j$pEerl U B 373 (3-1571) M9 1912. LAWS OF THE UNITED STATES GOVERNING THE GRANTING OF ARMY AND NAVY PENSIONS TOGETHER WITH THE REGULATIONS RELATING THERETO COMPILED UNDER THE DIRECTION OF THE COMMISSIONER OF PENSIONS AND PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 4748, REVISED STATUTES JAMES L. DAVENPORT, Commissioner of Pensions UC-NRLF 7? WASHINGTON GOVERNMENT PRINTING OFFICE 1912 (3-1571) LAWS OF THE UNITED STATES GOVERNING THE GRANTING OF ARMY AND NAVY PENSIONS TOGETHER WITH THE REGULATIONS RELATING THERETO COMPILED UNDER THE DIRECTION OF THE COMMISSIONER OF PENSIONS AND PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 4748, REVISED STATUTES JAMES L. DAVENPORT, Commissioner of Pensions WASHINGTON GOVERNMENT PRINTING OFFICE 1812 373 AUTHORITY FOR PUBLICATION. SEC. 4748. That the Commissioner of Pensions, on application being made to him in person, or by letter, by any claimant or applicant for pension, bounty- land, or other allowance required by law to be adjusted or paid by the Pension Office, shall furnish such person, free of all expense, all such printed instruc- tions and forms as may be necessary in establishing and obtaining said claim ; and on the issuing of a certffieate of penek)ft er]of a bounty-land warrant, he shall forthwith notify the claimant or applicant, .and also the agent or attorney in the case, if there be one, ihat -sulj oertifieate ha$ been issued, or allowance made, and the date and 'amount .thereof, i : . . .'' . ' ii CONTENTS. INDEX TO GENERAL TITLES. Page. CHAP. I. Administrative organization 1 II. Pensions based on service prior to March 4. 1861 13 III. Invalid pensions based on service since March 4, 1861 31 IV. Pensions to widows and dependent relatives based on service since March 4, 1861 61 V. Navy and privateer pension fund 75 VI. Applications and attorneys 79 VII. Physical examinations 109 VIII. Pension agents and payment of pensions 113 IX. Miscellaneous statutes and tables of rates _ 133 X. Criminal law and procedure 153 XI. Regulations and instructions relating to pension claims 183 Index 207 SERIAL INDEX OF REVISED STATUTES. Sec. 169. Departmental employees, appointment 1 173. Chief clerks, duties of 3 174. Chief clerks to administer oaths 3 178. Vacancies in subordinate offices 2 179. President's discretionary power to fill vacancies 3 183 (amended by act Mar. 2, 1901, and act Feb. 13, 1911). Investigation of misconduct, etc., of officer or agent of the Government ; oaths__ 5 184 (amended by act July 25, 1882). Subpoenas to witnesses 5 185. Witness fees in official investigations 6 186. Process to enforce obedience to subpoena 6 187. Professional assistance; how obtained 6 190. Prohibition against former executive department employees 84 224. Loss of certificate of discharge, duplicate not evidence in any claim against the United States 137 437. Department of the Interior, creation of 1 441. Secretary of the Interior, jurisdiction of 1 470. Commissioner of Pensions, appointment of, salary 2 471. Commissioner of Pensions, duties of 472. Deputy Commissioner of Pensions, appointment, etc 2 474. Clerks to investigate attempts at fraud 4 1044. Statute of limitation 182 1045. Fleeing from justice. 182 1656. Widows' and minors' half-pay pensions 16 1657. Invalid pensions for Florida Indian War 15 1750. Execution of pension papers before consular officer; penalty for perjury i 163 ni jvi83565 IV CONTENTS. Sec. Page. 1757. Form of oath to be taken by officer 85 1778. Notaries and United States commissioners may administer oaths__ 82 1781 (now sec. 112, Criminal Code). Member of Congress taking con- sideration for procuring offices 168 1782 (now sec. 113, Criminal Code). Members of Congress prohibited from taking compensation in claims; penalty 168 1784. Presents, etc., to superiors prohibited 1980. Conspiracy to prevent accepting or holding office; civil liability 170 1981. Action for neglect to prevent conspiracy 171 2064. Acknowledgments before Indian agents 82 2757. Revenue cutters to cooperate with Navy 33 3478. Claim agents to take oath, etc 84 3479. Who may administer oaths 85 3490. Civil