Revised
statutes.)

(3) Deputy provost-marshals are not authorized to appoint assist-
ants.

Reynolds, John W. App. No. 176,218 Cowen, B. R., Acting Secretary. Ang. 9, 1873. Vol. 1,
p. 438.

(4) A deputy provost marshal is not an officer of the Array, Navy, or
Marine Corps, and pension cannot be withheld, under section 4724, Re-
vised Statutes, while holding such office.

Muthersbougb, Daniel li Ctf. No. 61,895. Scburz.C, Secretary. Dtwj. 24, 18Ti». Vol.7, p9.y

PENSION LAWS, DECISIONS, &C. 151

CIVILIANS IN SERVICE OF A GUASI-MILITARY CHARACTER.— Cont'd.

(5) 'Seithev pro I'ost-mar shah nor deputy provost-marshals are entitled
to pension on account of disease, contracted in the discharge of duties
as such, nor does their death from such disease confer title to pent^ion
on their widows. The word " injury," as used in the Mth paragraph of
section 409^5, Revised Statutes, does not have the same significance as
the word " disability," but means a traumatic injury.

Davenport, Ida, No. ;500.829. Teller, H. M., Secretary. Dec. 29, 1884. Vol. 11, p. 405.

12. QUARTERMASTER'S AND COMMISSARY DEPARTMENTS, EM-
PLOYES OF.

(1) Employes of Quartermaster's and Commissary Departments are
not pensionable under section 9, act of July 4, 1864. (Law expired by
limitation July 4, 1867.)

Jolm E. Herbert. App. No. 168,792. B. R. Cowen, Acting Secretary. Ifov. 11, 1872. Vol. 1, p.
214.

(2) The applicant does not claim that he was enlisted in the Army or
Xavy, but that he was an employ^ in the Quartermaster's Department,
and while so employed, about February 14, 1864, on board the schooner
"Martha Nichols," which was engaged in carrying supplies off Cape Hat-
teras " he was kicked by a horse in the back and hip and that such in-
jury had resulted in paralysis."

The following language is used in the decision disposing of the case
on appeal, viz :

" The claim was rejected by your Office on the ground that the appli-
cant was an employ^ in the Quartermaster's Department and not an
enlisted man in the military or naval service of the United States.

" The applicant refers to the second paragraph of section 4693 of the
Kevised Statutes as, in his opinion, providing for his case. That portion
of the section provides i^ension for ' any master serving on a gunboat,
or any pilot, engineer, sailor, or other person not regularly mustered,
serving upon any gunboat or war vessel of the United States, disabled
by any wound or injury received, or otherwise incapacitated while in
the line of duty for procuring his subsistence by manual labor.'

" It has uniformly been held by this Department that the expression
' gunboats and war vessels ' was intended to include such vessels only
as were armed for battle, and not such as were employed by the Army
for transporting supplies."

Bentley, Benjamin A. No. 489,859. Joslya, M. L., Acting Secretary. AprflT, 1884. Vol. 11, p.
189.

(3) The son of the claimant was employed as steersman on the U. S.
tug "Dime," and was killed by the explosion of that vessel May 27, 1865.

Her claim for pension was rejected on the ground that the decedent
was never mustered into the military service of the United States, but,
at the time he was killed, was an employ^ in the Quartermaster's De-
partment,

152 PENSION LAWii, DECISIONS, &C.

CIVILIANS IN SERVICE OF A QUASI MILITAEY CHARACTER— Cont'd.

In deciding the case on appeal the following language is used, viz :
" The appellant bases her claim on the tenth section of the act of July
14, 1862 (now the second paragraph of section 4G93, R. S.), which extends
the benefits of the pension laws to ^persons not regularly mustered,
serving upon any gunboat or war vessel of the United States'

^' In construing this section the Department has uniformly held that
by ' gunboat or war vessel ' is meant an armed vessel designed for bat-
tle. The ^Dime,' upon which the appellant's son served, was not such a
vessel, but a steam tug or dispatch boat in the employ and under the
direction of the Quartermaster's Department.

" The appellant has, therefore, no title to pension under the law, and
the action of your Office is affirmed."

Burt, Cynthia. Xo. 192.481. Teller, H. M., Secretary. AprillO, 188i. Vol. 11, p. 213.
13. REVENUE MARINE SERVICE.

Persons attached to the Revenue Marine Service are not entitled to the
benefits of the pension laws unless they were wounded or disabled while
co-operating with the Navy under the orders of the President.

Alexander W. Howell. Navy No. 3,385. Charles F. Grorham, Acting Secretary. Aug. 28, 1876.
Vol. 4. p. 377.

14. TEAMSTERS, TATAR OF 1812.

See Service Pensions, War of 1812, /jar. 5.

15. WAITERS, WAR OP 1812.

See Service Pensions, War of 1812, par. 5.
See Gunboat, Ram Fleet, and Mississippi Marine Brigade,
par, 3, 4.

CLAIMANTS' STATEMENTS.

decisions of the secretary of the interior.

1. A claimant's statement as to soundness in application for life in-
surance not a bar to pension.

See Soundness.

2. A claimant's statement under oath in civil suit that he had re-
covered from the disability for which he wa^pensioned does not deprive
him of future pension for said disability if the same still continues.

See Soundness.

3. Claimants' statements in claims for reimbursement shoukl be (X)r-
roborated bj' the testimony of two credible witnesses.

[NOTK. — This does not relieve daiinantH from tbo i)aiiis and penalties of perjury, otherwise niaii.v
might 1)0 led to romniit that oftenHC.]

/S^e?^ Keimbursement.

PENSION LAWS, DECISIONS, &C. 153

CLAIMS FOR PENSION FOR DISEASE FILED SUBSEQUENT TO JUNE

30, 1880.

ORDER OF THE COMMISSIONER OF PENSIONS.

Order No. 92. Becemher 21, 1882.
All claims for disease filed since June 30, 1880, or hereafter filed, in
which the report of a medical examination shows no disability, shall be
rejected on that ground. Provided^ that where satisfactory evidence
has been, or shall be filed, showing a disability since the filing of the
application, the claimants shall be again ordered before a board of sur-
geons, or if not practicable, before a single surgeon, and if such report
is adverse, such cases shall be rejected as stated.

COHABITATION.

See Marriage, Eemarriagej also^ Adulterous Cohabita-
tion, Act of August 7, 1882.

COLORED PERSONS, SLAVES.

Section 4723, Revised Statutes.

All colored persons who enlisted in the Army during the war of the
rebellion, and who are now prohibited from receiving bounty and pen-
sion on account of being borne on the rolls of their regiments as ^' slaves,"
shall be placed on the same footing, as to bounty and pension, as though
they had not been slaves at the date of their enlistment.

Sec. 1, 3 Mar., 1873. An independent act ; see page 601, vol. 17, Statutes at Large.

COLORED PERSONS, MARRIAGE OF.

See Marriage op Colored Persons, Minors of Colored
Soldiers, and Dependent Relatives of Colored
Persons.

commencement of pensions for new DISABILITIES.

See New Disabilities.

COMMENCEMENT OF MINORS' PENSIONS.

See Minors, Commencement of Pensions to.

COMMENCEMENT OF WIDOWS' PENSIONS.

See Widows, Commencement of Pensions to.

COMMISSARY DEPARTMENT, EMPLOYES OF.

See Civilians in Service of a Quasi MlJ>n'AK^ (-haracter,
var. 1 2.

154 PENSION LAW>S, DECISIONS, &0.

COMMISSION.

See Eank.

COMMISSIONER OF PENSIONS.

Section 470, Revised Statutes, chapter five.

" There shall be in the Department of the Interior a Commissioner of
Pensions, who shall be appointed by the President, by and with the
advice and consent of the Senate, and shall be entitled to receive a
salary of four thousand dolhirs a year."

Sec. 1, 2 Mar., 1833 ; sees. 1, 2, ;{, 4, 3 Mar., 1835 ; 3 Mar., 1837; sees. J, 2, 3, 4, 4 Mai., 1840 ; 20 Jan.,
1843 ; sec. 1, 14 Jan., 1840 ; sec. 1, 19 .Jan., 1849 : soc. 3, 3 Mar., 1873.

Section 471, Revised Statutes.

"The Coiniuissiouer of Pensions shall perform, under the direction of
the Secretary of the Interior, such duties in the execution of the various
pension and bounty-land laws as may be prescribed by the President."

Sec. 1, 2 Mar., 1833 ; sec. 2, 3 Mar., 1835 ; sec. 2, 3 Mar., 1837 ; sec. 2, 4 Mar., 1840 ; sec. 4, 4 Mar., 1840 ;
sec 2, 20 Jan., 1843 ; 19 Jan., 1877.

Section 472, Revised Statutes.

♦ ♦ * " And in case of death, resignation, absence, or sickness of
the Commissioner, his duties shall devolve upon the Deputy-Commis-
sioner until a successor is appointed, or such absence or sickness
ceases." * * *

Sec. 29, 3 Mar., 1873.

Section 473, Revised Statutes.

" The Commissioner of Pensions is authorized, with the approval of
the Secretary of the Interior, to appoint a person to sign the name of
the Commissioner to certificates or warrants for bounty-lands, and cer-
tificates or warrants so signed shall be as valid as if signed by the Com-
missioner."

20 Feb., 1856.

OPINION OF THE ATTORNEY-GENERAL, daffd ^I>n7 28, 1882.

"I understand that chapter five, under the head of ^Department of
the Interior,^ in the Revised Statutes, places the entire administration
of the pension laws in the control of that Department, and that section
471 designates the Commissioner of Pensions as the officer whose special
duty it is under the direction of the Secretary to administer and carry
into execution these laws. He shall perform, to use the language of
the statute, *such duties in the execution of the various pension and
bounty-land laws as may be prescribed by the President.' By which,
I understand, that the Commissioner of Pensions is the officer provided
by law, in whose hands the President, as the Executive head of the Na-

PENSION LAWS, DECISIONS, &C. 155

COMMISSIONER OF PENSIONS—Continued.

tiou, shall place this i)art of his adiniuistratiou, to wit: the execution
of the pension and bounty -land laws."

* * * ^ * * *

^^ Pension agents are officers of the Department of the Interior, and take
their instructions from the Commissioner of Pensions — sections 4779,
t7S4, 4785, K. S. There is no allusion in any of the pension laws to the
accounting- officers of the Treasury as having any authority to construe
those laws, or to direct the pension agents as to the amount that shall
be paid to any class of pensioners, or to whom pensions shall be paid.
Tills is matter for the supervision and instructions of the Commissioner.
The certificate and his orders as to its payment are binding upon the
Comptroller and Auditor.

If a payment has the authority of the Commissioner of Pensions,
and especially if it has the sanction of the Secretary of the Interior,
the decision is final. For the jurisdiction of the whole matter is in these
ohicers.

The duty of the accounting officers in respect to pensions is to audit
tlie accounts relating to them, and to certify the balances. See section
277, Kevised Statutes. But this does not require that they shall take
tiom the Commissioner of Pensions the jurisdiction with which the law
eh)thes him, to construe and administer the pension laws, or to inter-
fere with his instructions to pension agents. On the contrary, they
are bound to conform to his decisions."

DECISIONS OF THE SECRETARY OF THE INTERIOR.

1. The duties of the Commissioner of Pensions are not analogous to
those of the (Third) Auditor. The former is authorized to carry into
effect the pension laws, which authority involves not only the power to
grant pensions to those entitled to receive them, but to withhold them
from those not so entitled, under such rules and regulations as may be
prescribed. He is a quasi-judicial officer, and acts judicially, and is of
necessity required to exercise judgment and discretion. He is author-
ized and required by law to readjust rates of pension and to suspend
payment upon certificates when the right to a pension has ceased or
does not exist.

This power has always been construed to include the correction of
errors in adjudicated cases to the extent of striking them from the
rolls.

Catheriue Harris. Ctf. No. 164,180. C. Delano, Secretary. Dec. 1, 1874. Vol. 3, p. 380.

2. Is not to judge the sufficiency of evidence tiled to change record in
another Department.

Wolcotfc, W. A. Delano, C. Secretary. Apr. 13, 1875. Vol. 4. pp. 4-10.

8. Pursuant to section 4739, Kevised Statutes. Whenever it shall be
discovered that a pension has been granted illegally, or through iaise or

156

COMMISSIONER OF PENSIONS— Continued.

fraudulent representations, the papers in the case should be submitted,
by the Commissioner of Pensions, to tlie Department lor appropriate
action.

Instructions: Chandler, Z., Secretary. Jan. 22, 1876. Vol. 4, p. 183.

4. Has authority to prescribe a fee less than that agreed upon be-
tween claimant and attorney.

Smith, J. W. Chandler, Z., Secretary. Oct. 27, 1876. Vol. 4, p. 436.

RUIiING OF THE COMMISSIONER OF PENSIONS.

EULTNG IN^o. 64. December 4, 1877.
It is not competent for the Commissioner of Pensions to dispute the
service of a claimant whose service is established under the provisions
of the act of Congress approved March 25, 1862, entitled ^'An act to
secure to the oflBcers and men actually employed in the Western Depart-
ment, or Department of Missouri, their i>ay, bounty, and pension"; and
of joint resolution No. 51, approved July 12, 1862.

ORDER OF THE COMMISSIONER OF PENSIONS.

Order Ko. 8. July 12, 1871. (Old 'J^o. 41.)
All cases wherein a doubt exists as to whether the disability or death
was received while in line of duty shall be referred to the Commissioner
for action.

COMPETENCY OF WITNESSES.

See Witnesses, Competency of.

COMMUTATION FOR ARTIFICIAL LIMBS.

See Artificial Limbs.

CONFIDENTIAL COMMUNICATIONS.

See Abstracts.

CONFIDENTIAL EVIDENCE.
See Abstracts.

CONGRESS.

DECISIONS OF THE SECRETARY OF THE INTERIOR.

1. Opinion of, in debate, should be regarded in construing the pen-
sion law.

Frerer, Charles. Smith, C. B., Secretary. Nov. 22, 1861. Vol. 1, p. 32.

2. Has power to grant pensions to persons not possessed of the neces
sary qualifications under the general pension law.

Hensley, Ann. ChanOler, Z., Secretary. Apr. 7, 187C. Vol. 4, p. 263.

PENSION LAWS, DECISIONS, &C. 157

CONSTRUCTION OF LAW.

DECISIONS OF THE SECRETARY OF THE INTERIOR.

1. Pension laws should be construed in the liberal spirit which en-
acted them.

Vimont, Mary Jane. App. No. 65,251. Harlan, J., Secretary. Jan. 26, 1806. Vol. 1, p. 50.

2. Pension laws in force at time of adjudication governs claim.

Wilber, J. B. App. No. 65,240. Cox, J. D., Secretary May 14, 1869. Vol. 2, p. 102.

3. Proviso not a separate and independent enactment, but governed
by the opening language of the section of which it is a part.

Bellis, Kooer. Ctf. No. 74,300. Delano, C, Secretary. Oct. 7, 1873. Vol. 3, p. 34.

4. Invahd claims filed piior to June 0, 18G6, subject to i)rovisions of
act of March 3, 1865.

Vaughn, F. W. Ctf. No. 50,260. Delano, C, Secretary. Jan. 28, 1875. Vol. 3, p. 446.

5. Joint resolution of IMarch 3, 1871, directing the withholding of cer-
tain moneys from deserters, does not ai)ply to pensioners.

Conroy, Jane. Ctf. No. 171,088. Delano, C, Secretary. June 9, 1875. Vol. 4, p. G6.

6. Joint resolution of March 2, 18C7, modi tied by provisions of section
l:716j Eevised Statutes, so far as the same relates to claims for pensions,
specifically excludes all who in any manner aided or abetted the late
(^bellion.

Instructions : Chandler, Z., Secretary. Jan., 1876. Vol. 4, p. 181.

7. Pension laws passed prior to the rebellion should be construed as
liscriminating between Army and Navy pensions.

Dickinson, Charlotte. Gorham, Charles F., Acting Secretary. Aug. 24, 1876. Vol. 4, p. 381.

8. Under act of June 18, 1874, which provides a pension of $50 per
aonth for certain specific disabilities, and for other disabilities result-
ng in total or permanent helplessness, requiring the personal attention
ind aid of a second person, it apx^ears to be indicated that it was not
ntended by the framers of the law that other disabilities than injuries
to both hands should be pensioned under this act, or such as are
equivalent or nearly equivalent to the loss of both,

Collett, John R. Ctf. No. 27,880. ScLiurz. C. S* cretary. Apr. 17, 1880. Vol 7, p. 294.
[Note. —This decision subsequently reversed. |'

RUI.INGS OF THE COMMISSIONER OF PENSIONS.

Ruling No. 20. June 26, 1871.
The ninth section of the act of tTuly 27, 1868, does not apply to claims
tnade under the act of February 14, 1871.

Exiling No. 27. September 20, 1874.
The act approved June 6, 1874, entitled '' An act to equalize pensions
in certain cases," is construed to refer only to pensioners whose names
were upon the roll at the date of the passage of that act, or who were
entitled to re(?cive pension at that date. In cas^of the death or remar-
riage after June 6, 1874, of a widow pensioned under a special act, the

168 PENSION LAWS, BECtSlONS, &0.

CONSTRUCTION OF LAW— Continued.

law of that date is not regarded as conferring any right to pension upon
the children of the soldier on acconiit of whose service and death sncb
special act was passed.

KuLiNa No. 28. April (I, 1870.
Section 2421 should be read and interpreted in the same sense as if
the word *• other" stood betweea the words "any" and "act" in the
third line of the section, and such will be the cons; ruction in this Bu
reau.

Ruling No. 29. April 19, 1876.

In the case of Rebecca S. Harrison, widow of H. N. Harrison, Navy
certificate No. G95.

Chapter 219, "An act to equalize pensions in certain cases," approved
June 6, 1874, has no retroactive effect. Additional or increase pensions
under that act cannot commence earlier than the date of its passage.

Ruling No. 30. January 12, 1877.
Since the promulgation of ruling defining the application of the words
"any pensioner" * * * or "any i)erson entitled to a pension," in
section 4718, Revised Statutes, the subject-matter of said ruling has
been brought to the attention of the Attorney- General, who has de-
cided that the operation of said section should not be restricted to in-
valid claimants and pensioners.

See Opiniona of Attonieys-GeDeral. Vol. 15, p. 591.

CONTESTED CLAIMS.

DECISION OF THE SECRETARY OF THE INTERIOR.

Where the mother and alleged widow of soldier contest for pension,
and four investigations by special agent fail to reach a satisfactory re-
sult : Held, that for the present the Government should incur no fur-
ther expense, but that the burden of proof rests upon the parties in in-
terest to file evidence to determine the question of title.

McLaughliu, Julia. Ctf. No. 24,271. Scliurz, C, Secretary. Apr. 26, 1877. Vol. 5, p. 92.

CONTRACT SURGEONS.

See (Civilians in Service of a Quasi- military Charac-
ter, par. 4.

CORRESPONDENCE.

INSTRFCTIONS OF THE SKi;RETARY OF THE INTERIOR.

Communications to the Department should be confined to one subject
and proi)erly briefed ; the number and nature of inclosures should be
specified in the communication, and the inclosures properly briefed.

PENSION LAWS, DECISIONS, &C. 159

CORRESPONDENCE— Continued.

The use of file jackets and envelopes will be discontinued as far as prac-
ticable. When papers are temporarily withdrawn from the file jackets
a memorandum thereof should be made.

Instructions: Schujz, C, Secretary. July 17, 1877. Vol. 5, p. 154.

ORDEKS OF THE COMMISSIONER OF PENSIONS.

:eder No. 2. December 1, 1866. {Old No, 7.)
That all official communications from this office, whether letters or
circulars (and no others are tolerated), must bear the initials of the ex-
aminer, and chiefs of divisions must review all official communications
and be responsible therefor.

Order Ko. 4. J?% 10, 1868. {Old No. 1^.)
Examiners are directed, in calling upon the Adjutant-General for re-
ports as to the service of officers and enlisted men, to state what is
claimed in each case, and set forth explicitly the items of information
required.

Order No. 5. December 17, 1868. {Old No, 20.)
The habit of many examiners of interpolating the official circulars of
this office, containing the signature of the Commissioner, must cease.
Any violation of any order relating to this matter will subject the party
so offending to the penalty of removal from office.

Order No. 9. August 23, ISll. {Old No. 4:5.)
Full and careful notations of correspondence and requirements sent
out to claimants, to attorneys, to Departments, and to others, on the en-
velope or jacket of the case, as well as the proper date of same, will be
strictly required.

Order No. 15. February 16, 1872.

All letters of inquiry must be promptly answered, and letters of in-
formation acknowledged ; but information as to the merits or condition
of claims is to be given to the claimant or recognized attorney only, un-
less by direction of proper authority. To inquiries made by any attorney
other than the one properly recognizable, it shall be the duty of the ex-
aminer in charge of the claim to respond and state fully why no infor-
mation concerning the claim can be furnished.

A note of the date and the substance of every letter from this office,
referring tO any particular claim, must be indorsed upon the jacket
containing the papers in said claim.

To secure uniformity, the address of all communications from this of-
fice must be given at the close.

Order No. 18. March 20, 1872.
No papers filed in any claim in this office shall be sent or delivered to
any member of Congress, clerk of any committee, attorney, or other per-

160 PENSION LAWS, DECISIONS, &n.

CORRESPONDENCE— Continued.

sons ; but all such papers, when called for by any member of Congress,
shall be transmitted to the committee by mail or by the clerk, upon
order of the chairman of said committee, from the desk charged with
such dutj^

Order No. 19. April 9, 1872.
All communications from this office intended for United States pen-
sion agents shall express the full name and postofiQce address of the
agent for whom the communication is designed.

Order No. 23. December 4, 1872.
Hereafter each reference by a member of Congress, of inquiries of
correspondents or of the member himself, must be answered direct to
the member making the reference, unless he requests a response to
the correspondent. Each answer to the correspondent, or to the mem-
ber, as the case may be, must contain a mention of the post office ad-
dress of the correspondent, the subject of the inquiry definitely stated,
and the number (if there be any) of the claim to which reference is
made. In letter to the member the name of the correspondent must
also be given. The letter of the member and of the correspondent (if
there be any filed) must always be returned. In case a claim has been
rejected, the general grounds of rejection will be stated.

Order No. 32. May 10, 1875.

Hereafter it is made the duty of the chief of the Mail Division to make
a record of Congressional communications received in this office, and
such record shall show date of receipt, name of writer, and all commu-
nications, after record as above, will be referred to the proper division,
accompanied by a slip bearing date of receipt and number of record,
which slip will be returned to the chief of the ]\rail Division when the
communication to which it was attached shall have been answered, and
shall show date of answer, and by whom answered, and the chief of the
Mail Division will make a record of the same. He will also make a daily
summary showing the number of letters received and number sent out.

It is especially enjoined upon chiefs of divisions, in case a letter has
been improperly referred to any division, to at once return the same to
the mail room for correction of reference.

It is also made the duty of the chief of the Mail Division to call the
attention of the chief clerk to any communications which may be re-
tained without answer beyond a reasonable time. •

Hereafter cases in which evidence or inquiry may be received will not
be returned to the files, but on application of such evidence or inquiry
will be sent at once to the appropriate division and be retained until
properly disposed of.

Chiefs of divisions will see that no undue accumulation of work is
permitted on any desk in their respective divisions.

t>ENStON LAWS, DECISIONS, &C. 16 1

CORRESPONDENCE— Continued.

Order No. 33. June 2, 1875.

Every person askiug information relative to the merits or status of
any claim or matter pending before this ofiice is entitled to a respectful
reply.

The special attention of chiefs of divisions is therefore directed to the
necessity of carefully reviewing all letters emanating from their respect-
ive divisions, to see that the same are written in plain and fair handwrit-
ing, without abbreviations, interlineations, blots or erasures, official,
respectful, and concise in language, and properly punctuated ; also that
the same contain a full and complete showing of all requirements nec-
essary to a proper adjudication of the claim or matter to which they re-
late.

Order No. 34. November 6, 1875.

That in the adjudication of claims for pension or bounty land, the
service and signatures of officers or enlisted men who testify as to the
origin of disability, or other facts relative to the service of the soldier,
should be referred to the proper departments for verification when
necessary.

Order No. 40. February 16, 1876.
In order that no unnecessary labor may be imposed upon the other
I)ei)artments in complying with requisitions of this office, made in obe-
dienc(-; to order No. 34, for the purpose of verifying the statements of
officers and enlisted men, and ascertaining their opportunities for ob-
taining personal knowledge of the facts to which they testify, such in-
quiries must be confined, as nearly as possible, to the exact dates of the
alleged occurences.

Order No. 42. A:pril 15, 1876.
All official communications from the Pension Office will hereafter be
made in the name of the Commissioner of Pensions, except that corre-
spondence between the Medical Eeferee and examining surgeons relating
to their nn dical testimony, and the preparation of their certificates
may be in the name of the Medical Eeferee.

Order No. 44. June 13, 1876.
Every communication from this office to the Second Auditor, calling
for information from the files and records of his office, must embody
the name, comj)any, regiment, and State to which the soldier belonged,
in relation to whom the information therein is requested.

Order No. 49. January 18, 1877.

Hereafter all communications referred to this office by the Secretary

of the Interior, relative to which he does not call for a report, will be

transmitted by the appeal clerk direct to the appropriate divisions, the

respective chiefs of which will see that the communications are promptly

7018 PEN 11

162 pENSTox LAWS, DK^!ISIO^^s, *:C.

CORRESPONDENCE— Continued.

acted upon, without, however, as heretx)fore, trausmittiDg tbe action
through the ai)peal desk. But if the Secretary calls for the condition of
a claim, the letter giving the information shall be transmitted through
the appeal desk.

Order No. 60. August 22, 1881.

Whereas it appears that much of the clerical force of this office is
now employed in writing letters which do not materially vary in sub-
stance or form, and can be expressed with more uniformity in a printed
circular and thus enable the chiefs of divisions to put at work upon the
real work of this office, the examination of claims for pension, the force
thus employed in writing and rewriting circular letters, it is ordered
that chiefs of divisions shall furnish the chief clerk at once with blank
forms of such ciicular letters as are in use or may be desired, with a
view to their being printed and used hereafter in all cases where it is
possible, the real object of this order being the economy of clerical force
and the application ot it to the real work of the office.

In answering inquiries as to the status of cases and in all letters call-
ing for verification of records or other additional evidence the commu-
nications should be as brief as is consistent with a full and frank an-
swer, stating facts and points to be covered ; all effort at mystification
or misleading the person written to should be avoided.

Letters will only be written when printed circulars will not answer
the purpose.

Order No. 73. January 19, 1881.

(1) All communications to this office in relation to any claim pending
therein, or other matter pertaining thereto, should be addressed to the
Commissioner, one of the deputy commissioners, or Chief Clerk. Com-
munications addressed to any other officer or employe of the Bureau in
relation to any business of the office must be referred to one of the ofh-
cers named above, before any action by the office is taken thereon.

(2) All official communications from the Pension Office will be made
in the name of the Commissioner or Acting Commissioner of Pensions,
except the special corresi)ondence of the Medical Referee, as provided
in order No. 42.

(3) All communications written by employes of the Bureau on official
business to the Commissioner should be sent to the Chief Clerk's desk.

(4) All questions as to the distribution or discipline of the force of the
office should be referred to the Chief Clerk.

Order No. 88. November 24, 1882.

The following instructions will be observed in making certain calls
for evidence :

(1) In calls on the Surgeon -General in cliscase cases, when it appears
that the claimant has not stated the names of all the hos^ntals in which

PENSION LAWS, DECISIONS, <ScC. 1 ()3

CORRESPONDENCE— Continued.

be was treated while in the service, add: ** Please exatnine the records
of regimental, division, corps, and other hospitals likely to afford evi-
dence as to treatment for the alleged or other disease."

In gunshot wound and injury cases, add: " If the location of the wound
(01 injury, as the case may be) for which pension is claimed is not shown
by the records of the above-named hospitals, please examine all records
likely to afford the desired information as to the alleged or any other
wound or injury."

(2) Bear in mind that the law now requires that each claimant shall
be examined by a board of surgeons, when practicable, before the ad-
mission of an invalid claim, and take action accordingly, when a new
examination is necessary.

(3) In increase claims, see that the terms of order 37 are strictly
complied with. This order is equally applicable to original claims
w^herein the claimant has been once examined.

(4) In making calls for the testimony of field and line officers, as well
as surgeons, give their i^ost office address when known.

Order No. 90. Becemher 12, 1882.
Hereafter all letters of inquiry will be promptly answered, and chiefs
of divisions will take the necessary steps to carry into effect this order.
It is ]iot intended by this to make duplicate calls for evidence, but to
state briefly what the case is waiting for, viz : waiting its turn for con-
sideration, or for the consideration of evidence filed, or waiting replies
to calls for evidence, giving date and nature of call.

Order ^o. 91. December 21, 1882.

Hereafter in all cases where it is necessary to ascertain the credibility
of witnesses the same shall be done through the Special Examination
Division, and in such a manner as may be directed by the Commissioner.

All correspondence with witnesses direct shall be had by the exam-
iners as heretofore.

Order No. 94. April 30, 1883.

(1) \Vbenever a call is made for any evidence, all that is required to
settle the case must be included, so far as can be foreseen at the time.
" Piecemeal " calls are prohibited, except as above.

(2) No second call should be made for the same evidence, except in
cases where it is reasonably certain that neither the claimant nor the
agent representing him has received the first; and no repeated call
should be made for evidence which claimant has shown to be unobtain-
able.

(3) If, in response to a call of this office, evidence has been offered
by a claimant which, in the opinion of the examiner, is incompetent or
insufficient, he should fully state the reasons for its non-acceptance, in
calling for more to the same point. The claimant is entitled to know

1G4 PENSION LAWS, DECISIONS, &C.

COREESPONDENCE— Continued.

wherein any evidence he has offered is insufficient, if it is deenaed so by
the examiner.

(4) In rejecting a case the grounds of rejection should be stated by
the examiner with particularity and certainty, both upon the brief and
in the notice thereof to the claimant, in order to avoid, as far as possi-
ble, future correspondence.

(5) When, in absence of a record of the disability claimed, title to
pension depends solely upon parol evidence, the credibility of import-
ant witnesses should be ascertained, and if necessary, correspondence
had with them direct to develop personal knowledge of facts testified
to. Such correspondence should be frank and candid,'and invite the
fullest particulars from the witness.

COURTS OF RECORD.

The phrase "court of record" is borrowed from the English law and
therefore it is proper to look to that law for its meaning. According
to that law the mere fact of its keeping a registry of its proceedings is
not enough to make it a " court of record."

In the United States a " court of record" is one —

(1) Expressly made so by the law of the State which creates it;

(2) Which has been expressly so adjudged by the tribunals of the
State;

(3) Which proceeds according to the course of the common law, with
a jurisdiction unlimited in point of amount, keeping a record' of its pro-
ceedings; or,

(4) Which has the power of fine and imprisonment.

Courts which proceed according to the course of the civil and canon
law, having neither of those attributes, are wo* courts of record, although
they may possess a seal and keep a registry of their proceedings.

Andrews' Digest, p. 153, par. 6. Opinions of Attorneys-General. Vol. 1, p. 356. Mayo ami Moul
ton, p. 346.

DECISION OF THE SECBETARY OF THE INTERIOR.

Declarations, executed before a "recorder of deeds," in the State
of Pennsylvania, are not executed in compliance with the provisions of
section 4714, Eevised Statutes. The office of "recorder of deeds" is
not a court of record in that State ; nor is the ** recorder of deeds" an
officer, or his official seal the seal of a court of record.

Henry Keuster, Xo. 322,441 ; Elias B. Lynn, No. 329,260. Kirkwood, S. J., Secretary. Dec. 6,
1881. Vol. 9, p. 19.

CREEK INDIANS IN THE WAR OF 1812.

See Service Pensions, War of 1812, par, 13.

PF'~^ION LAWS, DECISIONS, &C. 165

DEAFNESS.

Section 4698, Eevised Statutes.

u* * * ^And all persons who, under like circumstances' (in the
military or naval service of the United States and in line of duty) shall
have lost the hearing of both ears shall be entitled to a pension of thir-
teen dollars per month from the same date" (June 4, 1872).

Sec. 4, 3 Mar., 1873.

DECISIONS OF THE SECRETARY OF THE INTERIOR.

1. In cases of father's, considered a disability.

Mendell, George S. App. No. 214,523. Gorham, Charles F., Acting Secretary. Oct. 14, 1876.
Vol. 4, p. 422.

2. The provisions of section 4698, Eevised Statutes, apply only to
persons who were receiving less than $13 per month for loss of hearing
of both ears.

Cronk. Charles W. Ctf. No. 21,150. Chandler, Z., Secretary. July 25, 1877. Vol. 4, p. 160; vol.
5, p. 272.

DEAFNESS, RATES OF PENSION FOR.

See Section 4698, E. S., Eates of Pension, i>ar. 15, and Table
OF Eates.

DEATH, CAUSE OF.

See Cause of Death.

DEATH, PRESUMPTION OF.

See Presumption of Death.

DECISIONS OF THE SECRETARY OF THE INTERIOR.

See Secretary of the Interior.

DECLARATIONS.

Section 4714, Revised Statutes.

Declarations of pension claimants shall be made before a court of
record, or before some officer thereof having custody of its seal, said
offi(;er hereby being fully authorized and empowered to administer and
certify any oath or af&rmation relating to any pension or application
therefor : Provided, That the Commissioner of Pensions may designate,
in localities more than twenty-five miles distant from any place at which
such court is liolden, persons duly qualified to administer oaths, before
whom declarations may be made and testimony taken, and may accept

166 PENSION LAWS, DECISIONS, &C.

DECLARATIONS— Continued.

declarations of claimants residing in foreign countries made before a
United States ministeror consul, or before some officer of the country duly
authorized to administer oaths for general purposes, and whose official
character and signature shall be duly authenticated by the certiticate
of a United States minister or consul j declarations in claims of Indians
made before a United States agent ; and declarations in claims under
the provisions of this title relating to pensions for services in the war
of eighteen hundred and twelve, made before an officer duly authorized
to administer oaths for general purposes, when the applicants, by reason
of infirmity of age, are unable to travel : Frovided^ That any declaration
made before an officer duly authorized to administer oaths for general
purposes shall be accepted to exempt a claim from the limitation as to
date of filing i)rescribied in section forty -seven hundred and nine.

Sec. 21, 3 Mar., 1873 ; sec. 3, 4 July, 1864.

[Note.— Prior to July 4, 1864, declarations exectited before ofticers authorized to atlminister

oaths for general purposes were valid. See Commissioner's order No. 11. under head of

Declarations, formal and informal.]

DECISIONS OF THE SECRETARY OF THE INTERIOR.

1. Inadmissible if executed before attorney of record.

See Attorneys, par. 1.

2. Defective declarations, made through ignorance, may be corrected
by amendment.

Coomes, Samuel E. Ctf. No. 122,168. Delano, C, Secretary. June 17, 1873. Vol. 1, p. 392.

3. Delay in filing, on the part of the attorney, not to be considered
by the office in fixing commencement of pension.

Smith, H.W. Ctf. 122,168. Chandler, Z., Secretary. June 19, 1876. Vol.4, p. 321.
Stevens, Sarah H. App. No. 185,627. Delano. C, Secretary. Nov. 21, 1870. Vol. 2, p. 203.

See Attorneys, par. 5.

4. For original pensions must be executed as prescribed by section
4714, Revised Statutes, and the return of original papers for correction
is prohibited.

Brown, John. App. No. 231,456. Bell, A., Acting Secretary. May 14, 1877. Vol. 5, p. 106.
Also, Gillman, Margaret, widow of Gillman, Arthur. Ctf. No. 189,381. Bell, A., Acting
Secretary. Oct. 25, 1880. Vol. 8, p. 43.

5. A pension claim tiled subsequent to the claimant's death, although
executed prior to that event, ^* cannot be considered a claim pending
at the date of his deatli."

Dale, Mary, wife of DjiIc, Talbot. Ctf. No. 144.524. (Acta of Jan. 25 and Mar. 3, 1879.) Kirk-
wood, S. J . Secretiuy. Apr. 28, 1881. Vol. 8, p. 212.

DECLARATION. DATE OF FILING OF.

When a declaration for pension was left with the Commissioner of
Patents prior to June 30, 1880, and by him ^' filed with the Commis-
sioner of Pensions" July 5, 1880, with the statement that, by reason of

PENSION LAWS, DECISIONS, &C. 167

DECLARATION, DATE OF FILING OF—Continued.

sickness, be had been prevented from filing it before, it was held by the
honorable Secretary that the application was not ^* filed with the Com-
missioner of Pensions " prior to July 1, 1880 (although handed to the
Commissioner of Patents, an officer of the Department, prior to that
date), and therefore was not exempt from the limitation provided in
the second section of the act of March 3, 1879.

Borden, Jane E., No, 279,167. Kirkwood, S. J. Xov. 14, 1881. Vol. 8, p. 473.

DECLARATIONS IN CLAIMS FOR BOUNTY-LAND.

^RUt-ING OF THE COMMISSIONER OF PENSIONS.

RuLiNa No. 7. January 10, 1870.
Declarations in claims for bounty-laud must be made before an officer
of a court of record.

DECLARATIONS IN CLAIMS FOR INCREASE.

RUINING OF THE COMMISIONER OF PENSIONS.

Ruling No. 8. Mai, 10, 1872.
Declarations, in claims for increase by persons already pensioned,
j need not be made before an officer of a court of record, but will be ac-
cepted as in due form, if executed before an officer whose authority to
administer oaths for general purposes is shown by the certificate of an
officer of a court or of any other competent authority.

[Note.— Declarations in claims for increase, iu which a new disability is alleged as a basis for a
claim for pension, mast be executed before an officer of a court of record in the same manner
as original declarations.]

i DECLARATIONS, FORMAL AND INFORMAL.
t BECISIONS OF THE SECRETABX OF THE INTERIOR.

P 1. Under an informal invalid declaration filed by husband in his life-
time, widow not entitled to accrued pension under section 4718, Re-
vised Statutes.

Horton, James. ISo. 138,769. Schurz, C, Secretary. May 12, 1880. Vol. 7, p. 345.
Gillman, Margaret. Ctf. No. 189,381. Teller, H. M., Secretary. Jnue 26, 1882. Vol. 9, p. 284.
Wales (now Sherwood), Sarah A. Ctf. No. 194.070. Teller, H. M., Secretary. July 8, 1882.
Vol. 9, p. 310.

2. A soldier was discharged September 26, 1865. He filed an in-
formal declaration, or one executed before a justice of the peace, De-
cember 20, 1875, and died January 4, 1876, of the disease on account of
which he claimed pension, without having filed in this office a formal
declaration, or one executed before a court of record, or an officer thereof
having custody of its seal.

His widow filed her claim August 23, 1876, ^-properly executed and
formal in every respect." On this statement of facts being referred
to the honorable Secret.ary of the Interior for instructions, it was de-

1(18 PENSION LAWS, DECISIONS, &C.

DECLARATIONS, FORMAL AND INFORMAL— Continued.

cided tliat " this (soldier's) claim not liaving been made formal in
the life time of the soldier, the widow has filed a formal declaration
in which she is bound to state all the facts necessary to entitle the hus-
band to a pension, and, in addition thereto, facts to establish her rights
as a widow ; and all these facts she is required to prove. When this is
done she is as much entitled to the accrued pension as the husband
would be were he living. In other words, if the pending informal claim
of the husband was sufficient to have saved the accrued pension to the
husband, it is sufficient to save it to the widow."

(Overruling the decisions in the case of Margaret Gillman, Ctf. No.
189,381, decided June 26, 1882, and in the claim, Ctf. No. 194,070, of
Sarah Wales, now Sherwood, decided July 8, 1882.)

Beardsley, Willis. No. 211,522. Teller, H. M., Secretary. Mar. 31, 1883. Vol. 10, p. 2d2.

3. The applicant was discharged eTanuary 10, 1865. He filed an in-
formal declaration January 2, 1880, and a formal one October 13, 1881.
In his letter of instructions to the Commissioner, the honorable Secre-
tary of the Interior held that " the proviso to section 4714, Revised
Statutes, has now no effect whatever, for the reason that the section to
which it referred (4709) has been repealed," and that the pension in this
case, if allowed, will commence from October 13, 1881, the date of filing
the formal declaration.

Burton, Amos. No. 340,004. Kirkwood, S. J., Secretary. Nov. 11, 1881. Vol. 8, p. 474.

Above decision overruled in same case as follows :

4. Where an informal declaration, or one '* made before an officer
duly authorized to administer oaths for general purposes," has been
filed prior to July 1, 1880, and a formal one subsequent thereto, the
pension, when allowed, will " commence from the death or discharge of
the person on whose account the claim has been, or is hereafter granted,
if the disability occurred prior to discharge ; and if such disability oc-
curred after the discharge, then from the date of actual disability, or
from the termination of the right of party having prior title to such pi^n-
sion"; as provided in the second section of the act of March 3, 1879;
and when a like informal declaration has been filed since June 30, 1880,
or shall hereafter be filed, and a formal one has been, or shall be, filed
subsequent thereto, the pension, if allowed, will commence on the date
of the filing of such informal declaration.

Burton, Aiiu)8. No. 340,004. Opinion Attorney-General. May 10, 1882. Teller, H. M., Secro-

tary. May 15, 1882. Vol. 9, pp. 195-197, 205, and 212.
[Note. — The decision in the Burton case, dated May 15, 1882, has been substantially affirmed in

many similar Cases since. See case of Lambkins, John B. Ctf. No. 275,919. Jenks, G. A.,

Assistant Secretaiy. July 28, 1885.]

5. A discharged soldier filed in this office June 30, 1880, a letter set-
ting forth sufficient facts, if proven, to entitle him to pension. Inad-
vertently, the letter was jacketed, numbered, and receipted for as an
original application for pension. Subsequently, the claimant was re-

t>ENSION LAWS, DECISIONS, &C. 160

DECLARATIONS, FORMAL AND INFORMAL— Continued.

quired to furDish a valid declaration, and on filing one February 8, 1881,
and proving his claim, his pension was allowed to commence from that
date, in accordance with the proviso to the second section of the act of
March 3, 1879.

On appeal, from the refusal of this office to treat the claimant's letter
herein referred to as a valid application under the acts relating to ar-
rears of pension, and consequently to commence the i^ension from the date
of the soldier's discharge, it was decided that as the proviso to section
4714 of the Kevised Statutes authorized '-tiie acceptance of a declara-
tion, taken as therein set forth (before an officer authorized to adminis-
ter oaths for general purposes), to exempt a claim from the limitation
as to date of filing, fixed by the act of March 3, 1879, it follows that it
operates to prohibit the acceptance, for the purpose stated, of an ap-
plication not executed before an officer so authorized, or not executed
(as in this case) before any officer whatever."

Lamoreaux, Pardon B. Ctf. No. 213,051. Teller, H. M., Secretary. July 22, 1882. Vol. 9, p.
323.

(). The claimant filed in this office February 9, 1880, what purported
to be a declaration for an invalid pension, and it was jacketed and num-
bered as such and its receipt duly acknowledged, but when reached lor
action was found to contain only the averments of his service and dis-
ability and to which he had taken no oath. He subsequently, as re-
quired, filed a new and properly executed application July 27, 1881, and
his pension was allowed to commence from that date.

On appeal it was held that '' there was no declaration filed in this
case prior to July 1, 1880, which can be recognized as a valid applica-
tion ; " that section 4714, Eevised Statutes, pointed out the manner in
which declarations should be executed, with the proviso as to declara-
tions executed before officers '^ authorized to administer oaths for gen-
eral purposes," and that "the proviso referred to authorizing the ac-
ceptance of declarations made in a certain manner, must be understood
as excluding declarations not so execeited."

Harmon, Richard P. Ctf. No. 240,723. Teller, H. M., Secretary. Feb. 23, 1884, Vol. 11, p. 137.
RUIilNGS OF THE COMMISSIONER OF PENSIONS.

EULING No. 10. April 30, 1877.

If, prior to the allowance of a pension claim, the declaration having
been made before a proper officer is discovered to be in any other ma-
terial respect defective in its allegations or execution, such informality
or omission may be cured by the filing of a new declaration, which shall
relate back to the date of filing the original.

After a pension claim has been allowed and the certificate issued, the
declaration shall not be impeached for any cause, unless it shall first be
.sliown that the claim was without merit.

170 PENSION LAWS, DECISIONS, &C.

DECLAEATIONS, FORMAL AND IIO'OEMAL— Continued.
EULING* No. 74. May 10, 1882.
In compliance with instructions from the honorable Secretary, of the
12th aud 18th instants, the remedial proviso to section 4714, Kevised
Statutes, exempting certain informal declarations from the limitation
as to date of filing, will be held to apply to all original declarations
filed in the office.

EULING No. 95. A2wil 25, 1885.
Where an informal declaration was filed July 5, 1883, the only defect
being the absence of the claimant's signature, the jurat in proper form
making it plain that the claimant appeared in person and made oath to
tlie contents of said paper, and, subsequently, a formal declaration was
filed: /ie/7, that pension should be niade to commence from date of
tiling the informal declaration.

Lucius IlenifEu. App/Xo. 342,814.

ORDKRS OF COMMI:. lONEll OF PENSIONS.

Order No. 10. October — , 1871.
Declarations will not be regarded as informal where the same purport
to have been executed before a clerk of court whose name has been
signed by the deputy as deputy.

Order No. 11. November IS, 1871.
No declaration or affidavit alleging or claiming title to pension, exe-
cuted subsequent to July 4, 1804, otherwise than before a court of rec-
ord, or beiore some officer thereof having custody of its seal, shall be
regarded as an application for pension under the provisions of section
6, act of July 27, 1868. But if executed prior (though not before a
court of record) and filed subsequently to July 4, 1864, it may be so
accepted.

DECLARATIONS, SUFFICIENCY OF.

DECISIONS OF THE SECRETARY OF THE INTERIOR.

1. Disease of lungs alleged ; discharged therefor; the report of a com-
petent board of examining surgeons, based upon a careful examination
of the soldier, showed that he had disease of heart, and that what had
formerly been sup])Osed to be lung disease was, in reality, disease of
heart : Held, that it is not to be supposed that claimants should be able
to determine the exact nature of a disease located within the chest,
whether it be of the lungs or heart, and that the allegation of lung dis-
ease should be hold to be sufficient to cover any disease of heart which
may be fouud to be due to the service.

Teuti liiT, Theodore. Ctf. Xo. 148,479. Schurz, C, Secretary. Mar. 21, 1878. Vol. 5, p. ;{7(;.

Liuu, George. Ctf. No. 105,157. Soliurz, C. Secretary. Oct. 5, 1878. Vol. 6, p. 126.

[NoTK — Umlcr tbo present practice of tin- Pension OfiBce claims in "which the priucipU- set tortli
in the above decision is involved are approved by the le;ial reviewers for "disease of ehesi,"
leaving the matter of namin4J the particular disease to the Medical Kefurce.)

PENSION LAWS, DECISIONS, &C. 171

DECLAEATIONS, SUFFICIENCY OF -Continued.

2. A claim for iuvalid peusioD, on account of rheumatism, was filed
November 18, 3879, and allowed in December, 1881.

In affirming, on appeal, the action of this Office in rejecting a claim
for increase of pension on the ground that there had been no increase
of disability from the alleged, rheumatism, it appeared that the appli-
cant had, in affidavits dated, respectively, November 3, 1870, and March
3, 1880, each executed before an officer authorized to administer oaths
for general purposes, and tiled in this office during those respective
months, alleged disability from chronic diarrhoea, a disease mentioned
in his declaration. Thereupon, it was decided that sufficient facts were
set forth in the affidavits alluded to to constitute a valid claim for that
disability.

Dawaon, Jacob R. Ctf.Xo. 201,16'J. Kiikwood, S. J.. Secretary. Mar. 31, 1882. Vol. 9, p. 146.

3. An applicant for pension for disability from an obscure disease
cannot be expected in all cases to assign correctly the cause or causes
from which his disability originated. The evidence presented in such
cases may be sufficient to show the incurrence of the disability for which
Ijension is claimed, in the line of duty in the service, without proof of
the particular cause or the nature of the disease from which disability
originated, but evidence on these points should be furnished when it is
practicable to do so.

Shepard, James H. Ctf. No. 233,30J. Teller, H. M., Secretary. Mar. 7, 1884. Vol. 11, p. 152.

4. The applicant claimed pension for disease of liver and bowels, the
results of typhoid fever, shown to have been contracted at the time and
place alleged, but from which he recovered in two or three months, and
no traces of that disease can now be found.

*' About a year after the attack of typhoid fever, he was sick with
chronic diarrhoea from which he continued to suffi?r until he was dis-
charged in consequence of disability produced by that disease." No
disability from that disease now exists, but the LMedical Keferee is of
the opinion that a disability therefrom did continue for some time after
discharge, and that '^should he allege that disability he should have at
least a short certificate for it."

On appeal it was held that " where a claim is made for disease of the
liver and bowels and the proof shows chronic diarrhoea there is no ma-
terial variance. This declaration may be regarded, therefore, as if it
had said the typhoid fever resulted in chronic diarrhoea."

'' Now the evidence presented does not establish any connection be-
tween the fever and diarrhoea. Nevertheless such a connection is by no
means improbable, and, even if it were, it is an established rule of the
Department that an applicant for pension shall not be held to a strictly
accurate pathology in setting forth the basis of the claim.

" I think there can be no doubt that the appellant intended to claim
pension for chronic diai rlioea and he may have had good reasons for be-

172 PENSION LAWS, DECISIONS, &C.

DECLARATIONS, SUFFICIENCY OF— Continued.

lieviug it to bo a result of the prior attack of typhoid. Whether or uot
it was a result is a matter of no practical importance.

"You will please allow pension for the disabilitj- caused by chronic
diarrhoea."

Skaggs, A. M. J. B. No. 174,730. Teller. H. M., Secretary. June 25, 1884. Vol. 11. i>. 305.

DECLARATIONS, SUPPLEMENTARY AND EXPLANATORY.

DECISIONS OF THE SECRETARY OF TIIE INTERIOR.

1. In an application for invalid pension filed in this office May 11,
18G7, pension was claimed on account of a shell wound of breast vQceWed
in battle September 20, 1863. An amended declaration was filed June
2G, 1882, in which it was alleged that the w^ouud received September
20, 1863, was in the head, over tjie left eye. The claim for wound of head
was allowed, pension commencing June 26, 1882, the date of filing the
amended declaration therefor.

It was claimed that the allegation of ^' wound in the hreaM,^^ contained
in the original declaration, was a clerical error, but it was decided, on
appeal, that the evidence in the case did not warrant that conclusion,
and the action of the office in fixing the date of the commencement of
the pension was approved.

Hutchinson, William W. Ctf. No. 216,508. Teller, H. M., Secretary. Apr. 13, 1883. Vol. 10, p. 292.

2. The claimant. Hurst, was discharged May 26, 1865. In his applica-
tion, filed June 15, 1880, he alleged that in the year 1864 '^ he was con-
fined in the Andersonville prison for six months, and his health was
very much impaired." August 17, 1881, he was called upon '' to name
the particular disease or cause of disability on account of which he
claimed pension." The call was repeated, and February 8, 1884, he
filed his affidavit, stating " that the particular diseases contracted in
the service, and for which he claims pension, are chronic diarrhoea and
rheumatism."

The question to be decided was whether the pension for the diseases
named shall commence from the date of discharge or from the date of
filing the affidavit, in which they were first aUeged in tliis office.

In determining the question on appeal, the following language is
used, viz : *' The affidavit filed in response to said call scarcely amounts
to an amendment of the original declaration. It is rather in the nature
of an explanation of language used in said original declaration, and as
such relates to and in eflect becomes a part of said declaration. But,
conceding that it is an amendment, it is such not for the purpose, nor
does it have the eftect, of changing the claim in any particular. It sim-
ply makes more certain and definite that which before was uncertain
and indefinite.

" In pension claims apjdicants should not be held to the strict rules
of pleading which would apply to a skillful attorney practicing before a

173

DECLARATIONS, SUPPLEMENTARY AND EXPLANATORY— Continued.

court, though even there the rules at common law relative to amendment
are liberal and within the discretion of the court.

*' Neither should they be held to strict description in technical terms
of the disabilities on account of which they seek pension.

*' The legal maxim with reference to written instruments that 'that
is sufficiently certain which can be made certain' is applicable to dec
larations for pension.

'' Hurst's amendment of explanation, as has been stated, did not
change his claim, nor did it add anything thereto.

" The declaration stated that his health was very much impaired
while in Andersonville prison. His subsequent affidavit explains by
what diseases it was impared. It thus gave your office data upon which
to proceed to intelligent and expeditious action in the claim. That is

all."

**♦**#*

'' The rule that an affidavit, in the nature of an explanation or of an
amendment, called for by your office in any pending claim to supply a
manifest omission or correct an evident error of statement, shall relate
to the declaration and be considered a part thereof, will hereafter govern
your office.

"Of course this rule would have no application in a case where the.
sui^plemental affidavit would have the effect of entirely changing the
character of the claim. Such affidavit must be germane in the declara-
tion."

The pension for chronic diarrhoea and rheumatism was made to com-
mence from date of discharge.

Hurat, Albert G. No. 378,296. Joslyn, M.L., Acting Secretary. July 28, 1884. Vol. 11, p.324.
RIJXINGS OF THE COMMISSIONER OF PENSIONS.

KULING No. 9. January 16, 1873.
The discrepancies existing in the declaration of the deceased invalid
cannot be explained or removed by the heirs and legal representatives.

EuLiNa No. 92. April 16, 1885.
In two declarations, one filed prior and the other subsequent to the
limitation imposed by the acts of January 25iind March 3, 1879, the
claimant alleged the same disability, but different manner and cause of
origin : Held^ that the first declaration exempts the claim from the limi-
tation referred to, and pension, if allowed, should be made to commence
from date of discharge.

Ham, John. App. No. 286,609.

Ruling No. 93. Ayril 16, 1885.
In a declaration filed prior to July 1, 1880, claimant alleged "/<st'<Jr,"
simply. In another declaration filed subsequent to said date he alleged
rheumatism : Held^ that the allegation as to '' fever " in the first decla-

174 l>ENSION LAWS, DECISIONS, &C.

DECLARATIONS, S-TJPPLEMENTARY AND EXPLANATORY— Continued.

ration is uot suflQcient to include rheumatism, and that the pension for
the latter disability, if allowed, must be made to commence from the
date of filing said second declaration alleging it.

Ortt, Elias. App. No. 335,726.

KULING No. 106. May 25, 1885.
Where, in a declaration filed prior to July 1, 1880, a certain disability
was alleged, and, in another declaration filed subsequent to said date, a
different disability was alleged : Held, that the second declaration could
not be accepted as an amendment to the first one, and that the pension
for the new disabilitj' alleged in said second declaration should be made
to commence from the date of filing said second declaration.

Howard, John. Ctf. No. 205,819 ; also similar ruling in case of D. C. Washburn. Ctf. No. 257,315.
June 1, 1881, and case of Remington. Ctf, No. 280,212.

Ruling No. 141. November 9, 1885.
In a case where a party claiming pension as the dependent father of
one son found that he could not prove the fact of said son's death and
asked leave to amend his original declaration by substituting the name
of another son, the fact and circumstances of whose deatli could be
readily established : Held, that leave to amend the original declaration
be granted. The essential thing in a case of this kind is the claim of
dependence. The first declaration, therefore, saves the claim from the
operation of the limitation fixed by the statute, and pension, if allowed,
will be made to commence on the day after the date of the death of the
soldier's mother.

Father of George W. Long. App. No. 327,187. Order book, p. 100.

DEFORMITY.

DECISION OF THE SECRETARY OF THE INTERIOR.

Deformity should be considered and included in the rate allowed in
claims for i)6nsions on account of gunshot wounds efface.

McGonisk, John. Ctf. No. 60, -^88. Chandler, Z., Secretai-y. Aug. 12, 1876. VoL4,p.367.

See Rates of Pension, par. 17.

DEPENDENCE.

Section 4707, Revised Statutes.

PENSION LAWS, DECISIONS, «ftC!. 175

DEPENDENCE— Continued.

I the following order of precedence, to receive the same pension as such
I person would have been entitled to had he been totally disabled, to
commence from the death of such person, namely : First, the mother ;
secondly, the father ; thirdly, orphan brothers and sisters under sixteen
years of age, who shall be pensioned jointly : Provided, That where or-
I phan children of the same parent have different guardians, or a portion
! of them only are under guardianship, the share of the joint pension to
j which each w^ard shall be entitled shall be paid to the guardian of such
ward : Provided, That if in any case said person shall have left father
and mother who are dependent upon him, then, on the death of the
mother, the father shall become entitled to the pension, commencing
from and after the death of the mother 5 and upon the death of the
mother and father, or upon the death of the father and the remarriage
of the mother, the dependent brothers and sisters under sixteen years
of age shall jointly become entitled to such pension until they attain
the age of sixteen years, respectively, commencing from the death or
remarriage of the party who had the prior right to the pension : Pro-
vided, That a mother shall be assumed to have been dependent upon
her son within the meaning of this section if, at the date of his death,
she had no other adequate means of support than the ordinary proceeds
of her own manual labor and the contributions of said son or of any
other persons not legally bound to aid in her support ; and if, by act-
ual contributions, or in any other way, the son had recognized his obli-
gations to aid in support of his mother, or was by law bound to such
support, and that a father or a minor brother or sister shall, in like man-
ner and under like conditions, be assumed to have been dependent, ex-
cept that the income which was derived or derivable from his actual or
possible manual labor shall be taken into account in estimating a father's
means of independent support : Provided further, That the pension al-
lowed to any person on account of his or her dependence, as hereinbe-
fore provided, shall not be paid for any period during which it shall not
be necessary as a means of adequate subsistence.

Sec. 13, 3 Mar. 1873; sees. 3, 4, 14 July, 1862; sec. 12, 6 June, 1866; sec. 1, 27 July, 1868.
DECISIONS OF THE SECRETARY OF THE INTERIOR.

1. Being shown when soldier died, need not be required for period
during which no pension can be paid.

Downing, Clarissa. App. No. 309,261. Delano, C, Secretary. June 30, 1874. Vol. 3, p. 253.

2.] Department of the Interior,

Washington, November 13, 1883.
Hon. W. W. Dudley,

- Commissioner of Pensions :

Sir: I have yours of the 24th ultimo, asking me for a proper and
uniform construction of section 4707, Eevised Statutes, concerning pen-
sions to dependent mothers.

176 PENSION LAWS, DECISIONS, &C.

DEPENDENCE— Continued.

Atnoug all civilized people there is a recognized moral obligation on
the son to support his dependent parents. This is not a common-law
duty, but is recognized by many of the States by statute. I believe,
however, that the statute is rarely resorted to, to compel the discharge
of this duty. Public opinion, which is usually more potent than statu-
tory law, would compel such support ordinarily without statutory aid.
In most cases the support so given is not the result of statutory law,
nor from the fear of public reprobation, but is induced by tbe love of
children for their parents. It is not a violent presumption to suppose
that every man who went into the Army would support his parents if
their necessities required him to do so. So you may, in the determina-
tion of these cases, accept as an established fact, that the loss of a son
has deprived the parents of the support of that son in their days of de-
pendence; not simply deprived them of the love and affection which
goes so far toward warding off from the declining years of the parent
many of the cares and annoyances of such a period, but that substantial
and material aid necessary for a comfortable support for old age. The
statute has, however, fixed the conditions or circumstances of the parties
claiming to be dependent; and your office must be governed by the
plain and unambiguous terms thereof; but in dealing with such cases
the suggestions I have made may be properly considered in determining
what is meant by the terms used in the statute. The statute was
enacted to give to dependent relatives some compensation for the dam-
age they had sustained by the loss of the person on whom they did in
fact depend, or might depend, under the law, for their support, and
must have a liberal construction so as to include all persons that from
all the circumstances and words of the statute the legislative mind must
have included at the time of its passage.

You ask, first ''What construction shall be put upon the term at date
of his death as regards mother's manual labor as adequate means of sup
port, and the contributions of said son, &c. Is this provision satisfied
if, at the date of enlistment of the soldier, claimant received support
from the son's labor in whole or in part, notwithstanding the fact that
for any reason the soldier did not actually send any of his wages, as a
soldier, home to her?"

To this I unhesitatingly answer, yes.

To the second, ''If the mother supported herself by her own manual
labor after soldier's enlistment, must actual contributions from him (or
from others not legally bound to aid in her support) after enlistment,
be shown in addition to the fact of her own manual labor?"

In most of the States, as before stated, the son is bound b^^ law to
support his dependent mother, and in said States it can only be neces-
sary to show that the mother supported herself by manual labor ; that
fact being established, she is a dependent mother. In States where no

177

DEPENDENCE— Continued.

such statute exists, the answer is not so easy, and each case must to
some degree depend upon the circumstances surrounding it. If the
mother had no adequate means of support except her own labor, she
was dependent on her son within the spirit of the statute, and theGov-
ernment becomes liable to pay her a pension, if by actual contribution,
or in any other way, the son had recognized his obligation to aid in the sup-
port of his mother. The words in any other way, are broad enough to
aMow considerable latitude in determining the dependency of the mother,
and doubtless it was the intention of Congress to give to the Department
the necessary latitude to determine the case on the broad and liberal
policy that Congress adopted with reference to the subject. It would
be manifestly unjust to allow the mother to receive a pension if she
would not be dependent on the son if living ; and it is equally unjust to
deprive the mother of that substantial aid which she would have re-
ceived if her son had lived.

Your third question is, " The soldier being a minor at date of enlist-
ment and up to date of his death, will the dependence of his mother or
father, and the legal obligation to aid in support of either of them be
presumed from such minority and necessity for support ? "

The son being a minor, the father was entitled to his services, or if
not living, the mother was entitled to his services. I think it consistent
with the spirit of the statute in such a case to allow the dependent
mother or father, as the case may be, a pension.

YoMV fourth question is, ^*Must actual contributions after enlistment
be proven, or may the recognition by the soldier of his obligations to
aid in the support of his mother be shown alternatively by letters from
soldier expressing his desire or intention to so contribute, to labor for
her comfort and maintenance when he returned, or assist otherwise in
her support ^ In what '• other way'' may such recognition of his obliga-
tions to aid in her support be shown?"

Actual contributions are not necessary. The expression of a desire
or an intention on the part of the soldier is sufbcient, and even less than
that will Suffice ; as, for instance, letters expressive of affection and in-
terest in her welfare, may be well considered as falling within the pro-
visions of the law, as otherwise recognizing his obligation to aid in her
support.

To your sixth question, "A son contributing with wages to support
his mother, enlists. He is wounded before sending wages (as a soldier)
home. The mother had no adequate means of support other than the
ordinary proceeds of her own manual labor, either at the date of the
son's enlistment, wounding, or death therefrom. He is discharged,
comes home, is totally incapacitated from manual labor and requires
regular aid and attendance, and is pensioned at $50 per month for said
4fealjilities, of which he mm cljes. Pining tUi^ I'^ceptjou pf W pepsioft
70X8 PEN— X3

178 PENSION LAWS, DECISIONS, &C.

DEPENDENCE— Continued.

he and his mother subsist thereupon. In other words he contributes to
her support of his pension granted him for his totally helpless condition
from his wounds, at the date of his death. Is this a proper contribution
at date of his death, and is this mother entitled ?"

I answer that the mother in that case and all others of like character
will be entitled to a pension.

As to question seven, '• What are adequate means of supi)ort as con-
templated by the statute T'

This must depend on the condition in life, and all the circumstances
surrounding the case ; what will be adequate support for one person
may not be for another. In every case it should be sufficient to support
the mother in that condition of life in which she has lived.
Very respectfully,

H. M. TELLER,

Seeretary,

BUI.ING OF THE COMMSISIONER OF PENSIONS.

EULiNa No. 12. December 16, 1876.

A contract made by a soldier to support relatives who may become
applicants for pension as dependent relatives under the provisions of
section 4707, Revised Statutes, shall not be taken to controvert the al-
legations of dependence and contribution, unless it is shown that tlio
money or property consideration actually transferred by the claimant as
his part of the contract was suflScient to and did render the claimant
independent of the soldier^s support at the time of the transfer of tlie
same.

A contract for support between a claimant and another, made subse-
quent to the death of the soldier on account of whom a dependent rel-
ative's pension has been granted or is claimed, shall operate to postpone
the allowance of the claim, or suspend payment of the pension, if already
allowed, for such time as the claimant or pensioner shall receive the sup-
port contracted for.

DEPENDENCE. (FATHERS.)

DECISIONS OF THE SECRETARY OF THE INTERIOR.

1. Income of $750 per annum destroys a father's right to pension.

Ell( good, W. W. B. App. No. 99,443. Cox, J. I)., Secretary. Doc. 10, 1869. Vol. 2, p. 148.

2. leather's right to pension not forfeited by his remarriage.

Frazier, George. App. No. 148,019. Delano, C. Secretary. May 27, 1871. Vol. 1, p. 108.

3. Mother, independent, not a pensioner and divorced, father is en-
titled if dependent.

rottle, Alonzo D. Ctf. No. 157,495. Delauo, C, Secretary. Mar. 23, 1874. Vol. 3, p. 143.

TENSION LAWS, DECISIONS, &C. 179

DEPENDENCE. (FATHERS)— Continued.

l. Of father not affected by value of second wife's pioi)eity, provided
she leases it.

Marsli, Clemcut (depeiideut father). Api). No. 191,109. Dtlano, C, Secretary. Apr. 28, 1875.
Vol. 5, p. 267.

5. Father not entitled to pension if ^Yife is a pensioner j he has a con-
tingent right to her pension.

ColoDy, George. App. No. 147,442. Chandler, Z., Secretary. Sept. 18, 1876. Vol. 4, p. 393.

G. Father in receipt of a salary entitled to pension if employer is un-
der no legal obligations to contribute to his support and regards the
payment thereof an act of charity.

Mendall, George S. App. No. 214,523. Gorham, Charles F., Acting Secretary. Oct. 14, 1876.
Vol. 4, p. 422.

7. Where father, during period of alleged dependence, received by
his earnings, on an average, $G00 per year: Held, that it was not a
case of dependence within the meaning of the law.

Billharty, Francis, father of Billharty, Francis J. App. No. 181,159. Gorham, Chas. F., Acting
Secretary. Nov. 4, 1876. Vol. 4, p. 444.

8. Pension to father commences from date of death of mother. The
acts of January 25 and March 3, 1879, do not authorize the payment to
the father of any portion of the pension to which the mother would have
been entitled had she survived.

McMillan, William. Ctf. No. 183,792. Schurz, C., Secretary. Oct. 10, 1879. Vol. 7, p. 16. (See,

also, case of Titus, Isaac S. Vol. 7, p. 385.)

9. Father's claim rejected upon facts presented, showing that at date
of son's death claimant was not disqualified for earning a support by his
own manual labor, except so far as his habits of intemperance interfered
therewith. Eejection affirmed.

Fuller, David II., father of Fuller, Joseph O. App. No. 199,149. Schurz, C, Secretary. Nov.-
22, 1879. Vol. 7, p. 77.

10. The law conferring title to pension upon the dependent relatives
of a soldier who has died, or may die, by reason of any wound, injury,
or disease incurred in the service and line of duty, expressly restricts
the benefits thereof to such relatives as were dependent ui)on him for
support, in whole or in part, at the date of his death.

There is no provision of existing law where a father or a mother who
was in independent circumstances at the time of the soldier's death, but
who, in consequence of reverses, sickness, or old age, has since become
destitute of the means of adequate support, is entitled to pension.

As there would seem to be no question that the appellant was able to
and did support himself and family at the date of the soldier's death
and for many years afterward, the rejection of his claim was in accord-
ance with the law, and is affirmed.

Wright, Holmes. No. 243,803. Teller, U. M., Secretary. Juno 30, 1884. Vol. 11, p. 308.

180 PENSION LAWS, DECISIONS, &C.

, ^X^V^a.K.^V^a.,K.,

DEPENDENCE. (FATHERS)— Continued.

11. The soldier enlisted March 12, and died June 15, 18G5. His
father's claim was filed May 26, 1880, and was rejected on the ground
that " he was not dependent for support upon the soldier at the time of
the latter's death." The father ^^was about forty-eight years of age
when the soldier died, and was not physically incapacitated for manual
labor. But about the time of the soldier's enlistment, and probably in
consequence of his enlistment, he began to exhibit slight symptoms of
mental derangement. After his son's death these symptoms increased,
and he has never been considered entirely sane since." In 18G4 he owned
a farm of the value of about $600, '*and the annual value of the prod-
ucts, according to the testimony of his neighbors, was not above $300.
As most of the appellant's labor was expended on the farm, it is prob-
able that sum represents very nearly his annual income."

The soldier was about twenty-one years of age when he enlisted and
" there were seven other children, none of whom were able to contribute
anything to the general support." The father was an industrious man,
but being ignorant he intrusted all business affairs to the soldier, and
they appear *' to have gone wrong from the time of the latter's enlist-
ment."

The soldier contributed freely to the support of the family before and
after enlistment.

In disposing of this case on appeal the following language is used,
viz : " It will not do to assume that every man who is not physically
disqualified for work, is able to earn an adequate support for his family.
His ability in that direction depends upon a variety of circumstances,
such as the size of the family, the kind of labor he is compelled to per-
form, and the rate of wages paid for such labor, and to a large extent,
upon what is generally termed * management.'

'• It w^ould seem to require no argument to prove that a family of eight
or nine persons could be made to subsist upon a rocky and sterile farm
of 25 acres only by incessant toil and skillful management. In this
case the skillful management as well as a share of the labor, was sup-
plied by the oldest son (the soldier). The deprivation of his labor alone
was probably a very serious matter, since it necessitated the employ-
ment of < hired help' which the place could ill afford, but no *hiredhelp'
could fill his place entirely. If his father depended upon him to attend
to the business of the place before his mental derangement commenced,
it is evident that after that his need of him must have been far greater."

McCarthy, Patrick. No. 266,145. Joslyn, M. L., Acting Secretary. July 23, 1884. Vol. 11, p.

818.

12. Where the mother of a soldier had, *' prior to the breaking out of
the rebellion," abandoned her husband and their children (including the
soldier) and it apj)earing from the evidence that the father ** had the sole
care aod custody of the children after being a baiido(ied by their mother,"
oud tUat be << w»8 tlepeniieut upon the boldiev for support mthm the

PENSION LAWS, DECISIONS, &C. 181

DEPENDENCE. (FATHERS)— Continued.

meaning of the law granting pensions to dependent parents,^' it was
held, on appeal, that such father was entitled to pension.

Taylor, David. No. 215,028. Lamar, L. Q. C, Secretary. Mar. 24, 1885. Vol. 11, p. 475.
RULINGS or THE COMMSSSIONER OF PENSIONS.

RuLiNa No. 70. November 17^ 1871.
"Application of father for pension, filed during the life- time of the
mother, cannot be revived after her death. A new application by the
father is required."

Ruling l^o. 115. June 8, 1885.
" Where party claiming to be the dependent father of a deceased
soldier married a widow possessing a dower right in a good farm and
other property, from which he derived a comfortable support during the
life-time of his said wife, he should be regarded as having been inde-
pendent, and his pension should be deducted during said time, but should
be restored to him when it is shown he again became dependent after
the death of said wife."

Smith, James M. App. No. 262,102.

KULING No. 117. June 11, 1885.
A soldier in receipt of pay, clothing, and rations, according to his
rank, may be considered dependent upon certain conditions. If there
were a number of dependent children and the father had no other in- *
come from which they could be supported, the fact that the father was
receiving the pay of a private soldier should not be taken as conclusive
evidence of non-dependence. This view is fortified by the historical
fact, that during much of the time occupied by the war of the rebellion
the currency of the United States, in which the soldiers were paid, was
at a very great discount. In estimating the sufficiency of a father's in-
come, those who are legall^^ dependent upon him must be taken into
account ; they cannot be separated from him. In all cases of this kind
there should, of course, be a deduction in accordance with the provis-
ions of sections 4715 and 4724, Revised Statutes.

Cole, Lorenzo D. (dep. father). App. No. 272,041. (Inv. ctf. No. 17,673.)

[Note.— See Ruling No. 11 under head of Dependence, (Mothers).]
DEPENDENCE. (MOTHERS).

DECISIONS OF THE SECRETARY OP THE INTERIOR.

1. Must be proven by soldier's contributions for the support of the
party applying. (Reversed.)

Income of $107.46 does not constitute an independence in case of
mothers.

Wilson, Siisan. Ctf. No. 85,605. Browning, O. H., Secrotarj-. Jan. 20, 1809. Vol. 2, pp. 89, 130.

182 PENSION LAWS, DECISIONS, &C.

DEPENDENCE. (MOTHERS)— Continued.

2. Not affected by bnsbaiid's drawiug a i)eDsion for disability if de-
peudence of mother upon sou be proved.

Stewart, Mary E. Ctf.No.455. Cox. J. D., Secretary. Sept. 14, 18G9. Vol. 2, p. 130.

3. (1) lu mothers' claims, under said act (March 3, 1873), section thir-
teen,* it must be shown : (1) Tliat the claimant, at the date of the death
of the son, had no other adequate me.ms of support than the ordinary
proceeds of her own manual labor and the contributions of the son or
of others. not legally bound to aid in her support; (2) that the son had
recognized his obligations to aid in support of said mother or was by
law bound to such support ; (3) that the necessity of the pension as a
means of adequate subsistence exists.

(2) The requirement is divisible thus : (1) Proof of the absence, at
the time of the son's death, of other resources than those of her own
labor 5 (2) proof that besides the son or person or persons (bound as a
minor, or as minors, or by any other legal conditions, self imposed or
otherwise, to aid in her support) individually or jointly-, contributed
sufficient to secure to her adequate means of subsistence.

(3) The second requirement is divisible thus: (1) Proof of recognition
by the son of his obligation to support the claimant (either by evidence
of his oral or written statement) or of regular contributions, either of
labor or money, or other things necessary to the subsistence of the
mother, before his enlistment, and (unless it be shown that he received
'no pay) during his service; (2) or that the son, by reason of his minor-
ity, or under other legal obligations was bound to (the) support (of) his
mother.

(4) The third requirement is the same as the first, extended to the time
of application for pension.

Ault, Mary. Ctf. Is^o. 51,844. Delano, C, Secretary. Apr. 17, 1873. Vol. 1, p. .345.

4. Income of $540 per annum by a mother does not defeat her claim,
she being seventy-two years of age, and has two unmarried daughters
dependent upon her for support.

Pile, Mrs. Eastwood, Delano, C, Secretary. Mar. 19, 1874. Vol. 4, p. 368.

5. Not established if shown in evidence that mother executed notes
to the son for the amount transmitted by him.

Weeks, Maria. Delano, C, Secretary. Aujr. 28, 1875. Vol. 3, p. 108.

6. Where claimant, the mother of soldier, prior to son's death; and
subsequent thereto, had a home and an average annual income of more
than $300 : Held^ that this was not a case of dependence, and should
be rejected.

Tennant, Jano, mother of Tennant, Thos. App. No. 1,171. Boll, A., Acting Secretary. Oct. '21.
1878. Vol.0, p. 149.

7. Claim of mother rejected upon facts presented showing that prior
to sou's death, and subsequent thereto, the father was regularly eni-

* Now section 4707, Revised Statutes.

PENSION LAWS, DKCISIONS, \C. 183

DEPENDENCE. (MOTHERS)— Continued.

ployed at a compensation of $2.25 per day, and that lie owned a house in
Avliicb be and claimant lived. Rejection affirmed.

Allen, Mrs. Electa, mother of Allcu, Isaac M. App. No. 2o3,J4G. Scburz, C, Secretary. Nov.
24, 1879. Vol. 7, p. 79.

8. Mother's claim, based upon dependence, rejected by tbe office upon
tbe ground tbat sbe was not, at tbe date of tbe soldier's death, depend-
ent upon hiin for support, for tbe reason that the husband, at tbe date
of the soldier's death, and subsequent thereto, was constantly employed
at tbe maximum wages for the class of workmen to which he belonged,
althongb gradually his wages were somewhat reduced because of ad-
vancing years and failing strength. Rejection affirmed.

Tobiu, Mr.s. Ann, mother of Tobln, Thomas. Ajjp. No. 213,046. Scburz, C, Secretary. Jan. 28,

1880. Voh 7, p. 193.

0. Where the father received an annual income varying fr )m $600 to
$800, prior and subsequent to tbe death of his son, together with board
for himself and wife : Held^ that this was not a case of dependence
within tbe meaning of tbe law, and rejection affirmed.

French, Mrs. E. (Navy— dependent). App. No. 2,423. Scburz, C, Secretary. May 7, 1880
Vol. 7, p. 331.

10. In a mother's claim where the proof showed that prior to and at
tbe date of son's death, the father averaged only about $250 per year
from his earnings : Held, that tlie action of the office was erroneous
in rejecting the claim, and that the case was one of dependence within
the meaning of tbe law.

Trimble, Sarah, mother of Trimble, George. App. No. 233,427. Scburz, C, Secretary. Dec. 18,
1880. Vol. 8, p. 80.

11. " There is no authority of law for allowance of pension to a depend-
ent mother for any period prior to the date of death of the son on whose
account she is pensioned ; " and, he having had no claim for pension
on file at tbe date of bis death, her claim for arrears under the provis-
ions of the acts of January 25 and March 3, 1879, was properly re-
jected.

Westbrook, Sarah A. Ctf. No. 165,620. Kirkwood, S. J., Secretary. Sept. 29, 1881. Vol. 8,
p. 420.

12. In the case of a claimant as dependent mother who had a husband
bving at the date of the son's death, the husband being by law bound
to the sai)port of his wife so long as she is not delinquent in her duty
towards him, it is necessary in deciding upon her right to pension to
take into consideration the sufficiency of the maintenance provided by
her husband. If he furnished her an adequate sustenance at tbe date
of the son's death she was not dependent ; if he failed to do so, wholly
or in part, the other requirements of the section (4707, R..S.) being satis-
lied, she was dependent ui)on the son within tbe meaning of the law to
llie extent of such failure.

Morehouse, Mary. No. 15.5,910. Kirkwood, S. J., Secretary. Feb. 11, 1882. Vol. 9, p. 98.

184 PENSION LAWS, DECISIONS, &C.

DEPENDENCE. (MOTHERS)— Continued.

13. The soldier, an only son of a widowed mother, died August 6, 1861,
while in the service. Prior to his death he *^ sent to his mother his pay-
roll and orders to obtain a portion of his pay." At the time of his death
all the property she possessed was $4,500, invested at 7 per cent, interest
($315 per annum), and some unproductive lands in Texas. She had no

other source of income except what she derived from her son. She
could derive nothing from the sale of the Texas lands during the war,
and has not received since its close to exceed $1,000 therefrom.

On appeal it was held that, '*in view of all the facts in this case, it
must be conceded that the income derived from the $4,500 was inade-
quate to support the appellant in that condition of life in which she was
living prior to and at the date of her son's death," and for that reason
the allowance of the claim was directed.

Prescott, Mary A. No. 249,491. Teller, H. M., Secretary. Dec. 26, 1883. Vol. 11, p. 102.

14. The soldier enlisted February 8, 1865, and was discharged July 2,
1865, and died March 18, 1878, of consumption contracted in the service,
without having made any application for pension. At the time of his
enlistment he was seventeen years of age, and living at home with his
parents, whose family consisted of themselves and seven children, in-
cluding the soldier, ranging from six to twenty three years of age;
that previous to his enlistment he worked at home part of the time, and
part of the time he worked out for wages, and his work and wages were
appropriated for the common support of the family, and after his enlist-
ment he contributed $200 or $300 of his bounty money to the same ob-
ject.

Theproperty of the father consisted of 80 acres of land, valued at $500,
and personal property assessed at $400.

From the date of his discharge to that of his death the soldier resided
with his parents, and, notwithstanding his disease, was able to and did
perform more or less labor, and did, in that way, contribute to the com-
mon support of the family. It also appears that for some time previous
to his death he became " entirely disabled, by reason of his said disease,
from labor, and during this latter period he was supported and taken
care of by his father and mother." * * * At the time of his death
the entire property of his father " consisted of a team, three cows, house-
hold furniture, &c.," of the taxable value of less than $1,000 for any year
from 1878 to 1882, inclusive. Since 1862 the father had not been able
to perform hard manual labor, and since 1872 has become more disabled,
and now can only do light work.

In deciding the case on appeal it was held, substantially, that the
mother was dependent, in part, on the soldier for support at the time he
contracted his fatal disease in the Army, and his contributions were
rendered necessary by the poor health of the father, the small amount of
his means, and the largeness of his family, and that if he had died or

PENSION LAWS, DECISIONS, 6zC. . 185

DEPENDENCE. (MOTHERS)— Continued.

been killed in the service, there would be no question about his title to
pension. And the fact that he had become financially and x)hysically
unable to make further contributions, and in fact had become dependent
upon his parents for his own support, ought not to deprive her of her
right to i>ension.

'^ It is believed that the letter of the law, ^dependent upon the son at
the date of his death, in icholeor in part,'' relates more to the wants and
necessities of the mother for aid from the son than it does to the son's

physical ability to render such aid.

# # * * * * #

'^It is not supposed that Congress intended, by this law, to provide
a pension for a dependent mother of a soldier who had died, or who
should die after the passage of the law, of wounds or disease contracted
in the service who maintained the physical ability to support himself
and contribute to the support of the mother, and deny pension to the
mother of a soldier whose wound or disease was of a character to to-
tally disable him from supporting himself or to contribute to the support
of the mother."

Cameron, Margaret. No. 256,290. Teller, H. M., Secretary. Dec. 26, 1883. Vol. 11, p. 107.

See Mothers.

RULINGS OF THE COMMISSIONER OF PENSIONS.

EULINO Ko. 11. October 16, 1876.
The presumption that an able-bodied man is able to and does sup-
port his wife and family dependent upon him, when in civil life, will
not be held to exist if he is in the military service. The actual facts
should be inquired into in such cases.

KULINO No. 86. April 7, 1885.
A woman cannot receive pension as a widow and as a dependent
mother at the same time. She can elect which one of the two claims
she will perfect in case neither of said claims has been allowed. (See
sec. 4715, E. S.)

Mother of Albert Shields. App. No. 254,689.

Ruling No. 98. May 1, 1885.
The presumption of the common law is that a husband supports his
wife; the dependent period, therefore, ceases upon her remarriage and
pension should be withheld after the date of such remarriage. (See 4th
proviso, sec. 4707, and sec. 4708, R. S.)

Mother of F. M. Andrewa. App. No. 271, 3&3.

Ruling No. 105. May 20, 1885.
Where soldier died in service, and, about the date of his enlistment
his father and mother separated, the mother leaving home and joining
a man with whom she has continued to live and cohabit to the present

186 , PENSION LAWS, BECISTONS, &C

, ^^^V^^...XV^^,K^,

DEPENDENCE. (MOTHERS)— Continued.

time: Ueldj that tliivS reliitiou of mistress and paramour precludes the
idea of the dependeuce of the mother on tlie soldier, and her claim, for
that reason, should be rejected.

Mother of "Walter Ingerick. App. No. 217,181 .

Ruling No. 114. June 8, 1885.
Father and son were in same companj' and regiment. The son died
shortly after discharge and his mother filed an application for pension
on account of his death. In 1873 the father filed an application for in-
valid pension on account of disability which lie contracted in the serv-
ice. Both claims were admitted at the same time and the amount of
money paid to the father and mother, on first payment was in the
neighborhood of $4,000: Held, that the receipt of said sum by the sol-
dier's mother and father, under the circumstances stated, did not create
a condition of independence so far as the mother's title to pension is
concerned.

Mother of Nathan E. Crane. App. No. 178,134.

Eulino No. IGO. December 21, 1885.

In this case it appears that claimant and her husband were possessed
of a small estate, valued at about $1,000; that having sold one-half of
it, they deeded .the remaining half to one Staftbrd, in consideration
of a life maintenance of the claimant and her husband by the said Staf-
ford. This contract was entered into June 22, 1882, and the declaration
for pension was filed January 4, 1883. While it is not definitely stated,
it appears that said contract remained in force until about September,
1883.

The question presented is as to the claimant's right to pension during
the period for which maintenance was thus furnished by Stafford, the
consideration therefor being held by some to have been insufficient.

The Commissioner Held that the insufficiency of the consideration
does not enter into the question so long as the contract was complied
with by Stafford, it not appearing that he was bound by duty and afibc-
tion to assist the claimant. The transaction was purely a business one,
and the pension, if granted, should be withheld during said period of
non-dependence.

Mother of John M. Avery. App. No. 302,537.

DEPENDENT RELATIVES OF COLORED SOLDIERS.

DECISIONS OF THE SECRETARY OF THE INTERIOR.

I. In all claims for pension of dependent relatives of colored soldiers
in the late war of the rebellion, the same rights which are conferred by
existing laws upon such soldiers shall be extended to their relatives.
In other words, that, in any case wherein the soldier would have been
entitled to invalid pension, had he lived to apply therefor, his depend-

I>ENSION LAWS, DECISIONS, &C. 187

DEPENDENT RELATIVES OF COLORED SOLDIERS— Continued.

tut relatives shall be eutitled to pension upon the same evidence, &c.,
as would be accepted as sufficient to entitle the dependent relative of
a white soldier.

Brj-ant, Mary. App. No. 217,926. Chandler, Z. , Secretary. Nov. 5, 3875. Vol. 4, p. 142.

2. Where mother of soldier was a slave, and the son from date of
enlishnent to date of death was separated from her by the lines of the
Army: Held, that under the circumstances stated, it has no important
bearing upon the case that he did not contribute to her support during
the period referred to. (See sec. 4723, K. S.)

Mother of Henry W. Harrison, App. No. 235,060. Schurz, C, Secretary. Dec. 5, 1879. Vol. 7,
p. 98.

DEPUTY PROVOST MARSHALS.

See Civilians in Service of a Quasi-military Charac-
ter, j?ar. 11.

DESERTION.

Section 4749, Revised Statutes.

]^o soldier or sailor shall be taken or held to be a deserter from the
Army or Navy who faithfully served according to his enlistment until
the nineteenth day of April, eighteen hundred and sixty-five, and who,
without proper authority or leave first obtained, quit his command or
refused to serve after that datej but nothing herein contained shall
operate as a remission of any forfeiture incurred by any such soldier or
sailor of his i)ension ; but this section shall be construed solely as a re-
moval of any disability such soldier or sailor may have incurred by the
loss of his citizenship in consequence of his desertion.

Actl9 July, 1867.

Act of August 7, 1882.

Be it enacted hy the Senate and House of Representatives of the United
States of America in Congress assembled, That the charge of desertion
now standing on the rolls and records in the office of the Adjutant-Gen-
eral of the United States against any soldier who served in the late
war in the volunteer service shall be removed in all cases where it shall
be made to appear to the satisfaction of the Secretary of War, from such
rolls and records, or from other satisfactory testimony, that any such
soldier served faithtully until the expiration of his term of enlistment,
or until the 22d day of May, anno Domini 1865, or was prevented from
completing his term of service by reason of wounds received or disease
contracted in the line of duty, but who, by reason of absence from his
command at the time the same was mustered out, failed to be mustered
out and to receive an honorable discharge.

Sec. 2. That the charge of desertion standingon the rolls and records
in the office of the Adjutant General of the United States against any

188 PENSION LAWS, DECISIONS, ScC.

DESERTION— Continued.

soldier who served iu the late war in tlie voluuteer service shall also be
removed iu all cases where it shall be made to appear to the satisfaction
of the Secretary of War, from such rolls and records, or from other
satisfactory testimony, that such soldier charged with desertion or with
absence without leave did not intend to desert, and after such charge of
desertion or absence without leave voluntarily returned to his command
and served in the line of his duty until he was mustered out of the serv-
ice and received a certificate of honorable discharge.

Sec. 3. That in all cases where the charge of desertion shall be re-
moved under the provisions of this act from the record of any soldier
who has not received a certificate of discharge, it shall be the duty of the
Adjutant General of the United States to issue to such soldier, or in
case of his death, to his heirs or legal representatives, a certificate of
discharge.

Sec. 4. That when the charge of desertion shall be removed under
the provisions of this act from the record of any soldier, such soldier,
or in case of his death, the heirs or legal representatives of such soldier,
shall receive all pay and bounty which may have been withheld on ac-
count of such charge of desertion or absence without leave : Provided,
however, That this act shall not be so construed as to give to any such
soldier as may be entitled to relief under the provisions of this act, or,
in the case of his death, to the heirs or legal representatives of any
such soldier, the right to receive pay and bounty for any period of
time during which such soldier was absent from his command without
leave of absence : And provided further, That no soldier nor the heirs
nor legal representatives of any soldier, who served in the Army a pe-
riod of less than twelve months, or who intentionally deserted, shall be
entitled to the benefit of the provisions of this act.

Sec. 5. That all acts and parts of acts inconsistent with the provis-
ions of this act are hereby repealed.

Actof July5, 1884.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the charge of desertion
now standing on the rolls and records in the office of the Adjutant
General of the United States against any soldier who served in the late
war in the volunteer service shall be removed in all cases where it shall
be made to appear to the satisfaction of the Secretary of War, from
such rolls and records, or from other satisfactory testimony, that any
such soldier served faithfully until the expiration of his term of enlist-
ment, or until the first day of May, anno Domini eighteen hundred and
sixty-five, having previously served six months or more, or was pre-
vented from completing his term of seivice by reiison of wounds re-
ceived or disease contracted in the line of duty, but who, by reason of
absence from his command at the time tho. same was mustered out,

PENSION LAWS, DECISIONS, &C. 189

DESERTION— Continued.

failed to be mustered out and to receive an honorable discharge : Pro-
vided, That no soldier shall be relieved under this section who, not be-
ing sick or wounded, left his command without proper authority whilst
the same was in the presence of the enemy.

Sec. 2. That the Secretary of War is hereby authorized to remove
the charge of desertion from the records of any soldier in the late war
upon proper application therefor and satisfactory proof in the following
cases :

First. That such soldier, after such charge of desertion was made,
and within a reasonable time thereafter, voluntarily returned to his com-
mand and served faithfully to the end of his term of service.

Second. That such soldier absented himself without proper authority
from hospital, or from furlough given from hospital, while sufiering from
wounds, injuries, or disease received or contracted in the service in the
line of duty, and, on recover}^, voluntarily returned to his command and
served faithfully until discharged, or died from such wounds, injury, or
disease while so absent and before the date of the muster out of his com-
mand.

Third. That such soldier absented himself without proper authority
from furlough given by proper authority and while so absent died from
wounds, injury, or disease received or contracted in the service in the
line of duty before the muster out of his command.

Sec. 3. That in all cases where the charge of desertion shall be re-
moved under the provisions of this act from the record of any soldier
who has not received a certificate of discharge, it shall be the duty of
the Adjutant General of the United States to issue to such soldier, or,
in case of his death, to his heirs or legal representatives, a certificate
of discharge.

Sec. 4. That when the charge of desertion shall be removed under
the provisions of this act from the record of any soldier, such soldier,
or, in case of his death, the heirs or legal representatives of such soldier,
shall receive the pay and bounty due to such soldier : Provided, hoicever,
That this act shall not be so construed as to give to any such soldier,
or, in case of his death, to the heirs or legal representatives of any such
soldier, any pay, bounty, or allowance for any period of time during
which such soldier was absent from his command without proper au-
thority, nor shall it be so construed as to give any pay, bounty, or al-
lowance to any soldier, his heirs or legal representatives, who served
in the Army a period of less than six months.

Sec. 5. That all applications for relief under this act shall be made
to and filed with the Secretary of War within the period of fiv^e years
from and after its passage, and all applications not so made and filed
within said term of five years shall be forever barrecl and shall not b^

190 PENSION LAWS, DECISIONS, &C.

DESERTION— Continued.

Sfx\ G. That all acts and parts of acts inconsistent witli the provis-
ions of this act are hereby repealed.

DECISIONS OP THE SECRETARY OF THE rNTEKIOR.

1. Bars claim of widow, notwithstanding soldier returned to service
in a different organization, under an assumed name, as a substitute.

Smart, AbigailJ. App. No. 80,449. Usher, J. P., Secretary. May 7, 18G4. Vol. 2, p. 174.

2. No bar to pension to widow if soldier returned to service and was
killed in line of duty.

Burns, Sarah J. App. No. 80,419. Browninj;, O. H., Secretary. Oct. 8, 1867. Vol. 2, p. 49.

3. Bars claim if soldier, after contraction of disability, while on fur-
lough, deserted.

Huling, Stephen D. No. 94,149. Cox, J. D., Secretary. July 1, 1869. Vol. 2, p. 120.

4. Department of the Interior,

WasJdngton, D. C, June 9, 1875.

Sir : I have received and considered a report from your office dated
the 17th of April last, re-submitting the papers in the rejected claim for
pension, "No. 200,696,* of Mrs. Jane Gonroy, as dependent mother of
James B. Oonroy, late a sergeant in Company H, 183d Pennsylvania
Volunteers.

The case was before the Department on appeal in December last, and
on the 2d of that month I affirmed the rejection of the claim upon the
ground that a record of desertion or dishonorable discharge against a
claimant for pension must be corrected before the claim should be al-
lowed.

Acting upon incorrect information furnished at the time by your office
I arrived at the erroneous conclusion that the uniform practice of the
Department had been for many years to regard such a record as a bar
to pension. I find, however, upon carefully examining the several de-
cisions made in such cases by the Department, that the practice of your
office during the past eight years has been to reject a claim for pension
if it appeared that the soldier had deserted or had been dishonorably
discharged from the term of service during which the disability was
incurred, or where the soldier deserted and it did not appear that he
ever returned to duty, or was regularly discharged from the service.
This practice has been sanctioned by my two immediate predecessors
*HCox, J. D., and Browning, O. H.)," and meets with my approval, but,
after a full consideration of all (he statutes bearing upon the question
I am of the opinion that a broader view thereof should be taken, and
that the character of the soldier^s service should have no bearing what-
ever upon his right to pension.

It appears from the papers in- the Conroy case that the claim was re-
jected by your office because the deceased soldier, while holding the

^~*CtfrNo. 171,088^

PENSION LAW8, DECISIONS, &C. li)l

DESERTION— Continued.

raok of first lieutenant, was cashiered pursuant to the sentence of a
general court-martial.

The disability imposed by such sentence was, however, subsequently
removed so far as to allow him to re-enter the service, and the pai^ers
show that he re-enlisted in a subordinate rank, served creditably, and
was honorably discharged from the latter service.

During his first term of service (from which he was dishonorably
discharged) he contracted the disability which, it is alleged, resulted
in his death.

While it is true that cashiering involves a dishonorable discharge
from the service, there is no statute which, in terms, imposes upon a
dishonorably discharged soldier of the late rebellion a disability to re-
ceive a pension, provided he be disabled by disease contracted or wounds
received while in the line of duty as a soldier. The act of July 14, 1862,
grants a pension to any officer of the Army, who, since March 4, 1861,
has been disabled while in the service and in the line of duty. Neither
that act nor any subsequent act of Congress amendatory thereof or
supplementary thereto contains any f)rovision whatever by which a
pension is denied to a disabled soldier of the war of 1861 because he
was dishonorably discharged. The allowance and payment of pension
to such a soldier is conditioned alone upon proof of disability incurred
in the service and line of duty.

In view of the absence in said statutes of any prohibition of the nat-
ure referred to, it is fair to inier that no discrimination was contem-
plated in their enactment against an otherwise deserving applicant for
pension by reason of his dishonorable discharge. Such an inference is
supi)orted by the fact that in several statutes passed before and since
the late rebellion special exemi)tions are made in regard to pensions and
bounties. For example, the act of March 23, 17«2, restricts the allow-
ance of pension to '•'• those" who " did not desert the said service," and the
same restriction, in the same words, is contained in the act of April 10,
1806. The act of March 3, 1855, granting bounty-land, provides that
^^ the person so having been in service, shall not receive said land-war-
rant if it shall appear by the muster-rolls of his regiment or corps that
he deserted or was dishonorably discharged from service," and the joint
resolution of March 3, 1871, directs the withholding of certain moneys
from deserters. It has been decided, however, by the First Comptroller
of the Treasury that this last restriction does not apply to pensions.

The statutes conferring and regulating pensions, passed since March
4, 1861, are absolutely silent in regard to the class of persons under
consideration. Desertion forfeits the right to bounty, and properly so,
even if the law were silent, because bounty is a reward promised by
the Government for certain service under an implied contract, which
required of the soldier a continuous service, until the expiration of the
term of enlistment, and desertion is a violation of such contract by the

192

DESERTION— Continued.

soldier, wliicb justifies the Goverument in witbholdiug the stipulated
consideration. A pension, however, is no part of the contract for serv-
ice. It is a payment for loss of physical ability to earn a livelihood,
determined solely by the degree of disability, and not, in any sense, a
reward for good conduct. The character of the discharge, whether
honorable or dishonorable, indicating good or bad character, can have
no bearing whatever on the nature and extent of the disability, which
alone decides the right to pension. This is clear from the language of
the act of July 14, 1862, as follows : "Any officer," &c., "who has been
disabled by reason of any wound received or disease contracted wliile
in the service of the United States * * * shall * * * be placed
upon the list of invalid pensioners, &c." No reference to his character
as a soldier or to the terms of his discharge is made, but it is the dis-
ability alone which entitles him to pension. It is apparent from the
foregoing that the right of Conroy to a pension was not forfeited by
his dishonorable discharge, and that, if the claim be otherwise estab-
lished, his mother is entitled to pension on account of his death.
The future practise of your office will conform to the foregoing views.

O. DELANO,

Secretary.
The Commissioner of Pensions.

5. Where a soldier deserted and was restored to duty without a trial,
and while en route to his company contracts a disability : Held^ that
claim should be rejected on the ground that during the period when the
disability was contracted he was regarded as a deserter by the War
Department.

Lamprecht, llerman. App. No. 175,725. Bell, A., Acting Secretary. Sept. 18, 1877. Vol. 5,
p. 223.

6. Where the records show that a soldier was a deserter at the date
of the discharge and muster out of the organization to which he be-
longed his widow has no title to pension.

Porter, Sarah E„ widow of Porter, Frank W. App. No. 176,852. Schurz, C, Secretary. July 6,
1878. VoL6, p.20. (Fide Wayne, Wm. App. No. 162,434. Delano, C, Secretary. Feb.
27, 1873. Vol. 1, p. 299.)

7. From a prior service to that in which the disability was incurred
is a bar to pension, party having re-enlisted in violation of twenty-sec-
ond article of war. See section 1342, article 50, Revised Statutes.

Butts, Alexander. App. No. 203,506. Schurz, C, Secretary. Nov. 5, 1879. Vol.7, p. 51.

8. Where soldier was captured while a deserter from his company
and died in rebel prison hospital : Eeld^ that his widow was not en-
titled to pension, upon the ground that the soldier did not die of disease
contracted in the line of duty,*

Gragg, Caroline. App. No. 287.405, Sol!ur»i. C, Secretary. Feb. 27, 1880. Vol. 7, p. 235. (Vidt
Knifibt, Margoret C, widow of Knlglit, JIftiTisoft. App, J{q, 8J),69(}, gfibv!!, C, Seoretftry,
Bept.4,;878. Vol fl, p. 90.)

PENSION LAWS, DECISIONS, dcC. 193

ESERTION— Continued.

9. Desertion from a service prior to that in which the disability was
incurred is not a bar to pension. (Overruling decision in the Butts case.)

Brush, Jcimes H., alias Judd, Jesse L. Ctf. No. 107,574. Schurz, C, Secretary. May 20, 1880.
Vol. 7, p. 304.

[KOTE.— In this decision the honorable Secretary takes the ground that the intention of the sol-
dier, at the time he left the first service, has much to do in estimating the gravity of the of-
fense; that existing laws grant a pension to those who served in the rel)eniou, and who sub-
sequently voluntarily enlisted in the Army of the United States, and while in such service
incurred a disability in the lino ot duty, and that it is certainly not the intent of the law to
giant more to a soldier who had formerly participated in the rebellion than to one who had
simply been guilty of a dereliction of duty in the service of the United States.]

10. Where a party incurs a disability in one service and subsequently
re-enlists and deserts from another : Held, that right to pension accrued
on the date of his discharge from the service in which the disability
was incurred, and that when claim for restoration is established the
pension should be allowed from the date his pay for military service
ceased.

Kobbius, Benjamin. Ctf. No. 59,797. Schurz, C, Secretary. Apr. 16, 1880. Vol. 7, p. 290.

[NOTK.— At the time of his second enlistment liobbins was receiving a pension for a disability
which ho incurred in his first service and in the line of duty in that service, from which he
also had an honorable discharge. His title to pension for that disability was not forfeited by
his subsequent desertion from a second service, and when his pension was restored, undertho
above decision, the period between the date of his second enlistment and the date to which
he was last paid as a soldier in said second service was deducted.]

See Line of Duty, par. 14 (4), and Special Acts, par. 18.

RULINGS OF THE COMMISSIOIS^ER OF PENSIONS.

EULING No. 13. December 8, 1871.

The fact of honorable discharge is not accepted by this office as evi-
dence to remove charge of desertion.

The fact of a soldier being reported as absent without leave, .on the
records of a hospital, does not constitute desertion.

The fact of a soldier not returning from furlough to the command
from which he was furloughed does not, of itself, constitute desertion.

EULING- No. 14. August 10, 1875.
The record of desertion shall not operate as a bar to a claim for pen-
sion where the disability or death cause shall have been incurred in
the service and line of duty after the soldier's return to the service,
even though such service may have been subsequent to the date at
which his original term of enlistment would have, expired had his serv-
ice been continuous.

KULING No. 110. June^, 1885.
Where a soldier deserted from one service and subsequently re-en-
listed and contracted a disability in another: Held,, that, inasmuch as
the War Department declines to recognize the second service as legal,
the re-enlistment therein having been in violation of the 22d article of
war, the claim for pension for disability contracted in said second serv'

7018 PEN 13

194 PENSION LAWS, DECISIONS, &C.

DESERTION— Continued.

ice must be rejected upon the ground that, at the date of its incurreuce,
the claimant was not in the line of duty, he having been at that time a
deserter from his first service.

Moon, John. App. Xo. 275,206.

[Note. — The 22d article of war, above referred to is as follows:

ARTICLES OF WAR,

Art. 22. No non-commissioned officer or soldier shall enlist himself in any other regiment, troop,
or company, without a regular discharge from the regiment, troop, or company in which he
last served, on the penalty of being reputed a deserter, and suffering accordingly. And in-
case any officer shall knowingly receive and entertain such non-commissioned officer or sol-
dier, or shall not, after his being discovered to be a deserter, immediately confine him, and
give notice thereof to the corps in which he last served, the said officer shall by a court-mar-
tial be cashiered. (Now article 50, section 1342, Revised Statutes.)]

Ruling No. 111. June 1, 1885.
Where soldier entered the service as a substitute, deserted on his way
to join his regiment, and having been captured, tried by court-martial,
and sentenced, among other things, to make good the time lost by de-
sertion, and during service under said sentence contracted a disability :
Held., that his service under the sentence of the court-martial was the
penalty of his violation of military law, and he is responsible for all or-
dinary consequences to himself while paying such penalty. He was
merely making good the time lost by reason of his bad conduct which
he would not have had to do had he served in good faith.

Smith, Nelson. App. No. 484,830.

Ruling No. 119. June 12, 1885.
Where soldier enlisted as a substitute and deserted from an organi-
zation which had been mustered out of the service prior to the date of
his sa;d enlistment : Beld^ that inasmuch as the organization into which
the soldier enlisted had no existence in fact on the date of said enlist-
ment there was really no desertion and pension cannot be denied. (See
Ruling No. 122.)

Smith, Nelson. App. No. 484,830. Order book, p. 90.

Ruling No. 122. July 20, 1885.
Where charge of desertion at any time during period of service stands
against the record of a soldier, favorable action in his claim for pension
cannot be taken until said charge shall have been removed by the Sec-
retary of War.

Ruling No. 125. July 22, 1885.
Where soldier was captured by the enemy while outside the pickets
and camp guards, and during his subsequent imprisonment contracted a
disability for which he claimed pension : Heldy that inasmuch as it is
not shown that the soldier had any intention to desert, the penalty of
desertion should not be inflicted upon him j he should be regarded as

PENSION LAWS, DECISIONS, &C. 195

DESERTION— Continued.

liaviDgbeen in line of duty when his disability was contracted and his
claim for pension for said disability should be allowed.

Newman. App. No, 115,233.

EULING No. 132. August 29, 1885.
Soldiers who were deserters on the 10th day of March, 1863, but who,
under the President's proclamation of that date returned to their com-
mands prior to the 1st day of April, 1863, were relieved of all legal con-
sequences of such desertion (except the loss of pay and allowances dur-
ing the period of absence) and such desertion will not operate as a bar
to pension.

Cox, Thomas J. App. No. 211,704. Order book, p. 92.

[Note.— Thi8 ruling was subsequently qualified and substantially revoked by Kuling No. 135,
which is as follows :]

Ruling No. 135.. September 4, 1885.

THE LAW OF PENSIONS TO DESERTERS.

On the 8th day of May, 1792, Congress enacted what is now known
as section 1639, Revised Statutes, declaring thereby that if "any person,
whether officer or soldier, belonging to the militia of any State, and
called out into the service of the United States be wounded or disabled
while in actual service he shall be taken care of and provided for at
public expense." This may be properly regarded as the establishment
of the pension system of the United States, and more particularly as
the foundation of law upon which rests that which, in the statutes, is
described as " the pension roll" or " list of invalid pensioners."

Very many modifications of the original declaration have, from time
to time, been formulated and declared, until, prior to July 14, 1862, there
had grown up a system of laws which received the careful consideration
of Congress, the Departments, and the courts, and which had been
interpreted until they had taken the shape and permanence of a code.

Through all this code, as exemplified by the enactments to be found
in sections 4730, 4732,4736, 4740, 4756, and 4757 of the Revised Statutes
(edition of 1878), runs a primary requirement upon which the Government
has always insisted as to the. veterans of the Revolutionary war, the
soldiers of the war of 1812, the soldiers of the Mexican war, the soldiers
of the Regular Army, the members of the Navy and Marine Corps, and
all volunteers of all classes in the multitudinous wars that have inter-
vened between the enactment of the first pension law and 1861 — it is
that there should be honorable ^discharge before pension. It has been a
requirement from which the Government has never receded, excei^t,
perhaps, as hereinafter ijointed out.

The man who could present proof of service, of injury in line of duty,
resulting in pensionable disability, and of honorable discharge, was the

196

DESERTION— Continued.

man who was placed upon the pension " roll," and whose name and that
of others like him constitute the "list" of pensioners.

In making provision for men entitled to pension, this list and roll has
been recognized as existing by the legislative, judicial, and executive
departments. Take, for instance, the phraseology of section 4736, "the
Secretary of the Interior is directed to place on the pension roll," &c.j
of section 4739, " before the name of any person is placed upon the
pension roll," &C.5 of section 4741, " shall be entitled to be placed on the
Navy pension list;" of section 4743, " he shall thereupon be placed upon
the pension roll;" of section 4733, " all pensioners whose names are now
on the pension roll," &c.

Every soldier who enlisted in the service of the United States during
the war of the rebellion was bound by an oath, voluntarily taken, to
the performance of duty and the observance of orders pursuant to the
Articles of War. Among those articles are 47 and 48, which point out
the offense of desertion, exhibit its heinous character, and the gravity of
the punishment to be inflicted therefor.

To emphasize and establish with absolute certainty the legislative
abhorrence of this crime of desertion. Congress, on the 3d of March,
1865, enacted as punishment for desertion forfeiture of rights of citizen-
ship, and made deserters aliens, incapable of becoming citizens.

On the 19th of July, 1867, Congress further enacted what is now
known as section 4749, here given, which provides : "No soldier or sailor
shall be taken or held to be a deserter from the Army or Navy who
faithfully served according to his enlistment until the 19th day of April,
I860, and who, without proper authority or leave first obtained, quit his
command orrefused to serve after that date ; hut nothing herein contained
shall operate as a remission of any forfeiture incurred by any such soldier
or sailor of his pension; but this section shall be construed solely as a
removal of any disability such soldier or sailor may have incurred by the
loss of his citizenship in consequence of his desertion."

From this review it is evident to the Commissioner —

(1) That there was established by statute, and the immemorial prac-
tice of the Government what is known and designated as a " pension
list" or " roll of the Pension Office."

(2) That only such persons could be rightfully placed upon that roll
as had been honorably discharged.

(3) That Congress, as late as 1867, recognized that these provisions
of the statutes, and this common practice of the Pension Office, related
as well to the soldiers of the war of J861 as to those of all preceding wars,
and hence the Commissioner holds that a mau against whom the charge
of desertion remains cannot receive a pension, nor be placed upon the
pension roll, nor be borne on the list of pensioners.

On the 14th of July, 1862, it was enacted that any officer, &c., who
has been since the 4th day of March, 1861, or shall hereafter be, disableci

PENSION LAWS, DECISIONS, &C. 197

DESERTION - Continued.

by reason of any wound received or disease contracted while in the
service of the United States and line of duty, shall, upon making proof
of the foct, according to such forms and regulations as are or may be
provided by or in pursuance of law, be placed upon the " list of invalid
pensioners " of the United States. And it has been contended, and very
strenuously contended, that under this language a deserter may be pen-
sioned. But it will be noted that the Congress expressly recognizes
the existence of " present rules and regulations," and further expressly
recognizes existence of the *' pension roll," which had continued under
the before-mentioned rules and regulations since 1792, and, as before
pointed out, in 1867, expressly declares and acknowledges the existence
of these regulations and their application to the soldiery of 18(51 by
recognizing a forfeiture of pension by the act of desertion. Theconclusion
is irresistible to the mind of the Commissioner that by this whole series
of enactments, before pointed out, Congress did intend not to pension
a deserter 5 and has expressly recognized that a deserter's pension is
forfeited by the act of desertion. Nor will the mind of the ordinary man
believe, without convincing proof thereof, that it has been designed
to exact of the soldiers of the Regular Army, and of that great class of
volunteers of other and honorable wars, the condition of an honorable
discharge or release from service, and at the same time allow that the
company of their equally honorable brethren of the war of 1861 should
be degraded and lowered in the universal estimation of mankind by
admitting to the high privileges of the pension rolls those not honorably
discharged or released from service. Or, in other words, the Commis-
sioner cannot believe that the Government intends that the deserters of
the war of 1861 should be placed upon a par with the faithful soldiers
of that great war and all the wars that preceded it.

It will not be presumed, as a matter of law, that the Government of
the United States intends to and does bestow equal honor upon two abso-
lutely distinct classes of claituauts, and that it will allow the rewards
of honorable service and honorable discharge to those who have dis-
graced the service and abandoned their comrades in the hour of peril.

The power of Congress in the premises is equal, whether the grant-
ing of a pension be regarded as the performance of a contract or the
bestowal of a gratuity ; for, if the first, it is forfeited by the act of de-
sertion; and, if the second, the granting power has the right and has
exercised it to attach a clause of defeasance to its grant, which becomes
operative on the act of desertion. It is true that on several occasions
methods have been provided by which the i^enalties of desertion may
be avoided. It is believed that such methods were designed to afford
relief to those who were technically, only, guilty of desertion.

These methods are set out:

(1) In the Presidential proclamation of the 10th of March, 1863,
issued in pursuance of the 26th section of the act of March 3, 1863, and

198 PENSION LAWS, DECISIONS, &C.

DESERTION— Continued.

which substantialh^ provides as follows: "Soldiers absent from their
regiments who should report at Siny one of certain designated rendez-
vous before the 1st day of April, 1863, might be relieved from punish-
ment," &c.

(2) In the Presidential proclamation of March 11, 18C5, issued in pur-
suance of the 21st section of the act of March 3, I860, providing that
whatsoever deserters returned by the 10th of May, 1865, should be par-
doned, &c.

(3) In the General Order No. 43, offering pardon to all deserters from
the Eegular Army who should return by the loth day of August, 1800,
upon certain conditions therein named.

(4) In the order issued on the 10th day of October, 1873, by the Sec-
retary of War, by direction of the President, wherein was offered full
pardon to all deserters from the Eegular Army who should report them-
selves to any military post by the 1st day of January, 1874.

(5) On the 7th day of August, 1882, and on the 5th day of July, 1884,
it was enacted and re-enacted that soldiers who were borne as deserters
upon the records of their commands, upon complying with the terms of
the respective acts, to the satisfaction of the Secretary of War, may have
said charges removed from the records by said Secretary.

These acts, which are at this time operative and effective, point out the
only way now existing, in the opinion of the Commissioner, hy which
the charge of desertion may be removed from the record of a soldier.
Such application must be made to the Secretary of War. l^o authority
and no discretion is lodged in the Commissioner of Pensions. The only
officer who can act is the Secretary of War, and until the charge of
desertion is removed by the Secretary of War the granting of pensions
by this Office cannot be made.

The wisdom of leaving this question to the Secretary of War is
apparent when it is remembered that all permanent records of the
various organizations in the Army are in his -custody. He has the mus-
ter-in and muster out rolls; he has the descriptive lists; he has under
his control the hospital records, where are Qpntained tiie proofs of dis-
ability. In other words, all recorded facts which will establish the ab-
sence of the soldier, its continuance, duration, and character; whether
the alleged desertion occurred in the presence of the enemy, or whether
under circumstances such as would be apt to show that it was absence
without the intent of desertion, all are peculiarly under his control.
He has, indeed, all that is necessary to determine either whether the
claimant's case brings him within the exemptions pointed out by the
four proclamations and orders heretofore referred to, or within the
equitable consideration of the Secretary of War in the exercise of th
beneficent powers lodged in his hands by the acts of 1882 and 1884.

Inasmuch, therefore, as this matter has been by Congress relegat
to the Secretary of War, the Commissioner reiterates the determinati

he
he

. PENSION LAWS, DECISIONS, &C. 199

DESERTION— Continued.

not to assume jurisdiction of a case wherein the charge of desertion still
exists against an applicant for pension. To the extent to which they
may seem to be in conflict herewith, all former rulings on the subject
jvre qualified.

The fact that an occasional case of hardship may krise under this
ruling does not enlarge the power of the Commissioner nor change the
law that governs him and the claimants alike. Nor is it believed that
any case will arise where relief will be refused by the Secretary of War
when it should be granted.

JOHN 0. BLACK,

Co7nmissioner.

[Note. — The foregoing ruling was approved Xovember 6, 1885, by the honorjible Secretary of
the Interioi-, on appeal, in the case of Jehu Myers, Company A, 115th Ohio Volunteers. No.

223,042.]

EuLiNa No. 136. October 21, 1885.
Where the report of the Surgeon General shows that the soldier de-
serted from hospital, and the report of the Adjutant General shows a
clear record and that the soldier was mustered out with his company
and honorably discharged, the governing evidence will be the latter
report, and said soldier will not be considered a deserter.

Powers, Morris. No. 358, 996. Order book, p. 97.

EULING No. 137. Octpher 30, 1885.

In the matter of the application of Eobert H. Delaney, a private in
Company A, Fifth Tennessee Volunteers, certificate No. 309,059, the
record of the Adjutant General's Office shows that the claimant was
absent from his command from May 1 until June 14, 1864. That on the
6th day of June, 1864, he was marked as "deserter" by order of Gen-
eral Sherman, and his name dropped from the rolls.

The rolls for April, 1865, report him absent since June 14, 1864; that
he was mustered out of service on detached muster-out rolls June 12,
1865, at Nashville, Tenn., with this remark : '^ Eestored to pay and duty
by general court-martial, June 6, 1865."

In this case the charge of desertion had been passed upon in apt time,
and determined authoritatively and finally, by competent authority,
provided by law, a general court-martial.

The charge of desertion had been removed in manner pointed out by
law, prior to the soldier's discharge from the service. He had been
tried on the charge of desertion and found not guilty.

The Commissioner cannot pass beyond this finding.

EuLiNa No. 138. October 30, 1885.
In the matter of the application of Harriet Kimble, widow of George
W. Kimble, private Company I, Fourth Eegiment Maine Infantry, No.
258,902, the following facts appear of record :

200 PENSION LAWS, DECISIONS, SzC.

DESEETION— Continued.

. '* George W. Kimble enlisted in Company 1, Fourth Maine Volunteers,
June 15, 1861 ; was detacbed for service on a United States gunboat."

While on such detached service, June 17, 1802, by the explosion of
steam-chest on board of United States steamer *' Mound City," he re-
ceived injuries \thich were the basis of the claim for pension now pend-
ing.

Kimble was honorably discharged, as it appears Of record, on the 23d
of March, 1863, and April 17, 1879, he filed a claim for original invalid
pension. Pending its adjudication he died, and his widow applies in
this case for pension. At a subsequent period, he enlisted in the Iifavy
and deserted therefrom.

If. the facts of disablement in the case are sufficient to establish the
claim it will be allowed ; nor will the widow's right be affected by the
fact that at a subsequent time and 'in another term of service wholly
distinct from the one during which the injury was received which is the
basis of the present claim, the claimant deserted the service of the Gov-
ernment.

[Extract from oflBce "Circular" to chiefs of divisions, dated November 5, 1885.]

2. Absence without leave is not desertion. The crime of desertion is a
specific offense known to military law, and is not to be confused with
other offenses.

3. The charge of ^^ desertion from hospitaV is not^per se, a charge of
desertion from the service, and where the Adjutant General's report
does not show desertion from the service, Ruling No. 122 does not nec-
essarily apply.

Ruling No. 143. November 10, 1885.
Where a claimant deserted>»from^ the Navy and subsequently enlisted
in the military service and contracted a disability in line of duty : Held,
that his claim should be admitted under Ruling No. 138 in the Kimble
case.

Curtis, Charles. App. No. 229,847. Order book, p. 102.

Ruling No. 156. Decemher 10, 1885.

Claimant enlisted in Company C, Twenty-eighth Michigan Volun-
teers, September 1, 1864, and deserted September 30, 1864, at Kalama-
zoo, ne continued a deserter until taken up on the roll for May and
June, 1865, when he is noted as having been "present," with the remark,
"reported at Kalamazoo, Michigan, under President's proclamation,
April 7, 1865." He thereafter remained with his company and was mus-
sered out with it June 5, 1866.

Under date of October 22, 1885, these facts were submitted to the
Secretary of War "for his consideration as to whether the charge of
desertion should be removed."

PENSION LAWS, DECISIONS, &C. 201

DESERTION— Continued.

Uuder date of ]S^ovcmber 13, 1885, the Adjutant- General, U. S. A.,
replied that " the charge of desertion cannot be removed, as it is not
considered that the soldier returned from desertion within a reasonable
time, within the meaning of the act of Congress approved July 5, 1884."

Seld^ that the War Department has jurisdiction over this question
and its judgment is final therein. The records still showing that this
man deserted from the service, his claim for pension will be rejected
upon that ground.

Cortland Chapman. App. No. 530,462.

EuLiNG No. 157. December 10, 1885.
, Where a claimant enlisted March 4, 1862, was wounded in action
June 15, 1863, mustered out March 1, 1864, re-enlisted March 2, 1864,
deserted August 10, 1864, and never rejoined his command: Held, that
his discharge from his first enlistment contract perfected his rights
thereunder, and that those rights were not forfeited by his failure to
comply with the terms of a subsequent contract.

Jefferson Fox. Ctf. No. 276,763.

EULING No. 159. December 20, 1885.
Where claimant left his command when it was approaching the en-
emy, for which act he was dishonorably discharged, and subsequently
re-entered the service, contracted a disability in line of duty and was
honorably discharged : Held, that the execution of the sentence of dis-
missal from first service was the completion of the punishment for the
offense with which he was charged; that his acceptance by the United
States for a second term of service was an independent undertaking,
and that, if the claim for the disability contracted in line of duty in the
second service be otherwise proved, claimant's title to pension will not
be affected by the record of his dismissal from the first service.

Benjamin C. Berry. App. No. 360,670.

DISABILITY.

DECISION'S OF THE ECRETAEY OF THE INTERIOR.

1. Cause of, must have been contracted in line of duty as well as in
the service.

Call, Parmelia M, App. No. 27,292. Usher, J. P., Secretary. Sept. 11, 1863. Vol.1, p. 27.

2. Kot connected with a previous disease or injury received in service
is not pensionable, even if soldier's health after discharge rendered him
more liable to disease.

Meader, Lydia C. App. No. 62,992. Harlan, J., Secretary. July 14, 1865. Vol. 2, p. 179.

3. If shown to have been contracted in the service, in the line of duty,
entitles, notwithstanding conflicting testimony.

Best, ElizabelU. App. No. 61,076. Brown'ug, 0. H., Secretary. Oct. 10, 1886. Vol. 2, p. 1.

202 PENSION LAWS, DECISIONS, &C.

DISABILITY— Continued.

4. Existence of, is the governing principle in claims for invalid pen-
sion.

McClnney, Elizabeth. Ctf. No. 411. Delano, C, Secretary. Feb. 24, 1873. Vol. 1, p. 308.

5. Resulting from disease contracted or injuries received after enroll-
ment and before muster entitles to pension.

Kenyon, B. C. App. No. 180,243. Cowen, B. R., Acting Secretary. May 6, 1874. Vol 3, p. 192.

6. Seat of, removed by contraction of greater one does not destroy
original right to pension.

McLeod, Daniel Ctf. No. 74,578. Delano, C, Secretary. June 2, 1875. Vol. 4, p. 57.

7. Continuance of, may be shown by the evidence of other than med-
ical persons.

Calhoun, William W. Ctf. No. 122,550. Chandler, Z., Secretary. Jan. 15, 1876. Vol. 4, p. 180.

8. May be shown by testimony of intimate acquaintances in restora-
tion cases. (See section 4719, R. S.)

Swiuton, John. Chandler, Z., Secretary. Dec. 5, 1876. Vol. 4, p. 466.

9. Although the applicant may actually perform as much labor as a
person free from any disabling cause whatever, if in performing work
he labors under a disadvantage in consequence of a disability received
in line of duty in the service he is entitled to a pension.

Abare, Peter. App. No. 44,925. Schurz, C, Secretary. Mar. 24, 1877. Vol. 5, p. 67. (Vide
Kenney, William. No. 206,421. Schurz, C, Secretary. Apr. 14, 1877. VoL'5,p.82.)

10. To be j)eusionable, must be of such a character and exist to such a
degree that it can be detected by the examining surgeons of the office.

WUliams, Durin H. App. No. 178,168. Schurz, C, Secretary. Sept. 5, 1877. Vol. 5, p. 197.

11. Every invalid pensioner, "however disabled, is bound as a pru-
dent man to use every proper means at his command to alleviate his
sufferings and lessen his disability,^' and his failure to do so would
make him responsible for the aggravation of his disability.

Bynd, Louis. Ctf. No. 78,673. Schurz, C, Secretary. Nov. 13, 1880. Vol. 8, p. 57.

DISABILITY, DEGREE OF.

12. (1) The word *' helplessness," used in the act of June 18, 1874^
does not imply utter physical prostration, but should be understood as
referring not only to the physical helplessness which compels him to
depend at times upon the personal aid and assistance of another per-
son, but also to his helplessness, i. e., inability to gain a subsistence by
his own exertions.

Schmidt. Henry. Ctf. No. 35,234. Chandler, Z., Secretary. Feb. 11, 1876. Vol. 4, p. 197.

(2) When the evidence presented by a claimant is sufficient to satisfy
the mind of a candid and impartial person that a pensionable disability
from some obscure cause (such as rheumatism, neuralgia, myalgia, or
angina pectoris) exists, although no physical signs of it can be discov-

PENSION LAWS, DECISIONS, &C. 203

DISABILITY, DEGREE OF— Continued.

ered by the examiiiiiig sargeou-s, pension should be allowed at a rate
proportionate to the degree of disability proved.

Douglass, John. K'o. 472,120. Teller, H. M., Secretary. July 10, 1884. Vol. 11, p. -3 11.

DISABILITY, PERMANENT AND SPECIFIC, AND NON-SPECIFIC.

RUIilKG OF THE COMMISSIONER OF PENSIONS.

RuLiNa No. 131. August 21, 1885.
Where an injury to right arm in the service aud line of duty was al-
leged and the proof showed and the claimant admitted that the same
arm had been injured three separate times prior to enlistment: Held,
that the injury admitted to have been received in the service and line
of duty cannot be offset by some other injury or injuries received either
prior or subsequent thereto, and that if the Medical Eeferee can deter-
mine the degree of disability due to the injury received in the service,
the claim for restoration should be favorably considered. It was further
held that in the future the Medical Eeferee will be called upon to dis-
tinguish between different causes of disability and to express an opin-
ion as to the existence of a pensionable degree of disability arising from,
the disease or injury shown to have been contracted or received in the
service and line of duty.

Bachus, Reuben E. Ctf. 2^^o. 178,688, Order book, p. 88.

See Specific and Non-Specific Disabilities.

DISCHARGE, DATE OF.

Section 4701, Revised Statutes.

The period of service of all persons entitled to the benefits of the pen-
sion laws, or on account of whose death any person may become enti-
tled to a pension, shall be construed to extend to the time of the dis-
banding the organization to which such persons belonged, or until their
actual discharge for other cause than the expiration of the service of
such organization.

Sec. 7, 3 Mar., 1873. Sec. 9, 6 June, 1866.

DECISION OF THE SECRETARY OF THE INTERIOR.

Date of actual discharge held to be the date to which last paid.

Stoll, Gottleib. App. No. 315,451. B. E. Cowen, Acting Secretary. Dec. 2, 1872. Vol. 1, p. 223.
RUIiING OF THE COMMISSIONER OF PENSIONS.

Ruling l^o. 78. December 6, 1883.
The muster out of a soldier by reason of re-enlistment or for the pur-
pose of receiving a promotion, will be regarded as an actual discharge
from such prior enlistment. The pension due for disability contracted
in said service, if claim was filed in time, will begin at date of said dis-

204 PENSION LAWS, DECISIONS, &C.

DISCHARGE, DATE OF— Continued.

charge, deducting the time for which he was paid in any subsequent
service.

See decision of Adjutant General in case of Hiram Freeman, No.
328,181, that discharge for promotion was an actual discharge.

Jones, Hugh J. Ctf. Xo. 237,505.

DISCHARGE, DISHONORABLE.

DECISION OF THE SECRETARY OF THE INTERIOR.

The allowance and payment of pension to a soldier who was dishon-
orably discharged is conditional alone upon proof of disability incurred
in the service and line of duty. The character of the discharge, whether
honorable or dishonorable, indicating good or bad character, can have
no bearing whatever on the nature and extent of disability which alone
decides the right to pension.

Conroy, Jane. Ctf. No. 171,088. C. Delano, Secretary. June 9, 1875. Vol. 4, p. 66.

See Desertion, par. 4.

RULING OF THE COMMISSIONER OF PENSIONS.

EULING No. 150. November 25, 1885.
Where a party was dishonorably discharged from the United States
service and the disability to re-enter said service resulting from such
dismissal was subsequently removed: Held, that dishonorable dis-
charge is a bar to pension, but in this case the removal of the incapac-
ity to re-enter the service, by competent authority and in apt time, sub-
stantially relieved the officer from the onus of his dismissal and renewed
ijQ him the right to pension he would have had if he had been honorably
discharged.

Widow of Silas J. Garnett. App. No. 281,615.

DISCHARGE, HONORABLE.

DECISION OF THE SECRETARY OF THE INTERIOR.

An honorable discharge is unavailing if soldier deserted while on fur-
lough after his disability was contracted.
See Desertion, par, 3.

DISLOYALTY.

Section 4716, Revised Statutes.

No money on account of pension shall be paid to any person, or to
the widow, children, or heirs of any deceased person, who in any manner
voluntarily engaged in, or aided or abetted, the late rebellion against
the authority of the United States.

Sec. 23, 3 Mar., 1873 ; sec. 4, 14 July, 1862 ; see act 4 Feb., 1862, and joint resolution 2 Mar., 1867;
(see act 8 Mar., 1877.)

205

DISLOYALTY— Continued.

Act approved March 3, 1877.

AN ACT amending the pension law so as to remove the disability of those who, having
participated in the rebellion, have, since its termination, enlisted in the Army of
the United States, and become disabled.

Be it enacted by the Senate arid House of Representatives of the United
States of America in Congress assembled, That the law prohibiting the
payment of anj^ money on account of pensions to any person, or to the
widow, children, or heirs of any deceased person, who, in any manner,
engaged in or aided or abetted the late rebellion against the authority of
the United States, shall not be construed to apply to such persons as
afterward voluntarily enlisted in the Army of the United States, and
who, while in such service, incurred disability from a wound or injury
received oo- disease contracted in the line of duty.

[Note.— The above act is held not to applj^ to chiims for pension arising out of service in the
Navy.]

DECISIOI^S OF THE SECRETARY OF THE INTERIOR.

1. Encouragement of the rebellion, or sympathy therewith, bars claim
for pension.

Seevers, James A. App. Xo. 13,853. Usher, J. P. , Secretary . May 9, 1864. Vol.2, p. 176.
fNOTE. — In the case of Margaret Lemaster, Ctf. No. 1,068. Hon. Secretary Schurz decided, Jan.

uary 23, 1878, that any one who gave public expression to sentiments showing sympathy

with the rebels, aided and abetted the rebellion within the meaning of section 4716, Eevised,

Statutes. See Vol. 5, p. 323.]
Also case of James D. Martin, decided in same way by same secretary, Mar. 4., 1879. O. W. andN.

Vol. 2, p. 79.

2. Pensioners who voluntarily took up arms against the United States
forfeit pension.

Pension money should not be paid to loyal for benefit of disloyal
persons.

Pension money may be paid to loyal persons through the hands of
disloyal ones.

Deas, Charles. Browning, 0. H., Secretary. Dec. 7, 1866. Vol. 1, p. 59

3. Compulsory service iu the rebel service does not forfeit right to
pension.

Thatcher, Hapu ah. Cox, J. D,, Secretary. Feb. 25, 1870. Vol. 1, p. 76.

4. Name had been dropped from the rolls under the act of February
4, 1862 (section 471G, R. S.). In an application for restoration, claimant
declined to take the " iron-clad oath " then required by the Office, under
joint resolution of March 2, 1867 (now section 3480, R. S.), her father
and relations then being in the rebel service, but she declaring that she
had not encouraged or manifested sympathy with their cause; Heldj
that she was entitled, and that the joint resolution of March 2, 1867,
does not apply to pension cases, and that the iron-clad oath should be
stricken from the application for siich restoration, and that in lieu

206 PENSION LAWS, DECISIONS, &^C.

DISLOYALTY— Continued.

thereof, the claimant be required to state that ho or she had not aided or
abetted the late rebellion against the authority of the United States.

Scarritt, Irene G.. wido^v of Scarritt, Jeremiah M. File No. 11,404. Delano, C, Secretary.

Dec. 5, 1873. Vol. 1, p. 28.
See Cochrane, Sally. File No. 26,657. Delano, C, Secretary. Mar. 25, 1873. O. W. and N.

Vol. 1. p. 27.

5. Applying to Confederate congress for payment of Federal pension
does not forfeit pension.

Screven, Louisa H. P. Delano, C, Secretary. June 26, 1873. Vol. 1, p. 398-

Above decision subsequently affirmed by same Secretary as follows:
Where claimant signed a petition to the rebel secretary of war for re-
newal of his pension on the rebel government : Held, that under the
twenty-third section of the act of March 3, 1873, that was not aiding
and abetting the rebellion, so as to bar claim for restoration.

Dunning, Jame.s. Ctf. No. 8,607. Delano, C, Secretary. December 5, 1873. Vol. 3, p. 74.

6. Making clothes and tents for rebel soldiers held to be a disloyal
act.

Hendley, Penita. Ctf. No. 144. Delano, C, Secretary. Doc. 6, 1873. Vol. 3, p. 77.

7. Voting for the ordinance of secession held to be a disloyal act, and
forfeits title to pension.

Slaughter, Andrew D. Ctf. No. 16,777. Delano, C, Secretary. Feb. 18, 1874. Vol. 3, p. 102. x

8. Cannot be condoned by subsequent loyal service.

Erdman, Charles W. Ctf. No. 31,616. Chandler, Z., Secretary. May 21, 1874. Vol. 3, p. 214.

9. Disloyal conduct is a bar to any claim for pension.

Maynard, Edward T. App. No. 179,195. Delano, C, Secretary. Aug. 6, 1874, Vol.4, p. 282.

10. Paying taxes to Confederate government held to be a disloyal act,
and forfeits pension.

Davis, Henry L. App, No. 30,209. Cowen, B. K., Acting Secretary. Nov. 2, 1875, Vol. 4, p. 135.

11. Of son does not deprive his mother of the pension granted to her
by special act on account of his death while in subsequent service in
United States Army.

Hensley, Ann. Chandler, Z., Secretary. Apr, 7, 1876. Vol, 4, p. 253,

12. Exercising the functions of justice of the peace under the gov-
ernment of a State in rebellion against the United States is an act of
disloyalty.

Havis, J, D, App, No, 28,521. Gorham, Charles F,, Acting Secretary, Oct 12, 1876. Vol. 4, j).
418.

13. Of widow of soldier, as shown by her admission in connection with
the fact that a special act was passed by Congress in behalf of the minors
on account of disloyalty of mother, is sufficient ground for the rejection
of her claim.

Oliver, Hannah E„ widow of Oliver, Thomas, App. No, 128,314. Schurz, C, Secretary, Oct.
10, 1879. Vol. 7, p. 17.

PENSION LAWS, DECISIONS, &C. 207

DISLOYALTY— Continued.

14. A soldier was discharged in 1862, and pensioned on account of
disability. His pension was paid^ to May 1, 1864, on which day he
entered the Ee venue Marine Service. While on board a revenue cutter,
April 18, 1865, on the reception of the news of President Lincoln's assas
sination, he stated in the presence of the ofi&cers and men, *'that it was
a damned small loss," or words to that effect. For the use of this lan-
guage he was tried by court-martial and found guilty of conduct preju-
dicial to good order and military discipline, and committed to prison
for the offense.

Not having applied for his pension for a period of more than three
years, his name was dropped from the pension roll. He filed a claim
for renewal in 1871, and it was rejected on the ground of his sympathy
with the rebel cause by the use of the expression above referred to.

On appeal, it was held that under the modification of the law under
which this action was taken, as contained in section 4716, Eevised
Statutes, the applicant, in using the language referred to, cannot be
said to have " aided and abetted the rebellion," and the renewal of his
pension was ordered to be made.

Dinan, William. Ctf. No. 16, 541. Teller, H. M., Secretary. Apr. 10, 1888. Vol. 9, p. 274.

15. The question arises in thss case, and will arise in others, whether
soldiers who enlisted in the rebel army to avoid starvation and with the
intention of making their way back to the Federal Army as soon as~pos-
sible, should be held to have voluntarily aided and abetted the late
rebellion within the meaning of section 4716 of the Eevised Statutes.
The difficulty in dealing with it lies not so much in the abstract ques-
tion itself as in the determination of the actual facts in any given case.
The presumption of the law is that every man is a free agent and that
what he does is done of his own free volition. The law also judges a
man's motives and intentions from his overt acts and not from his sub-
sequent explanation of those acts. This being so it must be presumed
that those prisoners who enlisted in the rebel army did so " voluntarily,"
and that they thereby " aided and abetted" the rebellion. That there
may have been cases in which such enlistments were made under cir-
cumstances amounting to practical duress, with no intention of aiding
or abetting the rebellion, but with the design of escaping to the Union
lines at the first opportunity, the Department does not doubt. But
where such facts are pleaded against the record they must be distinctly
and affirmatively shown.

Hnrst, Joseph S. No. 344,516. Teller, H. M., Secretary. Mar. 5, 1884. Vol. 11, p. 156.

16. Pension was claimed for a disability incurred by the claimant
while a prisoner at Salisbury, N. C, and rejected upon the ground that
he joiued the rebel army after he incurred the disability. The record
shows his capture, iminisonmeiit, and joining the rebel army , his escaj)e
therefrom and return to the Union lines.

208 PENSION LAWS, DECISIONS, &cC,

DISLOYALTY— Continued.

It being claimed on appeal that tbe soldier ^' (;id not voluntarily en-
gage in the late rebellion," but did;so for the purpose of gaining oppor-
tunities to escape, it was decided that he should beatforded the *' op-
portunity to file his own affidavit and such corroborative evidence ?i6
he may be able to procure, for the purpose of showing the facts in regard
to his enlistment and service in and escape from the rebel army. It is
also suggested that the Adjutant General be requested to furnish copies
of all records or papers on file in the War Department bearing upon

the matter."

* # * * * # #

" The test of a person's right to have his claim allowed should not be
acts done by him under duress nor under circumstances beyond his con-
trol, but he should be allowed to show, in connection with such acts, the
facts and circumstances under which they were performed, and that
while such acts were done by him his motives and feelings were not
therein truly represented."

Lightner, Eeuben. No. 322,557. Teller, H. M., Secretary. Mar. 10, 1884. Vol. 11, p. 170.

17. The appellant having, previous to his enlistment into the 7iaval
service of the United States, voluntarily aided and abetted the enemies
of the United States, is not entitled to a pension under the law for any
disability he may have contracted in said naval service.

The law does, however, provide that those persons who, having vol-
untarily engaged in or aided or abetted the late rebellion, and afterward
voluntarily enlisted in the 'Army of the United States, and who, while
in the service, incurred disability from wound or injury received, or
disease contracted in the line of duty, shall be entitled to a pension.

There is no law under which appellant could be allowed a pension.

• DennisoD, Salathiel. No. 3,876. (Navy.) JoslyD, M.L., Acting Secretary. Aug. 27, 1884. Vol.
11, p. 344.

18. Service was rendered in Company B, Fifty-eight Korth Caro-
lina, Partisan Kangers, in 1862, a local company, in order to escape
conscription in the Confederate army : Held, to be a disloyal act.

Stewart, Wm. R. O. W. No. 18,158. Jo.slyn, M. L., Acting Secretary. Oct. 8, 1884. O. W. and
N. Vol. 3, pp. 286, 288.

RULINGS OF THE COMMISSIONE OF PENSIONS.

Ruling No. 35. March 17, 186G.
Pensioners residing in the States in and during the rebellion whose
names were stricken from the rolls by act of February 4, 1802, shall,
upon proof of their loyalty to the Government be restored, with pay-
ment from date of last receii)t of pension. Modified, sections 5-0, act
March 9, 1878.

KULiNG No. 36. June 9, 1870.
Loyalty of minor children, who were residents in the Northern States
during the war, may be presumed, in the absence of indications to the
contrary.

PEK8I0N LAW8, DECISIONS, &C. 209

DISLOYALTY— Continued.

EULING No. 37. June 22, 1871.
In view of the express requireDienls of the act of February 14, 1871
(war of 1812), proof of loyalty will, iu all cases, be required and care-
fully examined, and the law strictly construed.

Ruling Ko. 38. March 4, 1872.
Loyalty of the soldier, if he survived after the commencement of the
late rebellion, must in all cases be proven.

Ruling No. 39. Ju7i€ 13, 1^72.
After the death of a pensioner whose name has been dropped from
the rolls, under the act of February 4, 1862, the widow or children only
have the right to prove loyalty of said' pensioner, and it is the duty of
this Office, upon receipt of such proof, together with proof of the loyalty
of the widow or children, to restore the name of the pensioner to the
rolls and to pay the pension accrued to date of death of said pensioner
to said heirs.

Ruling No. 107. May 25, 1885.

Claimant, while a prisoner of war, enlisted in the rebel service. To
the proposition that such enlistment was not a voluntarv act the Com-
missioner declined to yield assent, and heldj that while the claimant's
enlistment in the service of the enemy for the purpose of furnishing him
an early opportunity to escape to the Federal lines practically illustrated
his shrewdness, it certainly did not avouch his patriotism. A soldier is
called upon to face death in many forms, to be shot on the field of bat-
tle, to be starved in captivity, and in other ways to exhibit his willing-
ness to sacrifice his life for his country. There is no justification, how-
ever, for his enlistment under the enemy's standard, and thus, even if
for a limited time, giving him aid and comfort.

If it were allowable for a captured soldier to join the enemy for the
purpose of escaping the privations and hardships of prison life, the prin-
ciple would be established that a prisoner of war would become simply
a recruit for the enemy. In law a man's intentions and motives are to
be judged by his overt acts. Such being the case, and in view of the
provisions of the statute, it must be held that the soldier did render vol-
untary aid and comfort to the late rebellion against the authority of the
United States. The claim should be rejected, and in this and all sim-
ilar cases Congress alone can grant relief

William Dawson. App. IN^o. 229,207.

Ruling No. 121. July 20, 1885.
Where soldier, after having aided, abetted, or engaged in the late re-
bellion against the authority of the United States, afterwards voluntarily
enlisted in the Army of the United States, whether during the rebellion

7018 PEN 14

210 PENSION LAWS, DECISIONS, &C.

DISLOYALTY— Continued.

or since its termination, and who became disabled in the line of duty in
the latter service, is entitled to pension for such disability.

Act of March 3, 1877. Case of Creasy. App. No. 291, 129.

ORDER OF THE COMMISSIONER OF PENSIONS.

Order No. 29. tfanuary 21, 1874.
In cases in which the name of a pensioner has been dropped from the
rolls under the act of February 4, 1862, and application for restoration
is made, the applicant will be required, in lieu of the oath and evidence
heretofore prescribed in such cases, to testify that he or she has not in
any manner voluntarily engaged in, or aided, or abetted the late rebel-
lion against the authority of the United States, and to prove the fact.s
by the testimony of two witnesses whose credibility must be certified as
required by the circular heretofore in use.

See Service Pensions, War of 1812, par, 9.

DIVISION OR DIVERSION OF PENSION.

Section 4745, Revised Statutes.

As amended by section 2, act of February 28, 1883.

Any pledge, mortgage, sale, assignment, or transfer of any right,
claim, or interest in any pension which has been, or may hereafter be,
granted, shall be void and of no effect, and any person who shall pledge
or receive as a pledge, mortgage, sale, assignment, or transfer of any
right, claim, or interest in any pension, or pension certificate, which has
been, or may hereafter be granted or issued, or who shall hold the same
as collateral security for any debt, or promise, or upon any pretext of
such security, or promise, shall be guilty of a misdemeanor, and upon
conviction thereof shall be fined in a sum not exceeding one hundred
dollars and the costs of the prosecution ; and any person who shall re-
tain the certificate of a pensioner and refuse to surrender the same u])on
the demand of the Commissioner of Pensions, or a United States pen-
sion agent, or any other person authorized by the Commissioner of
Pensions, or the pensioner, to receive the same, shall be guilty of a mis-
demeanor, and upon conviction thereof shall be fined in a sum not ex-
ceeding one hundred dollars and the cost of the prosecution.

Seo. 32, 3 Mar., 1873 ; sec. 8, 10 April, IgOO ; sec. 4, 18 Mar., 1818 ; sec 2, 7 July, ia38 : sec. 2. 6 June,
1866.

Section 4747. Revised Statutes.

No sum of money due, or to become due, to any pensioner shall be
liable to attachment, levy, or seizure by or under any legal or equitable
process whatever, whether the same remains with the Pension Office,
or any officer or agent thereof, or is in course of transmission to the

PENSION LAWS, DECISIONS, &C. 211

DIVISION OR DIVERSION OF PENSION^Continued.

pensioner entitled thereto, but shall inure wholly to the benefit of such
pensioner.

Sec. 25, 3 Mar., 1873; sec. 3, 6 Juno, 186G; 8(H'.. 2, 7 July, 18:W.

Section 4763, Revised Statutes.

*' Hereafter no pension shall be paid to any person other than the pen-
sioner entitled thereto, nor otherwise than according to the provisions of
this Title; and no warrant, power ot attorney, or other paper executed
or purporting to be executed by any pensioner to any attorney, claim
agent, broker, or other person shall be recognized by any agent for the
payment of pensions, nor shall any pension be paid thereon." * * *

Sec. 3, 8 July, 1870. Re-enacted and amended by act 7 Angaot, 1882,

DECISIONS OF THE SECRETARY OF THE INTERIOR.

1. For the benefit of any person other than the pensioner in invalid
cases not allowed.

Whitford, Alfred H. App. No. 32,320. Cox, J. D , Secretary. July 27, 1870. Vol. 2, p. 155.

2. To wife of pensioner not authorized by law.

Collin.s, William T. Chandler, Z., Secretary. Mar. 30, 1876. Vol. 4, p. 243.

DIVORCE.

See Marriage and Remarriage.

DRAFTED MEN,

WIDOWS OF, NOT ENTITLED WHERE THERE IS NO RECORD EVI-
DENCE OF SERVICE.

DECISION OF THE SECRETARY OF THE INTERIOR.

A widow filed a claim for pension, alleging that her former husband,
George Le Fever, was drafted and furnished a substitute, who enlisted
in the Second Michigan Regiment, but that her husband contracted his
fatal disease while he was a drafted man. The Adjutant General re-
ported that there was no evidence at the War Department showing that
Le Fever was ever drafted. The claim was rejected upon the ground
^hat he was not in the military service of the United State s at the time
he contracted the disease which caused his death. The action of rejec-
tion was afiirmed by the Secretary, who decided that '* the War De-
partment has the custody, under the law, of the records showing who
were drafted into the service of the United States in the war of the re-
bellion. It is the province of that Department to determine whether
the person, on account of whose death this claim is made, was in the
military service of the United States. No action, looking to the adjudi-
cation of the claim, can be taken until proof shall have been furnished
to the War Department that Le Fever was in the military service of the
United States, and a report to that effect shall have been received
from that ofiQce."

Parker, Aon. Otf. No. 25?,2W. Kirkwood, S. J., Seowtory, Pec. 80, 1881. Vol, 9, p. W.

212 PENSION LA\VS, DECISIONS, &C.

DROPPING NAMES OF PENSIONERS FROM THE PENSION ROLL.
Section 4739, Revised Statutes.

* * * " And the Secretary of the Interior sliall cause to be stride on
from the pension roll the name of any person whenever it appears, by
proof satisfactory, that such name was put upon sucli roll through false
or fraudulent representations."

DECISION OF THE SECKETARX OF THE rN^TERIOR.

Dropping names of pensioners from pension roll not proper in cases
of recurrent diseases (such as rheumatism) although long periods may
elapse when the symptoms do not appear. The converse of this propo-
sition is true in pending cases.

Walker, Robert p. Ctf. No. 94,526. Schurz, C, Secretary. Dec. 9, 1880. Vol. 8, p. 66.
RUILlLNGS of THE COMMISSIONER OF PENSIONS.

EULING No. 96. April 27, 1885.
Where, after issue of certificate, evidence obtained on special exam-
ination shows conclusively that the disability on which claim is based
existed prior to enlistment the certificate will be canceled and the pen-
sioner's name dropped from the roll.

Samuel W. llobertson. Ctf. No. 289,440.

Ruling No. 102. May 13, 1885.
In a claim based upon rheumatism, rejected November 26, 1872, upon
the ground that no disability resulted from alleged disease j reopened
and investigated by a special examiner ; again rejected November 28,
1876, upon the ground that the disability did not result from rheuma-
tism and was not incurred in line of duty in the service ; again reopened
upon what appeared to be new and material evidence pertaining to the
cause of rejection and showing that claimant had locomotor ataxia; case
admitted and certificate issued. The attention of the Oommissioner be-
ing directed to the case, it was ordered to be again specially examined.
Evidence obtained during this examination revealed that the new testi-
mony was false and fraudulent, and that heavy outside pressure had
been brought to bear to influence favorable action : Held^ that the case
be again, and finally, rejected upon the ground that after repeated op-
l)ortunities and efforts the claimant had failed to establish by reliable
testimony a connection between his present condition and his military
service.

J. J. Van Name. App. No. 170,978.

See Suspension of Pensions.

DUPLICATE FOE LOST CHECK, HOW ISSUED.

Section 4770, Revised Statutes (now section 3646).

Whenever any original check is lost, stolen, or destroyed, disbursing
officers and agents of the United Stfites are authorized, after the ex-

PENSION LAWS, DECISIONS, &C. 213

DUPLICATE FOR LOST CHECK, HOW ISSUED— Continued.

piration of six months, and within three years from the date of such
check, to issue a duplicate check ; and the Treasurer, assistant treas-
urers, and designated depositaries of the United States are directed to
pay such duplicate checks, upon notice and i> roof of the loss of the orig-
inal checks, under such regulations in regard to their issue and pay-
ment, and upon the execution of such bonds, with sureties, to indemnify
the United States, as the Secretary of the Treasury shall prescribe.
This section shall not apply to any check exceeding in amount the sum
of one thousand dollars.

Act 27 Feb., 1867 ; act 19 Apr., 1871 ; act 2 Feb., 1872.

DUPLICATE PENSION CERTIFICATES.

DECISION OF THE SECRETARY OF THE INTERIOR.

Duplicate pension certificates or bounty-laud warrants may issue if
original be lost, canceled, or destroyed.

George A. Hitchcock. O. H. Browning, Secretary. Feb. 14, 1867. Vol. 2, p. 190.

DUTY, LINE OF.

See Line of Duty.

ENLISTMENT.

DECISION OF THE SECRETARY OF THE INTERIOR.

Enlistment commences with the date of enrolment.

B. C. Kenyon. Ctf. No. 180,243. C. Delano, Secretary. May 6, 1874. Vol. 3, p. 192.

EPILEPSY.

DECISION OF THE SECRETARY OF THE INTERIOR.

A soldier was pensioned for epilepsy. While in a fit, and without
any fault or improper conduct on his part, he fell into the fire and w^as
badly burned : Held^ that he is entitled to increase of pension because
of the disability resulting from the burns thus received.

James P. Keeves. Ctf. No. 105,710. C. Schurz, Secretary. Apr., 1877. Vol. 4, p. 78.

EVIDENCE.

Section 4739, Revised Statutes.

Before the name of any person is placed upon the pension-roll under
the three preceding sections, proof shall be made, under such regula-
tions as the Secretary of the Interior may prescribe, that the applicant
is entitled to a pension under the provisions of the sec" ions herein cited.

Sec. 3, U Feb., 1871 ; see act 9 Mar., 1878.

214 PENSION LAWS, DECISIONS, 4tC.

EVIDENCE— Continued.

Section 4746, Eevised Statutes.

Every person who knowingly or willfully in any wise procures the
making or presentation of any false or fraudulent affidavit concerning
any claim for i)ension, or payment thereof, or pertaining to any other
matter within the jurisdiction of the Commissioner of Pensions, or who
knowingly or willfully presents or causes to be i)resented at any pen-
sion agency any power of attorney or other paper required as a voucher
in drawing a pension, which paper bears a date subsequent to that on
which it was actually signed or executed, shall be punished by a tine
not exceeding live hundred dollars, or by imprisonment for a term not
exceeding three years, or by both.

Sec. 33, 3 Mar. 1873; seca. 1, 3, 2 Mar. 1863 ; sec. 3. 6 June, 18G6 ; »ec. 6. 8 July, 1870; eoe sec. 1, •'»
Feb., 1859.

DECISIONS OF THE SECRETARY OF THE INTERIOR.

1. Evidence is valueless if executed before a notary public or justice
of the peace or other party who is attorney of record in the claim in
which the same is or may be filed.

iSee Attorneys, par. 1.

2. Copy of, not to bo furnished except upon ai^plication for same by
the tribunal or department whereifl such evidence is to be used.

Lowe, M. F. Delano, C, Secretary. Dec. 10, 1872. Vol. l,p.232.

3. Of relatives, if they are disinterested, should be accepted.

Reed, Lydia. App. No. 189,614. Delano, C, Secretary. Sept 19, 1874. Vol. 3, p. 314.

4. Of other than medical persons may be furnished to show continu-
ance of disability.

CaUionn, W. W. Ctf. No. 122,550. Chandler, Z., Secretary. Jan. 15, 1876. Vol. 3, pp. 180-26.').

5. As to origin of disability in line of duty, should be furnished to
secure favorable action in invalid claims.

Courson, Lewis R. App. No. 210,306. Schurz, C, Secretary. . Feb. 28, 1880. VoL 7, p. 236.

EVIDENCE, MEDICAL.

Is not absolutely essential for the allowance of a claim where there
is no record. The best obtainable evidence should be adduced ; no
general rule can be adopted, each case being surrounded by diflfereut
circumstances.

IVolverton, James I. App. Xo. 204,931. Schurz, 0., Secretary. May 7, 1879. Vol. 6, p. 32?^
(Vide Swinton John. Ctf. No. 55,951. Cbandfei-, Z., Secretary. Dec. 5, 1876. Vol. 4, p. 4(5C..
West, William. App. No. 202,466. Kiikuood, S. J., Secretary. .Innc 15, 1881. Vol. 8, ]v
302.)

Koimey, Lorenzo D. App. No. 171,4:;a Clanr I. r, Z., Sociot:i.ry. Di-c. 1, 1875. Vol. 4, p. ]'>*^.

PENSION LAWS, DECISIONS, &C. 215

EVIDENCE, PAROL.

1. If tbere is no record evidence of service, and no certificate of dis-
charge is furnished, parol evidence is not admissible.

Underbill, Ificholas. App. ^o. 1,501. Suiitli, C. B., Secretary. Aug. 13, 1861. Vol. 2, p. 157.

U. In widow's chiiin for bounty-land not always suflScient in claims
for pension.

Howe, Deborah. App. Xo. 1,888. Usher, J . P., Secretary. Jan. 13, 1864. Vol. 2, p. 173.

See Evidence, Weight or Sufficiency of, ^ar. 2.

3. May be furnished to show continuance of disability.

Calhonn. W.W. Ctf.Ko. 122,550. Chandler, Z., Secretary. Jan. 15, 1876. Vol. 4, pp. 180-265.

4. May be received to show that soldier served as ai substitute.

Bartlett, Matilda. App. No. 14,421. Schurz, C, Secretary. Dec. 21, 1878. Vol. 6, p. 198.

/S'ee Old Waus, jpars. 2, 3, 4.

EVIDENCE, RECORD.

1. Kecord, such as "killed at Groverton," not sufficient to prove that
soldier was killed in battle.

Webber, Avis M. App. No. 26,465. Usher, J. P., Secretary. Oct. 16. 1864. Vol. 2, p. 177.

2. Correctness of, cannot be judged by the Commissioner of Pensions
nor questioned by the Secretary of the Interior. Additional evidence
filed to change the records of the War Department should be forwarded
to that Department without question.

Walcott.W.A. App. No. 151,095. Delano, C, Secretary. Apr. 13, 1875. Vol. 4, p. 4.

Ricot, Leopold. App. No. 115,626. Cowen, B. K., Acting Secretary. Oct. 8, 1875. VoL 4, p. 129.

3. Is not conclusive as to origin of disease in service and line of duty.

Herron, Andrew J. App. No. 177,322. Chandler, Z., Secretary. Dec. 5, 1876. Vol. 4, p. 464.
RULING OP THE COMMISSIONER OF PENSIONS.

KuLiNG No. 59. March 7, 1871.
When the war records show capture and subsequent death in prison,
proof as to circumstances of capture, or as to cause of death, will not
be required, unless records show that soldier was not in line of duty.

ORDER OF THE COMMISSIONER OF PENSIONS,

Order No. 25. August 8, 1873.
Upon reference of evidence that Rufus E, Woods, invalid claim No,
167,145, was wounded at Mission Ridge, and inquiry of this of&ce-—.
whether said soldier was wounded in action-^the Adjutant- General in-
dorsed: ^*The soldier is considered as having been wounded in action
^n said battle. Unless the remarks on the rolls show otherwise, a sol-
dier reported as wounded, say at Mission Ridge, Gettysburg, or the
Wilderness, or any other battle-field, is considered as having been
wounded in action^ and, therefore, amendment of the record is unneces-
sary."

216 PENSIOIS^ LAVv8, DECISIONS, &C.

EVIDENCE, RECORD— Continued.

Said declaration of the iuteiit of the phrase " icounded at Mission
Ridge November 25, 18G3," or at any other place, and on any other
day, where and when an action is known to liave been fonght, will be
iiccepted by this office without further inquiry.

EVIDENCE, WEIGHT OR SUFFICIENCY OF.

DECISIONS OF THE SECRETARY OF THE IXTERIOR.

1. Claimant's error as to the name of his disease, or as to the date
of its incurrence, and conflicting testimony on those points does not in-
validate facts otherwise shown.

Knight, Stephen. Smith, C. U , Scci* t;- y. Jniio 2G, 1861. Vol. 1, i>. 8.
Resh, Elizahoth. A pp. Jfo. 01,07(5. r.iowniiig, O. H., Secretary. Oct. 9, 18G6. Vol. 2, p. 1.
Lee, Solomon. x\pp. No. 38,GtG. liiowuiii'r, O. II.. Secretary. Oct. 10, 18G6. Vol. 2, p. 190.
Parr, Richanl V. App. No. 26.01G. Ddauo, C, Secretary. Apr. 20, 1874. Vol. 3, p. 179.

2. The evidence which is sufficient to establisli a bounty laud claim
where cause of death or disability is.no^ required to be shown is not
sufficient to establish a pension claim in which said facts are required
to be proved, and the pension, therefore, cannot commence from the
date of completing the bounty -land claim.

Howe, Deborah. Xo. 1,888. Usher, J. P., Secretary. Jan. 13, 1864. Vol. 2, p. 173.

3. Unsworn statements cannot be accepted to outweigh affidavits.

Brooks, Samuel. Ctf. No. 91,319. Delano, C, Secretary. Nov. 30, 1872. Vol. 1, p. 220.

4. The Commissioner of Pensions cannot judge as to the sufficiency
of evidence which is filed to change the record of another Department.

Walcott,W.A. Delano, C, Secretary. Apr. 13, 1875. Vol.4, pp. 4-10.

5. Where increase of pension is based on obesity resulting from loss
of leg : Seld, that such connection cannot be established by conclusive
proof, and it is not sufficiently probable to warrant allowance of increase
of pension.

Clayton, George. Ctf. No. 46,471. Schurz, C, Secretary. June 21, 1878. Vol.5, p. 496.

6. It is a rule of law that in the absence of the best testimony the
next best may be accepted.

It should not be required that a surgeon, in his examination of a claim-
ant for pension, must give a technical name to the disability found to
exist. It is sufficient if the fact is shown by credible witnesses, whether
medical or not, that the soldier has been disabled, and that he contracted
the disability in the line of duty in the service. The fact that surgeons
who examined the claimant in 1881 discovered the same disease upon
him that he was treated for in 1862 is a circumstance in favor of the
claim.

No reasonable presumption adverse to the claim can be derived from
the fact that he was of ad v« need age at the date of eulistment. If the

PENSION LAWS, DECISIONS, &C. 217

EVIDENCE, WEIGHT OR SUFFICIENCY OF— Continued.

Government chose to accept him as a soldier, notwithstanding his age,
it would not be justified in taking advantage of that circumstance after
he has become disabled in the service, in considering a claim for pen-
sion for such disability.

Willis, William. No. 263.304. Teller, H. M., Secretary. Nov. 17, 1883. Vol. 11. p. 62.

7. At the second special examination the appellant produced a num
ber of witnesses who swore that they were more or less intimately ac-
quainted with him before he enlisted and that they never observed any-
thing wrong with his eyes.

Statements of this kind have very little value as evidence. The tes-
timony of a person who did observe cannot be overcome by that of a
person who did not observe. It can ouly be overcome by showing that
the witness is unworthy of belief, or by proof of some actual facts or
circumstances which, in themselves, controvert his testimony.

Howard, Joseph. No. 215,203. Joslyxi, M. L., Acting Secretary. Apr. 14, 1884. Vol. 11, p. 198.
RULINGS OF TH15 COMMISSIONER OF PENSIONS.

EULING No. 18. March 7, 1871.
Where the soldier is borne on the rolls as killed on a given date, the
testimony of an officer that he was killed by the enemy, while in the
line of duty, will be sufficient as to death, without requiring such a
showihg of the facts as to enable the office to judge for itself whether
the soldier w^as in the line of duty.

EULING No. 19. June 6, 1871.
In all cases where the applicant for pension under act of February
14, 1871, received a bounty-land warrant, testimony which this office
accepted as proof in the settlement of the claim for said warrant will
be taken as conclusive upon the saine points presented in the case :
Provided., There be no suspicion that such evidence was fraudulently
procured or erroneously applied in the bounty-land case.

EULiNa No. 76. March 29, 1883.
The reason for the rule which requires that claimant should furnish
the proof of a commissioned officer, when possible, being that the offi-
cer whose duty it was to oversee and keep a record of the men under
his command, is better able to speak as to the (lisabilities of any indi-
vidual than comrades, as his mind is charged constantly with their af-
fairs, applies with equal or greater force to a first (orderly) sergeant.
Hereafter the testimonjrof a first sergeant, who speaks with knowledge,
will be accepted as of the same grade, and entitled to the same prece-
dence, as that of a commissioned officer.

EULma No. 103. Ma,y 14, 1885.
Where a claim for pension was made on account of an obscure disa-
bility (piles), alleged to have been contracted in 18G3, and it appeared

218 PENSION LA\Vi<, DECIISIONS, d:C.

EVIDENCE, WEIGHT OR SUFFICIENCY OF—Continued.

that none of the officers of the claimant's company or surgeons of his
regiment were cognizant of his disability, and that all the comrades who
were said to have a knowledge of it are dead : Held, that in view of the
fact that the claim was not filed until seventeen years after claimant's
discharge, and the proof tending to show the continuance of the alleged
disability since that date being insufficient, the evidence filed is not
sufficient to warrant the favorable consideration of the claim, and that
claimant must seek relief from Congress.

Case ot Truman Asb. App. No. 465,373.

Ruling- No. 126. July 30, 1885.
Where the inherent probabilities are adverse to a claimant's right to
peusion, but all the evidence on file is favorable thereto, unless the right
and the positive weight of evidence is destroyed by those probabilities
the evidence will prevail and the claim will be admitted.

<';«e of the widow of John Lively. App. No. 294,861. Order book, p. 75.

Ruling jS"o. 144. November 11, 1885.
Where a claimant alleged *^ hernia," incurred during confinement in
aebel prison, and was unable to furnish evidence of officers and comrades
:as to the circumstances of origin, although he had tiled testimony to
jshow that he was free from hernia when he was captured, and that he
•was suffering from that disability when he returned to his command,
the Commissioner held, That from the very nature of the case, sepa-
rated as the claimant was from his comrades, and in the hands of the en-
emy, he has furnished the best evidence he can obtain, and that, in the
absence of any adverse testimony, origin in service and line of duty
will be accepted and his claim will be admitted.

Matherby, Daniel H. App. No. 316,127. Order book, p. 103.

EXAMINING SURGEONS.

Section 4774, Revised Statutes.

Superseded by section 4 of act of July 25, 1882, a^sfollotcs :
'* Sec. 4. That the Commissioner of Pensions is hereby authorized to
appoint surgeons who, under his control and direction shall make such
examination of pensioners and claimants for pension or increased pen-
sion as he shall require; and he shall organize boards ol surgeons, to
consist of three members each, at such points iu each State as he shall
deem necessary, and all examinations, so far as practicable, shall be
made by the boards, and no examination shall be made by one surgeon
excepting under such circumstances as make it impracticable for a
claimant to present himself before a board : Provided, That the Commis-
sioner may, when in his opinion the exigencies of the service require it,
•organize a board of three surgeons who, under his direction, shall re-
view the work of any regularly-appointed board or surgeon : Provided

PENSION LAWS, DECISIONS, &C. 219

EXAMINING SURGEONS-Xlontinued.

further^ That all examinations shall be thorough and searchinj^f, and the
certificate contain a full description of the physical condition of the
claimant at the time, which shall include all the i)hysical and rational
signs and a statement of all structural changes.

Sec. 36, 3 Mar., 187 J; sec. 8, 4 July, 1804. For orio;inal st^ction see Addenda.

** The fee for each examination, and satisfactory certificate thereof,
shall be two dollars to each member when made by a board, and two
dollars when made by one surgeon : Provided^ That when a claimant is
so disabled as not to be able to present himself to a board of surgeons
for examination, the Commissioner may order a surgeon to make the
examination at the claimant's residence ; and the fee for such examina-
tion shall be two dollars, in addition to the payment of the actual
traveling expenses of the surgeon : Provided further ^ That no fee shall
be allowed or paid to any member of such board of examining surgeons
who does not actually participate in such examination and sign the cer-
tificate thereof.

See aiuendment by act 3 Mar., 1885.

"The Commissioner may, when in his judgment the degree of dis-
ability cannot be determined truthfully or satisfactorilj^ excepting by
expert examination, employ an expert, not a regularly -appointed sur
geou, to make the examination j and the fee for such examination shall
be five dollars : Provided, That the fee for an expert examination shall
not be paid to any regularly-appointed examining surgeon.

"The fee for the examination of claimants who reside out of the United
States shall not exceed ten dollars, which shall be paid, upon the pres-
entation of satisfactory vouchers, out of the appropriation for the pay-
ment of the examining surgeons, and through the United States consu-
late nearest to the claimant's place of residence."

Act of July 25, 1882.

Amended by act of March 3, 1885, as follows :

"And each member of each examiniug board shall, as now authorized
by law, receive the sum of two dollars for the examination of each
applicant whenever five or a less number shall be examined on any
one day, and one dollar for the examination of each additional appli-
cant on such day : Provided, That if twenty or more applicants appear
on one day, no fewer than twenty shall, if practicable, be examined on
said day, and that if fewer examinations be then made, twenty or more
having appeared, then there shall be paid for the first examinations
made on the next examination day the fee of one dollar only until
twenty examinations shall have been made,''

See sec 4, act 25 July, 1882.

220 PENSION LAWS, DIXISIONS, &C.

EXAMINING SURGEONS— Continued.

Section 4775, Revised Statutes.

ExamiDing surgeons duly appointed by the Commissioner of Pensions,
and such other qualified surgeons as may be employed in the Pension
Office, may be required by him, from time to time, as he deems for the
interest of the Government, to make special examinations of pensioners
or applicants for pension, and such examinations shall have precedence
over previous examinations, whether special or biennial; but when in-
justice is alleged to have been done by an examination so ordered, the
Commissioner of Pensions may, at his discretion, select a board of three
duly appointed examining surgeons, who shall meet at a place to be
designated by him, and shall review such cases as may be ordered be
fore them on appeal from any special examination, and the decision of
such board shall be final on the question so submitted thereto, provided
the Commissioner approve the same. The compensation of each of such
surgeons shall be three dollars, and shall be paid out of any appropri-
ations made for the payment of i)ensions, in the same manner as the or-
dinary fees of appointed surgeons are or may be authorized to be paid.

Sec. 37; 8 March, 1873.

Section 4777, Revised Statutes.

The Commissioner of Pensions is empowered to appoint, at his dis-
cretion, civil surgeons to make the periodical examinations of pension
ers which are or may be required by law, and to examine applicants iov
pension, where he deems an examination by a surgeon appointed by
him necessary ; and the fee for such examinatious, and the requisite
certificates thereof, in duplicate, including postage on such as are trans-
mitted to pension agents, shall be two dollars, which shall be paid by
the agent for paying pensions in the district within which the pensioner
or claimant resides, out of any money appropriated for the payment of
pensions, under such regulations as the Commissioner of Pensions may
prescribe.

Sec. 35, 3 Mar., 1873 ; sec. 8, 14 July, 1862 ; see sec. 8, 4 July, 1864.

DECISIONS OF THE SECRETARY OF THE INTERIOR.

1. Examining surgeons should not inform the party examined of the
result of examination.

Krise, O. H. P. Ctf. No. 15,652. Delano, C, Secretary. June 25, 1874. Vol. 3, pp. 234, 249.

2. Examining surgeons have no authority to determine whether a
disability is " permanent" and " specific" in the sense contemplated by
section 4698J, Revised Statutes.

Kent, George E. App. No. 159,143. Cuaudler, Z., Secretary. Sept. 1, 1876. Vol. 4, p. 389.

PENSION LAWS, DECISIONS, &C. 221

EXAMINING SURGEONS— Continued.

RUL-ING OF THE COMMISSIONER OF PENSIONS.

EuLiNa No. 20. February 6, 1873.
By direction of the Assistant Secretary the mention of " board of ex-
amining surgeons " in the instructions under date of January 20, 1873,
relating to the increase of pensions and the weight of the report of ex-
amining surgeons, is to be understood as referring solely to boards of
examining surgeons appointed upon appeal from alleged injustice done
by reports of special examinations in accordance with section 8, act of
July 4, I8()4.

ORDER OF THE COMMISSIONER OF PENSIONS.

Oeder No. 77. March 15, 1882.
Examining surgeons, being officers in the service of this Bureau, and
amenable to its discipline, their unsworn statements will be accepted
as evidence in pending claims, subject to the exception that when title
to a pension in doubtful cases rests on their evidence alone an affidavit
may be required.

EXAMINING SURGEON'S CERTIFICATES.

DECISIONS OF THE SECRETARY OF THE INTERIOR.

1. Should determine rate of pension in absence of opposing evidence,
unless there is ground for suspecting collusion or fraud.

Nolte, Henry. Ctf. No. 85,047. Browning, O. H., Secretary. J"an. 10, 1868. Vol. 2, p 65.

2. Should not be considered as being either '' record" or " parol" evi-
dence. They do not constitute such evidence as is required by law to
establish a claimant's right to pension. They go to show merely the
degree of pensionable disability, if any exists.

Hostettler, Peter M. App. No. 124,787. Cowen, B. R., Acting Secretary. Jan. 23,1873. Vol.
1, p. 263.

3. Copies of, should not be furnished to attorneys.

Jones, Lewis J. No. 13,480. Delano, C, Secretary. Sept. 19, 1874. Vol. 3. p. 312. Also case
of Clnck, John. Ctf. No. 25,302. Bell, A., Acting Secretary. June 23, 1877. Vol. 5, p. 141.

4. Date of, governs commencement of increase, except in cases of
specific disability.

Kelly, Michael. Ctf. No. 45,833. Delano, C, Secretary. Nov. 18, 1874. Vol, 3, p. 353.

5. Should not be disapproved or disregarded, except for good and
sufficient reasons.

Smith, Sheridan B. App. No. 159,143. Cowen, B. R., Acting Secretary. Nov. 27, 1874. Vol.
3, p. 378.

G. Cannot be set aside or controverted by the testimony of family
physicians or neighbors, especially where such certificates were made by

222 PENSION LAWS, DECISION.*^, &C.

EXAMINING SURGEON'S CERTIFICATES— Continued.

a board of examining surgeons based upon a careful examination of
the party in interest.

Atwell, Joseph. App, No. 224,903. Sehniz, C, Secretary. Sept. 8, 1877. Vol. 5, p. 205 (Vide
Barnard, Milo H. App. No. 218,202. Schurz, C, Secretary, Oct. 28, 1880. Vol. 8, p. 44.)

Hensly, John W. Xo. 227,800. Teller, H. M., Secretaiy. Apr. 30, 1884. Vol. 11. p. 221. See
also case of Nay lor, James. No. 408,282. Teller, H. M. Secretary. May 1, 1884. Vol.11,
p. 237, and cases of—

Fair, Shuball B. Ctf. No. 242,772. Teller, II. M. Securetary. May 1, 1884. Vol. 11, p. 239.

Wally, James S. No. 302,333. Teller, H. M., Secretary. May 1, 1884. Vol. 11. p. 232.

7. The report of a board of examining surgeons cannot be set aside by
the certificate of a single surgeon. The principle that an examination
by a board of surgeons should take precedence over the examination
of a single surgeon is recognized in law.

Wyatt, William J. App. No. 203,129. Schurz, C, Secretary. July 18, 1877. Vol. 5, p. 150.
Note.— Same principle involved in the following decision :

An applicant for pension was examined by a single examiniug sur-
geon October 29, 1880, and his disability was rated at one-fourth and
his pension was allowed at that rate from date of discharge. He ap-
pealed for an examination by a board of surgeons, as provided in sec-
tion 4775, Eevised Statutes, and was examined by such board August
17, 1881, who rated his disability at one half : Held, on appeal, that the
examination by the board of surgeons superseded that of the single
surgeon and that the pension should be allowed at the rate of one-half
from said October 29, 1880, there being no evidence to show that the
claimant " is entitled to that rate for any prior period." It was also
held that the question was not one of the commencement of increase of
pension under section 4698J Revised Statutes.

Barnard, Charles H. Ctf. No. 186,553. Kirkwood, S. J., Secretary. Dec. 13, 1881. VoL 9, p. 31.

EXECUTORS.

See Arrears, par. 2.

FATHERS, DEPENDENT.

See Dependence (Fathers).

PEES OF AGENTS AND ATTORNEYS.

Section 4711, Revised Statutes.

♦ # ♦ « ^ud j|,j claim agent or other person shall be entitled to
receive any compensation for services in making application for arrears *
of pension."

Sec. 13, 3 Mar., 1873; acts 25 Jan.. and Mar. 3, 1879.

PENSION LAWf?, DECISIONS, &C. 223

FEES OF AGENTS AND ATTORNEYS— Continued.
Section 4768, Eevised Statutes.

The Commissioner of Pensions shall forward the certificate of pen-
sion, granted in any case, to the agent for paying pensions where such
certificate is made payable, and at the same time forward therewith
one of the articles of agreement filed in the c.ise and approved by the
Commissioner, setting forth the fee agreed upon between the claimant
and the attorney or agent; and where no agreement is on file, as here-
inbefore provided, he shall direct that a fee of ten dollars only be paid
the agent or attorney.

Sec. 9, 8 July, 1870; sec. C. 14 July, 1862; sue. 12, 4 July, 1864; repealed as to new cases (see
act 20 June, 1878) : see act 20 July, 1878 ; see sec. 4, 25 Jan., 1879.

Section 4769, Revised Statutes.

It shall be the duty of the agent paying such pension to deduct from
the amount due the pensioner the amount of fees so agreed upon or
directed by the Commissioner to be paid where no agreement is filed
and approved, and to forward or cause to be forwarded to the agent or
attorney of record named in such agreement, or, in case there is no«
agreement, to the agent prosecuting the case, the amount of the proper-
fee, deducting therefrom the sum of thirty cents in payment of his serv-
ices in forwarding the same.

See sec. 4, 25 Jan., 1879 ; sec. 10, 8 July, 1870 ; repealed as to new cases (see act 20 June, 1878) ;
see appropriation act 20 June, 1874 ; repealed as to deduction of fee of thirty cents, see act
June 14, 1878.

Section 4, act of January 25, 1879.

"No claim agent or other person shall be entitled to receive any com-
pensation for services in making application for arrears of pension."

Act of July 4, 1884.

* * * '-That the act entitled 'An act relating to claim agents
and attorneys in pension cases,' approved June twentieth, eighteen
hundred and seventy-eight, is hereby repealed : Provided, however^ That
the rights of the parties shall not be abridged or afi'ected as to contracts
in pending cases, as provided for in said act; but such contracts shall
be deemed to be and remain in full force and virtue, and shall be recog-
nized as contemplated by said act.

"Sec. 2. That sections forty-seven hundred and sixty -eight, forty -seven
hundred and sixty-nine, and forty-seven hundred and eighty-six of the
Revised Statutes are hereby made applicable also to all cases hereafter
tiled with the Commissioner of Pensions, and to all cases so filed since
June twentieth, eighteen hundred and seventy-eight, and which have
not been heretofore allowed, except as hereinafter provided.

" Sec. 3. That section forty-seven hundred and eighty-five of the Ee-
vised Statutes is hereby re enacted and amended so as to read as follows:

'' ' No agent or attorney or other person shall demand or receive any

224 PENSION LAWS, DECISIONS, &C.

FEES OF AGENTS AND ATTORNEYS— Continued.

other compensation for his services in prosecuting a claim for pension
or bounty-land than such as the Commissioner of Pensions shall direct
to be paid to him, not exceeding twenty-five dollars; nor shall such
agent, attorney, or other person demand or receive such compensation,
in whole or in part, until such pension or bounty-land claim shall be
allowed : Providedj That in all claims allowed since June twentieth,
eighteen hundred and seventy-eight, where it shall appear to the satis-
faction of the Commissioner of Pensions that the tee of ten dollars, or
any part thereof, has not been paid, he shall cause the same to be de-
ducted from the pension, and the pension agent to pay the same to the
recognized attorney.'

Sec. 3, act 4 July, 1884; sec. 31, 3 Mar., 1873 ; sees. 6, 7, 14 July, 1862 ; sees . 12, 13, 4 July, 1864 ;
sec. 8, 8 July, 1870.

" Sec. 4. That section forty-seven hundred and eighty-six of the Ee-
vised Statutes is hereby amended so as to read as follows :

"^The agent or attorney of record in the prosecution of the case may
cause to be filed with the Commissioner of Pensions duplicate articles
of agreement without additional cost to the claimant, setting forth the
fee agreed upon by the parties, which agreement shall be executed in
the presence of and certified by some officer competent to administer
oaths. In all cases where application is made for pension or bounty-
land, and no agreement is filed with the Commissioner as herein pro-
vided, the fee shall be ten dollars and no more. And such articles of
agreement as may hereafter be filed with the Commissioner of Pensions
are not authorized, nor will they be recognized except in claims for
original pensions, claims for increase of pension on account of a new
disability, in claims for restoration where a pensioner's name has been
or may hereafter be dropped from the pension-rolls on testimony taken
by a special examiner, showing that the disability or cause of death on
account of which the pension was allowed did not originate in the line
of duty, and in cases of dependent relatives whose names have been or
may hereafter be dropped from the rolls on like testimony, upon the
ground of non-dependence, and in such other cases of difficulty and
trouble as the Commissioner of Pensions may see fit to recognize them:
Provided, That no greater fee than ten dollars shall be demanded, re-
ceived, or allowed in any claim for pension or bounty-land granted by
special act of Congress, nor in any claim for increase of pension on ac-
count of the increase of the disability for which the pension had been
allowed : And provided further, That no fee shall be demanded, received,
or allowed in any claim for arrears of pension or arrears of increase of
pension allowed by any act of Congress passed subsequent to the date
of the allowance of the original claims in which such arrears of pension
or of increase of pension may be allowed.

Sec. 7, 8 July, 1870 ; see sec. 6, 14 July, 1862 ; see sec. 12, 4 July, 1864 ; see sec. 4, 6 June, 1866 ;
see sec. 4768 R. S. ; see sec. 4, 2.5 Jan.. 1879 ; see, for penalty, sec. 5485 R. S., re-enacted in
section 3 of this act.

PI^NSiOK- LAWS, DECISIONS, &c. 225

i'EES OF AGENTS AND ATTORNEYS— Continued.

''The articles of agreement herein provided for shall be in substance
as follows, to wit :

ARTICLES OP AGREEMENT.

Whereas I, -, late a , in Company — , of the Regiment of

Volunteers, war of 1861 [or, if the service be different, here state the same],

having made application for pension under the laws of the United States :

Now, this agreement witnesseth that, for and in consideration of services done and

to he done in the iireniises, I hereby agree to allow my attorney, , of

, the feeof dollars, which shall include all amounts to be paid for any service

in furtherance of said claim ; and said fee shall not be demanded by or payable to my
said attorney [or attorneys], in whole or in part, except in case of the granting of my
pension by the Commissioner of Pensions ; and then the same shall be paid to him [or
them] in accordance with the provisions of sections 4768 and 4769 of the Revised
Statutes.

[Claimant's signature. ]
[Two witnesses' signatures.]

State of ,

County of , 88 :

Be it known that on this the — day of , A. D. 188-, personally appeared

the above-named , who, after having had read over to ^ in the hear-
ing and presence of the two attesting witnesses, the contents of the foregoing articles

of agreement, voluntarily signed and acknowledged the same to be free act and

deed.

[Official signature.]

And now, to wit, this — day of , A. D. 188-, I [or we] accept the'provisions

contained in the foregoing articles of agreement, and will, to the best of my [or our]
ability, endeavor faithfully to represent the interest of the claimant in the premises.

Witness my [or our] hand, the day and year first above written.

[Signature of attorney.]

State of ,

County of , S8 :

Personally came , whom I know to be the person he represents himself

to be, and who, having signed above acceptance of agreement, acknowledged the

same to be free act and deed.

[OflEicial signature.]

"And if in the adjudication of any claim for pension in which such ar-
ticles of agreement have been or may hereafter be filed it shall appear
that the claimant had, prior to the execution thereof, paid to the attorney
any sum for his services in such claim, and the amount so paid is not
sti[)ulated therein, then every such claim shall be adjudicated in the
same manner as though no articles of agreement had been tiled, deduct-
ing from the fee of ten dollars allowed by law such sum as claimant
shall show that he has paid to his said attorney.

"Any agent or attorney or other person instrumental in prosecuting
any claim for pension or bounty land who shall directly or indirectly con-
tract for, demand, or receive or retain any greater compensation for his
services or instrumentality in prosecuting a claim for pension or bounty-
land than is herein provided, or for payment thereof at any other time
7018 PEN 15

226 PENSTOX LAWS, DECISIONS, &C.

FEES OF AGENTS AND ATTORNEYS—Continued.

or iu any other manner than is herein provided, or who shall wrongfully
withhold from a pensioner or claimant the whole or any part of the pen-
sion or claim allowed and due such pensioner or claimant, or the land
warrant issued to any such claimant, shall be deemed guilty of a misde-
meanor, and upon conviction thereof shall for every such offense be fined
not exceeding five hundred dollars, or imprisoned at hard labor not
exceeding two years, or both, in the discretion of the court.

Act 3 March. 1873 ; see sec. 5485. R. S.

(For sec. 5 see Attorneys.)

" Sec. 6. The Commissioner shall have power, subject to review by
the Secretary, U) reject or refuse to recognize any contract for fees,
herein provided for, whenever it shall be made to appear that any un-
due advantage has been taken of the claimant in respect to such con-
tract.'^

DECISIOIfS OF THB SECRETARY OF THE ESTTERIOR.

1. Kone payable under fee agreement unless approved by Commis-
sioner of Pensions.

Instructions: Cox, J. D., Secretary. Aug. 19, 1870. VoLl, p. 88.

2. Fee of $10 only allowed attorney in claims completed prior to July
8, 1870.

Hanson, John D. No. 141,263. Delano, C, Secretary. Nov. 11, 1870. VoL 1, p. 89.

3. None due for obtaining transfer of payment of pension.

Bums, John. Ctf. No. 65,043. Delano, C, Secretary. Feb. 11, 1871. Vol. 1, p. 100.

- 4. Kone due for obtaining duplicate pension certificate.

Hynes, John. Ctf. No. 72,981. Delano, C, Secretary. Sept 12, 1871. Vol. 1, p. 121 ; vol. 2, p.
115.

5. None due for services in claims under act of June 8, 1872, for in-
crease of pension.

Shuback, Jacob. Ctf. No. 111,237. Delano, C, Secretary. July 13, 1872. Vol.l, p,207.

6. Payable at time of first payment of pension, not before.

Rynes, M. W. Ctf. No. 12,837. Delano, C, Secretary. Dec. 20, 1872. Vol. 1, p. 238.

7. Where articles of agreement for $25 were filed in a claim under
the provisions of the general pension laws and it was rejected, and
afterward a pension was granted the claimant bj'^ a special act, it was
held that the attorney was not entitled to the contract fee, for the reason
that the claim was not prosecuted to a successful issue before the Pen-
sion Office. Payment of a fee of $10 according to former practice in such
cases approved.

Johnson. Edwin. Ctf. No. 129,642. Delano, C, Secretary. Nov. 19,1874. Vol. 3, p. 85ft.
Wood, Warren F. No. 150,375. Scborz.C, Secretary. Jan. 3, 1879. Vol.6, p. 250.
Tolanrl. Robert S. Ctf. No. 158,985. Kirkwood, S. J., Secretary. Dec. 13, 1881. Vol. 9, p. 34.
Sunders. Benjamin. No. 104,152. Joslyn, M. L., Acting Secretary. Aug. 10, 1884. Vol.11, p,
334.

PENSION LAWS, DECISIONB, «feC. 227

PEES OF AGENTS AND ATTORNEYS -Continued.

8. Agreements as to, if executed before the attorney of record him-
self, are not binding.

Menter, Jacob. Ctf. No. 130,945. Delano, C, Secretary. Jan. 18, 1875. Not recorded.

9. None due if attorney abandons prosecution of the claim.

Batchekler, Mrs. E. A. App. No. 192,776. DeLano, C, Secretary. June 8, 1875. Vol. 4, p. 63.

10. Kone due in claims of minors for increase of pension.

Whitley, "W. D., minors of. Ctf. No. 147.790. Delano, C, Secretary. Aug. 24, 1875. Vol. 4, p.
99.

11. None due in claims where the rates of pension for specific disabili-
ties are increased by law.

Hall, John W. Ctf. No. 47,066. Chandler, Z., Secretary. Nov. 20, 1875. VoL4,p.l50.

12. Of $10 allowable in cases in which fee agreements fail to specift^
a certain sum.

Preston, W. E. (attorney). Gorham, Charles F., Acting Secretary. July 12, 1876. Vol. 4, p
338.

13. Contracts for, filed in bounty -land claims under the general law,
do not apply to special act claims.

Niles, S. V. Schurz, C, Secretary. Jan. 10, 1879. Vol. 6, p. 221.

14. Payment of fee to an attorney in case where certificate was issued
after death of applicant having no child under sixteen years of age ;
HehJ^ that the allowance, if any, must be determined by section 4718, R. S.,
which contemplates that the fee should be paid only when the pension
is paid.

King, Sarah, widow of King, William H. No. 133,002. Schurz, C, Secretary. Aug. 12, 1879.
Vol. 6, p. 437.

15. Where payment of fee of $25 was declined upon the ground that
contracts were not filed in duplicate, copy of original accepted to supply
deficiency and payment of fee authorized as though duplicate contracts
were originally filed.

Janiierson, Henry. Ctf. No. 163,782. Schurz, C, Secretary. Jan. 29, 1880. Vol. 7, p. 192.

IG. Contracts for, are npt valid if made with a minor.

Sargent, William, minors of. Ctf. No.179,086. Schurz, C, Secretary. Feb. 17, 1880. Vol. 7, p.
220.

17. Where fee of $25 was paid to an attorney through oversight, said
attorney having neglected the case for more than two years, the second
attorney having completed the claim : Held^ that the office should re-
quest the return of $10, the same to be paid to the second attorney, this
being the amount to which he would be entitled under the law.

Barrett, George A. Ctf. No. 163,664. Schurz, C, Secretary. Mar. 6, 1880. VoL 7, p. 248.

18. A fee cannot be demanded or received by an attorney from a claim-
ant on a claim which proved to be a duplicate of one filed prior to June
20, 1878 (see sections 4768, 4769, and 4786, Revised Statutes). The pro-

228 PENSION LAWS, DECISIONS, &C.

FEES OF AGENTS AND ATTORNEYS— Continued.

visions of law in these sections are rendered inoperative only in claims
filed after June 20, 1878, and in pending claims in which claimant had
been represented by an attorney prior to that date. The fee taken in
advance is illegal and should be returned to the claimant.

Garrison, Malachi. App. No. 228,826. Schurz, C, Secretary. May 14, 1880. Vol. 7, p. 348.

19. Contracts for, filed under section 478G, Revised Statutes, where
the amount to be paid is not designated therein, are informal, and action
of office, authorizing the payment of a fee of $10, approved.

Ware, Charles K. Ctf. No. 168, 545. Schurz, C, Secretary. Aug. IG, 1880, Vol. 7, p. 457.

20. Cannot be paid out of accrued pension money after the death of
the pensioner.

Shanger, Catharine. Ctf. No. 185,155. Bell, A., Acting Secretary. Oct. 4, 1880. Vol. 8, p. 38.
• (See sections 4718, 4768, and 4769, Revised Statutes.)

(See, also, decision of Assistant Secretary H. L. Muldrow, dated June 23, 1885, in the case of
Frederick Englehart. Ctf. No. 208.044.

21. Where an attorney receives a part of his legal fee in advance, the
Commissioner of Pensions will withhold the usual direction to the pen-
sion agent to pay the fee until the attorney refunds the amount received
in advance.

Pratt, John N. Ctf. No. 172,378. Schurz, C, Secretary. Feb. 14, 1881. Vol. 8, p. 141. (Sec-
tions 4768, 4769, and 4786, Revised Statutes, and act of June 20, 1878.)

22. Attorneys will not be allowed to receive any other sum than that
sj)ecified in the law for their services in prosecuting claims.

Wilkinson, Ross. Ctf No. 170,125. Kirkwood, S. J., Secretary. May 8, 1881. Vol. 8, p. 242. (See
act of June 20, 1878.)

23. When an attorney has been paid a fee for his services in obtain-
ing the allowance of a widow's pension claim at the rate of $8 per month
from the date of her husband's death, the reopening of such claim for
the consideration of the question of the right of such widow to a higher
rate of pension, upon the ground that her husband held a higher rank
than that of sergeant at the time he contracted the fatal disease, " does
not give the attorney the right to demand another fee, -for the reason
that all evidence necessary to determine the proper rate of pension
should have been filed before the claim was adjudicated."

Godfrey, EUeu M. Ctf. No. 188,922. Kirkwood, S. J., Secretary. Dec. 19, 1881. Vol. 9, p. 43.

24. On instructions received from the Secretary and Acting Secretary
of the Interior, dated, respectively, November 21 and 28, 1882, as to the
fees of attorneys in the classes of cases therein mentioned. Order No. 86
was modified, and Order No. 89 was promulgated, as follows, viz :

(1) The fee due the attorney, where there is no "contract, will be
withheld by the pension agent until the claim is settled upon all the
disabilities alleged, and then paid upon order of this Office."

(2) In cases where there is a contract, ten dollars of the fee will be
paid upon the issue of the first certificate, " and the rest of the fee will

PENSION LAWS, DECISIONS, &C. 229

FEES OF AGENTS AND ATTORNEYS— Continued.

be withheld by the peusioii agent till ordered to pay on the final settle-
ment of the claim."

Instructions : Teller, H. M., Secretary, and Joslyn, M. L., Acting Secretary. Vol. 9. pp. 467 and

477.

25. A claim for au original invalid pension was filed in this office
prior to June 20, 1878, and when allowed the pension agent was directed
to pay the fee of $10 (there being no fee agreement) to the attorney.
On the receipt of the order the pension agent returned the same to this
office, with the information that such fee had been paid by the claim-
ant to the attorney in person.

On appeal it was held that the attorney, having received his legal fee
direct from the claimant, was not entitled to the fee of $10 ordered to
be paid him by the pension agent, and the proposition of this Office to
destroy the fee order was approved.

Eittenhouse, J. H. (J. F. Goddard, att'y.) Clf. No. 205,702. Teller, H. M., Secretary. Apr.
14, 1883. Vol. 10, p. 305.

20. A claim for invalid pension was allowed in May, 1866, and on
the certificate of the pensioner's medical examination in 1871, that his
disability had ceased to exist, his name was dropped from the pension
roll for that reason. He filed a claim for her restoration August, 1874,
through his duly authorized attorney, who was succeeded by the pres-
ent appellants, who prosecuted the claim to a successful issue, and the
pensioner's name was restored to the roll.

It was held, on appeal, that the appellants were entitled to a fee of
$10 for their services in prosecuting the claim.

Wideawake, H. I. (Sanborn & King, att'ys. ) Ctf. l!^o. 64,182. Teller, H. M. , Secretary. Apr.
17, 1883. Vol. 10, p. 305.

27. B. D. Hyam, the original attorney, filed May 15, 1878, ^' duplicate
articles of agreement in which the applicant agreed to pay to him or to
his assigns, the sum of $20 for prosecuting the claim successfully." He
transferred his business to Messrs. Pennebaker & Sou, who prosecuted
the claim to a successful termination.

It was held, on appeal, that "the agreement to pay to B. D. Hyam,
or his assigns, a fee of $20 for prosecuting the claim successfully was
sufficient warrant for the recognition of the persons to whom Hyam
transferred his business," and thej^ having successfully prosecuted the
claim, " are entitled, as the assigns of Hyam, to the fee ($20) which the
applicant agreed to pay."

Parker, James. Ctf. No. 3,621. (Mex. War.) Teller, H. M., Secretary. July 2, 1883. Vol. 10, p.
486.

28. A claim for pension on account of chronic diarrhea, with a fee
contiMct for $2j, was filed in this office i>rior to the passage of the act
of June 20, 1878, and subsequent to its i)assage the api:>licant filed a
claim on account of sunstroke.

230 PENSION LAWS, DECISIONS, &C.

FEES OF AGENTS AND ATTOENEYS— Continued.

The claim being complete ou jk ( ount of the first-uamed disability,
was allowed, and the attorney awaided a fee of $10, and the claim lor
sunstroke was held in abeyance under rule 82 of this office.

It was held, ou appeal, however, that the fee-contract in this case
was made for the prosecution of the claim for chronic diarrhea, and,
being on file at*date of the passage of the act referred to, the attorney
was entitled to the stipulated fee of $25 ou the allowance of the same.
It was also held that " the claim on account of sunstroke is (was) a
separate and distinct claim from that made on account of diarrhea,
and not an amendment thereof."

Osbom, Riley. Ctf. No. 236,426. Teller, H. M., Secretary. Dec. 10. 1883. Vol. 11, p. 95.

29. A claim for invalid pension on account of "rheumatism, disease
of lungs, and hernia," was filed in this office prior to June 20, 1878, with
articles of agreement in the sum of $25. The claim on account of dis-
ability from rheumatism and disease of lungs was allowed after the sol-
dier's death, and the claim on account of hernia was not allowed, nor
was it rejected, and the pension agent was directed to pay the attorney
his fee of $10, then due, under the rules of this office, and the balance
of the contract fee was withheld to be paid on the final settlement of
the claim.

The attorney having claimed, on appeal, that this office should have
ordered the whole of the fee of $25 to be paid when the claim was par-
tially adjudicated, the honorable Secretaiy, in affirming the action of
this office in the premises, uses the following language, to wit:

"It has been the uniform practice of your office, which has been ap-
proved by this Department, in cases where there is a contract, $10 of
the fee will be paid upon the issue of the first certificate, and the rest
of the fee will be withheld by the pension agent till ordered to pay on
the final settlement of the claim.

*******

" The action of your office in withholding the balance of the fee in
this case was in conformity with the practice and rulings in cases simi-
lar in character to the one now under consideration, and it is approved
by this Department."

EsteB, Joseph H. Ctf. No. 242,759. Teller, 11. M., Secretary. Jan. 5, 1884. Vol. 11, p. 118.

30. If an attorney deems the fee allowed by law in a pension case to
be insufficient to justify his taking the risk of collecting his fee after
he has consented to represent the claimant and has rendered some as-
sistance in the prosecution of the claim, he need not, of course, consent
to act as attorney in the case. But if he does consent, and as attorney
for the claimant file the claim in your (the Pension) office, the Depart-
ment will not permit any delay in the adjudication of the claim and the
consequent obstruction to the business of your (the Pension) office
growing out of an attempt by the attorney to secure the payment of

PENSION LAWS, DECISIONS, &C. 231

FEES OF AGENTS AND ATTORNEYS— Continued,

au.y portion of his lee b^ refusing to communicate to the claimant the
requirements of your (the Pension) office for evidence, or by failing to
tile such evidence when perfected.

► Instructions (on letter of Milo B. Stevens & Co.). Teller, H. M., Secretary. Mar. 11, 1884.

Vol. 11, p. 166.

31. In a claim for invalid pension filed and represented by attorney
prior to June liO, 1878, the appellants, George Bancroft & Co., filed a
]>ower of attorney with power of substitution October 13, 1880, and
substituted Freeman, Ward & Co., December 22, 1881, which firm resold
their interest therein to the appellants. Neither of these firms called
up the case until July 22, 1882, nearly two years after the appellants
had filed their power of attorney.

After such neglect the claimant employed other attorneys who prose-
cuted the claim to a successful termination. And it appearing that the
api)elUvnts had received from the claimant the sum of $5 in part pay-
ment of their lee, they were required to refund the same to him. From
this requirement an appeal was entered.

In deciding the appeal the following language was used, viz : " It
appears that Bancroft & Co. neglected the claim for nearly two years
}ind did not render any service to the claimant whatever, and therefore
1 hey are not entitled to any fee.

'^ After a careful review of the papers on file, the Department sees
no good reason to interfere with your order requiring appellants to re-
lund the five dollars received from the claimant.

" Your action is approved."

Stephens, AYilliam J. Ctf No. 220,388. Joslyn.M. L., Acting Secretary. Apr. 12, 1884. Vol.
n, p. 196.

32. When a pension certificate is issued on the allowance of a claim
for pension filed prior to June 20, 1878 — whether such claim is based
on one or more disabilities — an order for the payment, in full, of the
attorney\s fee therein will be issued at the same time whether such fee
be the legal one of $10 or one fixed in articles of agreement, not exceed-
ing $25.

Burlier, Daniel L. Ctf. Xo. 252,463. Teller, H. M., Secretary. May 24 and Jnne 4, 1884. Vol.
11, pp. 272 ami 275.

33. Where an applicant for invalid pension dies during the pendency
of his claim, and the same is prosecuted to a successful issue by his
widow through his attorney of record, such attorney will be entitled to
the same fee as he would have been had such applicant survived until
the completion of the claim.

Kester, Stephen J. ctf. Ko. 256,646. Teller, H.M., Secretary. June 17, 1884. Vol.11, p. 285.

34. PEES OF AGENTS AND ATTORNEYS. AGREEMENTS AS TO.

The action of this ollice in refusing to accept fee agreements which
were executed before but not tiled until after the claim was completti

232 PENSION LAWS, DECISIONS, &C.

FEES OF AGENTS AND ATTORNEYS— Continued.

and the peusion certificate had issued thereon, was approved on ap-
peal — it being held " that the law contemplates the filing of the agree-
ments prior to the mailing of the pension certificates to the agent for
paying pension."

And it was further held that —

" The date of the execution of the fee agreements does not, as claimed
by the appellants, control the question of their right to the fee therein
agreed upon. By the terms of the agreement submitted the fee was to
be paid ^ in accordance with the provisions of sections 4768 and 4709 of
the Revised Statutes j' and these sections, as before stated, require
that the agreement, to be of any effect as a contract for the amount of
fee named therein, must be filed with the Commissioner of Pensions,
and must be filed at such time as will enable him to direct the payment
of the fee in the manner prescribed by law. If they are not so filed the
attorney has no right, by virtue of the contract, to the amount of fee
agreed upon, and a demand for it would subject him to the penal pro-
visions of the statute." (See sec. 4, act of July 4, 1884.)

Whippo, John. Ctf. No. 272,606. Joslyn, M. L., Acting Secretary. Aug. 16, 1884. Vol. 11, p. 335.
35. FEES OP AGENTS AND ATTORNEYS IN CLAIMS FOR INCREASE.

(1) When a claim for increase of pension was pending at the date of
the passage of the act of June 20, 1878, and a fee contract had been
theretofore filed therein for the sum of $25, it was held, on appeal, that
the claim came within the class of " pending cases in which a fee con-
tract has heretofore been filed," mentioned iu said act, and that, on the
allowance of the claim for increase, the attorneys were entitled to the
fee stipulated to be paid in the articles of agreement.

Walter, John A. Ctf. No. 123,877. Kirkwood, S. J., Secretary. Dec. 10, 1881. Vol. 9, p. 26.

(2) A claim for increase of pension on account of a new disability was
filed in this office subsequent to the passage of the act of June 20,1878,
and the attorneys were paid five dollars in advance. When the claim was
allowed the proper pension agent was erroneously directed to pay them
a fee of ten dollars. On the facts becoming known, the attorneys were
called upon to refund to the claimant the amount of five dollars paid
them, as above set forth, in advance, and this action was approved on
appeal.

Spaulding, J. Seely. Ctf. No. 91,125. TeUer, H. M., Secretary. Jan. 19, 1883. Vol. 10, p. 46.
KUIilNGS OF THE COMMISSIONER OF PENSIONS.

Ruling No. 77. September 24, 1883.

In cases wherein the right of a widow to complete the invalid claim

of her deceased husband under section 4718 has accrued and has been

claimed subsequent to the 20th day of June, 1878, the rights of an

agent constituted by the invalid must be held to have been revoked l)y

PENSION LAWS, DECISIONS, &C. 233

FEES OF AGENTS AND ATTORNEYS— Continued.

the death of his principal. A new agent, therefore, properly coming in
to represent the rights of the widow in said incomplete invalid claim
must be governed as to fee and payment thereof by the said act of
June 20, 1878; and should she prosecute a claim as such widow
under section 4702 of the Eevised Statutes of the United States in ad-
dition, both must be treated as one case, in considering the status of
the agent.

The agent therefore can legally receive but one fee of $10 for all his
service under such circumstances.

So much of Ruling 130, dated November 20, 1878, as relates to the
above class of cases is hereby revoked and annulled.

This ruling is made in invalid certificate No. 33,977, and widows'
claim No. 304,625, for services of Martin McGrath, Company F, Eighty-
second Indiana Infantry.

RuLiNa No. 79. June 21, 1884.
'' Under instructions of the honorable Secretary of the Interior,
Ruling No. 77 is hereby revoked."

Ruling No. 124. July 21, 1885.
" Attorneys will net be allowed fees in cases where the rates of pen-
sion for the same degree of disability have been increased by act of
Congress, by a decision of the honorable Secretary of the Interior, or
by a ruling of this office."

Ruling No. 130. August 11, 1885.
Where a claimant, and, subsequently, a pensioner made affidavit that
he had forwarded to his attorney by mail the fee agreed upon between
them, and where the said attorney denied the receipt of the same and
submitted evidence to show that, after diligent search he had failed
to obtain a trace of the claimant's letter : Held, that the act of the
claimant and pensioner did not constitute a payment of the fee due the
attorney, and that said fee should be deducted from the pension by the
pension agent.

Case of Christopher Weaver. No. 163,763. Order book, p. 87.

Ruling No. 139. November 11, 1885.
Where attorney's fee agreement was signed and duly acknowledged
by the claimant, and also signed by the attorney whose signature lacked
an acknowledgment: Held, th&t the fee ^' agreement is accepted and
api)roved by the Commissioner, it appearing to him that the accept-
ance of the duty imposed by the power of attorney and the perform-
ance of it thereunder is a reasonable and sufficient compliance with the
statute."

Davis, William H. i!^pp. l^o. 311,183.

234 PENSION LAWS, DECISIONS, (kC.

PEES OF AGENTS AND ATTORNEYS— Continued.

ORDERS OF THE COMMISSIONER OP PENSIONS.

Order Ko. 78. April 22, 1882.
By direction of the honorable Secretary, no substitution of an at-
torney by another will be recognized hereafter in claims filed prior to
January 1, 1882, without the written consent of the applicant to the
substitution of the particular person proposed to be substituted, and
in cases in which there is a legal contract for a fee the substitution of
an attorney by another shall not be held to carry with it the rights of
the former attorney to the fee contracted for by him, unless the claim-
ant shall consent thereto in writing. This order will not apply in cases
where the substitution of an attorney has been recognized by this office
l>rior to this date— April 22, 1882.

Order No. 79. April 26, 1882.
In any claim in which under the law a pension agent shall be directed
to pay the fee for its prosecution, and it shall appear that the attorney
has received any part of the fee in advance for his services iu the claim,
said attorney shall refund to the pensioner or other person from whom
such advance fee was received the amount so paid, and tile in this office
the receipt for the same.

Order No. 86. July 31, 1882.
Claims admitted upon one disability, under Order 82, and continued
as to another, should be returned to the adjudicating division for com-
pletion without losing their place in the pending files. The fee that
may be due the attorney, payable by the office, should be withheld until
the claim is adjudicated upon all the disabilities set forth in the declara-
tion, and then the fee should be paid, whether the lastadjudiction is an
admission or rejection. Claims for increase of pension, except for new
disability, will not be considered within six months from the allowance
of the claim or of a prior adjudication.

Order No. 89. December 8, 1882.
In compliance with instructions of the honorable Secretary, Order
No. 86, in regard to payment by this office of fees in certain cases, is
modified as follows :

(1) The fee due the attorney, where there is no contract, will be
withheld by the pension agent until the claim is settled upon all the
<lisabilities alleged, and then paid upon order of this office.

(2) In cases where there is a contract, ten dollars of the fee will
be paid upon the issue of the first certificate, and the rest of the fee will
be withheld by the pension agent till ordered to pay on the final set
tlement of the claim.

PENSION LAWS, DECISIONS, &C. 235

FEES OF AGENTS AND ATTOENEYS— Continued.
Order No. 96. October 3, 1883.

lu order that intelligent action may be taken in the final settlement
of fees due attorneys, for the prosecution of claims before this office,
and the order of the honorable Secretary of the Interior of May 31, 1870,
relative to the employment of sub-agents or correspondents may be more
strictly enforced, it is hereby ordered that, before final adjudication of
any case, the claimant be called upon to state the name of the person or
persons instrumental in the prosecution of the claim, the amount of fee
paid, if any, and to whom such i^ayment was made. (This order will not
be applied to claims now complete.)

In all cases in which the attorney fee is payable by the pension
agent, and it does appear that the whole or part of the same has been
l)aid to the attorney, or his sub-agent or correspondent, the pension
agent will be instructed to hold the fee until informed by this Office
that refundment has been made and receipt therefor filed.

Order No. 99. June 11, 1884.
In compliance with instructions of the honorable Secretary, Orders
No. 80 and No. 89, in regard to the payment of attorney fees, are hereby
levoked. Hereafter the full fee payable by the office will be paid on
1 be issuing of the first certificate.

Order No. 103. Juhj 30, 1884.

The following instructions of the honorable Secretary, of the 17th
instant, in regard to payment of fees and transfer of business by one
attorney to another, are published for the information and guidance of
the office.

W. W. DUDLEY,

Commissioner,
Hon, W. W. Dudley,

Commissioner of Pensions :

Sir: I have yours of the 14th instant concerning the collection of
attorneys' fees in case of the assignment of business by one attorney to
another. It was not my intention in allowing one attorney to transfer
his business to another to allow additional fees to be collected for work
completed and when the fee had been paid. In all cases where the work
is but partially completed it will be impossible to determine what ought
to be paid to the new attorney, and I must, therefore, leave the fee to be
paid as the law directs. If an attorney who has partially completed tbe
work of a pension case and received his pay therefor, in whole or in part,
refuses to complete the work so begun, he cannot be compelled to do so,
although for such misconduct he may be disbarred ; but if he discon-
tinues to practice, the Department is powerless to compel him to proceed
or to punish him for neglecting to do so. If he assigns his business to
another attorney, the claimant is not bound to recognize the assignee as

23G PENSION LAWS, DECISIONS, ScC.

FEES OF AGENTS AND ATTORNEYS— Continued.

bis attornej' ; he may employ other persons to present his chiirn, aud
the assignee so receiving the pa])ers of claimant from the former at-
torney will be required by the Department to turn over to such claimant,
on demand, any and all papers in his hands belonging to such claimant.
But if the claimant chooses to recognize the assignee as his attorney,
then he is bound to pay to such attorney the legal fee for his services,
unless an agreen)ent shall be made between the claimant and the as
signee for a fee less than that established by law. When the claimant
has paid a portion only of the fee allowed by law, and only a portion of
the work necessary to secure the pension has been performed by the atj
torney, it would seem to be but just that the assignee should be i)aid
oiily for the work done by him ; but it is impossible to determine the
amount that ought to be paid for the services rendered by such assignee,
aud, therefore, I see no way but to allow the assignee to receive pay in
all cases where he is required to do substantial service to his client. He
should not be allowed to render service sfmply as a means of making a
charge in cases completed by the assignor. Whenever the claimant has
l)aid nothing, as I have before said, he should be required to pay the
assignee whether he has rendered service or not, because the former
attorney or assignor has made the last attorney or assignee his agent to
collect such fee. The assignment of claims held by one attorney and in
an incomj)leted state should not be allowed, except in such cases as ap-
pear to the Department to be necessary to the proper conduct of such
cases in the interest of the claimant.
Very respectfully,

H. M. TELLER,

Secretary,

Order No. 105. October 7, 1884.

All '^articles of agreement" relating to fees in claims for i)ension or
bounty-land which conform to the requirements of the act of July 4, 1884,
shall be stamped and tiled in the case to which they belong, and in the
absence of any indication that fraud or deception was used in the procure-
ment of the same shall be accepted as sufficient, provided said contracts
are filed prior to the date of the issue of the certificate.

Order No. 124. December 3, 1885.

Whereas, under the several statutes governing the fees of attorneys
I'n pension claims and the payment of same by pension agents of amounts
certified by the Commissioner of Pensions or called for by fee agree-
ments, it has been the practice of pension agents to deduct any sum
alleged by claimants to have been paid by them to their attorneys;
and

PENSION LAWS, DECISIONS, &C. 237

PEES OF AGENTS AND ATTORNEYS— Continued.

Whereas^ such deductions have been made upon the naked statement
of claimants as to amount only, without reference to the time or manner
of payment or the exhibit by them of evidence of such payment; and

Whereas^ these statements made by claimants as to i)rior payments
are often met by denial on the part of the attorneys, and from the loose
and irregular practice in these cases great delay is involved in the
equitable adjustment of the questions thus opened between claimants
and attorneys and

Whereas, further, this Olfice has under the present practice no method
for the preparation of data upon which to base intelligent action in
such premises, and appeals are taken as a matter of course, by which
obstructions arise to the public business :

Noic theuy to remedy these evils, and that justice may be done in the
premises, as well to faithful attorneys as to claimants for pension, as
well also to relieve this Office from the burden of unnecessary corre-
spondence and the appeal docket of a great number of cases.

It is ordered^ that from and after the 1st day of January, A. D. 1886,
all pension agents where claimants allege payment by them of any sum
or sums to their attorney of record shall request said claimants to make
affidavit to the amount of payment, the date of payment, under what
certificate made, and as far as may be in their recollection how such
])ayment was made; and that the said affidavit shall be in manner and
form substantially as the blank form hereto annexed, marked exhibit
"A," and made a part of this order as though fully incorporated herein;
and

It is further ordered, that each and' every of such affidavits shall be
executed in duplicate, one to be retained by the pension agent as his
voucher and authority in the premises for deducting the amount sworn
to have been paid, and the duplicate thereof to be promptly forwarded
to this Office for filing with the record in the claim wherein such affidavit
purports to be made ; and

It is further ordered, that where claimants cannot make such affidavits
as herein prescribed and set forth, with reasonable certainty, the pen-
sion agent shall pay the fee certified by this Office or called for by the
fee agreements without deduction : Provided, that if, in the opinion
of the pension agent, reasonable doubt exists as to the fact of said pay-
ment and yet the said claimant be unable to make such affidavit as herein
prescribed, said agent shall certify said case to the Commissioner of
Pensions for his consideration and decision. (See Sec. 4784 R. S.)

288 PENSION LAWS, dt:cistoxs, ^-c.

FEES OF AGENTS AND ATTORNEYS—Continued.

Exhibit A, eefekred to in Order No. 124.

[To be executed In duplicate and one copy forwarded to the Cominissioucr of Pensions for filing with

the record.]
State of ,

Couniy of

Ou this day of

-, 188-, i)er8onally appeared before me

-, who,

being by me duly sworn, deposes and says that he is a pensioner by certificate No.

— — , and that , 188-, he has paid his attorney, , of

[Name of Attorney. ] [Address. ]

-, the following sums at the dates mentioned, for his services in said claim, viz :

of Attorney.]

Amounts paid.

Dates when paid. j Manner of payment

188 .

,188 .

188 .

The claimant may add such other facts relative to manner of payment, whether by
cash, post-office order, registered letter, or otherwise, as may be within his recollec-
tion at the time of making this aflSdavit.

[Signature of Pensioner.]

Attest :

Sworn to and subscribed be fore me the day aud year above written.
[L. 8.]

[Official Signature.]

FORAGING.

See Line of Duty, par, 13.

FORGERY.

Section 5421, Revised Statutes.

Every person who falsely makes, alters, forges, or counterfeits ; or
causes or procures to be falsely made, altered, forged, or counterfeited;
or willingly aids or assists in the false making, altering, forging, or coun-
terfeiting, any deed, power of attorney, order, certificate, receipt, or
otjier writing, for the purpose of obtaining or receiving, or enabling any
other person, either directly or indirectly, to obtain or receive from the
United States, or any of their officers or agents, any sum of money; or

239

FORGERY— Contintied.

who utters or publishes as true any such false, forged, altered, or coun-
terfeited deed, power of attornej'-, order, certificate, receipt, or other
writing, with intent to defraud the United States, knowing the same to
be false, altered, forged, or counterfeited j or who transmits to, or pre-
sents at, or causes or procures to be transmitted to, or presented at,
any office or officer of the Government of the United States, any deed,
power of attorney, order, certificate, receipt, or other writing, in support
of, or in relation to, any account or claim, with intent to defraud the
United States, knowing the same to be false, altered, forged, or coun-
terfeited, shall be imprisoned at hard labor for a period of not less than
one year nor more than ten years j or shall be imprisoned not more than
five years, and fined not more than one thousand dollars.

FORMAL DECLARATIONS.

See Declarations, Formal and Inpobmal.

FRAUDULENT CLAIMS, PENALTY FOR PRESENTATION OF.
Section 5438, Revised Statutes.

Every person who makes or causes to be made, or presents or causes
to be presented, for payment or approval, to or by any person or officer
in the civil, military, or naval service of the United States, any claim
upon or against tl^e Government of the United States, or any depart-
ment or officer thereof, knowing such claim to be false, fictitious, or
fraudulent, or who, for the purpose of obtaining or aiding to obtain the
payment or approval of such claim, makes, uses, or causes to be made
or used, any false bill, receipt, voucher, roll, account, claim, certificate,
affidavit, or deposition, knowing the same to contain any fraudulent or
fictitious statement or entry, or who enters into any agreement, combi
nation, or conspiracy to defraud the Government of the United States,
or any department or officer thereof, by obtaining or aiding to obtain
the payment or allowance of any false or fraudulent claim, or who, hav-
ing charge, possession, custody, or control of any money or other public
property used or to be used in the military or naval service, who, with
intent to defraud the United States or willfully to conceal such money or
other j)roperty, delivers or causes to be delivered, to any other person
having authority to receive the same, any amount of such money or
other property less than that for which he received a certificate or took
a receipt, and every person authorized to make or deliver any certifi-
cate, voucher, receipt, or other paper certifying the receipt of arms, am-
munition, provisions, clothing, or other property so used or to be used,
who makes or delivers the same to any other person without a full

240 PtlNSlON LAWS, DECISIONS, &C.

FRAUDULENT CLAIMS, PENALTY FOR PRESENTATION OF— Cont'd.

kuowledge of the truth of the facts stated therein, and with intent to
defraud the United States, and every person who knowingly purchases
or receives in pledge for any obligation or indebtedness from any soldier,
officer, sailor, or other person called into or employed in the military or
naval service any arms, equipments, ammunition, clothes, military
stores, or other public property, such soldier, sailor, officer, or other
person not having the lawful right to pledge or sell the same, every
person so offending in any of the matters set forth in this section shall
be imprisoned at hard labor lor not less than one nor more than five
years, or fined not less than one thousand nor more than five thousand
dollars.

Sees. 1, 3, 2 March, 1863. [See §§ 3490, 3491.)

See also sections 5451 and 5501 of the Revised Statutes, edition of
1878, pp. 1056 and 1066, for penalty for bribery, &c.

FREEDMEN'S HOSPITAL.

Department of the Interior,

Washington^ January 30, 1878.
The Commissioner op Pensions:

Sir : I acknowledge the receipt of your letter of the 29tli instant,
and the letter of the Medical Referee of the 23d instant, seltiug forth
the necessity which exists for making some arrangement for the tem-
porary care and support of destitute applicants for pension who come
to this city for various reasons connected with their claims for pension,
and in reply would state that I approve the suggestion that such per-
sons be admitted to the Freedmen's Hospital and Asylum for the time
during which it is necessary that they should remain in this city. You
will please, therefore, send to this Department, with a short note stating
the facts of the case, any applicant for pension who, in the view of your
Office, may properly be admitted to that institution, that authority for
his admission may be given.
Very respectfully,

O. SCHURZ,

Secretary.
FURLOUGH.

See Line of Duty, par, 14.

PENSION LAWS, DECISIONS, &C. 241

GENERAL SERVICE.

Section 4724, Revised Statutes, and act approved March 1, 1879.

No persoD in the Army, N^avy, or Marine Corps shall draw both a
pension as an invalid and the pay of his rank or station in the service,
unless the disability for which the pension was granted be such as to
occasion his employment in a lowei; grade, or in the civil branch of the
service.

Act 30 April, 1844. As to pei'sons in the civil service of the United States, see sec. 1, 3 Mar.,
1865, sec. 5, 6 June, 1866.

Be it enacted, by the Senate and House of Bepresentatives of the United
States of America in Congress assembled. That all persons who, under
and by virtue of the first section of the act entitled '^ An act supplemen-
tary to the several acts relating to pensions," approved March third,
eighteen hundred and sixty-five, were deprived of their pensions during
any portion of the time from the third of March, eighteen hundred and
sixty-five, to the sixth of June, eighteen hundred and sixty-six, by rea-
son of their being in the civil service of the United States, shall be paid
their said pensions, withheld by virtue of said section of the act afore-
said, for and during the said period of time from the third of March,
eighteen hundred and sixty-five, to the sixth of June, eighteen hundred
and sixty-six.

DECISIONS OF THE SECEETAHY OF THE USTTERIOR.

1. Soldier contracted disability in prior service, re-enlisted, assigned
to duty as clerk of adjutant of regiment: Heldj th'dt he is not entitled
to pension unless his disability caused his employment as clerk.

Reid, William P. O. W. Inv. File, No. 25,384. Usher, J. P., Secretary. Jan. 12, 1864. Vol. 2,
p. 172.

2. All pensioners who contracted disability in the line of duty in ac-
tive service and subsequently enlisted in the general service for cleri-
cal duty in the War Department are entitled to draw their pensions
during the i^eriod of such last-named service.

Mulhall, William. Ctf. No. 30,707. Delano, C, Secretary. Jan. 19, 1872. Vol. 1, p. 144.
O'Leary, Bartholomew. Ctf. No. 196,768. Teller, H. M., Secretary. May 18, 1882. Vol. 9, p.

209.
Stewart, John C. Ctf. No. 199,016. Teller, H. M., Secretary. May 18,1883. O. W. and N^

Vol. 3, p. 86.

3. Pension should not be granted to any one nor name continued on
pension roll of any person in general service, unless there be clear and
satisfactory proof that such person is disabled and that his disability
is such as to occasion his employment in a lower grade or in some civil
branch of the service. (See act of April 30, 1844.)

Instructions: Delano, C, Secretary. Mar. 21, 1872. Vol. 1, p. 175.
[Note. — See also case of Mulhall, William, above.]

7018 PEN 10

242 PENSION LAWS, DECISIONS, &C.

GENERAL SERVICE— Continued.'

4. The widow of a hospitaj steward is entitled to pension if cause of
death was contracted while employed in the "civil branch of the serv-
ice " at a military post.

Plumer, Josephine. App. No. 190,678. Delano, C, Secretary. Mar. 23, 1872. Vol, 1, p. 178.

5. Widows of general service men employed in the War Department
are entitled to pension if soldier died of disease contracted while in
said service.

Whiting, Joannah E., widow of Harlow H. ftf. No. 166,898. Delano, C, Secretary. Dec. 10,
1874. Vol. 3, p. 414.

6. A temporary detail to perform clerical duty is not such as to re-
quire transfer to the general service. A hospital steward is regarded
as belonging to the military branch of the Government, and pension
should be withheld during the period of such service.

Hilton, Samuel. Ctf. No, 123,754. Schnrz, C, Secretary. Jan. 8, 1880. Vol. 7, p. 155.

7. Thomas Frisby was enlisted March 21, 1868, as a hospital steward
for clerical duty in the Surgeon-GeneraPs Office, and remained on such
duty to July 1, 1874, when he was disclaarged. He died January 19,
1879, of lung disease, contracted about January 20, 1870, while in such
service. His widow's claim for pension was rejected upon the ground
that he was not in the military service of the United States at the time
he contracted the fatal disease. The honorable Secretary, in affirming
the rejection, held that Mr. Frisby "held no connection as a soldier with
the post of Washington, and in the view of the Department the case
cannot be regarded as coming within the provisions of section 4694 of
the Revised Statutes."

Frisby, Mary M. No. 243,138. Kirkwood, S. J., Secretary. Jan. 16, 1882. Vol. 9, p. 87.

8. No title to pension is acquired by a person who contracted his dis-
ability while serving in the Adjutant-Gen eraPs Office as an enlisted
man in the " general service." Such service does not come within the
provisions of section 2, act of July 27, 1868, now section 4694, Eevised
Statutes, which requires that the disability must be contracted while
serving in the field or on the march, or at a post, fort, or garrison, or
en route to a post, fort, or garrison.

McMonigle, Samuel. No.471,695. Teller, H, M., Secretary. Apr. 15, 1884. Vol. 11, p. 192.
BinLING OF THE COMMISSIONER OF PENSIONS.

KuLiNa No. 52. January 19, 1872.

Where a soldier^s disability is such as to have occasioned his employ-
ment in a civil branch of the service he is entitled to pension, though
still an enlisted man.

243

GUARDIANS.

Section 4783, Revised Statutes.

Every guardian having the charge and custody of the pension of his
ward wlio embezzles the same in violation of his trust, or fraudulently
converts the same to his own use, shall be punished by fine not exceed-
ing two thousand dollars or imprisonment at hard labor for a term not
exceeding five years, or both.

Sec. 31, 3 Mar., 1873. See sec. 5486, E. S. ■

DECISIONS OF THE SECRETAKYT OF THE INTERIOR.

1. Guardians uot entitled to expenses of last sickness, &c., of their
wards unless said wards were pensioners or had applications for pension
pending at the dates of their deaths.

Howard, Jobn A., minors of. App. No. 204,010. Delano, C, Secretary. Oct. 9, 1873. Vol. 3,
p. 37.

2. When eleemosynary institutions are authorized by the laws of the
State in which they are located to accept "the office or appointment"
of guardian, such appointments, when made, will be recognized in the
administration of the pension laws.

Schreiner, Eichard C, miuor child of. No. 307,691. Teller, H. M., Secretary. Mar. 10, 1884.
Vol. 11, p. 168.

RUIilNGS OF THE COMMISSIONER OF PENSIONS.

Ruling I^o. 21. (No date.)
Death of the original guardian does not make the issue of a new cer-
tificate necessary. Payments will be made to the person holding, at
the time of payment, the relation of duly appointed guardian, to be
determined by the pension agent.

Ruling No. 22. October 12. 1877.
Eleemosynary institutions and other corporations will not be recog-
nized, under the pension laws, as proper persons to be guardians of
minors and others under legal disability. Natural persons only will
be recognized as guardians of such persons.

Ruling No. 123. July 21, 1885.
Where guardian of the minor child of a soldier lived in Monroe
County, Kentucky, and his ward lived in Tarrant County, Texas: Held,
that the certificate should be issued in the usual manner, payment being
directed to be made to the guardian, but that the pension agent be
instructed to withhold payment for a period of sixty days, to enable
the miuor, to whom notice should be given, to secure the api)ointment
of a new guardian in Texas, if desired.

Lewis, William, minor of. No. 220,788.

Ruling No. 15S. Decemher 18, 1885.
1. Where guardianship of the person is claimed it must appear of
record that the person of the ward was, at the time of the granting of

244 PENSION LAWS, DECISIONS, &C.

GUARDIANS— Continued.

the letters, within the jurisdiction of the court out of which they issued.
2. Where a guardian claims authority over both person and estate it
must appear that, at the time of the granting of the letters of guardian-
ship, not only the person but the estate of the ward was within the
jurisdiction of the court out of which said letters issued.

Guardian of Henry D. Gilmore. Ctf. ISTo. 83,040.

EuLma No. IGl. December 23, 1885.

Michael O'Oonnell, a Massachusetts soldier, after his discharge re-
turned to his home in the city of Boston, that State, where he contin-
uously resided until the latter part of 1873, when he went to Indian-
apolis, Indiana, to visit a daughter living in that place. He died in
the city hospital of Indianapolis in February, 1874.

In 1880, his said daughter, on application to the circuit court of
Marion County, Indiana, was appointed guardian of Daniel O'Oonnell,
a minor child of the soldier, which minor was then, had always been,
and is now living in Massachusetts.

In January, 1881, said daughter filed an application for pension as
guardian of said minor child.

In October, 1883, the probate court of Worcester County, Massa-
chusetts, appointed one Eobert Lowder guardian of the child Daniel
O'Connell, and, in May, 1884, said Lowder filed an application for pen-
sion as guardian of said minor.

The minor's claim was admitted, and pension certificate No. "212,465
was issued March 10, 1885.

The Indiana guardian, to whom payment was directed to be made,
upon presenting herself to receive the pension money, was unable io
give the required bond, and thereupon resigned her guardianship. The
court appointed in her place one James Eenihan, of Indianapolis, In-
diana, who gave the requisite bond and received the pension money.

Upon the application of the Massachusetts guardian for payment to
him of the pension money which he claimed had been erroneously paid
to the Indiana guardian, the Commissioner Held, that all pension money
due and to become due under said certificate No. 212,465 be paid to the
Massachusetts guardian ; that the pension agent at Indianapolis be
instructed to demand from the Indiana guardian, and to receive and
receipt for the money paid to him under said certificate, and that in
the event of the refusal of said guardian to complj^ witji said demand,
said pension agent shall thereupon call upon the United States attorney
for the proper district in the State of Indiana to take such action as is
warranted by law to enforce payment to the United States of the money
received by him under said certificate as guardian of said minor Daniel
O'Connell.

O'Connell, Michael, minor of, Ctf. No. 212,465.

PENSION LAWS, DECISIONS, (feC. 245

GUNBOAT, RAM FLEET, AND MISSISSIPPI MARINE BRIGADE.

Par. 2, Section 4693, Revised Statutes.

* * * * # # #

Second. Any master serving on a gunboat, or any pilot, engineer,
sailor, or other person not regularly mustered, serving upon any gun-
boat or war vessel of the United States, disabled by any wound- or in-
jury received, or otherwise incapacitated, while in the line of duty, for
procuring his subsistence by manual labor.

*******

Resolution 16 July, 1862.

DECISIONS OF THE SECRETARY OF THE KSTTERIOR.

1. The provision of section 10 of act of July 14, 1862, requiring con-
tinuance of service to close of the war, aijplies only to bounty and not
to pension.

The steamer ^'Champion" was a gunboat or war vessel in the service
of the United States from March, 1863, to the close of the war, and
service thereon during that period comes within the provisions of
section 10, act of July 14, 1862, now paragraph 2 of section 4693, Ee-
vised Statutes.

Groodall, Robert. Navy File ^o. 5,091. Delano, C, Secretary. Mar. 3, 1872. Vol. 1, p. 168.

2. The ram " Lioness " was a war vessel and the service thereon as
steersman, which was paid for by the Quartermaster's Department, is
such service as gives title to pension under second paragraph of sec-
tion 4693, Eevised Statutes.

Hogan, HaU W. No. 300,832. Joslyn, M. L., Acting Secretary. Oct. 31, 1882. Vol. 9. p. 434.

3. It has been uniformly held by this Department that the expression
'* gunboats and war vessels" was intended to include such vessels only
as were armed for battle, and not such as were employed by the Army
for transporting supplies. The schooner "Martha Nichols," engaged in
carrying supplies off Cape Hatteras, was not a war vessel.

Bentley, Benjamin A. No. 489,829. Joslyn, M. L., Acting Secretary. Apr. 7, 1884. Vol. 11,
p. 189.

4. By gunboat or war vessel is meant an armed vessel designed for
battle. The "Dime " was a steam-tug or dispatch-boat, in the employ
of the Quartermaster's Department, and was not a war vessel.

Burt, Cynthia, mother of Burt, Samuel G. No. 192,481. Teller, H. M., Secretary. Apr. 19,
1884. O. W. and N. Vol. 3, p. 341.

5. Captains, pilots, and engineers, not regularly mustered into the
military or naval service of the United States, and serving on a vessel
used merely as a transport, are not entitled under paragraph 2 of sec-
tion 4693, Eevised Statutes.

The "Diana," as a vessel of the Mississippi Marine Brigade, was not
a war vessel, but a transport merely.

Coney, John G. App. No. 137,908. Co wen, B. E., Acting Secretary. May, 20, 1874. Vol. 3, p. 213.

See EuLiNa ISTo. 31.

246 PENSION LAWS, DECISIONS, &C.

GUNBOAT, RAM FLEET, AND MISSISSIPPI MARINE BRIGADE— Cont'd.

RUJLrN^G or THE COMMISSIO^^ER OF PENSIONS.

Exiling No. 31. March 15, 1877.
The words "any gunboat or war vessel of the United States," used
in the second subdivision of section 4693, Revised Statutes, and the
words "gunboats and war vessels," found in the last clause of section
4695, Revised Statutes, are to be construed so as to include all vessels
in the service of the United States which are manned and used in offens-
ive and defensive operations against the enemy.

HALF PAY PENSIONERS.

See Old Wars, par. 10.

HELPLESSNESS.

DECISION OF THE SECRETABT OF THE INTERIOR.

The word " helplessness," used in the act of June 18, 1876, does not im-
ply utter physical prostration, but should be understood as referring
not only to the physical helplessness which compels him to depend at
times upon the personal aid and assistance of another person, but also
to his helplessness, i. <?., inability to gain a subsistence by his own ex-
ertions.

Schmidt, Henry. Ctf. No. 35, 234, Chandler, Z., Secretary. Feb. 11, 1876. A'ol.4. p. 197.

HERNIA.

DECISION OF THE SECRETARY OF THE INTERIOR.

A claim for invalid pension on account of disability from hernia
should not be rejected " because there is no record of the disabilities
alleged and the claimant cannot furnish evidence of medical treatment
for rupture in the service or at the time of discharge. No good reason
is perceived why. medical testimony should be insisted upon. The tes-
timony of any credible persons who have personal knowledge of mate-
rial facts should be competent to prove those facts."

McCormick, Patrick J. No. 360,020. Teller, H. M., Secretary. Apr. 28, 1884. Vol. 11, p. 215.

HERNIA, RATES FOR—

See Rates of Pensions, par. 18.

HOSPITAL MATRONS.

See Civilians in Service of a Quasi-military Character,
par. 6.

PENSION LAWS, DECISIONS, &C. 247

HOSPITAL STEWARDS

See General Service, jpars. 4, 6, 7.

IDENTITY.

/S'ee Service Pensions, War of 1812, ^ar. 12.

INCREASE (INVALID).

Section 4898J, Revised Statutes.

Except in cases of permanent specific disabilities, no increase of pen-
sion shall be allowed to commence prior to the date of the examining
surgeon's certificate establishing the same, made under the pending
claim for increase, and in this, as well as all other cases, the certificate
of an examining surgeon, or of a board of examining surgeons, shall be
subject to the approval of the Commissioner of Pensions.

Sec. 4, 3 Mar., 1873 ; see sec. 4, 10 Apr., 1806.

DECISIOIfS OF THE SECRETARY OF THE INTERIOR.

1. No title to, conferred hy prospective increase of disability.

Hunton, Richard B. Ctf. No. 67,469. Browning, O. H., Secretary. Dec. 15, 1866. Vol. 2, p. 5.

2. Commences at date of examining surgeon's certificate in pending
claims except for i)ermanent and specific disability.

Martin, J. H. M. Ctf. No. 7,404. Cox, J. D., Secrfetary. May 6, 1869. Vol. 2, p. 106.
Kelly, Michael. Ctf. No. 45,833. Delano, C, Secretary. Nov. 18, 1874. Vol. 3, p. 353.

3. After claim for increase of invalid pension has been allowed no
evidence admissible as to the existence of disability prior to date already
fixed for commencement of such increase.

Chauiberlain, I. T. Ctf. No. 88,299. Cox, J. D.-, Secretary. Sept. 15, 1870. Vol. 2, p. 203.

4. Where increase of pension is based on obesity resulting from loss
of leg : Seld^ that such connection cannot be established by conclu-
sive proof, and it is not sufficiently probable to w^arrant allowance of
increase of pension.

Clayton, George. Ctf. No. 46,471. Schurz, C, Secretary. June 21, 1878. Vol. 5, p. 495.

5. Where party is receiving third-grade pension for wound of shoulder,
not having lost arm above the elbow, the question is one of fact whether
he is so disabled as to be incapacitated for performing any manuallabor,
the proof showing to the contrary. Eejection affirmed.

Bamell, William. Ctf. No. 53,669. Schurz, C, Secretary. Jan. 10, 1880. Vol. 7, p. 159.

6. Where evidence is elicited by special investigation that the dis-
ability for which pensioned existed prior to enlistment, claim for in-
crease should be rejected and name of pensioner dropped from the rolls.

Claver, David. Ctf. No. 154,807. Schurz, C, Secretary. Mar. 3, 1880. Vol. 7, p. 243.

248 PENSION LAWS, DECISIONS, &C.

INCREASE (INVALID)— Continued.

7. Where party is receiviug third -grade pension no increase can be
allowed by compounding lesser disabilities unless those disabilities, in
connection with that for which pensioned, are such as to preclude him
from performing manual labor.

Freed, John M. Ctf. No. 61,907. Schurz, C, Secretary. Apr. 2G, 1880. Vol. 7, p. 306.

8. Where pension has been allowed for a disability, and years after its
allowance claim is made for increase on account of the development of
disabilities resulting as a sequence to that for which j^ensioned : Seld,
that the commencement of increase must be governed by section 4698J.

Livingston, Henry D. Schurz, C, Secretary. July 8, 1880. 'Vol. 7, p. 426.

9. Where, in a claim for increase of pension, it appears upon satisfac-
tory evidence that the pensioner is receiving a higher rate of pension
than that to which he is entitled, the claim for increase should be re-
jected, and the pension reduced to the rate to which he is actually en-
titled.

See Reduction.

10. Where a pensioner in receipt of a pension of $24 per month for
loss of leg above the knee applied for increase on account of other and
non-specific disabilities, it was held that he was not entitled to such in-
crease uijjess the aggregate of his pensionable disabilities was of such
a character "as to necessitate the personal aid and attention of another
person."

Specht, John. Ctf. No. 56,140. Kirkwood, S. J., Secretary. Sept. 29, 1881. Vol, 8, p. 426.

11. When a pensioner is receiving $24 per month on account of a gun-
shot wound of his shoulder, "to entitle him to the next higher grade of
pension it is necessary that his disability should exist in a degree to
render him utterly helpless or so nearly so as to require the regular
personal aid and attendance of another person.'^

Jenkins, William. Ctf. No. 19,701. Kirkwood, S. J., Secretary. Mar. 8, 1882. Vol. 9, p. 123.

12. The claim for pension of a person, who, in the line of duty, has
lost one leg, and has been totally and permanently disabled in the other,
comes within the' provisions of section 4698 of the Revised Statutes en-
titling him to a pension of $72 per month.

McFarland, George F. Ctf. No. 37,236. Teller, H. M., Secretary. May 26, 1882. Vol. 9, p. 228.

13. The claimant for increase is pensioned, for disability from the
loss of the right arm above the elbow and a wound of the left arm, at
the rate of $24 i)er month, the rate established by law for incapacity
for performing any manual labor. The next higher rate (now $72 per
month) is provided for such pensioners as are so permanently and totally
disabled as to render them utterly helpless, or so nearly so as to require
the regular personal aid and attendance of another person.

The disability is permanent, but it does not appear that the pensioner

DECISIONS, &c. 249

INCREASE (INVALID)— Continued.

is helpless to the extent required by law to entitle him to the higher
rate of pension.
Eejection of claim for increase affirmed.

Brown, I. D. R. Ctf. l?o.' 24,847. Teller, H. M. , Secretary. June 17, 1882. Vol. 9, p. 276.

14. A soldier was pensioned for disability from gunshot wound of his
head and died from its effects. Prior to his death he had filed a claim
for increase, which was pending when he died.

Not having received a medical examination under the claim for in-
crease, after it was filed in this office, and his disability not being a
"permanent specific" one, allowance of the claim was refused on the
ground that there had been no medical examination, and there was con-
sequently no certificate of examination at the date of which the increase,
if allowed, could be made to commence, as provided by section 4698J,
Kevised Statutes.

In the decision affirming this action the following language is used,
to wit: "It is the evident intent of said section (4698J) that in claims
of increase of pension on account of disabilities not permanent and spe-
cific, the degree of disability in the absence of the certificate of an ex-
amining surgeon or board of examining surgeons, shall not be deter,
mined upon other evidence.

" To allow a certificate showing the pensioner's condition after his
claim was filed to be made at this time and dated back, as proposed by
the attorney in the case, would be an evasion of the law, which con-
templates that the certificate should be made at the date at which the
examination was made.

" Your decision declining to receive any evidence bearing up6n the
claim for increase is affirmed."

Hullfish, John N. Ctf. No. 69,716. Joslyn, M.L., Acting Secretary. June 25, 1883. Vol. 10, p.
473.

15. The soldier was pensioned at $24 per month for the " amputation
of the right forearm at its lower third and amputation of the left thumb
through the metacarpal bone." His claim for increase to $50 per month
was rejected, and on appeal Mr. Secretary Schurz d.ecided June 16,
1880 (see vol. 7, p. 291), that " the rate of $50 per month is provided
only for those who are so permanently and totally disabled as to be
helpless and to require the regular personal aid and attendance of
another person. From the fact that the loss of both hands is mentioned
in the law as one of the disabilities for which this rate of pension may
be allowed, it must be presumed that it was not the intention of those
who made the law that a pension of $50 per month should be allowed
in a case of injury to the hands which is not equivalent or very nearly
equivalent to the loss of both.

" The injuries which the pensioner received have produced a high
degree of disability, but it is believed that they have not produced that

250 PENSION LAWS, DECISIONS, &C.

INCREASE (INVALID)— Continued.

degree of total helplessness for which the pension of $50 per month is
provided."

His pension was increased to $36 per month by a special act, and
having renewed his claim for increase to $50 j)er month it was decided
on appeal, that "the status of this case has not been changed since it
was before the Department (June 16, 1880), and the i)ension committees
of Congress. Tbe origin of the pensioner's disability was fully set forth
in the papers upon which the rate of pension was originally deter-
mined.

" Congress by special act having fixed the pension of Mr. Hill, this
Department is not disposed to take further action in the matter." The
action of the Pension Ofi&ce is affirmed.

Hill, William H. Ctf. No. 35,283. Teller, H. M., Secretary. Feb. 6, 1884.' Vol. 11, p. 132.

16. Claimant is a pensioner at $6 per month on account of disa-
bility from chronic diarrhoea contracted in the Mexican war. He filed
a claim for increase March 15, 1882, and it was rejected May 24, 1882,
on the ground that there had been no increase of disability.

In disposing of the question on appeal the decision closes as follows,
to wit :

" The attorney states in his appeal to this Department that the ap-
plicant claims an increase of pension on account of disease of the digest-
ive organs and heart, and a debilitated condition of the system, all
resulting from chronic diarrhoea.

"It appears that claimant, in his application for increase of pension
before referred to, did not claim an increase of pension on account of
increased disability from disease of digestive organs and heart and a
<lebilitated condition of the system, as set forth in his letter of appeal
to this Department ; and it is proposed by your office that whenever
he shall apply for an increase of pension on account of an increase of
disability from chronic diarrhoea or any result of said disease, or on
account of any new disability, to act upon the same without delay.

" After a careful consideration of the papers in the case, the Depart-
ment sees no good reason to interfere with your action in this claim."

Parmenter, Alpheus B. Ctf. No. 9,488. (Mex. war.) Teller, H. M., Secretary. Apr. 30, 1884.
VoL 11, p. 220.

Act of June 6, 1866.

17. Disability must be permanent and specific to entitle to increase
under act of June 6, 1866.

Wetmore, Thaddeus. App. No. 32,070. Browning, O. H., Secretary. Nov. 7, 1866. Vol. 3, p. 2.

Act of June 8, 1872, (Section 4698, Revised Statutes.)

ORDER OF THE COMMISSIONER OF PSBTSIONS.

Order l^o. 24. December 9, 1872.

18. In the adjudication of claims for increase of pension under the
act of June 8, 1872, all other than those in which pension has been

PENSION LAWS, DECISIONS, &C. 251

INCREASE (INVALID)— Continued.

allowed for amputation or resection raust, before final action, be sub-
mitted to the medical division. Obsolete.

Act of March 3, 1873. .

19. The claim for pension of a person, who, in the line of duty, has
lost one leg and has been totally and permanently disabled in the other,
comes within the provisions of section 4G98 of the Ee vised Statutes en-
titling him to a pension of $72 per month.

Mcrarland, George F. Ctf. No. 37,236. Teller, H. M., Secretary. May 26, 1882. Vol. 9, p. 228.

Act of June 18, 1874.

20. (1) *^ Total," to perform any kind of remunerative labor, and phys-
ical helplessness, entitles to benefits of act of June 18, 1874.

Stanley, Cyras W. Ctf. No. 39,021. Chandler, Z., Secretary.. Feb. 23, 1876. Vol. 4, p. 206.

(2) The applicant " has no use of his left arm. He has partial anchy-
losis of the right elbow, allowing motion from a point near a right angle
outwards about forty-five degrees. He has therefore considerable use
of the right arm, so much in fact that he is able to perform the duties of
a second-class clerk in the office of the Second Auditor of the Treasury.

'^In view of the Department the case is not one of such total helpless-
ness as to require the regular aid and attendance of a second person
within the meaning of the law." (Act of June 18, 1874.)

Collett, John E. Ctf. No. 27,886. Teller, H.M., Secretary. Apr. 29, 1882. Vol. 9, p. 176.

(3) By a gunshot wound the claimant's left '^ hand and arm are totally
disabled, and of no more use to him than if amputated. His right arm
is disabled by the fragments of a shell, wounding and fracturing the in-
ternal condyle of the right humerus, resulting in partial anchylosis of
the elbow. The arm can be flexed to about a right angle and ex-
tended to about forty-five degrees, or in a radius of about six inches.
He cannot get his hand to his mouth, and cannot bathe his face or cut
his food, dress or undress himself. For all these offices he requires the
regular aid and attendance of another person. * * * He has fair use
of his right hand, can write, and is employed as second grade clerk in the
Second Auditor's Office, but requires the assistance of another person
in handling books, &c."

For these disabilities it was held, on appeal, that the applicant was
entitled to a pension at the rate of $50 per month under the provisions
of the act of June 18, 1874. (Overruling decision in same case dated
April 29, 1882.)

CoUett, John E. Ctf. No. 27,886. Jo8lyn,M. L., Acting Secretary. June 26, 1883. Vol. 10, p. 477.

Act of February 28, 1877.

21. "The act of February 28, 1877, must be construed in connection
with its title. The title is 'An act to allow a pension of thirty- six dol-

252 PENSION LAWS, DFX'ISIONS, &C.

INCREASE (INVALID)— Continued.

lais per month to soldiers who have lost au arm and a leg.' The rate of
pension to be allowed under this act is specifically fixed, so that it can-
not be changed except by direct authority given by a subsequent act.
^he act of March 3, 1883, does not give that authority.

"The expression contained in the act of February 28, 1877, *at such
rate as is provided for by the provisions of the existing Jaws,' must be
understood as referring to the provisions of the laws in force at the date
of the passage of that act.

" In the \iew of this Department there is no authority of law for grant-
ing a higher rate of pension for the loss of a hand and foot than $36 per
month."

Instructions : Teller, H. M., Secretary. Apr. 2, 1884. Vol. 11, p. 180.

RUT-.ING OF THE COMMISSIONER OF PENSIONS.

Ruling No. 15. July 27, 1877.

Increased pension, under act of February 28, 1877, will be allowed
from the passage of said act in all cases where the loss of a hand and
a foot was incurred prior to that date, or where the claimant, at the pas-
sage of said act, was a pensioner on account of total and permanent
disability in one hand and one foot.

In new applications for the latter disability, pension will commence
at the date of the surgeon's certificate establishing the same.

Sec. 4697, R. S.

Act of June 17, 1878.

22. Increase from $50 to $72 per month on account of disease of brain
is inadmissible on the ground that the act of June 17, 1878, includes
only those who have lost both hands or both feet or the sight of both
eyes.

Sharp, Wm.C. Ctf. No. 147,157. Schurz, C, Secretary, Oct. 17, 1879. Vol. 7, p. 28.

Act of Jane 16, 1880.

^3. (1) Persons, on June 16, 1880, pensioned at a lower rate than $50
per month, whose disabilities have, since that date, increased to such a
degree as to entitle them to the benefits of the act of June 18, 1874,
and persons whose disabilities may hereafter increase to such an extent
as to entitle them to the benefits of the last-named act, are not entitled
to the benefits of the act of June 16, 1880.

Opinions of Attorney-General. Vol. 8, p. 92.

(2) A pensioner having a claim for increase on file at the date of the
passage of the act of June 16, 1880, which was not finally adjudicated
until after that date, and then allowed at the rate of $50 per month, to
to commence prior thereto, is entitled to $72 per month under the pro-
visions of that act.

Whitehead, Jilea J. Ctf. No. 74, 699. Kirkwood, S. J., Secretary. July 12, 1881. Vol. 8, p. 342.

PENSION LAWS, DECISIONS, &C. 253

INCEEASE (INVALID)— Continued.

(3) " The iiiteut and spirit of the act of June 16, 1880, is that all those
soldiers and sailors whose present right it was at the time of its passage,
to demand and receive a pension of $50 a month under the law of 1874
(June 18), should have the same increased to $72."

Burnett, Ward H. Ctf. No. 3,851. (Old War). Attorney-General. Apr. 10, 1882. Instructioua
of Teller, H. M., Secretary. May 12, 1882. Vol. 9, pp. 203 and 2.36.

See Special Acts, par. 16. ,

(4) The applicant filed his claim for pension November 20, 1880, on
account of disability resulting from chronic diarrhoea and malarial fever,
and it was allowed at the rate of $50 per month from the date of filing
the application. He entered an appeal for the higher rate of $72, and
in deciding the same the following language is used, viz :

'^ He claims on appeal that he should have been allowed $72 per month
under the act of Congress approved June 16, 1880, which provides that
all soldiers and sailors who were then receiving a pension of $50 should
receive in lieu thereof $72 per month.

'' It has been held by the Department that the intent and spirit of the
act of June 16, 1880, was that those soldiers and sailors who at that
date were in consequence of their disablilities entitled to $50 per month
under the law of June 18, 1874, should have the same increased to $72,
and hence the law has been construed to include not only those who
were actually on the rolls at $50 per month at the date of the passage
of the act, but also those whose applications for pensions were pending
iit that time, and the degree of disability was found such as to entitle
them to $50 per month to date prior to June 16, 1880.

"• In this case, however, for some reason the application for pension
was not filed until November 20, 1880, five months after the passage of
the act above referred to, and under the law his pension must date from
t liat time. His claim for increase must therefore be denied as, at the pas-
sage of that act, he was not in the receipt of a pension nor had he made
an application for one.^'

Hopkins, Thomas S. Ctf. No. 189,988. Maldrow, H.L., Acting Secretary. Mar. 28, 1885. Vol.
11, p. 476.

RTJI.ING OF THE COMMISSIONER OF PENSIONS.

EuLiNG No. 72. JSTovetnber 17, 1881.
If a claimant had an application filed prior to Juue 16, 1880, claim-
ing pension at the rate of $50 per month uuder act of June 18, 1874,
and if pension is granted at $50 to date i>rioi: to June 16, 1880, such a
claimant is entitled to $72 per month, under the act last above named.

Act of March 3, 1883.

24. (1) It appears to the Department that it would be proper to re-
gard all i)eusioners whose disabilities are equivalent to that caused by
the loss of an arm at or above the elbow, or a leg at or above the knee,

254 PENSION LAWS, DECISIONS, &C.

INCREASE (INVALID)— Continued.

"as so disabled as to be incapacitated for performing any manual labor '^
within the meaning of the act of March 3, 1883, and entitled from and
after March 3, 1883, to the rate o^f $30 per month..

Martiu, Thomas H. Ctf. No. 11,986. Teller, H. M., Secretary. June 2, 1884. Vol. 11, p. 276.

(2) Soldier originally pensioned at $8 per month from April 15, 1857,
the date of his discharge from the service, for a severe gunshot wound
of right shoulder. Pursuant to changes in the law the original rate was
increased, from time to time, to $15, $18, and $24 per month, respectively,
the last increase being allowed under the act of March 3," 1883. It was
claimed on appeal that those ratings were too low and that they should
have been, respectively, $20 from June 6, 1866, $24 from June 4, 1872,
and $30 from March 3, 1883 : ffeld, that, notwithstanding the fact that
the evidence shows the wounded arm is useless, the statute does not
allow $30 per month for an injury equivalent to its loss. • The soldier, to
be entitled to that rate, must have suffered actual loss of the arm at or
above the elbow, or his disability must be such as to incapacitate him
for any' manual labor. The evidence does not show that he is disabled
to that extent. Action of Pension Office refusing to allow $30 from
March 3, 1883, approved.

Crlnian, John. Ctf. No. 3,689. Jenks, G. A., Assistant Secretary. Aug. 6,1885. Vol. 12, i). 33.

See Eates of Pension.

INCREASE (INVALID), ATTORNEY'S FEES IN CLAIMS FOR.

See Fees of Agents and Attorneys in Claims- fob In-
crease.

ruiilng of the commissioner of pensions.
EULING No. 25. March 26, 1873.
.The date of commencement in allowance of applications for increase,
" except in cases of permanent and specific disability," as per last clause
of section 4, act of March 3, 1873, shall be the date of first examining
surgeon's certificate, made pursuant to such application for increase,
whicli shall describe and show the existence of an increased disability.
Satisfactory proof of continuous existence of the disability for which
pension was allowed shall be sufficient to warrant an order for the res-
toration to the pension-rolls of the name of any pensioner dropped there-
from by order of this Office, by reason ot the inadvertence or ignorance
of an examining surgeon, or other alleged evidence that said disability
had ceased to exist ; and any pensioner so restored shall be entitled
from the date at which his name may have been dropped.

OBDEB OF THE COMMISSIONER OF PENSIONS.

Order No. 7. July 5, 1871.
In all claims for increase, the record and medical evidence upon which
the original action was based must be spread upon the brief, that a con-

PENSION LAWS, DECISIONS, &C. 255

INCREASE (INVALID), ATTORNEY'S FEES IN CLAIMS FOR— Cont'd.

nectioii may be traced in subsequent developments of disease or disa-
bility.

INCREASE (INVALID), RECONSIDERATION OF RATE OF.

See EE-RATiNa and Secretary of the Interior.

INCREASE (WIDOWS AND MINORS).

Section 4703, Revised Statutes.

The pensions of widows shall be increased from and after the twenty-
fifth day of July, eighteen hundred and sixty-six, at the rate of two
dollars per month for each child under the age of sixteen years of the
husband on account of whose death the claim has been, or shall be,
granted. And in every case in which the deceased husband has left, or'
shall leave, no widow, or where his widow has died or married again,
or where she has been deprived of her pension under the provisions of
the pension law, the pension granted to such child or children shall be
increased to the same amount per month that would be allowed under
the foregoing provisions to the widow, if living and entitled to a pen-
sion : Prarided, That the additional pension herein granted to the widow
on account of the child or children of the husband by a former wife
shall be paid to her only for such period of her widowhood as she has
been, or shall be, charged with the maintenance of such child or chil-
dren 5 for any i)eriod during which she has not been, or she shall not
be, so charged, it shall be granted and paid to the guardian of such child
or children : Provided, further, That a widow or guardian to whom increase
of i)ension has been, or shall hereafter be, granted on account of minor
children shall not be deprived thereof by reason of their being main-
tained in whole or in part at the expense of a State or the public in any
educational institution, or in any institution organized for the care of
soldiers' orphans.

Sec. 9, 3 Mar., 1873 ; sec. 2, 25 July, 1866 ; sec. 4, 27 July, 1868; sec. 5, 27 July, 1868.
DECISIONS OF THE SECRETARY OF THE INTERIOR.

1. Due to pensioners under special acts.

Ward, Auua E. Ctf. Ko. 176,310. Browning, O. H., Secretary. Jan. 17, 1867. Vol. 2, p. 7.

2. Commences July 25, 1866.

Proctor, G. W. N. Ctf. No. 116,337. Cox, J. D., Secretary, May 13, 1869. Vol. 2, p. 106.

3. None due if widow never applied therefor until after her remarriage.

Free, Maria. Ctf. No. 51,284. Delano, C, Secretary. Oct. 21, 1870. Vol. 1, p. 91.

4. Commences from date of original pension in cases where the latter
commences from date of filing of last evidence.

Rich, Mary. App. No. 142,009. Delano, C, Secretary. Oct. 21, 1870. Vol. 1, p. 91.

256 PENSION LAWS, DECISIONS, &C.

INCREASE (WIDOWS AND MINORS)— Continued.

5. IJDder act of June 6, 1874, commences with original pension.

Baferty, Patrick, minors of. Off. No. 157,188. Delano, C, Secretary. Oct. 12, 1874. Vol. 3, p
332.

6. No fee due attorneys in claims of minors for increase of pension.

Wbitley, W. D., minors of. Ctf. No. 147,790. Delano, C, Secretaiy. Aug. 24, 1875. Vol.'4,p. 99*
RUI.ING OF THE COMMISSIONER OF PENSIONS.

EuLiNG No. 49. December 7, 1870.
An increase provided for by the act of July 25, 1866, cannot com-
mence at a date prior to that allowed by original pension certificate.

INDIANS' CLAIMS.

Section 4721, Revised Statutes.

The term of limitation prescribed by sections forty-seven hundred and
nine and forty-seven hundred and seventeen shall, in pending claims of
Indians, be extended to two years from and after the third day of March,
eighteen hundred and seventy-three; all proof which has heretofore
been taken before an Indian agent, or before an officer of any tribe,
competent according to the rules of said tribe to administer oaths, shall
be held and regarded by the Pension Office, in the examining and de-
termining of claims of Indians now on file, as of the same validity as if
taken before an officer recognized by the law at the time as competent
to administer oaths ; all proof wanting in said claims hereafter, as well
as in those filed after the third day of March, eighteen hundred and
seventy- three, shall be taken before the agent of the tribe to which the
claimants respectively belong ; in regard to dates, all applications of
Indians now on file shall bfe treated as though they were made before
a competent officer "at their respective dates, and if found to be in all
other respects conclusive, they shall be allowed ; and Indians shall be
exempted from the obligation to take the oath to support the Constitu-
tion of the United States.

Ilrst part of section repealed by the repeal of sec. 4717. See Sec. 4705, B. S., under Lead of Le-
gitimacy OF Colored and Indian Soldiers.

OBBEB OF THE COMMISSIONER OF PENSIONS.

Order No. 17. (No date.)
Applications for pension and bounty-lands by Indians sustaining tri-
bal relations, or their heirs, will be submitted, before action thereon, to
the Commissioner of Indian Ailairs. Certificates and warrants there-
for will be transmitted through the said Commissioner. Agents will
pay all amounts due, less the fees allowed by the Commissioner, and
the fees authorized to be paid by Office of Indian Affairs to the attor-
neys.

PENSION LAWS, DECISIONS, &C. 257

INDIANS, WARS WITH, DURING WAR OF 1812.

See Service Pensions, War of 1812, par. 13.

INDIANS, ATTORNEYS IN CLAIMS OF.

See Attorneys.

INFORMAL DECLARATIONS.

See Declarations, Formal and Informal.

INJURY.

The word " injury " iu act of June 18, 1871, is used in the same sense
as the word "disability." (See Disability.)

Schmidt, Henry. Ctf. No. 35,234. Chandler, Z., Secretary. Feb. 11, 1876. Vol. 4, p. 197.

INSANITY.

^ee Limitation, par, 11; Line of Duty, par. 17, and Pre-
sumption OF Fact, par. 2.

INTEMPERANCE.

Death of soldier of disease contracted in service, and aggravated by
the habitual use of intoxicating liquors, does not entitle the widow to
the benefits of the general i)ension law.

Johnson, Abby A. Ctf. No. 135,444. Delano, C, Secretary. May 31, 1875. Vol. 4, p. 56.

See Cause of ^eath.

JURISDICTION.

Secretary of the Interior , Commissioner of Pensions^ Pension Agents^ Sec.
ond Comptroller, Third Auditor.

In his opinion dated April 28, 1882, the Attorney-General uses the
following language, to wit:

'M understand that Chapter Five, under the head of 'Department of
the Interior,' in the Eevised Statutes, i)laces the entire administration
of the pension laws in the control of that Department, and that section
471 designates the Commissioner of Pensions as the officer whose spe-
cial duty it is, under the direction of the Secretary, to administer and
carry into execution these laws. He shall perform, to use the language
of the statute, * such duties in the execution of the various pension and
bounty-land laws as may be prescribed by the President.' By which
I understand that the Commissioner of Pensions is the officer provided
bylaw in whose hands the President, as the executive head of the na-
tion, shall place this part of his administration, to wit, the execution of
the pension and bounty-land laws.

*******
7018 pen 17

258 , PENSION LAWS, DECISIONS, &C.

JURISDICTION— Continued.

^^ Pension agents are officers of tbe Department of tlie Interior, and
take their instructions from the Commissioner of Pensions — sections
4779, 4784, 4785. There is no allusion in any of the pension laws to
the accounting officers of the Treasury as having any authority to con-
strue those laws, or to direct the pension agents as to the amount that
shall be paid to any class of pensioners, or to whom pensions shall be
paid. This is matter for the supervision and instructions of the Com-
missioner. The certificate and his orders as to its payment are binding
upon the Comptroller and Auditor.

" If a payment has the authority of the Commissioner of Pensions,
and especially if it has the sanction of the Secretary of the Interior, the
decision is final. For the jurisdiction of the whole matter is in these
officers.

"The duty of the accounting officers in respect to pensions is to audit
the accounts relating to them, and to certify the balances. " (See section
277, E. S.) But this does not require that they shall take from the Com-
missioner of Pensions the jurisdiction with which the law clothes him,
to construe and administer the pension laws, or to interfere with his
instructions to pension agents. On the contrary they are bound to
conform to his decisions."

Minors of Alexander Boone. Ctf. No. 182,930. Opinion of Attorney-General. Apr. 28, 1882.
Teller, H, M., Secretary. May 11, 1882. Vol. 9, pp. 191 and 196.

JUSTICES OF THE PEACE (NOTARIES, &c.).

1. Illiteracy of magistrate does not impair the sufficiency of his cer-
tificate.

Holland, Z. Smith, C. B., Secretary. Nov. 12, 1862. Vol. 2, p. 170.

2. Affidavit taken before, acting as the attorney in the case,* cannot
be taken as evidence.

Sinclair, William A. App. No. 29,827. Chandler, Z., Secretary. July 5, 1876. Vol. 4, p. 332.

3. Exercising the functions of, under a State in rebellion against the
United States is an act of disloyalty.

Harris, J. D. App. No. 28,521. Gorham, Charles F., Acting Secretary. Oct. 12, 1876. Vol. 4, p.

LEGITIMACY.

Section 4704, Revised Statutes.

In the administration of the pension laws, children born before the
marriage of their parents, if acknowledged by the father before or after
the marriage, shall be deemed legitimate.

Sec. 10, 3 Mar.. 1883.

PENSION LAWS, DECISIONS, &C. 259

LEGITIMACY OF THE CHILDREN OF COLORED AND INDL^N SOL-
DIERS.

Section 4705, Revised Statutes.

The widows of colored and Indian soldiers and sailors who have died,
or shall hereafter die, by reason of wounds or injuries received, or
casualty received, or disease contracted, in the military or naval service
of the United States, and in the line of duty, shall be entitled to receive
the pension provided by law without other evidence of marriage than
satisfactory proof that the parties were joined in marriage by some
ceremony deemed by them obligatory, or habitually recognized each
other as man and wife, and were so recognized by their neighbors, and
lived together as such up to the date of enlistment, when such soldier
or sailor died in the service, or if otherwise, to date of death ; and the
children horn of any marriage so proved shall be deemed and held to he law-
ful children of such soldier or sailor, hut this section shall not he applicable
to any claims on account of persons who enlist after i\ie third day of 3Iarchj
one thousand eight hundred and seventy -three.

Sec. 11, 3 Mar., 1873 ; sec. 14, 14 July, 1864 ; sec. 14, 6 June, 1866 : sec. 2, 15 June, 1866 ; As to "In-
dian," sec. 11, 3 Mar., 187S.

DECISIOIsrS OF THE SECRETARY OF THE INTERIOR.

1. Of son not essential to the validity of a mother^s claim.

Bush, Johanna. App. No. 2,489. Usher, J. P., Secretary. June 15, 1863. Vol. 1, p. 25.

2. Of children governed by laws of the State in which they were
born.

Pinkham, Mrs. M. J. App. No. 1,426. Browning, O. H., Secretary. June 22, 1867. Vol. 2, p. 25.

3. Of minors essential to entitle them to pension.

Corwell, Sarah J. Ctf. No. 6,782. Chandler, Z., Secretary. Jan. ai, 1876. Vol. 4, p. 193.

4. The soldier, the father of the claimant, and her mother, prior to
his enlistment, '^ were living together and cohabiting under a promise
of future marriage. The claimant was begotten while her parents were
living in this relationship. She was born after her father had entered
the service, and at a time when the cohabitation in fact had no existence.
It is claimed that the father in his life-time had recognized her as his
child, and had promised to marry the mother, when he should return
from the service, and Hhus render' the claimant legitimate."

. It was decided, on appeal, that ^' this intercourse of the i^arents did
not constitute a common-law marriage. It never could have ripened
into such as long as that relation continued. The cohabitation of the
parents was adulterous, under the laws of Indiana, where they cohabi-
tated, and was criminal." The child was illegitimate, and could only
become legitimate by the subsequent marriage of her parents and her
recognition by her father as his child.

Gierhart, Emma. No. 208,029. Teller, H. M., Secretary. Apr. 21, 1883. Vol.10 p. 330

260 PENSION LAW.S, DECISIONS, .tC.

LEGITIMACY OF THE CHILDREN OF COLORED AND INDLA.N SOL-

DIERS— Continued.

RULIINGS OF THE COMMISSIONER OF PENSIONS.

RULiNa No. 32. (No date.)
The legitimacy of soldier is not necessary to entitle minor brothers
and sisters.

EULING No. 33. April 8, 1876.

If a man marry, and by his wife children are born to him, and, while
such marriage continues, cohabits with another woman, and children
are also born to them in such cohabitation, and, pending that cohabita-
tion, the wife dies, and he afterwards marries the woman with whom he
had so cohabited, and, either before or after the last marriage, he ac-
knowledges, as his own, the children so born out of wedlock, and there-
after dies, the widow, if pensionable on account of his death, may have
the increase on account of her own, as well as the children by the former
wife, if charged with their maintenance, but will be entitled to the in-
crease on account of the children by the former wife only so long as she
is charged with their support.

Local laws have no bearing on the status of children born out of wed-
lock in the administration of the pension laws. Section 4704, Revised
Statutes, is universal in its application.

LIFE INSURANCE.

DECISION OF THE SECRETARY OF THE INTERIOR.

Application for, by pensioner does not forfeit pension if disability still
exists.

Sanderson, John W. Ctf.No. 1,959. Cowen, B. E., Acting Secretary. Nov. 4, 1875. Vol. 4, p.
141.

LIMITATION.

Section 4694, Revised Statutes.

No person shall be entitled to a pension by reason of wounds or in-
jury received or disease contracted in the service of the United States
subsequent to the twenty-seventh day of July, eighteen hundred and
sixty-eight, unless the person who was wounded, or injured, or con-
tracted the disease was in the line of duty ; and, if in the military serv^-
ice, was at the time actually in the field, or on the inarch, or at some
post, fort, or garrison, or en route, bj^ direction of competent authority, to
some post, fort, or garrison ; or, if in the naval service, was at the time
borne on the books of some ship or other vessel of the United States,
at sea or in harbor, actually in commission, or was at some naval sta-

PENSION LAWS, DECISIONS, &C. 261

LIMITATICN- Continued.

tion, or on his way, by direction of competent authority, to the United
States, or to some other vessel, or naval station, or hospital.

Sec. 1, Mar. 3, 1873. Sec. 2, July 27, 1868.

Act of January 25, 1879.

Be it enacted hy the Senate and House of Representatives of the United
States of America in Congress assembled, That all pensions which have
been granted under the general laws regulating i)ensions, or may here-
after be granted, in consequence of death from a cause which originated
in the United States service during the continuance of the late war of
the rebellion, or in consequence of wounds, injuries, or disease received
or contracted in said service during said war of the rebellion, shall com-
mence from the date of the death or discharge from said service of the
person on whose account the claim has or shall hereafter be granted, or
from the termination of the right of the party having prior title to such
pension.

Sec. 15, Mar. 3, 1873 ; sec. 5, July 14, 1862 ;^ec. 6, July 4, 1864; sec. 13, June 6, 1866; sec. 6, July
27, 1868. Hepealing sec. 4709, E. S. For repealed section, see Addenda.

Section 2 of the act of March 3, 1879.

All pensions which have been, or which may hereafter be, granted in
consequence of death occurring from a cause which originated in the
service since the fourth day of March, eighteen hundred and sixty- one,
or in consequence of wounds or injuries received, or disease contracted
since that date, shall commence from the death or discharge of the
person on whose account the claim has been, or is hereafter, granted, if
the disability occurred prior to discharge ; and if such disability oc-
curred after the discharge, then from the date of actual disability, or
from the termination of the right of party having prior title to such
pension : Provided, The application for such pension has been, or is here-
after, filed with the Commissioner of Pensions prior to the first day of
July, eighteen hundred and eighty j otherwise the x)ension shall com-
mence from the date of filing the application ; but the limitation herein
prescribed shall not apply to claims by or in behalf of insane persons
and children under sixteen years of age.

DECISIONS OF THE SECRETARY OF THE INTERIOR. ,

1. In claims of invalids, begins at discharge from service in which
the disability originated.

Best, Frank. App. No. 96,617. Cox, J. D., Secretary. Apr. 13, 1869. Vol. 2, p. 107.

2. Mother^s claim filed after the expiration of the five years^ limitation
imposed by section 6, of the act of July 27, 1868, was admitted and pen-
sion made to commence from the date of filing the last material evidence.

262 PENSION LAWS, DECISIONS, &C.

LIMITATION— Contimied.

Claim for arrears of pensioD from date of son's deatli rejected, and re-
jection affirmed on appeal.

Mother of George Shinefield. Ctf. No. 113,717. Cox, J. D., Secretary. June 2, 18C9. Vol. 2, p.
108.

3. Pensions under special acts are not subject to tUe limitation pre-
scribed by section 6, act of July 27, 1868.

Ilarrison, Mrs. E. S. App. No. 695. Cox, J.D., Secretary. Aug. 3, 1869. Vol. 2, pp. 123, 135.

4. Does not apply to claims for restoration or renewal of pension.

Wheeler, Agnes. File No. 3,364. Cox, J. D., Secretary. Oct. 4, 1869. Vol. 1, p. 72.
Peering, John. Ctf. No. 32,784. Delano, C, Secretary. Nov. 25, 1873. Vol. 3, p. 67.

5. Begins at death of soldier, if he dies leaving no widow, child, or
mother.

Click, Elisha. Ctf. No. 141,087. Delano, C, Secretaiy. Mar. 17, 1870. Vol. 1, p. 91.

C. Applies, whether negligence in filing claim was the fault of attor-
ney or claimant.

Stevens, Sarah H. App. No. 185,627. Delano, C., Secretary. Nov. 21, 1870. Vol. 2, p. 203.

7. Cannot be lessened by reason of a subsequent term of service, civil
or military. *

Smith, William L. App. No. 104,755. Delano, C, Secretary. Feb. 6, 1871. Vol. 1, p. 99.

8. In claims of brothers, sisters, and fathers, if claimed .under section
G, of the act of July 27, 1868, begins June 6, 1866.

Frazier, George. App. No. 148,019. Delano, C, Secretary. May 27, 1871. Vol. 1, p. 108.

0. In claims of mothers commences July 14, 1862.

Parker, Susan. Ctf. No. 588. Delano, C, Secretary. June 14, 1871. Vol. 1, pp. 84, 114.
INOTE. — In this decision it was held that a mother's rightto pension accrued upon the passage of
the act of July 14, 1862, and that the limitation commences to run from that date.l

10. A service is not continuous which is broken by an interregnum of
two days between the date of discharge from one. and the date of en-
listment in the other, and the bar of limitation would commence to run
from the date of discbarge from the earlier service, provided the disa-
bility was contracted in that service.

Hyland, John. Ctf. No. 117,078. Delano, C, Secretary. Dec. 2, 1872.

[NOTK. — This decision applies to cases under the five years limitation laws in force prior to the
act of Jan. 25, 1879, and its amendment]

11. Dees not apply during time claimant was insane.

Cunningham, Richard J. Ctf. No. 119,613. Delano, C, Secretary. May 5, 1873. Vol. 1, p. 360.
[NoTB.— In this case the claimant became insane about four months prior Co the expiration of

the fivo years limitation, and did not apply for pension until four or five months after that

limitation expired. His claim for an ears was allowed.]

12. In cases of invalids begins at date of final payment, if the mem-
bers of the organization to which he belonged were under military au-
thority until that date.

Ferguson, Henry. Ctf. No. 117,390. Cowen, B. R., Acting Secretary. Oct. 28, 1873. Vol. 3.
p. 49.

PENSION LAWS, DECISIONS, &C. 263

LIMITATION— Continued.

13. Applies to claim of widow filed after her marriage.

Simons, Minerva J. App. No. 212,002. Delano, C, Secretary. July 10, 1874. Vol. 3, p. 270.

14. Euns from, and does not include, date of discharge or death.

Millar, Wilson. Ctf. No. 125,847. Delano, C, Secretary. Sept. 7, 1874. Vol. 3, p. 297.

15. In cases of non-enlisted men, applies also to the claims of their
widows.

Gosnell, Margaret. App. No. 176,141. Delano, C, Secretary. Jan. 26, 1875. Vol. 3, p. 443.
[Note.— In other words, the widow of a non-enlisted man cannot be allowed pension where the

soldier's right, if he were living, would be barred by the limitation imposed by paragraph 3,

section 4693, 31.S.]

16. Begins from the time a minor arrives at the age of sixteen years
in cases where they apply in their own behalf.

Nyland, Cornelia E. App. No. 222,226. Chandler, Z., Secretary. Apr. 12, 1876. Vol.4, p. 269.

17. There is no limitation as to time of filing pension claims of minors.

Fritsche, Karoline. Ctf. No. 184,029. Bell, A., Acting Secretary. May 19, 1881. Vol. 8, p. 247.
(See sec. 2, act of Mar. 3, 1879; sec. 4702, E. S.)

18. The act of August 7, 1882, to amend section 4702, Revised Statutes,
does not repeal the limitation as to date of filing contained in section
2, act of March 3, 1879. It simply provides that, where a widow has
continued to draw pension after the date of her marriage, the pension
to minor children shall commence from the date of the last payment to
her.

Kinyon, Phoebe, widow. Ctf. No. 194,456. Teller, H.M., Secretary. Apr. 7, 1833. O. W. and
N. Vol. 3, p. 153.

[Note.— Most of the foregoing decisions of the Secretary of the Interior on the subject of Limit-
ation are reproduced here more for purposes of history than for any actual value they now
have. Under the arrears act of January 25, 1879, all pensions which have been granted under
the general law, or may hereafter be granted in consequence of death from a cause which
originated in the United States service during the late war of the rebellion, or in consequence
of wounds, injuries, or disease received or contracted in said service, during said war, shall
commence from the date of the death or discharge from said service of the person on whose
account the claim has been, or shall hereafter be, granted, or from the termination of the
right of the party having prior title to such pension, subject to the proviso contained in sec.
tion 2, of the act of March 3, 1879, that "the application for such pension has been, or is here-
after, filed with the Commissioner of Pensions prior to the 1st day of July, 1880; otherwise
the pension shall commence from the date of filing the application." This does not apply
to the claims of non-enlisted men of the late war, or their heirs, whose claims are still subject
to the limitation imposed by par. 3, sec. 4693 of the Kevised Statutes, nor to minors and in-
sane persons against whose claims the law imposes no limitation.]

BUXINGS OF THE COMMISSIOIOJR OF PENSIONS.

Ruling No. 34. August 20, 1875.
A soldier, mustered out on individual muster-out roll, subsequent to
the disbandment of the organization to which he belonged, shall be
considered as having been in service until the date of his certificate of
discharge, and such date shall be taken as the date from which the
limitation prescribed by section 4709, Eevised Statutes, commences to
run: Provided, That the soldier was continuously under the orders of

264 PENSION LAWS, DECISIONS, <ScC.

LIMITATION— Continued.

his superior officers and his retention in service was not the result of
his own fault.

RuLiNO No. 71. November 17, 1881.
The three years' limitation provided by section 4719, Eevised Stat-
utes, will not apply in the case of a pensioner who, within the three
years, shall have died, or shall have been insane, or been a minor, with
or without a guardian.

LIMITATION IN ANTE-REBELLION CLAIMS.
See Old Wars, par. 13.

LIMITATION IN NAVY CLAIMS.

See Navy, par, 9.

LINE OF DUTY.

RELATION OF, TO PENSIONS. AS DEFINED BY HON. CALEB GUSH-
ING, ATTORNEY-GENERAL OF THE UNITED STATES.

See Decisions of Attorneys-General, vol. 7, p. 149.

1. When the statute provides pension for disability or death occa-
sioned by wounds or injuries received, casually occurring, or disease
contracted in the line of duty, it intends that the performance of duty
must have relation of causation or consociation, mediate or immediate,
to the wound, the casualty, the injury, or the diisease which produces
the disability or death.

To determine the right of pension, the question is not whether, when
the cause of disability or death occurred, the party was on duty or not,
in active service, or on furlough or leave, in arrest or not, but whether,
in any of the possible conditions of service, the cause of disability or
death was appurtenant to, dependent upon, or connected with acts
within or acts without the line of duty.

Upon the question of casualty the opinions of experts are evidence,
but they do not constitute either exclusive or conclusive proof; and
the question is to be judged by the real facts, like any other matter of
evidence.

Where the proofs as to the question of actor and subject are balanced,
and it is impossible to determine by them whether the case be one of
contemporaneity or collocation only, or of cause and consequence, it is
a reasonable inference of jmblic policy to presume in favor of the serv-
ice.

It is according to public policy to presume in favor of the service,
where the "line of duty" enters potentially into the causes of disability

PENSION LAWS, DECLSIONS, &C. 265

LINE OF DUTY— Continued.

or death, although it be not certainly provable that it was the exclusive
or predominant cause.

DECISIONS OF THE SECRETARY OF THE INTERIOR.

2. (1) The presumption of law is that every person engaged in the
public service i)erforms his duty until the contrary is shown. A soldier
is in line of duty whenever he is acting in conformity to the regulations
of the Army and the orders of his superior officers. It cannot be pre-
sumed, in the absence of proof, that he was acting in violation of such
regulations and orders.

Cook, Nathaniel. Smith, C. B., Secretary. K"ov.8,1862. Vol. 2,p.llD.

Brewer, Jackson A., guardian of minors of. App.No. 164,315. Delano, C, Secretary, May 15,
1875. Vol. 4, p. 38,

(2) Fer contra. A soldier is not in line of duty while violating any
established Army regulation.

Champion, D. B. App. Xo. 58,835. Harlan, J., Secretary. Aug. 18, 1865. Vol. 2, p. 182.
Addis, James E. App. No. 47,291. Harlan, J., Secretary. Dec. 21, 1865. Vol. 1, p. 46.
»

(3) It is the duty of a soldier not only to obey orders but to refrain
from voluntarily doing any act not required by the service, and which
he knows is liable to injure the service by rendering him inefficient as
a soldier.

Brown, John, Ctf. No. 113,260. Schurz, C, Secretary. Feb. 14, 1881. Vol.8, p. 140.

3. Death of a naval assistant engineer after his discharge from the
service (subsequent to March 4, 1861, but prior to the passage of the
act of July 14, 1862), entitles his widow to pension under said act if
the cause of his death had its origin in the service and line of duty.

Homer, Mrs. A. Usher, J. P., Secretary. June 24, 1863. Vol. 1, p. 26.

4. (1) To give title to pension it must be sho\^n not only that the dis-
ability alleged was contracted in the military service of the United
States, but in the line of duty in that service.

Call, Parmelia M. No. 27,292. Usher, J. P., Secretary. Sept. 11, 1863. Vol. 1, p. 28.

(2) Disease resulting in death must have been contracted in line of
duty to entitle widow.

Horst, Barbara. App. No. 169,894. Cox, J. D., Secretary. June 2, 1869. Vol. 2, p. 108.

5. Colonel Yimou t, while engaged in the performance of duty, was ap-
proached by an officer of inferior rank who made improper demands of
him concerning some remarks which had been made to another officer.
Upon Colonel Yimou t's declining to yield to those demands he was
assaulted, and a quarrel ensued during which he received injuries which
caused his death : Reld^ that he was in line of duty, and his widow^s
claim for peusion should be allowed.

Vimont, Col. T. T., widow of. App. No. 65,251. Harlan, J., Secretary. Jan. 17, 1866. Vol. 1,
p. 50.

266

LINE OF DUTY— Continued.

6. Death of soldier from eating green fruit. Widow entitled to pen-
sion.

Coile, Anastasia. App. No. 36,260. Delano, C, Secretaiy. Jan. 4, 1873. yd. 1, p. 242

7. Where soldier died from the effects of a dose of fluid extract of
colchicum which had been prescribed for another man, and which he
appropriated willfully under the impression that the vial contained
whisky : Reld^ that his death under those circumstances cannot be con-
sidered as having occurred in line of duty, and rejection of his widow's
claim affirmed.

McCarty, John, widow of. App. No. 128,305. Kirkwood, S. J., Secretary. July 14, 1881. Vol.
8, p. 358.

RTJIilNGS OF THE COMMISSIONER OF PENSIONS.

EuLiNa No. 16. QSo date.)
Where it is sh«>wn that a soldier has performed military duty with
his company, and that he has died, or has been disabled, by reason of
any disease likely to result from the service, while with his company, or
while properly absent on detailed duty, or sick leave, or in hospital, then
the death or disability may, in the absence of indications to the contrary,
be assumed to have been incurred in the line of duty, if indicated by
record evidence.

EULING No. 17. August 14, 1869.
When it is reported by the Adjutant General and the Surgeon Gen-
eral that a soldier was wounded at a time and place when a battle was
fought, and dies of such wounds, it should be inferred that said wound
was received in action and line of duty.

KuLiNG No. 101. May 9, 1885.
Claimant alleged fracture of right collar-bone caused by a fall from
his bunk. According to the testimony the bunk was erected in a stable
or shed where were quartered the horses of the command. It was shown
that the company was stationed in Washington, D. C, and that com-
fortable quarters were provided for the men. It was also shown that
the claimant had been drinking: Held, that, throwing aside the ques-
tion of intoxication, in view of the discrepancies between the claimant's
allegations and the proof adduced, the origin of the alleged injury in
service and line of duty is not satisfjictorily shown, and claim should
be rejected.

Clark, Geoi;ge. App. 342,347.

ORDER OF THE COMMISSIONER OF PENSIONS.

Ordee No. 8. July 12, 1871.
All cases wherein a doubt exists as to whether the disability or death
was received while in Hue of duty shall bo referred to the Commissioner
for action.

pjsNSion laws, decisions, &c. 267

LINE OF DUTY— Continued.

8. ABSENCE, WITH OR WITHOUT LEAVE, FOR PURPOSES NOT
CONNECTED WITH THE SERVICE.

DECISIOXS OF THE SECRETARY OF THE INTERIOR.

(1) Death of soldier while on leave to attend to private business.
Widow not entitled to pension.

McCabe, Rosalinda. App. '^. 38,604. Hariau, J., Secretary. July 21, 1865. Vol. 2, p. 181.

(2) Is not accepted when the soldier, on a verbal pass, for a purpose
not connected with the service, was captured.

Newman, Eobert. App. No. 115,233. Schurz, C, Secretary. ISov. 20, 1879. Vol. 7, p. 75.

(3) Soldier not in line of duty when disability is contracted while in
pursuit of pleasure or absent to attend to private business.

Powell, Benj. F. V. Ctf. No. 59,029. Schurz, C, Secretary. Jan. 3, 1880. Vol. 7, p. 145. (Vide
Dodson, George. No. 245,899. Schurz, C, Secretary. Dec. 8, 1880. Vol. 8, p. 61.)

(4) Pension was claimed for the loss of one of the applicant's fingers
from a wound caused by the accidental discharge of a revolver in his
own hands, while absent from his command, by permission of his cap-
tain, shooting fish for food in the rear of Yicksburg, Miss., about July
1, 1863. The claim was rejected upon the ground that the soldier was-
not in the line of duty when he received the wound. The rejection was
aflirmed by the honorable Secretary on appeal, who held that it was
"in accordance with the established practice of the Pension OflSce ap-
proved by the Department." He also states that "it has been uni-
formly held that a soldier absent from his command of has own volition
merely, and not acting under any military order, is not in the line of
duty ;" and that as section 4700, Eevised Statutes, has paade provision
"for persons absent on account of sickness or under a furlougb partic-
ularly designated, it must be understood that those not on public duty
who may be absent from other causes and under other circumstances,
are excluded. The principle involved is the same, whether the person
be absent for a short or long time.'' , '

Seamon, Benjamin W. No. 268,902. Kirk wood, S. J., Secretary. Nov. 19, 1881. Vol. 8, p. 483.

(5) It was claimed that the husband of the applicant had permission^
with others, to leave camp and cross the Potomac Kiver to attend a
supper, and that on his return he was accidentally drowned. There be-
ing testimony on file showing that he left his post without authority, the
claim of his widow was rejected, upon the ground that he was not in the
line of duty when he came to his death.

On appeal, it was held, notwithstanding this testimony, "that if the
statements made in support of the claim were true, they show that the
applicant is not entitled, for the reason that the husband at the time of
the accident which caused his death was not engaged in any military
duty, but was absent from his command for a purpose not in any man-
ner connected with his duty as a soldier."

Braguniert, Elizabeth. No. 115,529. Teller, H. M , Secretary. May 23, 1882. Vol. 9, p. 216.

268 PENSION LAWS, DECISIONS, &C.

LINE OF DUTY— Continued.

(6) The claimant and a comrade, while on a march with his company
from Fort Scott to Sedalia, Mo., in January, 1864, "obtained permission
from a lieutenant of the company to leave the command for one night,
in order to visit some relatives who lived about three or four miles off
the line of march, with the understanding that they were to rejoin the
command on the following day at a point further along the route.

While going to pay the visit the claimant and his companion lost
their way in a furious snow-storm which obscured the roads, and the
result of the exposure then endured was the freezing of his feet and the
disability on account of which he claims pension."

Rejection of the claim upon the ground that the claimant was not in
the line of duty at the time he incurred the disability was affirmed, it
being held that "in the administration of the pension laws the Depart-
ment has uniformly held that a soldier while absent from his command
by permission or on furlough was not in the line of duty, and conse-
quently not entitled to pension for disability incurred while so absent,
unless he was engaged upon some public duty, or was on sick leave or
veteran furlough with the organization to which he belonged."

"The claimant in the present case was not absent under the con-
ditions above stated."

Praitt, John. No. 160,699, Teller, H. M., Secretary. June 17, 1882. Vol. 9, p. 266,

(7) A soldier passed without the lines in the night time, by permis-
sion of his captain, to go to the house of a friend whose family had
baked liim som'e bread. A portion of the command was out on a scout at
the same time and came upon the soldier, and ordered him to "halt,"
but supposing them to be enemies, be did not " halt," and, in attempting
to escape, was shot at and killed. "At the time of the occurrence the
command was stationed in the neighborhood from which it had been
recruited, and it was the custom to permit the members to leave camp
for the i^urpose of having washing and baking done by their friends."

The claim of the soldier\s children was rejected upon the ground that
he was not in the line of duty at the time he was killed.
• On appeal, it was decided that "at the date the soldier was killed
the organization of the regiment had not been completed. The command
was stationed near the homes of the members, and the evidence shows
that the absence of the soldier from the camp to obtain the bread was
by permission of his captain, given in conformity with the custom which
prevailed in the command of allowing the men to be absent for that
purpose.

"It is not improbable that in advance of perfect organization of the
regiment the supplies of the command were deficient. Nor is it prob-
able that the custom of going beyond tUe limits of the camp to obtain
bread would have prevailed among the men if equally wholesome bread
had been furnished to them within the camp.

PENSION LAWS, DECISIONS, &C. 269

LINE OF DUTY— Continued.

"It would seem to be just, therefore, to conclude that the absence of
the soldier, by permission, was for a necessary purpose connected with
the service, and as it does not appear that his death was due to any
fault on his x)art, that he was in the line of duty. * * *

**If the soldier, at the time of his death, had been absent on his own
private business, or for pleasure, or to obtain some luxury or article not
necessary to his health or comfort, a different conclusion would follow.

**The views above expressed do not conflict with the decisions of the
Department heretofore, the tenor of which has not been adverse to the
allowance of pension in cases when the soldier incurred disabilities
while temporarily absent by permission for a purpose growing out of or
connected with the public service."

Evans, William D., minors of. IS'o. 255,527. Teller, H. M., Secretary. Sept. 27, 1882. Vol. 9, p.
382.

(8) The Forty-eigth Eegiment Massachusetts Volunteers, to Company
A of which the claimant belonged, was in camp in that State, and under-
standing that it would not leave for the South for some days, "he left
camp without permission and went home. On the third day after he left
he returned, but found that his regiment had left for New Orleans. He
reported to Captain Todd, of Company K," of the same regiment, and
"remained with a detachment commanded by him until they embarked
on the " De Witt Clinton " for New Orleans." * * * u While on that
vessel, between Boston and Fortress Monroe, he contracted the disease
on account of which he claims pension."

In deciding the question of line of duty in this case, on appeal, it was
held:

"Although it was through a fault on the part of the soldier that he was
separated from his company and regiment he must, in the view of the De-
partment, be regarded as having come within the line of duty at the
time he returned to the camp and reported to the proper authority after
his absence without leave. Any disability he may have contracted
from exposure to which he was necessarily subjected while on board the
"De Witt Clinton" is due to his service and not to the fact that he had
previously been absent without leave, and was incurred in the line of
duty."

Batchelder, Albert R. No. 175,148. Teller, H. M., Secretary. June 21, 1883. Vol. 10, p. 470.
RTJI-nsrGS OF THE COMMISSIOIS^ER OP PENSIONS.

EuLiNa No. 100. May 6, 1885.
Where a soldier was absent without leave and, by order of a lieuten-
ant of his company who was not on duty, attempted to arrest a num-
ber of deserters, and in a scuffle which ensued was injured: Held/ihsit
he was not in line of duty, and therefore not entitled to pension for
the disability resulting from the injury tlius receiv^ed.

Smith, George W. App. No. 269,683.

270 PENSION LAWS, DECISIONS, &.C.

LINE OF DUTY— Continued.

Ruling No. 125. July 22, 1885.
Where soldier was captured by the enemy while " outside the pick-
ets and camp guards, '' and during his subsequent imprisonment con-
tracted a disability for which he claimed pension : Held, that inasmuch
as it is not shown that the soldier had any intention to desert, the pen-
alty of desertion should not be inflicted upon him. He should be re-
garded as having been in lire of duty when his disability was con-
tracted and his claim should be allowed.

Case of Newman. App. No. 115,233.

9. ACCIDENTS. CARELESSNESS.
DECISIONS OF THE SECRETART OF TETE INTERIOR.

(1) Soldier, while on guard, setting on some steps cut in the ground,
had his hand resting on the muzzle of his gun. On rising to his feet
the lock of the gun cg^me in contact with the steps and the gun was
discharged, carrying away all the fingers of his left hand : Held, that the
disability should be considered as having been incurred in line of duty.
Office decision reversed.

Taylor, Ezra. App. No. 81,585. Harlan, J., Secretary. Mar. 9, 1866. Vol. 1, p. 54.

See Burden of Proof, par. 2.

(2) Accidental death of the soldier, if not in line of duty, though sol-
dier be not to blame. No one entitled.

Waters, Mary. App. No. 111,332. Browning, 0. H., Secretary. Nov. 4, 1867. Vol. 2, p. 54.

(3) Where soldier was killed in camp by the explosion of a shell from
which he had removed the fire plug, thus causing the explosion : Heldj
that he was not in line of duty.

O'Donold, Walter O., mother of. App. No. 58,967. Delano, C, Secretary. Mar. 2, 1872. Vol. 1,
p. 161.

RULINGS OF THE COMMISSIONER OF PENSIONS.

EuLiNa Ko. 87. April 7, 1885.
In a claim for pension based upon an alleged gunshot wound of right
hand the captain of the claimant's company testified that the prevail-
ing impression at the time was that the wound was purposely self-
inflicted : Held, that, inasmuch as claimant allowed more than seven-
teen years to elapse before he appeared to have thought he had a legal
right to pension, there is not suflBcient evidence to warrant the allow-
ance of the claim under the statutes, and the other testimony in the
case cannot be accepted as rebutting the statements of the captain who
investigated the matter at the time of the occurrence.

Graw, Pliny. App, No. 363,890.

EULiNa No. 128. August 3, 1885.
Where a claimant alleged blood-poisoning caused by accidental inoc-
ulation of virus while dissecting an amputated limb : Held, that the act

PENSION LAWS, DECISIONS, cS^C. 271

LINE OF DUTY— Continued.

of dissection was performed on the claimant's own responsibility, the
Army regulations requiring no such service of medical officers, and in-
juries sustained under such circumstances are not pensionable, for the
reason that they were not incurred in line of duty.

Gay, Norman. App. No. 531,919. Order book, p. 94.

RULINO ^o. 142. November 10, 1885.
Where a claimant alleged that while performing duty as guard at a
private house he had to go about one-fourth of a mile for his meals j
that on the road between the two places a fort was being built j that on
one occasion in going by the fort he stopped and walked up the embank-
ment and then jumped down on the inside to get out of the way of the
men at work, and that in falling he sustained an injury to his right knee,
the Commissioner Held, that, admitting the claimant's statement to be
trufe, the cause of his injury had no connection with his military duty;
that he had no right to jump down an embankment, or into a fort, as
alleged, any more than he would have had to jumj) into a well or on to
a bayonet; that the cause of the injury was an act of culpable careless-
ness on the part of the claimant, and that his claim should consequently
be rejected.

Premer, Wm. App. No. 396,741. Order book, p. 101. •

EuLiNa No. 151. November 25, 1885.

In a claim for pension for loss of right index finger from gunshot
wound the original declarations (one formal and one informal) dis-
tinctly set forth that said wound was received in a skirmish with the
enemy at Catlin's Station shortly before the battle of Bull Run. The
same statement was made by the claimant to the first examining surgeon
who examined him. The record shows, however, that the soldier "ac-
cidentally shot off a finger, August 26, 1862, and since in hospital."
(This was just before the battle of Bull Run.)

The claimant, upon being informed that the record was in conflict
with his allegations as to the manner of receiving the alleged wound,
filed an affidavit setting forth that he was wounded accidentally by the
discharge of his own gun while cleaning it in a wagon alone. The
testimony of the captain and first lieutenant of his company is also
to the effect that the alleged disability was accidentally incurred, al-
though they nor any one else were immediately present with the claim-
ant at the time.

The Commissioner Held: that as the claimant at a time when his
recollection of the date, place, and manner of the receipt of the alleged
wound must, from the very nature of the disability, have been clear
and distinct, repeatedly asserted that the same was received in action
wi4h the enemy, and, after being informed that the record shows acci-
dental wounding, made oath to a state of facts in direct conflict with
his former allegations, he has thrown discredit on his own statements,

272 PENSION LAWS, DECISIONS, &C.

LINE OF DUTY— Continued.

and as the record and the testimony of his company officers show that
the wound was accidentally received, the application for pension is re-
jected upon the ground that the claimant has not shown that he was in
line of duty when said wound was received.

O'Connor, John,. ir. No. 322,811.

10. ATHLETIC SPORTS.
DECISIONS OF TITE SECBETARY OF THE INTERIOR.

(1) Where soldier was wrestling with his comrades, and a pistol was
dropped by one of them, which exploded, causing wound : Held^ that
disability was not contracted in the line of duty.

Stowers, George. Ctf. No. 117,252. Delano, C, Secretary. Jan. 17, 1874. Vol. 3, p. 93.

(2) Soldier not in, while engaged in a voluntary scuffle, and claim
for pension on account of a disability so contracted should be rejected.

McPherson, William J. App. No. 218,654. Schurz, ()., Secretary. Apr. 27, 1878. Vol. 5, p. 434.

(3) Where injury was received in consequence of charging upon a
fellow soldier, in accordance with a '* playful custom " which appears to
iiave existed in the regiment, with a view to unhorsing him: Held., that
the disability was not incurred in the line of duty.

McKee, Thompson W. Ctf. No. 92,252. Bell, A., Acting Secretary. JiUy 31, 1879. Vol. 6, p.
423.

RULING OF THE COMMISSIONER OF PENSIONS.

Ruling No. 73. April 20, 1882.
Injuries received by soldiers while engaged in the athletic sports
properly indulged in by them while in camp, shall be regarded as re-
ceived in line of duty, provided ordinary care and prudence were exer-
cised and that the games indulged in were not of an unfriendly character
nor in pursuance of any wager.

11. BATHING.
DECISIONS OF THE SECRETARY OF THE INTERIOR.

(1) Soldier not in, while bathing, unless under orders to do so.

Kelly, Aian, widow of Kelly, Bernard. App. No. 58,074. Harlan, J., Secretary. Mar. 15, 186S.
VoL2,p.l86. AlsOjMurray.PriscillaW., mother of Geo. W^. App. No. 215.753. Gorham,C.
P., Acting Secretary. Mar. 12, 1877. Vol. 5, p. 55.

(2) " The appellant (an artillery soldier) was acting under orders per-
forming a military duty (washing in a river the gun and caisson car-
riages to which he was attached), and while engaged in performing that
duty he, without orders and without any necessity to do so, dived off
his carriage head first in what must have been shallow water and in-
jured his head and neck. The act that caused the injury was a volun-
tary act on his part, not connected with the duty of washing the gun

PENSION LAWS, DECISIONS, &,C. 273

LINE OF DUTY— Continued.

and caisson carriages, and lie cannot be held to have been in the line of
duty when he received the injury."

Kommer, George. Xo. 246,887. Teller, H. M., Secrotarj-. Oct. 16, 1883. Vol. 11, p. 34.
12. DESERTION.

See Desertion.

13. FORAGING.
DECISIONS OF THE SECRETARY OF THE INTERIOR.

(1) Soldier not in, wliile foraging, unless under orders, even if he has
been granted leave to do so.

Wilson, Eunice. App. No. 150,104. Delano, C, Secretary. May 11, 1874. Vol.3, p. 202.

(2) A soldier and comrade had permission of their captaiu to forage
for turkeys and hogs ; while so engaged they were ordered to return to
camp by a patrol officer (a sergeant) who had on no insignia to distin-
guish him as such, and, doubting his authority, the foragers did not
obey ; they were again hailed by the patrol to stop or he would lire,
and the result of the matter was he did lire, and killed the soldier.

In the decision affirming the rejection of the claim on the ground that
the soldier was not in the line of duty when killed, the following lan-
guage is held, viz : *' It is not alleged that the foraging or hunting in
which the soldier was engaged at the time he was killed was necessary
in order to provide for himself or his command. The purpose for which
he was absent is not shown, therefore, to have had any connection with
the public service, but, on the other hand, it w.ould appear that the hunt-
ing was for the soldier's own amusement and pleasure. Moreover, it
was his duty to obey the order of the patrol. His refusal to obey was
in violation of regulations necessary to the discipline of the Army."

Updegraff, Anna. No. 183,480. Teller, H. M., Secretary. June 26, 1882. Vol. 9, p. 280.

(3) The Adjutant-GeneraPs report shows that the claimant was ^'cap-
tured near Victoria, Miss., on or about June 9, 1863, having gone on
shore to forage, by permission, but not under orders of his company
commander." Claim rejected on the ground that the soldier was not in
the line of duty when captured.

In concurring ^' in the opinion that the evidence is not sufficient to
prove that the soldier was absent foraging by order of his commanding
officer at the time he was captured," the honorable Secretary uses the
following language, viz: ''In a decision of the Department of May 11,
1874, in the claim No. 150,104, of the mother of John Q. Wilson, in which
case it was shown that the soldier was captured while out foraging by
permission (in writing) of the captain of his company, it was held that
' when military forces are in an enemy's country, a soldier who leaves
the protection of his command, except by order, takes the whole risk
upon himself of being captured or of losing his life, and in such a case
7018 PEN 18

274 PENSION LAWS, DECISIONS, &.C.

LINE OF DUTY— Continued.

ihe Government cannot be held responsible.^ It was further held that
the written permission given by the captain could not be regarded as
an order to forage j that the foraging was therefore a voluntary act of
the soldier, and that he was not in the line of duty when captured under
such circumstances."

Smith, Frederick W. No. 143,089. Teller, H. M., Secretary. June 27, 1882. Vol. 9, p. 287.

Above decision subsequently overruled in same case, as follows :
(4) The claimant's com^jany, under the command of its second lieu-
tenant, was on board a transport on the Mississippi Eiver, and landing
to obtain fuel, on an application made by some of the sick of the com-
mand that " some fresh and palatable food " might be obtained for them,
the said second lieutenant gave permission to the claimant and two
others to go on shore for that purpose. While so engaged he was cajv
tured by the enemy : Held, that, "although there was no express order
for him to perform this duty," yet, as he " was allowed to go on shore
to forage for the sick of the company," the claimant "at the time of his
capture was engaged in the performance of a military duty," and "must
be regarded as having been in the line of duty and entitled to pension
for any disability which may have resulted from his capture."

Smith, Frederick W. No. 143,089. Joslyn, M. L., Acting Secretary. Oct. 25, 1882. Vol. 0, p.
420.

14. FURLOUGH.

Section 4700, Revised Statutes.

Officers absent on sick leave, and enlisted men absent on sick fur-
lough, or on veteran furlough with the organization to which they be-
long, shall be regarded in the administration of the pension laws in the
same manner as if they were in the field or hospital.

Sec. 6, 3 Mar., 1873 ; sec. 8, 6 June, 1866.

DECISIONS OF THE SECRETARY OF THE INTERIOR.

(1) A soldier is not in line of duty while on furlough.

Monroe, Matilda J. App. No. 49,357. Usher, J. P., Secretary. Mar. 9, 1865. Vol. 2, p. 178.

(2) If a soldier dies while on furlough, of a disability contracted in
line of duty, his widow is entitled to pension.

Look, Harriet A. App. No. 13,328. Harlan, James, Secretary. Oct. 21, 1865. Vol. 2, p. 184.

(3) A soldier is in line of duty while serving during the term of a fur-
lough granted himj^ after having relinquished the same.

Roberts, Richard D. App. No. 61,369. Harlan, J., Secretary. Aug. 13, 1866. Vol. 1, p. 59.

(4) A soldier who deserts while on furlough is not entitled to pension
for any disability he may have contracted before he left his command.

Hullng, Stephen D. App. No.ftl,H9. Cox, J. D., Secretary. July 1, 1869. Vol. 2, p. 120.

PENSION LAWS,' DECISIONS, &C. 275

LINE OF DtJTY— Continued.

(o) A soldier ou veterau- furlough is not considered in line of duty
unless he was with his organization.

Eutrofl; Elizabetli. App. No. 203,420, Gorham, Charles F., Acting Secretary. Apr. 15, 1876.
Vol. 4. p. 274.

(6) Soldiers on individual furlough not considered in line of duty and
their widows are not entitled to pension on account of their death from
causes originating during such a furlough.

Hoffman, Isabella C, widow of Hoffman, Daniel S. App. No. 83,918. Scliurz, C, Secretary. May
3, 1877. Vol. 5, p. 101.

(7) Where soldier re-enlisted, and was granted a veteran furlough
with other members of the company, and while on said furlough is cap-
tured, and in escaping from imprisonment incurred a disability: Ileldy
that the case was not within the provisions of section 4700, Revised
Statutes, not being on furlough with the organization to which he be-
kmged.

Maynor, Washiustou. App. No. 209,954. Schurz, C, Secretary. June 6, 1879. Vol. 6, p. 355.

(8) Where soldier continues absent beyond original furlough, by rea-
son of orders from his captain, who was present also on furlough, can
only be considered in line of duty while he was engaged in the perform-
ance of the duty specially directed by his captain, and any injury or
disease contracted otherwise is fatal to his right to i^ension.

Hays, John. Schurz, C, Secretary. Feb. 27, 1880. Vol.7, p. 232.

(9) To entitle a person to pension for a disability received while on
furlough, the furlough must have been given for one of the purposes
indicated in section 4700 of the Revised Statutes.

Grillith, Thomas. Xo. 265,036. Kirkwood, S. J., Secretary. Mar. 20, 1882. Vol. 9, p. 142.

(10) While the claimant. Perdue, '' was on furlough at Minerva, Ohio,
on the26th of September, 1864, one Francis M. Wareham, who was on duty
at that place recruiting for the volunteer service, was attacked by cer-
tain persons opposed to the war, and called Perdue to his assistance,
and while assisting Wareham, Perdue received certain injuries." Seld:
*' That the act of Perdue in assisting Wareham was an act of military
duty, and that when a soldier on furlough is called upon to do an act
of military duty and by reason of the performance of such duty receives
injury or contracts disease, the disability resulting therefrom must be
regarded as entitling him to pension in the same mariner as if it had
been contracted in the line of duty in the field."

Perdue, Wm.R. No. 293,403. Teller, H. M., Secretary. Oct. 20, 1882. Vol. 9, p. 418.

(11) The husband of the claimant "left his company, which was
stationed at Paducah, Ky., to go to his home in Illinois, to be pres-
ent at the birth of a child. On his way back he disappeared from a
steamboat at Cairo, 111. The official records of the comp-any set forth
that Barrett (the soldier) was drowned at Cairo, 111., on the 2d of June,
1862 3 that it was supposed that he walked off the boat in the ni^ht.

276 PENSION LAWS, DECISIONS, &C.

LINE OF DUTY— Continued.

^' It is alleged that the soldier had a furlough for the purpose of visit-
ing his home.

"The question whether he was on furlough or not is not material in
the consideration of the claim of his widow for pension. It is acknowl-
edged that his absence from his company and regiment had no^ refer-
ence to the performance of any military duty. If he was absent on fur-
lough he was out of the line of military duty, for the time being, bj^ per-
mission. If he was absent without permission he was absent in viola-
tion of law, and, therefore, not in the line of duty.

*' Under all the laws relating to pension it has been held that a sol-
dier absent from the organization to which he belongs, for any i)urpose
not growing out of or connected with the public service, is not in the
line of duty.

" Section 4700 of the Eevised Statutes provides that ^ officers absent
on sick leave, and enlisted men absent on sick furlough, or on veteran
furlough with the organization to which they belong, shall be regarded
in the administration of the pension laws in the same manner as if they
were in field or hospital.'

<* The law having directed that persons on furlough under certain cir-
cumstances shall, in the determination of all questions pertaining to
th0 administration of the pension laws, be regarded as if they were in
the field or hospital, it must be understood that under all other circum-
stances they shall not be so regarded."

Eejection of the claim affirmed.

Barrett, Lucinda. No. 17,031. Teller, H. M., Secretary. Jan. 2, 1883. Vol. 11, p. 121.

15. IMPRISONMENT BECAUSE OF VIOLATION OF MILITARY LAW
AND ARMY REGULATIONS.

DECISIONS OF THE SECRETARY OI* THE INTERIOR.

(1) Where soldier's disability was contracted while confined in a mili-
tary lirison on a charge of desertion : Reld^ that he was not in line of
duty, aS the imi^risonment was in consequence of his violation of the
law.

Keed, Joseph (minors of). App. No. 222,169. Chaudler, Z., Secretary. Jan. 6, 1877. Vol. 4, p.
. 488.

' (2) Soldier not in, if accidentally killed while undergoing sentence
of court-martial. His widow not entitled.

Davis, Kachel A, No. 227,369. Schurz, C, Secretary. Mar. 15, 1877. Vol. 5, p. 59.

(3) Where claimant was placed under arrest and subsequently im-
prisoned for absence, without proper authority, beyond the period of
furlough : HeW^ that disease incurred during the period of imprisonment
was not contracted in line of duty.

Linenger, Peter A. App. No. 80,650. Schurz, C, Secretary. Oct. 21, 1878. Vol. 6, p. 146.

PENSION LAWS, DECISIONS, &a 277

LINE OF DUTY— Continued.

(4) A soldier is not in line of duty, as construed in the administration
of the pension law, when absent from his company under sentence of a
provost court.

Kearns, Michael. App. No. 173,284. Schurz, C, Secretary. Dec. 5, 1879. "Vol. 7, p. 100.

(5) A soldier who dies of disease contracted " while undergoing im-
prisoument in consequence of having violated military law," cannot be
regarded as having died of a disease contracted in the line of duty, and
his widow is not entitled to pension.

Barber, Sarah J". No. 213,778. Teller, H. M., Secretary. Sept. 29, 1882. Vol. 9, p. 393.

(G) When a soldier dies of disease contracted while undergoing im-
prisonment by sentence of court-martial, his widow is not entitled to
pension on account of his death, for the reason that its cause did not
originate in the line of duty.

It was claimed that the soldier was confined in a damp and unhealthy
cell, and that his fatal disease was caused by carelessness or neglect of
the ofiBcers in charge, and consequently that the Government is respon-
sible for his death, and therefore that his widow is entitled to pension.

The decision on that point is as follows, viz :

" Whether the statement be true that the soldier suffered any unusual
hardship while in prison, through neglect or carelessness on the part
of any officer of the Government, and whether any responsibility for
his death properly attaches to the Government on that account, are
questions which have not any bearing upon the right of a widow to pen-
sion. The pension law does not provide her a means of obtaining com-
pensation in the nature of damages growing out of this alleged account-
ability of the Government for the death of the soldier."

Hull, Elizabeth. No. 88,785. Teller, H. M., Secretary. Feb. 19, 1883. Vo4. 10, p. 103.

(7) "The evidence in the case show:s that claimant, prior to and at the
date he was accidentally wounded, was in arrest for a grave breach of
military discipline in the face of the enemy at the battle of Cold Harbor,
Va., and that, while under arrest, he was accidentally wounded in the
arm j that after receiving said wound ho was tried by a court-martial,
and was sentenced to be dishonorably dismissed from the service, and
was dismissed July 25, 1864.

"After careful consideration of the papers in the case, the Depart-
ment affirms the action of your office for the reason that it is not proved
that appellant was in the line of duty when he received the pistol-shot
wound in his arm."

Fellows, Albert G. No. 278,787. Joslyn, M. L., Acting Secretary. Ang. 7, 1884. Vol. 11, p.
329.

16. INFANTRY SOLDIERS ACCIDENTALLY WOUNDED BY RE-
VOLVER IN THEIR POSSESSION.

DECISIONS OF THE SECRETARY OF THE ULTERIOR.

(1) Infantry soldier not in line of duty if Injured by accidental dis-
charge of revolver in his possession.

Davis, Alex. H. App. No. 180,085. Delano, C, Seoietary. Apr. 2J, 1871. Vol. 3, p. 177.

278 PENSION LAWS, DECISIONS, &C.

LINE OF DUTY— Continued.

(2) Infantry soldier not in line of duty, when wounded by tbe acci-
dental discharge of his own pistol, as the pistol is not a part of the arms
of an infantryman.

Compton, Daniel. App. No. 186,723. Schnrz, C. Secretary. Apr. 5, 1877. Yol. 5, p. 73.

(3) The claimant, an infantry soldier, with other recruits, arrived
about April 16, 1862, at the camp of the regiment for which they were
recruited, which was near Lee's Mills, Virginia. It was expected that
the Army would soon advance. The recruits were without arms.

The soldier, "while cleaning a revolver, which was his own private
property and the only weapon he then had, accidentally discharged it,
wounding himself in the left thigh." At the. time he received the in-
jury " he was not acting under any order, neither was he acting in viola-
tion of any order. He was in the place of duty. The act upon which
he was engaged had a probable connection with his duty as a soldier.
In the absence of evidence to the contrary, it must be presumed that he
exercised ordinary care." Eeld^ that the soldier was in the line of
duty.

Ziimerson, WlUiam T. No. 58,437. Teller, H. M., Secretary. Jaue 20, 1882. Vol. 9, p. 277.
RTTLrNTG OF THE COMMISSIONER OF PENSIONS.

EULING No. 75. June 22, 1882.
In compliance with instructions of the honorable Secretary, in case of
William T. Kinnerson, No. 58,437, it is held that unless it appear that
there were specific orders against carrying pistols, the soldier's right to
pension shall not be prejudiced for accidental wounds received there-
from, provided the soldier was otherwise in the line of duty.

17. PERSONAL ALTERCATIONS AND PERSONAL QUARRELS.
RITLINGS OF THE COMMISSIONER OF PENSIONS.

EuLiNa No. 81. March 27, 1885.
Soldiers injured or disabled in personal altercations and personal
quarrels cannot be considered as having been in line of duty, and no
pension, therefore, will be allowed for such injuries or disabilities. It is
held that such soldiers were no more in line of duty than if engaged in
a duel.

Smith, DaTld. App. No. 182,216.

KULING No. 127. August 7, 1885.
Where an applicant for pension alleged as the basis for his claim an
injury to his right foot received in a friendly scuffle with a bunkmate,
now deceased, said allegation being corroborated by the testimony of
two sergeants of his company, one of whom claims to have been present
when the injury was received : Held^ that the case is covered by ruling
No. 81, in the case of David Smith, app. No. 182,216, dated March 27,
1885, under this title.

Stanley, Joseph W. App. No. 468,694. Order Book, p. 82.

PENSION LAWS, DECISIONS, &C. 279

LINE OF DUTY— Continued.

EULINO No. 133. August 29, 1885.
Where soldier in barracks was assaulted by a comrade and sustained
thereby serious injuries, some or all of which produced epilepsy : Held^
that it is immaterial whether the assault was unprovoked or otherwise,
as, in either event, the injury was not due to service in contemplation
of law. The Government cannot be held responsible for injuries re-
ceived during personal quarrels and altercations, which are in no way
incident to the performance of military duty.

Harrington, E. M. No. 289,577. Order Book, p. 93.

18. SUICIDE.
DECISIONS OF THE SECRETARY OF THE INTERIOR.

(1) Suicide of soldier, unless the result of insanity, confers no title to
pension on his widow.

Spangy, Catberirie. App. No. 101,008. Delano, C, Secretary. Apr. 15, 1873. Vol. 1, p. 339.

(2) Where the claim of a widow is based upon allegation that the
soldier was insane when he committed suicide, while in the service, it
is not sufficient to show that the soldier was insane, but it must be
made to appear that his insanity resulted from causes to which he was
subjected in the line of duty.

Berry, Margaret A., widow of Berry, William M. App. No. 121,394. Schurz, C, Secretary. July
26,1880. Vol. 7, p. 442.

RULING OF THE COMMISSIONER OF PENSIONS.

Ruling No. 112. June 1, 1885.
Where soldier diecl from an overdose of opium self-administered :
Held, that, whether the fatal dose was taken by mistake or during tem-
l)orary insanity, the claim cannot be admitted upon the' theory that, as
opium had been prescribed for the soldier, he might easily contract the
habit of taking it ; that his death was not due to service, and his claim
should be rejected.

Mother of A. F. Caldecote. App. No. 313,109.

19. UNDER SECTION 4694, R. S.

Sec. 4694. No person shall be entitled to a pension by reason of wounds
or injury received or disease contracted in the service of the United
States subsequent to the twenty-seventh day of July, eighteen hundred
and sixty-eight, unless the person who was wounded, or injured, or
contracted the disease was in the line of duty ; and, if in the military
service, was at the time actually in the field, or on the march, or at some
post, fort, or garrison, or en route, by direction of some competent au-
thority, to some post, fort, or garrison ; or, if in the naval service, was
at the time borne on the books of some ship or other vessel of the United
States, at sea or in harbor, actually in commission, or was at some naval

280 PENSION LAWS, DECISIONS, &C.

LINE OF DUTY— Continued.

station, or on hts way, by direction of competent authority, to the
United States, or to some other vessel, or naval station, or hospital.

Sec. 1, Mar. 3, 1873 ; sec. 2, July 27, 1868.

DECISIONS OF THE SECRETARY OE THE INTERIOR.

(1.) Soldier traveling under orders, in any manner, is " on the march"
and in line of duty.

Instructions: Delano, C, Secretary. Jan. 29,1873. Vol, 1, p. 266.

(2.) Where claimant, stationed in Boston, visiting the forts in the har-
bor in the performance of duty, subsequent to the rebellion, contracted
a disease from which he died : Held^ that under the provisions of sec-
tion 4694, Eevised Statutes, the disability was contracted in the line of
duty.

Burnham, Maria G., -widow of Bumham, Arthur H. App. No. 233,379. Schnrz, C, Secretary.
June 13, 1878. Vol. 5, p. 482.

20. WHEN IT MAY BE PRESUMED.

DECISIONS OF THE SECRETARY OF THE INTERIOR.

(1) " Where it is proved that an applicant for pension was sound
when he entered the service and disabled when discharged, a slight
showing of facts is often sufficient to justify the inference that the dis-
ability was contracted in the line of duty, provided it is not opposed by
anything in the evidence or in the nature of the disability itself."

Moyer, Reuben. No. 394,413. Teller, H. M., Secretary. Apr. 19, 1884. Vol. 11, p. 207.

(2) " When the evidence, as in this case, shows that the soldier was
regularly enlisted; was sound and healthy at the time; that he was
subsequently discharged for disability, which disability proof shows has
continued until the present day, it is sufficient to establish the fact,
prima facie^ that he contracted his disease in the service and in the line
of duty, and should be taken as conclusive in the absence of any i)roof
that he was, at the time he contracted the disease, out of the line of
duty.

" The disease in this case is not to be treated like a gunshot wound
that is at once perceptible, and its time of occurrence easilj' fixed, but
as a defect which usually comes on by. slow degrees, and which, at its
inception, may not be certainly known even to the soldier himself."

Whitt^n, Levi C. No. 21,407. (Old War.) Teller, H. M,, Secretary, June 27, 1884. Vol. 11, p.
302.

RUXING OF THE COMMISSIONER OF PENSIONS.

Ruling No. 104. Mmj 19, 1885.

Claim based upon an injury to left ankle and rupture of left side caused

by a fall from a horse. Record shows claimant admitted to hospital

twelve days after enlistment with ** sprain of left ankle." He never i*e-

joined his command. No evidence of any regimental or company ofifi-

PENSION LAWS, DECISIONS, &C. 281

LINE OF DUTY— Continued.

cer or comrade as to the circumstances under which alleged injury was
received on file: Held., that "line of duty" cannot be presumed upon
claimant's statements, uncorroborated by other testimony, and case
should be rejected.

Troman, Charles. App. No. 385,972.

ORDER OF THE COMMISSIONER OF PENSIONS.

Order No. 107. January 10, 1885.
In cases for pensions where disability or death is claimed to be due
to a disease reasonably chargeable to the service, if it does not appear
that the soldier or sailor was absent when the same was incurred, and
there is no evidence adverse to its origin, line of duty will be presumed,
provided the existence of the disease is satisfactorily shown in the serv-
ice, as alleged.

LOYALTY.

See Disloyalty.

MAEINE CORPS.

See Nayy.

MARRIAGE.

Act of August 7, 1882.

'' Sec. 2. That marriages, except such as are mentioned in Section
forty seven hundred and five of the Kevised Statutes shall be proven in
pension cases to be legal marriages according to the law of the place
where the parties resided at the time of marriage or at the time when
the right to pension accrued.

* # * # # • # #

DECISIONS OF THE SECRETARY OF THE INTERIOR.

1. Of soldier after his enlistment does not deprive his widow of pen-
sion in any case.

Bntler, Sarah. Ctf. Xo. 136,817. Delano, C, Secretary. Sept. 19, 1874. Vol. 3, p. 313.
[Note. — This decision \ras made in the case of a colored -widow claimant.]

2. Illegal, to soldier cannot be legalized by an act of the legislature
passed after his death.

Herron, Emily. App. Xo. 181,797. Delano, C, Secretary. Sept. 27, 1875. Vol. 4, p. 126.

3. Cohabitation and public acknowledgment as husband and wile
constitute legal marriage in Pennsylvania.

Griffin, Martha J. Chandler, Z., Secretary. Nov. 19, 1875. Vol. 4, p. 149. (Vide Wilber,
Amanda. No. 205,756. Schurz, C, Secretary. June 15, 1878. Vol. 5, p. 489.)

282 PEXSI02S' LAWS, DECISIONS, &C.

MARRIAGE— Continued.

4. Validity of, asserted by widow upon oath in suit for divorce on the
gioimd of husband's conviction- of felony, estops her denial of the legal-
ity in a claim for pension on account of death of soldier to whom she
was married previously.

Howe, William (minors). App. No. 222,385. Chandler, Z.. Secretary. Dec. 11, 187i3. Vol. 4,
p. 164.

5. The provisions of section 4705, Revised Statutes, are construed to
include a class of persons whose condition during and prior to the re-
bellion was such that no legal marriage could be had, but do not in-
clude the case of parties who are not shown to have lived together as
man and wife for more than six years subsequent to the rebellion.

Monroe, Elizabeth, alias Green, Elizabeth, alias Ward, Elizabeth, widow of Monroe, Joseph.
App. Ko. 220,563. Chandler, Z., Secretary. Jan. 15, 1876. Vol. 4, p. 179. Subsequent de.
cisiou in same case, as follows :

Marriages which arc valid at common law and not solemnized in accordance with the statutes
will be sustained as valid, unless they are positively declared void by the .statutes. Chand-
ler, Z.. Secretary. Apr. 24, 1876. Vol. 4, p. 284.

6. Validity of, not affected by non-compliance with the laws of the
State as regards to license, publication, &c.

Griswold, Emily. App. No. 1.59,631. Gorham, Chas. F., Acting Secretary. Oct. 26, 1876. Vol.
4, p. 434.

7. The claimanf and the soldier were legally married November 19,
1846, iu the State of Illinois, and she obtained a decree of divorce from
him in the courts of that State Ai)ril 10, 1867. Before the decree was
obtained they jointly deeded the homestead to a third party, who, in turn,
the day after the divorce was obtained, deeded the same to the claimant.
This was done by stipulation to secure the homestead to her in her own
right. It was also stipulated that the soldier was to occupy the said
homestead with the applicant and their children so long as he lived j hv
" was to eat at the same table, assist in the sui)port of the family, and
the family to do his washing; this agreement was faithfully carried
out on the part of botlr parties, and said Van Horn (the soldier) con-
tinued to live in said home until the day of his death, died at the home,
and was buried from the house." It also appeared that tliey- were vvc-
ognized by their Iriends, neighbors, and acquaintances as husband
and wife, but the soldier had a room, in which he slept, away from the
homestead.

On this state of facts the action of rejecting the claim upon the ground
that applicant was not the widow of the soldier was affirmed on appeal,
when it was held that the facts as shown in the evidence did not con-
stitute a marriage at common law.

Van Horn, Mary, No. 251,369. Teller, H. M., Secretary. June 14, 1882. Vol. 9, p. 252.

8. The husband of the claimant and father of the soldier died in 1840.
la 1850 she intermarried with one William IV^cAUister. In 1858 thoy
separated by mutual consent, without any legal proceeeings to annul
the marriage, and in April, 1860, a marriage ceremony was performed

PENSION LAWS, DECISIONS, &C. * 283

MARRIAGE— Continued.

between the clairaaut and one Patch, with whom she lived until about
1870, when he abandoned her. McAllister in the mean time had died
in 1868.

It was decided, on appeal, that the continued cohabitation of the
claimant with Patch after the death of McAllister did not constitute a.
lawful marriage under the laws of the State of Vermont ; that her mar-
riage to Patch was absolutely void, and their cohabitation having been
unlawful and illicit from the beginning and during the life-time of Mr.
McAllister, its character was not changed by its continuance after his
death, and did not warrant the presumption of marriage between the
parties.

McAllister, Eliza, Ct,. No. 202,224. Teller H. M., Secretary. Apr. 22, 1884. Vol. 11, p. 209.
RUIilNGS OF THE COMMISSIO]^ER OF PENSIONS.

KULINO No. 40. Mmj 7, 1878.
Certified copies of records of marriages and births, and of the dates
thereof, will not be accepted as evidence of the facts, unless the dates
when such records were made are also stated in the certificates.

Ruling No. 85. April 7, 1885.

Claimant (widow) was married to the soldier in the State of Oregon,
December 6, 1877. Prior to that time, to wit, December 6, 1869, the sol-
dier was divorced from a former wife in the State of Kew York. That
divorce freed each party from the bonds of matrimony, bnt the decree
provided, under the statute of Kew York, that '* it shall not be lawful
for the said defendant to marry again until the said complainant is act-
ually dead." The soldier was the defendant. The question is, whether
under that prohibition in the statute and in the decree the marriage
in Oregon was legal : Heldy that penal statutes are by construction re-
stricted to what is done in the territorial limits and jurisdiction of
the country enacting them, and of this sort are prohibitions to the
' guilty party to marry after divorce. However general their terms, they
are by interpretation applied only to domestic divorces, and not to those
rendered in other states and countries (IP Bishop on Marriage and Di-
vorce, sec. 702, and cases therein cited.) * * * '« a prohibition to
the guilty party in divorce to contract a second marriage is without
effect outside of the territorial limits of the prohibiting state (Ibid., sec.
701, citing a large number of cases.)

" And it is held in New York, in spite of this statute, that if a person
there divorced goes into another State and marries the marriage is good
in New York " {Ibid., sec. 703, and cases cited).

Claimant's marriage to soldier was good, and she is his legal widow.

Widow of R.H. Fowler. A pp. No. 317,863.

EULiNG No. 155. December 5, 1885.
Soldier died in October, 1874, leaving a claim for invalid pension
pending. He had married in 1869, and subsequently vSeparated from

284 PENSION LAWS, DECISIONS, &C.

MARRIAGE— Continued.

his wife, who, in March, 1874, went through the ceremouy of marriage
with another man, with whom she has lived ever since as his wife. A
minor chikl of the soldier now claims pension in his own right, as well
as the accrued pension due under the invalid claim.

The Commissioner held, 'Hhat when the facts set up in any case bring
it within the operation of the rule deduced by Bishop (I Bishop on
Marriage and Divorce, sec. 505,) as governing the instantaneous arising
of the marriage relation when a legal impediment thereto has been re-
moved, there is no period of widowhood entitling the former wife of the
soldier either to a pension in her own right or to the accrued pension
unpaid in the invalid claim. When, in such case, the soldier left a child
or children entitled, their pension will commence from the date of the
widow's re marriage, which, under the circumstances named, would be
the date of the soldier's death. Such child or children will also be en-
titled to receive any accrued pension which may be allowed under the
invalid claim.

Invalid, No. 166,039. Minors, No. 300,240. Williston Jennison.

See Adulterous Cohabitation, act of August 7, 1882;
Eemarriage; aUo Service Pensions, War of 1812,
pars. 14, 19.

MARRIAGE OF COLORED PERSONS.

Section 4705, Revised Statutes.

The widows-of colored and Indian soldiers and sailors who have died,
or shall hereafter die, by reason of wounds or injuries received, or casu-
alty received, or disease contracted, in the military or naval service of
the United States, and in the line of duty, shall be entitled to receive
the pension provided by law without other evidence of marriage than
satisfactory proof that the parties were joined in marriage by some
ceremony deemed by them obligatory, or habitually recognized each
other as man and wife, and were so recognized by their neighbors, and
lived together as such up to the date of enlistment, when such soldier
or sailor died in the service, or, if otherwise, to date of death ; and the
children born of any marriage so proved shall be deemed and held to be
lawful children of such soldier or sailor, but this section shall not be
applicable to any claims on account of persons who enlist after the third
day of March, one thousand eight hundred and seventy three.

Sec, n, 3 Mar., 1873; sec. U, 14 July, 1864; sec. 14, Juue, 1866; sec. 2, 15 June, 1866; as to
"Indians," sec. 11, 3 Mar., 1873.

DECISIONS OF THE SECRETARY OF THE INTERIOR.

1. A colored soldier died July 1, 1864, and his widow was granted a
pension from the date of his death. But an investigation of the case.

PENSION LAWS, DECISIONS, &C. 285

MARRIAGE OF COLORED PERSONS— Continued.

by a special agent, developed the fact that the soldier, at the time a
slave, cohabited in the State of Virginia, for several years prior to
1857, with one Frances Parker as his wife, and that during that time
they had several children. In 1857, this relationship was broken up
by his being sold and sent out of the State. In 1863, said Frances
commenced to cohabit with one Solomon Saunders as his wife. In
1864, the soldier came to Portsmouth, Va., with his regiment^ when he
found said Frances and claimed her as his wife. Whereupon, she left
Saunders and cohabited, for a time, with the soldier, but soon left him
and, again, took up with Saunders, with whom she has lived ever since,
and to \\'hom she appears to have been regularly married in 1872. On
this state of facts, the name of Frances Parker was dropped from the
pension-rolls, for the reason that she was^not the lawful widow of the
soldier, and the claim of his minor children was rejected for reason that
they were not legitimate.

On appeal, the action of dropping the pensioner's name from the roll
was approved and the action of rejecting the minors' claim was disap-
proved. It was held that the act of the legislature of Virginia, passed
February 22, 1866, made the marriage of Solomon Saunders and Frances
Parker valid and legitimated the children of John Parker and Frances
Parker.

Minors of John Parker, No. 207,709. Kirkwood, S. J., Secretary. Nov. 18, 1881. Vol. 8, p. 480.

2. When, in a pension claim of a widow of a colored soldier, it ap-
peared that she and the soldier, while slaves in the State of Mississippi,
had lived and cohabited together as husband and wife, but had separa-
ted long before his enlistment, and the " cohabitation and recognitiou"
did not continue up to his enlistment, and the conduct of the soldier
was such, after such relation had ceased to exist, as to negative any
presumption that he deemed the alleged ceremony of marriage obliga-
tory : Held^ that the claimant could not be recognized as the widow of
the soldier within the meaning of section 4705 of the Eevised Statutes.

Philis Porterfield, No. 167,515. Kirkwood, S. J., Secretary. Nov. 21, 1881. Vol. 9, p. 1.

MEASLES.

DECISIOIf OF THE SECRETARY OF THE INTERIOR.

If the disease (measles) developed itself within ten days from date of
enlistment, the presumption is strong that it was not contracted in the
service and line of duty. The generally accepted medical fact that the
disease develops itself or makes its appearance in the form of eruptious
in about ten days is accepted.

Johnson, Robert L. App. No. 262,222. Schurz, C, Secretary. Jan. 12, 1880. Vol. 7, p. 160.

MEDICAL CADETS.

iSee Civilians in Service of a Quasi -military Character,
j^ar, 7.

286 PENSION LAWS, DECISIONS, &C.

MEDICAL EVIDENCE.

^ee Evidence, Medical.

MEDICAL EXAMINATIONS.

Sections 4771, 4772, and 4773, Revised Statutes, repealed by section ?>
of act of June 21, 1879, as follows :

" That .sections forty-seven hundred and seventy-one, forty-sevrii
hundred and seventy-two, and forty-seven hundred and seventy-three of
the Eevised Statutes of the United States, providing for biennial oxaiui-
uationsof pensioners, are hereby repealed : Provided, That the Coniuiis-
sioner of Pensions shall have the same power as heretofore to order
special examinations, whenever, in his Judgment, the same may be nec-
essary, and to increase or reduce the pension according to right and
justice ; but in no case shall a i)ension be withdrawn or reduced except
upon notice to the pensioner and a hearing upon sworn testimony, ex-
cept as to the certificate of the examining surgeon."

. Section 4774, Revised Statutes, superseded by section 4 of act of July 25,
1SS2,' as folloics :

Sec. 4. That the Commissioner of Pensions is hereby authorized to
appoint surgeons who, under his control and direction, shall make such
examination of pensioners and claimants for pension or increased pen-
sion as he shall require ; and he shall organize boards of surgeons, to
consist of three members each, at such points in each State as he shall
deem necessary, and all examinations, so far as practicable, shall be
made by the boards, and no examination shall be made by one surgeon
excepting under such circumstances as make it impracticable for a claim-
ant to present himself before a board : Provided, That the Commissioner
may, when in his opinion the exigencies of the service require it, organ-
ize a board of three surgeons, who, under his direction, shall review the
work of any regularly appointed board or surgeon : Provided further^
That all examinations shall be thorough and searching, and the certifi-
cate contain a full description of the jjhysical condition of the claimant
at the time, which shall include all the physical and rational signs and
a statement. of all structural changes.

The fee for each examination, and satisfactory certificate thereof,
shall be two dollars to each member when made by a board, and two
dollars when made by one surgeon : Provided^ That when a claimant is
so disabled as not to be able to present himself to a board of surgeons
for examination, the Commissioner may order a surgeon to make the v\
amination at the claimant's residence ; and the fee for such examination
shall be two dollars, in addition to the payment of the actual traveling
expenses of the surgeon : Provided further, That no fee shall be allowed
or paid to any member of such board of examining surgeons who does

PENSION L^UYS, DECISIONS, &C. 287

MEDICAL EXAMINATIONS— Continued.

not actually participate in such examination and sign the certificate
thereof.

The Commissioner may, when in his judgment the degree of disability
cannot be determined truthfully or satisfactorily excepting by expert
examination, employ an expert, not a regularly appointed surgeon, to
make the examination; and the fee for such examination shall be live
dollars : Provided^ That the fee for an expert examination shall not be
paid to any regularly appointed examining surgeon.

Tbe fee for the examination of claimants who reside out of the United
States shall not exceed ten dollars, which shall be paid, upon the pre-
sentation of satisfactory vouchers, out of the appropriation for the pay-
ment of the examining surgeons, and through the United States con-
sulate nearest to the claimant's place of residence.

Sec. 36, 3 Mar., 1873 ; sec. 8, 4 July, 1864. For original section see addenda. See amendment by
act 3 Mar., 1885.

Amended hy act of March 3, 1885, as folloic's :

*^ And each member of each examining board shall, as now authorized
by law, receive the sum of two dollars for the examination of each ap-
plicant, whenever five or a less number shall be examined on any one
day, and one dollar for the examination of each additional applicant on
such day : Frovided, That if twenty or more apx)licants appear on one
day, no fewer than twenty shall, if practicable, be examined on said
day, and that if fewer examinations be then made, twenty or more having
appeared, then there shall be paid for the first examinations made on
the next examination day the fee of one dollar only until twenty exam-
inations shall have been made."

Section 4776, Revised Statutes.

Examining surgeons duly apj)oiuted by the Commissioner of Pensions,
and such other qualified surgeons as may be employed in the Pension
Office, may be required by him, from time to time, as he deems for the
interest of the Government, to make special examinations of pensioners,
or applicants for i)ension, and such examinations shall have precedence
over previous examinations, whether special or biennial j but when in-
justice is alleged to have been done by an examination so ordered, the
'Commissioner of Pensions may, at his discretion, select a board of three
•duly appointed examining surgeons, who shall meet at a place to be
designated by him. and shall review such cases as may be ordered be-
fore them on appeal from any special examination, and the decision of
such board shall be final on the question so submitted thereto, provided
the Commissioner approve the same. The comi)ensation of each of such
surgeons shall be three dollars, and shall be paid out of any appropria-
tions made for the payment of pensions, in the same manner as the
ordinary fees of appointed surgeons are or may be authorized to be
paid.

Sec. 37, 3 Mar., 1873.

288 PENSION LAWS, DECISIONS, &,C.

MEDICAL EXAMINATIONS— Continued.

Section 4777, Revised Statutes.

The Commissioner of Pensious is empowered to appoint, at his dis-
cretion, civil surgeons to make the periodical examinations of pensioners
which are or may be required by law, and to examine applicants for
pension where he deems an examination by a surgeon appointed by
him necessary ; and the fee for such examinations, and the requisite
certificates thereof, in duplicate, including postage on such as are trans-
mitted to pension agents, shall be two dollars, which shall be paid by
the agent for paying pensions in the district within which the pensioner
or claimant resides, out of any money appropriated for the payment of
pensions, under such regulations as the Commissioner of Pensions may
prescribe.

Sec. 35, 3 Mar., 1873 ; sec. 8, 14 July, 1862 ; see sec. 8, 4 July, 1864.

DECISIONS OF THE SECRETARY OF THE INTERIOR.

1. Medical examinations and re-examinations are within the discre-
tion of the Commissioner of Pensions.

Hannah; David. App. No. 149,338. Delano, C, Secretary. Feb. 6, 1871. Vol. 2, p. 204. (Vide
Swinton, John. Ctf.No.55,951. Delano, C, Secretary. Sept. 16, 1875. Vol. 4, p. 118.)

2. A claimant's refusal to comply with order for his examination by
examining surgeon is sufficient ground for the rejection of his claim.

Casey, William. File No. 8,957. Chandler, Z., Secretary. Apr. 18,1876. Vol. 4, p. 277.

3. The provision of section 8, act of July 4, 1864, for medical exami-
nations by " a board of three duly appointed examining surgeons," had
reference only to pensioners, and not to api^licants for pension; and
when any applicant for pension had been examined, as in this case, by
such board prior to the passage of the act of March 3, 1873, the thirty-
seventh section of which extended such provision to " applicants for
pension," it was held, on appeal, that " the action of the board of ex-
aminers on this claim cannot be recognized as concluding the claim-
ant's right to further action in regard to his claim."

Thomas, George W. No. 142,806. Teller, H.M., Secretary. Mar. 20, 1883. Vol. 10, p. 192.

4. In the administration of the pension laws, all the Government has
a right to require of an applicant for pension is that he shall establish
the claim *^by a preponderance of evidence." * * *

** The practice of submitting the claimant to the examination of a
board of surgeons, one of w^hom has expressed an opinion on the merits
of the claimant's claim and decided he was not entitled to pension, I
consider objectionable. I do not think the claimant should be compelled
to submit to an examination before a board already committed against
his claim, and in all cases where it is desirable to have a second ex-
amination, such examination should be submitted to a board composed
of other and different persons."

Spear, Horace S. No. 223,129. TeUer,H.M., Secretary. Nov. 26, 1883. VoLll,p.80.

PENSION LAWS, DECISIONS, &C. 289

MEDICAL EXAMINATIONS— ContiiDiied.

OKDERS or THE COMMISSIONER OF PENSIONS.

Order No. 6. February 14, 1870.
In the adjustment of invalid claims, where the medical examination
has been made within oue year from date of final action, further ex-
amination will be ordered only when deemed necessary by the Medical
Eeferee.

Order No." 37. January 22, 1876.
, That the office may have the benefit of the opinion of more than one
surgpou or board of surgeons in any claim for increase of pension, the
claimant, when practicable, will be ordered for special examination be-
fore some surgeon or board of surgeons other than the one by whom he
was examined at the last examination.

Order No. 55. May 27, 1880.
No pension claimant will hereafter be examined by the Medical Eeferee,
nor by any surgeon or board in the Pension Office, except upon the
written order of of the Commissioner, deputy commissioner, or chief
clerk.

Order No. 75. February 4, 1882.
When an invalid claimant alleges a specific wound or injury, that
has probably left a well-marked scar, receiv^ed at a given time and place,
and his allegations are supported by the record, but the location of
the injury is not given therein, the examining surgeon shall be ordered
to examine the applicant for the injury, and also for any and all other
physical signs of wounds or iujuries. In cases of disease, the examina-
tion shall be had for the alleged disease and for any other jihysical
signs of disease; and in all cases the examining surgeon shall be
ordered to give a full and specific description of all injuries or physical
signs of disease that are found.

Order No. 80. A^ril 2Q, 1882.
In all cases where report of a medical examination shows no disabil-
ity, and other evidence tends to show that the disability actually exists,
the claimant shall receive another examination by a board of surgeons,
if practicable, or another surgeon, with specific instructions, setting forth
the facts in the case ; and where this examination sbows no disability,
no rating of pension shall be allowed to continue after the date of such
report unless so ordered in writing by the Commissioner or one of the
deputy commissioners.

Order No. 114. May 15, 1885.
Upon the representation to the Commissioner by the -chief of the
Board of Keview and the Medical Eeferee that the operation of order
^o. 80 is such as greatly to delay and embarrass the business of the

7018 PEN X9

290 PENSION LAWS, DECISIONS, &C.

MEDICAL EXAMINATIONS— Continued.

oflice, and it further appearing that all the rights of claimants de-
signed to be secured thereunder can be secured by other lawful methods
which will not interfere with the progress of business in the ofiftce, it is
hereby directed that said order No. 80 be abrogated and held to be of
no effect.

MEDICAL BEFEBEE.

Section 4776, Revised Statutes.

The Secretary of the Interior is authorized to appoint a duly quali-
fied surgeon as medical referee, who, under the control and direction of
the Commissioner of Pensions, shall have charge of the examination
and revision of the reports of examining surgeons and such other
duties touching medical and surgical questions in the Pension Office as
the interests of the service may demandj and his salary shall be two

thousand five hundred dollars per annum.

♦ * * * ♦ « *

Sec. 38, 3 Mar., 1873.

DECISIONS OF THE SECRETARY OP THE INTERIOR.

1. Opinion of, on medical questions should accompany reports on
appeals.

Jnstruetiong : Delano, C, Secretary. Dec. 9, 1872. Vol. 1, pp. 225, 223. (See Appeals, par. 8.)

2. Should pass ui)on claims involving medical questions before final
adjudication.

Godfrey, James F. App. No. 166,720. Delano, C, Secretary. Mar. 13, 1873. Vol. 1, pp. 225, 311.

3. Opinions of, when called for by Department must remain with re-
port on file.

Sanderson, John. W. Ctf. No. 1,959. Delano, C, Secretary. June 3, 1874. Vol.3, p. 225.

4. Opinion of, on purely medical questions, should as a rule be ac-
cepted as decisive, but in no case to be regarded as final. His action
upon questions coming exclusively within the province of his duties are
subject only, like that of other subordinates, to revision by the chief of
the Bureau.

Green, G. W, Ctf. No. 133,052. Chandler, Z., Secretary. Apr. 5, 1876. Vol. 4, p. 259.

See Ruling No. 131, under head of Disability.

MEXICAN WAR.

See Old Wars.

MILITIA, MISSOURI.

See Missouri Militia,

PENSION LAWS, DECISIONS, &C. 291

MILITIA OF BROWN COUNTY, MINNESOTA.

See Sioux Indian Massacre at New Ulm, Minn., in 1862.

MINORS.

Section 4702, Revised Statutes.

If any person embraced within the provisions of section forty -six hun-
dred and ninety-two and forty-six hundred and ninety-three has died
since the fourth day of March, eighteen hundred and sixty-one, or here-
after dies by reason of any wound, injury, or disease, which, under the
conditions and limitations of such sections, would have entitled him to
an invalid pension had he been disabled, his widow, or if there be no
widow, or in case of her death, without payment to her of any part of
the pension hereinafter mentioned, his child or children, under sixteen
years of age, shall be entitled to receive the same pension as the hus-
band or father would have been entitled to had he been totally disabled,
to commence from the death of the husband or father, to continue to
the widow during her widowhood, and to his child or children until
they severally attain the age of sixteen years, and no longer ; and, if
the widow remarry, the child or children shall be entitled from the date
of remarriage.

Sec. 8, 3 Mar., 1873; sec. 2, 14 July, 1862; sec. 11, 14 July, 1862; sec. 4, 3 Mar., 1865; sec. 2, act 3
Mar., 1879.

Amended by act approved August 7, 1882, by adding tlie following :
" Except when such widow has continued to draw the pension money
after her remarriage, in contravention of law, and such child or chil-
dren have resided with and been supiDorted by her, their pension will
commence at the date to which the widow was last paid."

Section 4703, Revised Statutes.

292 PENSION LAWS, DECISIONS, &C.

MINORS— Continued.

be, so charged, it shall be grauted and paid to the guardian of such
child or children : Provided^ further^ That a widow or guardian to whom
increase of pension has been, or shall hereafter be, granted on account
of minor children shall not be deprived thereof by reason of their being
maintained in whole or in part at the expense of a State or the public
in any educational institution, or in any institution organized for the
care of soldiers' orphans.

Sec. 9, 3 Mar., 1873 ; sec. 2, 25 July, 1866 ; sec. 4, 27 July, 1868 ; sec. 5, 27 July, 18G8.

Section 4704, Eevised Statutes.

In the administration of the pension l^ws, children born before the
marriage of their parents, if acknowledged by the father before or after
the marriage, shall be deemed legitimate.

Sec. 10, 3 Mar., 1873.

Section 4706, Revised Statutes.

If any person has died, or shall hereafter die, leaving a widow en-
titled to a pension by reason of his death, and a child or children under
sixteen years of age by such widow, and it shall be duly certified under
seal, by any court having probate jurisdiction, that satisfactory evidence
has been produced before such court, upon due notice to the widow,
that she has abandoned the care of such child or children, or that she is
an unsuitable person, by reason of immoral conduct, to have the cus-
tody of the same, on presentation of satisfactory evidence thereof to tlie
Commissioner of Pensions, no pension shall be allowed to such widow
until such child or children shall have attained the age of sixteen years,
any provisions of law to the contrary notwithstanding, and the said
child or children shall be pensioned in the same manner, and from the
same date, as if no widow had survived such person, and such pension
shall be paid to the guardian of such child or children ; but if in any
case payment of pension shall have been made to the widow, the pen-
sion to the child or children shall commence from the date to which her
pension has been paid.

Sec. 12, 3 Mar., 1873 ; sec. 11, 6 June, 1866 ; sec. 8, 27 July, 18C8.

DECISIONS OV THE SECRETARY OF THE INTERIOR.

1. Legitimacy of, governed by laws of State wherein they were born.

Pinkham, Miss M. J. App. No. 1,426. Browning, O. H., Secretary. June 22, 1867. Ycl.2, p.25.

2. Are pensionable after sixteen years old if application allows prior
commencement.

Hawksley, James H. App. No. 78,861 . Browning, O. H., Secretary. Feb. 4, 1869. Vol. 2. p. 93.

3. If sole heirs, and over sixteen at time of application, are entitled
to arrears only ; if under sixteen, to future pension, but not to arrears.

Thompson, C. O. App. No. 125,804. Cox, J. D., Secretary. May 4, 1869. Vol. 2, p. 105.

293

MINORS— Continued.

4. Ko law excepting oue of the minors left by a soldier.

Hue, Thomas. Ctf. No. 135,275. Cox, J. D., Secretary. Nov. 29, 1869. Vol. 2, p. 143.

5. Have no title to arrears of pension if soldier never applied therefor.

Courser, William. App. Xo. 134,301. Cox, J. D., Secretary. Apr. 15, 1870. Vol. 2, p. 198.

G. If certificate issues and minor dies before payment no one entitled.

James, Mary. Ctf. No. 136,045. Cox, J. D., Secretary. May 19, 1870. Vol. 1, p. 83.

7. No increase due, if widow never applied therefor until after her
remarriage.

Free, Maria. Ctf. Xo. 51,284. Delano, C, Secretary. Oct. 21, 1870. Vol. 1, p. 91.

8. Pension to minors cannot be paid to different guardians.

Sidbold, Joseph, minois of. App. Ko. 171,709. Delano, C.,Secretai-y. Jan. 18, 1872. Vol. l.fp. 141.

9. Pension to, should not be withheld because of overpayment to
widow. .

Both, Louis. App. No. 200,106. Delano, C, Secretary. May 5, 1873. Vol.1, p. 362.

10. Death of, before filing of application, bars guardian's claim for
reimbursement of expenses of last sickness and burial of his wards.

Howard, John H. App. No. 204,016. Delano, C, Secretary. Oct. 9, 1873. Vol. 3, p. 37.

11. Pension to, may be withlield, if guardian so requests, because of
overpayment to widow.

Sachs, Calharme. Ctf. No. 92,789. Delano, C, Secretary. Feb. 28, 1874. VoL3, p. 115.

12. Do not become entitled in their own right until widow remarries,
dies, or abandons them.

O'Brien, Michael. Ctf. No. 143,467. Delano, C, Secretary. Apr. 23, 1875. Vol. 4, p. 15.

13. A widow was pensioned with increase on account of minor chil-
dren. Upon information received by the Pension Office her pension
was suspended upon the ground that by reason of immoral conduct she
was an unfit person to have the care and custody of said children. A
guardian was appointed for the minors, but before his application for
l)ensiou in their behalf was filed the widow was adjudged insane. It was
then discovered that her immoral conduct was the result of insanity.
The pension was thereupon restored to her. Upon appeal it was held^
no guardian having been appointed for the widow, that the entire pen-
sion should be suspended until such appointment should be made, when
said guardian could draw the entire amount of the pension, reserving
the proportion thereof due the widow for her use and benefit, and pay
the balance to the guardian of the minors for their use and benefit.

Beier, Adam. App. No. 216,650. Chandler, Z., Secretary. Dec. 7, 1^75. Vol. 4, p. 156.

14. Cease to be such in the sense contemplated by the pension laws
when they arrive at the age of sixteen years.

May make application for pensiou, without the intervention of aguard-
ian, after they become sixteen years of age.

294 PENSION LAWS, DECISIONS, &C.

MINORS— Continued.

Pension to, will be withheld during the time it was paid to the widow,
although remarried, provided the minor had the benefit of the pension
money.

Nyland, C. E. App. No. 222,226. Chandler, Z., Secretary. Apr. 12, 1876. Vol. 4, p. 269.

15. Section 4702, Revised Statutes is construed by the Department
to relate only to children born in lawful wedlock, while section 4704
presupposes a legal marriage of the parents.

Kose, Iludolpli,.minor8 of. App. No. 239,709. Schurz, C, Secretary. Nov. 11, 1879. Vol. 7, p.
59.

16. When children, under sixteen years, of a deceased soldier, are en-
titled to pension, and one or more of them dies, '' the pension in its en-
tirety survives and will be paid to the survivor.'^

The whole pension " is given to the oftspring of the father (the sol-
dier) as a class. • If there is more than one child, they have a joint estate
(so to speak) in the pension. The statute (sec. 4702) disposes of the
whole. No part of it reverts or falls back to the Government until the
last child arrives at the age of sixteen years or until his death before
reaching that age."

Boone, Alexander, minors of. Ctf. No. 182,930. Opinion of Attorney-General. Apr. 28, 1882. Tel-
ler, H. M., Secretary. May 11, 1882. Vol. 9, pp. 186 and 191.

17. COMMENCEMENT OF PENSIONS TO.

(1) Pension to minors, under section 11, act of June 6, 1866, should
never commence prior to that date.

Conradt, John H. No. 95,810. Browning, O. H., Secretary. Sept. 17, 1867. Vol. 2, p. 38.

(2) Entitled from soldier's death, if widow remarried without drawing
any pension.

Jones, Catherine. No. 95,248. Delano, C, Secretary. Oct. 21, 1870. Vol. 1, p. 91.

Vide case of the minors of C. O. Thompson. Vol. 1, p. 68. Minors over sixteen years of ape, if

sole heirs, are entitled to arrears, but not to future pension. If under sixteen years of age, they

are entitled to fatore pension but not to arrears.

(3) Where widow's application was filed January 20, 18G6, and i)rior to
its allowance, January 25, 1867, she remarried, and on the 10th day of
June, 1867, application was made in behalf of minor: Held^ that allow-
ance of minor's claim to commence from the date of the soldier's death
was proper, and that widow is not entitled to pension between the date
of soldier's death and the date of her remarriage, as the claim was ad-
judicated in accordance with the laws in force at the date of its adjudi-
cation. (See section 2, act of July 14, 1862 j section 4, act of Marcli .'J,
1865; section 6, act of July 25, 1866, and section 10, act of July 27,
1868.)

Watson, Martha, widow of Watson, George. App. No. 128,574. Bell, A., Acting Secretary.
Sept. 10, 1880. VoL 7, p. 486.

(4) The soldier died September 29, 1867, leaving a widow and two
children under sixteen years of age. The widow remarried October

PENSION LAWS, DECISIONS, &C. 295

MINORS— Continued.

29, 1873, and is still liviDg, and lias never applied for pension. Pen-
sion to the minors was granted from the date of their mother's remar-
riage. ^

It being claimed, on appeal, that, inasmuch as the widow failed to
claim " the i)ension which she might have had for the period between
the date of the soldier's death and that of her remarriage, the children
are entitled for the period named," it was decided that '•' the children's
right accrued only when that of the widow terminated, viz, at the date
of her remarriage ) and they make no claim based on any right which
she may have had."

Shumard, George G. H., minors of. Ctf. No. 197,637. Teller, H. M., Secretary. Mar. 9, 1883.
Vol. 10, p. 157.

(5) 1 . When a widow and a child under sixteen years of age survive
the soldier, and the widow dies after the child has reached the age of
sixteen without having remarried, and without having been paid any
part of the pension, the child is entitled to pension from the date of
the soldier's death until he becomes sixteen years old.

2. When a widow remarries and then dies, without having received
a pension, leaving a child hj the soldier under sixteen years of age at
the date of her death, the pension to the child will commence from the
soldier's death.

3. Where a widow and a child under sixteen years of age survive the
soldier, and the widow remarries after the child has reached that age,
and then dies without having been paid any part of the pension, the
child is entitled from the soldier's death until he arrives at the age of
sixteen yearn.

Instructions : H. M. Teller, Secretary. Mar. 3, 1885. VoL 11, p. 442.

18. MINORS' RIGHT OR TITLE TO PENSION.

(1) Soldier died June 18, 1864, leaving a widow and one child under
tlie age of sixteen years at that time. The widow remarried January
17, 1876, at which time the minor child was over sixteen years of age,
and died January 24, 1877, without ever having made application for
pension.

The minor's claim was rejected *'on the ground that the claimant was
over sixteen years of age before the remarriage and death of the widow.
No right having accrued until the child was over sixteen years of age,
by reason of the intervention of the right of the widow, and the child
having lost her right, it cannot avail her after the remarriage or death
of the widow."

In liis decision affirming this action the honorable Secretary uses the
following language, viz :

^'lu support of the appeal my attention is invited to section 4709
(last clause) of the Revised Statutes, and to decisions rendered in the

296 PENSION LAWS, DECISIONS, &C.

MINORS— Continued.

claims of 0. O. Thompson aud Catharine Jones, dated, respectively, May
4, 1869, and October 21, 1870.

" In regard to the section of law referred to, and^the opinion in the
claim of 0. O. Thompson, I would say that they have no applicability
to the ca&e now under consideration. There is no question of limitation
here involved.

"The decision in the case of Catharine Jones was proper at the time
it was made, and if the law had remained unchanged would govern in
the settlement of the claim of Mrs. Miller.

'*The law, however, as it stood at the date of that decision, was es-
sentially modified by the act of March 3, 1873. The law giving title to
minor children is now comprised in section 4702, lievised Statutes, the
last clause of which reads as follows : * If the widow remarry, the child
or children shall be entitled from the date of remarriage.'

" Under that section the appellant has no title to pension for any
period preceding January 1 7, 1876, the date of the mother's remarriage.
But as she was at that date over sixteen years of age, it is evident that
there is no period of time for which she is entitled to pension."

Poole, James N., minor of. No. 308,886. Teller, H. M., Secretary. May 24, 1884. Vol. 11, p.
268.

(2) Soldier enlisted October 4, 1861, a^d was discharged December
21, 1863. He made no claim to pension during his lifetime, and died
April 29, 1864. The widow's claim was filed June 17, 1870, and allowed
at $8 per month commencing December 1, 1.^70, the date of tiling the
last piece of evidence essential to the comijletion of the claim, with an
increase of $2 per month for each of five children under sixteen years
of age at the date of the soldier's death. This pension was paid the
widow up to and including September 3, 1879. She applied for arrears
under the acts of January 25 and March 3, 1879, but died October 12,
1879, before receiving any payment thereof.

The claim for pension of the oldest minor child filed September 12,
1883, was rejected on the ground that she had no title for the reason
that she had attained the age of sixteen years prior to the death of her
mother, the widow of the soldier.

In the decision affirming the action of rejection, the following language
is used, viz :

''The condition here prescribed (in section 4702, R. S.) under which
a minor may acquire title to pension from the date of the soldier's death
are two : (1) If there is no widow ; (2) If there is a widow, then in case
of her death icithout payment to her of any part of the pension.

"Neither of these conditions are found in the case of Mrs. Selbe.
There was a widow ; she did not die without payment to her of a part
of the pension due her. It is dear, I think, that under these circum-
stances the minor has no title in the law to ])ension for any period an-
tecedent to the death of the widow, and she is certainly not entitled for

PENSION LAWS, DECISIONS, &C. 297

MINORS— Continued.

any period after that event, as she had then attained the age of sixteen,
at which i^ension, if allowed, must terminate. For the same reason
she is not entitled, under section 4718, to the accrued pension of the
widow."

Selbe, Mary E,, minor of Lewis Smalley. "No. 308,794. Teller, H. M., Secretary. June 4, 1884,
Vol. 11, p. 279.

19. OF COLORED SOLDIERS.

See {Section 4705, Ee vised Statutes, under head op Mar-
riage OF Colored Persons.

DECISION of the SECRETARY OF THE INTERIOR.

Minors of colored soldiers are entitled to pension, although the mother
died prior to soldiers^ enlistment.

Minors of Samuel statesman. App. Xo. 206,001. Delano, C, Secretary. Feb. 17, 1875. Vol.t,
p. 462.

RULINGS OF THE COMMISSIONER OF PENSIONS.

EULING No. 41. October 2, 1866.

The additional pension to widow, on account of minor children, shall
terminate to each minor the day preceding its sixteenth birthday.

EuLiNG Ko. 42. October 2, 1866.
Pension to minors should, when the mother's claim has been allowed,
begin on the day after the death or remarriage of the mother, and ter-
minate to each minor on the day preceding its sixteenth birthday.

EuLiNG No. 43. December 7, 1870.
Where the widow has drawn pension on a certificate issued subse-
quent to her remarriage, the minor's pension cannot commence at a date
prior to that of her remarriage.

EuLiNG No. 44. December 20, 1871.

Positive evidence of age of minors is indispensable to allowance of
claim for pension in behalf of said minors.

EULiNG No. 50. August 31, 1881.

The total rate of original pension provided by law for minor brothers
and sisters, and for minor children, shall, like the pension i)rovided for
widows, dependent mothers or fathers, be treated as an entirety ; and
when two or more minor children or brothers and sisters are entitled,
and one or more dies, the pension in its entirety survives and will be
paid to the survivors. This rule applies to accrued as well as current
pension.

The increase of $2 per month, under act of July 25, 1866, is given in
severalty, and does not survive the beneficiary, but accrued pension of
this class may be used to pay the expenses of last sickness, &c., of ben-
eficiary, under section 4718, Eevised Statutes United States.

298 PENSION LAWS, DECISIONS, &C.

MINORS — Continued.

Ruling No. 69. November 17, 1881.

The Commissioner's ruling of August 31, 1881, tliat the pension of
minors entitled jointly shall be treated as an entirety, relates simply
to the allowance, not to the payment, of the pension.

The names and rights of all the beneficiaries are to be embodied in a
single certificate (or a duplicate thereof, as heretofore in certain cases),
but, when important and practicable, the pension agent may, in accord-
ance with existing practice, be instructed to pay the quotas due the
several minors on separate vouchers, or to withhold from any of them
their portion, and pay the others.

ORDER OF THE COMMISSIONER OP PENSIONS.

Order No. 30. September 30, 1874.

When two or more minor children of a deceased soldier are entitled
to a pension, a duly executed application by, or in behalf of, any one of
them will be accepted as, pro forma, a claim for the entire pension, the
same as if all the minors had united in the applicatibn, and the rights
of all may be adjudicated without other formal declaration.

It will not hereafter be incumbent upon the adjudicating division to
inquire as to the jurisdiction of the court issuing letters of guardian-
ship, as to sufficiency of bonds, &c., or as to whether there has been a
change of guardian since the filing of the claim ; but the title of the
claimants having been established, the pension certificate will issue,
and the pension agent be held, through the certificate and account di-
vision, tx) a strict accountability for the proper payment of the pension,
in accordance with special instructions from this office.

MISSOURI HOME GUARDS.

At the outbreak of the late rebellion there was in force the following
provision of the act of April 24, 1816 :

Sec. 3 Andhe it farther etmcied, That all laws aiul regulations, relating to the admis-
sion of the officers and soldiers of the regular Array to be placed on the pension roll
of the United States, shall, and they are hereby declared to, relate to the officers and
soldiejrs of the militia, whilst in the service of the United States.

The act of July 22, 18G1, authorized the President to accept volunteers,
not exceeding 500,000, and section 6 provided :

That any volunteer who may be received into the service of the United States under
this act, and who may be wounded or otherwise disabled in service, shall be entitled
to tlie benefits which have been or may be conferred on persons disabled in the regu-
lar service, and the widow, if there be one, and if not, the legal heirs of such as die,
or may be killed in service, in addition to all .irreai's of j)ay and allowances, sli'\ll re-
ceive the sum of one hundred dollars.

Early in 18G2 the attention of Congress was called to the fact that
certain iiregular forces known as Home Guards, not organized as militia
or accepted into service by the President under the act of July 22, 1861,

I^K PENSION LAWS, DECISIONS, &C. 299

MISSOURI HOME GUARDS— Continued,

had been performiug military sen ice in the State of Missouri, during
the summer and fall of 18G1, in behalf of the General Government, but
without pay either from the State or the United States; and the follow-
ing act was passed :

ACT to secure to the officers and men actually employed in the Western Department, or Depart-
ment of Missonri, their pay, bounty, and pension.

Be it enacted by the Senate and House of Representatives of the United States of America
in Congress assembled, That the Secretary of War he, and he is hereby, authorized
and required to allow and pay to the officers, non-commissioned officers, musicians,
and privates, who have been heretofore actually employed in the military service of
the United States, whether mustered into actual service or not, where their services
were accepted and actually employed by the generals who have been in command of
the Department of the West, or the Department of the Missouri, the pay and bounty
as in cases of regular enlistment.

Sec. 2. And be it further enacted, That the officers, non-commissioned officers, musi-
cians and privates so employed, who may have been wounded or incapacitated for
service, shall be entitled to and receive the pension allowed for such disability:
Provided, That the length and character of their enlistment and service be such as to
entitle them, under existing laws, to such pension.

Sec. 3. And be it further enacted, That the heirs of those killed in battle, or of those
who may have died from wounds received while so in service, shall be entitled to
receive the bounty and pay to which they would have been entitled had they been
regularly mustered into service : Provided, That the bounty and pay referred to in
this act shall not be payable unless their term of enlistment and service be of such
duration as to entitle them to receive the same, according to existing laws.

Approved March 25, 1862.

On July 14, 1862, there was enacted a law of more general applica-
tion, which provided for pensions to "any officer, non-commissioned
officer, musician or private of the Army, including regulars, volunteers
and militia, or, " (certain officers and men employed in the Navy or
marine Corps) "who have been since the fourth day of March, eighteen
hundred and sixty-one, or shall hereafter be, disabled," &c., and to
their widows, minors and other dependent relatives. No other classes
of persons w^ere made pensionable until the act of July 4, 1864, section
9 of which provided:

That those persons, not enlisted soldiers in the Army, who volunteered for the tira*
being to serve with any regularly organized military or naval force of the Ubited
States, or where persons otherwise volunteered and rendered service in any engage-
ment with rebels or Indians since the fourth day of March, eighteen hundred and
sixty-one, shall, if they have been disabled in consequence of wounds received in
battle in such temporary service, be entitled to the same benefits of the pension laws
as those who have been regularly mustered into the United States service ; and the
widows or other dependents of any ^uch persons as may have been killed in the tem-
porary service aforesaid shall be entitled to pensions in the same manner as they
would have been had such persons been regularly mustered : Provided, That no claim
uuder this section shall be valid unless presented and prosecuted to a successful issue
within three years from and after the passage of this act.

300 PENSION LAWS, DECISIONS, &C.

MISSOURI HOME GUARDS— Continued.

By section 4693 of the Revised Statutes, persons entitled to the ben-
efits of section 4692 (whicli grants invalid pension for disabilities incur-
red since March 4, 1861.) are declared to be:

First. Any oflBcer of the Army, including regulars, volunteers, and militia, or any
officer in the Navy or Marine Corps, or any enlisted man, however employed, in the
military or naval service of the United States, or -in its Marine Corps, whether regu-
larly mustered or not. # * • # #

The second paragraph of this section specifies certain officers and
men who served on United States gunboats and war vessels, and the
third re-enacts, substantially, section 9 of the act of July 4, 1864, ex-
tending its provisions to persons serving for the time being as members
of the militia of any State, under orders of an officer of the United
States, and fixing July 4, 1874, as the date of limitation.

Section 4722 extends the provisions of the title to the Missouri State
Militia and the Provisional Missouri Militia.

lu the settlement of Missouri Home Guard pension claims under the
laws above recited three questions have arisen :

(I) Whether they are to be adjudicated under the laws in force
March 25, 1862; (2) Whether they are governed by the third paragrai)ii
of section 4693, and subject to*the limitation therein provided ; or (-3)
Whether, inasmuch as the said organizations were recognized by the
act of March 25, 1862, as having been actually employed in the military
service of the United States, they should be treated as on the same foot
ing with claims of regularly enlisted volunteers with reference to subse-
quent legislation.

Adjudication of these claims under laws in force March 25, 1862, would
differ in some material respects from action under subsequent legisla-
tion. The first inquiry above suggested is therefore imi)Ortant.

Section 3 of the act of July 25, 1866, extended the provisions of tiie
act of July 14, 1862, and of the supplementary and amendatory acts,
to "pensioners under previous laws,'* except revoluHonary pensioners.
Section 13 of the act of July 27, 1868, so construes this section *^as to
l)lace all pensioners whose right thereto accrued subsequently to the
war of the Revolution, and prior to the fourth day of March, eighteen
hundred and sixty-one, on the same footing, as to rate of pension, from
and after the passage of said act, as those who have been pensioned
under acts passed since said fourth day of March, eighteen hundred
and sixty- one."

This construction must be taken to limit the prior statute, lor in the
act of March 3, 1873, which purported " to revise, consolidate, and amend
the laws relating to pensions," the corresponding provision was as fol-
lows :

Sec. 18. That the provisions of this aot in respect to the rates of pension are hereby
extended to pensioners whose right to pension accrued under general acts passed
•inc© the war of the Revolution and prior to the fourth of March, eighteen hundred

PENSION LAWS, DECISIONS; A^C. 301

MISSOURI HOME GUARDS— Continued.

and sixty-one, to take effect from and after the twenty-fifth day of Jnly, eighteen
hundred and sixty-six; and that the widows of revolutionary soldiers and sailors re-
iving a less snni shall be paid at the rate of eight dollars per month from and after
he twenty-seventh day of July, eighteen hundred and sixty-eight.

This section has been substantially re-enacted as section 4712, Revised
Statutes. It thus appears that unless Missouri Home Guard claims
came within the act of J11I3' 14^ 1S62, or the ninth section of the act of
July 4, 1864, and so under section 4693, Revised Statutes, they have
never been taken out from under ante-rebellion laws. But the act of
July 14, 1862, and its supplementary and amendatory acts, purport to
provide for all cases in which pensionable disability has been incurred
since the 4th of March 1861, and nmst be taken to supersede the act
of March 25, 1862, so far as respects title to pension. The claims in
(juestiou must therefore be adjudicated under either the first or the third
paragraph of section 4693, Revised Statutes.

The circumstances under ichich the Missouri Home Guards tcere organ-
ized and perforyned service are shown by the following memoranda furnished
hi] the Adjutant- General J United States Army:

To anticipate combinations and measures of hostility against the General Govern-
ment, Capt. Nathaniel Lyon, commanding Department* of the West, was granted the
following authority:

War Department, April 30, 1861.
('apt. NATnAXiEL Lyon,

Commanding Dfparimmt of the West:
Sir: The President of the United States directs that you will enroll in the military
s<>rvice of the United States the loyal citizens of Saint Louis and vicinity, not exceed-
ing, with those heretofore enlisted, ten thousand in number, for the purpose of main-
taining the authority of the United States. " * * The additional force hereby
authorized shall be discharged, in part or in whole, if enlistid, as soon as it appears
to you and the gentlemen above named that there is no danger of an attempt on
the part of tLe enemies of the Government to take military possession of the city of
Saint Louis, or put the cityin j;he control of a combination against the Government of
the United States, and whilst such additional force remains in the service the same
s])all be governed by the rules and articles of war, and such special regnlati<ms as you
may prescribe. I shall like the force heretofore directed to be enrolled to be under
your command. The arms and other military stores in the Saint Lonis Arsenal not
needed for the forces of the United States in Missouri must be removed to Springtield,
or some other safe place of deposit in the State of Illinois, as speedily as practicable,
by the ordinance officer in charge at Saint Louis.
I am sir, &c.,

L. THOMAS,

Adjutan t-Genera I.
This authorization is '-^idorsed as follows:
"It is revolutionary times, and therefore X do not object to the irregularity of this.

"W. S.
'Approved April 30, 1861.

♦'A. LINCOLN.
" Colonel Thomas will make the order.

"SIMON CAMERON.

^^ Secretary of Waf,"

302 PENSION LAWS, DECISIONS, &C.

MISSOURI HOME GUARDS— Continued.

General Lyon succeeded to the command of the Department of tbe
West on May 31, 1861, and to meet the emergencies of the hour was

authorized as follows :

''War Department, June 11, 1861.
"General Lyon:

** You are authorized to enlist in the service of the United States such loyal citizens
of the State of Missouri as you think i^roper, who shall not receive pay excejit when
called into active service by this Department. Five thousand addilional stand of
arms have been ordered to he forwarded to you, for distribution among them.

''SIMON CA: EEON,

^^ Secretary of War^

The bulk of the home guards was raised under this authorization. The force was

kept up from one to six months, and in a few instances for a longer period.

« 4f # # * t* «

June 12, 1861. The Governor of the State (Jackson) issued his proclamation call-
ing for 50,000 Missourians to war upon the United States. Prior to this date, the
militia of the State could not be called out, owing to the position taken by the State
authorities. Subsequent to it, measures were taken to inaugurate a State govern-
ment loyal to the United States. The convention of August, 1861, called Hon. H. R.
Gamble to the gubernatorial chair, the duties of which he assumed, and on August
24, 1861, issued his proclamation for 42,000 six months' militia.

The number of volunteers in Missouri, and the proclamation referred to, appearing
to have rendered the further retention of the home guards unnecessary, applications
on the part of some of the organizations were made for muster out and payment.

In reply. General Fremont, who succeeded Lyon, decided, under date of September
7, 1861 :

"The questiou of pay must be referred to the War Department; the General com-
manding does not intend to make any decision in the case, it never having been his
intention to order the payment of the home guards. "

And on September 11, 1861 :

"General Fremont has decided not to order tbe Home Guards to be mustered at all
either for pay or out of service, as they were never mustered in. They are to seek
relief through Congress, as it was understood between them and General Lyon that
they expected nothing but arms and subsistence.

"J. H. EATON,
^^ Major and Military Secretary. "

This latter bears the following indorsement:

" The Secretary of War confirmed this verbally to me in strong terms, in his last
visit to Saint Louis.

"TIMOTHY P. ANDREWS,

' ' Dep. Paymaster- General. "

Renewed applications were presented to Major-General Halleck ( Fremont's suc-
cessor), who issued the following general orders:

[General Orders No. 25.] f

"Headquarters Department of The Missouri,

" Saint Louis, December 14, 1861.
[Extract.]
# * # # » # *

"3. Home Guards and other irregular organizations mustered in with an authorized
limitation as to place of service, or in service without having been mustered in, will

PENSION LAWS, DECISIONS, &G. 303

MISSOURI HOME GUARDS— Continued.

be allowed tlio option to be now regularly mustered in for three years or during the
war, according to law and regulations, to cover the full time of back service, so that
they can be regularly paid and furnished with supplies, or to be mustered out of serv-
ice and receive pay only for the period they have done active service in Missouri
away from their homes.

" By order of Major-General Halleck,

J. C. KELTON,
''Asst. Adjutant-General."

The provisions of this order do not appear to have been acted upon or put in oi^era-
tion at the time.

Applications for relief were made to Congress during the winter of
1861- '62, and resulted in the act of March 25, 1862, above cited.

The act was not put in operation, however, because the ai)propriation, $100,000,
made to meet the claims, was deemed inadequate, and besides, the Secretary of War
desired the appointment of a commission to examine the claims that might be pre-
sented under its provisions. These facts having been communicated to Congress, that
body enacted the act of July 12, 1862, which suspended payment under the original
act, and instead authorized the appointment of a commission to examine the claims.

The suspending act was as follows :

'A EE SOLUTION to suspend all payments under the act approved twenty-fifth of
March, eighteen hundred and sixty-two, entitled " An act to secure to the officers
and men actually employed in the Western Department, or Department of Missouri,
their pay, bounty, and pension," and for other purposes.

Fesolved by the Senate and House of Bepresentatires of the United /States of America in
Congress assembled. That the Secretary of War be, and he is hereby, authorized and di-
rected to suspend all payments under the act approved twenty-fifth March, eighteen
hundred and sixty-two, entitled '^ An act to secure to the officers and men actually em-
l)loyed in the Western Department, or Department of Missouri, their pay, bounty, and
pension," and that there shall be appointed by the President, immediately after the
passage of this resolution, by and with the advice and consent of the Senate, three com-
missioners, to examine all claims arising under the provisions of that act, and report
the same with the facts connected therewith, to the Secretary of War; said commis-
sioners to have such compensation for their services as the Secretary of War may con-
sider justand reasonable : Provided, That said commissioners shall be required to ex-
amine and report within sixty days after the passage of this resolution upon all such
claims as may be presented by persons claiming to have been organized or em-
ployed in the State of Missouri and to have performed service according to the pro-
visions of the said recited act, whereupon payments shall be made as recommended by
said commissioners and as required by said act : And provided further, That within
ninety days from;tlie passage of this resolution the said commissioners shall examine
and report upon all other claims arising under the act aforesaid, when payments shall
be made as herein prescribed.

Approved July 12, 1862.

The commission created by this act was appointed March 16, 1863,
Hawkins Taylor, esq., being the chairman. It has been commonly
styled "The Hawkins Taylor Commission."

Soon after, the comujission met at Saint Louis, Mo., entered upon the discharge of
their duties, and made their report in September, IbGo.

304 PENSION LAWS, DECISIONS, &C.

MISSOTTEI HOME GUAEDS— Continued.

It would seem from this report that there were two classes of Home Guards which
served in Missouri in 1861.

Class 1, authorized by Lyon, consisted of companies organized for the protection
of their respective neighborhoods. The commission has reported of this class :

"Previous to the outbreak, at the suggestion of General Lyon, and for their own
protection, many of these companies organized and armed themselves, and i)atrolled
through their respective neighborhoods, watching the movements of the disaffected.
After hostilities other companies organized, drilled, and protected their own and neigh-
bors' property and the peace of the country."

1* « 4> « « * »

The claims of this class were held by the commission as not coming within the
proviso of the acts of March 25, 1862, and July 12, 1862, and therefore they did not
recognize or certify awards thereon. In other words, as reported by the commis-
sion :

"No claim was allowed unless it was strictly for. personal service in the military
service, and all were not only required to show that they were called out or accepted
by proper authority, but performed actual military service in the field."

Class 2 consisted of : *

* - # « * « » *

"Organizations regularly called out and which actually served in the field under

proper authority and in a regular military capacity."

« « « if « « «

"Class 2 was recognized by the commission, periods of service determined and
certified to, and payments made the officers and members of this class by an Army
paymaster, in accordance with the certified records of service as made by the coni-
mission."

It thus appears that all Missouri Home Guard organizations which
were paid through the Hawkins Taylor commission were accepted into
the CJnited States service by competent authority, though in irregular
form, and were recognized by a competent tribunal as having been
actually engaged in such service. It is therefore held that niembers of
such organizations were '*in the military vservice of the United States"
within the meaning of the first paragraph of section 4693, He vised
Statutes, and that claims on account of disability or death incurred in
such service are upon the same footing as those by and on account of
regularly enlisted volunteers. Missouri Home Guard claims in which
service is not shown either by the records of the Adjutant-General, U.
S. A., or by the report of the Hawkins Taylor commission, should be
adjudicated under the third paragraph of the section last cited, and are
subject to the limitation therein provided.

DECISIOX OF THE SECRETARY OF THE INTERIOR.

The officers and members of the German Regiment, Missouri Home
Guards, their widows, &c., entitled to pension.

Noack, Charles J. H. Xo. 242,896. Schurz, C, Secretary. Sept. 29, 1880. Vol. 8. p. 34. {Act
of Mar. 25, 1863, first part of section 4693, Revised Statutes.)

PENSION LAWS, DECISIONSj &C. . 305

MISSOURI MILITIA.

Section 4692, Revised Statutes.

Every person specified in the several classes enumerated in the fol-
lowing section, who has been, since the fourth day of March, eighteen
hundred and sixty-oue, or who is hereafter disabled under the condi-
tions therein stated, shall, upon making due proof of the fact, accord-
ing to such forms and regulations as are or may be provided in pursu-
ance of law, be placed on the list of invalid pensioners of the United
States, and be entitled to receive, for a total disability, or a permanent
specific disability, such pension as is hereinafter provided in such cases;
and for an inferior disability, except in cases of permanent specific dis-
ability, for which the rate of pension is expressly provided, an amount
proi)ortionate to that provided for total disability ; and such pension
shall commence as hereinafter provided, and continue during the ex-
istence of the disability.

Sec. 1, 3 Mar., 1873 ; sec. 1, 14 July, 1862.

Section 4693, Revised Statutes.

The persons entitled as beneficiaries under the preceding section are

as follows :

# * # * * * *.

Third, Any person not an enlisted soldier in the Army, serving for
the time being as a member of the militia of any State, under orders of
an officer of the United States, or who volunteered for the time being
to serve with any regularly organized military or naval force of the
United States, or who otherwise volunteered and rendered service in
any engagement with rebels or Indians, disabled in consequence of
wounds or injury received in the line of duty in such temporary service.
But no claim of a State militiaman, or non-enlisted i>erson, on account
of disability from wounds or injury received in battle with rebels or In-
dians, while temporarily rendering service, shall be valid unless prose-
cuted to a successful issue prior to the fourth day of July, eighteen
hundred and seventy-four.

Section 4722, Revised Statutes.

The provisions of this Title are extended to the officers and privates
of the Missouri State militia, and the provisional Missouri militia, dis-
abled by reason of injury received or disease contracted in the line of
duty while such militia was co-operating with United States forces,
and the widow or children of any such person, dying of injury received
or disease contracted under the circumstances herein set forth, shall be
entitled to the benefits of this title. But the pensions on account of
such militia shall not commence prior to the third day of March, one
thousand eight hundred and seventy- three.

Sec. 8, 3 Mar., 1873 ; see sec. 9, 4 July, 1864; see sees. 1, 2, 25 Mar., 1862.

7018 PEN 20

306 PENSION LAWS, DECISIONS, &C.

MISSOURI MILITIA— Continued.

THREE MONTHS' VOLUNTEERS.

At the breaking out of the war the State government of Missouri,
being in sympathy with the secession movement and making no response
to the President's proclamation of April 15, 1861, calling for 75,000
troops, on April 30th of that year authority was granted Captain Lyon,*
of the United States Army, then in command at the Saint Louis Arse-
nal, to enroll and arm not more than 10,000 men for the purpose of
meeting what was at that time considered only a temporary emergency j
and within less than two months, under Captain Lyon's supervision,
there had been raised, in Saint Louis alone, a force aggregating 10,730
men, organized into five (5) regiments of ^-volunteers" and five (5) regi-
ments of a reserve corps, sufficiently described as follows :

t First Regiment Volunteers, Colonel Blair, mustered out June 10,
1862 ; Second Regiment Volunteers, Colonel Boernstein, mustered out
August —, 1861 ; Third Regiment Volunteers, Colonel Sigel, mustered
out September 4, 1861 ; Fourth Regiment Volunteers, Colonel Schitt-
ner, mustered out July 30, 1861 ; Fifth Regiment Volunteers, Colonel
Salomon, mustered out August 26, 1861 j First Regiment United States
Reserve Corps, Colonel Almsted, mustered out August 30, 1861 j Sec-
ond Regiment United States Reserve Corps, Colonel Kallman, mustered
out August 16, 1861 ; Third Regiment United States Reserve Corps, Col-
onel McNeil, mustered out August 18, 1861 ; Fourth Regiment United
States Reserve Corps, Colonel Brown, mustered out August 18, 1861 ;
Fifth Regiment United States Reserve Corps, Colonel Stifel, mustered
out August 31, 1861.

To this infantry force were attached Backol's Battalion Artillery^
mustered out August and September, 1861; Voerster's Pioneer Com-
pany, mustered out September 1, 1861, and a company of cavalry (Ri-
fles) lettered A, and mustered out August 26, 1861.

Immediately on the completion of these organizations they were mus-
tered into the United States service,t and members thereof and their
heirs are entitled to pension under the general law.

Inquiry at the War Department develops the fact that all records of
the various regiments, companies, &c., above enumerated are in the
custody of the Adjutant-General, United States Army.

SIX MONTHS' MILITIA.

This force was organized in conformity with a proclamation issued
by H. R. Gamble, governor of ^Iissouri,§ dated August 24, 1861, calling
for 10,000 cavalry and 32,000 infantry, " for the purpose of maintaining

* See Report of the Adjutant-General of Missouri for 1863, pp. 4 and 5.
t Reorganized June 10, 1861, as a three years' re(;iment.
t See Report of the Adjutant-General of Missouri for 1865, pp. 59 to 79.
$See Report of Adjutant-General of Missouri for 1863, p. 6.

PENSION LAWS, DECISIONS, &C. • 307

MISSOURI MILITIA— Continued.

the power of the Federal Government " and that of the newly consti-
tuted and ]oyii\. State authorities. It was mustered our, as a rule, prior
to the expiration of its term of service (six months), and has never lieen
classified as a part of the volunteer forces of the United States. Hav-
ing been purely a State organization, its members possess no title to
pension, except under the provisions of paragraph 3, section 4693, Re-
vised Statutes.

The following list is believed to represent with suflacient accuracy the
component parts of this militia : 5

KimbalPs regiment ( ), mustered out April 2, 1862 ; Dullmeyer%

battalion (Third Regiment), mustered out February — 1862 ; Simpson's
regiment (Fourth Regiment), mustered out February 25, 1862 j Fagg'*
regiment (Fifth Regiment), mustered out February 5, 1862 ; Oranao^s^
regiment (Sixth Regiment), mustered out February 13, 1862; Richard-
son's regiment (Seventh (?) Regiment), mustered out December 18, 1861 ;;
Albur's battalion (First), mustered out February 13, 1862 ; Cox's battal-
ion (Second), mustered out March 14, 1862; Joseph's battalion (Third
Regiment), mustered out February 11, 1862 ; Thompson's battaliort
(Fourth Regiment, mustered out February 11, 1862; Grundy County-
battalion, mustered out February 2, 1862; Burris' battalion (Sixth Regi-
ment), mustered out March 14, 1862 ; Harrison County battalion (Seventh
Regiment) , mustered out March 14, 1862 ; James' battalion, mustered out
March 13, 1862 ; Mercer County battalion, mustered out March 19, 1862;
Washington County battalion, mustered out January 8, 1862 ; Murdock'j*
Independent Company (?) ; Turley's Independent Company, mustered
out December, 1861 ; Wayne County Cavalry, mustered out February
20, 1862.

MISSOURI STATE MILITIA.

The organization of this force was begun in December, 1861,* under
authority from the War Department, granted November 7, 1861, and
known as General Order ISTo. 96.'

Prior to June, 1862, there had been put into the field over 13,000 men,,
which number was reduced to 10,000 (nominally), in accordance with
act of Congress, approv^ed July 17, 1862,t and carried into efi'ect by
General Order No. 5, dated February 2, 1863, State Headquarters*
Under the operation of that order there were enlisted and regularly mus-
tered into the United States service one (1) regiment of infantry, four-
teen (14) regiments, two (2) battalions and two (2) companies of cavalry,,
and one (1) battery of artillery. Disabilities incurred during service and
in line of duty by members of any of said organizations are pensionable
under the general law. Reference may also be had to section 4722, Re>
vised Statutes, by the terms of which special provision is made for the
** Missouri State Militia.''''

* Report of the Adjutant- General of Missonri for 18(5:i, p, H.
t See Report of Adjutant- General of MisBOuri for 18S3, p. 42.

308 • PENSION LAWS, DECISIONS, &C.

MISSOURI MILITIA— Continued.

ENROLLED MISSOXTRI MILITIA.

This force was brought into existence by Special Order Ko. 101,* «f
the governor of Missouri, dated July 22, 1862, calling into service all
arms-bearing citizens of the State subject to military duty.t It was,
and always remained a purely State organization, but after January,
1863, it was furnished by the United States with forage, subsistence,
and transportation when in active service and with clothing, camp and
garrison equipage while so employed, and was considered in active
service only when called out by the governor or department comman-
der, and only while so retained by the latter.t

These men seem to have been enrolled for no specified term and were
distributed into regiments and numerous "county" battalions, the
former being numbered up to and including 89 (although no record nor
mention is found of Nos. 14, 15, 18, and 21), and were formally disbanded
March 12, 1865, by act of the general assembly of Missouri.

Not a pensionable service under existing law,

PROVISIONAL REGIMENTS, ENROLLED MISSOURI MILITIA,

The condition of affairs in Missouri early in 1863 suggested the ex-
pediency of creating "a^picked force," § to consist of men "who could
the most easily be spared from their ordinary avocations, " and who might,
therefore, be held for "more permanent" and effective service than could
be expected from ordinary militia organizations.

At that period Missouri was divided into eight military districts, each
under the command of a brigadier- general of the enrolled militia, and
in a circular letter, dated February 3, 1863, issued from the military
headquarters of the State, || authority and instructions were forwarded
to such " district commanders," in pursuance of which eleven regiments
were selected, either by detail or enlistment, from the "Enrolled Mis-
souri Militia," which were denominated "provisional regiments/^ and
were kept " in active service continuously as long as the emergency
demanded."

The history of each of these regiments, including letter of company,
name of captain, and dates of muster-in and muster-out, has been re-
ported to the Pension Office by the Third Auditor of the Treasury, to
whom all calls for information in particular cases should be addressed.

By a<5t of March 3, 1873 (section 4722, Revised Statutes) the bene-
fits of the general pension law were extended to the members of the
regiments thus organized.

* See Report of Adjutant-General of Missouri for 1863, p. 15.

t/6id.,p. 19.

X Ibid., p. 27 (General Order No. 4, January 9, 1863).

$ Report of Adjutant-General of Missouri for 1863, p. 21.

II See Report of Adjutant-General of Missouri for 1863, p. 22.

. PENSION LAWS, DECISIONS, &C. 30d

MISSOURI MILITIA— Continued.

PROVISIONAL COMPANIES OF ENROLLED MISSOURI MILITIA.

In General Order I^o. 107,* dated June 28, 1864, the people of Miis-
souri were *' requested ^' by the department commander " to choose and
organize out of the Enrolled Missouri Militia " companies of about 100
men each, " selected for courage, energy, and willingness " and to hold
themselves always in readiness to meet ''the ends of local defense,'^
such companies to be oflScered, armed, equipped, and paid by the State.

In response to this appeal there were organized, so far as can be
gathered from the documentary evidence now available, t some fifty-six
companies, many of which were brought into active service and sus-
tained heavy losses, outside of the counties to which they belonged ; but
what became of them ultimately — whether they were consolidated, mus-
tered out, relieved, disbanded, or simply ''went home" (as was the case
with many of the original Home Guards) is a question not definitely
answered by any references now at the disposal of the compilers. At
all events, however, there need be no doubt as to the proper classifica-
tion of these "provisional companies." They were State troops, differ-
ing not at all from the Enrolled Missouri Militia, f so far as their military
relations with the Government of the United States were concerned, and
are not included in the provisions of section 4722, Eevised Statutes, nor
of any Congressional enactment other than paragraph 3, section 4693,
Eevised Statutes.

The "provisional companies^^ were called out expressly for local de-
fense and temporary service, whereas the " provisional regiments''^ were
organized for permanent and general service.

It being in contemplation to muster out the "Missouri State Militia"§
(whose term of service. was about to expire), and to disband the "En-
rolled Missouri Militia " "in order to the formation of a new and perma-
nent State force, " the general assembly of Missouri, by its ordinances
of February 10 and April 8, 1865, directed the organization of the '''Mis-
souri Militiaj^^ which within a few months thereatter was so far recon-
structed as to aggregate eighty-four regiments, six battalions, and sev-
eral "independent" companies. In anticipation of these measures, and
as a temporary expedient, enrollment for local defense at certain des-
ignated points had been authorized under date of January 30, 1865,||
and the companies thus created (numbering, at the maximum, fifty-
eight), remained in service at the pleasure of the department commander,
the last of them having been disbanded July 6, 1865.

* See Report of Adjutant-General of Missouri for 1864, p. 43.

iSee Report of Adjutant-General of Missouri for 1865, p. 629.

XI lid. J pp. 5 and 43.

^Report of Adjutant-Goneral of Missouri for 1865, p. 44.

II See Report of Adjutant-General of Missouri for 1865, p. 58.

;510 PENSION LAWS, DECISIONS, &:0.

mSSOURI MILITIA— Continued.

All of the troops thus indicated belonged exclusively and without ex-
ception to the State, and, therefore, are not pensionable under the gen-
eral law.

DECISIONS OF THE SECRETARY OF THE INTERIOR.

1. (1) '' Section 4722 of the Revised Statutes extends the benefits of
pension to the officers and privates of the Missouri Militia, disabled by
reason of injury received and disease contracted in the line of duty
-while such militia was cooperating with United States forces, and to
the widow and children of any such person, dying of injury received or
clisease contracted under the circumstances stated."

(2) * * * "In regard to the records of the military forces to which
said section applies, the United States War Department is not charged
"with any duty, for the reason that such forces were not in the service
of the United States, but were in the service of the State of Missouri
and were co operating with the United States forces."

Hargrave, John C. No. 202,765. Kirkwood, S. J., Secretary. Mar. 9, 1882, Vol. 9, p. 126.

2. The Keport of the Adjutant-General of the State of Missouri shows
that the soldier enlisted in Company A, Fiftieth Regiment of the Unrolled
Missouri Militia^ in August, 1862, and was ordered into active service
October 16, 1862, and that he " was killed by the accidental discharge
of a gun in the hands of a soldier."

His widow's claim was rejected on the ground that the soldier was
not in the military service of the United States, but was a member of a
State organization.

In affirming the action of rejection, it was held that ^' the organiza-
tion of which the husband of the applicant was a member was not in
the service of the United States ; neither did itT belong to that part of
the Missouri militia for which pensions were ])rovided by section 4722
of the Revised Statutes." And it was further held that as the claim
•was not filed untd June 5, 1882, it could not, therefore, " be considered
under the provisions of the third paragraph of section 4693, providing
pensions for the members of the militia of a State under certiiin circum-
stances, for the reason that the benefits of those provisions are restricted
to those persons whose right to pension was established prior to the 4th
of July, 1874."

Siedenstein, Mary A. No. 293,452. Teller, H. M„ Secretary. Nov. 11, 1883. Vol. 11, p. 49.

3. The appellant filed his claim for pension June 7, 1882, on account
of a disability incurred by being thrown from his horse December 20,
1862, while serving as a private in Comi)any I, Seventy-first Regiment,
ilnrolled Missouri Militia. Claim rejected on the ground that the claim-
ant was not an enlisted man in the service of the United States at the
time of the alleged injury.

PENSION LAWS, DliCISIONS, &C. 311

MISSOURI MILITIA— Continued.

In deciding the case on appeal it was held that — " The claim is not
admissible under the first paragraph of section 4693 of the Kevised
Statutes tor the reason that the applicant was not enlisted in the serv-
ice of the United States. It is not admissible under the third para-
graph of said section for the reason that it was not presented and pros-
ecuted to a successful issue prior to July 4, 1874. It is not admissible
under section 4722 of the Ee vised Statutes for the reason that the pro-
visions of said section do not extend to the Enrolled Missouri Militia.
There is no other portion of the law which has any bearing upon the case.

Delany, John W. App. Ko. 457,175. Teller, H. M., Secretary. Xov. 18, 1884. Vol. 11. p 384.

4. Member of Provisional Enrolled Missouri Militia not entitled to pen-
sion under section 9 of the act of July 4, 1864, unless wounded in battle,
and his widow is not entitled under said section unless his death was
occasioned by or due to a wound received under like circumstances.
(All such claims now barred by the limitation imposed by paragraph
3. section 4693 Revised Statutes.)

Foster, Martha. App. No. 127,175. Cox J. D., Secretary. July 24, 1869. Vol. 2, p. 121.
TSJJJLJNG or THE COMMISSIONER OF PENSIONS.

RiTLINa No. 45.

All claims for pension on account of services in the ^^ Missouri State
Militia^'' and ''' Provisional Enrolled Missouri Militia^^ shaU be treated as
to title, rate, and commencement of pension as on equal footing with
claims of persons provided for by paragraph 1, section 4693, Eevised
Statutes.

The^^ Enrolled Missouri Militia^^ having been called into the service
of the State of Missouri, and commanded by the officers of the United
States for the time being in command of the forces of the United States
in said State by virtue of an agreement entered into between the Pres-
ident of the United States and the governor of Missouri, shall be held
as the militia of a State provided for in paragraph 3, section 4693,
Eevised Statues, and pensionable under said paragraph for wounds or
injuries received in battle, provided the claim was completed prior to
July 4, 1874, or, if pending on that date, is susceptible of admission
upon satisfactory record evidence showing the receipt of wound or in-
jury in battle.

Claims on account of services in the "Missouri Home Guards" and
other irregular organizations, called into the service by the generals
commanding the Western Department, or the Department of the Mis-
souri, title to pension for same being established by the provisions of
section 2 of the act of March 25, 1862, shall in all respects be treated
as claims on account of services in the volunteer forces of the United
States, the service to be established by the records in the office of the
Third Auditor of the Treasury, or the l*aymaster General, U. S. A.

312 PENSION LAWS, DECISIONS, &,C.

MISSISSIPPI MARINE BRIGADE.

See Gunboat, Eam Fleet, and Mississippi Marine Brigade.

MOTHERS. (DEPENDENT.)

Section 4707, Revised Statutes.

If any person embraced within the i)rovisions of sections forty-six
hundred and ninety-two and forty-six hundred and ninety-three has died
since the fourth day of March, eighteen hundred and sixty-one, or shall
hereafter die, by reason of any wound, injury, casualty, or disease,
which, under the conditions and limitations of such sections would have
entitled him to an invalid pension, and has not left or shall not leave a
widow or legitimate child, but has left or shall leave other relative or
relatives who were dependent upon him for support in whole or in part
at the date of his death, such relative or relatives shall be entitled, in
the following order of precedence, to receive the same pension as such
person would have been entitled to had he been totally disabled, to com-
mence from the death of such person, namely: First, the mother; sec-
ondly, the father ; thirdly, orphan brothers and sisters under sixteen
years of age, who shall be pensioned jointly : Provided^ That where
orphan children of the same parent have different guardians, or a por-
tion of them only are under guardianship, the share of the joint pension
to which each ward shall be entitled shall be paid to the guardian of
such ward : Provided, That if in any case said person shall have left
father and mother who are dependent upon him, then, on the death of
the mother, the father shall become entitled to the pension, commenc-
ing from and after the death of the mother ; and upon the death of the
mother and father, or upon the death of the father and the remarriage
of the mother, the dependent brothers and sisters under sixteen years
of age shall jointly become entitled to such pension until they attain
the age of sixteen years, respectively, commencing from the death or
remarriage of the party who had the prior right to the pension : Pro-
vided, That a mother shall be assumed to have been dependent upon
her son within the meaning of this section if, at the date of his death,
she had no other adequate means of support than the ordinar^^ proceeds
of her own manual labor and the contributions of said son or of any
other persons not legally bound to aid in her support ; «nd if, by actual
contributions, or in any other way, the son had recognized his obliga-
tions to aid in support of his mother, or was by law bound to such sup-
port, and that a father or a minor brother or sister shall, in like manner
and under like conditions be assumed to have been dependent, except
that the income which was derived or derivable from his actual or pos-
sible manual labor shall be taken into account in estimating a father's
means of independent support : Provided, further, That the pension al-
lowed to any person on account of his or her dependence, as hereinbe-

PENSION LAWS/ DECISIONS, &C. 311^

MOTHERS. (DEPEUTDENT.)— Continued.

fore provided, shall not be paid for any period during which it shall
not be necessary as a means of adequate subsistence.

Sec. 13, 3 Mar. 1873 ; sees. 3, 4, 14 July, 1862; sec. 12, G June, 1866; sec. 1. 27 July, 1868.

Section 4708, Revised Statutes.

The remarriage of any widow, dependent mother, or dependent sister,
entitled to pension, shall not bar her right to such pension to the date
of her remarriage, whether an application therefor was filed before or
after such marriage 5 but on the remarriage of any widow, dependent
mother, or dependent sister, having a pension, such pension shall cease.

Sec. 14, 3 Mar., 1873 ; sees. 2, 3, 14 July, 1862; sec. 7, 4 July, 1864 ; sec. 6, 25 July, 1866; sec. 10,
27 July, 1868. • .

DECISIOK^S OF THE SECRETARY OF THE INTERTOR.

1. Entitled, if dependent, whether husband alive or dead, but forfeits
pension by remarriage.

Ingtructions .- Opinion of Bates, E., Attorney-General. Smith, C. B., Secretary, Sept. 16, 1862»
Vol. 2, pp. 168,169.

2. Legitimacy of son is not a material question in mother's claims.

Busb, Johanna. App. No. 2,459. Usher, J, P., Secretary. June 15, 1863. Vol. 1, p. 25.

3. May obtain higher pension for another son of higher rank by sur-
rendering certificate obtained for dependence of a son of lower rank.

Kelly, Susan. Ctf. No. 113,817. Browning, O. H., Secretary. Jan. 23, 1868. Vol. 1, p. 63.

4. Of officers who were commissioned but not mustered into a higher
rank, not entitled to pension in that rank.

Crosby, Sarah A. Ctf. No. 153,347. Delano, C, Secretary. July 5, 1872. Vol. 1, p. 348.

5. Evidence of husband's disability for a period during which she
could not draw any pension may be waived in claims of mothers.

Shane, Sally W. App. No. 203,426. Delano, C, Secretary. Apr. 3, 1875. Vol. 3, p. 346.

6. Service of son in rebel army does not deprive his mother of pen-
sion if granted by special act of Congress. Her identity only need be
proven.

Hensley, Ann. Chandler, Z., Secretaiy. Apr. 7, 1876. Vol. 4, p. 253.

7. Entitled, if dependent, although husband may have been employed
as doorkeeper of legislature or as keeper of a poor-house.

Eector, Ann P. App. No. 204,473. Chandler, Z., Secretary. June 8, 1876. Vol. 4, p. 311.

8. A mother cannot be allowed pension for any period prior to son's
death, nor can she be allowed arrears of pension where son made no
application for pension during his life-time.

See Dependence (Mothers).

314 PENSION LAWS, DECISIONS, &C.

ITAVY.

[Note. — For laws, decisions, and rulings relating generally to Navy pensions for
service in the war of the rebellion and since, see Title or Eight to Pension, also the
various titles of this digest applicable to Army claims of the late war, which apply
€qually to the Navy, for service rendered subseijuent to March 4, 1861.

For Navy Service Pensions, War of 1812, see title Service Pensions, War of 1812.]

1. AGENTS.
OPINION OF THE ATTOKNEY-GENERAL.

(1) Widows of Navy agents are not entitled to pension under act of
June 30, 1834. Navy agents are neither officers, seamen, nor mariners,
nor are they in the naval service, within the meaning of the law.

Butler, B. F., Attorney-General. Apr, 7, 1837. Opinions of Attorneys-General, vol. 3, p. 196.
2. ARMY AND NAVY ROLLS AND RECORDS, "WHERE POUND.

See Army and Navy Eolls and Eecokds, where found.

3. CLERK, CAPTAIN'S.
DECISION OF THE SECRETARY OF THE INTERIOR. •

(1) A cai)tain's clerk in the Navy was ordered home on account of
sickness and directed to report to the Navy Department, but on ac-
count of ill health was unable to so report prior to his death ; his widow
was allowed to collect his pay to the date of his death : Seld, that he
was in service to date of death, and that his widow was entitled to pen-
sion under the Navy pension laws.

Gorham, Charles P., Acting Secretary. Aug. 24, 1876. Ts&vj file No. 537. Dickinson, Charlotte
M., widow of Manco C. Vol. 4, p. 381. Reversing decision of Otto, T., Acting Secretary,
Sept. 30, 1867, in same case. (Not recorded.)

Note. — A captain's clerk in the Navy occnpies dn anomalous position. He holds
no commission or warrant— he is not, in fact, an enlisted m'an — but by usage is ac-
corded certain privileges of officers. The commanding officer of a United States ship
appoints his clerk without special authority from the Navy Department, who is not
regarded as in the service until he enters ui)on his duties, nor after he permanently
leaves the vessel. If, however, detached from a vessel on a foreign station, he would
be held to be in service for such time as would bo necessary to enable him to return
to the United States by the shortest and most direct route, and if ordered to report
himself to the Navy Department, by a superior officer, ho would be held to be in the
service for a sufficient time at least to enable him to obey the order. (Substance of
communications from the Navy Department in the claim cited aboye).

3h DISABILITY, RECORD OF.

See Sections 4762, 4763, Revised Statutes, Paragraph 23
THIS Title.

PENSION LAWS, DECISIONS, &.C. 315

NAVY— Continued.

4. DISCONTINUANCE OF PENSIONS.
DECISIOX or THE SECRETARY OF THE INTERIOR.

(1) A widow was pensioned under act of March 3, 1837 ; her name
was dropped from the rolls in September, 1842, the act of March 3,
1837 being repealed by the act of August 23, 1842. . The pension was
discontinued by the Secretary of the lil^avy, who was then (1842) in-
trusted with the administration of the Navy pension laws. Section
4725, Eevised Statutes, does not operate to revive such a pension.

Scliurz, C, Secretary. Apr. 21, 1877. Ifavy file No. 1,229. Wade, Mary D., widow of John T.
Vol. 5, p. 88.

5. DISLOYALTY.
DECISION OF THE SECRETARY OF THE rNrT:ipBIOR.

(1) The act of March 3, 1877, removing the disability of those who,
having participated in the rebellion, subsequently enlisted and. con-
tracted a disability in the Army, does not apply to the Kavy.

Joslyn, M. L., Acting Secretary. Aug. 27, 1884. Navy app. No. 3,876. Denpison, Salathiel.

Vol. 11, p. 344.
Muldrow, H. L., Acting Secretary. Mar. 27, 1885. Navy app. No. 2,011. Dougherty, Catharine.

O. W. and N. Vol. 3, p. 342.

See also Disloyalty and Paragraph 6 Old Wars.

6. FORMS AND REGULATIONS.

Act of March 2, 1867, sections 4766, 4757, Revised Statutes.
Degi«aration for Navy Invalid Pension.

[Form of application to be filed in the Pension OfiBce.

State op , County of , as :

On this day of , one thousand eight hundred and , personally ap-
peared before me, , within and for the county and State aforesaid,

, a resident of , in the Stale of , who, being duly sworn according to

law, declares that he is the identical , who was honorably discharged

from the United States * , having served therein years; that his personal

description is as follows : Age, ; height, ; complexion, ; hair, ;

and by occupation is a ; that he is disabled as follows :

that he is a pensioner under act . He makes this applica-
tion in order to secure the benefits of the act " amending certain acts relating to the

Navy," approved March 2, 1867, having, oti the day of , eighteen hundred

and , made application to the Secretary of the Navy for the same.

[If applicant makes mark, let t"Wo persons who write their names attest the signature.]

•* State whether Navy or Marine Corps, and date of last discharge.

Application must be made before a court of record, or before some ofBcer of such court authorized
to administer oaths and having custody o f its seal.

When applicant or witnesses sign by mark, the certifying officer must state that the contents of the
instrument were made known to them before signing.

316

PENSION LAWS, DECISIONS, &C.

NAVY— Continued.

Also personally ai>pearecl and , residents of , per-
sons whom I certify to be respectable and entitled to credit, and wlio, being by me

duly sworn, say that they were present and saw sign his name to the

foregoing declaration ; and they further swear that they have every reason to believe
from the appearance of the applicant and their acquaintance with him, that he is the
identical person he represents himself to be ; and they further state that they have

no interest in the prosecution of this claim.

[Signatures of witnesses.]

Sworn to and subscribed before me this day of , A. D. 188 — ; and I hereby

certify that I have no interest, direct or indirect, in the prosecution of this claim.

[Signature of judge or other officer :1 .

[Applicant's post-office address :]

[Form of application to be filed with the Secretary of the Navy.]

The undersigned respectfully applies to the honorable , Secretary of

the Navy, for the benefits of the sixth section of the act approved March 2, 1867, sec-
tions 4756, 4757 Eevised Statutes, having served years, and was last discharged

from the U. S. S. as on the , 18 — , and furnishes the

following statement of his naval service :

Dates of enlist-
ments.

]N^ames of vessels.

Bating.

Commanding officers.

Dates of dis-
charges.

And further states that he is years of age, feet inches in height, and

was bom , and has the following permanent marks and scars :

, all of which can be verified by the records of the Navy Department and the

vessels named.
,18-

[Signature :]

[Address:]

See Blank Forms of Declara'iions for Army and Navy
Pensions, also Eegulations relating to Army and
Navy Pensions.

7. FUND, NAVY PENSION.

Section 4750, Revised Statutes.
The Secretary of the Navy shall be trustee of the Navy pension-fund.

Sec. 1, 10 JiUy, 1832.

PENSION LAWS, DECISIONS, &C. 317

NAVY— Continued.

Section 4751, Revised Statutes.

All penalties and forfeitures incurred under the provisions of sections
twenty-four hundred and sixty-one, twenty-four hundred and sixty-two,
twenty-four hundred and sixty- three, Title "The Public Lands,**
shall bo sued for, recovered, distributed, and accounted for under the
directions of the Secretary of the Navy, and shall be paid over, one
half to the informers, if any, or captors, where seized, and. the other
half to the Secretary of the Navy for the use of the Navy pension-fund j
and the Secretary is authorized to mitigate, in whole or in part, on such
terms and conditions as he deems proper, by an order in writing, any
fine, penalty, or forfeiture so incurred.

Sec. 3, 2 Mar., 1831.

Section 4752, Revised Statutes.

All money accruing or which has already accrued to the United States
from sale of prizes shall be and remain forever a fund for the payment
of pensions to the officers, seamen, and marines who may be entitled to
receive the same ; if such fund be insufficient for the purpose, the pub-
lic faith is pledged to make up the deficiency ; but if it should be more
than sufficient, the surplus shall be applied to the making of further
provision for the comfort of the disabled officers, seamen, and marines.

Sec. 1, 17 July, 1862.

Section 4753, Revised Statutes.

The Secretary of the Navy, as trustee of the naval pension-fund, is
directed to cause to be invested in the registered securities of the United
States, on the first day of January and the first day of July of each year,
so much of said fund then in the Treasury of the United States as may
not be required for the payment of naval pensions for the then current
fiscal year ; and, upon the requisition of the Secretary, so much of the
fund as may not be required for such payment of pensions accruing
during the current fiscal year shall be held in the Treasury on the days
above named in each year, subject to his order, for the purpose of such
immediate investment ; and the interest payable in coin upon the se-
curities in which the fund may be invested shall be so paid, when due,
to the order of the Secretary of the Navy, and he is authorized and di-
rected to exchange the amount of such interest, when paid in coin, for
so much of the legal currency of the United States as may be obtained
therefor at the current rates of premium on gold, and to deposit the in-
terest so converted in the Treasury to the credit of the naval pension-
fund ; but nothing herein contained shall be construed to interfere with
the payment of naval pensions under the supervision of the Secretary
of the Interior as regulated by law.

Resolution 1 July, 1864.

318 PENSION LAWS, DECISIONS, &C.

NAVY— Continued.

Section 4754, Revised Statutes. .

The iuterest on the naval pension-fund shall hereafter be at the rate
of three per centum per annum in lawful money.

Sec. 2, 23 July, 1868.

Section 4755, Revised Statutes.

The NaJ^y pensions shall be paid from the Navy pension-fund, but no
payments shall be made therefrom except upon appropriations author-
ized by Congress.

Act 11 July, 1870.

Section 4758, Revised Statutes.

The Secretary of the Navy shall be trustee of the privateer pension-
fund.

Sec8. 3, 5, 10 July, 1832.

Section 4759, Revised Statutes.

Two per centum on the net amount, after deducting all charges and
expenditures, of the prize-money arising from captured vessels and
cargoes, and on the net amount of the salvage of vessels and cargoes
recaptured by the private armed vessels of the United States, shall be
secured and paid over to the collector or other chief officer of the cus-
toms of the port or place in the United States at which such captured
or recaptured vessels may arrive; or to the consul or other public agent
of the United States residing at the port or place, not within the United
States, at wlUch such captured or recaptured vessels may arrive. And
the moneys arising therefrom are pledged by the Government of the
United States as a fuud for the support and maintenance of the widows
and orphans of such persons as may be slain, and for the support and
maintenance of such persons as may be wounded and disabled on board
of the private armed vessels of the United States, in any engagement
with the enemy, to be assigned and distributed in such manner as is or
may be provided by law.

Sec. 17, 26 June, 1812.

Section 4760, Revised Statutes.

The two per centum reserved in the hands of the collectors and con-
suls by the preceding section shall be paid to the Treasury, under the
like regulations provided for other public money, and shall constitute
a fund for the purposes provided for by that section.

Sec. 1, 13 Feb.. 1813.

8. GUNBOAT SERVICE.

Bee Gunboat, Ram-fleet, and Mississippi Marine Brigade.

PENSION LAWS, DECISIONS, &C. 319

NAVY— Continued.

9. LIMITATION.
DECISION OF THE SECRETARY OF THE INTERIOR.

(1) It appearing from certain correspondence found among the rec-
ords of tbe office that some kind of an application on account of a disa-
bility contracted prior to March 4, 18G1, was filed in the Pension Office
in 18G3, and within three years of the date of discharge of the soldier^
although no claim or record of any claim is found : Reld^ that the ap-
plication referred to was sufficient to save the case from bar of limi ta-
ction fixed by section 4713, Ee vised Statutes.

Teller, H. M., Secretary. Jan. 11, 1883. Nevt file No. 4,283. Barney, Samuel C. 0. W. and N.
Vol. 3, p.139.

See also Limitation and Paragraph 13, Old War.

10. LINE OF DUTY.
DECISIONS OF THE SECRETARY OF THE INTERIOR.

(1) The death of an officer of the Navy of a disease contracted while
on the retired list does not give title to pension to his widow.

Delano, C, Secretary. May 29, 1874. Navy, Wid. File No. 2,433. Lanman, Ann Cornelia^
widow of Joseph. Vol. 3, p. 224.

(2) Officers upon the retired list of the Navy, when not engaged upon
active duty, may properly be regarded in the same light for pension
purposes as if upon leave of absence or on furlough.

'^If, on the other hand, an officer on the retired list of the Navy con-
tract a disability while employed upon any duty to which he had been
assigned by authority of law, and his death result therefrom, the right
of his widow to pension should be decided, so far as the question of the
origin of the death cause is concerned, without regard to whether he
was, at the time of such origin, borne upon the retired list of officers.^

Teller, H. M., Secretary. May 5, 1882. Navy, Wid. File No. 3,166. Watson, Theresa C. VoL
9, p. 179.

RUIiING BT THE COMMISSIONER OF PENSIONS.

Ruling No. — . April 30, 1885.

The officers and crew of the Jeannette were in the naval service of
the United States j the order of the Secretary of the Navy, dated May
8, 1879, detailing Lieutenant De Long to special duty at New York, and
then to command the Jeannette, operates to change his status from
"absent with leave,'' to that of active duty, and his death was due to
causes arising while in the line of duty, thereby entitling his widow
to pension.

These conclusions were concurred in by the Honorable Secretary of
the Navy under date of May 21, 1885.

De Long, Emma, widow of Lieut. Commander G. W. De Long. Navy, Wid. File No. 3,255i.

See also Paragraph 104 Bounty-Land.

22. SERVICE, PERIOD OP.

{For law see paragraph 28 this title.)

DECISIONS OF THE SECRETARY OF THE INTERIOR.

(1) Pension allowed under act of February 14, 1871. Subsequently
discovered that less than sixty days' service was rendered : Reld, that
name should be dropped under act of February 14, 1871, and allowance
made under act of March 9, 1878.

Schurz, C, Secretary. Jan. 21, 1880. Ctf. No. .5,610. Riley, Nancy. Vol. 7, p. 178. O. W. and
X. VoL 2, p. 224.

454 PENSION LAWS, DECISIONS, &.C.

SERVICE PENSIONS, WAR OF 1812--Coiitinued.

(2) The period for which the soldier was paid determines the length
of service.

Joslyn, M. L., Acting Secretary. Apr. 14, 1884. No. 42,910. Hundley, Winnio. Vol. 11, p. 198.

See also Paeaoraph 106 Bounty Land ; also Paragraph 10
AND 16 THIS Title.

23. SERVICE RECORD, OF.
DECISIONS OF THE SECRETARY OF THE INTERIOR.

(1) CaDDot be controverted by parol evidence.

Schurz, C, Secretary. Sept. 19, 1878. No. 2,668. Martin, Betsey. O. W. andN. Vol. 2, p. 14.
Delano, C, Secretary. July 10, 1874. No. 28,204. Ash, Moses. Vol. 3, p. 268.

(2) Cannot be controverted by the certificate of the* adjutant-gen-
eral of a State.*

Delano, C, Secretary. Mar. 14, 1873. Nb. 2,185. Bacon, Isaac. Vol. 1, p. 323.

(3) Cannot be controverted by the certificate of a State auditor.*

Delano, C, Secretary. July 10, 1874. No. 2,790. Hansford, John. Vol. 3, p. 269.

(4) Cannot be controverted by parol evidence as to travel, when the
record shows that mileage was allowed.

Schurz, C, Secretary. Mar. 4, 1880. No. 27,803. Young, Eosa. Vol. 7, p. 244.

24. SERVICE RECORD OP COMPANY NECESSARY.
DECISIONS OF THE SECRETARY OF THE INTERIOR.

(1) Before parol evidence can be accepted to show individual service.

Chandler, Z., Secretaiy. Nov. 24, 1875. B. L. App. No. 331,486. Vaiian, Fi-ancois. Vol. 4, p.

154. O. W. and N. Vol. 1, p. 31.
Schurz, C, Secretary. Sept. 3, 1878. No. 12,535. Goodrich, Phebe. O. W.andN. Vol. 2, p. 15,

See (3), (4), and (6), Paragraph 16 this Title.

(2) Historical evidence of service may be accepted where no record
of company is found in any Department.

Schurz, C, Secretary. Apr. 19, 1879. Ctf. No. 25,110. Dudley, Edmoud. Vol. 6, p. 305. O. W.
and N. Vol. 2, p. 98.

See (3) (4), and (6) Paragraph 16 this T^itle.

RUX-ING OF THE COMMISSIONER OF PENSIONS.

EULING No. — . January 6, 1879.
Parol testimony can be accepted to establish the service of a mem-
ber of the regimental band where there is a record of the regiment.

ctf. No. 24,889. McDonald, John. O. W. and N. Vol. 2, p. 18.

See. {3)^ (4), and (6) Paragraph 16 this title j aho Para-
graph 105 Bounty-Land.

25. SIX NATIONS, SENECA INDIANS.
DECISIONS OF THE SECRETARY OF THE INTERIOR.

(1) Seneca Indians are not entitled. Reversed. See next.

Delano, C, Secretary. July 1, 1875. Ctf. No. 8,G9.j. Black Squirrel. Vol.4, p. 85.

* The records of the States of Massachusetts and Maine for War of 1812 are simply
copies, made from records of the General Government on lale in the office of th« Third
Auditor, United States Treasury.

PENSION LAWS, DECISIONS, &C. 455

SEiRVICE iPENSIONS, WAR OF 1812— Continued.

(2) AVarriors of the Six Nations w ho were in the service of the United
States were enlisted men and are entitled to pension.

Schnrz, Secretary. July 26, 1879. No. 13,114. Jimisoii. Isaac. Vol.6, p. 415. 0. W. and N.

Vol. 2, p. 173.
Bell,^., Actinc Secretary. July 28, 1879. Ctf. No. 25,594. Jacobs. Thomas. Ctf. No. 33,241.

Pattison, William. Ctf. No. 22,410. Titus, John. O. W. and N. Vol. 2, p. 172.

26. SOLDIERS' HOME.-
DECISION OF THE SECRETARY OF THE INTERIOR.

(1) Is not entitled to receive the pensions of inmates who are 1812
service pensioners^.

Cowen, B. R., Acting Secretary. Oct. 6, 1874. Ctf. No. 3,845. Mortimer, William. Vol. 3, p. 324.

See Soldiers^ Homes.

27. STATE TROOPS, SERVICE BY.
DECISION OF THE SECRETARY OF THE INTERIOR.

(1) Troops in the service of a State during the war of 1812 who were
not mustered into the service of the United States, and for whose serv-
ices the State was not reimbursed by the United States are not en-
titled to pension.

Schurz, C, Secretary. Aug. 8, 1877. No. 833. Smith, Rebecca S. O.W.andN. Vol.1, p. 36.

See Paragraph 75 Bounty- Land. *

28. TITLE.

Section 4736, Revised Statutes.

The Secretary of the Interior is directed to i^lace on the pension-roll
the names of the surviving officers and enlisted and drafted men, in-
cluding militia and volunteers, of the military and nav^al service of the
United States, who served sixty days in the war with Great Britain, of
eighteen hundred and twelve, and were honorably discharged, and such
other officers and soldiers as may have been personally named in any
resolution of Congress for any specific service in that war, although
their term of service may have been less than sixty days, subject, how-
ever, to the provisions of section forty-seven hundred and sixteen.

Sec. 1, 14 Feb., 1871 ; see act 9 Mar., 1878.

Section 4738, Revised Statutes.

The surviving widows of such persons as are embraced within the
provisions of the two preceding sections shall be allowed, on the con-
ditions and limitations therein expressed, the same pension that such
persons themselves would have-been entitled to receive thereunder if
living on the fourteenth day of February, eighteen hundred and seventy-
one : Provided^ however^ Such widows were married to the husbands, on
account of whose services the pension is claimed, prior to the treaty ot

456 PENSION LAWS, DECISIONS, &C.

SERVICE PENSIONS, WAR OF 1812— Continued.

peace which terminated the war of eighteen hundred and twelve, and
have not remarried.

Sec. 1, 14 Feb., 1871 ; see act 9 Mar., 1878.

Act of Congress approved March 9, 1878.

AN ACT amending the laws granting pensions to the soldiers and sailors of the war
of eighteen hundred au^l twelve, and their widows, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled^ That the Secretary of the In
terior be, and he is hereby, authorized and directed to place on the
pension-roll the names of the surviving officers and enlisted and drafted
men, without regard to color, including militia and volunteers, of the
military and naval service of the United States who served for fourteen
days in the war with Great Britain of 1812, or who were in any engage-
ment and were honorably discharged, and the surviving widows of such

ofiScers and enlisted and drafted men.

♦ * # ♦ * * *

See sees. 4736 to 4740, inclusive, R. S.

Sec. 6. • * * jLW(i|?roi;ic?e<Z/Mr^/ier, That under this act any widow,
.of a Revolutionary soldier who served for fourteen days or was in any en-
gagement shall be placed on the pension-rolls of the United States and
receive a pension at the rate of $8 per month.

Sec. 7. That all laws and clauses of laws in conflict with this act be,
and they are hereby, repealed.

29. WAIVER.
DECISION OF THE SECRETARY OF THE INTERIOR.

(1) Waiver of rights under the act of February 14, 1871, by a claim-
ant under that act, subsequently claiming under act of March 9, 1878,
is not required, and would not bar the prosecution of his claim under
the act of 1871.

Schurz, C, Secretary. May 10, 1878. No. 13,031. Coley, John. O. W. and N. Vol. 1, p. 104.
[The waiver referred to wus a requin'ment of an office circular issued soon after the passage of

the act of March 9, 1878, and was required as evidence of identity, continued widowhood, &c.,

as well as a waiver of rights under former act. J

SIOUX INDIAN MASSACRE AT NEW ULM, MINN., AUGUST 23, 1862.

DECISION OF THE SECRETARY OF THE INTERIOR.

Volunteers or militia, not regularly mustered into the service of tht^
United States, although not under the orders of a United States officer,
or serving with any regularly organized military force of the United
States, who have rendered service in any engagement with rebels
against the United States, or with Indians at war with the United States,
and so recognized by the authorities of the United States at the time

PENSION LAWS, DECISIONS, &C. 457

SIOUX INDIAN MASSACRE— Continued.

of the eugagement, are entitled to peDsion iiDder paragraph 3, section
4693, Revised Statutes.

Chandler, Z. Secretary. May 27, 1876. Ctf. No. 173,889. Luskey, Johanna. Vol.4, p. 306.

[Note.— This decision was rendered with reference to the militia of Brown County, Minnesot^i,
called out by the authorities of that State at the time of the outbreak of the Sioux Indians.
United States troofis had been ordered to repel the attack, but had not anived when the ac-
tion took place ut Xew Uhu, August 23, 1862, and no United States otficers were present.
This decision reversed a decision of Secretary Cox (J. I).), in same case, dated October 21,
1870, and one of Secretary Columbus Delano in case of th« minors of Max Haack, certficate
No. 205.934, May 27, 1871, vol. 1, p. 105. It was substantially reversed by decision of Secretary
Carl Schurz, in case of Jacob Nix, certificate No. 216,948, August 7, 1877, vol. 5, p. 170, and waa
finally reatfirnied by decision of Secretary H. M. Teller, in case of Max Haack, above re-
ferred to, March 4, 1864, vol. 11, p. 143. All claims of this class are now subject (o the limi-
tation imposed by t)aragrapli 3, section 4693, Eevised Statutes, and, unless completed prior to
July 4, 1874, must be lejected.]

IIULIXG OF THE COMMISSIONER OF PEJ^SIONS.

Ruling No. 03. May 17, 1876.

The words " or who otherwise volunteered and rendered service in
auy engagement with rebels or Indians," in paragraph 3 of section
4G93, Revised Statutes, are construed to include. only persons who ren-
dered service to tlie General Government.

Persons rendering service simply to the local inhabitants or authori-
ties, municipal or State, are not included.

SIX NATIONS INDIANS), WAR OF 1812.

See Service Pensions, War of 1812, par. 25.

SOLDIERS' HOMES.

Section 2, act of February 26, 1881.

" All pensions payable, or to be paid under this act, to pensioners
who are inmates of the National Home for Disabled Volunteer Soldiers,
shall be paid to the treasurer or treasurers of said home, upon receipt
given to the satisfaction of the managers to be disbursed for the benefit
of the pensioners without deduction for fines or penalties under regula-
tions to be established by the managers of the home ; said payment to
be made by the pension agent upon a certificate of the proper ofi&cer of
the home that the pensioner is an inmate thereof, and is still living.
Any balance of the pension which may remain at the date of the pen-
sioners discharge shall be paid over to him ; and in case of his death
at the home, the same shall be paid to his widow, or children, or in de-
fault of either to his legal representatives."

See act 7 Aug., 1882.

Act of August 7, 1882, provides :

" That all pensions and arrears of pensions payable to or to be paid
to peuvsioners who are or may become inmates of the National Home for
Disabled Volunteer Soldiers shall be paid to the treasurers ot said home,

458 PENSION LAWS, DECISIONS, &C.

SOLDIERS' HOMES— Continued.

to be applied by such treasurers provided by law, under the rules aud
regnhitioiis of said home. Said payment shall be made by the pension
agent ujjou a certificate of the i^roper officer of the home that the pen-
sioner is an inmate thereof on the day to which said pension is drawn.
The treasurers of said home, resi)ectively, shall give security, to the sat-
isfaction of the managers of said home, for the payment and application
by them of all arrears of pension and pension-moneys they may receive
under the aforesaid provision. And section two of the act entitled 'An
act making appropriations for the payment of invalid and other pen-
sions of the United States for the fiscal year ending June thirtieth,
eighteen hundred and eighty-two, and for deficiencies and for other
purposes,' approved February twenty-sixth, eighteen hundred and
eighty-one, is hereby revived and continued in force."

See act 26 Feb., 1881.

Section 4, act of March 3, 1883, prescribing regulations for the Soldiers'
Home^ located at Washington^ D, C, provides —

" That any inmate of the Home who is receiving a pension from the-
Government and who has a child, wife, or parent living, shall be en-
titled, by tiling with the pension agent from whom he receives his money,
a written direction to that effect, to have his pension, or any part of it,
j)aid to such child, wife, or parent. The pensions of all who now are or
shall hereafter become inmates of the Home, except such as shall be
assigned as aforesaid, shall be paid to the treasurer of the Home. The
money thus derived shall not become a part of the funds of the Home,
but shall be held by the treasurer in trust for the pensioner to whom it
would otherwise have been paid, and such part of it as shall not sooner
have been paid to him shall be paid to him on his discharge from the
institution. The board of commissioners may from time to time pay
over to any inmate such part of his pension-money as they think best
for his interest and consistent with the discipline and good order of the
Home, but such pensioner shall not be entitled to demand or have the
same so long as he remains an inmate of the Home. In case of the
death of any pensioner, any pgnsion-money due him and remaining in
the hands of the treasurer shall be paid to his legal heirs, if demand is
made within three years j otherwise the same shall escheat to the Home.''

An act mahing appropriations for the sundry civil expenses of the Gov-
ernment for the fiscal year ending June 30, 1883, provides —

" That, in addition to the persons now entitled to admission to said
hospital" (the Government Hospital for the Insane), '' any inmate of the
National Home for Disabled Volunteer Soldiers who is now or may heie
after become insane, shall, ui)on an order of the i)resident of the board
of managers of said National Home, be admitted to said hospital and
treated therein ; and if any inmate so admitted from said National Home
is or thereafter becomes a pensioner, and ha^ neither wife, minor child.

PENSION LAWS, DECISIONS, &C. 459

SOLDIERS' HOMES— Continued.

uor parent dependent on biin in whole or in part for support, his arrears
and his pension-money accruing during the period he shall remain in
said hospital shall be applied to his support in said hospital, and be
paid over to the proper officer of said institution for the general uses
thereof."

DECISIONS OF THE SECRETARY OF THE INTERIOR.

1. Soldier's Home not entitled to the pension of inmates who are pen-
sioned for service onlj^ in the war of 1812.

Mortimer, Wna. Delano, C, Secretary. Oct. 6. 1874. VoL 3, p. 324.

2. Pensioners who are inmates of National Military Homes are subject
to the regulations governing the same, and desertion therefrom does
not relieve them from their obligations thereto so far as their. pensions
are concerned. Their pensfon certificates should remain in the posses-
sion of the commandant of the Home until said pensioners are prop-
erly discharged therefrom.

McFarland, G. Ctf. No. 37,242. Chandler, Z„ Secretary. Mar. 3, 1876. Vol. 4, p. 220.

3. Soldiers' homes not authorized to collect arrears due a pensioner
under act of January 25, 1879, on assignment or otherwise.

Opinion of Attorney-General. Aug. 19, 1879. Vol. 7, p. 42. (Secretary's decisions.)

4. While a pensioner is an inmate of the Soldiers' National Home his
))oiision will be paid to the treasurer of that institution.

Woodworth, Milton L. Ctf. No. 186,896. Kiikwood, S. J., Secretary. May 5, 1881, and July 12,

1881. Vol. 8, pp. 220, 344.

SOUNDNESS.

Act of March 3, 1885.

^'Providedj That all applicants for pensions shall be presumed to have
had no disability at the time of enlistment : but such presumption may
be rebutted."

DEC S ONS OF THE SECRETARY OF THE INTERIOR.

1. A claimant's statement as to soundness in an application for life
isurance is not a bar to pension, provided the disability for which his
insion was granted still continues.

Sanderson, John W. Ctf. No. 1,959. Co wen, B. R., Acting Secretary. Nov. 4, 1875. Vol. 4, p.
141.

2. '< The fact that.a person was accepted into the military service is,
under ordinary circumstances, presumptive evidence that he was in
sound health. It has been held^ however, by the Department, that when
anything appears in the examination of a claim which tends to rebut

460 PENSION LAWS, DECISIONS, &C.

SOUNDNESS— Xlontinued.

such presumption, the facts of the case should be proved. It does not
appear proper that the established practice in this respect should be dis-
turbed."

Bordine, Benj. M. No. 243,695. Teller, H. M., Secretary. Sept. 22, 1882. Vol 9. p. 365.

In approving and commending Order Ko. 74 as '* both just and lib-
eral to the soldier," the honorable Secretary of the Interior, after quot-
ing the same, uses the following language, viz :

" This rule is both just and liberal to the soldier, and it should re-
ceive a liberal construction and be liberally carried out. Beyond this
the Government cannot be expected to go. It is not believed that proof
of soundness a;t the time of capture, and disability at the time of release
from prison, is in all cases sufficient to establish a claimant's right to
pension. To give it its broadest construction, such proof only raises a
presumption that the disability originated iji the service and in the line
of duty, that the Pension Office may act upon such presumption and
admit the claim without further evidence.

" It cannot be doubted that if the facts disclosed in the evidence are
sufficient to raise a doubt in regard to the validity of the claim, the Com-
missioner may require further proof of the origin of the disability, and
if such proof is not furnished it is his duty to reject the claim."

Fenner, William A. No. 196,783. Teller, H. M., Secretary. Mar. 8, 1883. Vol. 10, p. 149.
Leavitt, Edwin A. No. 410,724. Joslyn, M. L., Acting Secretary. July 26, 1884. Vol. 11, p. 315-

3> "It is not to be presumed that the soldier was a sound man because*
ho was accepted into the service ; but the service and disability being
proved, it does not require much evidence to establish soundness at the
time of enlistment. * * * It does not require as much evidence to
establish that fact (of prior soundness) as it does to establish the fact
of disability."

Wells, David H. No. 240,567. Teller, E. M., Secretary. Feb. 23, 1884. Vol. 11. p. 164.
RULINGS OF THE COMMISSIONER OF PENSIONS.

EULING No. 55. October 9 1876.
If the soldier claiming pension, or on whose account pension is claimed,
shall have experienced active field service for a term of six successi\ (^
months, without having been treated in a hospital subsequent to In.s
enlistment, he shall be presumed to have been sound at time of enlist
ing, unless the nature of the disease on account of which pension is
claimed is such that it cannot be attributed to his service.

Ruling No. 91. April 16, 1885.
Claimant, in 1863, presented a surgeon's certificate of disability, in
which he alleged as the reason for his resignation and discharge tlie ex-
istence of a disability with which he had been affected for years prior
to entering the service. In 1879 he filed an application for i)ension lor
said disability, alleging that the same was iwicurred in the service and

PENSION LAWS, DECISIONS, *lC. 461

SOUNDNESS— Continued.

line of duty. Thus it appears that after sixteen years exemption from
military service under the recitals of the surgeon's certificate of disabil-
ity, and after the passage of the arrears acts of January 25 and March
3, 1879, he seeks to controvert the statement contained in the said cer-
tificate: Jleldj that, under such circumstances, nothing but the most
overwhelming proof creating an actual demonstration, and showing that
the claimant had been imposed upon by his surgeon and by the officers
who accepted his resignation, and that he has been ignorant through all
these years of the recitals referred to, would be sufficient to entitle his
claim to favorable consideration.

Xorton, Augustus. App. No. 287,454.

SPECIAL ACTS.

See Section 4715, Revised Statutes, under Pensions.

Section 4720, Revised Statutes.

When the rate, commencement, and duration of a pension allowed by
special act are fixed by such act, they shall not be subject to be varied
by the provisions and limitations of the general pension law; but when
not thus fixed tlie rate and continuance of the pension shall be subject
to variation in accordance with the general laws, and its commencement
shall date from the passage of the special act, and the Commissioner of
Tensions shall, upon satisfactory evidence that fraud was perpetrated
in obtaining such special act, suspend payment thereupon until the pro-
priety of repealing the same can be considered by Congress.

Sec. 27, 3 Mar., 1873 ; sec. 15, 27 July, 1868 ; sec. 1, 7 July, 1870.

Section 4720, Revised Statutes, amended hy act of June 6, 1874, as fol-
lows:

^'' Be it enacted hy the Senate and House of Eepresentatives of the United
States of America in Congress assembled, That all persons entitled to pen-
sions under special acts fixing the rate of such pensions, and now re-
ceiving or entitled to receive a less pension than that allowed by the
general pension laws under like circumstances, are, in lieu of their pres-
ent rate of pension, hereby declared to be entitled to the benefits and
subject to the limitations of the general pension laws, entitled 'An
act to revise, consolidate, and amend the laws relating to pensions,^ ap-
proved March third, eighteen hundred and seventy-three; and that
this act go into effect from and after its passage : Provided^ That this.
act shall not .be construed to reduce any pension granted by special act."

Section 5 of act of July 25, 1SS2, provides :

"That no person who is now receiving or shall hereafterreceive a pen-
sion under a special act shall be entitled to receive in addition thereto
a pension under the general law, unless the special act expressly states

462 PENSION LAWS, PE«ISIONS, &C.

SPECIAL ACTS— Continued.

that the peusion granted thereby is in addition to the pension which
said person is entitled to receive under the general law."

DECISIONS or THE SECRETARY OF THE rNTERIOR.

1. A si)ecial act pension inures and commences only from* the date of
the passage of the act granting it which, in the absence of an express
provision, should be construed to be prospective in its purpose and ef-
fect.

Taylor, Francis, widow of. App. Xo. 166,615 Harlan, James, Secretary, Apr. 11, 1867. Vol.
1, p. 54.

2. Formal application must be made for a pension granted by special
act, in the same manner as if no such act had been passed.

Webster, Timothy widow of. Cox, J. D., Secretary. Apr. 5. 1870. Vol. 1, p. 80.

3. Pensions under special acts not affected by section 13, act of July

27, 1868.

(Note. — In cases where the special act does fix the rate of peusiou, the same is suh-
ect to variation under the laws in force when such pensions become due and payable.
Act Julys, 1870.)

Instructions: Cox, J. D., Secretary. May 6, 1870. Vol. 2, p. 199.

4. Where beneficiary named in special act granting pension dies
without having made formal application therefor no benefit can accrue
to any one.

Bennett, George, widow of. App. No. 114,939. Cox, J. D., Secretary. Aug. 31, 1870. Vol. 2,
p. 201.

5. Where a special act does not designate the date when the pension
granted thereby shall commence, it cannot be made to begin prior to
the passage of the act.

Wlnans, George W., mother of. Navy ctf. No. 224. Delano, C, Secretary. Jan. 11, 1872. Vol.
1, p. 137. Morgan, Peter K. Ctf. No. 25,458. Schurz, C, Secretary. Jan. 27, 1881. Vol.
8, p. 120. Rodden, Joseph B. Ctf. No. 103,010. Cowen, B. R., Acting Secretary. Nov. 3,
1875. Vol. 4, p. 139-

6. Pensions under special acts are governed by act of June 6, 1874,
but not to be reduced.

Raferty, Patrick, minors of. Ctf No. 157,188. Delano, C, Secretary. Oct. 12, 18*74. Vol. :?, p.
322.

7. In a case where the act designates the relation of a i)ersoii other
than what the facts in the case show : Held^ that the petition and re-
port of committee is suflBcient to guide its interpretation.

Thompson, Elizabeth, mother of Goodwin, Moses. Delano, C, Secretary. Nov. 18, 1874. Vol.
3, p. 354.

8. Attorneys allowed fee of $10 only in special act cases.

Johnson, Edwin. Ctf. No. 129,642. Delano, C, Secretary. Nov. 19, 1874. Vol. 3, p. 356.

9. (1) The identity of beneficiaries under special acts is all that is
necessary to be established before their names are placed on the pen-
sion-roll.

Hensley, Ann. Chandler, Z., Secretary, Apr. 7, 1876. Vol. 4, p. 253.

PENSION LAWS, DECISIONS, &C. 463

SPECIAL ACTS -Continued.

(2) Where tbe identity of a special act pensioner is sufficiently estab-
lished by evidence on file in a pending claim for pension under the gen-
eral law no new declaration need be required.

Bulk, Harvey. Schurz, C, Secretary. Dec. 10, 1880. Vol. 8, p. 67.

10. Remarriage of widow prior to passage of special act for her ben-
efit should be reported to Congress, and payment of pension withheld
a reasonable time pending Congressional action.

Mary H., former widow of Bartlott, E. W. App. No. 87,149. Chandler, Z., Secretary. Apr. 7,
1876. Vol. 4, p. 355.

AN ACT granting pension to L. Adelia Foster.

11. Be it enacted hy the Senate and Rouse of Representatives of the
United States in Congress assembled, That the Secretary of the Interior
be, and he is hereby, authorized and directed to place on the pension -
roll, subject to the provisions and limitations of the pension laws, the
name of L. Adelia Foster, widow of George Foster, late acting major
of the Sixty-seventh New York Volunteers, and to pay her a pension
as the widow of a major in lieu of the pension as the widow of a cap-
tain which she is now receiving.

Approved June 10, 1872.

The pensions granted to widows by special acts of Congress cannot
be extended to their minor children in case of their death, unless provis-
ion for such extension is made in the act.

Foster, George and L. Adelia, minors of. Ctf. Xo. 171,129. Chndler, Z., Secretary. Jnne 3, 1876.
Vol. 4, p. 171.

12. Rates fixed by special acts cannot be varied under the general
law.

Mills, Austin R. Schurz, C, Secretary. May 17, 1877. Vol. 5, p. 111.
Hedrick, Hiram. Delano, C, Secretary. Feb. 17, 1873. Vol. 1, p. 283.
Dulaney, Jane. Schurz, C. Secretary. Mar. 15, 1879. Vol. 6, p. 278.

13. The widow of a soldier who was pensioned under special act is
not entitled to succeed to the rights of her deceased husband.

Wilson, Marcellus, widow of. O. W. No. 19,604. Schurz, C, Secretary. June 27, 1879. Vol.

6, p. 381.
[KOTE.— The principle involved in the above decision was aflBrmed by the" Court of Claims on

demurrer of tbe widow of General Ward B. Burnett, certificate No. 3,851, in the Spring of

1885, and has recently been re-aflirmed by the Supreme Court of the United States in the

same case.

14. Pensioners, under the provisions of special acts, are not entitled
to arrears under the provisions of the acts of January 25 and March 3,
1879. There is nothing in those acts " which can be construed as re-
pealing or in any manner modifying" section 4720 of the Revised Stat-
utes fixing the commencement of pension in special-act cases.

Woodson, Edwin. Ctf. No. 112,891. Schurz, C, Secretary. Sept. 11, 1879. Vol. 6, p. 459. {Vide

Bradley, Zemis. No. 122,787. Schurz, C, Secretary. Sept. 19, 1879. Vol. 6, p. 476.
Jkliddleton. Richard. Ctf. No. 1GJ,301. Kirk^rood, S. J. Secretary. Sept. 30, 1881. Vol. 8, p, 430.

464 PENSION LAWS, DECISIONS, &C.

SPECIAL ACTS— Continued.

15. A pension granted by special act should be suspended when it is
learned that it was obtained by fraud, and the papers should be trans-
mitted to Congress, as prescribed by section 4720, Revised Statutes.

Garlic, Frederick A. Bell, A., Acting Secretary, May 31, 1880. Yol. 5, p. 266.

16. Pension in this case was granted by special a5t of Congress, and,
on "satisfactory evidence that fraud was perpetrated in obtaining such
special act," the payment thereof was suspended until " the propriety
of repealing the same can be considered by Congress ;" and for th.at
purpose the papers in the case were referred to the Forty-seventh Con-
gress at its first and again at its second session, and they were re-
turned to this office *^ without action on the part of Congress."

Tbereupon the pensioner claimed payment of his i^ension.

This was refused, and an appeal was entered ; on which the action of
this "office in withholding the pension until the matter can be acted on
by Congress " was approved, and directions given to have the i)apers
again laid before Congress at its next session.

Gordon, Jerry. Ctf. No. 105,380. Teller, H. M., Secretary. Apr. 9, 1883. Vol. 10, p. 269.
AN ACT granting increase of pension to Ward B. Burnett.

17. Be it enacted hy the Senate and Souse of Representatives of the
United States of America in Congress assembled ^ That the Secretary of
the Interior be, and he is hereby, authorized and directed to place on
the pension-roll the name of Ward B. Burnett and pay him a pension
of $50 per month in lieu of pension he now receives, but nothing in
this act contained shall entitle the said Ward B. Burnett to arrears of
pension.

Approved March 3, 1879.

A party receiving a pension of $50 per month under a special act of
Congress is not entitled to increase to $72 per month under the act of
June 16, 1880.

BuiTiett, Ward B. Mexican War. Ctf. No. 3,851. Bell, A., Acting Secretary. Aug. 26, 1880.
Vol. 7, p. 466.

Vide same case. Schurz, C, Secretary. Dec. 20,1880. Vol. 8, p. 95. * Opinion of Attorney-
General Jnly 20, 1881. Vol. 8, p. 374, Also subsequent opinion of Attorney -Gen oral in 1882,
and decision of Court of Claims on demurrer, in case of the widow of Ward B. Bunietl, deny,
ing her right to receive as such widow the same amount of pe nsiou lier husband was roceiv-
ing at the time of his death. Decision of Court of Claims recently affirmed by Supreme
Court of th^ United States on app(;al.

18. Daniel McAlpin was enrolled on the 24th day of May, 1814, and
served in Capt. G. G. Steele's company. Sixteenth United States In-
fantry. The inspection return for April 30, 1815, bears the report that
he deserted March 15, 1815. In February, 1875, Mr. McAlpin filed an
application for pension under sections 4736 and 4737, Kevised Stat-
tates. This claim was rejected for the reason that he was borne on the
official record as a deserter. By an act approved March 3, 1885, Con-

* Decision of the Supreme Court of the Uaited States in case of United States v». Teller, 17 Otto, p.64.

PENSION LAWS, DECISIONS, &C. 465

SPECIAL ACTS— Continued.

gress removed the charge of desertion against the claimant, and directed
that his name be placed on the pension-roll. He was thereupon allowed
a pension from date of the passage of the special act, in accordance
with the ])rovisions of section 4720, Eevised Statutes. It was subse-
quently claimed on behalf of Mr. McAlpin that the charge of desertion,
which was the only bar to his receiving a pension under the general
law, having been removed, he was, by virtue of the provisions of section
4715, Eevised Statutes, entitled to waive his right under the special
act and to receive a pension under the general law, commencing from
February 14, 1871.

On appeal from the action of the Pension Office rejecting this latter
claim it was kelcl, that where a special act granting a pension does not
tix the date for its commencement, the case in this respect is subject to
the provisions of section 4720, Eevised Statutes, and that the pension
must commence from the date of the passage of the act.

McAlpin, Daniel. No. 25,679. War of 1812. Jenks, G. A., Assistant Secretary. Aug. 10, 1885.
Vol. 12, p. 37.

19. A special act of Congress, approved July 5, 1884, directed that the
name of a coutidential scout and guide be placed on the pension-rolls,
subject to the provisions and limitations of the pension laws, as though
he had been regularly mustered into the United States Army. A claim
had been filed under the genial law, imor to July 1, 1880. Upon ap-
peal it was held, that the pension should be made to commence from the
(late of discharge, as it was the intention of Congress to place him in
the position of one who had been regularly mustered into service.

See decision of M. L. Joslyu, Acting Secretary, in the case of William J. Lee. Ctf. No. 276,076.
Oct. 22, 1884. O. W. and N. VoU3, p. 289.

RULINGS OF THE COMMISSIONER OF PENSIONS.

EULING Ko. 65. February 1, 1881.
Hereafter when a pension is granted under the provisions of a special
act of Congress, a c^eclaration for pension thereunder by the beneficiary
will not be required : Provided, He or she had, at the date of its pas-
sage, a claim on file in this office, under the provisions of the general
l)ension laws.

EULING No. 129. Auf/ust 10, 1885.
Where a pension is granted by special act of Congress and no date
->r the commencement of said pension is fixed in said act, it will be
made to commence from the date of the passage of the act.

Walker, Alviu. Ctf. No. 232,861. Order book, p. 86.

In the case of Martha E. Breese, under date of May 10, 1885, John C.
Black, Commissioner of Pensions, decided that "where a widow's pen-
sion is increased from $30 to $50 per month by a special act of Con-
gress, she is not deprived thereby of the right to draw $2 per month
7018 PEN 30

466 PENSION LAWS, DECISIONS, &C.

SPECIAL ACTS— Continued.

aclditioiial for the care aud isupport of each of the soldier's minor
children."

Ruling No. 149. November 24, 1885.
No more than one i)ension can be allowed to any person. When a
claim nnder the general law has been rejected and a special {ict grant-
ing a pension to the claimant has subsequently passed, and the com-
mencement of such special act pension is fixed either by its terms or
by section 4720, Eevised Statutes, such determination of the date is
evidence of the legislative intent that in such case the pension shall
not commence at an earlier date, and therefore it is held, that the pen-
sioner is not entitled to further relief under the general law.

Fried, David. Ctf. No. 290,979.

Ruling No. 152. November 25, 1885.

When it is discovered that a special act granting a pension* was ob-
tained through false aud fraudulent representations payment thereun-
der should be suspended and the papers in the case forwarded to Con-
gress, that the propriety of repealing the special act may be considered,
as provided by section 4720, Revised Statutes.

After the attention of Congress shall have been thus called to the
matter, and when the papers in the case are returned to the Pension
Office without action, the special act will be regarded as being still in
force and payment of pension thereundei" will be resumed.

Wilson, John E. Ctf. No. 110,400.

ORDER OF THE COMMISSIGISTER OF PENSIOSTS.

Order No. 51. August 14, 1877.
The chiefs of the several divisions of the office shall hereafter keep a
record of all claims which although meritorious, cannot be allowed
under the provisions of the pension laws, in order that a list of all claim-
ants for pension, or increase of pension, who, in the opinion of the Com-
missioner, ought to be placed upon the pension-rolls, or otherwise pro-
vided for, and for doing which there is no sufficient power or authority,
can be presented to Congress, as provided by joint resolution approved
May 29, 1830.*

* The joint resolutiou above referred to is as follows :

Resolved by the Senate and House of Bepreseniatives of the United States of America in
Congress assembled, That the heads of departments who may severally [be] charged
with the administration of the jiension laws of the United States of America, be, and
they hereby are, respectively, directed and required as soon as may be after the open-
ing of each session of Congress to present to the Senate and House of EepresentativeSj
a several list of such persons, whether revolutionary, invalid, or otherwise, as shalL
have made an application for a pension, or an increase of pension, and as in their
opinion, respectively, ought to be placed upon the pension-roll, or otherwise provided
for, and for doing which they have no sufQcieut power or authority, with the names
and residence of such persons, tbe capacity in which they served, the degree of relief
proposed, and a brief statement of the grounds thereof, to the end that Congress
may consider the same. (Approved May 29, 1830.)

PENSION LAWS, DECISIONS, &C. 467

SPECIAL ACTS— Continued.

Such record shall embrace the name of the claimant, service, and res-
idence, number of the claim, nature of the disability, or basis of the claim,
the grounds for its rejection, and such remarks touching its merit as
may be necessary in the preparation of the Commissioner's report.

SPECIAL CASES.

OBDEBS OF THE COMMISSIONEB OF PENSIONS.

Order Ko. 66. Octoher 3, 1881.

No case outside of the number reached for action will be made special,
unless the reasons therefor, in Wxiting, shall, in the judgment of the
Commissioner, be deemed sufficient for such action.

Cases in which primary action has been had may be taken up for
special action upon the written representation of responsible persons
that necessity for early action exists, or that a case is shown to be com-
plete.

Cases under this rule indorsed special by deputy commissioners or
chief clerk will be respected without the indorsement of the Commis-
sioner, by whom they are hereby delegated to act.

A record of special action under this order will be made upon the
books kept for that purpose by the Commissioner.

Order No. 108. Jafiuary 23, 1885.
Owing to the pressure brought to bear from all quarters to take cases
out of their regular order, and as at this late date poverty and hardshii>
from further delay can be alleged of almost every applicant alike; there-
fore cases will be taken out of their order only when such cause therefor
is shown to the Commissioner in writing as would satisfy the other
worthy claimants whose claims precede it, should they know the facts,
that such action is proper. Hereafter no case will be advanced that is
not brought clearly within this rule.

Extract from circular to chiefs of divisions, dated March 20, 1885.

'*2. No cases will be made special except by the personal authoriza-
tion of the Commissioner."

SPECIAL EXAMINERS AND SPECIAL EXAMINATIONS.
Section 4744, Revised Statutes.

The Commissioner of Pensions is authorized to detail, from time to
time, clerks in his office to investigate suspected attempts at fraud on
the Government, through and by virtue of the provisions of the pension
law, and to aid in prosecuting any person so offending, with such ad-
ditional compensation as is customary in cases of special service ^ any

468 PENSION LAWS, DECISIONS, &C.

SPECIAL EXAMINERS AND SPECIAL EXAMINATIONS— Continued.

person so detailed sball have the power to administer oaths and take
affidavits in the course of any such investigation.

Sec. 30, 3 Mar., 1873 ; sec. 12, 14 July, 1862 ; aec. 4, 4 July, 1864.

Amended by act of July 25. 1882, asfollotcs :

" The Commissioner of Pensions is authorized to detail from time to
time clerks or persons emi)loyed in his office to make special examina-
tions into the merits of such pension or bounty-land claims, whether
pending or adjudicated, as he may deem proper, and to aid in the prose-
cution of any party appearing on such examinations to be guilty of
fraud, either in the presentation or in procuring the allowance of such
claims ; and any person so detailed shall have power to administer
oaths and take affidavits and depositions in the course of such exami-
nations, and to orally examine witnesses, and may employ a stenographer,
when deemed necessary by the Commissioner of Pensions, in important
cases, such stenographer to be paid by such clerk or person, and the
amount so paid to be allowed in his accounts.

'^Sec. 3. That in addition to the authority conferred by section one
hundred and eighty-four, title four of the Eevised Statutes, any judge
or clerk of any court of the United States in any State, District, or Ter-
ritory sh^U have power, upon the application of the Commissioner of
Pensions, to issue a subpoena for a witness, being within the jurisdiction
of such court, to appear, at a time and place in the subpoena stated, be-
fore any officer authorized to take depositions to be used in the courts
of the United States, or before any officer, clerk, or person from the
Pension Bureau designated or detailed to investigate or examine into
the merits of any pension claim and authorized by law to administer
oaths and take affidavits in such investigation or examination, there to
give full and true answers to such written interrogatories and cross-
interrogatories as may be propounded, or to be orally examined and
cross-examined upon the subject of such claim; and witnesses sub-
poenaed pursuant to this and the preceding section shall be allowed the
same compensation as is allowed witnesses in the courts of the United
States, and paid in the same manner.^^

An act maJcinff appropriations for the legislative, executive, and judicial
expenses of the Government for the fiscal year ending June 30, 1885, jrro-
vides:

*' For an additional Ibrce of one hundred and fifty special examiners
for one year, at a salary of one thousand six hundred dollars each, two
hundred and forty thousand dollars ; and no person so appointed shall
be emi^loyed in the State from which he is appointed: Provided, That
all of said appointments shall be temporary and on probation."

Approved July 7, 1884.

PENSION LAWS, DECISIONS, &C. 469

SPECIAL EXAMINERS AND SPECIAL EXAMINATIONS— Continued.

A}i act maJcing appropriations for the legislative^ executive, and judicial
expenses of the Government for the fiscal year ending June 30, 1886, pro-
rides :

" For an additional force of one hundred and fifty special examiners,
for one year, at a salary of one thousand four hundred dollars each, two
hundred and ten thousand dollars; and no person so appointed shall
be employed in the State from which he is appointed ; and any of those
now employed in the Pension Office, or as special examiners, may be
reappointed if they are found to be qualified."

Approved March 3, 1885.

DECISIOJfS OF THE SECRETARY OF THE INTERIOR.

1. The opinions of special examiners as to a claimant's disability are
of no value if they are opposed to competent medical evidence.

Grensel, Nicholas. Ctf. No. 104,844. Delano, C, Secretary. Mar. 4, 1874. Vol.3, p. 120.

2. Evidence obtained by special investigation should not be furnished
to attorneys or claimants.

Nieller, Isaac. Delano, C, Secretary. Sept. 19, 1874. Vol.3, p. 311. (Ftde Snell, M. N. Ctf.
No. 16,431. Chandler, Z., Secretary. Mar. 18, 1876. Vol. 4, p. 222.)

3. Special examiners detailed under section 4744, Kevised Statutes,
will not be allowed the additional compensation when emploj^ed at the
seat of Government for any services rendered within the Pension Office
iii connection with the investigation of fraud.

Instructions : Cowen, B. R., Acting Secretary. Oct. 2, 1875. VoL 4, p. 127.

4. Names of witnesses testifying adverse to the claim will not be
furnished to parties in interest.

Hill, William A. App. No. 27, 880. Schnrz, C, Secretary. Jan. 21, 1879. Vol. 6, p. 236.

5. Keports of special examiners are not to be inspected by attorneys
or claimants, and names of witnesses not to be communicated.

Farley, A. P. W., widow of Farley, P. M. App. N"o. 238,570. Bell, A., Acting Secretary. Oct.
3, 1879. Vol. 7, p. 8. ( Vide Taylor, G. S. App. No. 186,484. Schnrz, C, Secretary. June
24,1880. Vol.7, p. 306.)

6. '* The papers (in this case) show that the usual notice was served
upon the appellant informing him of his privilege of being present, in
person or by attorney, during the special examination and of cross-ex-
amining the witnesses and of introducing any material evidence on his
own behalf if he so desired j and also that he was asked whether he de-
sired to be present and replied : * I don't desire particularly to be pres-
ent; * * * if there is any particular ones you wish to examine and
you will let me know I will be present if I choose to be ; ' also, that at
the close of the examination he stated that he ' was kflbrded ample op-
portunity and facility for being present during the examination of wit-
nesses, and was present at th6 examination of some, but not at others,'

• ♦ * but that * all was read ' to him. He was asked if he was

470 PENSION LAWS, DECISIONS, &:C.

SPECIAL EXAMINERS AND SPECIAL EXAMINATIONS— Continued.

fully satisfied with the manner and form in w.hicli the examination had
been conducted, and replied * I am fully satisfied as far as you are con-
cerned and have no fault to find,^'

The Department finds, therefore, that the appellant has '^no just
ground of complaint so far as the conduct of the second special exami-
nation is concerned. If he did not choose to avail himself of his i)rivi-
lege of being present at the examination of witnesses he cannot now
take advantage of his own laches to impeach the fairness of said exami-
nation. The first examination was conducted on the ex xjarte system
then in vogue, but there is no evidence of bias against the appellant
on the part of either the examiner or the witnesses."

Fanning, George W. Ctf. No. 138,348. Teller, H. M., Secretary. Feb. 21, 1884. Vol. 11, p. 145.
OEDERS OF THE COMMISSIONER OF PEXSTOXS.

Order No. 76. March 6, 1882.
All cases submitted for special examination shall be accompanied by
a slip signed by chief of division referring the case, stating exi)ricitly
just what points should be inquired into, and the reasons therefor.
When purely medical questions are involved the direc^tions of tbe Medi-
cal Referee, as to points for examination, should be included in above.
The slip should also state that all necessary and accessible evidence
from the several Departments has been obtained, and tbat all the evi-
dence, including post-office address of witnesses, has been properly
briefed. The object of this order is to confine the investigation to the
vital points at issue, and not have time wasted on non-essential matters.

Order No. 112. May 2, 1885.
No case must be referred for special examination without the author-
ity of the chief of the division from which the reference is made, and the
chief of the Special Examination Division is authorized an<l directed to
return all cases sent to him without such authority.

Order No. 115. May 15, 1885.

I. When matters are referred to the Special Examination Division, it
is made the duty of the person referring them to indicate precisely the
point upon which the special examination is required. Cumulative
evidence upon points already established and not in controversy is not
to be called for.

The special examiner to whom any such case shall be referred will
confine his investigation primarily to such point or i)oints so indicated.

It is not intended in any event to prevent the examiner from taking
all testimony that -may present itself as to fraudulent imposition or ac-
tion on the part of the claimant, his attorney, or friends; the object of
this order being to prevent the taking of unnecessary evidence and the
consumption of time and consequent expense on matters not material
or on matters already established.

PENv^ION LAWS, BEOlSIOXft, (.C. 471

SPECIAL EXAMINERS AND SPECIAL EXAMINATIONS— Continued.

II. It bas come to the Jittentioii of the Commissioner that a great
deal of the labor performed by special examiners in the taking of dep-
ositions is devoted to merely formal matter, and that in such cases the
interrogatories and answers of witnesses are spread at large.

Accuracy of statement is requisite, but detailed and verbose state-
ments are not necessary. They impede the work of the examiner and
the work of the reviewer. It is therefore ordered:

1st. That in all cases, where practicable, mere matters of form shall
be put in the narrative^ and not in the "interrogative and responsive"
form.

2d. The taking of evidence upon points where no controversy exists
is to be avoided. The real merits of every case may be dwelt upon, and
all testimony necessary to elicit the real merits should be taken ; but
unnecessary iteration of service, age, &c., should not be constantly made
to increase the labor of all parties concerned, and to involve the con-
sumption of valuable time.

3d. When reaching i)oints of merit, or debatable points in a case, all
necessary care will be taken to fully establish and declare the meaning
of witnesses, and wherever essential, the interrogative and responsive
form may then be used.

4th. Intelligent compliance with these instructions, it is confidently
believed by the Commissioner, will diminish, by nearly one-half, the
volume of labor now performed in any given case by the special examiner,
and will enable a larger result to be produced by him.

5th. After the taking of each deposition it must carefully be read and
thoroughly made known to the witness, and then subscribed and sworn
to. This in addition to oath first administered.

SPECIFIC AND NON-SPECIFIC DISABILITIES.

[For the law enumerating and prescribing the rates for specific and non-
specific disabilities, see Rates of Pension.)

BECISIOIS^S OF THE SECRETARY OF THE INTERIOR.

1. A non-specific disability which does not preclude the possibility of
the performance of manual labor does not entitle a claimant or a pen-
sioner to a second-grade pension.

Golden, Stephen. Ctf. No. 51,932. Schurz, C, Secretary. Mar. 25, 18/7. Vol. 5, p. 66.

2. A disability which requires a medical examination to determine its
nature is not specific.

Hntcliinson, Henry. Opinion of Attorney-General. May 17, 1879. Vol. 6, p. 37.

3. A specific disability, within the meaning of section 4G98J, is a
disability which is particularly mentioned in the law, and for which a
si)ecific rate of pension is provided. In the view of the Department the

472 PENSION LAWS, DECISIONS, -feC.

SPECIFIC AND NON-SPECIFIC DISABILITIES— Continued.

restriction contained in section 4698 J, Eevised Statutes, would preclude
the office from disturbing the allowance made in a case wherein the
disability has varied in degree, and the rate of pension having been
allowed in accordance with the evidence on file at the dale of adjudica-
tion.

Where the disability is a loss of a part of hand or foot or other portion
of the body, and where the evidence is positive that the disability has
been the same from the date of discharge, and the rate of pension hns
not been proportionate to the degree of disability, and not as great as
allowed by the office in other cases in all respects similar, the law should
not be construed to prevent the allowance of the rate which was usually
allowed in cases of the same disability.

Hultz, William. Ctf. No. 08,652. Schurz, C, Secretary. Apr. 2, 18S0. Vol. 7, p. 272.

Kelly, Michael. Ctf. 45,833. Delano, C, Secretary. Aug. 5, 1875. Vol. 4, p. 157.

Kent, George E. Chandler, Z., Secretary. Sept. 1, 1876. Vol. 4, p. 389.

Howard, Henry. Ctf. No. 78,121. Devens, C, Attorney-General. May 17, 1878. Vol. 0, p. 850.

STEP-FATHERS.

DECISION OF THE SECEETARY OF THE INTERIOR.

1. Step-fathers not legally bound to aid in the support of stepchil-
dren.

Hass, Christian. App. No. 197,759. Delano, C, Secretary. July 2, 1875.

SUICIDE.

See Line of Duty, par. 17, and Presumption of Fact, par. 2.

SUSPENSION OF PENSIONS.

See Section 4720, Eevised Statutes, under Special Acth.

Section 4739, Revised Statutes.

• * * * # « #

The Secretary of the Interior shall cause to be stricken from the peu-
•ion-roll the name of any person whenever it appears, by proof satisfac-
tory, that such name was put upon such roll through false or fraudulent
representations.

Section 3 of the act of June 21, 1879, contains the following :
# * ♦ a -^yj^i In no case shall a pension be withdrawn or reduced
except upon notice to the pensioner and a hearing upon sworn testi-
mony, except as to the certificate of the examining surgeon."

# «

decisions of THE SECRETARY OF THE INTERIOR.

1. When a soldier has once established a claim upon the bounty of
the Government, in accordance with the rules and regulations of the

pe:n^sion laws, decisions, &c. 473

SUSPENSION OF PENSIONS— Continued.

Pension Office, the impropriety of suspending his pension upon the un-
supported and unsworn statements of one man is manifest. In cases
where such statements are filed an effort should be made, through the
medium of special examination, to determine their truth or falsity.

Simmons, L. A. Ctf. No. 70,032. Delano, C, Secretary. May 5, 1874. Vol. 3, p. 188.

2. The suspension of a pension is warranted if it is discovered to
have been improperly allowed through fraud or error.

Harris, Cathaiine. Ctf. No. 164,180. Delano, C, Secretary. Dec. 1, 1874. Vol. 3, p. 380.

3. In the suspension of a pension the same degree of caution should
be observed which obtained in its original allowance j and before a pen-
sioner's name is dropped from the rolls he should be allowed an oppor-
tunity to show that he is justly entitled to the pension he is receiving.

Calhoun, William W. Ctf. No. 122,550. Chandler, Z., Secretary. Jan. 4, 1876. Vol.4, p. 180.

4. Where party was pensioned for disability contracted in the serv-
ice and it was discovered that he was a deserter from a prior service,
pension was suspended upon the ground that his injury was not con-
tracted in the line of duty, he being a deserter : Held, that faithful
subsequent service condoned desertion from prior service j that the
pension laws are beneficial in character, and their interpretation should
be broad and liberal, and that suspension should be removed .

Case of Brush alias Jndd, par. 6, under head of Desertion.

ORDER OF THE COMMISSIOlOiR OF PENSIONS.

Order No. 35. December 9, 1875.
All cases wherein payment of pension is to be suspended or resumed,
or the name of the pensioner is to be dropped from the roll, shall be re-
ferred to the division of special examination, with a recommendation
setting forth fully the reasons for such action. The chief of the divis-
ion of special examination will then prepare, for the signature of the
Commissioner, an order to suspend, remove, or drop, as the case may
be, which order will be sent to the certificate and account division for
the purpose of having the pension agent notified, after which it will be
filed with the papers in the case. In cases of dropping or reduction,
except in cases that have been specially examined, and of which spe-
cial examinations claimants had due notice, sixty days' notice will be
sent to the pensioner under the provisions of law, at the expiration of
which time his or her name shall be dropped from the rolls or pension
reduced, as the case may be, unless it shall have been satisfactorily
shown to this office by evidence filed in rebuttal why such action should
not be taken.

In all cases of dropping from the roll the name of any pensioner, the

Commissioner will submit the name with the cause of dropping in a

* proper letter to the Secretary of the Interior, whose authority is required

in all cases where this action is had, exeept im case* of remarriage or

474 PENSION LAWS, DECISIONS, &C.

SUSPENSION OF PENSIONS— Continued.

where the disability has ceased, and upon the receipt of the approval
of the Secretary of siich action, the pension agent will be informed by
due notice through the certificate and account division, and the pen-
sioner by a letter from this office advising him or her thereof.

TEAMSTERS, WAR OF 1812.

8ee Service Pensions, War of 1812, j^ar. 5.

THIRD AUDITOR.

See Jurisdiction.

TITLE OR RIGHT TO PENSION.

Section 4692, Revised Statutes.

Every person specified in the several classes enumerated in the fol-
lowing section, who has been, since tbe fourth day of March, eighteen
hundred and sixty-one, or who is hereafter disabled under tlie conditions
therein stated, -shall, upon making due proof of the fact, according to
such forms and regulations as are or may be provided in pursuance of
law, be placed on the list of invalid pensioners of the United States,
and be entitled to receive, for a total disability, or a permanent specific
disability, sucli pension as is hereinafter provided in such cases ; and
for an inferior disability, except in cases of permanent specific disability,
for which the rate of pension is expressly provided, an amount propor-
tionate to that provided for total disability ; and such pension shall
commence as hereinafter provided, and continue during the existence
[)f the disability.

Sec. 1, 3 Mar.. 1873 ; sec. 1, 14 July, 1862.

Section 4693, Revised Statutes.

The persons entitled as beneficiaries under the preceding section are
as follows :

First. Any ofiScer of the Army, including regulars, volunteers, and
militia, or any officer in the Navy or Marine Corps, or any enlisted man,
however employed, in the military or naval service of the United States,
or in its Marine Corps, whether regularly mustered or not, disabled by
reason of any wound or injury received or disease contracted while in
the service of the United States andin the line of duty.

Sec. 1, 3 Mar., 1873 ; soca. 1, 10, 14 Jnly, 1862 ; sec. 11, 4 July, 18C4.

Second. Any master serving on a gunboat, or any pilot, engineer,
sailor, or other person not regularly mustered, serving upon any

PENSION LAW:^, DECISIONS, &C. 475

TITLE OR HIGHT TO PENSION— Continued.

boat or war vessel of the United States, disabled by any wound or in-
jury received, or otherwise incapacitated, while in the line of duty, for
procuring his subsistence by manual labor.

Resolutiou, 16 July, 1862.

Third. Any person not an enlisted soldier in the Army, serving for
the time being as a member of the militia of any State, under orders of
an oflScer of the United States, or who volunteered for the time being
to serve with any regularly organized military or naval force of the
United States, or who otherwise volunteered and rendered service in
any engagement with rebels or Indians, disabled in consequence of
wounds or injury received in the line of duty in such temporary service.
But no claim of a State militiaman, or non-enlisted person, on account
of disability from wounds or injury received in battle with rebels or
Indians, while temporarily rendering service, shall be valid unless pros-
ecuted to a successful issue prior to the fourth day of July, eighteen
hundred and seventy -four.

Sec. 1, 3 Mar., 1873 ; sec. 9, 4 July, 1864 ; sec. 11, 27 July, 1868.

Sec. 1, 3 Mar., 1873 ; sec. 2, 3 Mar., 1865.

Fifth. Any provost-marshal, deputy provost-marshal, or enrolling-
ofiQcer disabled, by reason of any wound or injury, received in the dis-
charge of his duty, to procure a subsistence by manual labor.

Sec. 1, 3 Mar., 1873 ; sec. 1, 25 July, 1866,

Section 4722, Revised Statutes.

The provisions of this Title are extended to the officers and privates
of the Missouri State militia, and the provisional Missouri militia, dis-
abled by reason of injury received or disease contracted in the line of
duty while such militia was co-operating with United States forces, and'
the widow or children of any such person, dying of injury received or
disease contracted under the circumstances herein set forth, shall be
entitled to the benefits of this Title. But the pensions on account of
such militia shall not commence prior to the third day of March, one
thousand eight hundred and seventy-three.

Sec. 8, 3 Mar., 1873 : see sec. 9, 4 July, 1864 ; see sees. 1, 2, 25 Mar., 1862.

Section 4741, Revised Statutes.

The officers and seamen of the revenue-cutters of the United States,
who have been or may be wounded or disabled in the discharge of their
duty while co-operating with the Navy by order of the President, shall
be entitled to be placed on the Navy pension-list, at the same rate of

47C PENSION LAWS, DECISIONS, &C.

TITLE OE EIGHT TO PENSION— Continued.

pension and under the same regulations and restrictions as are provided
by law for the officers and seamen of the Navy.

Act 18 Apr., 1814.

AN ACT to secure to the officers and men actually employed in the Western Depart-
ment, or Department of Missouri, their pay, bounty, and pension. Approved March
25, 1862.

Be it enacted hy the Senate and Souse of Representatives of the United
States of America in Congress assembled., That the Secretary of War be,
and he is hereby, authorized and required to allow and pay to the
officers, non-commissioned officers, musicians, and privates, who have
been heretofore actually employed in the military service of the United
States, whether mustered into actual service or not, where their serv-
ices were accepted and actually employed by the generals who have
been in command of the Department of the West or the Department of
the Missouri, the pay and bounty as in cases of regular enlistment.

Act 25 Mar., 1862.

Sec. 2. And be it further enacted, That the officers, non-commissioned
officers, musicians, and privates so employed who may have been
wounded or incapacitated for service, shall be entitled to and receive
the pension allowed for such disability : Provided, That the length and
character of their enlistment and service be such as to entitle them
under existing laws to such pension.

AN ACT for the relief of citizens of Montana who served with the United States
troops in the war with Nez Perces, and for the relief of the heirs of such as were
killed in such service.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That each volunteer who joined
the forces of the United States, in the Territory of Montana, during
the war with the Kez Perce Indians, shall be paid one dollar per day
during the term of such service, from the time that he left his home
until he was returned thereto, including all the time spent in bo.spital
under treatment by such as received wounds or other injuries in su(;h
service.

Act Mar. 3, 1881.

Sec 2. That all persons who were wounded or disabled in such serv-
ice, and the heirs of all who were killed in such service, shall be en-
titled to all the benefits of the pension laws, in the same manner and
to the same extent as if they had been duly mustered into the regular
or volunteer forces of the United States.

• « * # « • •

Of Dependent Relatives. See Dependence.

Of Minors. See MiNOE*.

Of Widoios. See WiDOWil.

PENSION LAWS, DECISIONS, &«. 477

TITLE OR RIGHT TO PENSION— Continued.

Of Additional Paymasters ; JEmploySs of Commissary and Quarter-
master'' s Departments ; Civil Surgeons ; Non-enlisted Persons ;
Persons Attached to the Revenue Marine Service ; Professors in
the Military Academy ; Medical Cadets and Hospital Matrons,
See Civilians in Sekvice of a Quasi-militaky Char-
acter.

Of Steersmen. See Gunboat, Ram Fleet, and Mississippi
Marine Brigade.

Of Teamsters, War of 1812. See Service Pensions, War of
1812, par. 5.

Of Privateersmen. See Service Pensions, War of 1812, par. 5.

decisio:ns of the secretary of the interior.

Death of soldier from disease contracted in time of peace, i)rior to
March 4, 18G1, gives no title to widow.

Stoll, Hester. Gorham, Charlea T., Acting Secretarj\ Oct. 12, 18Z6. Vol. 4, p. 419 ; also Deslin,
Ellen. Gorham, Charles T., Acting Secretaiy. Oct. 13, 1876. Vol. 4, p. 420 ; also Race, Henry
(minor). Gorham, Charles T., Acting Secretary. Oct. 13, 1876. Vol. 4, p. 432.

Silvey, IsabellaH., widow of Silvey, William. (O.W.) Schurz, C, Secretary. May 4, 1877. Vol.
5, p. 103.

Title to pension does not ei^ist where the proof shows that the disa-
bility was, no doubt, accelerated by exposure while in the service, biit
(lid not originate therein.

Prince, Jacob. App. No. 161,928. Schurz, C. , Secretary. June 25, 1880. Vol. 7, p. 207.

When a soldier died from a cause due to his military service, leaving
neither widow nor child or children under sixteen years of age at the
time of his death, nor father, surviving, but did leave a mother, who
had remarried i)rior to his death, and also orphan brothers, under six-
teen years of age, it was held^ on appeal, that if the mother was not
and the orphan brothers were dependent upon him for support at the
date of his death, they would be entitled to pension.

Orphan brothers of Kapoleon Beck. No. 148,197. Teller, H. M., Secretary. June 12, 1882. VoL 9,
p. 248.

RULINGS OF THE COMMISSIONER OF PENSIONS.

Ruling ]S"o. 23. Fehruarif 9, 1870.
The heirs of a person who was disabled in the naval service of the
United States prior to March 4, 1861, and who has died since leaving
such service, are entitled to no pension, except such as may have ac-
crued to him as an invalid.

Ruling No. 80. April 7, 1885.
A woman cannot receive pension as a widow and as a dependent
mother at the same time. She can elect which one of the two claims
slie will perfect in case neither of said claims has been allowed. (See
section 4715, Revised Statutes.)

Shields, Albert, mother of. App. No. 254,689.

478 PENSION LAWS, DECISIONS, &C.

TOTAL DISABILITY.

See Disability; and Kates of Pension.

TREATMENT IN SERVICE.

See Evidence, Medical.

WAITERS, WAR OF 1812.

See Service Pensions, War of 1812, par 5.

WARS AND LOCAL DISTURBANCES.

"WARS AND LOCAL DISTURBANCES ^VITHIN THE TERRITORY
or THE UNITED STATES OR IN WHICH THE UNITED STATES
OR SOME ONE OF THEM WAS DIRECTLY OR INDIRECTLY IN-
VOLVED.*

War of the EevoluUon (April 19, 1775, to April 11, 1783).— War for
the Independence of the United States, extending over the entire terri-
tory of the original thirteen States.

Wyoming Valley War, Pennsylvania [1182-1781). — A local disturbance
between settlers from Pennsylv^ania and Connecticut in said valley.

Sliays^ Uehellion^ Massachusetts (December, 1786, to January, 1787). —
Local, grew out of burdensome taxation, confined to, and suppressed
by militia of the State of Massachusetts.

Whisl<y Insurrection, Fennsylvania (August to November, 1794). —
Local, arose in consequence of certain taxes on domestic spirits. Was
suppressed by the authority of the United States.

Northicestern Indian War, Ohio (1790 to August, 1795).— Local, but
carried on by the United States, with, first, an army under General Har-
mer in 1790; second, an army under General St. Clair in 1791, and third,
an army under General Wayne in 1794-1795.

War with France, naval (July 9, 1798, to September 30, 1800).— Carried
on by the United States, through its Navy and privateersmen.

War with Tripoli, northern coast of Africa (June 10, 1801, to June 4,
1805).— Carried on by the authority of the United States, through its
Navy.

Burros insurrection. Southern Mississippi Valley (November 27, 1806,
to February 19, 1807). — Local ; troops called out by authority of the
General Government. No fighting.

* It is not claimed that the above list includes all the minor Indian troubles and
expeditions or all local disturbances. Many of the disturljances named in the table
do not give title to either pension or bounty-land.

PENSION LAWS, DECISIONS, &C. 479

WARS AND LOCAL DISTURBANCES— Continued.

Chesapeake war, naval (July 9, 1807, to August 5, 1807). — Disturbance
growing out of attack of the British frigate "Leopard" on the American
frigate "Chesapeake", as the result of the British claim to the right of
search. The attack occurred at sea off Hampton Roads, Virginia. The
militia were called out by authority of the President.

Nortlucestern Indian war, Indiana (September 21 to November 18,
1811). — Local, but carried on by the United States, by an army under
General Harrison, who virtually ended the war, by the battle of Tippe-
canoe.

Naval engagement (1811). — A naval engagement between the British
sloop of war "Little Belt" and the American ship "President," on the
Atlantic, off southern coast of United States, resulting from the British
claim of right to search.

Florida Seminole Indian war, Florida (August 15 to October, 1812). —
Local ; conducted by Georgia volunteers against the Latchaway and
Alligator Indians.

War of 1812, with Great Britain (June 18, 1812, to February 17,
1815). — General ; covering nearly entire territory of the United States,
especially the seaboard.

Peoria Ifidian war, Illinois (September 19, to October 21, 1813). —
Au expedition against Indians, in which the Illinois and Missouri vol-
unteers and some regulars participated.

Creek Indian icar, Georgia, Alabama, Mississippi, and Tennessee (July
27, 1813, to August 9, 1814). — Local, but conducted by the authority of
the United States.

Lafitte's Pirates, Coinmodore Patterson^s expedition against (1814). —
Local, but conducted by the authority of the United States.

War tcith the Barhary Powers, naval (March 3, 1815, to August 9,
1815).— Conducted by the authority of the United States, through its
Navy, on the northern coast of Africa.

Seminole Indian war, Florida and Georgia (November 20, 1817, to
October 31, 1818).— Local, but conducted by the authority of the United
States.

Lafitte's Pirates, Lieutenant Kearneyh naval expedition against, at
Galveston (1821). — Local, but conducted by the authority of the United
States.

Arickaree or Rickaree Indian war, Missouri River, Dakota Territory
(August, 1823).— Local ; conducted by the United States.

Fever River expedition against the Indians, Illitiois (1827). — Local; un-
der the authority of the State of Illinois.

48Q PENSION LAWS, DECISIONS, &e.

WAKS AND LOCAL DISTURBANCES— Continued.

Winnebago Indian disturhances^ Wisconsin (Jane 28 to September 27,
1827). — Local ; not recognized as a war.

Sac and Fox Indian war, Illinois (June and Julj^, 1831). — Local j not
recognized as approximating to actual warfare. No fighting.

Blade Hawlc Indian war, Illinois and Wisconftin (April 26, 1832, to
September 30, 1832). — Local ; carried on by the United States.

Toledo war, Ohio and Michigan (1835-1836). — Local; disturbance aris-
ing over disputes in regard to boundary line between Ohio and Michi-
gan. Settled by States.

Texan wars prior to her annexation (1835, 1836). — Wars conducted by
Texas as an independent State, before its admission iuto the Union.

Indian Stream war, New Hampshire (November, 1835, to February,
1836). — Local ; disturbance over boundary line between New Hampshire
and Canada. Not a United States war.

Creek Indian war, Georgia and Alabama (February, 1836, to summer,
1837). — Local, but conducted by the United States.

Florida or Seminole Indian war, Florida, Georgia, and A labama (De-
cember 28, 1835, to August 14, 1842). — Local ; conducted by authority
of the United States.

Sabine or Southwestern Indian disturbance, Louisiana (April, 1836, to
April, 1837). — Local, but conducted by authority of the United States.

Gherolcee Indian disturbance and removal (1836 to 1838). — Local. Ee-
moval of Cherokee tribe of Indians by the United States. Not recog-
nized as a war.

Osage Indian war, Missouri (fall of 1837). — Local, and carried on by
the State of Missouri.

Patriot war. New YorTc and Vermont (1838, 1839). — Not recognized as
a war. It was owing to an attempted rebellion in Canada against the
British Government. Troops were called out in New York and Ver-
mont, to prevent any invasion of the United States territory.

Heatherly disturbance, Missouri (July to November, 1836). — Local; a
disturbance by the Indians near the Iowa and Missouri line; conducte<l
entirely by Missouri volunteers.

Mormon war, Missouri (1838). — Local disturbance, which was sup-
pressed by State authority.

Aroostooh war, Maine (1839). — Local disturbance, growing out of dis-
putes as to boundary between the United States and Canada. Not
recognized as a war.

PENSION LAWS, DECISIONS, ctC. 481

WARS AND LOCAL DISTURBANCES— Continued.

Borrh rebellion^ Rhode Island (May 3, to June 28, 1842). — Local j was
an attempt of the suffrage party, uikIct Governor T. W. Dorr, to seize
the State government. Was suppressed by State authority.

Mormon war ^ Illinois (1844). — Local disturbance ; suppressed by State
authority.

Mexican war (April 24, 1846, to May 30, 1848). — Carried on by the
General Government, and confined to the enemy's country.

Cayuse Indian war, Oregon {December, 1847, to July, 1848). — Con(]ucted
by the United States.

Cuban troubles (1849-1851). — I^either the United States Government
nor any particular State was in any way involved in these troubles,
except in attempts to prevent the fitting out and departure from the
United States of expeditions against the Spanish authorities.

Texas and New Mexico Indian war (1849, 1850-1855). — Carried on by
the United States and mainly with the regulars.

California Indian disturbance ( — 1851, 1852).— Local, but under au-
tliority of the United States.

Utah Indian disturbances (1850-1853). — Local, but under authority of
the United States.

Rogue River Indian war, Oregon (June 17, to July 3, 1851, August
8, to September, 1853, March to June, 1856). — Local, but conducted by
the United States.

N a mil expedition to Japan, Commodore Perry^s (1853, 1854). — Notrec-
cognized as a war. Made by authority of the United States through its
Navy.

China disturbances (1854). — Engagements by a vessel of the United
States Navy with some Chinese vessels at Shanghai, China.

Oregon Indian war, Oregon (August and September, 1854). — Local,
but under authority of the United States.

Nicaraguan troubles (1854-1858). — A naval attack on Graytown in
1854 and naval operations for the purpose of sui)pressing filibustering
expeditions, especially Walker's.

Kansas troubles (1854-1859). — Local disturbances between the early
settlers in the Territory of Kansas, in which the United States was not
involved.

Cuban troubles (February, 1854). — Remarks on Cuban troubles of 1849-
1851 apply also to this period.

Yakima Indian war (October and November, 1855). — Local, but under
authority of the United States.
7018 PEN 31

482 PENSION LAWS, DECISIONS, &C.

WARS AND LOCAL DISTURBANCES— Continued.

Klamath and tSalmon River Indian icar, Oregon and Idaho (January
to March, 1855). — Local, but under the authoiity of the United States.

Florida Indian icar, Florida {Di^cemher 15, 1855, to May, 1838). — Lo(;al,
but under the authority of the United States.

John Brown's raid^ Virginia (October, 1859). — Local disturbance, sup
pressed by the State authorities, assisted by some United States troops.

War of the Rebellion (April 15, .1861 to May 9, 1865),— General.

Sioux Indian war, Minnesota (August, 1862 to 1863). — Local, but
under the authority of the United States.

Campaign against the Cheyenne Indians (1861-186^). — Local, but under
the authority of the United States.

Campaign against Indians^ Oregoh, Idaho, and California {lS65-lSi}S). —
Local, but under the authority of the United States.

Fenian invasion of Canada (May and June, 1866). — Neither the Gen
era! Government uor any particular State \va8 in any manner involved
in this tiffair, except that the expedition was fitted out in and set out
from the territory of the United States.

Campaign against the Indians, Kansas, Colorado, and Indian Territory
(1867-1869).— Local, but under the authority of the United States.

Cubantroubles — the Republic {1S67 -187 S),—B>ema>rks on Cuban troubles
of 1849-1851 apply also to this period.

Modoc Indian tear, Oregon {1872, 1873) — Local, but under the author-
ity of the United States.

Campaign against the Apaches, Arizona (1873). — Local, but under the
authority of the United States.

Arkansas, war for possession of State government o/ (February to May,
1874). — A local attempt to overthrow the State government.

Campaign against the Indians, Kansas, Colorado, Texas, Indian Terri-
tory, and New Mexico (1874-1875). — Local, but under the authority of
the United States.

Louisiana, war for possession of State gocernment of {Seiytemher, 1874). —
A local attempt to overthrow the State government. United States
troops not directly engaged.

Campaig7i, against Cheyenne and Sio^iw Indians, Dakota (1876-1877). —
Local, but under the authority of the United States.

PENSION LAWS, DECISIONS, &C. 483

WARS AND LOCAL DISTUEBANCES— Continued.

Railroad strike j Pennsylvania and Maryland (1877).

2^€z PercS Indian war, Ufoh (1877). — Local, but under the authority
of the United States.

Bannock Indian icar^ Idaho, Washington Territory, and Wyoming Ter-
ritory (1878). — Local, but under the authority of the United States.

Campaign against the Cheyenne Indians, Dakota and Montana (1878-
1879). — Local, but under the authority of the United States.

White River campaign against the TJte Indians, Utah and Colorado (Sep-
tember 29 to October 5, 1879). — Local, but under the authority of the
United States.

WAR OF 1812.

See Seevioe Pensions, Wab op 1812.

WIDOWS.

Section 4702, Revised Statutes.

If any person embraced within the provisions of sections forty-six
hundred and ninety-two and forty-six hundred and ninety-three has
died since the fourth day of March, eighteen hundred and sixty-one, or
hereafter dies by reason of any wound, injury, or disease which, under
the conditions and limitations of such sections, would have entitled him
to an invalid pension had he been disabled, his widow, or if there be
no widow, or in case of her death, without payment to her of any part
of the pension hereinafter mentioned, his child or children, under six
teen years of age, shall be entitled to receive the same pension as the
husband or father would have been entitled to had he been totally dis-
abled, to commence from the death of the husband or father, to continue
to the widow during her widowhood, and to his child or children until
tbey severally attain the age of sixteen years, and no longer; and, if
the widow remarry, the child or children shall be entitled from the date
of remarriage.

Sec. 8, 3 Mar., 1873 ; sec. 2, 14 July. 1882; sec. 11, 14 July, 1862 ; sec. 4, 3 Mar., 1865.

AN ACT to amend section forty-seven hundred and two, title fifty-seven, Revised
Statutes of the United States, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That section forty-seven hun-
dred and two, title fifty-seven of the Eevised Statutes of the United
States, is hereby amended so as to read as follows :

'' Sec. 4702. If any person embraced within the provisions of sections
forty-six hundred and ninety-two and forty-six hundred and ninety-
three has died since the fourth day of March, eighteen hundred and
sixty-one, or hereafter dies, bj^ reason of any wound, injury, or disease
which, under the conditions and limitations of such sections, would have

484 PENSION LAWS, DECISIONS, &C.

WIDOWS— Continued.

eutitled hi in to au invalid pension had he been disabled, his widow, or
if there be no widow, or in the case of her death without payment to
her of any part of the pension hereinafter mentioned, his child or chil-
dren under sixteen years of age, shall be eutitled to receive the same
pension as the husband or father would have been entitled to had he
been totally disabled, to commence from the death of the husband or
father, to continue to the widow during her widowhood, and to his child
or children until they severally attain the age of sixteen years, and no
longer ; and if the widow remarry, the child or children shall be en-
titled from the date of remarriage, except when such widow has con-
tinued to draw the pension-money after her remarriage, in contraven-
tion of law, and such child or children have resided with and been
supported by her, their pension will commence at the date to which the
widow was last paid."

Sec. 2. That marriages, except such as are mentioned in section forty-
seven hundred and five of the Revised Statutes, shall be proven in pen-
sion cases to be legal marriages according to the law of the place where
the parties resided at the time of marriage or at the time when the right
to pension accrued ; and the open and notorious adulterous cohabitation
of a widow who is a pensioner shall operate to terminate h(T pension
from the commencement of such cohabitation.

Approved August 7, 1882.

Section 4703, Eevised Statutes.

The pensions of widows shall be increased from and after the twenty-
fifth day of July, eighteen hundred and sixty-six, at the rate of two
dollars per month for each child under the age of sixteen years of the
husband on account of whose death the claim has been, or shall be,
granted. And in every case in which the deceased husband has left,
or shall leave, no widow, or where his widow has died or married again,
or where she has been deprived of her pension under the provisions of
the pension law, the pension granted to such child or children shall be
increased to the same amount per month that would be allowed under
the foregoing provisions to the widow, if living and entitled to a pen-
sion : Provided, That the additional pension herein granted to the widow
on account of the child or children of the husband by a former wife shall
be paid to her only for such period of her widowhood as she has been,
or shall be, charged with the maintenance of such child or childien j for
any period during which she has not been, or she shall not be, so charged
it shall be granted and paid to the guardian of such child or children :
Provided further, That a widow or guardian to whom increase of pen-
sion has been, or shall hereafter be, granted on account of minor children
shall notbedeprived thereof by reason of their beingmaintained in whole
or in part at the expense of a State or the public in any educational in-
stitution, or in any institution organized foi- the care of soldiers' orphans,

Seo. 9, 3 M»r., 1873 ; sec. 2, 25 July. 1866 ; sec. 4, 27 July. 1868 ; see. 5, 27 July, 1868.

PENSION LAWS, DECISIONS, &C. ■ 485

WIDOWS— Continued.

Section 4706, Revised Statutes.

If any person has died, or shall hereafter die, leaving a widow entitled
to a pension by reason of his death, and a child or children under sixteen
years of age by such widow, and it shall be duly certified under seal by
any court having probate jurisdiction that satisfactory evijience has
been produced before such court, upon due notice to the widow, that
she has abandoned the care of such child or children, or that she is an
unsuitable person, by reason of immoral conduct, to have the custody of
the same, on presentation of satisfactory evidence thereof to the Com-
missioner of Pensions, no pension shall be allowed to such widow until
such child or children shall have attained the age of sixteen years, any
provisions of law to the contrary notwithstanding, and the said child or
children shall be pensioned in the same manner, and from the same
date, as if no widow had survived such person, and such pension shall
be paid to the guardian of such chil^ or children j but if in any case
payment of pension shall have been made to the widow, the pension to
the child or children shall commence from the date to which her pen-
sion has been paid.

Sec. 12, 3 Mar., 1873; sec. 11, 6 June, 1866 ; sec. 8, 27 July. 1868.

Section 4718, Revised Statutes.

If any pensioner has died or shall hereafter die, or if any person en-
titled to a pension, having an application therefor pending, has died or
shall hereafter die, his widow, or if there^is no widow, the child or chil-
dren of such person under the age of sixteen years shall be entitled to
receive the accrued pension to the date of the death of such person.

Sec. 25, 3 Mar., 1873 ; sec. 10, 4 July, 1864 ; sec. 6, 6 June, 1866.

Section 4735, Revised Statutes.

No pension shall be granted to a widow for the same time that her
husband received one.

Act 30 Apr., 1844. See resolution 23 Jan., 1845.

DECISIONS OF THE SECRETARY OF THE INTERIOR.

1. An assistant engineer in the Navy tendered his resignation to take
effect November 12, 1861. On the 8th day of July, 1862, he died of dis-
ease contracted in the service and line of duty : Reld^ that his widow is
entitled to pension under the provisions of the act of July 14, 1862.

Homer, Amanda. Usher, J. P., Secretary. June 24, 1863. Vol. l,^p. 26.

2. There can be no title to pension on account of the death of a sol-
dier where the cause thereof occurred after discharge, unless said cause
resulted directly from disease contracted or injury received in the serv-
ice.

Meader, Lydia C. App. Xo 62,902. Harlan, James Secretary. July 14, 1865. Vol. 2, p. 179.

486 PENSION LAWS, DECISIONS, &C.'

WIDOWS— Continued.

3. Widows who are receiving pensions granted by special acts of
Congress are not deprived thereby of the right to draw two dollars per
month additional for the care and support of each of the soldier's minor
children.

Ward, Anna E. App. No. 176,310. Browning, O. H., Secretary. Jan. 17, 1867. Vol. 1. p. 77.
See ruling of Commissioner, Black. J. C. in the case of Martha E. Breese, under the. head of
"Special Acts."

4. Widows who abandon their minor children forfeit their title to
pension.

8ee taction 4706, Revised Statutes; and Abandonment.

5. Additional i)ension to widows on account of minor children com-
mences July 25, 1866.

Proctor, G. W. N. Ctf. No. 114,337. Cox, J. D., Secretary. May 13, 1869. Vol. 2. p. 106.

6. A widow is entitled to the accrued pension of her husband if his
claim was completed prior to his^eath.

/n«<ruc<io7i«; Cox, J. D., Secretary. July 12, 1869. Vol. 2, p. 202.

[>'OTE. — ^Itis held under present practice that a widow succeeds to all the rights under the law
that the soldier would have had if he had lived, incl«din2j the i ight to complete his pending
invalid claim, and, upon such completion, to receive the accrued pension]

7. If a widow pensioner remarries before payment, leaving minor
children, said children are entitled to all the pension.

Jones, Catharine. Ctf. No. 95,248. Delano, C, Secretary. Oct. 21, 1870. Vol. 1, p. 91.

8. A widow is entitled to the same pension as soldier would be if he
were living and totally disabled.*

French, Emily S. Ctf. No. 52,543. Delano, C, Secretary. Feb. 7, 1871. Vol. 1, pp. 99, 130.

9. The widow of a hospital steward is entitled to ])ension if the cause
of her husband's death was contracted at a military post.

Plumer, Josephine. App. No. 190,678. Delano, C. , Secretary. Mar. 23, 1872. Vol. 1, p. 178.

See Geneeal Service.

10. If claim was pending at date of remarriage, widow entitled to said
date.

Claise, Luce M. Ctf. No. 159,752. Delano, C, Secretary. Nov. 15, 1872. Vol.1, p. 216.
Simons, Minerva J. App. No. 212,002. Delano, C, Secretary. July 10, 1874. Vol. 3, p. 270.

11. Death of soldier after March 4, 1861, if cause contracted previ-
ously, widow entitled to pension under ante- rebellion laws.

Cunningham, Ann H. Delano, C, Secretary. Apr. 17, 1874. Vol. 3, p. 174.

Herron, Mary. O.W. No. 20,495. Kirkwood, S. J., Secretary. June 21, 1881. Vol.8, p. 317.

See Old Wars, par. 26.

12. The widow of a general service man employed in the War Depart,
ment is entitled to pension if soldier died of disease contracted in said
service.

Whiting. Joanna C. A pp. No. 179,672. Delano, C, Secretary. Dec. 10, 1874. Vol. 3. p. 414.

See General Service.

* Recently affirmed by the Supreme Court of the Uuited States in the case of the
widow of General Ward B. Burnett.

PENSION LAWS, DECISIONS, &C. 487

WIDOWS— Continued.

16. The widow of a Don-enlisted man is not entitled if her husband,
at the date of his death, was not entitled by reason of the expiration of
the limitation contained in the third paragTaph of section 4ii93, Revised
Statutes.

Gosnell, Mivrtiiiret. Ajip.Xo. 176.141. Delano, C, Secretary. Jan. 26, 1875. Vol, 3, p. 44a.

14. A widow, -if insane, is only entitled through guardian to her share
of the pension, and not the pension allowed on account of minor cliil-
dreu.

Beier, Adam (minors of). Ap]». No. 210,050. (Chandler, Z., Secretary. Dec. 7, 1875. Vol. 4, p.
101.

16. A widow is not entitled if death of soldier is caused partly by the
disability for which i)ensioned and partly by a disability contracted af-
ter leaving the service.

Patterson, Elizabeth. App. No. 222,406. Chandler, Z., Secretary. Aug. 9, 1876. Vol. 4. p. .}60.

16. Claim for pension based upon the ground that the acute attack of
pneumonia from which the soldier died would not have been fatal had
his constitution not been broken down by previously existing disease,
i. e., diarrhoea : EeJd, that if such connection existed k> is not suscep-
tible of such proof as would justify the allowance of widow's claim ; in
fact, it is too remote and uncertain.

Hoy, Elizabeth, widow of Hoy, James. App. :No. 193,817. Schurz, C, Seoretary. June 5,1877.
Vol. 5, p. 129. {Vide Hallett, Jaiie E., widow of Hallett, Jeremiah T. App. No. 220.505.
Schurz, C, Secretary. June 20, 1877. Vol. 5, p. 137.)

17. If a soldier dies of pneumonia ingrafted upon a previously exist-
ing incurable disease of lungs contracted in the service his widow is en-
titled to pension.

Cloudman, Elizabeth W. No. 230,994. Schurz, C, Secretary. Apr. 26, 1878. Vol. 6, p. 158.
18. VTipOWS, COMMENCEMENT OF PENSIONS TO.

(1) A soldier of the war of the late ^ebelljon died July 19, 1880. His
widow's claim for pension was filed August 30, 1880, and it was allowed,
and the pension was made to commence from that date, the date of
filing.

On appeal,- the honorable Secretary aflirmed the action of this office
in the premises, holding that the case was governed by the second sec-
tion of the act of March 3, 1879, which, as he states, ''provides that all
pensions granted on account of a cause which originated since the 4th
of March, 1861, if the application therefor is filed after the 1st of July,
1880, shall commence from the date of filing the application."

Hunter, Susan. Ctf. No. 192,692. Kirkwood, S. J., Secretary. Oct 27, 1881. VoL 8, p. 468.

(2) Soldier died April 13, 1880. Bis widow's claim was filed August
19, 1880, and her pension was made to commence from that date, as pro-
vided in the second section of the act of March 3, 1879. It was con-
tended on appeal that, under the act to amend section 4702, Revised Stat-

488 PEISSIOIS LAWS, DECISIONS, &C.

WIDOWS— Continued.

utes, and for other purposes, approved August 7, 1882, the pension should
commence from the date of her husband^s death ; but it was decided that
the act referred to was not a re-enactment of section 4702, but simply
amendatory thereof, and did not repeal the second section of the act of
March 3, 1879, so far as it bore upon the commencement of widows'
pensions ; and '* that the only change in previously existing law^ which
was intended to be made by the first section of the act of August 7,
1882, was to change the date of commencement of the pension of minor
children in the class of cases to which the amendment applies."

Kinyon, Phebe. Ctf. No. 194,456. Teller, H. M., Secretary. Mar. 7, 1883. Vol. 10, p. 147.
Ray, Mary J. Ctf. No. 198,409. Teller, H. M., Secretary. May 6, 1884. Vol. 11, p. 249.

(3) Where a soldier at the time of his death had a claim for invalid
pension pending on account of an injury to his back and loins which
was subsequently rejected, and his widow was pensioned on account of
his death from chronic diarrhoea, it was held^ that inasmuch as the
soldier in his declaration had not alleged any disability from chronic
diarrhoea his widow was not entitled to pension for any period prior to
his death.

See Arrears, par, 13.

RXJIiTNGS OF THE COMMISSIONER OF PENSIONS.

BuLiN.a No. 86. April 7, 1885.
A woman cannot receive pension as a widow and as a dependent
mother at the same time. She can elect which one of* the two claims
she will perfect in case neither of said claims has been allowed.

Shields, Albert, mother of. App. No. 254,689.

EULiNG No. 108. May 26, 1885.
Soldier made application for pension June 26, 1880. His wife died
February 19, 1882. He married again May 14, 1883, and died May 12,
1884, leaving four children by his*first wife and with his invalid claim
still pending. The soldier's second wife and widow made application
for pension in her own right and for increase on account of three of the
minor children December 19, 1884. The invalid claim was allowed and
the accrued pension thereunder was made payable to the widow on her
own voucher. Her claim was also allowed, together with increase on
account of the three minor children as claimed, and the certificate was
issued. Before payment had been made, however, it was learned that
the widow, the second wife of the soldier and the claimant, had had
only the nominal care and custody of the children of the soldier since
his death, and that the means for their support had been furnished the
claimant by the guardian of the children, the soldier's brother, out of the
estate left by the soldier for that purpose. The Commissioner directed
that payment of the widow's certificate be suspended, and that she be
uot ^llowecl increase QU account of the minors, under the first proviso

PENSION LAWS, DECISIONS, iVC. 489

WIDOWS— Continued.

of section 4703, Revised Statutes, which expressly declares that the
only condition upon which she could be allowed such increase is that
she must be charged with their care and maintenance. Nominal care
and custody is not enough. The law contenii^lates support and main-
tenance, which in this case was and is furnished by the guardian.

Ruby, Horace S., widow-of. Ctf. No. 214,561.

WIDOWS OF COLORED SOLDIERS.

Section 4705, Revised Statutes.

The widows of colored and Indian soldiers and sailors who have died,
or shall hereafter die, by reason of wounds or injuries received, or cas-
ualty received, or disease contracted, in the military or naval service of
the United States, and in the line of duty, shall be entitled to receive
the pension provided by law without other evidence of marriage than
satisfactory proof that the parties were joined in marriage by some cere-
mony deemed by them obligatory, or habitually recognized each other
as man and wife, and were so recognized by their neighbors, and lived
together as such up to the date of enlistment, when such soldier or sailor
died in the service, or, if otherwise, to date of death ; and the children
born of any marriage so proved shall be deemed and held to be lawful
children of such soldier or sailor, but this section shall not be applica-
ble to any claims on account of persons who enlist after the third day
of March, one thousand eight hundred and seventy- three.

Sec. 11, 3 Mar., 1873 ; sec. 14, 14 July, 1864 ; sec. 14, 6 June, 1866 ; sec. 2, 15 June, 1866. As to " In-
dians," See sec. 11, 3 Mar., 1873. .»

DECISIONS OF THE SECRETARY OF THE INTERIOR.

1. The right of a colored widow to pension is not barred by the fact
that she, did not marry the soldier until after his enlistment.

Butler, Sarah. App. No. 136,817. Delano, C; Secretary. Sept. 19. 1874. Vol. 3, p. 313.

2. A colored widow who alleges marriage to a* soldier prior to his eu-
listment is not entitled to pension as such widow unless cohabitation
with said soldier up to the date of said enlistment is shown.

statesman, Samuel, minors of. App. No. 206,001. Delano, C, Secretary. Feb. 17, 1875. Vol.3,
p. 462.

WITHHOLDING OF PENSION MONEY.

See Overpayment.

WITNESSES, COMPETENCY OF.

See Evidence,

A. p p E isr D I X

LAWS OF THE UNITED STATES

RELATING TO

ARMY AND NAVY PENSIONS,

ENACTED BETWEEN MARCH 4, 1861, AND MARCH '\, 1873, MOST OF
WHICH WERE RE-ENACTED IN THE REVISED STATUTES.

491

APPENDIX

LAWS OF THE UNITED STATES RELATING TO ARMY

AND NAVY PENSIONS.

J
AN ACT to authorize tlie employment of volunteers to aid in enforcing
the laws and protecting public property, approved July 2*2, 1861. —
(Revised Statutes, vol. xii, chap, ix.)

*#**#*♦

Sec. 6. And he it further enacted. That any volunteer who Provision for

•^ ' "^ volunteers

may be received into the service of the United States under wounded or dis-

'^ abled, or killed,

this act, and who may be wounded or otherwise disabled in or dying in serv-

' ice.

the service, shall be entitled to the benefits which have been
or may be conferred on persons disabled in the regular serv-
ice, and the widow, if there be one, and if not, the legal
heirs of such as died or may be killed in service, in addition
to all arrears of pay and allowances, shall receive the sum
of one hundred dollars.

Approved July 22, 1861.

AN ACT authorizing the Secretary of the Interior to strike from the
pension rolls the names of such persons as have taken up arms against
the Government, or who may have in any manner encouraged the
rebels, approved February 4, 1862.^-(Revised Statutes, vol. xii, chap,
xviii.)

Be it enacted by the Senate and House of Representatives of ^^^^^ p^nrion^
the United States of America in Congress assembled, That the ^l^^^^^^^^^^^
Secretary of the Interior be, and he is hereby, authorized and j>^ro^pe<i from the
directed to strike from the pension rolls the names of all ^^^^ ^'^*'- ^^^^'
such persons as have or maj^ hereafter take up arms against
the Government of the United States, or who have in any
manner encouraged the rebels, or manifested a sympathy
with their cause.

Approved February 4, 1862.

493

4i)4 LAWS RELATING TO ARMY AND NAVY PENSIONS.

AN ACT to secure to the officers aud meu actually employed in the
Western Department, or Department of Missouri, their pay, bounty,
and pension, approved March 25, 18G2.— (Revised Statutes, vol. xii,
chap, xlix.)

Provision for Be it enacted by the Senate and House of Representatives of

pay and bounty . "^ j x- j

to officers and the United States of America in Conqress assembled. That the

men employed in ^ '

the Department becretarv of War be, and he is hereby, authorized aud re-

oftheWe8t,orof . , / ,i , , n.. " . . ,

the Missouri, quired to allow and pay to the officers, uoii-eoiumissioned

prior to March ^^ • • -, • 1111/.

25, 1862, and for cm cers, musiciaus, aud privates who have beeu heretoiorc
^hThkve bein actually employed iu the military service of the Uuited
^pacitoted^ for States, whether mustered into actual service or not, where
^piSJed.^^^ ^"^ their services were accepted aud actually employed by the
B.^f sec. 4722, g^^^jj-als who have beeu in command of the Department of
the West or the Department of the Missouri, the pay and
* bounty as in cases of regular enlistment.

Sec. 2. And be it further enacted. That the olficers, non-
commissioned officers, musicians, and privates so employed
who may have been wounded or incapacitated for service,
shall be entitled to and receive the pension allowed for such
disability : Provided, That the length and character of their
enlistment aud service be such as to entitle them under ex-
isting laws to such pension.

• « * « ' « • •

Approved March 25, 1862.

AN ACT to grant pensions, approved July 14, 1862. — (Revised Statutes,
vol. xii, chap, clxvi.)

[To provide for pensions to invalids of the war of the rebellion and
their relatives, &c.]

Be it enacted by the Senate and House of Representatives
Persons enti- of the United States of America in Congress assembled^ That
pension. ^* if auy officer, non-commissioned officer, musician, or private
im^KS^' "^^'of the Army, including regulars, volunteers, and militia, or
any officer, warrant or petty officer, musician, seaman, or-
dinary seaman, liotillaman, marine, clerk, landsman, pilot,
or other person in the Navy or Marine Corps, has been,
since the fourth day of March, eighteen hundred and sixty-
one, or shall hereafter be, disabled by reason of any wound
received or disease contracted while in the service of the
United States, and in the line of duty, he shall, upon mak-
ing due proof of the fact, according to such forms and regu-
lations as are or may be provided by or in pursuance of
law, be placed upon the list of invalid pensions of the
rnmo.iionatH United States, aud be entitled to receive, for the highest
d*^i?inf'Kxl8?- rate of disability, such pension as is hereinafter provided
*'°sS>. 4695 R.S. ill swch cases, and for an inferior disability an amount pro-

LAWS RELATING TO ARMY AND NAVY PENSIONS.

49o

Hates iu Army.

Rates in Navy.
Sec. 4C95, R. S.

poitiouate to the highest disability, to commence as here-
inafter provided, and continue during the existence of sueh
disability. The pension for a total disability for officers,
non commissioned officers, musicians, and privates em-
ployed in the military service of the United States, whether
regulars, volunteers, or militia, and in the Marine Corps,
shall be as follows, viz: Lieutenant colonel, and all officers
of a higher raulc, thirty dollars per month ; major, twenty-
five dollars per month ; captain, twenty dollars per month;
first lieutenant, seventeen dollars per month; second lieu-
tenant, fifteen dollars per month ; and non-commissioned
officers, musicians, and privates, eight dollars per month.
The pension for total disability for officers, warrant or petty
officers, and others employed in the naval service of the
United States, shall be as follows, viz: Captain, com-
mander, surgeon, paymaster, and chief engineer, respect-
ively ranking with commander by law,, lieutenant com-
manding, and master commanding, thirty dollars per month;
lieutenant, surgeon, paymaster, and chief engineer, respect-
ively ranking with lieutenant by law, and passed assistant
surgeon, twenty-five dollars per month ; professor of mathe-
matics, master, assistant surgeon, assistant paymaster, and
chaplain, twenty dollars per month; first assistant engi-
neers and pilots, fifteen dollars per month ; passed midship-
man, midshipman, captain's and paymaster's clerk, second
and third assistant engineer, master's mate, and all warrant
officers, ten dollars per month ; all petty officers, and all
other persons before named employed in the naval service,
eight dollars per month ; and all commissioned officers, of But one peu-
either service, shall receive such and only such pension as ®^^"
IS herein i)rovided for the rank in which they hold commis-
sions.

Sec. 2. And be it further enacted, That if any officer or widow or chti
other person named in the first section of this act has died Jf^^J^wi *Lr
since the fourth day of March, eighteen hundred and sixty- wiaowh(iir ' "or
one, or shall hereafter die, by reason of any wound received ™sec"4702 ii.s.
or disease contracted while in the service of the United jg^®*'- «. 3 Mar
States, and in the line of duty, his widow, or, if there be no
widow, his child or children under sixteen years of age, shall
be entitled to receive the same pension as the husband or
father would have been entitled to had he been totally" dis-
abled, to commence from the death of the husband or father,
and to continue to the widow during her widowhood, or to
the child or children until they severally attain to the age
of sixteen years, and no longer.

Sec. 3. And be it further enacted^ That where ai-y officer

496 LAWS RELATING TO ARMY AND NAVY PENSIONS.

or other person named in the first section of this tujt shall
have died subsequently to the fourth day of March, eighteen
hundred and sixty-one, or shall hereafter die, by reason of
any wound received or disease contracted while in the serv-
ice of the United States, and in the line of duty, and has
If no widow or not left nor shall not leave a widow nor legitimate child,

child, dependent " '

mother. (Seesec. but has left orsh all lea ve a mother, who was dependent upon

12, act of June 6, ' ^ *

1866. and sec. 1, him for support, in whole or in part, the mother shall be

act of July 27, . , , ^ ^ .' , . ' , n,.

1868, for pfovis- entitled to receive the same pension as such omcer or other

and brothers.) pcrsou would havc bccu entitled to had he been totally dis-

sfon ^ofh^Ts abled; which pension shall commence from the death of the

wi^ ow an mo- ^^g^^j. ^j. q^\^qj. persou dying as aforesaid : Provided ^ hoivever.

Mar!'." 1873^860. Thatif such mother shall herself be in receipt of a pension as

4707, R. s. ^ widow, in virtue of the provisions of the second section of

this act, in that case no pension or allowance shall be

granted to her on account of her son, unless she gives up

the other pension or allowance: And provided further^ That

the pension given to a mother on account of her son shall

Terminates at terminate on her remarriage: And provided further^ That

remarriage. nothiug herein shall be so construed as to entitle the mother

of an officer or other person dying, as aforesaid, to more

Not more than than ouc pcusion at the same time under the provisions of

one pension. , , . .

this act.

Sec. 4. And be it further enacted, That where any officer
or other person named In the first section of this act shall
have died subsequently to the fourth day of March, eighteen
hundred and sixty one, or shall hereafter - die, by reason of
anj^ wound received or disease contracted while in the serv-
ice of the United States, and in the line of duty, and has
If no widow, not left or shall not leave a widow, nor legitimate chikl, nor
orphan depend'- mothcr. but has left or may leave an orphan sister or sis-

ent sisters, until . ' i • j. ^ t -i t i

sixteen. (Seesec. tcrs, uudcr sixtccn ycars of age, who were dependent upon
1866**' and ^ser?,' him for support, in whole or in part, such sister or sisters
iMB.^for'^^pr^vIs- shall bc entitled to receive the same pension as such officer
inYbr^heS^r™ or othct pcrson would have been entitled to had he been
M^r.' i^Sars'ec^ totally disabled; which pension to said orphan shall cora-
4707, R.S. mence from the death of the officer or other person dying

as aforesaid, and shall continue to the said orphans until
they severally arrive at the age of sixteen years, and no
longer : Provided, however, That nothing herein shall be so
Only one pen- coustrued as to entitle said orphans to more than one pen-
sion at the same time under the provisions of this act: And
provided further, That no moneys shall be paid to the widow
or children, or any heirs of any deceased soldier, on account
of bounty, back pay, or pension, who have in any way been

LAWS RELATlNa TO ARMY AND NAVY PENSIONS. 407

eiij'aged in or who have aided or abetted the existing rebel- git^"^*'*^' ^^"*"

lion in the United States 5 but the right of such disloyal

tvidow or children, heir or heirs of such soldier, shall be

vested in the loyal heir or heirs of the deceased, if any there

be.

Sec. 5. And be it further enacted, That pensions which
may be granted in pursuance of the provisions of this act,
to persons who may have been, or shall be, employed in the
military or mival service of the United States, shall com-
mence on the day of the discharge of such persons in all Commencement

, . , , , T ^- r. 1 . . r • , of pension, whcu

cases in which the ai^plication for such provisions [pensions] application filed
is filed within one year after the date of said discharge; and (RepSieabvseo!
in cases in which the application is not liled during saidisS^ "^ "'
year, pensions granted to persons employed as aforesaid
shall commence on the day of the tiling of the application.
Sec. G. And he it' further enacted. That the fees of agents Ageutv fees.

•^ ^ (Repealed by see.

and attornevs for making out and causing to be executed 1^, act of July 4.

. ,. , •, . n . 1SC4. Seealsoaot

the papers necessary to establish a claim for a pension,of Julys, i87o.)
bounty, and other allowance before the Pension Office un- Agenta and Ai-
der this act, shall not exceed the following rates : For mak- ^^^^^^' ^^
ing out and causing to be duly executed a declaration by
the applicant, with the necessary affidavits, and forwarding
the same to the Pension Office, with the requisite corre-
spondence, tive dollars. In cases wherein additional testi-
mou}' is required by the Commissioner of Pensions, for each
affidavit so required and executed and forwarded (except
(lie affidavits of surgeons, for which such agents and attor-
neys shall not be entitled to any fees), one dollar and fifty
cents.
Sec. 7. And be it further enacted. That any agent or at- Penalties for

1 1 11 1- .1 . ^ ..1 J y^ • overcharge. (Re-

torney who shall, directly or indirectly, demand or receive peaied by sec. 13,

^ ^ ' *• ^ 1 • • A ^x,' ^actofJuly4,1864.

any greater compensation for his services under this act See also act of
than is prescribed in the preceding section of this act, or "see ' Fees of
who shall contractor agree to prosecute any claim for a toSeyl *°*
pension, bounty, or other allowance under this act, on the
condition that he shall receive a per centum upon, or any
portion of, the amount of such claim, or who shall wrong-
fully withhold from a pensioner or other claimant the whole
or any part of the pension or claim allowed and due to such
pensioner or claimant, shall be deemed guilty of a high mis-
demeanor, and upon conviction thereof shall for every such
offense be fined not exceeding three hundred dollars or im-
prisoned at hard labor not exceeding two years, or both,
according to the circumstances and aggravations of the of-
fense.

7018 PEN 32

498 LAWS RELATING TO ARMY AND NAVY PENSIONS.

Examining sar- Sec. 8. And be it further enacted, That the Commissioner
paid.'^ ^^^ ^'^ of Pensions be, and he is hereby, empowered to appuiut, at
surgeon'^8^™^"'"^ his discretion, civil surgeons to make the biennial examina-
tions of pensioners which are or may be required to be made
by law, and to examine applicants for invalid pensions,
where he shall deem an examination by a surgeon to be ap-
pointed by him necessary ; and the fee for each of such exam-
inations, and the requisite certificate thereof, shall be one
dollar and fifty cents, which fee shall be paid to the surgeon
by the person examined, for which he shall take a receipt
and forward the same to the Pension Office ; and upon the
allowance of the claim of the person examined, the Com-
missioner of Pensions shall furnish to such i)erson8 an order
on the pension agent of his State for the amount of the sur-
geon^s fees.
Instructions Sec. 9. And he it further enacted. That the Commissioner
*°see**""Reguia- of Pcusious, ou application made to him in person or by let-
^*S. 4748, E. s. ter by any claimants or applicants for pension, bounty, or
other allowance, required by law to be adjusted and paid
by the Pension Office, shall furnish such claimants, free of
all expense or charge to them, all such printed instructions
and forms as may be necessary in establishing and obtaining
said claim 5 and in case such claim is prosecuted by an agent
Notice of issue or attorney of such claimant or applicant, on the issue of a
certificate of pension or the granting of a bounty or allow-
ance, the Commissioner of Pensions shall forthwith notify
the applicant or claimant that such certificate has been
issued, or allowance made, and the amount thereof.
bo^aTs'TcT^nSt Sec. 10. And he it further enacted, That the pilots, engi-
™se?'*Gunboat ^^^^^s, sailors, and crews upon the gunboats and war ves-
SSisS^i' Ma ^^^^ ^^ ^^^ United States, who have not been regularly mus-
rine Brigade. tcicd iuto the scrvicc of the United States, shall be entitled
to the same bounty allowed to persons of corresponding
rank in the naval service, provided they continue in service
to the close of the present war ; and all persons serving as
aforesaid, who have been or may be wounded or incapaci-
tated for service, shall be entitled to receive for such disa-
ability the pension allowed by the provisions of this act to
those of like rank, and each and every such person shall re-
ceive pay according to corresponding rank in the naval
No pension or scrvicc I Provided, That no person receiving pension or
service in ^me bouuty uudcr the provisious of this act shall receive either
pension or bounty for any other service in the present war.
heiJ^s'of pe^ons Sec. 11. And hc it further enacted. That the widows and
m'^'Seakd by hcirs of all persons described in the last preceding section
Hsm"'^^'''^'^"^^ who have been or maybe employed as aforesaid, or who

LAWS RELATING TO AUMY AND NAVY PENSIONS. 499

have been or may be killed in battle, or of those who have
died or shall die of wounds received while so employed,
shall be paid the bounty and pension allowed by the pro-
visions of this act, according to rank, as provided in the
last preceding section.

Sec. 12. And be it further enacted, That the Secretary of se^cf of jtSy
the Interior be, and he is hereby, authorized to appoint a '^gg^g^eciai Ex-
special agent for the Pension OflQce, to assist in the detec- ^TlrTx°am?ua-
tion of frauds against the pension laws, to cause persons *^*^"^-
committing such frauds to be prosecuted, and to discharge
such other duties as said Secretary may require him to per-
form ; which said agent shall receive for his services an
annual salary of twelve hundred dollars, and his actual
traveling expenses incurred in the discharge of his duties
shall be paid by the Gov^ernment.

Sec. 13. And be it further enacted, That all acts and parts ^if^«^P ^ ^ ^ ^ ° s
of acts inconsistent with the provisions of this act be, and
the same are hereby, repealed.

Approved July 14, 1862.

JOINT RESOLUTION to grant pensions to masters and other officers
npon tlie jijiinboats in the service of the United States, approved July
sixteen, eighteen hundred and sixty-two. (Revised Statutes, Vol.
XII, No. 59.)

Resolved by the Senate and House of Representatives ofthe^^™\l^ ™J«^
United States of America in Congress assembled. That the*^®^^ widows,
masters serving on board of gunboats employed in the service ^ee Gunboat^
of the United States shall be entitled to all the benefits, in- Mississippi' Ma-

, ,. , 1 . . -, , . rine Brigade,

eluding bounty and pension, provided for in an act entitled and Navy.
'^An act to grant pensions," passed during the present ses-
sion of Congress, and the widows, mothers, and heirs of
such officers shall be entitled to all the benefits of said act.
Approved July 16, 1862.

AN ACT to prevent and punish frauds upon the Government of the
United States, approved March second, eighteen hundred and sixty-
three.

Re-enacted in section 4746, Revised Statutes.
See Forgery.

500 LAWS RKLATING TO ARMY AND NAVY PENSIONS.

AN ACT to ;imeii<l sr-ctiou nine of the act approved July seventeeutti,
eighteen hundred and sixty-two, entitled "An act to define the pay
and emolunieutsolCrrt.'uii otlicrrs of the Army, and fororher puipoHes."

See sec. 4710, Sec. 2. And be it further enacted, That the act api)roved
July fourteeuth, eighteen hundred and sixty-two, entitled
** An act to grant pensions," is hereby so amended as to in-
clude chaplains in the regular and volunteer forces of the
Army : Provided , That the pension to which a chaplain shall
be entitled for a total disability shall be twenty dollars per
month, and all the provisions of the act to which this sec-
tion is an amendment shall apply to and embrace the wid-
ows, children, mothers, and sisters of chaplains of the land
forces who have died since the fourth day of March, eight-
een hundred and sixty-one, or shall die of wounds or dis-
ease contracted in the service of the United States, and
while such chaplains are or shall be in the line of their duty.

Approved April 9, 1864.

AN ACT supplementary to an act entitled "An act to grant pensions,"
approved July fourteenth, eighteen hundred and sixty-two ; approved
July fourth, eighteen hundred and sixty-four (Revised Statutes, vol.
xiii, chap, ccxlvii).

Bieuniai exam- Be it enacted by the Senate and House of Representatives of
\^o\nu^i\ oVeom- tJic United Statcs of America in Congress assembled, That the
peon?°*c^ert^T biennial examinations of pensioners required by an act ap-
\^oTn t'ed 8^? proved March three, eighteen hundred and fifty-nine, may
ErSepted." ^ l^e made by one surgeon only, provided he is a surgeon of
Su^g^J^ns^™^"^"^' t-he Army or Navy, or an examining surgeon duly appointed
by the Commissioner of Pensions; nor shall the biennial
certificate of two unappointed civil surgeons be accepted
in any case, except upon satisfactory evidence that an ex-
amination by a commissioned or duly appointed surgeon is
iu) practicable.
SurReon'sfees. Sec. 2. And be it further enacted, Thai all fees paid to ex-

art, andsec.Mct aminiug surgcous for biennial examinations, or for exami-
See Examining uatious especially ordered, as provided by the eighth section
of the act to grant pensions, apjjroved July fourteen, eight-
een hundred and sixty-two, shall be refunded by the agent
for i^aying pensions in the district within which the pen-
sioner or claimant resides, out of any money appropriated
for the payment of pensions, under such regulations as the
Commissioner of Pensions may prescribe.

LAWS RELATING TO ARMY AND NAVY PENSIONS. 501

Sec. 3. And be it further enacted, That declarations of ^^^^^^.^il^^^^j^J^^"
pension claimants shall be made before a court of record, or ficer; except jona

■^ 'to this require-

before some officer thereof having custody of its seal, saidment.
officer being hereby fully authorized and empowered to ad- tions.
minister and certily any oath or affirmation relating to any 4714, r. s.
pension or application therefor: Provided, That the Com-
missioner of Pensions may designate, in localities more than
twenty-five miles distant from any place at which such court
is liolden, persons duly qualified to administer oaths, before
whom declarations may be made and testimony taken.
Sec. 4. And be it further enacted. That section twelve of Special service.

: 1 V 1 /. , . , See Special Ex-

the act to grant pensions, approved July fourteenth, eighteen aminers ami spe-
hundred and sixty'-two, is hereby repealed. And the Com- Sons. *™^^
missioner of Pensions is authorized and empowered to detail, r. s^** ^^'^'
from time to time, clerks in his ofiice to investigate suspected
attempts at fraud on the Government through the Pension
Office, and to aid in prosecuting any person so offending,
with such additional compensation as is customary in cases
of special service.

Sec. 5. And be it further enacted. That all persons now by (Repealed by

1 ^-j^i 1 ^ 1 . -, 1. /. . sec. l.actof June

law entitled to a less pension than hereafter specified, who 6, inee.)
shall have lost both feet in the military service of the United Pensions.
States, and in the line of duty, shall be entitled to a pen-R.s.^andamemi'
sion of twenty dollars per month ; and those who, under the '"*'"*''' ti»e'«fo-
same conditions, have lost both hands or both eyes, shall be
entitled to a pension of twenty-five dollars per month.

Sec. G. And be it further enacted, That no pension claim when lack of
now on file, unless prosecuted to a successful issue within Sd e^vuience^fa
three years from the passage of this act, and no claim here- of thiis^sSfoST
after filed, not thus prosecuted to a successful issue within Jcfof^jnT/' 2?;
five years from the date of such filing, shall be admitted ^^Entire section
without satisfactory record evidence from the War Depart- o^^f^lfjaf ^25*
ment to establish the same; and in every case in which a*°i^^'-^'^*^^-

' *' See Arrears.

claim for pension shall have been filed more than three years
after the discharge or decease of the party on whose account
the claim is made, the pension, if allowed, shall commence
from the date of filing the last paper in said case by the
l)arty prosecuting the same.

Sec. 7. And be it further enacted , That on the remarriage widows pen-
of any widow receiving a pension, such pension shall termi- abiea°ftcrremaT^
nate, and shall not be rene^ved should she again become a "K widows,
widow.

Sec. 8. And be H further enacted, That examining sur- See Examining
genns, duly appointed by the Commissioner of Pensions;^"*^^^**^*"
may be required by him, from time to time, as he shall deem
for the interests of the Government, to make special exami-

502 LAWS RELATING TO ARMY AND NAVY PENSIONS.

nations of pensioners on the rolls of their respective districts,

and such examinations shall have precedence over previous

Special exami- examinations, whether special or biennial; but when injus-

na ions. ^.^^ .^ alleged to have been done by any examination so or-

dered, the Commissioner of Pensions may, at his discretion,
select a board of three duly appointed examining surgeons,
who shall meet at a place to be designated by him, and shall

Appeal to board review such cascs as may be ordered before them on appeal

of surgeons. .. -i-,

from any special examination as aforesaid, and the decision
of such board shall be final on the question so submitted

Fees. thereto. The compensation of all such surgeons shall not

exceed that which has been customarily allowed in such
cases, and shall be paid out of any appropriations made for
the payment of pensions, in the same manner as the ordinary
fees of appointed surgeons are or may be authorized to be
paid.

Non-enlisted Sec. 9. And he it further euacted^ That those persons, not
widows entitled, eulistcd soldicrs in the Army, who volunteered for the time

provided c 1 a i ra ... .,, , , • -i ••••^

completed before bciiig to scrvc With any regularly organized military or
ii!actof jiiiy.27, uaval forcc of the United States, or where persons other-
fScorap£tion™o wise volunteered and rendered service in any engagement
July 4, 1872.) ^j^j^ rcbcls or Indians since the fourth day of March, eight-
see par. 3, sec. ccn hundred and sixty-one, shall, if they have been dis-
^^^' ^' abled in consequence of wounds received in battle in such

temporary service, be entitled to the same benefits of the
pension laws as those who have been regularly mustered
into the United States service ; and the widows or other
dependents of any such persons as may have been killed
in the temporary service aforesaid shall be entitled to pen-
sions in the same manner as they would have been had such
persons been regularly mustered : Provided^ That no claim
under this section shall be valid unless presented and ])rose-
cuted to a successful issue within three years from and after
the passage of this act. All such claims shall be adjudi-
cated under such special rules and regulations as the Com-
missioner of Pensions may prescribe most effectually to
guard against fraud.
Pension of Sec. 10. And he it further enacted » That if any person en-

widow, or de- . - _ . ,. , . , \ . - n ^

pendent relative, titled to au luvalid pcnsiou uudcr the provisions of the act
application was granting peiisious, approved July fourteen, eighteen hun-
to"< 'oniVe^ncedred and sixty-two, has died, or shall hereafter die while

when his would ^^ a.' £> i •• j* t \ •

have commenced an application for such peusiou IS pending, and having a
o survive . ^j^i^^qj, dependent relative entitled to receive a pension by
^ reason of his services and death, as provided in said act,
then the pension to such widow or other person shall com-
mence from the date at which the decedent's invalid pen-

LAWS RELATING TO ARMY AND NAVY PENSIONS. 503

8iou would have commenced had he survived, subject to
the conditions of this act and the act to which this is amen-
datory.

Sec. 11. And he it further enacted^ That all enlisted sol- Muster of pn.

-, ,, , , Till. 11 vates not ro-

diers m the Army who shall have become disabled in the quired.
service, whether they shall have been regularly mustered
in or not, shall be entitled to the same benefits of the pen-
sion laws as those who have been regularly mustered into
the United States service; and the widows or other depen-
dents entitled to pensions by law, as prescribed by the act
of July fourteen eighteen hundred and sixty-two, of any
such soldier who may have been killed, or shall have died,
or shall hereafter die, by reason of any wound received or
disease contracted while in Jiaid service and in the line of
duty, shall be entitled to the same pension as though such
soldier had been regularly mustered into the service.

Sec. 12. Aiid he it further enacted^ Th2itthQfQ^^oi2Lg^nt^^^l^^^^^^^^^l
and attorneys for making out and causing to be executed J^^^Jj^^^g^^^g^^^^l^^^^
the papers necessary to establish a claim for a pension, actofjniy8,i87o.)
bounty, and other allowance before the Pension Office, un-
der this act, shall not exceed the following rates: For mak-
ing out and causing to be duly executed a declaration by
the applicant, with the necessary affidavits, and forwarding
the same to the Pension Office, with the requisite corre-
spondence, ten dollars; which sum shall be received by
such agent or attorney in full for all services in obtaining
such pension, and shall not be demanded or received in
whole or in part until such pension shall be obtained; and
the sixth and seventh sections of an act entitled "An act
to grant pensions," approved July fourteenth, eighteen hun-
dred and sixty-two, are hereby repealed.

Sec. 13. And he it further enacted^ That any agent or ^-t- ^^erchlr ^1 du^
torney who shall, directly or indirectly, demand or receive perseded by act

•^ 7 t uj of July 8, 1870.)

any greater compensation for his services under this act
than is prescribed in the preceding sections of this act, or
who shall contract or agree to prosecute any claim for a
pension, bounty, or other allowance, under this act, on the
condition that he shall receive a per centum upon any por-
tion of the amount of such claim, or who shall wrongfully
withhold from a pensioner or other claimant the whole or
any part of the pension or claim allowed and due to such
pensioner or claimant, shall be deemed guilty of a high
misdemeanor, and upon conviction thereof shall, for every
such offense, be lined not exceeding three hundred dollars,
or imprisoned at hard labor not exceeding two years, or

504 LAWS RELATING TO ARMY AND NAVY PENSIONS.

both, according to the circumstances and aggravations of
the offense.
Proof of mar- g^c. 14. And be it further enacted. That the widows and

ri .go in cases oc -^ '

colored c 1 aim- cijii(jx«eu of colorcd soIdicrs who have been or who may be

antJ». I Sec. 14, act ^

of June 6, 1866, hereafter killed, or who have died or may hereafter die, of

repeals this.) . , . , , , , ,. , ,

wounds received in battle, or who have died or may here-
after die of disease contracted in the military service of the
United States, and in the line of duty, shall be entitled to
receive the pensions now provided by law, without other
proof of marriage than that the parties had habitually recog-
nized each other as man and wife, and lived together as sucli
for a definite period next preceding the soldier's enlistment,
not less than two years, to be shown by the affidavits of
credible witnesses: Provided, hoicever, That such widow
and children are free persons: Provided, further , That if
such parties .resided in any State in which their marriage
may have been legally solemnized, the usual evidence shall
be required.

Sec. 15. And he it further enacted, That all acts and parts
of acts inconsistent with the provisions of this act are here-
by repealed.

Approved July 4, 1864.

AN ACT supplementary to the several acts relating to pensions, ap-
proved March three, eighteen hundred and sixty-five. (Revised Stat-
utes, vol. xiii, chap. Ixxxiv.)

rnvaiid not en- Be it enacted by the Senate and House of Representatives of

whiio^L^^lug the United States of America in Congress assembled, That no

Gove^iu^me^n" invalid pensioucr, now or hereafter in the service of the

IJ'^rrof Junr?; United States, shall be entitled to draw a pension for any

1860.) period of time duriug which he is or shall be entitkMl to tlie

full pay or salary which an able-bodied person disciiarging

like duties to the Government is allowed by law.

Acfinj: assist Sec. 2. And bc it further enacted. That acting assistant

ant or contract "^ '

RurjreonH. as as- or coiitract surgcous, disabled by any wound received or

sistant surgoims, .. , ., ,, /. • ^ i • /.

and their rcia discasc coutractcd whilc actually performing the duties oi
assistant surgeons or acting assistant surgeons with any
military force in the field or in transitu, shall be entitled to
the benefits of the pension laws in the same manner as if
they had actually been mustered into the service with the
rank of ** assistant surgeon;'' and,th(^ widows, minor chil-
dren, or the dependents of acting assistant surgeons dying
while performing the duty aforesaid, shall, in like nianner,
be entitled to the same benefits of the peimion laws as if the.
deceased had been actually mustered into the service ua
assistant surgeons.

fives.

LAWS RELATING TO ARMY AND NAVY PENSIONS. 505

Sec. 3. And he it further enacted, That all persons now geS^^of^j^jni
by law entitled to a less pension than hereafter specified, 6, leee.)
who shall have lost one foot and one hand in the military
service of the United States, and in the line of his [their]
dnty, shall be entitled to twenty dollars per month.

Sec. 4. And be it further eiiacted. That if any officer or chihireu, if

, . , . . /. j^. 1 1 '"Other has re-

other person named in the hrst section of an act entitled marriea without

,, 1 T 1 n . • 1 J pavment to her,

*^An act to tyrant pensions," approved July fourteen, eight- to^ draw from
een hundred and sixty-two, has died since the fourth day she has been paiu
of March, eighteen hundred and sixty-one, or shall here-orTemllrriaoe'.
after die by reason of any wound received or disease con- se'?!'"io, 2^^?
tracted while in the service of the United States, and in thefeif J'/tct iSiy
line of duty, his widow, or if there be no widow, or in case^"*' ^^^^'^
of her death or marriage without payment to her of any
part of the pension hereinafter mentioned, his child or chil-
dren under sixteen years of age, shall be entitled to receive
the same i3ension as the hnsband or father would have been
entitled to under said act had he been totally disabled, to
commence from the death of the husband or father, and to
continue to the widow during her widowhood, or to the
child or children until they severally attain to the age of six-
teen years, and no longer : Provided, That when such pen-
sion has been or shall hereafter be paid to the widow, such
child or children shall only be entitled to receive the pen-
sion, to commence from the death or marriage of such widow,
and [to] continue as aforesaid : Provided further, That noth-
ing herein contained shall be construed to repeal or modify
the tenth section of an act entitled "An act supplementary
to * An act to grant pensions,' approved July fourteenth , eight-
een hundred and sixty-two," approved July fourth, eighteen
hundred and sixty four, and said section is hereby declared
to be in full force and effect in all cases arising under this
act to which said section is applicable, saving and except-
ing such cases as are embraced in the preceding proviso.
Approved March 3, 1865.

AN ACT supplementary to the several acts relating to pensions, ap-
proved June six, eighteen hnndred and sixty-six (Revised Statutes,
vol. xiv, chap. cvi).

Be it enacted by the Senate and House of Representatives of invalids— in-
the United States of America in Congress assembled, That pension. (This
section five of an act entitled "An act sui>pleinentary to tuted "or sects'

. i.'Ai i£* A. A. A. • 1 iTi actof Julv4, 18C4,

an act entitled 'An act to grant i>ensions,' npproved July andsec. 3, act of
fourteenth, cightetMi hundred and sixty two," approved Jidy sle'sec. 1 act^f
fourth, eighteen hundred and sixty-four, and section three "^"^^ '^' ^^^'^

506 LAWS RELATING TO ARMY AND NAVY PENSIONS.

of an act entitled ^*An act supplementary to the several
acts relating to pensions,'' approved March third, eighteen
hundred and sixty-five, be, and the same are hereby, re-
pealed, and the following shall stand in lieu thereof: That,
from and after the passage of this act, all persons by law
See Rates of entitled to a less pension than hereinafter specified, who,
while in the military or naval service, and in line of duty,
shall have lost the sight of both eyes, or who shall have
lost both hands, or been permanently and totally disabled
in the same, or otherwise so permanently and totally dis-
abled as to render them utterly helpless, or so nearly so as
to require the constant personal aid and attendance of an-
other person, shall be entitled to a pension of twenty-five
dollars per month ; and all persons who, under like circum-
stances, shall have lost both feet, or one hand and one foot,
or been totally and permanently disabled in the same, or
otherwise so disabled as to be incapacitated for performing
any manual labor, but not so much so as to require constant
personal aid and attention, shall be entitled to a pension of
twenty dollars per month ; and all persons who, under like
circumstances, shall have lost one hand or one foot, or been
totally and permanently disabled in the same, or otherwise
so disabled as to render their inability to perfornl manual
labor equivalent to the loss of a hand or a foot, shall be en-
titled to a pension of fifteen dollars per month.
Pledge, &c., of Sec. 2. And 1)6 it further enacted, That any pledge, mort
p nsion, vou. gQ^gQ^ ssble, assigumcut, or transfer of any right, claim, or

See sec. 4745. R. • , . • • i • i i r. i m.

s. interest in any pension which has been, or may hereafter

be, granted, shall be void and of no eli'ectj and any person
acting as attorney to receive and receipt for money for and
in behalf of any person entitled to a pension shall, before

Oath of attor- receiving said money, take and subscribe an oath, to be
filed with the pension agent, and by him to be transmitted,
with the vouchers now required by law, to the proper ac-
counting officer of the Treasury, that he has no interest in
said money by any pledge, mortgage, sale, assignment, or
transfer, and that he does not know or believe that the same

Peijury. has been so disposed of to any person ; and any person who
shall falsely take the said oath shall be guilty of perjury,
and, on conviction, shall be liable to the pains and penalties
of perjury.

Penalty for Sec. 3. And he it further enacted. That an v person who

post-dating , ,, "^ ' *^ ^ .

vouchers. (See shall prcscut or causc to be presented at any pension agency

act of Jnlv 8, „ ^, . , -

1870.) any power of attorney, or other paper required as a^soucher

in drawing a pension, which paper shall bear a date subse-

LAWS RELATING TO ARMY AND NAVY PENSIONS. 507

qnent to that od which it was actually signed or executed,
such person so oflending shall be deemed guilty of a high
misdemeanor, and shall, on conviction thereof, be punished Sec. 4746, r. s.
by a fine not exceeding five hundred dollars, or by impris-
onment for a term not exceeding three years, or by both, at
the discretion of the court before whom such conviction
shall be had ; and no sum of money due, or to become due,
to any pensioner under the laws aforesaid, shall be liable
to attachment, levy, or seizure by or under any legal or
equitable process whatever, whether the same remains with Protectingpen-
t he. Pension Office, or any officer or agent thereof, or is in traSsit™""^*^
course of transmission to the pensioner entitled thereto, ^* ^^^^' ^" ^*
but shall inure wholly to the benefit of such i)ensioner.

Sec. 4. And he it further enacted, That no claim agent or Fee for prepar-
other person shall hereafter charge or receive more thanjsuper^seded*' by
twenty-five cents for preparing the papers necessary to en- isw.)^* ^"'^ ^'
able a pensioner to receive a semi-annual payment of his pSS^™^"*^^**^
pension, nor shall any pension agent charge or receive more
than fifteen cents for administering an oath to a pensioner,
or his attorney-in-fact, under a penalty of five dollars in each
case.

Sec. 5. And be it further enacted, That section one of an Repeals sec. i,
act entitled ^'An act supplementary to the several acts re- ises.
kiting to pensions," approved March three, eighteen hun-
dred and sixty-five, is hereby repealed.

Sec. 6. And be it further enacted. That if any person en- .Accrued pen-

•^ ' *^ *^ siontogotoheirs.

titled to an invalid pension has died since March four, eight- (See sec 9. act of
een hundred and sixty-one, or shall hereafter die while an See Accrued
application for such pension is pending, and after the proof
has been completed, leaving no widow and no minor child
under sixteen years of age, his heirs or legal representa-
tives shall be entitled to receive the accrued pension to
which the applicant would have been entitled had the cer-
tificate been issued before his death.

Sec. 7. And be it further enacted, That in all cases when y^StS ™i™ talied
a commission shall have been regularly issued to any person tolettie rauk.
in the military or naval service who shall have died or been ^^^- ^^^^' ^- ^•
disabled while in the line of duty, after the date of such com - gee Rank,
mission, and before being mustered, such officer or other
l)3rson entitled to a pension for such death or disability by
existing laws shall receive a pension corresponding to his
rank, as determined by such commission, the same as if he
had been mustered : Provided, That this section shall not Proviso,
apply to any officer who shall have willfully neglected or
refused to be so mustered.

508 LAWS RELATING TO ARMY AND NAVY PENSIONS.

Ousickieaveor Seq. g. jind be it further enacted, That officers absent ou

furlough same as ^7

if infiehi 01 iios- ^ick leave, and enlisted men absent on sick furlough, shall
Sec. 4700, R. s. be regarded in the administration of the pension laws in
the same manner as if they were in the fiehl or hospital.
Period of serv- Sec. 9. And be it further enacted , Tliat thes period of serv-
sec. 4701, R. s. ice of all persons entitled to the benefits of the pension laws,
or on account of whose death any person may become en-
titled to a pension, shall be construed to extend to the time
of disbanding the organization to which such persons be-
longed, or until their actual discharge for other cause thati
the expiration of the service of such organization.
Certain enlisted Sec. 10. And be it further cnactcd. That enlisted men cm

men to be pen- . . •/»,.! i

sinned as pri- ploycd as tcauisters, wagoucrs, artificers, hospital stewards,
farriers, saddlers, and all other enlisted men, however em-
ployed in the service of the Army or Navy, not specifically
mentioned in the first section of an act entitled *'An act to
grant pensions," approved July fourteen, eighteen hundred
and sixty-two, shall be regarded, in the administration of
the pension laws, as non-commissioned officers or privates.
AbMidonment, Sec. 11. And be it further enacted, That if any officer, sol-

o^C* (»^G^ 8CC. o,

act of July 27, dicr, or seaman shall have died of wounds received or of
See sec. 4706, disease contracted in the line of duty in the military or
naval service of the United States, leaving a widow and a
child or children under the age of sixteen years, and it shall
be duly certified under seal, by any court having probate
jurisdiction, that satisfactory evidence has been produced
before such court that the widow aforesaid has abandoned
the care of such child or children, or is an unsuitable per-
son, by reason of immoral conduct, to have the custody of
the same, then no pension shall be allowed to such widow
until said minor child or children shall have become six-
teen years of age, any previous enactment to the contrary*
notwithstanding, and the minor child or children aforesaid
shall be pensioned in the same manner as if no widow had
survived the said officer, sohlier, or seaman, and such pen-
sion may be paid to the regularly authorized guardian of
such minor or minors.
seSnif'randY ^^^' ^^* ^^^ be it further enacted, That section four of .an
18*^62^ itlXidld^^^ entitled "An act to grant pensions," approved July
to tatiiers and fourteen, eighteen hundred and sixty-two, is hereby so
iveiy. (See h<c amended that the ])rovisions thereof shall apply to and in-

1, act ot July 27, , , . , , , , , ,, • .

i«6«.) _ elude tlte orphan brother or brothers, as well as sister or

sisters, under sixteen years of age, and the father as well
as mother of a deceased officer or other person na«ned in
section one of the above-entitled act, who were dependent

LAWS RELATIjS^G to ARMY AND NAVY PENSIONS. 600

upon him for support in whole or in part, subject to the
same limitations and restrictions.

Sec. 13. And be it further enacted, That nothing in this ju1y°' 4*,' Tsef,
or any other act shall be so construed as to repeal or modify oSf one^ennlUn
the sixth section of an act entitled "An act supplementary ^^sec.^4715. r. s.
to *An act to grant pensions,' approved July fourteenth,
eighteen hundred and sixty-two," approved July fourth,
eighteen hundred and sixty-four, or to entitle a person to
receive more than one pension at the same time : and in See sec. e, act

^ ' of July 27, 1868.

every case in which a claim for pension shall not have been
filed within three years after the discharge or decease of i^epeai«<i
the party on whose account the claim is made, the pension, January* 25 '^und
if allowed, shall commence from the date of filing the last ^*''''^ ^' ^^'^
paper in said case by the party prosecuting the same.

Sec. 14. And he it further enacted, That the fourteenth coUabitatioD
section 01 an act entitled '*An act supplementary to an actandofieguimney
entitled ^An act to grant pensions,' approved July four- caserof^oiortd
teeuth, eighteen hundred and sixty -tw^o," approved July sSn^^^epeall
fourth, eighteen hundred and sixty-four, be, and the same ju% l^'isei^^) "^
is hereby, repealed; and that the widows and children of s«c.4706,e.s
(colored soldiers and sailors who have been or may be here-
after killed, or who have died or may hereafter die of
wounds received or of disease contracted in the military or
naval service of the United States, and in the line of duty,
sliall be entitled to receive the pensions, bounty, and back
l)ay provided by law, without other evidence of marriage
than proof satisfactory to the Commissioner of Pensions
that the parties had habitually recognized each other as
man and wife and lived together as such ; and the children
born of any marriage so proved shall be deemed and taken
to be the children of the soldier or sailor party thereto.

Approved June 6, 1866.

A RESOLUTION respecting bounties to colored soldiers, and the pen-
sions, bounties, apd allowances to their heirs, approved June fifteenth,
eighteen hundred and sixty-six. — (Revised Statutes, vol. xiv. No. 46.)

Sec. 2. And be it furtherresolved^Thsit in determiumg who whattobesuffi-
is or was the wife, widow, or heirs of any colored soldier, evi- ma?riajS^*of coi-
dence that he and the woman claimed to be his wife or widow aecure^arrears of
were joined in marriage by some ceremony deemed by them Sf^del^th.*^"** ^^
ol)ligatory; followed by their living together as husband and ^^^' *^^^' ^ ^'
wife up to time of enlistment, shall be deemed sufficient
proof of such marriage for the purpose of securing any
arrears of pay, pension, or other allowances due any colored

510 LAWS RELATING TO ARMY AND NAVY PENSIONS.

Issue of suchsQi(|i(^i> ^t the tiiue of bis death; and the childreo born of

mamage to be '

lawful heirs. any such marriage shall be held and taken to be the lawful
children and heirs of such soldier.
Approved June 15, 1866.

AN ACT increasing the pensions of widows and orphans, and for other
purposes, approved July twenty-fifth, eighteen hundred and sixty-six.
—(Revised Statutes, vol, xiv, chap, ccxxxv.)

shaiT^&c! ™^^" -^^ ^^ enacted hy the Senate and House of Representatives of
^Par.5, sec. 4693, ^/jg United States of AmeHca in Congress assembled, That the
provisions of the pension laws are hereby extended to and
made to include provost marshals, deputy provost marshals,
and enrolling officers, who have been killed or w(>unded in
the discharge of their duties ; and for the purpose of deter-
mining the amount of pension to which such persons and
their dependents shall be entitled, provost marshals shall
Rank of said \)q ranked as captains, deputy provost marshals as first lieu-
tenants, and enrolling officers as second lieutenants.
Jonl>T^wiiows S^^- 2- ^nd be it further enacted, That the pensions to
?Fo? chiwrenTy ^^^^^® ^^ dcceascd soldicrs and sailors having children by
former marriage, smjii dcccascd soldicrs or sailors be increased at the rate of

see sec, 4. act of

•'^"jy ^";«^^H\' c, two dollars per month for each child of such soldier or sailor

Sec. 4703, R. S. ^ . , • i

under the age of sixteen years. And in all cases m which
there shall be more than one child of any deceased soldier
or sailor leaving no widow, or where his widow has died or
married again, or where she has been deprived of her pen-
sion under the provisions of section eleven of an act entitled
"An act supplementary to the several acts relating to pen-
sions," approved June sixth, eighteen hundred and sixty-
six, the pension granted to such children under sixteen years
of age by existing laws shall be increased to the same amount
per month that would be allowed under the foregoing pro-
visions to the widow if living and entitled to a pension :
Provided, That in no case shall more than one pension be
allowed to the same person.
iSviSl**Sf aSt ®^^* ^' ^^^ ^^ *^ further enacted. That the provisions of
andtboset'u^^^e'^" ^^^ entitled *' An act to grant pensions," approved July
mentary thereto, fourteen, eighteen hundred and sixty-two, and of the acts

to all except rev- to ./ 7

oiutionary pen - supplementary thereto and amendatory thereof, are hereby,
See sec. 4712. SO far as applicable, extended to the pensioners under pre-

2LS. (Old Wars.) . , *^ ^ , . \ *

vious laws, except revolutionary pensioners.
vati" p^Jnsion To Sec. 4. And be it further enacted, That if any person dur-
rAm.uided tn»i i^g the pcudcucy of his application for an invalid pension,
secvj^Sofjuiy^^^ ^fter the completion of the proof showing his right
^'sif^" Accrued thereto, has died, or shall hereafter die, but not in either
^Sec!*47i8, R. s. ^^^^ ^>' rcasoii of a wound received or disease contracted in

LAWS RELATING TO AHMY AND NAVY PENSIONS. 6ll

the service of the United States and in the line of duty, his
widow^ or if he left no widow, or m the event of her death
or marriage, his relatives in the same order in which they
would have received a pension if they had been thereunto
entitled under existing laws on account of the services and
death in the line of duty of such person, shall have the right
to demand and receive the accrued pension to which he
would have been entitled had the certificate issued before
liis death ; and in all cases where such person so entitled
to an invalid pension has died, or shall hereafter die, under
circumstances hereinbefore mentioned, whether by reason
of a wound received or disease contracted in the service of
the United States and in the line of duty, or otherwise,
without leaving a widow or such relatives, then such ac-
crued pension shall be paid to the executor or administra-
tor of such person in like manner and effect as if such pen-
sion were- so much assets belonging to the estate of the
deceased at the time of his death.

Sec. 5. And be it further enacted, That the repeal by the ^ J.«^^«»^^^^|
act entitled " An act supplementry to the several acts re- fj^^^^f imT\nd
lating to pensions," approved June sixth, eighteen hundredsec-s actof Man
and sixty-six, of parts of certain acts mentioned in the first \eretofore, and

•^ ^ that granted bv

section of said act, shall not work a forfeiture of any rights snc. i, act of June

, , , « , 6, 18(36, to corn-

accrued under or granted by such parts of such acts so re- mence from last-

pealed ; but such rights shall be recognized and allowed in

the same manner and to all intents and purposes as if said

act had never passed, except that the invalid pensioner

shall be entitled to draw, from and after the taking effect

of said act, the increased pension thereby granted in lieu

of that granted by such parts of such acts so repealed.

Sec. 6. And he it further enacted. That nothing in the, widow not de-

*^ ' barred by remar-

fourth section of an act entitled "An act supplementary to mge if her claim

,. ., \ ^m- ^ ■, • -, ^^s pendinj; at

the several acts relating to pensions," approved March third, said date, and if
eighteen hundred and sixty-five, or in any other supplemen uec eased hus-
tary or amendatory act relating to pensions, shall be so (s"e 8ec'^To,^act
construed as to impair the right of a widow, whose claim " sec.^4708, r. s!
for a pension was pending at the date of her remarriage, to
the pension to which she would otherwise be entitled had
her deceased husband left no minor child or children under
the age of sixteen years.
Approved July 25, 1866.

AN ACT to provide for the payment of pensions.
Be it enacted by the Senate and House of Representatives See sees. 4778,

4779 4780 R S

of the United States of America in Congress assembled, That ' ' " *

51 '2 ^ELATING TO ARMY AND NAVY PENSiONI^.

the President of the United States shall be, and he is hereby,
authorized to establish agencies for the payment of pensions
granted by the United States, wherever, in his judgment,
the public interests and the convenience of the pensioners
require, and by and with the advice and consent of the
Senate, to appoint all pension agents, who shall liold their
offices for the term of four years and until their successors
shall have been appointed and qualified, and who shall give
bond, with good and sufficient sureties, for such amount
and in such form as the Secretary of the Interior may ap-
prove : Provided, That the number of pension agencies in
any State or Territory shall, in no case, be increased here-
after so as to exceed three, and that no such agency shall
be established in addition to those now existing in any
State or Territory in which the whole amount of pensions
paid during the fiscal year next preceding shall not have
exceeded the sum of five hundred thousand dollars: A7ul
provided further y That the term of office of all pension agents
appointed since the first day of July, anno Domini eighteen
hundred and sixty-six, shall expire at the end of thirty days
from the passage of this act ; and the commissions of all
other pension agents now in office shall continue for four
years from the passage of this act unless such agents are
sooner removed.
Approved February 5, 1867.

JOINT RESOLUTION prohibitiug payments by any officer of the Gov-
ernment to any person not known to have been opposed to the rebel-
lion and in favor of its suppression, approved March '2, 1867. — (Re-
vised Statutes, vol. xiv, No. xlvii.)

Joint resoin- Resolved, &c.. That until otherwise ordered, it shall be

tion nnder which ' nr. n i tt • i r^

loyal pensioners uulawful for any ofificcr of the United states Government
states are re- to pay any account, claim, or demand against said Govern-
Sec. '3480, R. s. mcut which accrued or existed prior to the thirteenth of April ,
eighteen hundred and sixty-one, in favor of any person who
promoted, encouraged, or in any manner sustained the late
rebellion, or in favorof any person who, during said rebellion,
was not known to be opposed thereto, and distinctly in favor
of its suppression ; and no pardon heretofore granted, or here-
after to be granted, shall authorize the payment of such
account, claim or demand, until this resolution is modified
or repealed: Provided, That this resolution shall not be
construed to prohibit the payment of claims founded upon
contracts made by any of the Departments where such
claims were assigned or contracted to be assigned prior to

LAWS KELATING TO ARMY AND NAVY PKNSIONS. 513

April first, eighteen hundred and sixty-one, to creditors of
said contractors, loyal citizens of loyal States, in payment
of debts incurred prior to March one, eighteen hundred and
sixty-one.
Approved March 2, isGT.

AN ACT for the reliof of certain soldiers and sailors therein designated.

Be it enacted by the Senate and House of Representatives of ^^-^fjf^^j
the United States of America in Congress assembled^ That no
soldier or sailor shall be taken or held to be a deserter from
the Army or Navy who faithfully served according to his
enlistment until the nineteenth day of April, eighteen hun-
dred and sixty-five, and who, without proper authority or
leave first obtained, did quit his command or refuse to serve
after said date ; but nothing herein contained shall operate
as a remission of any forfeiture incurred by such soldier or
sailor of his pay, bounty, pension, or other allowances, but
this act shall be construed solely as a removal of any dis-
ability such soldier or sailor may have incurred by the loss
of his citizenship in consequence of his desertion.

Approved July 19, 1867.

AN ACT relating to i)eusion8, [to provide for invalids disabled subse-
quent to its passage, and their relatives ; for further increase to in-
valids, additional increase to widows ; pension to children by prior
marriage; increase of pensions to widows of Revolutionary soldiers,
&c.,] approved July 27, 1868. — (Revised Statutes, vol. xv, chap,
cclxiv. )

Be it enacted hti the Senate and House of Representatives of _, snccesaion of

•^ ./ jr ^ dependent rela-

the United States of America in Congress assembled^ That the ti^es.
laws granting pensions to the hereinafter-mentioned de-
pendent relatives of deceased persons leaving neither widow
nor child entitled to pensions under existing laws, shall be sec. 4707, r. s.
so construed as to give precedence to such relatives in the
following order, namely : First, mothers; secondly, fathers;
thirdly, orphan brothers and sisters under sixteen years of
age, who shall be pensioned jointly if there be more than
one: Provided, That if, in any case, the said persons shall Peusious here-

1 /> 1 , , -. /. , I , , ^fore awarded

have left both mother and father who were dependent upon not aftected by
them, then on the death of the mother the father shall be- *
come entitkd to a pension commencing from and after the
death of the mother; and upon the death of the mother and
father the dependent brothers and sisters under sixteen
years of age shall jointly become entitled to such pension
7018 PEN 33

514 LAWS RELATING TO ARMY AND NAVY PENSIONS.

uutil they attain the age of sixteen years, respectively, com-
mencing from and after the death of the party who, preced-
ing them, would have been entitled to the same: And pro-
vided further, That no pension heretofore awarded shall be
affected by anything herein contained.
In case disabu- Sec. 2. And be it further enacted. That no person shall

itv was incurred "^ ^ "^

subsequent to be entitled to a pension by reason of wounds received, or

passage of tins t -i <-.

act. disease contracted, in the service of the United States, sub-

s 4694 RS sequently to the passage of this act, unless the person who
was wounded or contracted disease was in the line of duty ;
and, if in the military service, was at the time actually in
the field, or on the march, or at some post, fort, or garrison ;
or if in the naval service was at the time borne on the books
of some shii), or other vessel of the United States, at sea or
in harbor, actually in commission, or was on his way, by
direction of competent authority, to the United States, or
to soine other vessel or naval station.

Unclaimed pen- Sec. 3. And be it further enacted, That so much of the acts
approved April sixth, eighteen hundred and thirty-eight.

Sec. 4719, R.S. and August twenty- third, eighteen hundred and forty-two,
as requires that pensions remaining unclaimed for fourteen
months after the same has become due shall be adjusted at
the office of the Third Auditor, is hereby repealed ; and the
failure of any pensioner to claim his or her pension for a
period of three years after the same shall have become due,
shall be deemed presumptive evidence that such pension
has legally terminated by reason of the pensioner's death,
remarriage, recovery from disability, or otherwise, and the
pensioner's name shall be stricken from the rolls, subject to

Right of H'sto-t^^ right of restoration to the same on a new application,
ration to rou. ^yji-jj evidence satisfactorily accounting for the failure to
claim such pension.

Increase of pen- Sec. 4. And be it further enacted. That if any officer,

sions of widows '' ' c 7

and of children soldicr, scamau, or enlisted man has died since the fourth

by a former wife.

Sec. 4703, R. s. day of March, eighteen hundred and sixty-one, or shall here-
after die, leaving a widow entitled to a pension, aud a child
or children under sixteen years of age by a former wii'e,
each of said children shall be entitled to receive two dollars
per month, to commence from the death of their father and
continue until they severally attain the age of sixteen years,
to be paid to the guardian of such child or children t'dr
* See HOC. 2, act their use and benefit : Provided, however. That in all cases

0fJuly25, 1866. , ,.-.., -, .., ^, .. i a

wnere such widow is charged with the care, custody, and
maintenance of such child or children, the said sum of two
dollars per mouth for each of said children shall be paid to
her for and during the time she is, or may have been, so

LAWS EELATING TO ARMY AKD NAVY PEKSIONS. 515

charged with the care, custody, and luaintenauce of such
child or children, subject to the same conditions, provisions,
and limitations as if they were her own children by her said
deceased husband.

Sec. 5. And be it further enacted^ That in all cases where widows .md
an increased pension has been or may hereafter be granted red from incmiso
to any widow or guardian of the children under sixteen ancooreducatifm
years of age of a deceased soldier or sailor under an act en- any person ou.cr
titled "An act increasing the pensions of widows, and for *^s?c!^47oX K.li.
other purposes," approved July twenty-fifth, eighteen hun-
dred and sixty-six, or any subsequent act, such widow, or
the guardian of such children, shall not be deprived of such
increase by reason of any child or children of such deceased
soldier or sailor being the inmate of any home, orphan's
asylum, or other public or private charitable institution or-
ganized for the care and education of soldiers' orphans
under the laws of any of the States, or in any school or in-
stitution where such orphan may in whole or in part be
maintained or educated at the expense of a State, or of the
public.

Sec 6. And be it further enacted, That all pensions which Extension of
have been granted in consequence of death occurring or fliTngVnd provis*^
disease contracted, or wounds received, since the fourth day Sesec. SyS'^f
of March, eighteen hundred and sixty-one, or may hereafter sec /i3,^?ct^of
be granted, shall commence from the discharge or from the "^"sS-VoTk. s.
death of the person on whose account the pension has been ^\?^®Addinda.
or shall hereafter be granted : Provided, That the applica-
tion for such pension has been, or shall hereafter be, filed
with the Commissioner of Pensions within five years after
the right thereto shall have accrued j except that applica-
tions by or in behalf of insane persons and children under
sixteen years of age may be filed after the expiration of
the said five years, if previously thereto they were with-
out guardians or other proper legal representatives.

Sec. 7. And be it further enacted. That immediately upon Notification of
the passage of this act, or as soon thereafter as may be prac- *^*^® *^ arrears.
ticable, it shall be the duty of the Commissioner of Pensions
to give public notice of the contents of the foregoing sec-
tion, particularly at the offices of the several pension agen-
cies ; and upon any application by letter or otherwise for or
on behalf of any person entitled to the benefit of its provis-.
ions, or upon any notification that such person is so entitled,
to pay or cause to be paid to him all such arrears of pen.
sions as he may be entitled to under the provisions of said
section; and no claim agent or other person shall be en- -^^ f^es to
titled to receive any compensation for services in making age^^^a*

516 LAWS KELATING TO ARMY AND NAVY PENSIONS.

application for the arrears of pension under this and the

I)receding section.
8i^^?o^hiid?eS,' Sec. 8. And he it further enacted, That section eleven of
?he^^a^ge^^of ^sS ^^^ entitled "An act supplementary to the several acts re-
ISdoned or be^ ^^^^^^ ^^ pcnsious,'^ approvcd Juue six, eighteen hundred
come unfit for tiie and sixtv-six, be amended and re-enacted so as to read as

care of them. •^ "

(Re-enacts sec. foUows : " That if auv officcr, soldier, or seaman shall have

n, act of June 6, J J 7

1866.) Evidence died of wouuds rcccivcd or of disease contracted in the line

satisfactory to . . . _ ^^ . _

Commissioner of of duty lu the military or naval^service of the United States,
Sec. 4706, K. s. leaving a widow and a chitd or children under the age of
sixteen years, and it shall be duly certified under seal, by
any court having probate jurisdiction, that satisfactory evi-
dence has been produced before such court that the widow
aforesaid has abandoned the care of such child or children,
or is an unsuitable person, by reason of immoral conduct,
to have the custody of the same, or on presentation of satis-
factory evidence thereof to the Commissioner of Pensions,
then no pension shall be allowed to such widow until said
child or children shall have severally become sixteen years
of age, any previous enactment to the contrary notwith-
standing; and the child or children aforesaid shall be pen-
sioned in the same manner as if no widow had survived the
said oflQcer, soldier, or seaman, and such pension may be
paid to the regularly-authorized guardian of such cJiild or
children,"
Pending claim Sec. 9. And 1)6 it further enacted. That section six of an
pieted by heffs act entitled " An act supplementary to the several acts re-
^dow^nor'chud latin g to pensions," approved June six, eighteen hundred
^"sS1^47i8, R. s. and sixty-six, be and the same is hereby, amended and re-
penlion.^^^^"^^ euactcd, SO as to read as follows : That if any person en-
• titled to a pension has died since March fourth, eighteen
hundred and sixty-one, or shall hereafter die while an appli-
cation for such pension is pending, leaving no widow and
no child under sixteen years of age, his or her heirs or legal
representatives shall be entitled to receive the accrued pen-
sion to which the applicant would have been entitled had
the certificate been issued before his or her death.
thlS^^ ml *'a T' ^■^^' ^^' ^^^ ^^ ^^ further enacted, That the remarriage
after remamase. of any widow or dependent mother, otherwise entitled to a

(See sec. 6, July J f ^

25 1866.) pension prior to the application therefor, or to the issue or

R. s. ' 'a i)ension certificate to her, shall not debar her right to a
pension for the period elapsing from the death of her hus-
band or son, on account of whose services and death she
may claim a pension, to her remarriage : Provided, however,
That nothing in this section shall be construed to repeal or
modify the fourth section of an act entitled "An act supple-

LAWS RELATING TO ARMY AND NAVY PENSIONS. 517

iiientary to the several acts granting pensions," approved
March third, eighteen hnndred and sixty-five.

Sec. 11. And he it further enacted, That the provisions of tim?*foT c^mpie^
the ninth section of an act approved July fourth, eighteen tjon of oiaima of

^ ^ '^ 70 non-enhstedmen.

hundred and sixty -four, entitled "An act supplementary to -Par. 3, sec. 4693,
^An act to grant pensions,' " are hereby continued in force
for five years from the fourth day of July, eighteen hundred
and sixty-seven.

Sec. 12. And he it further enacted, That section one of an Jj^rea^Sy^^forioss
act entitled "An act supplementary to the several acts re- ^^^- ^^^^^ ^- ^•
latiug to pensions," approved June six, eighteen hundred
and sixty -six, shall be so construed as to secure to every
person entitled by law before the passage of said act to a
less pension than twenty-five dollars per month, who, while
in the military or naval service, and in the line of duty, or
in consequence of wounds received or disease contracted
therein, having only one eye, shall have lost the same, a
pension of twenty-five dollars per month.

Sec. 13. And he it further enacted. That the third section Pensions by

. ' /. . -1 reason of right aC'

of an act entitled "An act increasing the pensions of widows crued since Revo-
and orphans, and for other purposes," approved July twenty- 1862, to be rated
fifth, eighteen hundred and sixty-six, shall be so construed isee^sam J as

., ,, . , •i^j.ij. 31, those underact of

as to place all pensioners whose right thereto accrued sub- 1862, and suppie-
sequently to the war of the Revolution, and prior to the ™fseeoid wars.)
fourth day of March, eighteen hundred and sixty -one, on the
same footing, as to rate of pension, from and after the pas-
sage of said act, as those who have been pensioned under
acts passed since said fourth day of March, eighteen hun-
dred and sixty-one ; and the widows of revolutionary sol- Revolutionary

. . 1 n 1 x-i. widows to receive

dici s and sailors now receiving a less sum shall hereafter at least $8 per
be paid at the rate of eight dollars per month.

Sec. 14. And he it further enacted. That all officers in the i^imbs to offl-

•^ ' cers.

military or naval service, of the rank of captain in the see Artificial
Army or lieutenant in the Navy, and of less rank, who have
lost a leg or an arm in such service and in the line of duty,
or in consequence of woun^ received or disease contracted
therein, shall be entitled to receive an artificial limb on the
same terms as privates in the Army are now entitled to re-
ceive the same.

Sec. 15. And he it further enacted. That in all cases pen- Special acts.

•^ ^ ^ Sec. 4720, R. S.

sions heretofore or hereafter granted by special acts of Con-
gress shall be subject to be varied in amount according
to the provisions and limitations of the pension laws.

Sec. 16. And he it further enacted, That all acts and parts
of acts inconsistent with the foregoing provisions of this
act be, and the same are hereby, repealed.

Approved July 27, 1868.

518 LAWS RELATING TO ARMY AND NAVY PENSIONS.

AN ACT to coustruo certain acts therein cited in relation <o pcnwioitN,
approved July 7, 1870.

Acts of July 25, j^e U cnacted hy the Senate and House of Representatives of

1866, an<iJuly27, "^ J if J

18C8, uot con- the United States of America in Congress assembled. That

atnied to increase /.t-i r./»i.i

or reduce special neither the act of July twenty-fifth, eighteen hundred and
"*^ser"8ec°%72o, sixty-six, entitled *'An act increasing the pensions of wid-
speciai acts, ows and orphaus, and for other purposes," nor the act of
July twenty seventh, eighteen hundred and sixty-eight, en-
titled ''An act relating to pensions," shall be so construed as
to increase the amount directed to be paid in any special
act of Congress granting a pension ; nor shall said acts be
construed so as to reduce the same whenever such act fixes
definitely the amount of pension to which the person there-
in named shall be entitled, in excess of the rate fixed by
general law for the rank in respect to which such special
pensions may have been or may hereafter be granted.

Sec. 2. And he it further enacted^ That this act shall have
the effect to restore to the persons affected hereby any sums
heretofore withheld from them by the construction herein-
before prohibited.

Approved July 7, 1870.

AN ACT to define the duties of pension agents, to prescribe the manner
of paying pensions, and for other purposes, approved July 8, 1870.

TiaPHmntai of Be it enacted by the Senate and House of Representatives of
sioners. the United States of America in Congress assemhted. That,

See sec 4764

R. 8. ' within fifteen days immediately preceding the fourth day of

March, June, September, and December in each year, tlie
several agents for the payment of pensions shall prepare a
quarterly voucher for each and every person whose pension
is payable at his agency, and transmit the same by mail,
directed to the address of the pensioner named in such
voucher, who, on or after the fourth day of March, June,
September, and December next^ucceeding the date of such
voucher, may execute and return the same to the agency at
which it was prepared, and at which the pension of such
person is due and payable.
^ Sec. 2. And he it further enacted. That upon the receipt

Payraont of 7 *• *

pensions. of such vouchcr, propcrlv executed, and the identity of the

Sec. 4705, R. S. . ,.,,.,, , . ,

pensioner being established and proven in the manner pre-
. scribed by the Secretary of the Iqterior, the agent for the
payment of pensions shall immediately draw his cheek on
the proper assistant treasurer or designated depositary of
the United States for the amount due such pensioner, pay-

LAWS RELATING TO ARMY AND NAVY PENSIONS. 519

tible to bis or her order, and transmit the same by mail, di-
rected to the address of the pensioner entitled thereto; but
any pensioner may be required, if thought proper by the
Commissioner of Pensions, to appear personally and receive
his pension.
Sec. 3. And be it further enacted. That hereafter no pen- The only pay-

"^ -111 • ment of pension

sion shall be paid to any person other than the pensioner to others than

.,,,•, -."^.i I- 1 .1 pensioners allow -

entitled thereto, nor otherwise than according to the pro-abie.isinthecase
visions of this act j and no warrant, power of attorney, or fegSf dSiuties!
other paper executed or purporting to be executed by any Sent in^ foiSgii
l)ensioner to any attorney, claim agent, broker, or other *^*^Sec."7G6, r.s.
person, shall be recognized by any agent for the payment
of pensions, nor shall any pension be paid thereon : Pro-
ridedy That payment to persons laboring under legal disa-
bilities may be made to the guardians of such i>ersons in
the manner herein prescribed: And provided further, That
pensions payable to persons in foreign countries may be
made according to the provisions of existing laws.

Sec. 4. And be it further enacted. That, in addition to fhe - Compensation

•^ ' ' 01 pension agents.

compensation now allowed by law, each pension agent shall ^^^' 4767, k. s.

be allowed, as full compensation for all service, including

l)ostage required by the provisions of this act, the sum of

thirty cents, and no more, for each voucher prepared and

paid by him, which amount shall be paid by the United

States. And any pension agent or other person employed

or appointed by him who shall take or receive, or demand

any fee or reward from any pensioner for any service in

connection with the payment of his or her pension, shall

be held guilty of a misdemeanor, and shall be punished by

a fine not exceeding five hundred dollars.

Sec. 5. And be it further enacted, That the Secretary of ^^fy™^J*»***^^J
the Interior shall cause suitable blanks for the vouchers jo"*"^**^"' ^^^<^

by pension

mentioned in the first section of this act to be printed and«>K|nts.
distributed to the agents for the payment of pensions, upon
which he shall cause a note to be printed informing pen-
sioners of the fact that hereafter no pension will be paid
except upon the vouchers issued as herein directed ; and
he shall also give all necessary instructions and make all
needful regulations for carrying this act into efl'ect.

Sec. 6. And be it further enacted, That agents for the Pension agents
payment of pensions, and any clerks appointed by them to takeTmSavits
and designated in writing for that purpose, which designa- sion" di?ect^*To
tion shall be returned to and filed in the office of the Com-Peadnr'in pe^^
missioner of Pensions, are hereby authorized and required, *'*'sec. 4784, r. s.
without any fee therefor, to take and certify the affidavits
of all pensioners and their witnesses who may personally

520 LAWS RELATING TO ARMY AND NAVY PENSIONS.

appear before them for that purpose, in which case the
check for the pension, when due and payable, shall be given
direct to the hand of the party entitled thereto, if desired,
and not mailed to his or her address as required by the
second section of this act ; and any person who shall falsely
and corruptly take and subscribe any such affidavit before
any agent or his designated clerk for the payment of pen-
sions shall be deemed guilty of perjury, and, on conviction,
be punished by imprisonment not exceeding five years, and
by line not exceeding one thousand dollars.
Claim agents Sec. 7. And 1)6 it further enacted. That the fee of aarents

and attorneys' n -, • -. «

fees not to exceed and attorneys for the preparation and prosecution of a claim

twenty-five dol- _ . •" . ^ , , . ^^ ^^

lars, and, no for pension or bounty-land, under any or all the various
fiStnot to^ex^ acts of Cougress granting the same, shall not exceed in any
Sec. 4780, R.s'. casc the sum of twenty-five dollars. It shall be the duty
of the agent or attorney of record in the prosecution of the
case to cause to be filed with the Commissioner of Pen-
sions, for his approval, duplicate articles of agreement, with-
out additional cost to the claimant, setting forth the fee
agreed upon by the parties, and which agreement shall be
executed in presence of and certified by some officer com-
petent to administer oaths. In all cases where application
is made for pension or bounty -land, and no agreement is
filed with and approved by the Commissioner as herein pro-
vided, the fee shall be ten dollars and no more.
traSt£^*^fOT*^de- ^^^* ^' -^^^ ^^ it further enacted^ That any agent or at-

mandiiig, or re- tomey who shall, directlv or indirectly, contract for, de-
ceiving excessive tJ . T O .7 7 7

^®c >i^QK mand, receive or retain any greater compensation for his

and 5485, E. s. serviccs as such agent or attorney, in any claim for pension
or bounty-land, than is prescribed or allowed under the pro-
visions of the preceding section, shall be deemed guilty of
a misdemeanor, and, upon conviction thereof, shall, for every
such offense, be fined not exceeding five hundred dollars, or
imprisoned at hard labor not exceeding five years, or both,
in the discretion of the court.
Pension certifl. Sec. 9. And 1)6 it further enacted. That the Commissioner

cate and direc- "^ '

tious as to fee in of Peusious shall forward the certificate of pension granted

6AC1I OJlRft t,0 lift

sent to pension in any casc to the agent for paying pensions where said cer-
Sec.'4768, R. s. tificatc shall be made jiayable, and at the same time fprward
therewith one of the articles of agreement filed in the case
and approved by the Commissioner, setting forth the fee
agreed upon between the claim ant and the attorney or agent,
and where no agreement is on file, as hereinbefore provided,
he shall direct that a fee of ten dollars only be paid said
agent or attorney.

LAWS RELATING TO ARMY AND NAVY PENSIONS. 521

Sec. 10. And he4t further enacted, That it shall be tbe duty toAf^forwarcfed
of the agent paying such pension to deduct from the amount ^ygP^uskmageu^t.
due the pensioner the amount of fee so agreed upon or di-
rected by the Commissioner to be paid where uo agreement
is filed and approved, and to forward or cause to be for-
warded to the agent or attorney of record named in the said
agreement, or, in case there is no agreement, to the agent
prosecuting the case, the amount of the proper fee, deduct-
ing therefrom the sum of thirty cents in jjaymeut of his
services in forwarding the same.

Sec. 11. A7id be it further enacted, That all acts and parts
of acts in conflict with the provisions of this act be, and the
same are hereby, repealed.

Approved July 8, 1870.

AN ACT granting pensions to certain soldiers aqd sailors of tbe war
of eighteen hundred and twelve, and the widows of deceased soldiers
approved February fourteenth, eighteen hundred and seventy-one.

Be it enacted by the Senate and House of Representatives of Pensions grant-

. . . ^^ 7 -I T rm, , ed to certain sol-

the united States of America m Congress assembled, That thediers and sailors
Secretary of the Interior be, and he is hereby, authorized and the survivl
and directed to place on the pension roll the names of thcof^^^ ^^^ ^^^
surviving officers and enlisted and drafted men, including peiSona, war^ot'
militia and volunteers, of the military and naval service of ^'^^^^
the United States who served sixty days in the war with
Great Britain of eighteen hundred and twelve, and were
honorably discharged, and to such officers and soldiers as
may have been personally named in any resolution of Con-
gress for any specific service in said war, although their
term of service may have been less than sixty days, and
who at no time during the late rebellion against the au-
thority of the United States adhered to the cause of the
enemies of the Government, giving them aid and comfort,
or exercised the functions of any office whatever under any
authority or pretended authority in hostility to the United
States, and who shall take and subscribe an oath to supi)ort
the Constitution of the United States, and the surviving
widows of such officers and enlisted and drafted men : Pro- Proviso.
vided, Th'tit such widow shall have been married prior to
the treaty of peace which terminated said war to an officer,
or enlisted or drafted man who served as aforesaid in said
war, and shall not have remarried.

Sec. 2. And be it further enacted, That this act shall not Act not appii-

,. ,. .. .,,, , cable to persons

apply to any person who is receiving a pension at the ratereciving fuii
of eight dollars or more per month, nor to any person re- p®°*^°°^'

522 LAWS RELATING TO ARMY AND NAVY PENSIONS.

ceiviiig a pension loss tban eight dollars per iiioutli, except

for the diftereuce between the pension now received and

eight dollars per month. Pensions under this act shall be

Rate of pen- at the rate of eight dollars per month, except, as herein pro-

HioijB iimU-r this • i i i • • • • n ■, .^

Hct. vided, when a person is receiving a pension of less than

eight dollars per month, and shall be paid to the persons
entitled thereto from and after the passage of this act for
and during the term of their natural lives.
Proof required. Sec. 3. And he it further enacted^ That before the name
of any {)erson shall be placed upon the pension roll under
this act proof shall be made, under such rules and regula-
tions as the Secretary of the Interior may prescribe, that
. the applicant is entitled to a pension under the provisions
of this act; and any person who shall falsely take any oath
required to be taken under the provisions of this act shall
Perjury. be guilty of pcrjury ; and the Secretary of the Interior shall
, , cause to be stricken from the pension roll the name of any

Names to be * "^

Btricken from the persou whcuever it shall appear by proof satisfactory to him

of fraud. that such uamc was put upon such roll through false or

fraudulent rej^resentations as to the right of such person to

Loss of certifi- a pcusiou uuder the provisions of this act. The loss of a

cate of discharge *■ ^

no bar to title, certificate of discharge shall not deprive the applicant of

the benefits of this act, but other proof of service performed

and of an honorable discharge, if satisfactory, shall be

deemed sufficient.

Provisions of Sec. 4. And be it further enacted, That the provisions of

cabTe^to\hi«fauIi scctious twclve and thirteen of an act entitled "An act sup-

(See also po»^-^ plcmeutarv to ^An act to grant pensions,'" approved July

act Mar 3 1871 ) c a / *.

fourth, eighteen hundred and sixty-four, and of Sections
two, three, and four of an act entitled "An act supplemen-
tary to several acts relating to pensions," approved June
six, eighteen hundred and sixty-six, shall be applicable to
the pensions granted by this act.
Approved February 14, 1871.

AN ACT making appropriations to supply deficiencies in the appropria-
tions for the service of the Government for the fiscal years ending
June thirty, eighteen hundred and seventy, and June thirty, eighteen
hundred and seventy-one, and for former years, and for other pur-
poses, approved March three, eighteen liundred and seventy-one.
*♦#*#♦*

Appropriations. For the payment during the fiscal year ending June thirty,
eighteen hundred and seventy-one, of pensions, under tlie
,act of February fourteen, eighteen hundred and seventy-
one, granting pensions to certain soldiers and sailors of the

LAWS DELATING TO AKMY AND NAVY PENSIONS. 523

war of eighteen liniulrcd and twelve, and the widows of

deceased soldiers and sailors, two hundred and forty t^liou-

sand dollars : Provided, That the provisions of the act of j Provisos-act of.

Congress entitled '^ An act to define the duties of P^^^ion pi^cawe^to _j>ea-

agents, to prescribe their manner of paying pensions, and '^'f^^^\ «^ *"®^-

for other purposes," approved July eight, eighteen hundred

and seventy, shall be, and the same is hereby, declared to

be applicable to all pensions granted by virtue of the said

act, approved February fourteen, eighteen hundred and p^sions, wS of

1812."

seventy-one.
Approved March 3, 1871.

AN ACT to authorize the payment of duplicate checks of disbursing

officers.

Be it enacted hy the Senate and House of Representatives of sec. 477o,r. s.,
the United States of America in Congress a^semhled, That in s.
place of original checks issued for pensions, when lost,
stolen, or destroyed, disbursing officers and agents of the
United States are hereby authorized, after the expiration
of six months from the date of such checks, to issue dupli-
cate checks, and the Treasurer, assistant treasurers, and des-
ignated depositaries of the United States are directed to
pay such checks, drawn in pursuance of law by such offi-
cers or agents, upon notice and proof of the loss of the orig-
inal check or checks, under such regulations in regard to
their issue and payment, and upon the execution of such
bonds, with sureties, to indemnify of the United States, as
the Secretary of the Treasury shall prescribe : Provided,
That this act shall not apply to any check exceeding in
amount the sum of five hundred dollars.

Approved, April 19, 1871.

AN ACT to authorize the payment of duplicate checks of disbnrsing

officer.

Be it enacted by the Senate and House of Representatives of Sec. 4770 r.s.
the United States of America in Congress assembled, That ins.
place of original checks, when lost, stolen, or destroyed, dis-
bursing officers and agents of the United States are hereby
authorized, after the expiration of six months from the date
of such checks, and within three years from such date, to
issue duplicate checks, and the Treasurer, assistant treas-
urers, and designated depositaries of the United States are

524 LAWS RELATING TO ARMY AND NAVY PENSIONS.

directed to pay sucli checks, drawn in pursuance of law by
such officers or agents, upon notice and proof of the loss of
the original check or checks, under such regulations in re-
gard to their issue and payment, and upon the execution of
such bonds, with sureties, to indemnify the United States,
as the Secretary of the Treasury shall prescribe : Provided,
That this act shall not apply to any check exceeding in
amount the sum of one thousand dollars.

Sec. 2. That in case the disbursing officer or agent by
whom such lost, destroyed, or stolen original check was
issued, be dead, or no longer in the service of the United
States, it shall be the duty of the proper accounting officer,
under such regulations as the Secretary of the Treasury
shall prescribe, to state an account in favor of the owner of
such original check for the amount thereof, and to charge
such amount to the account of such officer or agent.

Approved, February 2, 1872.

AN ACT to prohibit the retention of soldiers' discharges by claim-
agents and attorneys.

Be it enacted by the Senate and Houm of Representatives of
the United States of America in Congress assembled, That any
claim agent, attorney, or other person engaged in the col-
lection of claims for pay, bounty, pension, or other allow-
ance for any soldier, sailor, or marine, or for any commis-
sioned officer of the military or naval forces, or who may
have been a soldier, sailor, marine, or officer of the regular
or volunteer forces of the United States, and honorably dis-
charged, who shall retain, without the consent of the owner
or owners thereof, or shall refuse to deliver or account for
the same upon demand duly made by the owner or owners
tliereof, or by their agent or attorney, the discharge-papers
or land-warrant of any such soldier, sailor, or marine, or
commissioned officer, which may have been placed in his
hands for the purpose of collecting said claims, shall be
deemed guilty of a misdemeanor, and shall, upon convic-
tion, be punished by fine not exceeding five hundred dollars,
or by imprisonment not exceeding six months, or both, at
the discretion of the court, and shall thereafter be debarred
from prosecuting any such claim in any executive depart-
ment of the government.

Approved May 21, 1872.

LAWS RELATING TO ARMY AND NAVY PENSIONS. 525

AN ACT iiicreasiug the rates of pension to certain i)er8ons therein de-
scribed.

Be it enacted hy the Senate and House of Representatives of
the United States of America in Congress assembled^ That the
act entitled "An act supi)lementary to the several acts re- see sec. 4698,
lating to pensions," approved June sixth, eighteen hundred
and sixty-six, be so amended that from and after the pas-
sage of this act all persons entitled by law to a less pension
than hereinafter specified, who, while in the military or
naval service of the United States and in line of duty, shall
have lost the sight of botli eyes, or shall have lost both
hands, or shall have lost both feet, or been permanently and
totally disabled in the same, or otherwise so i^ermanently
and totally disabled as to render them utterly helpless, or
so nearly so as to require the constant personal aid and at-
tendance of another person, shall be entitled to a pension
of thirty-one dollars and twenty-five cents per month ; and
all persons who under like circumstances shall have lost
one hand and one foot, or been totally and permanently dis-
abled in the same, or otherwise so disabled as to be inca-
pacitated for performing any manual labor, but not so much
as to require constant personal aid and attendance, shall be
entitled to a pension of twenty -four dollars per month ; and
all persons who under like circumstances shall have lost
one hand, or one foot, or been totally and permanently dis-
abled in the same, or otherwise so disabled as to render their *
incapacity to perform manual labor equivalent to the loss
of a hand or foot, shall be entitled to a pension of eighteen
dollars per month, from and after the fourth day of June,
eighteen hundred and seventy -two. * »

Approved June 8, 1872.

AN ACT to revise, consolidate, and amend the laws relating to pensions.

Be it enacted hy the Senate and House of Representatives of
the United States of America in Congress asseinhled^ That if
the ability of any officer of the army, including regulars^
volunteers, and militia, or any officer in the navy or marine
corps, or any enlisted n^an, however employed, in the mili-
tary or naval service of the United States, or in its marine
corps, whether regularly mustered or not, disabled by rea- see sec. 4692,
son of any wound or injury received, or disease contracted,
while in the service of the United States, and in the line of
duty ; any master serving on a gunboat, or any pilot, engi-
neer, sailor, or other person not regularly mustered, serving
upon any gunboat or war-vessel of the United States, dis-

626 LAWS RELATING TO ARMY AND NAVY PENSIONS.

abled by any wound or injury received, or otherwise in-
capacitated, while in the line of duty, for procuring his
subsistence by manual labor ; any person not an enlisted
soldier in the army, serving for the time being as a member
of the militia of any State under orders of an officer of the
United States, or who volunteered for the time being to
serve with any regularly organized military or naval force
of the United States, or who otherwise volunteered and
rendered service in any engagement with rebels or Indians,
disabled in consequence of Wounds or injury received in the
line of duty in such temporary service ; any acting assist-
ant or contract surgeon, disabled by any wound or injury
received or disease contracted in the line of duty while act-
ually performing the duties of assistant surgeon or acting
assistant surgeon with any military force in the field or in
transitu or in hospital, or any provost-marshal, deputy pro-
vost-marshal, or enrolling officer, disabled by reason of any
wound or injury received in the discharge of his duty, to
procure a subsistence by manual labor, has been since the
fourth day of March, eighteen hundred and sixty-one, or
shall hereafter be impaired by reason of such disability, he
shall, upon making due proof of the fact according to such
forms and regulations as are or may be provided by and in
pursuance of law, be placed upon the list of invalid pen-
sioners of the United States, and be entitled to receive, for
a total disability or a permanent specific disability, such
pension as is hereinafter provided in such cases, ^nd for an
inferior disability, except in cases of permanent specific dis-
ability for which the rate of pension is expresslj^ i)rovided,
an amount proportionate to that provided for total disability,
to commence as hereinafter provided, and to continue dur-
^Par.3,8ec.4693, ing the existeucc of the disability : Provided, That no claim
of a State militiaman, or non-enlisted person, on account ot
disability from wounds or injury received in battle with
rebels or Indians, while temporarily rendering service, shall
be valid unless prosecuted to a successful issue prior to the
fourth day of J uly, eighteen hundred and seventy-four : And
Sec. 4694, R. ^.provided further, That no person shall be entitled to a pen-
sion by reason of wounds or injury received or disease con-
tracted in the service of the United States subsequent to
the twenty-seventh day of July, eighteen hundred and sixty-
eight, unless the person who was wounded or contracted the
disease was in the line of duty ; and, if in the military serv
ice, was at the time actually in the field, or on the march,
or at some post, fort, or garrison, or en route by direction
of competent authority to some post, fort, or garrison ) or.

LAWS KELATING TO AKMY AND NAVY PENSIONS. 527

it* in the naval service, was at the time borne ou the books
of some ship or other vessel of the United States, at sea or
in harbor, actually in commission, or was at some naval
station, or on his way, by direction of competent authority,
to the United States, or to some other vessel, or naval sta-
tion, or hospital.

Sec. 2. That the pension for total disability shall be as Sec4695,ii,s.
follows, namely : For lieutenant- colonel and all officers of
higher rank in the military service and in the marine corps,
and for captain, and all officers of higher rank, commander,
surgeon, paymaster, and chief engineer, respectively rank-
ing with commander by law, lieutenant commanding and
master commanding, in the naval service, thirty dollars per
month ; for major in the military service and in the marine
corps, and lieutenant, surgeon, paymaster, and chief engi-
neer, respectively ranking with lieutenant by law, and
passed assistant surgeon in the naval service, twenty-five
dollars per month ; for captain in the military service and
in the marine corps, chaplain in the army, and provost mar-
shal, professor of mathematics, master, assistant surgeon,
assistant i)aymaster, and chaplain in the naval service, v

twenty dollars per month j for first lieutenant in the military
service and in the marine corps, acting assistant or contract
surgeon, and deputy provost-marshal, seventeen dollars per
month ; for second lieutenant in the military service and in
the marine corps, first assistant engineer, ensign, and pilot
in the naval service, and enrolling officer, fifteen dollars per
month; for cadet-midshipman, passed midshipman, mid-
shipmen, clerks of admirals and paymasters, and of other
officers commanding vessels, second and third assistant en-
gineer, master's mate, and all warrant officers in the naval
service, ten dollars per month ; and for all enlisted men
whose rank or office is not mentioned in this section, eight
dollars per month; and the masters, pilots, engineers, sail-
ors, and crews upon the gunboats and war-vessels shall
be entitled to receive the pension allowed herein to those
of like rank in the naval service ; and every commissioned
officer of the army, navy, or marine corps, shall receive such See. 4696. r. s.
and only such pensions as is herein provided for the rank
he held at the time he received the injury, or contracted
the disease which resulted in the disability, on account of
which he may be entitled to a pension ; and any commis
sion or presidential appointment, regularly issued to such
person, shall be taken to determine his rank from and
after the date, as given in the body of the commission or
appointment conferring said rank: Provided^ That a va-

528 LAWS RELATING TO ARMY AND NAVY PENSIONS.

cancy existed in the rauk thereby couferred; that the per-
son comniissioued was not so disabled for military duty j aud
that he did not willfully ueglect- or refuse to be mustered.

Sec. 4697, K. s. Sec. 3. That for the period commencing July fourth,
eighteen hundred and sixty-four, and ending June third,
eighteen hundred and seventy-two, those persons entitled
to a less pension than hereinafter mentioned, who shall have
lost both feet in the military or naval service and in the line
of duty, shall be entitled to a pension of twenty dollars per
mouth 5 for the same period those persons who, under like
circumstances, shall have lost both hands or the sight of
both eyes, shall be entitled to a pension of twenty-five dol-
lars per month ; and for the period commencing March third,
eighteen hundred and sixty-five, andending June thinl,
eighteen hundred and seventy-two, those i)ersons who under
like circumstances shall have lost one hand and one foot, shall
be entitled to a pension of twenty dollars per month ; and
for the period #ommencing June sixth, eighteen hundred
and sixty-sis, and ending June third, eighteen hundred and
seventy-two, those persons who under like circumstances

' shall have lost one hand or one foot, shall be entitled to

a pension of fifteen dollars i)er month ; and for the period
commencing June sixth, eighteen hundred and sixty-six,
and ending June third, eighteen hundred and seventy-two,
those persons entitled to a less pension than hereinafter
mentioned, who by reason of injury received or disease con-
tracted in the military or naval service of the United States
and in the line of duty, shall have been permanently and
totall}^ disabled in both hands, or who shall have lost the
sight of one eye, the other having been previously lost, or
who shall have been otherwise so totally and permanently
disabled as to render them utterly helpless, or so nearly so
as to require regular i)ersonal aid and attendance of another
person, shall be entitled to a pension of twenty-five dollars
per month ; and for the same period those who under like
circumstances shall have been totally and permanently dis-
abled in both feet, or in one hand and one foot, or otherwise
so disabled as to be incapacitated for the performance of
any manual labor, but not so much as to require regular
personal aid and attention, shall be entitled to a pension of
twenty dollars per month ; and for the same period all per-
sons who under like circumstances shall have been totally
and permanently disabled in one hand, or one foot, or other-
wise so disabled as to render their inability to perform man-
ual labor equivalent to the loss of a hand or foot, shall bo
entitled to a pension of fifteen dollars per month.

LAWS RELATING TO ARMY AND NAVY PENSIONS. 529

Sec. 4. That from and after June fourth, eighteen hun- Sec.4698,R s.
dred and seventy- two, all persons entitled by law to a less
pension than hereinafter specified, who, while in the military
or naval service of the United States, and in line of duty,
shall have lost the sight of both eyes, or shall have lost the
sight of one eye, the sight of the other having been pre-
viously lost, or shall bave lost both hands, or shall have
lost both feet, or been permanently and totally disabled in
the same, or otherwise so permanently and totally disabled as
to render them utterly helpless, or so nearly so as to require
the regular personal aid and attendance of another person,
shall be entitled to a pension of thirty-one dollars and twenty-
five cents per month ; and all persons who, under like cir-
cumstances, shall have lost one hand and one foot, or been
totally and permanently disabled in the same, or otherwise
so disabled as to be incapacitated for performing any man-
ual labor, but not so much as to require regular personal
aid and attendance, shall be entitled to a pension of twenty-
four dollars per month j and all persons who, under like cir.
cumstances, shall have lost one hand, or one foot, or been
totally and permanently disabled in the same, or otherwise
so disabled as to render their incapacity to perform manual
labor equivalent to the loss of a hand or foot, shall be en-
titled to a pension of eighteen dollars per month: Provided^
That all persons who, under like circumstances, have lost
a leg above the knee, and in consequence thereof are so dis-
abled that they cannot use artificial limbs, shall be rated in
the second class and receive twenty-four dollars per month ;
and all persons who, under like circumstances, shall have
lost the hearing of both ears shall be entitled to a pension
of thirteen dollars per month : Provided^ That the pension
for a disability not permanent, equivalent in degree to any
provided for in this section, shall, during the continuance
of the disability in such degree, be at the same rate as that
herein provided for a permanent disability of like degree :
Provided further^ That, except in cases of permanent, spe-
cific disabilities, no increase of pension shall be allowed to
commence prior to the date of the examining surgeon's cer-
tificate j and that in this, as well as all other cases, the cer-
tificate of an examining surgeon, or of a board of examining
surgeons' shall be subject to the approval of the Commis-
sioner of Pensions.

Sec. 5. That the rate of eighteen dollars per month may seo.4699,RS.
be proportionately divided for any degree of disability es-
tablished for which the second section of this acts makes
no provision. '

7018 PEN 34

530 LAWS RELATING TO ARMY AND NAVY PENSIONS.

Sec. 4700, R.S. Sec. 6. That officers absent on sick-leave, and enlisted
men absent on sicl:-furlough, or on veteran-furlough, while
with the organization to which they belong, shall be re- .
garded in the administration of the pension laws in the
same manner as if they were in the field or hospital.

Sec. 4701, R.S. Sec. 7. That the period of service of all persons entitled
to the benefit of the pension laws, or on account .of whose
death any person may become entitled to a pension, shall
be construed to extend to the time of disbanding the organi-
zation to which such person belonged, or until their actual
discharge for other cause than the expiration of the service
of such organization.

Sec 4702, R. s. ^^^' ^' That if any person embraced within the provisions
of the first section of this act has died since the fourth day
of March, eighteen hundred and sixty-one, or shall here-
after die, by reason of any wound, injury, or disease, which,
under the conditions and limitations of said section, would
have entitled him to an invalid pension had he been dis-
abled, his widow, or if there be no widow, or in case of her
death without payment to her of any part of the pension
hereinafter mentioned, his child or children, under sixteen
years of age, shall be entitled to receive the same pension
as the husband or father would have been entitled to had
he been totally disabled, to commence from the death of the
husband or father, to continue to the widow during her
widowhood, and to his child or children until they severally
attain the age of sixteen years, and no longer, and that if
the widow remarry, the child or children shall be (Entitled
from the /date of remarriage. That the provisions of this

Sec 4722, R.S. act are hereby extended to and made to embrace the officers
and privates of the Missouri State militia, and the provis-
ional Missouri militia, disabled by reason of injury received
or disease contracted in the line of duty while such militia
was co-operating with United States forces, and the widow
or children of any such person, dying of injury received or
disease contracted under the circumstances herein set forth,
shall be entitled to the benefits of this act : Provided., That
the pensions on account of such militia shall not commence
prior to the date of the passage of this act. That the pro-
visions of this section shall be so interpreted as to apply to
the widows, child or children of officers and privates of the
Missouri State militia, and the provisional Missouri militia,
if the husband or father was wounded, or contracted the
disease of which he died, while in the service of the Gov-
ernment of the United States.

LAWS RELATING TO ARMY AND NAVY PENSIONS. 531

Sec. 9. That the peDsions of widows shall be increased sec. 4703, ii. s.
from and after the twenty-fifth day of July, eighteen hun-
dred and sixty-six, at the rate of two dollars per month for
each child under the age of sixteen years, of the husband
on account of whose death the claim has been or shall be
granted. And in every case in which the deceased husband
has left, or shall leave, no widow, or where his widow has
died or married again, or where she has been deprived of
her pension under the provisions of the pension law, the
pension granted to such child or children shall be increased
to the same amount per month that would be allowed under
the foregoing provisions to the widow, if living and entitled
to a pension : Provided, That the additional pension herein
granted to the widow on account of the child or children of
the husband by a former wife shall be paid to her only for
such period of her widowhood as she has been, or shall be,
charged with the maintenance of such child or children ; for
any period during which sl^ has not been, or she shall not
be, so charged, it shall be granted and paid to the guardian
of such child or children : Provided further, That a widow
or guardian to whom increase of pension has been, or shall
hereafter be, granted on account of minor children, shall
not be deprived thereof by reason of their being maintained
in whole or in part at the expense of a State or the public
in any educational institution, or in any institution organ-
ized for the care of soldiers^ orphans.

Sec. 10. That in the administration of the pension laws, Sec, 4704, r. s.
children born before the marriage of their parents, if ac-
knowledged by the father before or after the marriage, shall
be deemed legitimate.

Sec. 11. That the widows of colored or Indian soldiers See. 4706, r. s.
and sailors who have died, or shall hereafter die, by reason
of wounds or injuries received, or casualty received or dis-
ease contracted, in the military or naval service of the United
States, and in the line of duty, shall be entitled to receive
the pension provided by law without other evidence of mar-
riage than satisfactory proof that the parties were joined
in marriage by some ceremony deemed by them obligatory,
or habitually recognized each other as man and wife, and
were so recognized by their neighbors, and lived together
as such up to the date of enlistment, when such soldier or
sailor died in the service, or, if otherwise, to date of death ;
and the children born of any marriage so proved shall be
deemed and held to be lawful children of such soldier or
sailor : Provided, That this section shall not be applicable

532 LAWS RELATING TO ARMY AND NAVY PENSIONS.

to any claims on account of persons who shall have enlisted
after the passage of this act.

Sec. 4706, R. s. Sec. 12. That if any person has died, or shall hereafter
die, leaving a widow entitled to a pension by reason of his
death, and a child or children under sixteen years of age by
such widow, and it shall be duly certified under seal by any
court having probate jurisdiction, that satisfactory evidence
has been produced before such court upon due notice to the
widow that the widow aforesaid has abandoned the care of
such child or children, or that she is an unsuitable person,
by reason of immoral conduct, to hav^e the custody of the
same, or on presentation of satisfactory evidence thereof to
the Commissioner of Pensions, then no pension shall be al-
lowed to such widow until such child or children shall have
attained the age of sixteen years, any provisions of this act
or of any previous act to the contrary notwithstanding ; and
the said child or children aforesaid shall be pensioned in
the same manner, and from the same date, as if no widow
had survived such person, and such pension shall be paid
to the guardian of such child or children : Provided^ That

• if in any case payment of pension shall have been made to

the widow, the pension to the child or children shall com-
mence from the date to which her pension has been paid.

Sec. 4707, It. s. Sec. 13. That if any person embraced within the provi-
sions of the first section of this act has died since the fourth
day of March, eighteen hundred and sixty-one, or shall here-
after die, by reason of any wound, injury, casualty, or dis-
ease, which, under the conditions and limitations of said
section, would have entitled him to an invalid pension, and
has not left or shall not leave a widow or legitimate child,
but has left or shall leave other relative or relatives who
were dependent upon him for support at the date of his
death, such relative or relatives shall be entitled in the
following order of precedence to receive the same pension, as
such person would have been entitled to had he been totally
disabled, to commence from the death of such person, namely,
first, the mother; secondly, the father; thirdly, orphan
brothers and sisters under sixteen years of age, who shall
be pensioned jointly : Provided^ That where orphan children
of the same parent have different guardians, or a portion
of them only are under guardianship, the share of the joint
pension to which each ward shall be entitled shall be paid
to the guardian of such ward: Provided^ That if in any
case said person shall have left father and mother who are
dependent upon him, then, on the death of the mother, the
father shall become entitled to the pension, commencing

LAWS RELATING TO ARMY AND NAVY PENSIONS. 533

from and after the death of th^ mother ; and upon the death
of the mother and father, or upon the death of the father
and the remarriage of the mother, the dependent brothers
and sisters under sixteen years of age shall jointly become
entitled to such pension until they attain the age of sixteen
years respectively, commencing from the death or remar-
riage of the party who had the prior right to the pension :
Provided^ That a mother shall be assumed to have been de-
pendent upon her son, within the meaning of this act, if, at
the date of his death, she had no other adequate means of
support than the ordinary proceeds of her own manual labor
and the contributions of said son or of any other persons
not legally bound to aid in her support ; and if, by actual
contributions or in any other way, the son had recognized
his obligations to aid in support of said mother, or was by
law bound to such support, and that a father or a minor
brother or sister shall, in like manner and under like condi-
tions, be assumed to have been dependent, except that the
income which was derived or derivable from his actual or
possible manual labor shall be taken into account in esti-
mating a father's means of independent support : Provided
further^ That the pension allowed to any person on account
of his or her dependence as hereinbefore provided shall not
be paid for any period during which it shall not be neces-
sary as a means of adequate subsistence.

Sec. 14. That the remarriage of any widow, dependent sec. 4708, r. s.
mother, or dependent sister, entitled to pension, shall not
bar her right to such pension to the date of her remarriage,
whether an application therefor was filed before or after
such marriage ; and that on the remarriage of any widow,
dependent mother, or dependent sister, having a pension,
such pension shall cease.

Sec. 15. That all pensions which have been, or which may sec. 4709, b. s.
hereafter be, granted in consequence of death occurring^ ®^®*® '^
from a cause which originated in the service since the fourth
day of March, eighteen hundred and sixty-one, or in conse-
quence of wounds or injuries received or disease contracted
since said date, shall commence from the death or discharge
of the person on whose account the claim has been or shall
hereafter be granted, or from the termination of the right of
part3^ having prior title to such pension : Provided^ That the
application for such pension has been, or shall hereafter be,
filed with the Commissioner of Pensions within five years
after the right thereto shall have accrued ; otherwise the pen-
sion shall commence from the date of filing the last evidence
necessary to establish the same : Provided farther^ That the

534 LAWS RELATING TO ARMY AND NAVY PENSIONS.

limitation herein i)rescribed sLall not apply to claims by or
in behalf of insane persons or persons under sixteen years.

Sec. 4710, R. s. Sec. 16. That In construing the preceding section, the
right of persons entitled to pensions shall be recognized as
accruing at the date therein stated for the commencement
of such pension, and that the right of a dependent father or
dependent brother to pension shall not in any case be held
to have accrued prior to the sixth day of June, eighteen
hundred and sixty-six ; and the right of all other classes of
claimants, if applying on account of the death of a person
who was regularly mustered into the service, or regularly
employed in the Navy, or upon the gunboats or war vessels
of the United States, shall not be held to have accrued
prior to the fourteenth day of July, eighteen hundred and
sixty-two ; if applying on account of a chaplain of the Army,
their right shall not be held to have accrued prior to the
ninth day of April, eighteen hundred and sixty-four ; if ap-
plying on account of an enlisted soldier who was not mus-
tered, or a non-enlisted man in temporary service, their
. right shall not be held to have accrued prior to the fourth
day of July, eighteen hundred and sixty-four j if applying on
account of an acting assistant or contract surgeon, their right
shall not be held to have accrued prior to the third day of
March, eighteen hundred and sixty-five ; if applying on ac-
count of persons enlisted as teamsters, wagoners, artificers,
hospital stewards, or farriers, their right shall not be held
to have accrued prior to the sixth day of June, eighteen
hundred and sixty-six ; and the right of all classes of claim-
ants, applying on account of a provost-marshal, deputy pro-
vost-marshal, or enrolling officer, shall not be held to have
accrued prior to the twenty-fifth day of July, eighteen hun-
dred and sixtj^-six : Provided, That the right of a widow or
dependent mother who married prior, and did not apply till
subsequent to the twenty-seventh day of July, eighteen
hundred and sixty-eight, shall not be held to have accrued
prior to that date.

Sec. 4711, R. s. Sec. 17. That it shall be the duty of the Commissioner
of Pensions, upon any application by letter or otherwise by
or on behalf of any pensioner entitled to arrears of pension
under the fifteenth section of this act, or, if any such pen-
sioner shall have died, upon a similar application by or on
behalf of any person entitled to receive the accrued pension
due such pensioner at his or her death, to pay or cause to
be paid to such pensioner, or other person, all such arrears
of pension as the pensioner may be entitled to, or (If dead)
would have been entitled to under the provisions of said

Sec. 4712. R. S.

LAWS RELATING TO ARMY AND NAVY PENSIONS. 535

section had he or she survived ; and no claim -agent or other
persons shall be entitled to receive any compensation for
services in making application for arrears of pension.

Sec. 18. That the provisions of this act in respect to the
rates of pension are hereby extended to pensioners whose
right to pension accrued under general acts passed since
the war of the Revolution and prior to the fourth of March,
eighteen hundred and sixty-one, to take effect from and
after the twenty -fifth day of July, eighteen hundred and
sixty-six j and that the widows of revolutionary soldiers and
sailors receiving a less sum shall be paid at the rate of eight
dollars per month from and after the twenty-seventh day of
July, eighteen hundred and sixty-eight.

Sec. 10. That in all cases in which the cause of disability ^^^- ^713, R. s.
or death originated in the service prior to the fourth day of
March, eighteen hundred and sixty- one, and an application
for pension shall not have been filed within three years from
the discharge or death of the person on whose account the
claim is made, or within three years of the termination of
a pension i)reviously granted on account of the service and
death of the same person, the pension shall commence from
the date of filing, by the party prosecuting the claim, the last
paper requisite to establish the same : Providedy That no
claim allowed prior to the sixth day of June, eighteen hun-
dred and sixty-six, shall be affected by anything herein
contained.

Sec. 20. That nothing in this act shall be so construed sec. 4715, r. s.
as to allow more than one pension at the same time to the
same person or to persons entitled jointly 5 but any pen
sioner who shall so elect may surrender his or her certificate,
and receive, in lieu thereof, a certificate for any other pen-
sion to which he or she would have been entitled had not
the surrendered certificate been issued : Provided, That all
payments previously made for any period covered by the
new certificate shall be deducted from the amount allowed
by said certificate.

Sec. 21. That declarations of pension claimants shall be sec. 4714, r. s.
made before a court of record, or before some ofiQcer thereof
having custody of its seal, said officer hereby being fully
authorized and empowered to administer and certify any
oath or affirmation relating to any pension or application
therefor : Provided, That the Commissioner of Pensions may
designate, in localities more than twenty-five miles distant
from any place at which such court is holden , persons duly
qualified to administer oaths, before whom declarations may
be made and testimony takeiJ, and may accept declara- *

536 LAWS RELATING TO ARMY AND NAVY PENSIONS.

tions of claimants residing in foreign countries, made be-
fore a United States minister or consul, or before some offi-
cer of the country duly authorized to administer oaths for
general purposes, and whose official character and signa-
ture shall be duly authenticated by the certificate of a
United States minister or consul; declarations in claims of
Indians made before a United States agent ; and declara-
tions in claims under the act of February fourteenth, eight-
een hundred and seventy-one, made before an officer duly
authorized to administer oaths for general purposes, when
the applicants, by reason of infirmity of age, are unable to
travel : Provided, That any declaration made before an offi-
cer duly authorized to administer oaths for general purposes
shall be accepted to exempt a claim from the limitation as
to date of filing prescribed in the fifteenth section of this
act.

Sec. 4748, R.s. Sec. 22. That the Commissioner of Pensious, on applica-
tion being made to him in person or by letter by any claim-
ant or applicant for pension, bounty-land, or other allow- ^
ance required by law to be adjusted or paid by the Pension-
Office, shall furnish such person, free of all expense to him
or her, all such printed instructions and forms as may be
necessary in establishing and obtaining said claim ; and on
the issuing of a certificate of pension, or of a bounty -land
warrant, he shall forthwith notify the claimant or applicant,
and also the agent or attorney in the case, if there be one,
that such certificate has been issued, or allowance made,
and the date and amount thereof.

Sec. 4716, R.S. Sec. 23. That no money on account of pension shall be
paid to any person, or to the widow, children, or heirs of
any deceased person, who in any manner voluntarily en-
gaged in, or aided or abetted, the late rebellion against the
authority of the United States.

Sec. 4717, B. s. Sec. 24. That no claim for pension not prosecuted to suc-

(Repeaied.) cgggfui issuc within fivc ycars from the date of filing the
same shall be admitted without record evidence from the
War or Kavy Department of the injury or the disease
which resulted in the disability or death of the person on
whose account the claim is made : Provided, That in any
case in which the limitation prescribed by this section bars
the further prosecution of the claim, the claimant may pre-
sent, through the Pension-Office, to the Adjutant-General of
the army or the Surgeon- General |or Secretary] of the navy,
evidence that the disease or injury which resulted in the
disability or death of the person on whose account the claim
is made, originated in the service and in the line of duty j

LAWS RELATING TO ARMY AND NAVY PENSIONS. 537

and if such evidence is deemed satisfactory by the officer
to whom it may be submitted, he shall cause a record of the
fact so proved to be made, and a copy of the same to be
transmitted to the Commissioner of Pensions, and the bar
to the prosecution of the claim shall thereby be removed.

Sec. 25. That if any pensioner, or any person entitled to Sec.47J8,R.s.
a pension, who during the pendency of his application there-
for has died since March fourth, eighteen hundred and sixty-
one, or shall hereafter die, his widow, or if no widow, his
child or children, under sixteen years of age at the time of
his death, shall be entitled to receive the accrued pension
to the date of death, &uch accrued pension shall not be con-
sidered as a part of the assets of the estate of deceased, nor
liable to be applied to the payment of the debts of said es-
tate in any case whatever, but shall inure to the sole and
exclusive benefit of the widow or children 5 and if no widow
or child survive, no payment whatsoever of the accrued
pension shall be made or allowed, except so much as may
be necessary to reimburse the person who bore the expense
of the last sickness and burial of the decedent, in cases
where he did not leave sufficient assets to meet such ex-
penses.

Sec. 26. That the failure of any pensioner to claim his or sec.4719, r. s.
her pension for three years after the same shall have be-
come due shall be deemed presumptive evidence that such
pension has legally terminated by reason of the pensioner's
death, remarriage, recovery from the disability , or otherwise,
and the pensioner's name shall be stricken from the list of
pensioners, subject to the right of restoration to the same
on a new application by the pensioner, or, if the pensioner
is dead, by the widow or minor children entitled to receive
the accrued pension, accompanied by evidence satisfactorily
accounting for the failure to claim such pension, and by
medical evidence in cases of invalids who were not exempt
from biennial examinations as to the continuance of the dis-
ability.

Sec. 27. That when the rate, commencement, and dura- sec 472o,r.s.
tion of a pension allowed by special act are fixed by such
act, they shall not be subject to be varied by the provis-
ions and limitations of the general pension laws, but when
not thus fixed the rate and continuance of the pension shall
be subject to variation in accordance with the general laws,
and its commencement shall date from the passage of the
special act, and the Commissioner of Pensions shall, upon
satisfactory evidence that fraud ij^as perpetrated in obtain-
ing such special act, suspend payment thereupon until the

538 LAWS RELATING TO ARMY AND NAVY PENSIONS.

propriety of repealing the same can be considered by Con-
gress.

Sec. 4721, R. s. Sec. 28. That the term of limitation prescribed by sec-
tions sixteen [fifteen] and twenty- three [twenty-four] of this
act shall, in pending claims of Indians, be extended to two
years from and after the passage of this act; that all proof
which has heretofore been taken before an Indian agent, or
before an officer of any tribe, competent according to the
rules of said tribe to administer oaths, shall be held and re-
garded by the Pension-Office, in the examining and deter-
mining of claims of Indians now on file, as of the same va-
lidity as if taken before an officer recognized by the law at
^ the time as competent to administer oaths ; that all proof

wanting in said claims hereafter, as well as in those filed
after the passage of this act, shall be taken before the agent
of the tribe to which the claimants respectively belong;
that in regard to dates, all applications of Indians now on
file be treated as though they were made before a competent
officer at their respective dates, and if found to be in all
other respects conclusive, they shall be allowed ; and that
Indians shall be exempted from the obligation to take the
oath to support the Constitution of the United States, re-
quired- by the act of February fourteenth, eighteen hun-
dred and seventy-one, providing for pensions to certain
soldiers and sailors of the war of eighteen hundred and
twelve, and to widows of deceased soldiers.

Sec. 472,11. s, Sec. 29. That the president shall appoint in the Depart-
ment of the Interior, by and with the advice and consent of
the Senate, a competent person, who shall be called the
Deputy Commissioner of Pensions, with an annual salary of
twenty-five hundred dollars, who shall be charged with such
duties in the Pension bureau as may be prescribed by the
Secretary of the Interior or may be required by law ; and in
case of the death, resignation, absence, or sickness of the
Commissioner, his duties shall devolve upon the Deputy
Commissioner until a successor shall be appointed, or such
absence or sickness shall cease.

Sec. 4744, R.s. Sec. 30. That the Commissioner of Pensions is hereby
authorized and empowered to detail, from time to time,
clerks in his office to investigate suspected attempts at fraud
on the government of the United States, through and by
virtue of the provisions of this or any other act of Congress
providing for pensions, and to aid in prosecuting any per-
son so offending, with such additional compensation as is
customary in cases of special service; and that any person

LAWS RELATING TO ARMY AND NAVY PENSIONS. 539

SO detailed shall have the power to administer oaths aud
take affidavits in the course of any such investigation.

Sec. 31. That no agent or attorney or other person in- g^fj*^^- 1^^^ ^^^
strumental in prosecuting any claim for pension or bounty-
land shall demand or receive any other compensation for
his services in prosecuting a claim for pension or bounty-
land than such as the Commissioner of Pensions shall direct
to be paid to him, not exceeding twenty-five dollars ; and
anj^ agent or attorney or any other person instrumental in
prosecuting any claim for pension or bounty-land, who shall
directly or indirectly contract for, demand, or receive or re- ,
tain any greater compensation for his services or instrumen-
tality in prosecuting a claim for pension or bounty-land than
is hereinbefore provided, or who shall wrongfully withhold
from a pensioner or claimant the whole or any part of the
pension or claim allowed and due such pensioner or claimant,
or the land-warrant issued to any such claimant, shall be
deemed guilty of a high misdemeanor, and, upon conviction
thereof, shall, for every such offense, be fined not exceeding
five hundred dollars, or imprisoned at hard labor not exceed-
ing two years, or both, at the discretion of the court. And if
any guardian having the charge and custody of the pension
of his ward shall embezzle the same in violation of his trust,
or fraudulently convert the same to his own use, he shall
be punished by fine not exceeding two thousand dollars or
imprisonment at hard labor for a term not exceeding five
years, or both, at the discretion of the court.

Sec. 32. That any pledge, mortgage, sale, assignment, or Sec.4745,K.s.
transfer of any right, claim, or interest in any person which
has been or may hereafter be granted, shall be void and of
no effect; and any person acting as attorney to receive and
receipt for money for and in behalf of any person entitled
to a pension shall, before receiving said money, take and
subscribe an oath, to be filed with the pension-agent, and
by him to be transmitted, with the vouchers now required
by law, to the proper accounting officer of the treasury, that
he has no interest in said money by any pledge, mortgage,
sale, assignment, or transfer, and that he does not know or
believe that the same has been so disposed of to any person ;
and any person who shall falsely take the said oath shall be
guilty of perjury, and, on conviction, shall be liable to the
pains and penalties of perjury.

Sec. 33. That any person who shall knowingly or willfully sec ^746, r s.
in any wise procure the making or presentation of any false
or fraudulent affidavit concerning any claim for pension or
payment thereof, or pertaining to any other matter within

Sec. 4771. R.S.

540 LAWS RELATING TO ARMY AND NAVY PENSIONS.

the jarisdiction of the Commissioner of Pensions, or shall
knowingly or willfully present or cause to be presented at
any pension agency any power of attorney, or other paper
required as a voucher in drawing a pension, which paper
shall bear a date subsequent to that on which it was actu-
ally signed or executed, such person so offending shall be
deemed guilty of a high misdemeanor, and shall, on convic
tion thereof, be punished by a fine not exceeding five hun-
dred dollars, or by imprisonment for a term not exceeding
three years, or by both, at the discretion of the court before

Sec. 4747, R. s. whom such couvictiou shall be had ; and no sum of money
due, or to become due, to any pensioner under the laws
aforesaid, shall be liable to attachment, levy, or seizure, by
or under any legal or equitable process whatever, whether
the same remains with the Pension-Office, or any officer or
agent thereof, or is in course of transmission to the pen-
sioner entitled thereto, but shall inure wholly to the benefit
of such pensioner.

Sec. 34. That in all cases of application for the payment
of pensions to invalid pensioners to the fourth day of Sep-
tember of an odd year, the certificate of an examining
surgeon duly appointed by the Commissioner of Pensions,
or of a surgeon of the army or navy, stating the continuance
of the disability for which the pension was originally granted ,
(describing it,) and the degree of such disability at the time
of making the certificate, shall be required to accompany
the vouchers, and a duplicate thereof shall be filed in the of-
fice of the Commissioner of Pensions ; and if in a case of con-
tinued disability it shall be stated at a degree below that
for which the pension was originally granted, or was last
paid, the pensioner shall only be paid for the quarter then
due at the rate stated in the certificate: Provided, That
when a pension shall be granted for a disability consequent
upon the loss of a limb, or other essential portion of the
body, or for other cause which cannot in whole or in part be
removed, or when a disability is certified by competent ex-
amining surgeons, to the satisfaction of the Commissioner
of Pensions, to have become permanent in a degree equal
to the whole rate of pension, the above certificate shall not
be necessary to entitle the pensioner to payment: A7id pro-
vided further, That this section shall not be construed to
prevent the Commissioner of Pensions from requiring a
more frequent examination if, in his judgment, it is neces-
sary.

Sec. 4777 R.S. ^^^' ^?* ^^^^^ t^^ Commissiouer of Pensions be, and he
is hereby, empowered to appoint, at his discretion, civil sur-

LAWS RELATING TO ARMY AND NAVY PENSIONS. 541

geons to make the periodical examinations of pensioners
which are, or may be, required by law, and to examine ap-
plicants for pension, where he shall deem an examination
by a surgeon appointed by him necessary ; and the fee for
such examinations, and the requisite certificates thereof in
duplicate, including postage on such as are transmitted to
pension agents, shall be two dollars, which shall be paid
by the agent for paying pensions in the district within which
the pensioner or claimant resides, out of any money appro-
priated for the payment of pensions, under such regulations
as the Commissioner of Pensions may prescribe.

Sec. 36. That the Commissioner of Pensions be author- sec 4774,s. k.
ized to organize, at his discretion, boards of examining sur-
geons, not to exceed three members, and that each member
of a board thus organized who shall have been actually
present and made, in connection with other members or mem-
ber, an ordered or periodical examination, shall be entitled
to the fee of one dollar, on the receipt of a proper certificate
of said examination by the Commissioner of Pensions.

Sec, 37. That examining surgeons duly appointed by the Sec. 4775, r. s.
Commissioner of Pensions, and such other qualified sur-
geons as may be emi)loyed in the Pension-Ofiice, may be
required by him, from time to time, as he shall deem for the
interests of the Government, to make special examinations
of pensioners, or applicants for pension, and such examina-
tions shall have precedence over previous examinations,
whether special or biennial; but when injustice is alleged
to have been done by an examination so ordered, the Com-
missioner of Pensions may, at his discretion, select a board
of three duly-appointed examining surgeons, who shall meet
at a place to be designated by him, and shall review such
cases as may be ordered before them on appeal from any
special examination as aforesaid, and the decision of such
board shall be final on the question so submitted thereto,
provided the Commissioner approved the same. The com-
pensation of each of such surgeons shall be three dollars and
shall be paid out of any appropriations made for the pay-
ment of pensions, in the same manner as the ordinary fees
of appointed surgeons are or may be authorized to be paid.

Sec. 38. That the Secretary of the Interior be, and is see. 4778, r. s.
hereby, authorized to appoint a duly qualified surgeon as
medical referee, who, under the control and direction of the
Commissioner of Pensions, shall have charge of the exami-
nation and revision of the reports of examining surgeons,
and such other duties touching medical and surgical ques-
tions in the Pension Office as the interests of the service

542 LAWS RELATING TO ARMY AND NAVY PENSIONS.

may demand; and his salary shall be two thousand five
hundred dollars per annum. And the Secretary of the In-
terior is further authorized to appoint such qualified sur-
geons (not exceeding four) as the exigencies of the service
may require, who may perform the duties of examining sur-
geons when so required, and who shall be borne upon the
rolls as clerks of the fourth class : Provided, That such ap-
pointments shall not increase the clerical force of said bu-
reau.

Sec. 39. That all acts and parts of acts inconsistent or in
conflict with the foregoing provisions of this act are hereby
» repealed.

Approved March 3, 1873.

REVISED STATUTES,

CONTAINING THE

PENSION LAWS NOW IN FORCE WHICH WERE ENACTED BETWEEN

MARCH 4, 1861, AND MARCH 4, 1878, TOGETHER WITH SUCH

ANTE'REBELLION LAWS AS WERE RE-ENACTED

IN SAID STATUTES.

543

REVISED STATUTES NOW IN FORCE.

Sec. 4692. Every person specified in the several classes ^,^^0 are enti-

'' ^ ^ tied to pensions.

enumerated in the following section, who has been, since ~^-~-^ —
the fourth day of March, eighteen hundred and sixty-one, i873. ' '

" ' Sec. 1, 14 July,

or who is hereafter disabled under the conditions therein i862.
stated, shall, upon making due proof of the fact, according i874.
to such forms and regulations as are or may be provided in i877.
pursuance of law, be placed on the list of invalid pensioners
of the United States, and be entitled to receive, for a total
disability, or a permanent specific disability, such pension
as is hereinafter provided in such cases; and for an inferior
disability, except in cases of permanent specific disability,
for which the rate of pension is expressly provided, an
amount proportionate to that provided for total disability;
and such pension shall commence as hereinafter provided, .

' Acts 25 Jan.

and continue during the existence of the disability. and 3 Mar.,i879.

Sec. 4693. The persons entitled as beneficiaries under the Beneficiaries

^ under preceding

preceding section are as follows : section.

First. Any officer of the Armj^, including regulars, vol- Sec. i, 3 Mar.,

unteers, and militia, or any officer in the Navy or Marine Sec. 1,14 juiy,

Corps, or any enlisted man, however employed, in the mill- Act 3 Mar.,

tary or naval service of the United States, or in its Marine whether regu-
Oorps, whether regularly mustered or not, disabled by rea-n*o^/™"^ ^^

son of any wound or injury received, or disease contracted, Sec. 11,4 juiy,

while in the service of the United States and in the line of sec. 1, 3 Mar.,

,1.,+^ 1873.

ttUty. Sec. 10, 14 July,

Second. Any master serving on a gunboat, or anj^ pilot, ^^aaters.
engineer, sailor, or other person not regularly mustered, " Resolution, le
serving upon any gunboat or war- vessel of the United '^^^^' ^^^'
States, disabled by any wound or injury received, or other-
wise incapacitated, while in the line of duty, for procuring
his subsistence by manual labor.

Third. Any person not an enlisted soldier in the Army, g^^ j 3 ^^^^
serving for the time being as a member of the militia of any i^^^-
State, under orders of an officer of the United States, or
who volunteered for the time being to serve with any regu-
larly organized military or naval force of the United States,
7018 PEN 35 545

546 REVISED STATUTES NOW IN FORCE.

jg^«- 9, 4 July, or who otherwise volunteered and rendered service iti any
engagement with rebels or Indians, disabled in consequence
of wounds or injury received in the line of duty in such
temporary service. But no claim of a State militiaman, or
non-enlisted person, on account of disability from wounds

Sec. 11. 27 July, . . • , • , ^^t -^i u i t i- i i

1868. or injury received in battle with rebels or Indians, while

temporarily rendering service, shall be valid unless prose-
cuted to a successful issue prior to the fourth day of July,
eighteen hundred and seventy- four.
Sec. 1,3 Mar.. Fourth. Any acting assistant or contract surgeon dis-
^^. 2, 3 Mar., ablcd by any wound or injury received or disease contracted
^®^' in the line of duty while actually performing the duties of

assistant surgeon or acting assistant surgeon with any mil-
itary force in the field, or in transitu or in hospital.
Sec. 1, 3 Mar., Fifth. Any provost-marshal, deputy provost-marshal, or
Sec. 1, 25 July, enrolling-officcr disabled, by reason of any wound or injury,
^^^' received in the discharge of his duty, to procure a subsist-

ence by manual labor.

Limitation in qe^ 4694. No pcrsou shall be entitled to a pension by

cases of dis^bil- ^ . , t ,

ity incurred since reason of wouuds or lujury rcceivcd or disease contracted

— ^— ^ '- — in the service of the United States subsequent to the twenty-

1873. * ' *' seventh day of Jul^ eighteen hundred and sixty-eight, un-
1868.*^' ' less the person who was wounded, or injured, or contracted

the disease was in the line of duty ; and, if in the military
service, was at the time actually in the field, or on the
march, or at some post, fort, or garrison, or en route, by
direction of competent authority, to some post, fort, or gar-
rison ; or, if in the naval service, was at the time borne on
the books of some ship or other vessel of the United States,
at sea or in harbor, actually in commission, or was at some
naval station, or on his way, by direction of competent
authority, to the United States, or to some other vessel, or
naval station, or hospital.

Rateof pension Qec. 4695. The pcusiou for total disability shall be as
total disabiiitie a. follows, namely : For lieutenant-colonel and all officers of
Sec. 2,3 Mar., higher rank in the military service and in the Marine Corps,
Sec. 1. 14 July, and for captain and all officers of higher rank, commander,
surgeon, paymaster, and chief engineer, respectively rank-
ing with commander by law, lieutenant commanding and
master commanding, in the naval service, thirty dollars per
month; for major in the military service and in the Marine
Corps, and lieutenant, surgeon, paymaster, and chief en-
gineer, respectively ranking with lieutenant by law, and
passed assistant surgeon in the naval service, twenty-five

RKVISED STATUTii^S NOW IN FORCE. 547

dollars per iiioiitb j for captain iu the military service aud in

the Marine Corps, chaphuu in the Army, and provost-mar- Enrouiug offi-

* ^ *■ *^ ' , cer, provost, and

shal, professor of mathematics, master, assistant surgeon, as- deputy provost

^ ^ ' ' *^ ' marshal.

sistant paymaster, and chaplain in the naval service, twenty -— -

. .,. Sec. 1, 25 July,

dollars per month : for first lieutenant in the military serv- isee.

-.. ,n.«-. .o. >• -.. ^^ Contract sur-

ice and m the Marine Corps, acting assistant or contract geon.
surgeon, and deputy provost-marshal, seventeen dollars per Sec. 2,3 Mar.,
month ; for second lieutenant in the military service and in
the Marine Corps, first assistant engineer, ensign, and pilot
in the naval service, and enrolling-officer, fifteen dollars per
mouth 5 for cadet-midshipman, passed midshipman, midship-
men, clerks of admirals, and paymasters, and of other offi-
cers commanding vessels, second and third assistant engi-
neer, master's mate, and all warrant-officers in the naval serv-
ice, ten dollars per month ; and for all other persons, whose
rank or office is not mentioned in this section, eight dollars
per month j and the masters, pilots, engineers, sailors, and
crews upon the gunboats and war- vessels shall be entitled
to receive the pension allowed herein to those of life-rank
in the naval service.*

Sec. 4696. Every commissioned officer of the Army, Navy, u.ijte of pension

,. . ,, in • 1 T 1 1 • shall be acoord-

or Marine Cordis shall receive such and only such pension as ing to rank held
is ijrovided m the preceding section for the rank he held at was contracted!^
the time he receiv^ed the injury or contracted the disease sec.2, 3 Mar.,

1873

which resulted in the disability on account of which he may sec. 1, 14 Juiy,

be entitled to a pension ; and any commission or presiden- ^^^^*

tial appointment, regularly issued to such person, shall be

taken to determine his rank from and after the date, as given commission de-

in the body of the commissioner api^ointment conferring from\and ^aitor

said rank: Provided, Tha>t a vacancy existed in the rankllod^^f tSe^om^

thereby conferred ; that the person commissioned was not ™'^^'—

disabled for military duty ; and that he did not willfully igfr* ^' ^ '^''°^'
neglect or refuse to be mustered.

Sec. 4697. For the period commencing July fourth, eight- Rate and com-

1 . /> -. ,. Z ..-.., me'ncemontof

een hundred and sixty -four, and ending June third, eighteen pension for per-

, , T ■, , , -.,, , manent aud spe-

hundred and seventy-two, those persons entitled to a less ciflc disabilities
pension than hereinafter mentioned, who shall have lost both juiy \? ise^aud
feet in the military or naval service and in the line of duty, 1872!^ ^ "°^ '
shall be entitled to a pension of twenty dollars per mouth : sec 3, 3 Mar!^

' 1873.

Sec. 5, 4 July,
*A8 to rate for passed-assistant engineers, assistant engineers, aud 1864.

cadet-engineers iu the Navy, sec act March 3, 1877. As to rate for " En- j,,jf^ iggg, and
signs," *' Cadet-midshipiuau," " clerks of Admirals," " and of otlier offi- sec. 5, 25 July,
cers commanding vessels," see sec. 2, 3 March, 1873. For lieut. com-
manders see act 18 June, 1878, Sec. 3, 3 Mar.,

J865.

548 REVISED STATUTES NOW IN FORCE.

for the same period those persons who, uuder Uke circum-
amuiof ^pe^Tct stances, shall have lost both hands or the sight of both eyes,
28 Feb., 1877. shall be entitled to a pension of twenty-live dollars per
month; and for the period commencing March third, eight-
een hundred and sixty-live, and ending June third, eighteen
hundred and seventy-two, those i^ersons who under like cir-
Foriossof both cumstances shall have lost one hand and one foot shall be

haiiils, both eyes,

or both feet sy^^e entitled to a pension of twenty dollars per month; and for

act 17 Juno, 1878, ^ v- x 7

ami3March,i879. the pcriod commenciug June sixth, eighteen hundred and
ts^eiaiSip^mt, sixtysix, and ending June third, eighteen hundred and sev-
i87a*^* 3 March, ^uty-two, those persons who under like circumstances shall
jS,i866^*'* ^ have lost one hand or one foot shall be entitled to a pension
of fifteen dollars per month ; and for the period commenc-
iug June sixth, eighteen hundred and sixty-six, and ending
June third, eighteen hundred and seventy-two, those persons
entitled to a less pension than hereinafter mentioned, who
by reason of injury received or disease contracted in the
military or naval service of the United States and in the
line of duty shall have been permanently and totally disabled
Sec. 12, act 27 in both hands, For who shall have lost the sight of one eye,
the other having been previously lost,] or who shall have been
As to total and otherwise SO totally and permanently disabled as to render

permanent help- .; t v

lessness, see them 'Utterly helpless, or so nearly so as to require regular

amendment act ,., / , /.,, ii,,

isjune, 1874, and personal aid and attendance of another person, shall be en-
. ^.^j^^ ^^ ^ pension of twenty-five dollars per month ; and for
the same i)eriod those who under like circumstances shall
have been totally and pernianently disabled in both feet
or in one hand and one foot, or otherwise so disabled as to
be incapacitated for the performance of any manual labor,
I but not so much as to require regular personal aid and

attention, shall be entitled to a pension of twenty dollars
per month ; and for the same period all persons who under
like circumstances shall have been totally and permanently
disabled in one hand or one foot, or otherwise so disabled
as to render their inability to perform manual labor equiva-
lent to the loss of a hand or foot, shall be entitled to a pen-
• sion of fifteen dollars per month.

Bate and com- Sec. 4698. From and after June fourth, eighteen hundred

mencement of •-,■,■, \

pension for per- and scvcnty-two, all pcrsous entitled by law to a less pen-

manent and 8{>e- . , , .<, . r> ^ 1 ^i-xi -i-^

cific disabilities sion than hereinafter specified, who while m the military or
June\*! 1872° ** naval service of the United States, and in line of duty, shall
Sec. 4, 3 Mar.^ have lost the sight of both eyes, or shall have lost the sight
Act 8 June, of ouc cyc, the siglit of the other having been previously
lost, or shall have lost both hands, or shall have lost both
feet, or been permanently and totally disabled in the same,

1873

REVISED STATUTES NOW IN FORCE. 549

or otherwise so permanently and totally disabled as to ren-
der them utterly helpless, or so nearly so as to require the
regular personal aid and attendance of another person, shall permanent'^iieill^
be entitled to a pension of thirty-one dollars and twenty -five il june!'il74%mi
cents per month; and all persons who, under like circum-^^*^^''""^'^^^*'
stances, shall have lost one hand and one foot, or been to- EoriossofbaDd
tally and permanently disabled in the same, or otherwise tJr/b^l^gT?^ ^^*
so disabled as to be incapacitated for performing any manual
labor, but not so much as to require regular personal aid eyes^.^ilothhands!
and attendance, shall be entitled to a pension of twenty four acA^junelis??
dollars per month ; and all persons who under like circum- ^"^ ^ ^^^' ^^^^'
stances, shall have lost one hand, or one foot, or been to-
tally and permanently disabled in the same, or otherwise so
disabled as to render their incapacity to perform manual
labor equivalent to the loss of a hand or foot, shall be en-

tated at hip-joint ,

For leg ampi
tedathip-joim
e act 3 Mar

titled to a pension of eighteen dollars per month : Provided., aee act 3 Mar

1879

That all persons who, under like circumstances, have lost

a leg above the knee, and in consequence thereof are so Sec.4, 3 Mar.,

disabled that they cannot use artificial limbs, shall be rated

in the second class and receive twenty-four dollars per

month from and after June fourth, eighteen hundred and

seventy-two; and all persons who, under like circumstances,

shall have lost the hearing of both ears shall be entitled to

a pension of thirteen dollars per month from the same date:

Provided, That the pension for a disability not permanent,

equivalent in degree to any provided for in this section, g^^. ^ 3 j^^^

shall, during the continuance of the disability in such de- ^^^^•

gree, be at the same rate as that herein provided for a jyer-

manent disability of like degree.*

Sec. [4698J.] Except in cases of permanent specific disa- commpncement
bilities, no increase of pension shall be allowed to commence dLawutirs nil
prior to the date of the examining surgeon's certificate estab- gp^eclSc"^"* *"'^
lishing the same, made under the pending claim for increase, sec. 4~7Mar.,
and in this, as well as all other cases, the certificate of an ^^gee sec. 4, 10
examining surgeon, or of a board of examining surgeons, ^p^' ^*^^*
shall be subject to the approval of the Commissioner of Pen-
sions.

Sec. 4699. The rate of eighteen dollars per month may be Division of rate
proportionately divided for anv degree of disabilitv estab- ^^ 11®!^^—"

I o i! g^^ g 3 Mar »

lished for which section forty -six hundred and ninety -five 1873. ' '
makes no i)ro vision.

* Section 4698, amended by acts of June 18, 1874, February 28, 1877,
June 17, 1878, March 3, 1879, June 16, 1880, March 3, 1883, and March
3, 1885.

550 REVISED STATUTES NOW IN FORCE.

Sick-leave, Sec. 4700. Officers absenton sick-leave, and enlisted men

sick- lurlo ugh, '

veteran tur- absent on sick-furlough, or on veteran -fiirloui?h with the

lough, line of ^ ' ^

duty. organization to which they belong, shall be regarded in the

Sec. 6, 3 Mar., administration of the pension laws in the same manner as

1873

Sec. 8, 6 June, if thcv Were in the field or hospital.

1866.

(On veteran-furlough with the •rganization
to which they belonged. Sec. 6, 3 Mar., 1873.)

Date when ggc. 4701. The period of service of all persons entitled to

service termi- ^ ^

nates. the benefits of the pension-laws, or on account of whose

Sec. 7, 3 Mar., death any person may become entitled to a pension, shall
Sec. 9, 8 June, be construcd to extend to the time of disbanding the organ
ization to which such persons belonged, or until their actual
discharge for other cause than the expiration of the service
of such organization.

Widows and Sec. 4702. If any person embraced within the provisions
SK.^'^^^*"*" of sections forty-six hundred and ninety-two and forty six
Sec. 8, 3 Mar., hundred and ninety-three has died since the fourth day of
^^sec. 2, 14 July, March, eighteen hundred and sixty-one, or hereafter dies by
^^Sec. 11, 14 July, reason of any wound, injury, or disease, which, under the
^^^ec. 4, 3 Mar. conditions and limitations of such sections, would have en-
1865. t:itl3d him to an invalid pension had he been disabled, his

widow, or if there be no widow, or in case of her death,
without payment to her of any part of the pension herein-
after mentioned, his child or children, under sixteen years
of age, shall be entitled to receive the same pension as the
husband or father would have been entitled to had he been
totally disabled, to commence from the death of the husband
or father, to continue to the widow during her widowhood,
and to his child or children until they severally attain the
age of sixteen years, and no longer ; and, if the widow re-
marry, the child or children shall be entitled from the date
of remarriage.*

8i^s*''to'wfdows,' S^c- ^'^'^3- T*i® pensions of widows shall be increased
^sec. 9 3 Mar ^^^™ ^^^ after the twenty-fifth day of July, eighteen hun-
^^Sec 2 25 Jul ^^^^ ^^^ sixty-six, at the rate of two dollars per month for
^^' /«, X / each child under the age of sixteen years of the husband

Sec 4, 27 July, '^

1868. on account of whose death the claim has been, or shall be,

granted. And in every case in which the deceased husband
has left, or shall leave, no widow, or where his widow has
died or married again, or where she has been deprived of
her pension under the provisions of the pension-law, the
pension granted to such child or children shall be increased
to the same amount per month that would be allowed under
the foregoing provisions to the widow, if living and entitled

* Amended by act approved Angust ?> 1882.

REVISED STATUTES NOW IN FORCE. 551

to a pension : Provided, That tbe additional pension herein
granted to tbe widow on account of the child or children of
the husband by a former wife shall be paid to her only for
such period of her widowhood as she has been, or shall be,
charged with the maintenance of such child or children; for
any period during which she has not been, or she shall not
be, so charged, it shall be granted and paid to the guardian
of such child or children : Provided, further, That a widow Sec. 5, 27 July,
or guardian to whom increase of pension has been, or shall /
hereafter be, granted on account of minor children shall
not be deprived thereof by reason of their being maintained
in whole or in part at the expense of a State or the public
in any educational institution, or in any institution organ-
ized for the care of soldiers' orphans.

Sec. 4704. In the administration of the pension-laws. Legitimacy of
children born before the marriage of their parents, if ac ^—

Sec 10 3

knowledged by the father before or after the marriage, shall Mar., 1873. '
be deemed legitimate.

Sec. 4705. The widows of colored and Indian soldiers and widows of coi-
sailors who have died, or, shall hereafter die, by reason of soidiereeutkied"
wounds or injuries received, or casualty received, or disease riaVe°i?gititScy
contracted, in the military or naval service of the United "f^^^^dren, &c.
States, and in the linB of duty, shall be entitled to receive Mlr.,^'873.^ ^ ' ^
the pension provided by law without other evidence of mar- igel.^' ^*' ^*'^"'-^''
riage than satisfactory proof that the parties were joined ^ggg^^*' ^ ''^"°*''
in marriage by some ceremony deemed by them obligatory, jgel*'"^'^^ '^""*^'
or habituallv recognized each other as man and wife, and ^s to 'Indians,"

'^ " sec. 11, 3 Mar.,

were so recognized by their neighbors, and lived together i^'^^.

as such up to the date of enlistment, when such soldier or

sailor died in the service, or, if otherwise, to date of death;

and the children born of any marriage so proved shall be

deemed and held to be lawful children of such soldier or

sailor, but this section vshall not be applicable to any claims ^^'^{.n ^ ^' ^

on account of persons who enlist after the third day of March,

one thousand eight hundred and seventy-three.

Sec. 4706. If any person has died, or shall hereafter die, , Abandonment

"*• ' 'bywiaowoi

leaving a widov entitled to a pension by reason of his death, °?*^?r child 01

^ X ./ children torfLita

and a child or children under sixteen years of age by suchpe^^^

widow, and it shall be duly certified under seal, by any , sec. 12, 3

, . , . . , . 1 J J Mar., 1873.

court having probate jurisdiction, that satisfactory evidence Sec. 11. 6 June,
has been produced before such court, upon due notice to sec.8,27 juiy,
the widow, that she has abandoned the care of such child
or children, or that she is an unsuitable person, by reason
of immoral conduct, to have the custody of the same, on

552 REVISED STATUTES NOW IN FORCE.

presentation of satisfactory evidence thereof to the Com-
missioner of Pensions, no pension shall be allowed to such
widow until such child or children shall have attained the
age of sixteen years, any provisions of law to the contrary
notwithstanding, and the said child or children shall be
pensioned in the same manner, and from the same date, as
if no widow had survived .such person, and such pension
Pension to mi- shall bc paid to the guardian of such child or children ; but

norsto commence .,. . j. n ' i ^^ ^ \ i .

from the time the if lu any casc payment of pension shall have been made to
widow waa paid, ^j^^ ^jdow, the pcnsiou to the child or children shall corn-
March, 1873. ^ mence from the date to which her pension has been paid.

Succession of Sec. 4707. If any person embraced within the provisions
atlve^s?^*^* ^®'of sections forty-six hundred and ninety-two and forty-six
Sec. 13^ 3 hundred and ninety-three has died since the fourth day of
^secs.' ^d!\ 14 March, eighteen hundred and sixty-one, or shall hereafter
'^'sec.^Sfe June, ^i^> ^y rcasou of any wound, injury, casualty, or disease,
^^c. 1, 27 July, which, under the conditions and limitations of such sections,
1868. would have entitled him to an invalid pension, and has not

left or shall not leave a widow or legitimate child, but has
left or shall leave other relative or relatives who were de-
pendent upon him for support in whole or in part at the
date of his death, such relative or relatives shall be entitled,
in the following order of precedence, to receive f he same pen-
sion as such person would have been entitled to had he been
totally disabled, to commence from the death of such person,
namely : First, the mother ; secondly, the father ; thirdly,
orphan brothers and sisters under sixteen years of age, who
shall be pensioned jointly : Provided, That where orphan
children of the same parent have different guardians, or
a portion of them only are under guardianship, the share
of the joint pension to which each ward shall be entitled
shall be paid to the guardian of such ward : Provided, That
if in any case said person shall have left father and mother
who are dependent upon him, then, on the death of the
mother, the father shall become entitled to the pension,
commencing from and after the death of the mother; and
upon the death of the mother and father, or upon the death
of the father and the remarriage of the mother, the depend-
ent brothers and sisters under sixteen years of age shall
jointly become entitled to such pension until they attain the
age of sixteen years, respectively, commencing from the
death or remarriage of the party who had the prior right to
the pension : Provided, That a mother shall be assumed to
have been dependent upon her son within the meaning of
this section if, at the date of his death, she had no other

REVISED STATUTES NOW IN FOKCE. 553

adequate meaus of support than the ordinary proceeds of
her own manual labor and the contributions of said son or
of any other persons not legally bound to aid in her sup-
port ; and if, by actual contributions, or in any other way,
the son had recognized his obligations to aid in support of
his mother, or was by law bound to such support, and that
a father or a minor brother or sister shall, in like manner
and under like conditions, be assumed to hav^e been depend-
ent, except that the income which was derived or derivable
from his actual or possible manual labor shall be taken into
account in estimating a father's means of independent sup-
port : Provided, further^ That the pension allowed to any
person on account of his or her dependence, as hereinbefore
provided, shall not be paid for any period during which it
shall not be necessary as a means of adequate subsistence.

Sec. 4708. The remarriage of any widow, depen dent Remarriage.

mother, or dependent sister, entitled to pension, shall not s^c. 14, 3 Mar.,

bar her right to such pension to the date of her remarriage, sees. 2, 3, u

whether an application therefor was filed before or after sec. 7, 4 juiy,

such marriage 5 but on the remarriage of any widow, de- sec. 6, 25 July,

pendent mother, or dependent sister, having a pension, such sec. 10, 27 Juiv,

V n 1868.

pension shall cease.

Sec. 4709. Repealed by acts of January 25 and March 3,
1879. For repealed section, see Addenda.

Sec. 4710. Repealed by acts of January 25 and March 3,
1879. For repealed section, see Addenda.

Sec. 4711. It shall be the duty of the Commissioner of .Arrears of pen-

^ sions.

Pensions, upon any application by letter or otherwise by or — — , ^ „ —

, , ,n n ^ r-r- .^ , „ . Sec. 17, 3 Mar.,

on behalf of any pensioner entitled to arrears of pension i873.
under section forty-seven hundred and nine, or if any such
pensioner has died, upon a similar application by or on be-
half of any person entitled to receive the accrued pension
due such pensioner at his death, to pay or cause to be paid
to such pensioner, or other person, all such arrears of pen-
sion as the pensioner may be entitled to, or, if dead, would
have been entitled to under the provisions of that section so fee due at-
had he survived ; and no claim-agent or other person shall in^^'^p^piicSfon
be entitled to receive any compensation for services in ^<*'' *"*^^-
making application for arrears of pension.

Sec. 4712. The provisions of this Title in respect to.thefoSier^lcts ex^

rates of pension to persons whose right accrued since the ^^^^^^

fourth day of March, eighteen hundred and sixty-one, areifva." ^^' ^ ^*^'
extended to pensioners whose right to pension accrued 186^" ^' ^^ '^"^^'

554 REVISED STATUTES NOW TN FORCE.

Sec. 13, 27 July, under general acts passed since tbe war of the Eevolution
and prior to the fourth day of March, eighteen hundred and
sixty-one, to take effect from and after the twenty -filth day
of July, eighteen hundred and sixty- six ; and the widows of
revolutionary soldiers and sailors receiving a less sum shall
be paid at the rate of eight dollars per month from and after
the twenty- seventh day of July, eighteen hundred and
sixty-eight.*

Commencement Sec. 4713. In all cases in which the cause of disability or

pensions. death Originated in the service prior to the fourth day of

Sec. 19, 3 Mar., March, eighteen hundred and sixty-one, and an application

1873

Sec. 13, 6 June, for i)ensiou shall not have been tiled within three years from
^^lec. 3, 25 July, the discharge or death of the person on whose. account the
^^see sec. 1, 21 claim is made, or within three years of the termination of a
^&^Iec. 2, 2oP^°sion previously granted on account of the service and
"^see^Tcc. 2^ 4 ^^ath of the same person, the pension shall commence from
^s^ ^sec! 2 24 ^^^ ^^^^ ^^ filing by the party prosecuting the claim the last
May, 1828. paper requisite to establish the same. But no claim allowed
prior to the sixth day of June, eighteen hundred and sixty-
six, shall be affected by anything herein contained.

Declarations Sec. 4714. Declarations of pension claimants shall be
beforeTcouvt of made bcfore a court of record, or before some officer thereof

recor , &c. having custody of its seal, said officer herebj^ being fully

1873°' ' *^ ' authorized and empowered to administer and certify any
1804°* ^' * " ^' oath or affirmation relating to any pension or application
therefor: Provided, That the Commissioner of Pensions may
designate, in localities more than twenty-five miles distant
from any place at which such court is holden, persons duly
qualified to administer oaths, before whom declarations may
be made and testimony taken, and may accept declarations.
of claimants residing in foreign countries made before a
United States minister or consul, or before some officer of
the country duly authorized to administer oaths for general
purposes, and whose official character and signature shall
be duly authenticated by the certificate of a United States
minister or consul ; declarations in claims of Indians made
before a United States agent ; and declarations in claims
^. 21, 3 Mar., under the provisions of this Title relating to pensions for
services in the war of eighteen hundred and twelve, made
before an officer duly authorized to administer oaths for
general purposes, when the applicants, by reason of infirm-
ity of age, are unable to travel : Provided, That any declara-
tion made before an officer duly authorized to administer

* Amended by ^ct of June <J, 1880.

REVISED STATUTES NOW IN FORCE. 555

oaths for general purposes shall be accepted to exempt a
claim from tlie limitation as to date of filing prescribed in
section forty-seven hundred and nine.

Sec. 4715. Nothing in this Title shall be so construed as Two pensions

not allowable.

to allow more than one pension at the same time to the same -

,,..,, . Sec. 2, 3 Mar.,

person or to persons entitled lomtly; but any pensioneri873.

i_ u 1, 1 . ^ I.- \-^ t. 1 • Sec8.3,4,10, 14

who shall so elect may surrender his certincate, and receive, juiy, 1862.

in lieu thereof, a certificate for any other pension to which i866.^' ' °°^'

he would have been entitled had not the surrendered certifi- isIq^' ^' ^^ '^^^^^'

catfebeen issued. But all payments previously made for any

period covered by the new certificate shall be deducted from

the amount allowed bj^ such certificate.

Sec. 4716. No money on account of pension shall be paid ^.^^oyaity requi-
to any person, or to the widow, children, or heirs of any de- § ""23^3^^
ceased person, who in any manner voluntarily engaged in, 1873 ' '
or aided or abetted, the late rebellion against the authority 1862.

^ , ,^ . , ^ ' "^ See act 4 Feb..

of the United States.* 1862, and joint

resolution 2
Mar., 1867. See

Sec. 4717. Repealed by section 3, act of January 25, 1879, 8ec^5,act9,Mar.,
For repealed section, see Addenda.

Sec. 4718. If any pensioner has died or shall hereafter Accmed pen-
die, or if any person entitled to a pension, having an appli- ve^ted*^flrst*in
cation therefor pending, has died or shall hereafter die, his ^i*no7' Sd^J"

widow, or if there is no widow, the child or children of such ^^^^^'^°-

person under the age of sixteen years shall be entitled to ^g-^^; ^^' ^ ^^^ '
receive the accrued pension to the date of the death of such j„^,^^ ^Ig^ ^^' *
person. Such accrued pension shall not be considered as a j^^^^ j||g^- ^' ^
part of the assets of the estate of deceased, nor liable to be j^^ee^sec. 4, 25
applied to the payment of the debts of said estate in any ^se^ «ec. 9. 27

July, lobo.

case whatever, but shall inure to the sole and exclusive , see sec. 2, ?

Mar., 18^9.

benefit of the widow or children ; and if no widow or child See sees. 1,2.3,

^ , , . 19 June, 1840.

survive, no payment whatsoever of the accrued pension aiso, see note
shall be made or allowed, except so much as may be neces-iast two-named
sary to reimburse the person who bore the expenses of theMouifon.^^"*"
last sickness and burial of the decedent, in cases where hcmenr™
did not leave sufficient assets to meet such expenses.

Sec. 4719. The failure of any pensioner to claim his pen- unclaimed pen
sion for three years after the same shall have become due ot^^' ^®p°^^**^"
shall be deemed presumptive evidence that such pension sec.26,3 Mar.
has legally terminated by reason of the pensioner's death, sec.' 3, 27 July,
remarriage, recovery from the disability, or otherwise, and ^^see Sec. 1, e

.. Apr. 1838.

S6() 86C 3 23

* Amended by act of March 3, 1877. Aug., 1842. '

556 REVISED STATUTES NOW IN FORCE.

tlie pensioner's name shall be stricken Ironi the list of pen-
sioners, subject to the right of restoration to the same on a
new application by the pensioner, or, if the pensioner is
dead, by the widow or minor children entitled to receive the
accrued pension, accompanied by evidence satisfactorily
accounting for the failure to claim such pension, and bj^ med-
ical evidence in cases of invalids who were not exempt
from biennial examinations as to the continuance of the dis-
ability.

Pensionsunder Skc. 4720. When the rate, commencement, and duration

Bpecia ac 8. — ^^ ^ peusiou allowed by special act are fixed by such act,

187^' ' ' they shall not be subject to be varied by the provisions and

1888.°" ' " ^' limitations of the general pension laws, but when not thus

im*'"^' ^ "^' fixed, the rate and continuance of the pension shall be sub

ject to variation in accordance with the general laws, and

its commencement shall date from the passage of the special

act, and the Commissioner of Pensions shall, upon satisfac

tory evidence that fraud was perpetrated in obtaining such

special act, suspend payment thereupon until the propriety

of repealing the same can be considered by Congress*.

Indians' claims. Sec. 4721. The term of limitation prescribed by sections-
Sec. 28, 3 Mar., fortv-seven hundred and nine and forty-seven hundred and

1873

seventeen shall, in pending claims of Indians, be extended
to two years from and after the third day of March, eight-
een hundred and seventy-three 5 all lu-oof which has here-
tofore been taken before an Indian agent, or before an ofl&cer
of any tribe, competent according, to the rules of said tribe
to administer oaths, shall be held and regarded by the Pen-
sion Office, in the examining and determining of claims of
Indians now on file, as of the same validity as if taken be-
fore an officer recognized by the law at the time as compe
tent to administer oaths ; all proof wanting in said claims
hereafter, as well as in those filed after the third day of
March, eighteen hundred and seventy three, shall be taken
before the agent of the tribe to which the claimants respect
ively belong ; in regard to dates, all applications of Indians
now on file shall be treated as though they were made be-
fore acompetent officer at their respective dates, and if found
to be in all other respects conclusive, they shall be allowed;
and Indians shall be exempted from the obligation to take
the oath to support the Constitution of the United States.

•Amended by act of July 6, 1874.

REVISED STATUTES NOW IN FORCE. 557

Sec. 4722. The provisioDS of this Title are extended to the ^.^^^««*'"" °'^^-
oflicers and privates of the Missouri State militia, and the gee s 3 Mar
provisional Missouri militia, disabled by reason of injury ^^^^-^ ^^^ ^ ^
received or disease contracted in the line of duty while such J«Jy, i864. '

•^ See sees. 1, 2, 25

militia was co-operating with United States forces, and tlieMar., 1862.
widow or children of an}' such person, dying of injury re-
ceived or disease contracted under the circumstances herein
set forth, shall be entitled to the benefits of this Title. But
the pensions on account of such militia shall not commence
l)rior to the third day of March, one thousand eight hun-
dred and seventy- three.

Sec. 4723. All colored persons who enlisted in the Army ^.^^lo^^e^^^soi-
diiriug the war of the rebellion, and who are now prohibited ~^ , Vm •
from receiving bounty and j^ension on account of being borne 1873. '
on the rolls of their regiments as '^ slaves," shall be placed ent act. seepage

n .- ^1 . . V . 601, vol. 17, Stat-

on the same tooting, as to bounty and pension, as though utes at Large,
they had not been slaves at the date of their enlistment.

Sec. 4724. l^To person in the Army, Navy, or Marine Corps . General serv-
shall draw both a pension as an invalid and the pay of his ~-

^ ^ "^ Act 30 Apr.,

rank or station in the service, unless the disability for which 1844.

the pension was granted be such as to occasion his employ- in the c*iv?f sel"*^

ment in a lower grade, or in the civil branch of the serv- states see seci,

^ 3 Mar., 1865, and

ice.* sees. 5, 6 June 1,

1866.

Sec. 4725. All those surviving widows and minor children Ha 1 f p a y to
who have been allowed five years' half-pay, under the pro- j,^dow8 and chii-
visious of any general laws passed prior to the third day of sec. i,3Jnn^
June, eighteen hundred and fifty-eight, are granted a con- ^^^^'
tiuuance of such half-pay, to commence from the date of the
last payment under the respective acts of Congress, grant-
ing the same, and the terms and limitations provided in the
following section.

Sec. 472(3. Such half-pay is granted to such widows during Half-pay to
life, and, where there is no widow, to the children, while dren.
under the age of sixteen vears ; but in case of the remar- Sec. 1, 3 Jane,

" 1858

riage or death of any such widow, the halfi)ay shall go to
the children of the decedent on account of whose services it
is claimed, while such children are under sixteen years of
age, and no longer.

Sec. 4727. The half-pay of such widows and children shall Half -pay to
be half the monthly pay of the officers, non commissioned di-en.^^*^°
officers, musicians, and privates of the infantry of the Kegu- sec. 1, 3 June,

lar Army, and no more, and no greater sum shall be allowed

1858.

* Amended by act of March 1, 1879,

558 REVISED STATUTE^ NOW IN FORCE.

to any such widow or minor children than the half-pay of a
lieutenant-colonel. But the two pfeceding sections shall
not be construed to apply to or embrace the case of any
person receiving a pension for life on the third day of June,
eighteen hundred and fifty-eight ; and, wherever half-pay
has been granted by any special act of Congress, and re-
newed or continued under the provisions of those sections,
the same shall continue from the date above named : Pro-
vided^ That pensions under this and the two preceding sec-
tions shall be varied in accordance with the provisions of
section four thousand seven hundred and twelve of this
Title.

cere^aSrslamS ^^^' '^'^^^- ^^'^^Y officcr. Warrant or petty officer, seaman,

abiSd ^H^r^to^"^^^^^^? ^v^t^ sccoud, or third assistant engineer, fireman.

Mar. 4. 1861. or coal-hcavcr of the Navy or any marine has been disabled

Seca 2, 3, 11 prior to the fourth day of March, eighteen hundred and six-

Aug., 1848. "• t / C7

Sec. 11, 1 July, ty-one, by reason of any injury received or disease contract-
sec.8, 23Apr., ed in the service and line of duty, he shall be entitled to

1800.

■ receive during the continuance of his disability a pension
proportionate to the degree of his disability, not exceeding
half the monthly pay of his rank as it existed in January,
eighteen hundred and thirty-five. But the pension of a chief
engineer shall be the same as that of a lieutenant of the
Navy; the pension of a first assistant engineer the same as
that of a lieutenant of marines ; the pension of a second or
third assistant engineer the same as that of a forward officer;
the pension of a fireman or coal-heaver the same as that of
a seaman ; but an engineer, fireman, or coal-heaver shall not
be entitled to any pension by reason of a disability incurred
prior to the thirty-first day of August, eighteen hundred
and forty-two.

o>^8^°and°miS^?8 Sec. 4729. If any person referred to in the preceding sec-

and***Sam*S*^Stion has died in the service, of injury received or disease

ibila^pilo^r *to contracted under the conditions therein stated, his widow

Mar. 4, 1861. ghall bc entitled to receive half the monthl^^ pay to which

aS^^Iws.^ ^'^^ *^^ deceased was entitled at the date of his death ; and in

See sec. 4712. ^ase of her death or marriage, the child or children under

sixteen years of age shall be entitled to the pension. But

the rate of pension herein allowed shall be governed by the

pay of the Navy as it existed in January, eighteen hundred

and thirty-five ; and tbe i^ension of the widow of a chief

engineer shall be the same as that of a widow of a lieutenant

;:i the Navy ; the pension of the widow of a first assistant

engineer shall be the same as tbat of the widow of a lieu ten-

REVISED STATUTES NOW IN FORCE. 559

aut of marines ; the pension of the widow of a second or
third assistant engineer the same as that of the widow of a
forward ofScer ; the x>eiision of the widow of a fireman or
coal-heaver shall be the same as that of the widow of a sea-
man. But the rate of pension prescribed by this and the
l)receding section shall be varied from and after the twenty-
fifth day of July, eighteen hundred and sixty-six, in accord-
ance with the provisions of section four thousand seven
hundred and twelve of this Title j and the widow of an en-
gineer, fireman, or coal-heaver shall not be entitled to any
pension by reason of the death of her husband, if his death
was prior to the thirty-first day of August, eighteen hun-
dred and forty-two.

Sec. 4730. Anv ofi&cer, non commissioned officer, musi- Mexican war,

•^ ' ' legularsorvolnn-

cinn or private, whether of the Regular Army or volunteer, teera disabled io.
disabled by reason of injury received or disease contracted |ec. 7, 13 May,
while in the line of duty in actual service in the war with v|ec.2, 21 juiy,
Mexico, or in going to or returning from the same, who re- see ae^^. 4712,
ceived an honorable discharge^ shall be entitled to a pen-
sion proportionate to his disability, not exceeding for total
disability half the pay of his rank at the date at which he
received the wound or contracted the disease which resulted
in such disability. But no pension shall exceed half the
pay of a lieutenant-colonel.

Sec. 4731. If any officer or other person referred to iHchSTof r^\^.
the preceding section has died, or shall hereafter die, by l^^^o^vohinteera

"^ ^ ' ' "^ in the Mexican

reason of any injury received or disease contracted under ^;f^: _^__

the circumstances therein set forth, his widow shall be en- Sees, i, 2, 21

,..1-1. . .1 • 1 , ^ -. ,, July, 1848.

titled to receive the same pension as the husband would sbc. 1, 22 reb.,
have been entitled to had he been totally disabled 5 and in Act 28 Sept.,
case of her death or remarriage, the child or children of see sec. 4712.
such officer or other person referred to in the preceding sec-
tion, while under the age of sixteen years, shall be entitled
to receive the pension. But the rate of pension prescribed
by this and the preceding section shall be varied after the.
twenty-fifth day of July, eighteen hundred and sixty-six, in
accordance with the provisions of section four thousand
seven hundred and twelve of this Title.

Seo. 4732. The widows, and children under sixteen years miTOTcwidmrof
of age, of the officers, non-commissioned officers, musicians, Fn7he wS^wlth
and privates of the regulars, militia, and volunteers of thej^^''^J^ri:'!?s^ rJ!!
war of one thousand eight hundred and twelve, and the *"^""^-^'^^-
various Indian wars since one thousand seven hundred aud ^gf^^- ^' ^' ''"^y*
ninety, who remained at the date of their death in the mili- j^^j^^'^'igi^' ^' ^^

560 REVISED STATUTES NOW IN FORCE.

Sec. 1, 22 Feb., tjiry seivice of the United States, or who received au hou-
rroviso 3. sec. orable discharge and have died or shall hereafter die of

1,3 Feb., 1853. , . f _. -. . ,

Sec. 1, 3 June, (njiiry received or disease contracted m the service and in
the line of duty, shall be entitled to receive half the monthly
pay to which the deceased was entitled at the time he re-
ceived the injury or contracted the disease which resulted
ra^* ^^^^' *^ *** in liis death. But no half-pay pension shall exceed the half-
pay of a lieutenant-colonel, and such half-pay pension shall
be varied after the twenty-fifth day of July, one thousand
eight hundred and sixty-six, in accordance with the pro-
visions of sectiotl four thousand seven hundred and twelve
of this Title.

New; continu- Sec. 4733. All pensioners whose names are now on the
anceo P®"^^**"^' p^ygjQQ.j.QJ2^ ^^j. ^Jjq r^j,^ entitled to restoration to the roll

under any act of Congress, shall be entitled to the continu-
ance of such pensions under the provisions and limitations
of this Title, and to such further increase of pension as is
herein provided.

Pensions are Sec. 4734. The provisious of law which allow the with-

not to bo with- ^

held. holding of the compensation of any person who is in arrears

Act 20 May, shall uot be construed to authorize the pension of any pen-
sioner of the United States to be withheld.

Time for which Sec. 4735. No pensiou shall be granted to a widow for
Jeceive'lpension. the Same time that her husband received one.

Act 30 April.

]?44. See resoiu- ggc^ 4730. The Secretary of the Interior is directed to

tion 23Jan., 1845. "•'

Pensions to pl^cc ou the peusiou-roll the names of the surviving officers
andtl°iior8**if t^hl ^nd culisted and drafted men, including militia and volun-
war of 1812. tcsrs, of the military and naval service of the United States,
jgf J*'- ^' ^* ^®^' who served sixtj^ days in the war with Great Britain, of
^^Seeact9Mar., eig]jteen hundred and twelve, and were honorably dis-
charged, and such other officers and soldiers as ma.\ have
been personally named in any resolution of Congress for any
specific service in that war, although their term of service
may have been less than sixty days, subject, however, to
the provisions of section forty-seven hundred and sixteen.

Pensionsunder Sec. 4737. Pcusions, undcr the preceding section, shall
SJ^rSlor''' be at the rate of eight dollars per month, and shall be paid

860^2, iFFeb., to the pcrsous entitled thereto for the term of their lives
from and after the fourteenth day of February, eighteen
hundred and seventy-one. But that section shall not apply
to any person who is receiving a pension at the rate of eight
dollars or more per month ; nor to any person who is receiv-

1871.

See act 9 Mar.
1878.

REVISED STATUTES NOW IN FORCE. 561

ing a pension less than eight dollars per month, except for
the diffei*ence between the pension now received and eight
dollars per month.

Sec. 4738. The surviving widows 'of such persons as are Pensions to sur.

.... .. ri.ii !• vising -widows of

embraced Within the provisions of the two preceding sec- officers, &c., of

tions shall be allowed, on the conditions and limitations _^Z^** :_

therein expressed, the same pension that such persons them- igft. ^'
selves would have been entitled to receive thereunder if ^gS|eact9Mar.,
living on the fourteenth day of February, eighteen hundred
and seventy-one : Provided, however, Such widows were mar-
ried to the husbands, on account of whose services t!;ie pen-
sion is claimed, prior to the treaty of peace which terminated
the war of eighteen hundred and twelve, and have not
remarried.

Sec. 4739. Before the name of any person is placed upon Proof required;

. names may b©

the pension-roll under the three preceding sections, prooi stricken from

shall be mtide, under such regulations as the Secretary of ^^- -

the Interior may prescribe, that the applicant is entitled toi87i.

See act 9 Mar

a pension under the provisions of the sections herein cited j i878.
and the Secretary of the Interior shall cause to be stricken
from the pension-roll the name of any person whenever it
appears, by proof satisfactory, that such name was put upon
such roll through false or fraudulent representations.

Sec. 4740. The loss of a certificate of discharge shall not i^o^s ^^ *\^»-

" c narge certifi-

deprive an applicant of the benefits of sections forty-seven cate^

hundred and thirty-six, forty-seven hundred and thirty- ^gSec 3, u Feb.,
seven, and forty-seven hundred and thirty-eight, but other ^e act 9 Mar.,
proot ot services performed and of an honorable discharge,
if deemed satisfactory, shall be sufficient.

Sec. 4741. The officers and seamen of the revenue-cutters Pension to om-
of the United States, who have been or may be wounded or of revenuecut-
disabled in the discharge of their duty while co operating -^^—

with the Navy by order of the President, shall be entitled isw.^* ^^ ^^"
to be placed on the Navy pension-list, at the same rate of
pension and under the same regulations and restrictions as
are provided by law for the officers and seamen of the Navy.

Sec. 4742. From and after the second day of April, eight- for Revolutionary
een hundred and sixty-two, no claim for a pension, or forPy**"^ probib-
an increase of pension, shall be allowed in favor of the chil- Act 2 April,
dren or other descendants of any person who served in the^^^^-
war of the Eevolution, or of the widow of such person, when
7018 PEN 36

562 REVISED STATUTES NOW IN FORCE.

such person or liis widow died without having established
a claim to a pension.

Evidence^^nec^ Sec. 4743. In all cases where a pension has been granted
widows of revo-to anv offlccr or soldier of the Revolution in his hfe-time,

lutionary soldiers *' '

to obtain pen- the evidence upon which such pension was granted shall be
'— — : — conclusive of the service of such ofiicer or soldier in the ap-

R 6 8 olutlOU 1

July, 1848. plication of any widow, or woman who may have been the

widow, of such officer or soldier, for a pension ; and upon
proof by her that she was married to any such officer or
soldier and that she is a widow, she shall thereupon be
l^laced upon the pension-rolls at the same rate that such
officer or soldier received during his life-time.

Special service Sec. 4744. The Commissiouer of Pensions is authorized

s^u 8 pelted at- to detail, from time to time, clerks in his office to investi-

mptsa ran . ^^ suspcctcd attempts at fraud on the government,

Sec. 30, 3 Mar., fl r ii - ^ r ^r. • • ^ .x • i

1873. through and by virtue of the provisions of the pension law,

1862.*^'^'^* "^' and to aid in prosecuting any person so offending, with

1864^" ' ^' such additional compensation as is customary in cases of

special service ; any person so detailed shall have the power

to administer oaths and take affidavits in the course of any

such investigation.*

Any pledge, Sec. 4745. Any pledge, mortgage, sale, assignment, or
aL^si ffimentf or trausfcr of any right, claim, or interest in any pension which
sion void.**^ ^^° biis bceu, or may hereafter be, granted, shall be void and oi
Sec. 32, 3 Mar., HO cffcct; and any person acting as attorney to receive and
^^s^c. 8, 10 Apr., receipt for money for and in behalf of any person entitled
^sec.4. i8Mar.,t<^ ^ pcusiou shall, beforc receiving such money, take and
^^s^c. 2, 7 July, subscribe an oath, to be filed with the pension agent, and
^^sec 2, 6 June, ^^ ^^"^ ^^ ^^ transmitted, with the vouchers now required
1866. 5y ]aw, to the proper accounting officer of the Treasury,

that he has no interest in such money by any pledge, mort-
gage, sale, assignment, or transfer, and that he does not
know or believe that the same has been so disposed of to
any person.t

Penalty for Sec. 4746. Every person who knowingly or willfully in
post dating any wise procures the making or presentation of any false

-^ ^ or fraudulent affidavit concerning any claim for pension, or

1873.* ' 'payment thereof, or pertaining to anj^ other matter within

Mar.. 1863.' ' chc jurisdiction of the Commissioner of Pensions, or who
1866."' ' ""*' knowingly or willfully presents or causes to be presented at
^^sec. 6, 8 July, ^^^^ pensiouageucy any power of attorney or other paper

See sec. 1, 5 . ^,

Feb., 1859. » Amended by act of Jiily 25, 1882.

t Amended by section % act of February 28, 1883.

REVISED STATUTES NOW IN FORCE. 563

required as a voucher in drawing a pension, which paper
bears a date subsequent to that on which it was actually
signed or executed, shall be punished by a fine not exceed-
ing five hundred dollars, or by imprisonment for a term not
exceeding three years, or by both.

Sec. 4747. Ko sum of money due, or to become due, to Pension not ua

ble to attach

any pensioner shall be liable to attachment, levy, or seizure ment.

by or under any legal or equitable process whatever, whether Sec. 25, 3 Mar.
the same remains with the Pension Office, or any officer or sec. 3, 6 June,
agent thereof, or is in course of transmission to the pensioner sec. 2, 7 juiy
entitled thereto, but shall inure wholly to the benefit of such
pensioner.

Sec. 4748. That the Commissioner of Pensions, on appli- commissioner

,.,. Til-. iiiii of Pensions shall

cation being made to him m person, or by letter, by any famish printed

,. , 1' . n ' v. J. 1 -% J.1 instructions free

claimant or applicant for pension, bounty-land, or other of charge,
allowance required by law to be adjusted or paid by the sec. 22, 3 Mar,^

1873

Pension-Office, shall furnish such person, free of all expense, sec. 9, u juiy,
all such printed instructions and forms as may be necessary ^^^^'
in establishing and obtaining said claim ; and on the issuing
of a certificate of pension or of a bounty-land warrant, he
shall forthwith notify the claimant or applicant, and also
the agent or attorney in the case, if there be one, that such
certificate has been issued, or allowance made, and the date
and amount thereof.

Sec. 4749. No soldier or sailor shall be taken or held to certain soldiers
be a deserter from the Army or ISTavy who faithfully served be d'eemed'' Ve^

according to his enlistment until the nineteenth day of April, ^^^^^'

eighteen hundred and sixty-five, and who, without proper 18^7?* ^^ ^'^^'
authority or leave first obtained, quit his command or re-
fused to serve after that date; but nothing herein contained
shall operate as a remission of any forfeiture incurred by
any such soldier or sailor of his pension 5 but this section
shall be construed solely as a removal of any disability such
soldier or sailor may have incurred by the loss- of his citi-
zenship in consequence of his desertion.*

Sec. 4750. The Secretary of the Navy shall be trustee of secretary of
the Navy pension-fund. tvnatellt^Sivj

pension-fund.

Sec. 4751. All penalties and forfeitures incurred under Sec. 1, 10 juiy,
the provisions of sections twenty-four hundred and sixty- Penalties- how
one, twenty-four hundred and sixty-two, twenty-four hun- to he sued for, &c.
dred and sixty-three. Title "The Public Lands," shall bCjgff^- ^' ^^ar-,
sued for, recovered, distributed, and accounted for under the
* See acts of August 7, 1882, and July 5, 1884, "

564 REVISED STATUTES NOW IN FORCE.

directions of the Secretary of the Navy, and shall be paid
over, one-half to the informers, if any, or captors, where
seized, and the other half to the Secretary of the Navy for
the use of the Navy pension-fund; and the Secretary is
authorized to mitigate, in whole or in part, on such terms
and conditions as he deems proper, by an order in writing,
any fine, penalty, or forfeiture so incurred

accruine°to°the ^^^* ^'^^2- ^^^ mouey accruiug or which has already ac-
united states to crued to the United Spates from sale of prizes shall be and

lom am a fund for ^

pen sions. remain forever a fund for the payment of pensions to the

Sec. 1, 17 July, oflficers, scamen, and marines who may be entitled to receive
the same ; if such fund be insufficient for the purpose, the
public faith is pledged to make up the deficiency ; but if it
should be more than sufficient, the surplus shall be applied
to the making of further provision for the comfort of the
disabled officers, seamen, and marines.

fand7how to "be ^^^' '^'^^^' ^^^ Secretary of the Navy, as trustee of the
^^^»^^- naval pension-fund, is directed to cause to be invested in the

j^esoio^ion 1 registered securities of the United States, on the first day of
January and the first day of July of each year, so much of
said fund then in the Treasury of the United States as may
not be required for the payment of naval pensions for the
then current fiscal year; and, upon the requisition of the
Secretary, so much of the fund as may not be required for
such payment of pensions accruing during the current fiscal
year shall be held in the Treasury on the days above named
in each year, subject to his order, for the purpose of such
immediate investment ; and the interest payable in coin
upon the securities in which the fund may be invested shall
be so paid, when due, to the order of the Secretary of the
Navy, and he is authorized and directed to exchange the
amount of guch interest, when paid in coin, for so much of
the legal currency of the United States as may be obtained
therefor at the current rates of premium on gold, and to
deposit the interest so converted in the Treasury to the
credit of the naval pension-fund ; but nothing herein con-
tained shall be construed to interfere with the payment of
naval pensions under the supervision of the Secretary of the
Interior as regulated by law.

on^avaipenliiSn* ^^^' ^^^^' ^^^ Intcrcst on the uaval pension-fund shall

^^^^' hereafter be at the rate of three per centum per annum in

im°' ^' ^^''^''^^' lawful money.

REVISED STATUTES NOW IN FORCE. /3G5

Seo. 4755. The Navy pensions shall be paid from the aylbfrflom

Navy pension-fund, but no payments shall be made there- ^^^^-

from except upon appropriations authorized by Congress, ^g^^^t ii juiy,

Sec. 4756. There shall be paid out of the naval pension- aSied^enifsted
fund to every person who, from age or infirmity, is disabled ^^^^^^ serving
from sea service, but who has served as an enlisted person Navy or Marine
in the Navy or Marine Corps for the period of twenty years,
and not been discharged for misconduct, in lieu of being ise?.
provided with a home in the Naval Asylum, Philadelphia,
if he so elects, a sum equal to one-half the pay of his rating
at the time he was discharged, to be paid him quarterly,
under the direction of the Commissioner of Pensions ; and
application for such pension shall be made to the Secretary
of the Navy, who, upon being satisfied that the applicant
comes within the provisions of this section, shall certify the
same to the Commissioner of Pensions, and such certificate
shall be his warrant lor making payment as herein author-
ized.

Sec. 4757. Every disabled person who has served in the Serving not
Navy or Marine Corps as an enlisted man for a' period notyearl, m^aj te-
less than ten years, and not been discharged for misconduct, ^^^^^^ a ai .
may apply to the Secretary of the Navy for aid from the 2 MarT,^ i867.
surplus income of the naval pension fund ; and the Secre-
tary of the Navy is authorized to convene a board of not
less than three naval officers, one of whom shall be a sur-
geon, to examine into the condition of the applicant, and to
recommend a suitable amount for his relief, and for a speci-
fied time, and upon the approval of such recommendation
by the Secretary of the Navy, and a certificate thereof to
the Commissioner of Pensions, the amount shall be paid in
the same manner as is provided in the preceding section for
the payment to persons disabled by long service in the
Navy ; but no allowance so made shall exceed the rate of a
pension for full disability corresponding to the grade of the
applicant, nor, if in addition-to a pension, exceed one-fourth
the rate ot such pension.

Secretary of

Sec. 4758. The Secretary of the Navy shall be trustee of ^^yy ^^""^^^ «^

•^ »' privateer pen-

the privateer pension-fund. sioji-fnnd.

Sees. 3, 5, 10
July, 1832.

Sec. 4759. Two per centum on the net amount, after de- Privateer pen-
ducting all charges and expenditures, of the prize-money Sv^d.'^'
arising from captured vessels and cargoes, and on the net s7c.i7726 June.
amount of the salvage of vessels and cargoes recaptured by ^^^"
the private armed vessels of the United States, shall be

566 REVISED STATUTES NOW IN FORCE.

secured and paid over to the collector or other chief officer
of the customs of the port or place in the United States at
which such captured or recaptured vessels niay arrive ; or
to the consul or other public agent of the United States re-
siding at the port or place, not within the United States, at
which such captured or recaptured vessels may arrive. And
the moneys arising therefrom are pledged by the Govern-
ment of the United States as a fund for the support and
maintenance of the widows and orphans of such persons as
may be slain, and for the support and maintenance of such
persons as may be wounded and disabled on board of the
private armed vessels of the United States, in any engage-
ment with the enemy, to be assigned and distributed in
such manner as is or may be provided by law.

To be paid into Sec. 4760. The two per centum reserved in the hands of

— ~- the collectors and consuls by the preceding section shall be

1813. ■ ' ' paid to the Treasury, under the like regulations provided for

other public money, and shall constitute a fund for the pur-
poses provided for by that section.

Wounded, &c., Sec. 4761. The Secretary of the Interior is required to
Eepfacldra^pelT- place ou the pension-list, under the like regulations and

i'i"i!!!: restrictions as are used in relation to the Navy of the United

18^.*^* ^' ^^ ^^^" States, any officer, seaman, or marine who, on board of any
ism?' ^' ^ "^^^ ' private armed vessel bearing a commission of letter of
marque, shall have been wounded or otherwise disabled in
any engagement with the enemy, or in the line of their duty
as officers, seamen, or marines of such private armed vessel ;
allowing to the captain a sum ilot exceeding twenty dollars
per month ; to lieutenants and sailing-master a sum not ex-
ceeding twelve dollars each per month ; to marine officer,
boatswain, gunner, carpenter, master's mate, and prize-mas-
ters a sum not exceeding ten dollars each per month ; to all
other officers a sum not exceeding eight dollars each per
month, for the highest rate of disability, and so in pro-
portion ; and to a seaman, or acting as a marine, the sum of
six dollars per month, for the highest rate of disability, and
so in proportion; which several pensions shall be paid from
moneys appropriated for the payment of pensions.

comman ding Sec. 4762. The commaudiu g officer of every vessel having
£rto^en"rra commissiou, or letters of marque and reprisal, shall enter
jlTJJnai.'^*'' '" *in liis journal the name and rank of any officer, and the

Sec. 3, 13 Feb^, uame of any seaman, who, during his cruise, is wounded or
^^^■* disabled, describing the manner and extent, as far as prac-

ticable, of such wound or disability.

REVISED STATUTES NOW IN FORCE. 567

Sec. 4703. Every collector shall transmit quarterly to the .^Transcrip^t of
Secretary of the Navy a trau script of such journals as ^^y s^*°|gr**Jf^the
have been reported to him, so far as it gives a list of the ^avy.
officers and crew, and the description of wounds and dis- sec. 4, 13 Feb.,
abilities^ the better to enable the Secretary to decide on
claims for pensions.

Sec. 4764. Within fifteen days immediately preceding the toSqumeiiy
fourth day of March, June, September, and December in each J^J^^^neV^^!'''^
year, the several agents for the payment of pensions shall sec. 1,8 juiy,
prepare a quarterly voucher for every person whose pen- 1^^^-
sion is payable at his agency, and transmit the same by
mail, directed to the address of the pensioner named in such
voucher, who, on or after the fourth day of March,, June,
September, and December next succeeding the date of such
voucher, may execute and return the same to the agency at
which it was prepared, and at which the pension of such
person is due and payable.

Sec. 4765. Upon the receipt of such voucher, properly check to be

. . drawn to order of

executed, and the identity 01 the pensioner being estab- eacb pensioner.

1- 1 1 J J • xr -I A -u 4.1 C3 Sec. 2, 8 July,

lished and proved m the manner prescribed by the Secre- isto.
tary of the Interior, the agent for the i^ayment of pensions
shall immediately draw his check on the proper assistant
treasurer or designated depositary of the United States for
the amount due such pensioner, payable to his order, and
transmit the same by mail, directed to the address of the
pensioner entitled thereto j but any pensioner may be re-
quired, if thought proper by the Commissioner of Pensions,
to appear personally and receive his pension.

Sec. 4766. Hereafter no pension shall be paid to any per- Pensions to be
son other than the pensioner entitled thereto, nor otherwise sons entSied.^^^
than according to the provisions of this Title, and no war- sec. 3, 8 Jniy.
rant, power of attorney, or other paper executed or purport-
ing to be executed by any pensioner to any attorney, claim-
agent, broker, or other person shall be recognized by any
agent for the payment of pensions, nor shall any pension
be paid thereon. But the payment to persons laboring
under legal disabilities may be made to the guardians of
such persons in the manner herein prescribed ; and pen-
sions payable to persons in foreign countries may be made
according to the provisions of existing laws.*

Sec. 4767. The Secretary of the Interior shall cause suit- ^o^che^s^not^i'
able blanks for the vouchers mentioned in section forty- g^^ 5 g j„iy

1870.

* Re-enacted and amended by act of August 7, 1882.

568 REVISED STATUTES NOW TN FOPwCE.

seven hundred and sixty -four to be printed and distributed
to the agents for the payment of pensions, upon which he
shall cause a note to be printed, informing pensioners of the
fact that hereafter no pension will be paid, except upon the
vouchers issued as herein directed.

Sec. 9, 8 July, Sec. 4768. The Commissioner of Pensions shall forward
Sec. 6, 14 July, the Certificate of pension, granted in any case, to the agent
Sec. 12, 4 July, for paying pensions where such certificate is made payable,
Repealed as to and at the same time forward therewith one of the articles
Sct2ojmfe,i878.^of agreement filed in the case and approved by the Oom-
jan*^i879.' ^' ^^ missioucr, setting forth the fee agreed upon between the
claimant and the attorney or agent ; and where no agree-
ment is on file, as hereinbefore rirovided, he shall direct
that a fee of ten dollars only be paid the agent or attorney.

See sec. 4, 25 Sec. 4769. It shall be the duty of the agent paying such
^'^^sec.^iof's July, pcusiou to deduct from the amount due the pensioner the
^^Repeaied asto^™^^^^^ of fccs SO agreed upou or directed by the Gommis-
act2ojSne,i878^.? sioucr to bc paid where no agreement is filed and approved,
ti^acTao^june; ^^^ *^ forward or cause to be forwarded to the agent or attor-
^^Sec 2 4 July ^^^ ^^ rccord named in such agreement, or, in case there is
June' 1878*'* ^^ ^^ agreement, to the agent prosecuting the case, the amount
of the proper fee, deducting therefrom the sum of thirty
cents in payment of his services in forwarding the same.

Sec. 4770. Now section 3646 of the Kevised Statutes :
" Sec. 3646. Whenever any original check is lost, stolen,
or destroyed, disbursing officers and agents of the United
States are authorized, after the expiration of six months,
and within three years from the date of such check, to issue
a duplicate check j and the Treasurer, assistant treasurers,
anddesignated depositaries of the United States are directed
to pay such duplicate checks, upon notice and proof of the
loss of the original checks, under such regulations in regard
to their issue and payment, and upon the execution of such
bonds, with sureties, to indemnify the United States, as
the Secretary of the Treasury shall prescribe. This section
shall not apply to any check exceeding in amount the sum
of one thousand dollars."

Sec. 4771, ]

Sec. 4772 I Repealed by section 3, act of June 21, 1879.

j For repealed sections see Addenda.

Act

Feb.,

1877.

Act

Apr.,

1871.

Act
1872.

Feb.,

Sec. 4773

Sec. 4774. Superseded by section 4, act of July 25, 1882,
which act teas snbseqvently amended by act of March 3, 1885.

For repealed section see Addenda.

REVISED statutes; NOW IN FORCE. 569

Sec. 4775. Examining surgeons duly appointed by the inaSous \miT)-
Commissioner of Pensions, and such other qualified sur- p^aia therefrom.
geons as may be employed in the Pension-Office, may be |ec. 37, 3 Mar.,
required by him, from time to time, as he deems for the
interest of the Government, to make special examinations
of pensioners, or applicants for pension, and such examina-
tions shall have precedence over previous examinations,
whether special or biennial ; but when injustice is alleged
to have been done by an examination so ordered, the Com-
missioner of Pensions maj', at his discretion, select a board
of three duly appointed examining surgeons, who shall meet
at a place to be designated by him, and shall review such
cases as may be ordered before them on ai)peal from any
special examination, and the decision of such board shall
be final on the question so submitted thereto, provided the
Commissioner approve the same. The compensation of each
of such surgeons shall be three dollars, and shall be paid
out of anj' appropriations made for the payment of pensions,
in the same manner as the ordinar-y fees of appointed sur
geons are or may be authorized to be paid.

Sec. 4776. The Secretary^ of the Interior is authorized to Medical Referee
appoint a duly qualified surgeon as medical referee, who, ining surgeons,
under the control and direction of the Commissioner of Pen- sec. 38, 3 Mar..

1873

sion, shall have charge of the examination and revision of
the reports of examining surgeons, and such other duties
touching medical and surgical questions in the Pension-
Office as the inte.rests of the service may demand 5 and his
salary shall be two thousand five hundred dollars per annum.
And the Secretary of the Interior is further authorized to
ai^point such qualified surgeons (not exceeding four) as the
exigencies of the service may require, who may perform the
duties of examining surgeons when so required, and who
shall be borne upon the rolls as clerks of the fourth class;
but such appointments shall not increase the clerical force
of said Bureau.

Sec. 4777. The Commissioner of Pensions is empowered Appointment of
to appoint, at his discretion, civil surgeons to make the pe- surgeons.
riodical examinations of pensioners which are or may be re- Sec. 35, 3 Mar.,
quired by law, and examine applicants for pension, where sec. 8, u July,
he deems an examination by a surgeon appointed by him see sec. 8, 4
necessary ; and the fee for such examinations, and the requi- ^'
site certificates thereof, in duplicate, including postage on
such as are transmitted to pension-agents, shall be two dol-
lars, wliich shall be paid by the agent for paving pensions
in the district within whicli the pensioner or claimant re-

570 REVISED STATTUES NOW IN FORCE.

sides, out of any money appropriated for the payment of
pensions, under such regulations as tiie Commissioner of
Pensions may prescribe.

appSmSnd' Sec. 4778. The President is authorized to appoint, by
term of office. .^^^ ^^^^^ ^^^ advice.aud consent of the Senate, all pension-
J8CT?* ^ ^^^■' agents, who shall hold their respectives offices for the term
Apr.%816'. *' ^*^^ ^^^^ years, unless sooner removed or suspended, as pro-
Ap^ 1836 ^' ^^ vided by law, and until their successors are appointed and

^^See act 8 Mar., qualified.

siS'-S^ente ^^"' ^"^^* ^^^^* ^^^ pension-agents shall give bond, with good
^ ^ ^ ^ h and sufficient sureties, for such amount and in such form as

Act 5 Fe**" '

1867. the Secretary of Interior may approve.

of^plSSin^Sen- ^^^' ^^^^' "^^^ President is authorized to establish agen-

^^^' cies for the payment of pensions wherever, in his judgment,

18OT*'* ^ ^®^' the public interests and the convenience of the pensioners
require ; but the number of pension-agencies in any State
or Territory shall in no case be increased hereafter so as to
exceed three, and no such agency shall be established in
addition to those now existing in any State or Territory in
which the whole amount of pensions paid during the fiscal
year next preceding shall not have exceeded the sum of five
hundred thousand dollars.

seSns'sTe^Ai? ^^^* ^'^^^' )

DENirA.%ee!ai8oi ? Repealed by act of June 14, 1878.

act8 of Jan. 25 SEC. 4882. \
and Mar. 3, 1879, ''

»nd acta of July 4, 1884, and Mar. 3, 1885.

Penaityforem- Sec. 4783. Every guardian having the charge and cus-

by guardiaiK ^ tody of the peusiou of his ward who embezzles the same

Sec 31, 3 Mar., in violation of his trust, or fruadulently converts the same

1873. k '

See sec. 5486. to his owu usc, shall bc puuishcd by fine not exceeding two
thous^and dollars or imprisonment at hard labor for a term
not exceeding five years, or both.

a^^°heir 'd^"]!* ^^^" ^784. Ageuts for the payment of pensions, and any
to take affidavits clerks appointed by them and designated in writing for
^ — - that purpose, which designation shall be returned to and

1870. ' 'filed in the office of the Commissioner of Pensions, are re

See pen a 1 1 y, '

^ec.5487. quired, without any fee therefor, to take and certify the

affidavits of all pensioners and their witnesses who may
personally appear before them for that purpose, in which
case the check for the pension, when due and payable, shall
be given direct to the hand of the party entitled thereto, if
desired, and not mailed to his address as required by sec-
tion fortr-SP.Vfiii Iniiulrpd iind jssivfv-fivo.

REVISED STATUTES NOW IN FORCE. 571

Sec. 4785. No agent or attorney or other person shall Fees of agents

, , . - i • ^ 1 • • and attorneys for

demand or receive any other compensation for his services prosecuting

in prosecuting a claim for pension or bounty-land than such i^l^:

as the Commissioner of Pensions shall direct to be paid to 1873.^' '
him, not exceeding twenty-five dollars.* (See sec. 5485.) jufy.^'isei' ''

Sees. 12, 13, 4 July, 1864. Sec. 8, 8 July, 1870. For penalty, see sec. 5485.

Sec. 4786. It shall be the duty of the agent or attorney Fee agreements

of record in the prosecution of the case to cause to be filed ^ -

with the Commissioner of Pensions, for his approval, dupli- 1870.^' ^' " ^
cate articles of agreement, without additional cost to the ju^iy%862.' ^' ^*
claimant, setting forth the fee agreed upon by the parties, j^^i^® iS.' ^^' *
which agreement shall be executed in the presence of and j^^Qp^^^gg' ^' ^
certified by some officer competent to administer oaths. In |e|^sea!f^ 25
all cases where application is made for pension or bounty- J|°-}^J^^^^j
land, and no agreement is filed with and approved by the "^^^485.^^^ ^^^^
Commissioner as herein provided, the fee shall be ten dol- new cases. (See

■^ ' act June 20, 1878.)

lars and no more.t

Sec. 4787. Every officer, soldier, seaman, and marine who Artificial iimbs,
was disabled during the war for the suppression of the re- SshedVery Ave
belliop, in the military or naval service, and in the line of ?^^

duty, or in consequence of wounds received or disease con- iser'^^'^^*^"^^'
tracted therein, and who was furnished by the War Depart- jgfo.^"^' ^^''^"°®'
ment, since the seventeenth day of June, eighteen hundred ^^^^^ ^^ '^"°®>
and seventy, with an artificial limb or apparatus for resec- j^^^\g^]^ ^' ^
tion, who was entitled to receive such limb or apparatus |ee sec. 1177.

066 86C* If £lCii

since said date, shall be entitled to receive a new limb oris Aug., i876.
apparatus at the expiration of every five years thereafter,
under such regulations as have been or may be prescribed
by the Surgeon -General of the Army.f

Sec. 4788. Every person entitled to the benefits of the commutation
preceding section may, if he so elects, receive, instead of value forTiSiS[

such lioib or apparatus, the money value therof, at the ^2^

following rates, namely: For artificial legs, seventy -five 1870.* ^' ^^ '^""^'
dollars ; for arms, fifty dollars 5 for feet, fifty dollars ; for igfif ^' ^ *^''"^'
apparatus for resection, fifty dollars. ^^g® f|Jg ^' ^^

Sec. 4789. Superseded by section 1, act of August 15, 1876.

Sec. 4790. Every person in the military or naval service Money commu-
who lost a limb during the war of the rebellion, but from who "cannot ^use
the nature of his injury is not able to use an artificial limb, artificial iimbs.

* Section 4785 was repealed by sectioD 2, of the act of June 20, 1878 1870. '
and was subsequently re-enacted and amended by section 3, act of July igyf*'* ^' * •^'^°®'
4, 1834. • See sec. 1, 15

t Re-enacted and amended by section 4. Act of July 4, 1884. "^*' ^^^^'

572 REVISED STATUTES NOW IN FORCE.

shall be entitled to the benefits of section forty-seven hiin
dred and eiglity-eight, and shall receive money-commuta-
tion as therein provided.*

fo?titSto'^hom ^^^- ^'^^^- "^^^ Secretary of War is authorized and di-
artitiiLiai Hmbarected to fumish to the persons embraced by the provisions

are furnisued. ^ ^ l

j^^ of section forty-seven hundred and eighty-seven transporta-
^^^- « „ ^ tion to and from their homes and the place where they may

Sec. 2, 8 June, ^ J J

1872. be required to go to obtain artificial limbs provided for them

oC6 86C. ^) 15 ^

Aug., 1876. under authority of law.t

See act 27 Feb., *^

1877.

• ****»•

Agent orattor- Sec. 5485.t Any agcut or attorney, or any other person

nev lor pensions t •- o tj ^ .' i.

demanding or re- instrumental iu prosccuting any claim for pension or bounty-

ceiving more o v

than legal fee; land, who shall directly or indirectly contract for, demand,

penalty?or. '. *^ ^-i-i- •

or receive or retain any greater compensation for his services

1878. ' 01 instrumentality in prosecuting a claim for pension or

bounty-land than is provided in the Title pertjnning to pen-
sions, or who shall wrongfully withlLold from a pensioner
or Claimant the whole or any part of the pension or claim
allowed and due such pensioner or claimant, or the land
warrant issued to any such claimant, shall be deemed guilty
of a high misdemeanor, and, upon conviction thereof shall,
for every such offense be fined not exceeding five hundred
dollars, or imprisonment at hard labor not exceeding two
years, or both, at the discretion of the court.
[See §§ 4785, 4786.]

Persona em- Seo. 5498. Every officer of the United States, or person

"-^"d under the '

Government, in holding any placc of trust or profit, or discharging any offi-

anycapacity,can- . , ^ ^ ^/ * , . ^ J -^r. \.-

not act as agents cial lunctioii uuder, or 111 connection with, any executive
can thSTatd^or department of the Government of the United States, or
ecatio^n of ^My uudcr the Senate or House of Eepresentatives of the United
UnitedlTtates! * States, who acts as an agent or attorney for prosecuting any
• claim against the United States, or in any manner, or by
any means, otherwise than in discharge of his proper official
duties, aids or assists in the prosecution or support of any
such claim, or receives any gratuity, or any share of or in-
terest in any claim from any claimant against the Unite<l
States, with the intent to aid or assist, or in consideration

•Amended by par. 169, act of February 27, 1877.

tAinended by par. 170, act of February 27, 1877.

tThis section is re-enacted in the bill making a[>propriation8 for the
fiscal year ending June 30, 1882, as follows: "And the provisions of
section fifty-fonr hundred and eighty-five of the Revised Statutes shoU
be applicable to any i)ersin who shall violate the ])ro visions of an act
entitled 'An act relating to claim agents and attorneys in pension cases,'
approved June twentieth, eighteen hundred and seventy-eight."

REVISED STATUTES NOW IN FOKCE. 573

of having aided or assisted, in the prosecution of such claim,
shall pay a fine of not more than five thousand dollars or
sufter imprisonment not more than one year, or both.

Sec. 190. It shall not be lawful for any person appointed Persons form
after the first day of June, one thousand eight hundred and paftnJents not to

,, /vi 11 ix- If J.I, prosecute claims

seventy- two, as an officer, clerk or employe in any of thefntbem.
Departments, to act as counsel, attorney or agent for pros- sec. i, act i
ecuting any claim against the United States w^hich was "^^'
pending in either of said Departments while he was such
officer, clerk or employe, nor in any manner, nor by any
means, to aid in the prosecution of any such claim, within
two years next after he shall have ceased to be such officer,
clerk or employ^.

PENSION LAWS

ENACTED SINCE MARCH 4, 1873, NOT INCLUDED IN THE

REVISED STATUTES.

675

PENSION LAWS.

AN ACT to equalize pensions in certain cases.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That aIlj^S|® '^°' *72o,
persous eutitled to peiisious under special acts fixing the ^See Special
rate of such peiisious, and now receiving or entitled to re-
ceive a less pension than that allowed by the general pen-
sion laws under like circumstances, are, in lieu of their
present rate of pension, hereby declared to be entitled to
the benefits and subject to the limitations of the general
pension laws, entitled, "An act to revise, consolidate, and
amend the law s relating^ to pensions," approved March third,
eighteen hundred and seven ty - th ree ; and that this act go
into effect from and after its passage : Provided, That this
act shall not be construed to reduce any pension granted by
special act.

Approved, June 6, 1874.

AN ACT to increase the pension of soldiers and sailors who have been
totally disabled.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That^Q||®j»^8- *^®7,
section four of the act entitled "An act to revise, consoli-
date, and amend the laws relating to pensions," and ap-
proved March third, eighteen hundred and seventy-three,
be so amended that all persons who, while in the military
or naval service of the United States, and in the line of
duty, shall have been so permanently and totally disabled
as to require the regular personal aid and attendance of
another person, by the loss of the sight of both eyes or by
the loss of the sight of one eye, the sight of the other hav- Seeamendment

. ", , ' ■ *^ act 16 Jane, 1880.

ing been previously lost, or by the loss of both hands, or by
the loss of both feet, or by any other injury resulting in total
and permanent helplessness, shall be entitled to a pension
of fifty dollars per month ; and this shall be in lieu of a
pension of thirty-one dollars and twenty-five cents per
7018 PEN— 37 577

578 PENSION LAWS.

mouth grauted to such person by said section : Provided^
That the increase of pension shall not be granted by reason
of anj^ of the injuries herein specified, unless the §anie have
resulted in permanent, total helplessness, requiring the reg-
ular personal aid and attendance of another person.

Sec. 2. That this act shall take effect from and after the
fourth day of June, eighteen hundred and seventy-four.

Approved, June 18, 1874.

4698, R. S.

AN ACT to increase pensions in certain cases.

Be it enacted by the Senate and, House of Reprenentatives of
the United States of America in Congress assemhled, That all
4697, persons who are now entitled to pensions under existing
laws, and who have lost either an arm at or above the
elbow, or a leg at or above the knee, shall be rated in the
second class, and shall receive twenty-four dollars i)er
month : Provided, That no artificial limbs, or commutation
therefor, shall be furnished to such persons as shall be en-
titled to pensions under this act.

Sec. 2. That this act shall take effect from and after the
fourth day of June, eighteen hundred and seventy-four.

Approved, June 18, 1874.

AN ACT making appropriations for the payment of invalid and other
pensions of the United States for the year ending June thirtieth,
eighteen hundred and seventy-five.

Provided further, That the fees for preparing vouchers
See sec. 4782, aud administering oaths, which are now by law thirty cents
See sec. 4769, iu cach case, shall hereafter be twenty-five cents lor the

B. 8

same and no more.
Approved, June 20, 1874.

AN ACT granting pensions to the widows, children, dependent mothers
and fathers or orplian brothers and sisters, of those Jsoldiers who were
murdered by guerrillas, at Centralia, Missouri, in eighteen hundred
and sixty-four.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
provisions of existing pension laws be, and the same are
hereby, extended to the widows, children, dependent moth,
ers and fathers, or orphan brothers and sisters, in the order

PENSION LAWS. 579

iiainetl, of those lately discharged soldiers of the army of
the United States, who were murdered by guerrillas at Ceu-
tralia, Missouri, in eighteen hundred and sixty-four, while
being transported on tlio Xorth IMissouri Kailroad.

Sec. 2. That the i)rovisions()t' thisaet shall be construed
to extend to the widows, children, dependent mothers and
fathers, or orphan brothers and sisters, in the order named,
of any member of the Missouri militia who was murdered
as aforesaid by guerrillas at Centralia, Missouri, in eight-
een hundred and sixty-four.

Approved, March 3, 1875.

AN ACT to rej;ulate the issue of artificial liinb* to disabled boldiers,
seamen, and others.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled. That soe sees. 4787,

4788 4789 4790

every ofdcer, soldier, seaman and marine, who, in the line 4791! r. s.'
of duty, in the military or naval service of the United States,
shall hav^e lost a limb, or sustained bodily injuries, depriving
him of the use of any of his limbs, shall receive once every
five years an artificial limb or appliance, or commutation
therefor, as provided and limited by existing laws, under
such regulations as the Surgeon-General of the Army may
prescribe 5 and the period of five years shall be held to com-
mence with the filing of the first application after the sev-
enteenth day of June, in the year eighteen hundred and
seventy.

Sec. 2. That necessary transportation to have artificial
limbs fitted shall be furnished by the Quartermaster-Gen-
eral of the Army, the cost of which shall be refunded out
of any money appropriated for the purchase of artificial
limbs: Provided, That this act shall not be subject to the
provisions of an act entitled "An act to increase pensions,"
approved June eighteenth, eighteen hundred and seventy-
four.

Approved, August 15, 1876.

AN ACT to perfect the revision of the statute^ of the United States,
and of the statutes relating to the District of Columbia.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That for
the purpose of correcting errors and supplying omissions
in the act entitled '< An act to revise and consolidate the

580 PENSION LAWS.

Statutes of tbe Uoited States in force on the first day of
December, auno Domini on.e tbonsand eijj;bt hundred aud
seventy-tbree," so as lo make tbe same truly express such

laws, the following amendments are hereby made therein:

* • * * * .* #

Section forty-seven hundred and seventy is struck out.
Sea 4770 re- Scctiou forty-scveu hundred and eighty-seven is amended
Sec. 4787by adding at the end of the section the following:

"The provisions of this section shall apply to all officers,
non-commissioned officers, enlisted aud hired men of the
land and naval forces of the United States, who, in the line
of their duty as such, shall have lost limbs or sustained
bodily injuries depriving them of the use of any of their
limbs, to be determined by tbe Surgeon-General of the
Army; and tbe term of five years herein specified shall be
See sees. 4788, b eld to commeuce in each case with tbe filing of the appli-
Ts. *'*^' *^^^' cation for tbe benefits of this section."

Section forty -seven hundred and ninety is amended by
inserting, in the second line, after tbe word "rebellion" tbe
words **or is entitled to tbe benefits of section forty seven
hundred and eighty seven."

Section forty-seven hundred and ninety-one is amended
by adding at tbe eud of the section tbe following:

"The transportation allow^ed for having artificial limbs
fitted shall be furnished by tbe Quartermaster-General of
the Army, the cost of which shall be refunded from the ap-
propriations for invalid pensions."

• *•••••

Approved, February 27, 1877.

. . AN ACT to allow a pension of thirty-six dollars per month to soldiers

who have lost both an arm and a leg.

Be it enacted by the Senate and House of Representatives of
See 8eo8.^4(»7, *^^ United States of America, in Congress assembled^ That all
4688, R. 8. persons who, while in tbe military or naval service of the

United States, and in tbe line of duty, shall have lost one
hand and one foot, or been totally and permanently disabled
in both, shall be entitled to a pension for each of such dis-
abilities, and at such a rate as is provided for by the provis-
ions of tbe existing laws for each disability: Provided^ That
this act shall not be so construed as to reduce pensions in
any case.

Approved, February 28, 1877.

PKNSION LAWS. 581

AN ACT equalizing pensions of certain oflacers in the Navy.

Be it enacted by the Senate and House of Representatives of see sec. 4695,
the United States of America in Congress assembled , That from ^'^'
and ai'ter the passage of this act, the pension for total dis-
ability' of passed assistant engineers, assistant engineers,
and cadet engineers in the naval service, respectively, shall
be the same as the pensions allowed to of&cers of the line in
the naval service with whom they have relative rank ; and
that all acts or parts of acts inconsistent herewith be, and
are hereby, repealed.

Approved, March 3, 1877.

AN ACT amending the pension-law so as to remove the disability of
those who, having participated in the rebellion, have, since its termi-
nation, enlisted in the Army of the United States, and become dis-
abled.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the r^|® *®°* *^^®'
law prohibiting the payment of any money on account of
pensions to any person, or to the widow, children, or heirs
of any deceased person, who, in any manner, engaged in or
aided or abetted the late rebellion against the authority of
the United States, shall not be construed to apply to such
persons as afterward voluntarily enlisted in the Army of the
United States, and who, while in such service, incurred dis-
ability from a wound or injury received or disease contracted
in the line of duty.

Approved, March 3, 1877.

[Not held to apply to Navy cases.]

AN ACT to amend section 4778 of the Revised Statutes.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled. That
whenever during a session of the Senate a vacancy shall
occur in the office of Pension Agent, by reason of resigna-
tion, death, removal or expiration of the term of office, or
where any such agent lawfully appointed shall have failed
to qualify and assume the duties of suth office, the Presi-
dent may when the public exigency requires it, designate
any officer of the United States to perform tlic duties of
such office, but such designation shall not be for a longer
time than twenty days, and such officer so designated shall
give bonds if required by the President for the faithful dis-
charge ot the said duti«s and the Secretary of the Interior

682 PENSION LAWS.

shall allow in the settlement of the accounts of such officer,
the necessary expenses incurred by him in the discharge of
his duties under this act. The foregoing provisions shall
apply to auy vacancy uow existing
Approved, March 8, 1878.

AN ACT amendiug the laws grautiDg pensions to the soldiers and mil-
ore of the war of eighteen hnndred and twelve, and their widows, juid
for other pnrposes.

Be it enacted hy the Senate and House of Representatives of
See sees. 4736 to f 7,^ JJnited States of America in Connress assembled ^Tlmt the

4740, iuclusive. , V . , , , . , , , • ,

Secretary of the Interior be, and he is hereby, authorized
and directed to place on the pension roll the names of the
surviving officers and enlisted and drafted men, without
regard to color, including militia and volunteers, of the
military and naval service of the United States who served
for fourteen days in the war with Great Britain of eighteen
hundred and twelve, or who were in any engagement and
were honorably discharged, and the surviving widows of
such officers and enlisted and drafted men.

Sec. 2. That this act shall not apply to any person who
is receiving a pension at the rate of eight doHars per month
or more, nor to any person receiving a pension of less than
eight dollars per month, except for the difference between
the pension now received (if less than eight dollars jjcr
month) and eight dollars per month. Pensions under this
act shall be at the rate of eight dollars perlnonth, excH?pt as
herein provided, and shall be paid to the i)ersons entitled
thereto, from and after the passage of this act, for and dur-
ing their natural lives: Provided, That the pensions to wid-
ows provided for in this act shall cease when they shall
marry again.

Sec. 3. That before the. name of any person shall be
placed upon the pension-rolls under this act proof shall be
made, under such rules and regulations as the Commissioner
of Pensions, with the approval of the Secretary of the In-
terior, shall prescribe, that the ai)plicant is entitled to a
pension under this act; and any person who shall falsely
take any oath required to be taken under the provisions of
this act shall be guilty of perjury; and the Secretary of the
Interior shall cause to be stricken from the rolls the name
of any person when it shjill a])pear, by i)roof satisfactory to
him, that sucli name was put on said rolls by or through
false or fraudulent representations, or by mistake as to the
yight of such person to a pension under this act. The loss

PENSION LAWS. 583

or lack of a certificate of discharge shall not deprive the ap-
plicant of the benefit of this act, but other proof of the serv-
ice i)erfornied and of an honorable discharge, if satisfactory,
shall be deemed sufiicient ; and when there is no record evi-
dence of such servic^e and such discharge, the applicant may
establish the same by other satisfactory testimony : Pro-
vided, That when any person has been granted aland-war-
rant, under any act of Congress, for and on account of serv-
ice in the said war of eighteen hundred and twelve, such
grant shall he prima/acie ewideuce of his service and honor-
able discharge, so as to entitle him, if living, or his widow
if he be dead, to a pension under this act; but such evidence
shall not be conclusive, and may* be rebutted by evidence
that such land-warrant was improperly granted.

Sec. 4. That all applications for pensions of the classes
provided for in this act heretofore or which may hereafter
be made shall be considered and decided as though made
under this act ; and all laws now in force in regard to the
manner of paying pensions, and in reference to the punish-
ment of frauds, shall be applicable to all claims under the
provisions of this act.

Sec. 5. That the Secretary of the Interior be, and he is
hereby, authorized and directed to restore to the pension-
rolls the names of all persons now surviving heretofore pen-
sioned on account of service in the war of eighteen hun-
dred and twelve against Great Britain or for service in any
of the Indian wars, and whose names were stricken from
^he rolls in pursuance of the act entitled "An act author-
izing the Secretary of the Interior to strike from the pen-
sion-rolls the names of such persons as have taken up arms
against the Government or who have in any manner encou-
raged the rebels," approved February fourth, eighteen hun-
dred and sixty two; and that the joint resolution entitled
''Joint resolution prohibiting payment by any officer of the
government to any person not known to have been opposed
to the rebellion and in favor of its suppression,*' approved
March second, eighteen hundred and sixty-seven, and sec-
tion forty seven hundred and sixteen of the Kevised Stat-
utes of the United States, shall not applj' to the persons
provided for by this act: Provided^ That no money shall be
paid to any one on account of pensions for the time during
which his name remained stricken from the rolls.

Sec. 6. That the surviving widow of any pensioner of the
war of eighteen hundred and twelve, where the name of said
pensioner was stricken from the pension-rolls in pursuance
of the act entitled " An act authorizing the Secretary of the

584 PEM610X LAWS.

Interior to strike from the peusiou-rolls the names of such
persons as have taken up arms against the goverumeut or
who have in any manner encouraged the rebels,^' approved
February fourth, eighteen hundred and sixty two, and
where, under the existing provisions of law, said pensioner
died without his name being restored to the rolls, shall be
entitled to make claim for a pension as such widow after
the passage of this act : Provided^ That no such arrearages
shall be paid for any period prior to the time of the removal
of the disability of the pensioner, as provided in section
five: And provided further, That under this act any widow
of a revolutionary soldier who served for fourteen days or
was in any engagement shall be placed on the pension-rolls
of the United States and recei ve a pension at the rate of
eight dollars per month.

Sec. 7. That all laws and clauses of laws in conflict with
this act be, and they are hereby, repealed.

Approved, March 9, 1878.

AN ACT making appropriatioDS for the payment of invalid and other
pensioners of the United States for the year ending June thirtieth,
eighteen hundred and seventy-nine.

That from and after July first, eighteen hundred and sev-
enty-eight, agents for the payment of pensions shall, in lieu
of the percentage, fees, pay, and allowances now provided
by law, be allowed and paid the following compensation
for their services, postage on vouchers and checks sent to
pensioners, and all the expenses of their offices :

First. A salary at the rate of four thousand dollars per
annum.

Second. Fifteen dollars for each one hundred vouchers, or
at that rate for a fraction of one hundred prepared and paid
by any agent in excess of four thousand vouchers per annum.

Third. Actual and necessary expenses for rent, fuel, and
lights, and for postage on official matter directed to the
departments and bureaus at Washington, to be approved by
the Secretary of the Interior. And the sum of two hundred
and sixteen thousand dollars, or so much thereof as may be
necessary, is hereby appropriated to pay the salaries, fees,
allowances, and expenses aforesaid to said pension agents.

And all acts and parts of acts inconsistent with this act
are hereby re7)ealed.

Approved, June 14, 1878,

PEN8I0^^ LAWS. 585

AN ACT to increase the pension of certain pensioned soldiers and sail-
ors who have lost both their hands or both their feet or the sight of
both eyes in the service of the country.

Whereas, it is apparent that the present pension paid to
soldiers and sailors who have lost both their hands or both
their feet in the service of the country is greatly inadequate
to the support of such as have families : Therefore,

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled^ That on see sees. 4697,
and after the passage of this act, all soldiers and sailors who see amendment

' act 3 Mar., 1879.

have lost either both their hands or both their feet or the seeactiejune,

1880

sight of both eyes in the service of the United States, shall
receive, in lieu of all pensions now paid them bj^ the Gov-
ernment of the United States, and there shall be paid to
them, in the same manner as pensions are now paid to such
persons, the sum of seventy-two dollars per month.
Approved, June 17, 1878.

AN ACT to amend section forty- six hundred and ninety-five of the Re-
vised Statutes of the United States.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assernbledj That from See sec 4095.
and after July sixteenth, eighteen hundred and sixty-two,
pensions granted to lieutenant-commanders in the Navy for
disability, or on account of their death, shall be the same as
theretofore provided for lieutenants-commanding.

Approved, June 18, 1878.

AN ACT relating to claim agents and attorneys in pension cases.

Be it ermcted by the Senate and House of Representatives of
the United States of America in Congress assembled, It shall
be unlawful for any attorney, agent, or other person to de-
mand or receive for his services in a pension case a greater
sum than ten dollars. No fee contract shall hereafter be
filed with the Commissioner of Pensions in any case. In
pending cases in which a fee contract has heretofore been
filed, if the pension shall be allowed, tbe Commissioner of
Pensions shall approve the same as to tbe amount of the
fee to be paid at the amount specified in tbe contract. Sec-
tions forty-seven hundred and sixty-eight, forty-seven hun-
dred and sixty-nine, and forty-seven hundred and eighty-six
of the Revised Statutes shall not apply to any case or claim
hereaUer filed, nor to any pending claim in wbi(;h the claim-

^8G PENSION LAWS.

ant bas not beeu represented by an anient or attorney prior
' to the passage of this aet.

Sec. 2. Section forty-seven hundred and eighty-five of
Sec 4785, R. s.. the Revlsed Statutes is hereby repealed.

repealed. , _ ./ x

Approved, June 20, 1878.

AN ACT to provide that all pensi ons on account of death, or wounds
received, or disease contracted in the service of the United States
during the late war of the rebellion^ which have been granted, oi*
which shall hereafter be granted, shall commence from the date of
death or discharge from the service of the United States, for the pay-
ment of arrears of pensions, and other pnri)08es.

Beit enacted hy the Senate and House of Representatives of
-&!%. ***^' ^^^"' ^^^^ United States of America in Congress assembled^ That all
pensions which have been granted under the general laws
regulating pensions, or may hereafter be granted, in conse-
quence of death from a cause which originated in the United
States service during the continuance of the late war of the
rebellion, or in consequence of wounds, injuries, or disease
received or contracted in said service during said war of the
rebellion, shall commence from the date of the death or dis-
charge from said service of the person on whose account the
claim has been or shall hereafter be granted, or from the
termination of the right of the party having prior title to
such pension : Provided^ The rate of pension for the inter-
vening time for which arrears of ])ension are hereby granted
shall be the same per month for which the pension was
originally granted.

Sec. 2. That the Commissioner of Pensions is hereby
authorized and directed to adopt such rules and regulations
for the payment of the arrears of i)ensions hereby granted
as will be necessary to cause to be paid to such pensioner,
or, if the pensioner shall have^ died, to the person or per-
sons entitled to the same, all such arrears of pension as the
pensioner may be, or would have been, entitled to under
this act.
Sec47i7, K.S., Sec. 3. That scctiou forty-sevcu hundred and seventeen
repealed. ^^ ^^^^ Reviscd Statutcs of the United States, which pro-

vides that " no claim for pension not prosecuted to a suc-
cessful issue within five years from the date of filing the
same shall be admitted without record evidence from tve
War or Navy Department of the injury or the disease which
resulted in the disability or death of the person on whose
account the claim is made : Provided^ That in any case in
which the limitation prescribed by this section bars the

PENSION LAWS. 587

furMier prosecution of the claim, the claimant may present,
through the Pension Office, to the Adjutant-General of the
Army or the Surgeon-General of the Navy, evidence that
the disease or injury which resulted in the disability or
death of the person on whose account the claim is made
originated in the service and in the line of duty ; and if
such evidence is deemed satisfactory by the officer to whom
it may be submitted, he shall cause a record of the fact so
proved to be made, and a copy of the same to be transmitted,
to the Commissioner of Pensions, ttnd the bar to the prose-
cution of the claims shall thereby be removed," be, and the
same is hereby, repealed.

Sec. 4. No claim-agent or other person shall be entitled see aecs^4768,
to receive any compensation for services in making applica-
tion for arrears of pension.

Sec. 5. That all acts or parts of acts so far as they may
conflict with the provisions of this act be, and the same are
hereby, repealed.

Approved, January 25, 1879.

, 4786, R. S.

AN ACT relating to soldiers while iu the civil service of the United

States.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled , That all Seo sec i, act 3
persons who, under and by virtue of the lirst section of the sect's, act e June,
act entitled ^'An act supplementary to the several acts re- 4724; ks!^ ^^^'
lating to ])ensions," approved March third, eighteen hun-
dred and sixty-five, were deprived of their pensions during
any portion of the time from the third of March, eighteen
hundred and sixty-five, to the sixth of June, eighteen hun-
dred and sixty-six, by reason of their being in the civil serv-
ice of the United States, shall be paid their said pensions,
withheld by virtues of said section of the act aforesaid, for
and during the said period of time from the third of March,
eighteen hundred and sixty-five, to the sixth of June, eight-
een hundred and sixty-six.

Approved, March 1, 1879.

AN ACT making appropriations for the payment of the arrears of pen-
sions.

That the rate at which the arrears of invalid pensions
shall be allowed and computed in the cases which have been
or shall hereafter be allowed, shall be graded according to

588 PENSION LAWS.

th© degree of the peusiouer'n disability fiom time to time,
and the provisions of the pension laws in force over the
period for which the arrears shall be computed.

That section one of the act of January twenty-fifth, eight-
een hundred and seventy-nine, granting arrears of pensions,
shall be construed to extend to and include pensions on ac
count of soldiers who were enlisted or drafted for the serv-
ice in the war of the rebellion, but died or incurred dis-
ability from a cause originating after the cessation of hos
tilities, and before being mustered out: Provided,, That in
no case shall arrears of pensions be allowed and paid from
a time prior to the date of actual disability.

Sec. 2. All pensions which have been, or which may
hereafter be, granted in consequence of death occurring
from a cause which originated in the service since the
fourth day of March, eighteen hundred and sixty -one, or in
consequence of wounds or injuries received, or'disease con-
tracted since that date, shall commence from the death or
discharge of the person on w^hose account the claim has
been or is hereafter granted, if the disability occurred prior
to discharge ; and if such disability occurred after the dis-
charge, then from the date of actual disability, or from the
termination of the right of party having prior title to such
pension: Provided, The application for such pension has
been or is hereafter filed with the Commissioner of Pensions
prior to the first day of July, eighteen hundred and eigliiy,
otherwise the pension shall commence from the date of tiling
the application ; but the limitation herein prescribed shall
not apply to claims by or in b,ehalf of insane persons tmd
children under sixteen years of age.

Sec. 3. Section forty seven hundred and nine of the Ko-
vised Statutes is hereby repealed.

Approved March 3, 1879.

AN ACT for the relief of soldiers and sailors becoming totally blind
in the service of the country.

Be it enacted hy the Senate and Honse of Representativeit of
Se«acti7June, the United States of America in Congrcsti assembled, That the
seesecB. 4697, act of Juuc Seventeenth, eighteen hundred and seventy-
*^s«Ie^fi6june, eight, entitled *^An act to increase the pensions of certain
^^^' soldiers and sailors who have lost both their hands or both

their feet, or the sight of both eyes, in the service of the
country," be so construed as to include all soldiers and sail-
ors who have become totally blind from causes occurring
in the service of the United States.
Approved, March 3, 1879.

PENSION LAWS. 589

AN ACT ibi the relief of certain pensioners.
Be it enacted by the Senate and House of Representatives of

4€98. B. S.

the United States of America in Congress assembled, That all See %wm. 4697,

pensiouers now on the pension -rolls, or who may hereafter
be placed thereon, for amputation of either leg at the hip
joint, shall receive a pension at the rate of thirty-seven dol-
lars and fifty cents per month from the date of the approval
of this act.
Approved, March 3, 1879.

AN ACT making appropriations for the legislative, executive, and ju-
dicial expenses of the government for the fiscal year ending June
thirtieth, eighteen hundred and eighty, and for other purposes.

Sec. 3. That sections forty-seven hundred and seventy- 8608.4771,4772,
one, forty-seven hundred and seventy-two, and forty-seven *^^^' ^®p^^
hundred and seventy-three of the Eevised Statutes of the
United States, providing for biennial examinations of pen-
sioners, are hereby repealed : Provided, That the Commis-
sioner of Pensions shall have the same power as heretofore
to order special examinations, whenever, in his judgment,
the same may be necessary, and to increase or reduce the
pension according to right and justice; but in no case shall
a pension be withdrawn or reduced except upon notice to
the pensioner and a hearing upon sworn testimony, except
as to the certificate of the examining surgeon. * • •

Approved, June 21, 1879.

Chap. 166. — AN ACT to restore pensions in certain cases.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That sec. Se«»M.47i2.
tion three of an act entitled "An act increasing the pensions
of widows and orphans, and for other purposes," approved
July twenty-fifth, eighteen hundred and sixty-six, and sec-
tion thirteen of an act entitled "An act relating to pensions,'^
approved July twenty -seventh, eighteen hundred and sixty-
eight, and section forty- seven hundred and twelve of the
Revised Statutes, shall not operate to reduce the rate of any
pension which had actually been allowed to the commis-
sioned, noncommissioned, or petty ofl&cers of the Navy or
their widows, or minor children, prior to July twenty-fifth^
eighteen hundred and sixty- six; and the Secretary of the
Interior is hereby directed to restore all such pensions as

590 PENSION LAWS.

have already been so reduced to the rate originally granted
and allowed, to take effect from the date of such reduction.
Approved, June 9, 1880.

Chap. 236. — AN ACT to increase the pensioiiH of certaiu pensioned sol-
diers and sailors who are utterly helpless from injuries received or
disease contracted while iu the United States service.

Be it enacted hy the ^Senate and House of Represe7itatives of
Se« 8^. 4697, the United States of America in Congress assembled. That all
soldiers and sailors who are now receiving a pension of fifty
dollars per month, under the provisions of an act entitled
"An act to increase the x)ension of soldiers and sailors who
have been totally disabled," approved Juneeighteenth, eight-
een hundred and seventy-four, shall receive, in lieu of all
pensions now paid them by the Government of the United
States, and there shall be paid them in the same manner as
pensions are now paid to such persons, the sum of seventy-
two dollars pei? month,
seeactis June, Sec. 2. All pensioners whose pensions shall be increased
1879! it 17 junei by the provislous of this act from fifty dollars per month to
^^^^ seventy-two dollars per month shall be paid the difference

between said sums monthly, from June seventeenth, eighteen
hundred and seventy-eight, to the time of the taking effect
of this act.

Approved, June 16, 1880.

AN ACT making appropriations for the payment of invalid and other
pensions of the United States for the fiscal year ending June thirtieth,
eighteen hundred and eighty-two, and for deficiencies and for other
purposes.

Regulating Sec. 2. All pcusions i^ayable, or to be paid under this act,
sions to inmates to peusioucrs who are inmates of the National Home for
diers'Homo. " Disabled Volunteer Soldiers, shall be paid to the treasurer
or treasurers of said home, upon security given to the satis-
faction of the managers, to be disbursed for the benefit of
the pensioners without deduction for fines or penalties under
regulations to be established by the managers of the Home;
said payment to be made by the pension agent upon a cer-
tificate of the proper officer of the Home that the pensioner
is an inmate thereof and is still living. Any balance of the
pension which may remain at the date of the pensioner\s
discharge shall be paid over to him; and in case of his death
at the Home, the same shall be paid to the widow, or chil
dren, cr in default of either to his legal representatives.
Approved, February 26, 1881.

PENSION LAWS. 591

AN ACT for the relief of citizens of Montana wlio served with the
United States troops in the war with the Nez Perces, and for the
relief of the heirs of such as were Mlled in such service.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That
cacli volunteer who joined the forces of tlie United States,
in the Territory of Montana, during the war with the Nez
Perce Indians, shall be paid one dollar per d;iy during the
tern) of such service, from the time that he left his home
until he was returned thereto, including all the time spent ^
in hospital under treatment by such as receivi d wounds or
other injuries in such service.

Sec. 2. That all persons who were wounded or disabled
in such service, and the heirs of all who were killed in such
service, shall be entitled to all the benefits of the pension
laws, in the same -manner and to the same extent as if they
had been duly mustered into the regular or volunteer forces
of the United States.

Sec. 3. That all horses and arms lost in such service
shall be paid for at their actual value, to be duly ascer-
tained by the commanding officer of the district of Montana :
Provided, That no payment shall be made for such losses
except upon the statement of the commanding officer of
the United States troops, or such other officer of the Regu-
lar Army as might be in control of the volunteers at the
time of such loss, and such other proofs as may be required
by the commanding officer and the United States quarter-
master for the district of Montana, to establish the fact that
such losses were made in the service of the United States.

Approved March 3, 1881.

AN ACT making appropriations for the payment of invalid and other
pensioners of the United States for the year ending Juno thirtieth,
eighteen hundred and eighty-two.

* # ^ ♦ # « # . #

That section forty-seven hundred and forty-four, title
fifty-seven of the Revised Statutes of the United States is
hereby amended to read as follows :

" Sec. 4744. The Commissioner of Pensions is author-
ized to detail from time to time clerks or persons employed
in his office to make special examinations into the merits of
such pension or bounty-land claims, whether pending or
adjudicated, as he may deem proper, and to aid in the pros-
ecution of any party appearing on such examinations to be
guilty of fraud, either in the presentation or in procuring the

592 PENSION LAWS,

allowance of such claims ; and any person so detailed shall
have power to administer oaths and take affidavits and depo
sitious in the course of such examinations, and to orally ex
amine witnesses, and may employ a stenographer, when
deemed necessary by the Commissioner of Pensions, in im-
portant cases, such stenographer to be paid by such clerk
or person, and the amount so paid to be allowed in his ac-
counts."
Sec. 3. " That in addition to the authority conferred by
^ section one hundred and eighty -four, title four of the Re-
vised Statutes, any judge or clerk of any court of the United
States in any State, District, or Territory shall have power,
upon the application of the Commissioner of Pensions, to
issue^a subpoena for a witness, being within the jurisdiction
of such court, to appear, at a time and place in the subpoena
stated, before any officer authorized to take depositions to
be used in the courts of the United States, or before any
officer, clerk, or person from the Pension Bureau designated
or detailed to investigate or examine into the merits of any
pension claim and authorized by law^ to administer oaths
and take affidavits in such investigation or examination,
there to give full and true answers to such written inter-
rogatories and cross-interrogatories as may be propounded,
or to be orally examined and cross-examined upon the sub-
ject of such claim ; and witnesses subpoenaed pursuant to
this and the preceding section shall be allowed the same
compensation as is allowed witnesses in the courts of the
United States, and paid in the same manner.''

Sec. 4. That the Commissioner of Pensions is hereby
authorized to appoint surgeons who, under his control and
direction shall make such examination of pensioners and
claimants for pension or increased pension as he shall re-
quire ; and he shall organize boards of surgeons, to con-
sist of three members each, at such points in each State as
he shall deem necessary, and all examinations, so far as
practicable, shall be made by the boards, and no examina-
tion shall be made by one surgeon excepting under such
circumstances as make it impracticable for a claimant to
present himself before a board : Provided, That the Com-
missioner may, when in his opinion the exigencies of the
service require it, organize a board of three surgeons who,
under his direction, shall review the work of any regularly-
appointed board or surgeon : Provided further, That all ex-
aminations shall be thorough and searching, and the cer-
tificate contain a full description of the physical condition
of the claimant at the time, which shall include all the

t>tosioN LAWS. 593

j)bysicai and rational signs and a statement of all struct-
ural changes. The fee for each examination, and satisfac-
tory certificate thereof, shall be two dollars to each member
when made by a board, and two dollars when made by one
surgeon : Provided^ That when a claimant is so disabled as
not to be able to present himself to a board of surgeons for
examination, the Commissioner may order a surgeon to make
the examination at the claimant's residence ; and the fee for
such examination shall be two dollars, in addition to the pay-
ment of the actual traveling expenses of the surgeon : Pro-
vided further , That no fee shall be allowed or paid to any
member of such board of examining surgeons who does not
actually participate in such examination and sign the cer-
tificate thereof.

The Commissioner may, when in his judgment the degree
of disability cannot be determined truthfully or satisfac-
torily excepting by expert examination, employ an expert,
not a regularly appointed surgeon, to make the examina-
tion ', and the fee for such examination shall be five dollars:
Provided^ That the fee for an expert examination shall not
be paid to any regularly-appointed examining surgeon.

The fee of the examination of claimants who reside out
of the United States shall not exceed ten dollars, which
shall be paid, upon the presentation of satisfactory vouchers,
out of the appropriation for the payment of the examining
surgeons, and through the United States consulate nearest
to the claimant's place of residence.

Sec. 5. That no person who is now receiving or shall
hereafter receive a pension under a special act shall be
entitled to receive in addition thereto a pension under the
general law, unless the special act expressly states that the
pension granted thereby is in addition to the pension which
said person is entitled to receive under the general law.

Approved, July 25, 1882.

AN ACT to amend section forty-seven hundred and two, title fifty-
seven, Revised Statutes of the United States, and for other purposes.

Be it enacted by the Senate and House of Bepresentatives of
the United States of America in Congress assemMed, That
section forty-seven hundred and two, title fifty-seven of the
Revised Statutes of the United States is hereby amended
so as to read as follows :

''Sec. 4702. If any person embraced within the pro-
visions of sections forty-six hundred and ninety-two and
forty-six hundred and ninety-three, has died since the fourth
7018 PEN 38

594 PENSION LAWS.

day of March, eighteen hundred and sixty-one, or here-
after dies, by reason of any wound, iTijnry, or disease which
under the conditions and limitations of such sections would
have entitled him to an invalid pension had he been dis-
abled, his widow, or if there be no widow, or in the case of
her death without payment to her of any part of the pension
hereinafter mentioned, his child, or children under sixteen
years of age, shall be entitled to receive the same pension
as the husband or father would have been entitled to had
he been totally disabled, to commence from the death of
the husband or father, to continue to the widow during her
widowhood, and to his child or children until they severally
attain the age of sixteen years, and no longer; and if the
widov^ remarry, the child or children shall be entitled from
the date of remarriage, except when such widow has con-
tinued to draw the pension money after her remarriage, in
contravention of law, and such child or children have re-
sided with and been supported by her, their pension will
commence at the date to which the widow was last paid."

Sec. 2. That marriages, except such as are mentioned in
section forty -seven hundred and five of the Revised Statutes
shall be proven in pension cases to be legal marriages accord-
ing to the law of the place where the parties resided at the
time of marriage or at the time when the right to pension ac
crued ; and the open and notorious adulterous cohabitation
of a widow who is a pensioner shall operate to terminate her
pension from the commencement ef such cohabitation.

Approved, August 7, 1882.

AN ACT making appropriations for sundry civil expenses of the gov-
ernment for the fiscal year ending June thirtieth, eighteen hundred
and eighty-three, and for other purposes.

« • # * • * •

Pensions, &c., " That all pcnsious and arrears of pensions payable or to

duo inmates of , . . . . , , • j. j

National Home to be paid to pensioners who are or may become inmates of
irefs! &^ *'^*''^' the National Home for Disabled Volunteer Soldiers, shall
be paid to the treasurers of said Home, to be applied by such
treasurers as provided by law, under the rules and regula-
tions of said Home. Said payments shall be made by the
pension agent upon a certificate of the proper officer of the
Home that the pensioner is an inmate thereof on the day to
which said pension is drawn. The treasurers of said Home,
respectively, shall give security, to the satisfaction of the
managers of said Home, for the payment and application by
them of all arrears of pension and pensioh moneys they

21 Stat.. 850.

PENSION LAWS. 595

may receive under the aforesaid provision. And section
two of the act entitled ^Au act making appropriations for
the payment of invalid and other pensions of the United
States for the fiscal year ending June thirtieth, eighteen
hundred and eighty- two, and for deficiencies, and for other
purposes,' approved February twenty-sixth, eighteen hun-
dred and eighty-one, is hereby revived and continued in
force."

Approved August 7, 1882.

AN ACT to relieve certain soldiers of the late war from the charge of

desertion.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
charge of desertion now standing on the rolls and records
in the Office of the Adjutant- General of the United States
against any soldier who served in the late war in the vol-
unteer service shall be removed in all cases where it shall
be made to appear to the satisfaction of the Secretary of
War, from such rolls or records, or from other satisfactory
testimony, that any such soldier served faithfully until the
expiration of his term of enlistment, or until the twenty-
second day of May, anno Domini eighteen hundred and
sixty- five, or was prevented from completing his term of
service by reason of wounds received or disease contracted
in the line of duty, but who, by reason of absence from his
command at the time the same was mustered out, failed to
be mustered out and to receive an honorable discharge.

Sec. 2. That the charge of desertion standing on the rolls
and records in the Office of the Adjutant General of the
United States against any soldier who served in the late
war in the volunteer service shall also be removed in all
cases where it shall be made to appear to the satisfaction of
the Secretary of War, from such rolls and records, or from
other satisfactory testimony, that such soldier charged with
desertion or with absence without leave did not intend to
desert, and after such charge of desertion or absence with-
out leave voluntarily returned to his command and served
in the line of his duty until he was mustered out of the serv-
ice and receiv(id a certificate of honorable discharge.

Sec. 3. That in all cases where the charge of desertion
shall be removed under the provisions of this act from the
record of any soldier who has not received a certificate of
discharge, it shall be the duty of the Adjutant-General of

596 J^ENStON LAWS.

the Uuited States to issue to such soldier, or, in case of his
death, to his heirs or legal representatives, a certificate of
discharge.

Sec. 4. That when the charge of desertion shall be re-
moved under the provisions of this act from tlie record of
any soldier, such soldier, or in case of his death, the heirs
or legal representatives of such soldier, shall receive all paj^
and bounty which may have been withheld on account of
sucb charge of desertion or absence without leave: Provided,
Jiowever, That this act shall not be so construed as to give
to any such soldier as may be entitled to relief under the
provisions of this act, or, in the case of his death, to the
heirs or legal representatives of any such soldier, the right
' to receive pay and bounty for any period of time during
which such soldier was absent from his command without
leave of absence : And provided further, That no soldier nor
the heirs nor legal representatives of any soldier, who served
in the Army a period of less than twelve months, or who
intentionally deserted shall be entitled to the benefit of the
provisions of this act.

Sec. 5. That all acts and parts of acts inconsistent with
the provisions of this act are hereby repealed.

Approved, August 7, 1882.

AN ACT to amend section forty-seven hundred and sixty-six, title fifty-
seven, of the Revised Statutes of the United States.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That sec-
tion forty- seven hundred and sixty- six, title fifty-seven, of
the Revised Statutes of the United States is hereby amended
to read as follows :

" Sec. 4766. Hereafter no pension shall be paid to any
person other than the x)ensioner entitled thereto, nor other-
wise than according to the provisions of this title ; and no
warrant, power of attorney, or other paper executed or pur-
porting to be executed by any pensioner to any attorney,
claim agent, broker, or other persons shall be recognized by
any agent for the payment of pensions, nor shall any ])en-
sion be paid thereon ; but the payment to persons laboring
under legal disabilities may be made to the guardians of
such persons in the manner herein prescribed, and pensions
payable to persons in foreign countries may be made accord-
ing to the provisions of existing laws : Provided, That in

PENSION LAWS. 697

case of an insaoe invalid pensioner having no guardian, but
having a wife or children dependent upon him (the wife
being a woman of good character), the Commissioner of
Pensions is hereby authorized, in his discretion, to cause
the pension to be paid to the wife, upon her properly-exe-
cuted voucher, or in case there is no wife, to the guardian
of the children, upon the properly-executed voucher of such
guardian, and in like manuer to cause the pension of invalid
pensioners who are or may hereafter be imprisoned as pun.
ishment for offenses against the laws to be paid while so
imprisoned to their wives' or the guardians of their children-
And pensions to Indian pensioners residing in the Indian
Territory may be paid in person by the pension agent, upon
a suitable voucher, at some convenient point in said Terri-
tory, which, together with the form and manner of identifi-
cation of the pe^isioners, may be prescribed by the Secretary
of the Interior J such payments to be made in standard
silver, at least once in each current year. And payments
in person shall be made to the pensioner, in cash, by the
pension agent whenever in the discretion of the Commis-
sioner of Pensions such personal payment shall be by him
deemed necessary or proper to secure to the pensioner his
rights 5 and the necessary and actual expenses of such pen-
sion agent in making such payments shall be paid b^* the
Secretary of the Interior upon properly-executed vouchers,
out of the contingent fund appropriated for the use of the
Pension Ofi&ce. The Commissioner of Pensions may, when
in his judgment it shall be deemed necessary or proper, visit
in person, for the purpose of examination and ins])ection,or
may send any one or more of the officers of his bureau for
that purjiose, any of the pension agencies or medical exam-
ining boards or surgeons; and the necessary and actual ex-
penses of such visits shall be paid by the Secretary of the
Interior, upon properly executed vouchers, out of the con-
tingent fund of said bureau.
Approved, August 8, 1882.

AN ACT making appropriations for the legislative, executive, and judi-
cial, expenses of the government for the fiscal year ending June
thirtieth, eighteen hundred and eighty- three, and for other purposes.

For the compensation of the Commissioner of Pensions
five thousand dollars ; first deputy commissioner, three thou-

598 . PENSION LAWS.

saud six hundred dollars; second deputy commissioner,
three thousand six huiulrod dollars; chief clerk, two thou-
sand five hundred dollars; assistant chief clerk, two thou-
sand dollars ; medical referee, ^o thousand five hundred
dollars; assistant medical referee, two thousand two hun
dred and fifty dollars; four qualified surgeons, who shall
be experts in their profession, at two thousand dolUirs i ach ;
fifteen medical examiners, who shall be surgeons of edu
cation, skill and experience in their profession, at one
thousand eight hundred dollars each ; twelve chiefs of di-
vision, at two thousand dollars each ; law clerk, two thou-
sand dollars; thirty-five principal examiners for review
board, at two thousand dollars each ; twenty-four assistant
chiefs of division, at one thousand eight hundred dollars^
each ; sixty-five clerks of class four ; ninety-five clerks of
cliass three ; three hundred and ninety clerks of class two ;
three hundred and ninety-eight clerks of class one ; two
hundred and fifty clerks, at one thousand dollars each ; one
superintendent of buildings, one thousand four hundred
dollars ; two engineers, at one thousand two hundred dol-
lars each; one hundred and fifty copyists at nine hundred
dollars each; forty copyists at seven hundred and twenty
dollars each; twenty messengers; twenty five watchmen;
and twenty-five laborers ; in all, one million nine hundred
and fifty-seven thousand one hundred and fifty dollars.

For per diem, when absent from home on duty, for trav-
eling examiners, in lieu of expenses of subsistence, not ex-
ceeding three dollars per day, and for actual and necessary
expenses for transportation, three hundred thousand dol-
lars. And the provisions of section fifty -four hundred and
eighty-five of the Kevised Statutes shall be applicable to
any person who shall violate the provisions of an act en-
titled ^' An act relating to claim agents and attorneys in
pension cases," approved June twentieth eighteen hundred
and seventy- eight. That the duties of first and second
deputy commissioners shall be such as are now fixed by law
for the deputy commissioner of pensions; and in case of
death, resignation, absence, or sickness of the Commis-
sioner his duties shall devolve upon the first deputy com-
missioner until his successor is appointed, or such absence
or sickness ceases,^and in case of the like absence of the
Commissioner and first deputy commissioner, the second
deputy commissioner shall act as Commissioner in like
manner.

PENSION LAWS. 599

Chap. 58.— AN ACT making appropriations for the payment of invalid
and other pensions of the United States for the fiscal year ending
,Jnne thirtieth, eighteen hundred and eighty-four, and for other pur-
poses.

Sec. 2. That section forty-seven hundred and forty-five, ^•jf;^^^'^^®^^
title fifty-seven of the Eevised Statutes of the United States
is hereby amended to read as follows :

Sec. 4745. Any pledge, mortgage, sale, assignment, or An.v p'edge^or
transfer of any right, claim, or interest in any pension which Hion void,
has been, or may hereafter be, granted, shall be void and
of no effect, and any person who shall pledge, or receive as
a pledge, mortgage, sale, assignment or transfer of any right,
claim, or interest in any pension, or pension certificate,
which has been, or may hereafter be granted or issued, or
who shall hold the same as collateral security for any debt,
or promise, or upon any pretext of such security, or promise,
shall be guilty of a misdemeanor, and upon conviction Penalties,
thereof shall be fined in a sum not exceeding one hundred
dollars and the costs of the prosecution j and any person
who shall retain the certificate of a pensioner and refuse to
surrender the same upon the demand of tlie Commissioner
of Pensions, or a United States pension agent, or any other
person, authorized by the Commissioner of Pensions, or the
pensioner, to receive the same shall be guilty of a misde-
meanor, and upon conviction thereof shall be fined in a sum
not exceeding one hundred dollars and the costs of the prose-
cution.

Approved, -February 28, 1883.

Chap. 91. — AN ACT to amend the pension laws by increasing the pen-
sions of soldiers and sailors who have lost an arm or leg in the serv-
ice, and for other purposes.

Be it enacted by the Senate and Hoiuse of Representatives of
the United States of America in Congress assembled, That from increase of pen-
and after the passage of this act all persons on the pension- and s^aiiorswbo
roll, and all persons hereafter granted a pension, who, while J?I|g°in*„p?v'i™
in the military or naval service of the United States, and in
the line of duty, shall have lost one hand or one foot, or
been totally or permanently disabled in the same, or other-
wise so disabled as to render their incapacity to perform
manual labor equivalent to the loss of a hand or a foot, shall Equivajont \n
receive a ])ension of twenty-four dollars per mouth ; that all capacity-
persons now on th(» pe)ision-roll. and all persou.s hereafter
granted a pension, who in like manner shall have lost either

600 PENSION LAWS.

Loss of arm an ariu at or above the elbow, or a leg at or above the knee,

above tlbow, or • ° '

leK above t h e or sball have beeu otherwise so disabled as to be incapaci-
tated for performing any manual labor, but not so much as to
require regular personal aid and attendance, shall receive a

Proviso. pension of thirty dollars per month : Provided, That nothing

contained in this act shall be construed to repeal section

E.S. 4699, 915. fortysix hundred and ninety-nine of the Eevised Statutes
of the United States, or to change the rate of eighteen dol-
lars per month therein mentioned to be proportionately di-
vided for any degree of disability established for which sec-
section forty-six hundred and ninety-five makes no pro-
vision.
Approved, March 3, 1883.

Chap. 130. — AN ACT prescribing regulations for the Soldiers' Home
located at .Washington, in the District of Columbia, and for other
purposes

matesTrnome ^^^' ^- "^^^^ ^^J inmate of the Home who is receiving a

Spe "8iii?&^!^^ 1^^°^^^" ^^^'" *^^ government, and who has a child, wife,

or parent living, shall be entitled, by filing with the pension

agent from whom he receives his money a written direction

to that effect, to have his pension, or any part of it, paid to

Pensions, &c., such child, wifc, or parent. The pensions of all who now

treasure?.*' ° are or shall hereafter become inmates of the Home, except

such as shall be assigned as aforesaid, shall be paid to the

treasurer of the Home. The money thus derived shall not

become a part of the funds of the Home, but shall be held

by the treasurer in trust for the i)ensioner to whom "it would

otherwise have been paid, and such part of it as shall not

sooner have been paid to him shall be paid to liim on his

ponsioij paid in discharge froui the institution. The board of commission-

full on discharge *^

of pensioner from ers may froui tinie to time pay over to any inmate such i)art

the Homo. ^ *^ " , ,

of his pension money as they think best for his interest and
consistent with the discipline and good order of the Home,
but such pensioner shall not be entitled to demand or have
the same so long as he remains an inmate of the Home. In
^ Death of pon-oase of the death of any pensioner, any jiension money due
k"aitici'r^*^* ^ ^"^ ^^^ remaining in the hands of the treasurer shall be
paid to his legal heirs, if demand is made within three years;
otherwise the same shall escheat to the Home.

Approved March 3, 1883.

PENSION LAWS. 601

AN ACT making it a felony for a person to falsely and fraudulently as-
sume or pretend to be an officer or employee acting under authority
of the United States or any Department or any officer thereof, and
prescribing a penalty therefor.

Be it enacted by the Senate and House of Bepresentatives of
the United States of America in Congress assembled,, That
every person who, with intent to defraud either the United
States or any person, falsely assumes or pretends to be an
officer or employee acting under the authority of the United
States, or any Department, or any officer of the Government
thereof, and who shall take upon himself to act as such, or
who shall in such pretended character demand or obtain
from any person or from the United States, or any Depart-
ment, or any officer of the Government thereof, any money,
paper, document, or other valuable thing, shall be deemed
guilty of felony, and shall, on conviction thereof, be pun-
ished by a fine of not more than one thousand dollars, or
imprisonment not longer than three years, or both said pun-
ishments, in the discretion of the court.

Approved, April 18, 1884.

Chap. (i8. — AN ACT to provide for the muster and pay of certain offi-
cers and enlisted men of the volunteer forces.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled^ That the ^^ ^*^**' ^^^*
joint resolution approved July eleventh, eighteen hundred
and seventy, entitled "Joint resolution amendatory of joint
resolution for the relief of certain officers of the Army," ap-
proved July twenty-sixth, eighteen hundred and sixty-six,
is hereby so amended and shall be so construed that in all officers to be

*^ considered of the

cases arising under the same any, person who was duly ap- grade named

T .. ■, ■, \ . ..^ therein from date

pointed and commissioned, whether his commission wascomnmsioned,
actually received by him or not, shall be considered as com- ing commission
missioned to the grade therein named from the date when
his commission was actually issued by competent authority,
and shall be entitled to all pay and emoluments as if actu-
ally mustered at such date : Provided, That at the date of
his commission he was actually performing the duties of
the grade to which he was so commissioned, or, if not so per-
foi iniiig such duties, then from such time after the date of
liis commission as he may have actually entered upon such
duties: And j^rovided further, That any person held as a prisoners of

o 1 11 1 i -I ,.war, &c.. in case

prisoner of war, or who may have been absent by reason otof vacancy i n
\vounds or in hospital h} reason of disability received in theSmmissi^n'cd
service in the line of dutj, at the date of his commission, if&c.'

Pravito.

602 PENSION LAWS.

a vacancy existed for him in the grade to which so commis-
sioned, shall be entitled to the same pay and emoluments
as if actually performing the duties of the grade to which
he was commissioned and actually mustered at such date :
Proviso; to av- And provided further. That this act and the resolution here-
wbbre coram is- by amcudcd shall be construed to apply only in those cases

Biou 18 prior to i x ./ ./

jmie2o, 1863, (fee. where the commission bears date prior to June twentieth,

eighteen hundred and sixty-three, or after that date when

their commands were not below the minimum number re-

Proviso. quired by existing laws and regulations : And provided fu?--

ther^ That the pay and allowances actually received shall

be deducted from the sums to be paid under this act.

ut>ii8, &c , to Sec. 2. That the heirs or legal representatives of any offi-

iKiy au.rpensjo"- ccr whosc mustcr into the service has been or shall be

amended hereby shall be entitled to receive the arrears of

pay due such officer, and the pension, if any, authorized by

law, for the grade into which such officer is mustered under

the provisions of this act.

Claims barred Sec. 3. That all claims arising under this act shall be

ree years, p^gg^jj^^^ ^^ g^^^ gl^^j j^ ^j^^ proper Department within three

years from and after the passage hereof, and all such claims
not so presented and filed within said three years shall be
forever barred, and no allowance ever made thereon.
Pay, &c., not to Sec. 4. That the pay and allowances of a rank or grade
reason of defect paid to and rcccivcd by any military or naval officer in good
poiutSent!'" '*^' faith for services actually performed by such officer in such
rank or grade durlag the war of the rebellion shall not be
charged to or recovered back from such officer because of
any defect in the title of such officer to the office, ran4i, or
grade in which such services were so actually performed.
Approved, June 3, 1884.

Chap. 181. — AN ACT making appropriations for the payment of invalid
and other pensions of the United States for the fiscal year ending Juue
thirtieth, eighteen hundred and eighty-five, and for other purposes.

Be it enacted by the Senate and House of Representatives of
Pensions. the United 8tates of America in Congress assembled. That the

Appropriations. „ ,. . i t ^i ' i i. • x i

following sums be, and the same are hereby, appropriated,
out of any money in the Treasury not otherwise appropri
ated, for the payment of pensions for the fiscal year ending
June thirtieth, eighteen hundred and eighty-five, and for
other purposes, namely :
p^skiLr*'^"'^ For Army and ISTavy pensions as follows: For invalids,
widows, minor children, and dependent relatives, and snr
vivors and widows of the war of eighteen hundred and

PENSION LAWS, 603

twelve, twenty million dollars j and any balance of the ap
propriation for the above purposes for the current fiscal year
that may remain unexpended on the thirtieth of June, eight- unexpended

,.,, . -, •-• Ml- baliinco of appio-

een hundred and eighty four, estimated at sixty-six million pi kitionre-appio-
ilolhirs, is hereby reappropriated and made available for the ^^'^ ^' '
service of the year ending June thirtieth, eighteen hundred
and eighty-five : Provided, That the appropriations aforesaid FrovUo: income

^-T . 1 ,1 \ ' ^ ly ^^ ' c ^^ ^^ ^•'^^>' pension

for Navy pensions shall be paid from the income ot the fund to iippi.v to

vr •/•!/. ^1 \ £ct • ^ x: appiopriaiion for

Navy pension fund, so far as the same may be suflicient tor :N^avy pensions,
that purpose: And provided further, That the amount ex- Proviso.
pended under each of the above items shall be accounted
for separately.

For fees and expenses of examining surgeons, five hun- ini^n^^any^ecms"**
dred thousand dollars.

For pay and allowances of pension agents: For salary. Pension agents,
fees for preparing vouchers, rent, fuel, lights, and postage
on letters to the Executive Departments and to pensioners,
three hundred thousand dollars : Provided, That from and Proviso.
after Jul}- first eighteen hundred and eighty-four agents for
the payment of pensions shall receive only twelve dollars Pay of agent-*.
and fifty cents for each one hundred vouchers, or at that
late for a fraction of one hundred, prepared and paid by
any agent in excess of four thousand vouchers per annum.

For contingent expenses of pension agencies, ten thousand peSes^ar^cn-
dollars. «^^«-

That the act entitled "An act relating to claim agents .^^«^oj.^^>'»|^^^^^^
and attorneys in pension cases," approved June twentieth, actieiatingto.re-
eighteen hundred and seventy-eight, is hereby repealed : 2ostat., 243.
Provided however, That the rights of the parties shall not
be abridged or affected as to contracts in pending cases, as
provided for in said act ; but such contracts shall be deemed
to be and remain in full force and virtue, and shall be rec-
ognized as contemplated by said act.

Sec. 2. That sections forty-seven hundred and sixty-eight, R- s. 4768, 927,

n . , , 1 -. • . . , ^ "^ ,^ ' R. S.. 4769, 927, R.

forty -seven hundred and sixty-nine, and forty-seven hun- s. 4786, 929 made
dred and eighty-six of the Revised Statutes are hereby made t^n oTses!^" ^^^
applicable also to all cases hereafter filed with the Commis-
sioner of Pensions, and to all cases so filed since June
twentieth, eighteen hundred and seventy-eight, and which
have not been heretofore allowed, except as hereinafter pro-
vided.

Sec. 3. That section forty-seven hundred and eighty-five ^.^Jiifct^rVna
of the Revised Statutes is hereby re-enacted and amended amended.
so as to read as follows :

" Sec. 4785. No agent or attorney or other person shall Fees of attor-

A 1 XI ' ^- ^. 1 . • ney for proseont-

demaud or receive any other compensation tor his services ing claims.

CO-i PENSION LAWS.

in prosecuting a claim for pension or bounty land than such
as the Commissioner of Pensions shall direct to be paid
to him, not exceeding twenty-live dollars ; nor shall such
agent, attorney or other person demand or receive such
compensation, in whole or in part, until such pension or

Provieo. bountylaud claim shall be allowed :, Provided.^ That in all

claims allowed since June twentieth eighteen hundred and
seventy-eight where it shall appear to the satisfaction of

Feesuotpaidiu ^he Commisslouer of Pensions that the fee often dollars, or

certain cases to '

be deducted from aiiv part thcrcof, has uot bccu paid, he shall cause the same

pension. . ^ '■ ' ^ ' .

to be deducted from the pension, and the pension agent to

pay the same to the recognized attorney."

K. s. 4786, 929, Sec. 4. That section forty-seven hundred and eighty-six

amen ^^ ^^^ Reviscd Statutes is hereb^^ amended so as to read as

follows :

Agreement for ^'Sec. 4786. The agcut or attomcy of record in the pros-
amount of fee to.-- ,/>•.-..,,,

be filed. ecution of the case may cause to be filed with the Com-

missioner of Pensions, duplicate articles of agreement, with-
out additional cost to the claimant, setting forth the fee
agreed upon by the parties, which agreement shall be ex-
ecuted in the presence of and certified by some officer com-
petent to administer oaths. In all cases where application
is made for pension or bounty land, and no agreement is filed
with the Commissioner as herein provided, the fee shall be
Fee in case often dollars and no more. And such articles of agreement

failure to file

agreement as may hereafter be filed with the Commissioner of Pensions
, ,. , ^are not authorized, nor will they be recognized except in

Articles of ' ./ox

agreement. &c., claims for Original pensions, claims for increase of pension

recognized in cer- ^

tain claims only, on accouut of a ncw disability, in claims for restoration

where a pensioner's name has been or may hereafter be

dropped from the pension* rolls on testimony taken by a

special examiner, showing that the disability or cause of

death, on account of which the pension was allowed, did

not originate in the line of duty, and in cases of dependent

relatives whose names have been or may hereafter be,

dropped from the rolls on like testimony, upon the ground

of non-dependence, and in such other cases of difficulty and

trouble as the Commissioner of Pensions may see fit to rec-

ptovito. ognize them : Provided, That no greater fee than ten dol

lars shall be demanded, received, or allowed in any claim

i&Ii^JtJ.^^^^^' ^^^ pension or bounty land grauted by special act of Con-

forarrearaof ^e^if. S^^^^» "^^' ^" any claim for iiicrcasc of pension on account

»ion,&c. Qf ti2e increase of the disability for which the pension had

been allowed : And provided further. That no fee shall bo

demanded, received, or allowed in any claim for arrears of

pension or arrears of increase of pension allowed by any act

JPENSiON LAWS. 605

of Congress passed subsequent to the date of the allowmice
of the original claims in which such arrears of pension, or
of increase of pension, maybe allowed."

The articles of agreement herein provided for shall be in
substance as follows to wit :

Articles of Agreement.

Whereas I, , late a in company , Form of arti-

/. , . n , /» . , cles of agree-

ot the regiment of volunteers, war of eighteen ment.

hundred and sixty-one (or, if the service be different, here
state the same), having made application for pension under
the laws of the United States :

Now, this agreement witnesseth, that for and in considera*
tion of services done and to be done in the premises, I hereby

agree to allow my attorney, of , the fee

of dollars, which shall include all amounts to be paid

for any service in furtherance of said claim ; and said fee
shall not be demanded by or payable to my said attorney
(or attorneys), in whole or in part, except in case of the
granting of my pension by the Commissioner of Pensions ;
and then the same shall be paid to him (or them) in accord-
ance with the provisions of sections forty-seven hundred and
sixty-eight and forty-seven hundred and sixty-nine of the
Revised Statutes.

(Claimant's signature.)

(Two witnesses' signatures.)

State of

County of , ss.

Be it known that on this, the day of , anno

Domini eighteen hundred and eighty , personally ap-

l)eared the above-named , who, after having

had read over to , in the hearing and presence of the^

two attesting witnesses, the contents of the foregoing arti-
cles of agreement, voluntarily signed and acknowledged the

same to be free act and deed.

(Official signature.)

And now, to wit, this day of , anno Domini

eighteen hundred and eighty , I (or we) accept the pro-
visions contained in the foregoing articles of agreement, and
will, to the best of my (or our) ability, endeavor faithfully
t<) represent the interest of the claimant in the x>reinises.

Witness my (or our) hand, the day and year first above
written.

(Signature of attorney.)

606 PENSION LAWS.

State of

County of , .<?«.

Personally came , whom I know to be the

person he represents himself to be, and who, having signed
above acceptance of agreement, acknowledged the same to

be free act and deed.

(Official signature.)

Amount paid, And If in the adjudication of any claim for pension in which
ducted^fromfea*'such articlcs of agreement have been, or may hereafter be,
filed, it shall appear that the claimant had, prior to the exe-
cution thereof, paid to the attorney any sum for his services
in such claim, and the amount so paid is not stipulated
therein, then every such claim shall be adjudicated in the
same manner as though no articles of agreement had been
filed, deducting from the fee of ten dollars allowed by law
such sum as claimant shall show that he has paid to his
said attorney.
iatioS*o/aSi^ie- ^"^ agent or attorney or other person instrumental in
^^^^en^atufn **' piosccutiug any claim for pension or bounty laud, who shall
directly or indirectly contract for, demand or receive or
retain any greater compensation for his services or instru-
mentality in prosecuting a claim for pension or bounty land
than is herein provided, or for payment thereof at any other
time or in any other manner than is herein provided, or who
shall wrongfully withhold from a pensioner or claimant the
whole or any part of the pension or claim allowed and due
such pensioner or claimant, or the land warrant issued to
any such chnmant, shall be deemed guilty of a misdemeanor,
and upon conviction thereof shall for every such offense be
fined not exceeding five hundred dollars, or imprisoned at
hard labor not exceeding two years, or both, in the discre-
tion of the court.
Secretary of Sec. 5. That the Secretary of the Interior may prescribe
scribe rules forrulcs aud rcgulatious governing the recognition of agents,
agents, &c., in attorneys, or other persons representing claimants before

prosecutionof , . , ' . , • /» i i.

claims. his department, and may require of such persons, agents,

and attorneys, before being recognized as representatives of
claimants, that they shall show that they are of good moral
character and in good repute, possessed of the necessary
qualifications to enable them to render such claimants valu-
able service, and otherwise competent to advise aud assist
such claimants in the presentation of their claims, and such
Secretary may, after notice and opportunity for a hearing,
suspend or exclude from further practice before his dejjart-
ment any such person, agent or attorney shown to be in-

l>ENStON LAWS. (10?

coujpeteut, disreputable, or who refuses to comply with the
said rules aud regulations, or who shall with intent to de-
fraud in any manner deceive, mislead, or threaten any claim-
ant, or prospective claimant, by word, circular, letter, or by
advertisement.

Sec. 6. The Commissioner shall have power, subject to commissioner
review by the Secretary, to reject or refuse to recognize any ?ejecrTdntr™is
contract for fees, herein provided for, whenever it shall be ^^' ^®®^' ^^'
made to appear that any undue advantage has been taken
of the claimant in respect to such contract.

Approved, July 4, 1884.

Chap. 222. — AN ACT to relieve certain soldiers from the charge of

desertion.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assemUed, That the Soidierscimr^ed

- _^ . ,-,. , ,, -, -witli desertion.

charge of desertio,n now standing on the rolls and records reiiof of; con-
in the Office of the Adjutant-General of the United States
against any soldier who served in the late war in the vol-
unteer service shall be removed in all cases where it shall
be made to appear to the satisfaction of the Secretary' of
War, from such rolls and records, or from other satisfactory
testimony, that any such soldier served faithfully until the
expiration of his term of enlistmeO't, or until the first day
of May, anno Domini eighteen hundred and sixty five, hav-
ing previously served six months or more, or was prevented
from completing his term of service by reason of wounds re-
ceived or disease contracted in the line of duty, but who,
by reason of absence from his command at the time the
same was mustered out, failed to be mustered out and to
receive an honorable discharge: Provided, That no soldier provUo.
shall be relieved under this section who, not being sick or
wounded, left his command without proper authority whilst
the same was in the presence of the enemy.
Sec. 2. That the Secretary of War is hereby authorized Terms and

^ ./. -,/. proof upon which

to remove the charge of desertion from the records of any relief may be
soldier in the late war upon proper application therefor and ^^ ^
satisfactory proof in the following cases :

First; That such soldier, after such charge of desertion
was made, and within a reasonable time thereafter, volun-
tarily returned to his command and served faithfully to the
end of his term of service.

Second. That such soldier absented himself without proper
:!Uthority from hospital, or from furlough given from hos-
pital, while suffering from wounds, injuries, or disease re-
ceived or contracted in the service in the line of duty, and,

608 PENSION LAWg.

ou recovery, voluntarily returned to his coininand and served
faithfully until discharged, or died from sucli wounds, in.
jury, or disease while so absent and before the date of the
muster out of his command.

Third. That such soldier absented himself without proper
authority from furlough given by proper authority, and
while so absent died from wounds, injury, or disease re-
ceived or contracted in the service in the line of duty before
the muster out of his command.

Certificate of Sec. 3. That iu all cases where the charge of desertion
di.wharge. ^^^^^ ^^ Fcmovcd uudcr the provisions of this act from the

record of any soldier who has not received a certificate of
discharge, it shall be the duty of the Adjutant-General of
the United States to issue to such soldier, or, in case of his
death, to his heirs or legal representatives, a certificate of
discharge.

Pay ana Sec. 4. -That when the charge of desertion .shall be re

"vinty. moved under the provisions of this act from the record ol'

any soldier, such soldier, or, in case of his death, the heirs
or legal representatives of such soldier, shall receive the

ptovino. pay and bounty due to such soldier: Provided, however,

That this act shall not be so construed as to give to any
such soldier, or, in case of his death, to the heirs or legal
representatives of any such soldier,, any pay bounty or al-
lowance for any period of time during which such soldier
was absent from his command without proper authority,
nor shall it be so construed as to give any pay, bounty, or
allowance to any soldier, his heirs or legal representatives,
who served in the Army a period of less than six months.

Appiicatioiw Sec. 5. That all applications for relief under this act
filed, Sec. shall be made to and filed with th^ Secretary of War within

the period of five years from and after its passage, and all
applications not so made and filed within said term of five
years shall be forever barred and shall not be received or
considered.

Sec. 6. That all acts and parts of acts inconsistent with
the provisions of this act are hereby repealed.
Approved, July 5, 1884.

Chap. 340.— AN ACT making appropriations for the payment of invalid
and other pensions of the United States for the fiscal year ending
June thirtieth, eighteen hundred and sixty-six, and for other pur-
poses.

Appropriation Be it enocted by the Senate and House of Representatives of

for the payment ^ i -, mt.

of penaions for the United States of America in Congress assemhlea, That the

the fiscal year "^ ^ . x. •

ending Jnne 30, following sums be, and the same are hereby, ai)propriatea,

PENSION LAWS. 609

ated, for the payment of pensions for the fiscal year ending
June thirtieth, eighteen hundred and eighty-six, and for
other purposes, namely :

For Army and Kavy pensions as follows: For invalids, pe^^o^ng"*^-^*^
widows, minor children, and dependent relatives, and sur-
vivors and widows of tbe war of eighteen hundred and
twelve, fifty-nine million one hundred and seventy-two thou-
sand dollars: Provided, That the appropriatioDS aforesaid ^^°^^^^''
lor Navy pensions shall be paid from the income of the Kavy
pension fund, so far as the same may be sufficient for that
purpose : And provided further. That the amount expended
under each of the above items shall be accounted for sep-
arately.

For fees and expenses of examining surgeons, five hun- g^ns^and^mem.'
dred thousand dollars. And each member of each examin- hfg boarcL^*™^"
ing board shall, as now authorized by law, receive the sum
of two dollars for the examination of each applicant when-
ever five or a less number shall be examined on any one
day, and one dollar for the examination of each additional
applicant on such day : Provided, That if twenty or more
applicants appear on one day, no fewer than twenty shall, if Xiimber that

4.^^\ A 11 1 4.1 /-^ ^' mav be examined

practicable, be examined on said day, and that if fewer and fees,
examinations be then made, twenty or more having ap-
peared, then there shall be paid for the first examinations
made on the next examination day the fee of one dollar only
until twenty examinations shall have been made : Provided, Proviso.
That all applicants for pensions shall be presumed to have 8u4ed^' to"*iia7©
had no disability at the time of enlistment ; but such pre- at time of en\u^
sumption may be rebutted. ™®°*-

For the salaries of eighteen agents for the payment of pen- Agents,
sions, at four thousand dollars each, seventy-two thousand
dollars.

D6II80S*

age on letters to the Executive Departments an4 to pen-
sioners, stationery, and other necessary expenses, to be ap-
proved by the Secretary of the Interior, two hundred and
fifty-six thousand dollars: Provided, That from and after Proviso.
June thirtieth, eighteen hundred and eighty five, the salary
and emoluments of agents for the payment of pensions shall Pay of pension
be four thousand dollars, and no more, per annum ; and ceeS four thou- ^
of the fees provided by law for vouchers prepared and paid, linam° *" ^^^
only so much thereof as may be required for expenses in-
curred in having said vouchers prepared, as well as the
necessary clerical work at the agencies, shall be avail-
able.
Approved, March 3d, 1885.
7018 PEN 39

610 PENSION LAWS.

Chap. 352. — AN ACT for the benefit of soldiers and sailors who have
lost an arm at the shoulder-joint,

Beit enacted by the Senate and House of Kepreseniatives of

Soldiers and f/ic United States of America in Congress assembled^ That all

states. soldiers and sailors of the United States who have had an

after"for°io.S^of arm taken ofif at the sholder-joint, caused by injuries received

j*oSt*to*be"8ame in the service of their country while in the line of duty, and

fttSp-fo^nt"^ '®^ who are now receiving pensions, shall have their pensions

increased to the same amount that the law now gives to

soldiers and sailors who have lost a leg at the hip-joint j

and this act shall apply to all who shall be hereafter placed

on the pension-roll.

Approved, March 3d, 18S5.

BOUNTY-LAro LAWS,

INCLUDING REVISED STATUTES AND ALL OLD LAWS NOT
RE-ENACTED THEREIN, BUT

STILL IN FORCE.

BOUNTY-LAND LAWS.

Act of February 11, 1847.

Sec. 9. Arid he it further enacted. That each non-com- soidiers en-
missioned officer, musician, or private, enlisted or to be en- ^^imj^^^muf-
listed in the Eegular Army, or regularly mustered in anyj^^^gf^rno/ress
voluDteer company for a period not less than twelve months, ^^^^ ^^ mon tha.
who has served or muy serve during the present war with stIt°s.at'L?ige"^'
Mexico, and who shall receive an honorable discharge, or Honorably dis-
who shall have been killed, or died of wounds received or J^JJfJJ^gJ^He^,
sickness incurred in the course of such service, or who
shall have been discharged before the expiration of his term
of service in consequence of wounds received or sickness Discharged for
incurred in the course of such service, shall be entitled to J^^^J^"^^ "^ ^^^^'
receive a certificate or warrant from the War Department
for the quantity of one hundred and sixty acres. * * * one hundred
That in the event of the death of any such non-commissioned ^°*^ sixty acres,
officer, musician, or private, during service, or after his dis-
charge, and before the issuing of a certificate'or warrant as ^^^^ ^^^^.^^
aforesaid, the said certificate or warrant shall be issued in ^i^s before issue

' ot warrant, title

favor, and inure to the benefit, of his family or relatives, ^^escenda to tiie

' ^ ^ ■ ' -widow and chil-

according to the following rules: first to the widow and todren, father or

mother.

his children; second, his father; third, his mother; and
in the event of his children being minors, then the legally-
constituted guardian of such minor children, shall, in con-
junction with such of the children, if any, as may be of full
age, upon being duly authorized by the orphans or other
court having probate jurisdiction, have power to sell and
dispose of such certificate or warrant for the benefit of those
interested: Provided, further, That every such non-com- proviso that
missioned officer, musician, and private, who may be en- SS to^r^cefve
titled, under the provisions of this act, to receive a certifi- raayJeleiTe'scrip
cate or warrant for one hundred and sixty acres of land, J^pel^cenSnler^
shall be allowed the option to receive such certificate or ®^*'
warrant, or a treasury scrip for one hundred dollars; and
such scrip, whenever it is preferred, shall be issued by the
Secretary of the Treasury to such person or persons as
would be authorized to receive such certificates or warrants
for lands; said scrip to bear an interest of six per cent, per
annum, payable semi-annually, redeemable at the pleasure
of the Government. And that each private, non-commis-

613

614 BOUI^TY-LAND LAWS.

sioiied officer and musiciau, who sLall have been received
into the service of the United States s-ince the commence-
ment of the war with Mexico, for less than twelve months,
and shall have served for such term or until honorably
Fortyacrcsai- discharged, Shall be entitled to receive a warrant for forty
of service under acrcs of land, which may be subject to private entry, or
fe"s8\iian^twei?e tweuty-fivc dollars in scrip, if preferred; and in the event of
^^^ *■ the death of such volunteer during his term of service, or after

an honorable discharge, but before the passage of this act,
then the warrant for such land, or scrip, shall issue to the
wife, child or children, if there be any, and if none, then to
the father, and if there be no father, then to the mother of
such deceased volunteer.

Act of May 27, 1848, amending act of February 11, 1847.
Be it enacted hy the Senate and House of Representatives
of the United States of America in Congress assembled, That
the term "relatives," as used in the ninth section of the act
entitled, "An act to raise, for a limited time, an additional
military force, and for other purposes," approved eleventh
February, eighteen hundred and forty seven, shall be con-
sidered as extending to the brothers and sisters of those
persons who^e services, under that act, may have entitled
them to the land therein provided: The order or priority ot
On faiinre of right, however, shall remain asdcclarcdin that actj and those
brothers ami failing, the right shall accrue, fourthly, to the brother or sis-
titieT *^* *" ter, or in equal proportions to the brothers and sisters of
Vol. 9» p. 232, the deceased, as the Case may be.

StatB. at Large.

Sec. 2. A7id he it further enacted, That the beuetits of
the said act of eleventh February, eighteen hundred and
forty-seven shall not be construed as forfeited by the pri-
vates and non-commissioned officers who have been or may
rivat^Jandnon^^^ promoted to the grade of commissioned officer during
commissioned their service in Mexico, and who shall have subsequently

officers does not ' ^

bartiti*. fulfilled the condition of their engagements: Provided,

such promotion shall have been made subsequent to the
original organization of the company, corps or regiment to
which such privates and non-commissioned officers may have
belonged.

Act of June 16, 1848.

tira°iSreyatio**n "o ^^^olved by the Senate and Home of Representatives of the
the tr&xitmorts. United States of America in Conqr ess assembled. That on th©

tion and dls- *^ ^ '

cbarpe of the mil- restoration of peace with Mexico by a treaty of peace duly

itarv forces of the ^ *^ /. , -n- • j

United States at ratihcd aud proclaimed, all the mili tary forces of the United

the close of the ^ . \ , • , *^ ,

war with Mexico. States, whether volunteers, regulars, or the marine corps,
voL 9, p. 835, who by law, or the terms of their engagement, ar* to b« dia-

BOUNTY-LAND LAWS. 615

charged at the close of the war, shall, under the direction
of the President of the United States, be transported or
marched with the least practicable delay, to such posts or
places in the LTnited States as may be least expensive and
most convenient to the troops — and at such places they shall
be discharged from tlie service of the United States ; and
that until they shall respectively reach such places and be
discharged, the ofi&cers and men shall be considered, paid,
and treated as in the service of the United States, in the
same manner as if the war had not closed.

Act of July 10, 1848.
Seo; 2. And be it further enacted, That those enlisted men Bounty-lands
of the ordnance department who have served, ormay serve, fisted men of the
in Mexico during the war with that country, shall be en-partment who
titled to, and shall receive, the same bounty in land as is or wftrMexico.^*'
may be allowed by law to other regular troops in the serv- voi. 9, p. 246,
ice of the United States, and under like limitations and re- ^^^^^' ** ^^''^^'
strictions.

Act of August 10, 1848.
Resolved by the Senate and House of Representatives of the .Joint res^ia-
TJnited States of America in Congress assembled. That the certain portions

«, ...-,«r. ., ,.. ofthe Marine and

officers, non-commissioned officers, privates, and musicians, ordnance corps
of the marine corps, who have served with the Army in the with the Aimy
war with Mexico, and also the artificers and laborers of the Sexico^^^ ^
ordnance corps serving in said war, be placed, in all respects voi. 9, pTsio^
as to bounty land and other remuneration, in addition to ^*^*^" ^* ^^^^°'
ordinary pay, on a footing with the officers, non commis-
sioned officers, privates, and musicians of the Army : Pro-
vided, That this remuneration shall be in lieu of prize money
and all other extra allowances.

Act of March 3, 1849.

AN ACT making appropriation for the civil and diplomatic expensea
of Government for the year ending the 30th of June, 1850, and for
other purposes.

For the redemption of the Treasury scrip heretofore
issued for the satisfaction of the bounties promised to the
non-commissioned officers, musicians, and privates by the
ninth section ofthe act ofthe eleventli of February, eighteen
hundred and forty seven, to raise for a limited time an ad-
ditional military force, and for other purposes, and for the
satisfaction in money of such bounties due under said sec-
tion of said act as those to whom they are due may elect to
receive in money instead of land, three hundred thousand

616 BOUNTY-LAND LAWS.

dollars. And the Secretary of the Treasury is hereby
directed, immediately after the passai^e of tliis act, to give
notice by publication for sixty days in at least one of the
principal papers in Washington City, Baltimore, PLiiladel-
phia, New York, and Boston, and in such other j^apers as
he may deem expedient, that the i)rincipal and interest of
such scrip as has been or may be issued prior to the first
of July, Anno Domini, eighteen hundred and forty nine,
will be paid on that day on presentation at the Treasury of
the United States, and that the interest on such scrip will
cease on that day. And the said Secretary is further
directed not to issue scrip for said bounty after that day,
but to pay the same in money out of this appropriation in
all cases when the person entitled to the bounty in land
shall elect to receive money in lieu thereof.

[Note. — The compilers of the Revised Statutes seem to have over-
looked the above-quoted provision of the act of March 3, 1849 (an ap-
propriation act), which repealed so much of the act of February 11,
1847, as provided for the issue of scrip in lieu of bounty in laud, and
said provision of the act of February 11, 1847, has been re-enacted in
sections 2418 and 2419, Revised Statutes. It is, however, of little im-
portance in this case whether the said re-euactraent, in such a codi-
fication of old laws as the Revised Statutes purports to be, of a repealed
law reinstates that law upon the statute books, for no one is likely to ask
for theissue of a scrip certificate for $100 in lieu of a bounty-laud warrant
whose market value is not less than $175. It appears from the records of
this office and those of the Treasury Department that the last scrip certifi-
cate was issued June 28, 1849; that all of such certificates matured on
the 1st of July, 1849, when interest thereon ceased. The reports of the
Treasury Department show that all of said certificates have been re-
deemed except a small number, amounting in value to $3,175. After
the repeal of the scrip provision of the act of 1847, the Pension Office
issued, under the act of 1849, a certificate for $100 in money in lieu of a
warrant for 160 acres of land, and $25 in money in lieu of a warrant of 40
acres. The last certificate of this kind issued from this Oflice was
dated July 29, 1869. These money certificates bore no interest ; they
were simply so much money paid the party entitled to the warrant in
lieu thereof. ]

Revised Statutes.
Military boun- Seo. 2414. All Warrants for militar3^ bounty- lands which
and locations as- havc bccu or may hereafter be issued under any law of the

eigiiab^^ ^ United States, and all valid locations of the same which

c. 19,860.1, V. lo! have been or may hereafter be made, are declared to be as-
^3 jnne, 1858, c. sign able by deed or instrument of writing made and exe-
8Mec.2,v.ii,p,^^^^^ according to such form and pursuant to such regula-
2o^May!'i785.*°'"' tions RS may be prescribed by the Commissioner of the
isoreec.^^if JniiGi-eneral Land-Office, so as to vest the assignee with all the
qSSiTc^n^in^uinK ^'S^^^ ^^ ^^^ Original owucr of the warrant or location.

fMtS.

BOUNTY-LAND LAWS. 617

Sec. 2415. The warrants which have been or may here- ^^^''J^ifog:
after be issued in pursuance of law may be located accord- excess paid' in

ing to the legal subdivisions of the public lands in one body — '■ •

upon any hinds of the United States subject to private en-c.m sec.'i.v. iV,
try at the time of such location at the minimum price, ^'see ordinance
When such warrant is located on lands which are subject seSusApi..
to entry at a greater minimum than one dollar and twenty- and ml'mevoVa
five cents per acre, the locator shall pay to the United JJiufnlTIStl °"""
States in cash the difference between the value of such war- mi^^c.i^^^'
rants at one dollar and twenty-five cents per acre and the
tract of land located on. But where such tract is rated at
one dollar and twenty- five cents per acre, and does not ex-
ceed the area specified in the warrant, it must be taken in
full satisfaction thereof.

♦

Sec. 2416. In all cases of warrants for bountv-lands, is- Location of

11 -i n . TT1, ." landwarrants

sued by virtue ot an act approved July twenty-seven, one issued in virtue
thousand eight hundred and forty-two, and of two acts ap- named.
proved January twenty-seven, one thousand eight hundred 2 juiy, i864, c.
and thirty five, therein and thereby revised, and of two acts 379'.^^*'' '^" '^*
to the same intent, respectively, approved June twenty-six,
eighteen hundred and forty-eight, and February eight,
eighteen hundred and fifty-four, for military services in the
revolutionary war, or in the war of eighteen hundred and
twelve with Great Britain, which remained unsatisfied on
the second day of July, eighteen hundred and sixty-four, it
is lawful for the person in whose name such warrant issued,
his heirs or legal representatives, to enter in quarter-sec-
tions, at the proper local land office in any of the States or
Territories, the quantity of the public lands subject to pri-
vate entry which he is entitled to under such warrant.

Sec. 2417. All warrants for bounty-lands referred to in Same subject,
the preceding section may be located at any time, in con- 2 juiy, i864, o.
formity with the general laws in force at the time of such p. 379. ' " '
location.

[Note. — No blank forms for bounty rland warrants have been pre-
jiared since the adoption of the Revised Statutes. All warrants are
therefore issued under the original laws, to wit, the acts of 1847, 1850,
1852 and 1855, and it is so recited in the body of the warrant, which
does not indicate that the issue is made under any provision of the
Revised Statutes.]

Sec. 2418. Each of the surviving, or the widow or minor Granting boun-
children of deceased, commissioned and non-commissioned for^variou^^pe*
of&cers, musicians, or privates, whether of regulars, volun- in certain wam"
teers, rangers, or militia, who performed military service in 28 Sept., i85o,

' " ' ■ ' * *^ c. 85. sec. 1, V. 9,

any regiment, company, or detachment in the service of the p. ^0.

11 Feb. 1847 c

United States in the war with Great Britain, declared on 8, ^eo. 9, v. 9, pp!

^ 125, 126.

ni8 BOtJNTY-LAND LAWS.

War of 1812. tlio eighteenth day of June, eighteen hundred and twelve,

KoiiuhuAnuy: ^ • . . i i i ,

Sec act 24 Dec, or ill iiuy of the Indian wars since seventeen hundred and
SCO act iijan., ninety, and prior to tlie third of March, eighteen hundred
See act CO Jan., and fifty, and eacli of tlie commissioned officexs who was
Vofunteers: engaged iu the military service of the United 8tates in the
im^sS^*^^' war with Mexico, shall be entitled to lands as follows:
Doti&tnuty! Thosc who engaged to serve twelve months or during the
isirsecalS^dV war, and actually served nine months, shall receive one
hundred and sixty acres, and those who engaged to serve
Soldiers pro- six luouths, and actually served four months, shall receive
™SeeUfi6Apr., eighty acres, and those who engaged to serve for any or an
^^see'^act^iTMay, indefinite period, and actually served one month, shall re-
1848. sec. 2. ccivc forty acresj but wherever any officer or soldier was
honorably discharged in consequence of disability contracted
in the service before the expiration of his period of service,
he shall receive the amount to which he would have been
entitled if he had served the full period for which he had
engaged to serve. All the persons enumerated in this sec-
tion who enlisted in the Eegular Army, or were mustered
ForendofMex- in any voluntecr company for a period of not less than
i^.Tun^iSs.'^*" twelve mouths, and who served in the war with Mexico and
diSity'iKe res': received an honorable discharge, or who were killed or died
24 Mar.. 1848. ^£ wouuds recsived OF sickness incurred in the course of
such service, or were discharged before the expiration of
the term of service iu consequence of wounds received or
sickness incurred in the course of such service, shall be en-
titled to receive a certificate or warrant for one hundred and
Pro vision sixty acrcs of land; or, at option, Treasury scrip for one
Ea^\T parents hundred dollars, bearing interest at six per cent, per annum,
sFster™ orotb°er payable semi-annually, at the pleasure of the Government.
in wa^withlSl?. In the event of the death of any one of the persons men-
^*'Flfrb''r'^th'o rationed iu this section during service, or after his discharge,
ac?27'Mly! 1848! and bcforc the issuing of a certificate or warrant, the war-
sec. 1. j,^jj|. Qj, gcrip shall be issued in favor of his family or rela-
tives; first, to the widow and his children; second, his
father; third, his mother; fourth, his brothers and sisters.

[Note. — It is supposed that the preceding section was intended to
embody the provisions of the bounty-land acts of February 11, 1847
and September 28, 1850. The former act as amended, granted bounty
land to the enlisted men of the Mexican war, their widows and chil-
dren, fathers, mothers, brothers, and sisters. The latter act made sim-
ilar grants to the commissioned oflflcers of that war, and to the oflScers
and enlisted men of other wars from 1790 to the date of the act, and
to the widows and minor children of such oflQcers and enli.sted men.
In the attempt to combine these two acts in section 2418 above, and by
the peculiar construction of that section, those who were actually pro-
vided for in the act of 1847, viz, the enlisted men and their heirs, were

BOUNTY-LAND LAWS. fit 9

entirel.v oiuittecl, while on tlie other hand the benefits of the act of 1850

were extended to a class of heirs — to wit, fathers, mothers, brothers,

and sisters — who were not previously provided for in that act or in any

other bounty land law except the act of 1847 and amendment. The

questions raised by these diversities in the law have, however, been set- *

tied by the Department, It is held : 1. That the provisioua of the act

of 1847 are kept in force by section 5597, Revised Statutes, notwith- «

standing the provisions of repeal contained in section 5596, Revised

Statutes. 2. That the new law incorporated in section '2418 must be

given its full force and intent. See (3) paragraph 15, and (4) paragraph

47, title Bounty Land.'\

Sec. 2419. The persons enumerated in the preceding sec- onfeTa^ina^^n^t^e
tion received into service after the commencement of the JJj^^,^j/^^",,;;\"'^l
war with Mexico, for less than twelve months, and ^vliOtbriVacres^** *'*
served such term, or were honorably discharged, are entitled ~7i f^"7^;[77
to receive a certificate or warrant for forty acres, or script, sec. 9, v. 9,' p.
for twenty-five dollars, if preferred; and in the event of the
death of such i)erson during service, or after honorable dis-
charge before the eleventh of February, eighteen hundred
and forty-seven, the warrant or scrip shall Issue to the wife,
child, or children, if there be any, and, if none , to the father,
and if no father, to the mother of such soldier.

Sec. 2420. Where the militia, or volunteers, or State Miutiaandvoi-

' ' nnteersin service

troops of any State or Territory, subsequent to the eight- since 18 12.
eenth day of June, eighteen hundred and twelve, and prior 22 Mar. 1852,

,, / , . , , -, , ^ ^n c. 19, sec. 4, V. 10,

to March twenty-second, eighteen hundred and fifty-two, p. 4.
were called into service, the oflicers and soldiers thereof
shall be entitled to all the benefits of section two thousand
four hundred and eighteen upon proof or length of service
as therein required.

Sec. 2421. No person shall take any benefit under the^.P^'sonsnoten-

^ *' titled under pie-

provisions of the three preceding sections if he has received, ceding sections.
or is entitled to receive, any military land bounty under any 28Sept.,i85o,c.
act of Congress passed prior to the twenty-second March, 520.
eighteen hundred and fifty-two. Mar. 1352, sec

4. Proviso.
[Ruling of Commissioner of Pensions, No. 28. Section 2421 should be
read and interpreted in the same sense as if the word *' other " stood
between the words **any" and "act'* in the third line of the section,
and such will be tbe construction of this Bureau.]

Sec. 2422. The period during which any officer or soldier Period of cap-
remained in captivity with the enemy shall be estimated aSuiservi'ce.''*
and added to the period of his actual service, and the 28 Sept., i85o,
person so retained in captivity shall receive land under the p. 520.^^^" ' ^' '
provisions of sections twenty-four hundred and eighteen and
twenty-four hundred and twenty, in the same manner that

620 BOUNTY-LAND LAWS.

he would be entitled in case he had entered the service for
the whole term raade up by the addition of the time of his
captivity, and had served during such term.

wurrarftand Sec. 2423. Evcry pcrsou for whom provision is made by

patent to issne, . n ■, '

wbep. sections twenty-four hundred and eighteen and twenty-four

28Sep., 1850, c. hundred and twenty shall receive a warrant from the De-

85, sec. 3, V. 9, p. ,. , , .

5io. partment of the Interior for the quantity of land to which

See ordinance ,..,,■, , « ,

20 May, 1785. hc IS cutitlcd J and, upon the return of such w^arrant with
isbe.^secs. 1 ami evidence of the location thereof having been legally made,
contini!in™acts.^ to the General Land Office, a patent shall be issued therefor.

See act (5 May, "*•

Widows of per- Sec. 2424. In the event of the death of any person for

'- — whom provision is made by sections twenty-four hundred

c. 85, sec. 3, v. 9^ aud eighteen and twenty-four hundred and twenty, and who
^' " ' did not receive bounty-land for his services, a like warrant

shall issue in favor of his widow, who shall be entitled to
one hundred and sixty acres of land in case her husband
was killed in battle; nor shall a subsequent marriage impair
the right of any widow to such warrant, if she be a widow
at the time of making her application.

Additional Sec. 2425. Each of the surviving i)ersons specified in the
— °— ^° ^' classes enumerated in the following section, who has served
207, sees'. 1, ^3,' v! for a period of not less than fourteen days in any of the
•^^■' '' ■ wars in which the United States have been engaged since
the year seventeen hundred and ninety aud prior to the third
day of March, eighteen hundred and fifty -five, shall be enti-
tled to receive a warrant from the Department of the Inte-
rior for one hundred and sixty acres of land ; and, where
any person so entitled has, prior to the third day of March,
eighteen hundred aud fifty-five, received a warrant for any
number of acres less than one hundred and sixty, he shall
be allowed a warrant for such quantity of land only as will
make, in the whole, with what he may have received prior
to that date, one hundred and sixty acres.

Classes under Sec. 2426. The classcs of persous embraced as beneticia-

l.ist section spec- . -, .^ ,- . /. n i

ifled. ries under the preceding section are as follows, namely :

3 Mar., 1855, c. First. Commissioned and non-commissioned officers, mu-

TOL*^' '^" '^sicians, and privates, whether of the regulars, volunteers,

rangers, or militia, who were regularly mustered into the

service of the United States.

3 Mar., 1855, Sccoud. Commissioucd and non-commissioned officers,

^^'^' seamen, ordinary seamen, flotilla-men, marines, clerks, aud

landsmen in the Navy.

3 Mar., 1855, Third. Militia, volunteers, and State troops of any State

***** ^' or Territory, called into military service aud regularly mus-

BOUNTY-LANB LAWS. 621

tered therein, and whose services have been paid by the
Fnited States.

Fourth. Wagon-masters and teamsters who have been 3 Mar., 1855,
employed under the direction of competent authority, in*^^' '" ^^'^^'^*^'
time of war, in the transportation of military stores and
supplies.

Fifth. Officers and soldiers of the revolutionary war, and 3 Mar., 1855.
marines, seamen, and other persons in the naval service of li May, i856,
the United States during that war. ' ' '

Sixth. Chaplains who served with the Array. 3 Mar., isss.

Seventh. Volunteers who served with thfe armed forces of ^^ ^ ^g^g
the United States in any of the wars mentioned, subject to»<^<^*5-
military orders, whether regularly mustered into the service
of the United States or not.

Sec. 2427. The following class of persons are included as ^^ta* classes

^ *^ of persons enti-

beneficiaries under section twenty-four hundred and twenty- tied under section

, „ 2425, without re-

live. Without regard to the length of service rendered : gard to length of

First. Any of the classes of persoiis mentioned in section '■

1" 3 j^g^Y., 1855, c.

twenty-four hundred and twenty-six who have been actu- 207, sec. 3, v. lo.p.
ally engaged in any battle in any of the wars in which this
country has been engaged since seventeen hundred and
ninety, and prior to March third, eighteen hundred and
fifty-five.

Second. Those volunteers who served at the invasion of ^^^ g^^''" i^^-
Plattsburgh, in September, eighteen hundred and ifourteen.

Third. The volunteers who served at the battle of King's ^^1 9^*'^' ^^^^'
Mountain, in the revolutionary war.

Fourth. The volunteers who served at the battle of Nick- ^el g^^'"' ^^^^'
ojack against the confederate savages of the South.

Fifth. The volunteers who served at the attack on Lewis- gel i^*^' ^^^'
town, in Delaware, by the British fleet, in the war of eight-
een hundred and twelve.

Sec. 2428. In the event of the death of any person who^j^^^^^J^^f *°^^
would be entitled to a warrant, as provided in section de?8^c°ion^2V"5°*
twenty -four hundred and twenty-five, leaving a widow, or, 3^ ' ar isss c
if no widow, a minor child, such widow or such minor child 207, sec. 2, v. 10' p.
shall receive a warrant for the same quantity of land that
the decedent would be entitled to receive, if living on thejg^l^^'gclV"'^*^'
third day of March, eighteen hundred and fifty-five.

Sec. 2429. A subsequent marriage shall not impair the subsequent
right of any widow, under the preceding section, if she be widow. ^^^
a widow at the time of her Application. 3 Mar., 1855, c

207, sec. 2, V. 10, p.
702.
See eeo. 2424.

622 BOUNTY-LAND LAWS.

Bc^iou^ms^^^^ ^^^' -^^^* Persons within the age of twenty-one years ol
3 Mar 1855 c ^^^ third day of March, eighteen hundred and fifty -five, shall
207. sec. 2, v. 10, be Considered minors within the intent of section twenty-four
hundred and twenty-eight.

Proof of ser vice, g^^. 2431. Where no record evidence of the service for
sec* 3.^*^' ^^^^' which a warrant is claimed exists, parol evidence may be
admitted to prove the service performed, under such regu-
• lations as the Commissioner of Pensions may prescribe.

dence'^S righuo ^^^' ^^^^* Where a certificate or warrant for bounty-land

^Sved^^Sei^^"^^ any less quantity than one hundred and sixty acres has

tain cases. been issued to any officer or soldier, or to the widow or

14 May, 1856, c. minor child of any officer or soldier, the evidence upon

26, sec. 1, V. 11, p. '^ ' ^

8. which such certificate or warrant was issued shall be re-

ceived to establish the service of such officer or soldier in
the application of himself, or of his widow or minor child,
for a warrant for so much land as may be required to make
up the full sum of one hundred and sixty acres, to which
he may be entitled under the preceding section, on proof of
the identity of such officer or soldier, or, in case of his death,
of the marriage and identity of his widow, or, in case of
her death, of the identity of his minor child. But if, upon
a review of such evidence, the Commissioner of Pensions is
not satisfied that the former warrant was properly granted,
he may require additional evidence, as well of the term as
of the fact of service.

Allowance of Sec. 2433. When any company, battalion, or regiment, in

time of service . , ^ i i .. ^ \ •, a. 1.

for distance from an organized form, marched more than twenty miles to the

home to place of, . . ,-i.,,i -ni

muster or dis- place whcrc they were mustered into the service of the

" ^^^^' United States, or were discharged more than twenty miles

26, sec. ^7, V. \\, from the place where such company, battalion, or regiment
^22 Mar., 1852, was Organized, in all such cases, in computing the length of
p. 4^' **'*'■ ^' ^* ^^' service of the officers and soldiers of any such company,
battalion, or regiment, there shall be allowed one day for
every twenty miles from the place where the company, bat-
talion, or regiment was organized to the place where the
same was mustered into the service of the United States,
and one day for every twenty miles from the place where
such company, battalion, or regiment was discharged, to the
place Where it was organized, and from whence it marched
to enter the service, provided that such march was in obe-
dience to the command or direction of the President, or some
general officer of the United States, commanding an army or
department, or the chief executive officer of the State or

BOtJNTY-LAND LAWS. 623

Territory by which such company, battalion, or regiment
was called into service.

Sec. 2434. The provisions of all the bounty-land laws ci Jd'ed.' * ° ^ '""■
shall be extended to Indians, in the same manner and to the 3 Mar., i855,c.
same extent as to white persons. 1)^702^" ^' ^' ^^'

Sec. 2435. Where a pension has. been granted to any Former evi-
officer or soldier, the evidence upon which such pension was a^pen^a^o^n'S* be
granted shall be received to establish the service of such SiirclsVouTp-
ofQcer or soldier in his application for bounty land; and go\jj^t^.*i^J^{| ^^^
upon proof of his identity as such pensioner, a warrant may 14 May i856 c
be issued to him for the quantity of land to which he is en- 16. 8ec.2,V. li'.p.
titled; and in case of the death of such pensioned officer
or soldier, his widow shall be entitled to a warrant for the
same quantity of land to which her husband would have
been entitled, if living, upon proof that she is such a widow;
and in case of the death of such officer or soldier, leaving a
minor child and no widow, or where the widow may have de-
ceased before the issuing of any warrant, such minor child
shall be entitled to a warrant for the same quantity of land
as the father would have been entitled to receive if living,
upon proof of the decease of father and mother. But if,
upon a review of such evidence, the Commissioner of Pen-
sions is not satisfied that the pension was properly granted,
he may require additional evidence, as well of the term as of
the fact of service.

Sec. 2436. All sales, mortgages, letters of attorney, or saies, mort-
other instruments of writing, goingto affect the title or claim attorney, &c.,

-, XI- 1 11 J. ^ made before issue

to any warrant issued, or to be issued, or any land granted, of warrant to bo
or to be granted, under the preceding provisions of this ^'"]^;^
chapter, made or executed prior to the issue of such war- 85, sec. 4, v. 9, p.
rant, shall be null and void to all intents and purposes what- Also 11 Feb.,
soever ; nor shall such warrant, or the land obtained thereby, see ordinance
be in anywise affected by, or charged with, or subject to, see^Ict20Apr.,
the payment of any debt or claim incurred by any officer or 2' varkms con-
soldier, prior to the issuing of the patent. ^^See^fcTeVay,

1812, sec. 4.

Sec. 2437. It shall be the duty of the Commissioner of warrants to be
the General Land-Office, under such regulations as may be expense by com-
prescribed by the Secretary of the Interior, to cause to be Eami office, &c.
located, free of expense, any warrant which the holder may 28Sept.,i85o,c.
transmit to the General Land-Office for that purpose, in 5?!.^*^''' ^' ^' ^' ^
such State or land-district as the holder or warrantee may 2o^May,T?85.*"*^^^
designate, and upon good farming-land, so far as the sameigoe^^gecs^^f'a!
can be ascertained from the maps, plats, and field-notes of ^^liilg acu.****"'
the surveyor, or from any other information in the posses- igfj^eclVay'

624 BOUNTY-LAND LAWS.

sion of the local office, and, upon the location being made,
the Secretary shall cause a patent to be transmitted to such
warrantee or holder.

Deserters not Seo. 2438. No pcrsou who has been in the military serv-

CQ titled to boun-

tyiand. ice of the United States shall, in any case, receive a bounty-

28 Sept., 1850, c. land warrant if it appears by the muster-rolls of his regi-
520.**^' '* '^* ment or corps that he deserted or was dishonorably dis-

3 Mar., 1855, c. , . „ ^ .

207, sec. 1, V. 10. charged from service.

p. 701.
11 Feb., 1847, sec. 9; 24 Dec, 1811, seo. 2, and other acts.

Lost warrants, Sec. 2439. When a soldier of the Regular Army, who has

provisions for. , ,1 1

-~r- — obtained a military land-warrant, loses the same, or such

27 Apr.j 1816,

c. 127, sec. 1, V. 3, warrant is destroyed by accident, he shall upon proof
^' thereof, to the satisfaction of the Secretary of the Interior,

be entitled to a patent in like manner as if the warrant was

produced.

Discharges, Sec. 2440. In all cases of discharge from the military

omissions, and *^ /. i -f->

loss of, provided scrvicc of the United States of any soldier of the Eegular
'„ , ., Army, when it appears to the satisfaction of the Secretary

27 April, 1810, ^^ 7 iri.

o. 127, sec. 2, v. 3, of War that a certificate of faithful services has been omitted
by the neglect of the discharging officer, by misconstruc-
tion of the law, or by any other neglect or casualty, such
omission shall not prevent the issuing of the warrant and
j)atent as in other cases. And when it is proved that any
soldier of the Regular Army has lost his discharge and cer-
tificate of faithful service, the Secretary of War shall cause
such papers to be furnished such soldier as will entitle him
to his land- warrant and patent, i)rovided such measure is
justified by the time of his enlistment, the period of service,
and the report of some officer of the corps to which he was
attached.

New warrant Sec. 2441. Whenever it appears that any certificate or
iMt waj?ant." °' Warrant, issued in pursuance of any law granting bounty-
"~^june, 1860,0. land, has been lost or destroyed, whether the same has been
203^seo. 1, V. 12, ^^i^ .^^^^^ assigucd by the warrantee or not, the Secretary of
the Interior is required to cause a new certificate or war-
' rant of like tenor to be issued in lieu thereof; which new
certificate or warrant may be assigned, located, and pat-
ented in like manner as other certificates or warrants for
bounty-land are now authorized by law to be assigned, lo-
cated, and patented ; and in all cases where warrants have
been, or may be, reissued, the original warrant, in whos-
ever hands it may be, shall be deemed and held to be null
and void, and the assignment thereof, if any there be,
V fraudulent ; and no patent shall ever issue for any laud

BOUNTY-LAND LAWS. 625

located therewith, unless such presumption of fraud in the
assignment be removed by due proof that the same was
executed by the warrantee in good faith and for a valuable
consideration.

Sec. 2442. The Secretary of the Interior is required to„Keff"^»tio5sby

•^ ^ Secretary of In-

prescribe such regulations for carrying the preceding sec- tenor.

tion into effect as he may deem necessary and proper, in 2.3 June, iseo,

order to protect the Government against imposition and 12, p. 91.

fraud by persons claiming the benefit thereof; and all laws

and parts of laws for the punishment pf frauds against the

United States are made applicable to frauds under that

section.

Sec. 2443. In all cases where an officer or soldier of the. ^^de of issa-

ing patents to the

revolutionary war, or a soldier of the war of eighteen heirs of persons

•^ ' " entitled to bouu<

hundred and twelve, was entitled to bounty-land, has died ty-iands.
before obtaining a patent for the land, and where applica- 3 Mar., 1843.

*• ^ res. No. 7, v. 6, p.

tion is made by a part only of the heirs of such deceased eso.
officer or soldier for such bounty-land, it shall be the duty
of the Secretary of the Interior to issue the patent in the
name of the heirs of such deceased officer or soldier, with-
out si)ecif}ing each; and the patent so issued in the name
of the heirs, generally, shall inure to the benefit of the
whole, in such portions as they are severally entitled to by
the laws of descent in the State or Territory where the
officer or soldier belonged at the time of his death.

Sec. 2444. When proof has been or hereafter is filed in^^^^^fj'^f ^^^^^™;
the Pension Office, during the lifetime of a claimant, estab- lisWng right and

' ^ ' before issuing of

lishing, to the satisfaction of that office, his right to a war- warrant.
rant for military services, and such warrant has not been, or 3 June, isss, c.
may not be, issued until after the death of the claimant, 308.
and all such warrants as have been heretofore issued sub- 1847, sec. 9.
sequent to the death of the claimant, the title to such war- issoTsec 3. ^^ '
rants shall vest in his widow, if there be one, and if there
be no widow, then in the heirs or legatees of the claimant;
and all military bounty-land warrants issued pursuant to
law shall be treated as personal chattels, and may be con-
veyed by assignment of such widow, heirs, or legatees, or
by the legal representatives of the deceased claimant, for
the use of such heirs or legatees only.

Sec. 2445. The legal representatives of a deceased claim- j^^^^^^^^pJ*^^^
ant for a bounty -land warrant, whose claim was filed prior J^^ai representa-
to his death, may file the proofs necessary to perfect such "^ Mar. i869 0.

claim. I38,v.l5;'p.336. *

701a vm-

626 BOUNTY-LAND LAWS.

Relocation of gj^c. 2446. Where an actual settler on the public lands

tDilitarv bounty-

land warrants in has souffht, or hereafter attempts, to locate the land settled

cases of error. 07 x 7

-— — " on and improved by him, with a military bounty-land war-

6.i47,8ec.'i,v.ioirant, and where, from any cause, an error has occurred in

p. 256. ' 7 J 7

making- such location, he is authorized to relinquish the
land so erroneously located, and to locate such warrant
upon the land so settled upon and improved by him, if the
same then be vacant, and if not, upon any other vacant
land, on making proof of those facts to the satisfaction of
the land-of&cers, according to such rules and regulations
as may be prescribed by the Commissioner of the General
Land-Office, and subject to his final adjudication.

Claims barred Qec. 3480. It Shall be uulawful for any officer to pay any
— account, claim, or demand against the United States which

Joint resolution ' . . 1.. it/.a •!•■.

2 Mar., 1867. accrucd or existed prior to the thirteenth day of April, eight-
een hundred and sixty-one, in favor of any i)erson who pro-
moted^ encouraged, or in any manner sustained the late re-
bellion, or in favor of any person who during such rebeUion
was not known to be opposed thereto, and distinctly in favor
of its suppression ; and no pardon heretofore granted, or
hereafter to be granted, shall authorize the payment of
such account, claim or demand, until this section is modified
or repealed. But this section shall not be construed to
prohibit the payment of claims founded upon contracts made
by any of the departments, where such claims were assigned
or contracted to be assigned prior to the first day of April,
eighteen hundred and sixty-one, to the creditors of such con-
tractors, loyal citizens of loyal States, in payment of debts
incurred prior to the first day of March, eighteen hundred
and sixty-one.

fei^erffidavitfnd Sec. 4746. Every person who knowingly or willfully in

ronchefa^lc. °^anywise procures the making or presentation of any false
3 Mar.. 1873. c . ^^ fraudulent affidavit concerning any claim for pension, or

234,^8M. 33, T. 17, payment thereof, or pertaining to any other matter tcithin the
jurisdiction of the Commissioner of Pensions, or who know-
ingly or willfully presents, or causes to be presented, at any
pension agency any power of attorney or other paper re-
quired as a voucher in drawing a pension, which paper bears
a date subsequent to that on which it was actually signed or
executed, shall be punished by a fine not exceeding five
hundred dollars, or by imprisonment for a term not exceed-
ing three years, or by both.

corarnissioner Sec. 4748. That the Commissioner of Pensions, on appli-

tofnmish printed , , ... t_ij.xi —

instructions, free cation bciug made to him m person, or by letter, by any
'1^:^^:!E2: claimant or applicant for pension, bounty -laud, or other

«oj ™» _ c'to* «n/-w«Tr.r«rt« ■nr^r, tt I r*r%^A V\fT 1 ITT frk V»n OrlillHfArl CtV Tlfl.id Yw tllP,

BOUNTY-LAND LAWS. 627

Pension Office, shall furnish such persons, free of all expense,
all such printed instructions and forms as may be necessary
in establishing and obtaining said claim; and on the issu-
ing of a certificate of pension or of bounty -land warrant,
he shall forthwith notify the claimant or applicant, and also
the agent or attorney in the case, if there be one, that such
certificate has been issued, or allowance made, and the date
and amount thereof.

Sec. 5420. Every person who falsely makes, alters, forges, ^J^f^?f^ ^^^-
or counterfeits any military bounty-land warrant or military passing military

'' . ^ . . . . , bounty-land war-
bounty-land warrant certificate issued or purporting to have rants.

been issued by the Commissioner of Pensions under any act s Feb., 1859, «.
of Congress, or any certificate of location of any military
bounty-land warrant, or any duplicate thereof, or military
bounty-land warrant certificate upon any of the lands of the
United States, or any certificate of the purchase of any of
the lands of the United States, or any duplicate certificate
of the purchase of any of the lands of the United States, or
any receipt for the purchase-money of any of the lands of the
United States, or any duplicate receipt for the purchase-
money of any lands of the United States, issued or purport-
ing to have been issued by the register and receiver at any
land-office of the United States, or by either of them, or who
passes, utters, or publishes as true any false, forged, or
counterfeited military bounty-land warrant, military bounty-
land warrant certificate, certificate of location, or duplicate
certificate of location, certificate of purchase, duplicate cer-
tificate of purchase, receipt or duplicate receipt for the
purchase-money of any of the lands of the United States,
knowing the same to be false or forged, shall be imprisoned
at hard labor not less than three years nor more than ten
years.

Sec. 5421. Every person who falsely makes, alters, forges, J^lf^f ^*jj:

or counterfeits, or causes or procures to be falsely made, ney. &o.

altered, forged, or counterfeited, or willingly aids or assists 8 Mar., 1823,0.

■ 38, 860. 1, V, 8, p.

in the false making, altering, forging, or counterfeiting, any 771.
deed, power of attorney, order, certificate, receipt, or other
writing, for the purpose of obtaining or receiving, or of ena-
bling any other person, either directly or indirectly, to obtain
or receive from the United States, or any of their officers or
agents, any sum of money, or who utters or publishes as true,
or causes to be uttered or published as true, any such false,
forged, altered, or counterfeited deed, power of attorney,
order, certificate, receipt, or other writing, with intent to
defraud the United States, knowing the same to be false,

628 BOUNTY-LAND LAWS.

altered, forged, or counterfeited, or who transmits to, or
presents at, or causes or procures to be transmitted to, or
presented at, any office or officer of the government of the
United States any deed, power of attorney, order, certificate,
receipt, or other writing in support of, or in relation to, any
account or claim, with intent to defraud the United States,
knowing the same to be false, altered, forged, or counter-
feited, shall be imprisoned at hard labor for a period of not
less than one year nor more than ten years, or shall be im-
prisoned not more than five years and fined not more than
one thousand dollars.

Attorney for Sec. 5485. Auv agent or attorney, or any other person

penHions de- ,. . -, . n • i.

manding more instrumental lu prosccutiug any claim lor pension or bounty-

&c*!° *^* ^' land, who shall directly or indirectly contract for, demand,

3 Mar., 1873, c. or rcccivc or retain any greater compensation for his services,

234, sec. 31, V. 17, . ^ . T^ . J.' 1 • ^

p. 675. or instrumentality in prosecuting a claim for pension or

bounty -land than is provided in the title pertaining to pen-
sions, or who shall wrongfully withhold from a pensioner or
claimant the whole or any part of the pension or claim
allowed and due such pensioner or claimant, or the land-
' warrant issued to any such claimant, shall be deemed guilty
of a high misdemeanor, and, upon conviction thereof, shall
for every such offense be fined not exceeding five hundred
dollars, or imprisonment at hard labor not exceeding two
years, or both, at the discretion of the court.

ADDENDA

PENSION LAWS, INCLUDING REVISED STATUTES, ENACTED
SINCE MARCH 4, 1861, AND SINCE

REFE^LED

ADDENDA

LAWS ENACTED SINCE MARCH 4, 1861, AND SINCE REPEALED.

Five Years' Limitation.

Sec. 4709. All pensions which have been, or which may Repealed by
hereafter be, granted in consequence of death occurring Jgm ^^ ^ ^^^"
from a cause which originated in the service since the fourth se'c. 15, 3 Mar J
day of March, eighteen hundred and sixty-one, or in couse-^^gec. 5,14 juiy,
quence of wounds or injuries received or disease contracted ^^f^^ g 4 j„iy
since that date, shall commence from the death or discharge ^^|ec.i3 6 Juue
of the person on whose account the claim has been, or is^^gg^, g 27 jniy
hereafter, granted, or from the termination of the right of ^1^^^^^^^^^^^^^^^
party having i^eior title to such pension 5 provided the ap- acts 25 jan^.
plication for such pension has been or is hereafter filed with
the Commissioner of Pensions within five years after the
right thereto has accrued ; otherwise the pension shall com-
mence from the date of filing the last evidence necessary to
establish the same. But the limitation herein j)rescribed
shall not apply to claims by or in behalf of insane persona
and children under sixteen years.

When right to pension accmed.

Sec. 4710. In construing the preceding section, the right Jt?2Tj?i?!TDd
of persons entitled to pensions shall be recognized as accru- ^ ^e^!'i6? Mar.,
ing at the date therein stated for the commencement of such ^^^^-^ jj ^ j^^^^
pension, and the right of a dependent father or dependent i^ee.
brother to pension shall not in any case be held to have ac-
crued prior to the sixth day of June, eighteen hundred and
sixty-six ; and the right of all other classes of claimants, if
applying on account of the death of a person who was regu-
larly mustered into the service, or regularly employed in the
Navy or upon the gunboats or war vessels of the United jiSy?i862. ^°' ^*
States, shall not be held to have accrued prior to the four-
teenth day of July, eighteen hundred and sixty-two ; if ap-
plying on account of a chaplain of the Army, their right shall
not be held to have accrued prior to the ninth day of April, jg^^ ^' * ^p' '
eighteen hundred aud sixty-fourj if applying on account of

681

632 PENSION LAWS REPEALED.

an enlisted soldier who was not mustered, or a non-enlisted
imT' ^' * '^^^^' ™^° ^° temporary service, their ri^rht shall not be held to

Sec. 2, 3 Mar., have accrued prior to the fourth daj^ of July, eighteen hun-
^**^' dred and sixty-four ; if applying on account of an acting

assistant or contract surgeon, their right shall not be held
to have accrued prior to the third day of March, eighteeu
hundred and sixty-five j if applying on account of i)ersons
enlisted as teamsters, wagoners, artificers, hospital-stewards.

Sec. 10, 6 June, or farricrs, their right shall not be held to have accrued prior
to the sixth day of June, eighteeu hundred and sixty-six ;
and the right of all classes of claimants applying on account
of a provost-marshal, deputy i^rovost-marshal, or enrolling-

Sec. 1,25 July, officer, shall not be held to have accrued prior to the twenty-
fifth day of July, eighteen hundred and sixty-six. But the
right of a widow or dependent mother who married prior,
and did not apply till subsequent to the twenty seventh day

Sec. 10. 25 July, of July, eighteen hundred and sixty-eight, shall not be held
to have accrued prior to that date.

Claims to be prosecuted within five years.

ifc^an^mo^**'^ Sec. 4717. No claim for pension not prosecuted to a suc-
j Sec. 24, 3 Mar,, (jeggfui jggue within five years from the date of filing the
|fc- 6, 4 July, same shall be admitted without record-evidence from the
Sec. 11, 27 July, War or Navy Department of the injury or the disease which
See act 3 Mar., rcsultcd ill the disability or death of the person on whose
account the claim is made : Provided^ That in any case in
which the limitation prescribed by this section bars the fur-
ther prosecution of the claim, the claimant may present,
through the Pension Office, to the Adjutant- General of the
Army or the Surgeon-General of the Navy, evidence that
the disease or injury which resulted in the disability or
death of the person on whose account the claim is made
originated in the service and in the line of duty ; and if
such evidence is deemed satisfactory by the officer to whom
it may be submitted, he shall cause a record of the fact so
proved to be made, and a copy of the same to. be transmit-
ted to the Commissioner of Pensions, and the bar to the
prosecution of the claim shall thereby be removed.

Biennial examinations.

Repeaiedbyact Sec. 4771. In all cascs of application for the payment of
^s^rs^.^^Mar., pcusions to invalid pensioners to the fourth day of Septem-
^^. 1,3 Mar., bcr ^^ ^1 odd year, the certificate of an examining sur-
'^s^'c. 2,3 Mar., g^^u, duly appointed by the Commissioner of Pensions or
^^0 1 4 July of a surgeon of the Army or Navy, stating the continuance

1864. ' ' ■ ' - - -

1862

stcs 14 July <>^the disability for which the pension was originally grant-

PENSION LAWS REPEALED. 633

ed, describing it, and the degree of such disability at the
time of making the certificate, shall be required to accom-
pany the vouchers, and a duplicate thereof shall be filed in
the ofiice of the Commissioner of Pensions; and if in a
case of continued disability it shall be stated at a degree
below that for which the pension was originally granted or
was last paid, the pensioner shall only be paid for the quar-
ter then due at the rate stated in the certificate. But where
the pension was originally granted for a disability in conse-
quence of the loss of a limb or other essential portion of the
body, or for other cause, which cannot, either in whole or in
part, be removed, or when a disability is certified, by compe-
tent examining surgeons, to the satifaction of the Commis-
sioner of Pensions, to have become permanent in a degree
equal to the whole rate of pension, the above certificate shall
not be necessary to entitle the pensioner to payment.

Sec. 4772. Nothing in the preceding section shall be con- More frequent

f^ ^ >=> examination.

strued to prevent the Commissioner of Pensions from re- Repealed. (See

. appropriation act

quiring a more frequent examination, if, in his judgment, it '4 June, i879.)

^ " ^ 7 J J o 7 Sec. 34, 3 Mar.,

is necessary. i873.

Sec. 4773. The biennial certificate of two unappointed ^J^c- 8.4J"iy.
civil surgeons shall not be accepted in any case, except upon . Biennial exam-

'^ *■ c/ 7 J. 1 inations by unap-

satisfactory evidence that an examination by a commis- pointed civil
sioned or duly appointed surgeon is impracticable. Repealed. (See

appropriation act
21 June, 1879.)

Boards of Examining Surgeons. ^g^^'- ^' * '^"^y-

Sec. 4774. The Commissioner of Pensions is authorized gee. 36, 3 Mar.,
to organize, at his discretion, boards of examining surgeons, ^^gg,. g 4 jj^j^
not to exceed three members, and each member of a board ^^operseded by
thus organized, who is actually present and makes, in con- Jgg*' ^^'^ ^^ ^"^^
nection with other members or member, an ordered or peri-
odical examination, shall be entitled to the fee of one dol-
lar, on the receipt of a proper certificate of such examina-
tion by the Commissioner of Pensions.

Compensation of Pension Agents.

Sec. 4781. Agents for paying pensions shall receive two See. 2, 20 Feb.,
per centum on all disbursements made by them to pension- Resolution, 17
ers. There shall be allowed, however, over and above such Act 30* June,
compensation, to every pension-agent disbursing fifty thou-
sand dollars annually, not exceeding five hundred dollars a
year for clerk-hire, oflice-rent, and ofi&ce-expenses ; to every
agent disbursing one hundred thousand dollars annually,
not exceeding seven hundred and fifty dollars a yearj and

634 PENSION LAWS REPEALED.

for every fifty tbousand dollars additional, not exceeding
two hundred and fifty dollars a year for like purposes. But
in no case sball the aggregate amount of compensation to
any one agent paying both Army and Kavy pensions, ex-
ceed four thousand dollars a year.

Additional ai- Sec. 4782. lu addition to the compensation allowed in this
**sec! 4, 8 July, Title, cach pension-agent shall be allowed, as full compen-

see appropria sation . for all scrvice, including postage, required by the
tmn act 20 June, ppQyjgiQug ^f scctious fortyscven hundred and sixty-four
^^Act 23 Mar., ^^^ forty-scveu hundred and sixty-five, the sum of thirty
Jn1js'i884. ^^'^ * cents, and no more, for each voucher prepared and paid by
1885?^ ^ ^^^'' b^^y which amount shall be paid by the United States.

Sec. 1, act 4 AN ACT making appropriations for the payment of invalid and other
A^t 3 Mar pensions of the United States for the year ending June thirtieth,
1885. eighteen hundred and seventy-five.

Provided further, That the fees for preparing vouchers
and administering oaths, which are now by -law thirty cents
in each case, shall hereafter be twenty-five cents for the
same and no morei

Approved, June 20, 1874.

Fees of agents and attorneys.

actl^jni^isw** -^^ ^^ enacted by the Senate and Rouse of Representatives of
the United States of America in Congress assembled, It shall
be unlawful for any attorney, agent,, or other person to de-
mand or receive for his services in a pension case a greater
sum than ten dollars. No fee contract shall hereafter be
filed with the Commissioner of Pensions in any case. In
pending cases in which a fee contract has heretofore been
filed, if the pension shall be allowed, the Commissioner of
Pensions shall approve the same as to the amount of the
fee to be paid at the amount specified in the contract. Sec-
tions forty-seven hundred and sixty-eight, forty-seven hun-
dred and sixty-nine and forty-seven hundred and eighty-six
of the Revised Statutes shall not apply to any case or claim
hereafter filed, nor to any pending claim iu which the claim-
^ ant has not been represented by an agent or attorney prior
to the passage of this act.
Sec. 4786 re- Sec. 2. Scctiou forty-seveu hundred and eighty-five of

amended by act the Rcviscd Statutes is hereby repealed.

4 Jidy, \m.

Act approved June 20, 1878.

PENSION LAWS REPEALED. 635

Artificial limbs.
Sec. 4789. The Surgeou General sball certify to the Com- Sec. 2.17 Jane,

- • /.-r^ . 1. , /. ,, ,-.. , , . 1870. superseded

missioner of Pensions a list of all soldiers wlio elect to receive by sec. 1, 15
money-commutation instead of limbs or apparatus, with the
amount due to each, and the Commissioner of Pensions shall
cause the same to be paid to such soldiers m the same man-
ner as pensions are paid.

Disloyalty.

Be it enacted by the Senate and House of Representatives of Persons en-
tlie United States of America hi Congress assembled, Thatfiol^obestrick-
the Secretary of the Interior be, and he is hereby, author- sfon-JSis. ^ ^^"
ized and directed to strike from the pension-rolls the names "Repealed so far
of all such persons as have or may hereafter take up arms plrsons^eiSon^
against the Government of the United States, or who have service *^Tn"*thI
in any Inanner encouraged the rebels, or manifested a sym- Service ^n^fny o*t-
pathy with their cause. *^seS.^f e^'act

Act approved February 4, 1862. ^ j.^ii.TMar.

1867.

Resolved, That until otherwise ordered it shall be unlawful prohibiting the
for any officer of the United States Government to pay any Se^an*dr^&"^
account, claim, or demand against said Government which ernment!exiSin^g
accrued or existed prior to the thirteenth of April, eighteen ffi|^in^fev^r^of
hundred and sixty-one, in favor of any person who promoted, f^^^any maSle?
encouraged, or in any manner sustained the late rebellion, ^°^®J^^}gJg^,f^j.
or in favor of any person who, during said rebellion, was^^JJ^^^^^f^gJ^^'J
not known to be opposed thereto, and distinctly in favor of?ount"of seJvice^s
its suppression; and no pardon heretofore granted, or here- J" Y^r of 1812,
after to be granted, shall authorize the j^ayment of such ac- Indian wars.
count, claim, or demand, until this resolution is modified or
repealed : Provided, That this resolution shall not be con- g^^ g^cs. 5, 6,
strued to prohibit the payment of claims founded upon con- *^sec.47i6,''R s^
tracts made by any of the Dei)art.ments, where such claims ^®®- ^^^ ^- ®'
were assigned or contracted to be assigned prior to April
first, eighteen hundred and sixty-one, to creditors of said
contractors, loyal citizens of loyal States, in payment of
debts incurred prior to March first, eighteen hundred and
sixty-one.

Joint resolution approved March 2, 1867.

Invalids not entitled to pensions while drawing full pay from
the Government.

Be it enacted by the Senate and House of Representatives of Repealed by
the United States of America in Congress assembled, Thatnoe^gee^***' ^°*
invalid pensioner, now or hereafter in the service of theR.^I***' *^^'

636 PENSION LAWS REPEALED.

United States, shall be entitled to draw a pension for any
period of time during which he is or shall be entitled to the
full pay or salary which an able-bodied person discharging
like duties to the Government is allowed by law.

♦ * ♦ * # # #

Act approved March 3, 1865.

[Note.— Pensions withheld under this act between March 3, 1865, and
June 6, 1866, were restored by act of March 1, 1879.]

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