liability of person making false claim 158 3491. Suits against such persons 158 3492. District attorney; duty of, in such cases 158 3493. Rights of persons prosecuting 159 3494. Limitation of suit 159 3646 (amended by act Feb. 23, 1909). Issue of duplicate checks 118 3647 (amended by act Feb. 23, 1909). Duplicate check, when officer who issued it is dead 118 3679 (amended by act Feb. 27, 1906). Expenditure in excess of appro- priation forbidden and acceptance of voluntary service prohib- ited, except, etc 176 4692. Pensions for disabilities incurred since March 4, 1861 32 4693. Persons entitled to pension enumerated 32 4694. Limitation in case of disability incurred since July 27, 1868 42 4695. Rate prescribed for total disability in accordance with rank 42 4696. Rank when disability incurred governs rate 43 4697. Rates of pension for permanent and specific disabilities prior to June 4, 1872 50 4698. Rates of pension for permanent and specific disabilities subsequent to June 4, 1872 51 4698. Increase of pension for nonspecific disabilities ; commencement 57 4699. Divisible rate ($18) ; nonspecific disabilities 57 4700. Line of duty 42 4701. Termination of service 145 4702 (amended by act Aug. 7, 1882). Widows and minor children, when entitled 61 4703. Increase to widow on account of minor child; period of payment- 63 4704. Legitimacy of children 66 4705. Widows of colored and Indian soldiers; marriage; legitimacy of children 67 4706. Abandonment by widow of minor child or children forfeits pension ; date of commencement to minor 67 4707. Dependent relatives ; succession of title ; commencement ; rate and termination of pension 67 4708. Marriage, effect of, in the case of a widow, dependent mother, or dependent sister pensioner 70 4712. Anterebellion rates to be varied by subsequent laws 17 4713. Commencement of anterebellion pensions 18 4714. Execution of declarations, etc . 80 4715. Two pensions not allowable; right of election 134 CONTENTS. V Sec. Page. 4716. Disloyalty bar to pension 135 4719. Pension terminated by three years' failure to claim ; restoration. __ 131 4720. Rate, commencement, and duration of pension granted by special act of Congress; authority to suspend vested in Commissioner of Pensions 134 4721. Execution of papers in Indian claims 82 4722. Missouri militia ; pensions for survivors, their widows and minors 33 4723. Colored soldiers, " slaves," given pensionable status 34 4724. Both invalid pension and pay of rank not. allowable, unless, etc___ 136 4725, 4726, 4727. Half -pay to widows and children, old war ; commence- ment 16, 17 4728. Navy, invalid pensions prior to March 4, 1861 15 4729. Navy widow pensions prior to March 4, 1861 15 4730. Mexican War; invalid pensions 23 4731. Mexican War ; pensions for widows and children 24 4732. War of 1812 and various Indian wars, pensions for widows and minor children 16 4733. Continuance of pension to certain persons 137 4734. Pension not to be withheld, etc 137 4735. Widow not to draw pension over same period as husband 73 4741. Seamen on revenue cutter cooperating with Navy; disabled, status of 33 4744 (amended by act July 25, 1882). Commissioner of Pensions to detail clerks to make special investigations into merits of claims, etc 4 4745 (amended by act Feb. 28, 1883). Pledge or transfer of pension void, etc 175 4746 (amended by act July 7. 1898). False affidavits and post-dating vouchers ; penalty 159 4747. Pension not liable to attachment, etc 131 4748. Printed forms and instructions to be furnished free to applicants and claimants for pension 79 4749. Certain soldiers and sailors not to be deemed deserters 138 4750. Navy pension fund ; trustee 75 4751. Navy pension fund; certain penalties to be paid into 75 4752. Navy pension fund; prize money to constitute 75 4753. Navy pension fund; investment of 76 4754. Rate of interest 76 4755. Navy pensions payable from fund 76 4758. Half-pay pension for 20 years' service in Navy 76 4757. Pension for 10 years' service in Navy 77 4758. Privateer pension fund; trustee 77 4759. Privateer pension fund, how derived 77 4760. Privateer pension fund; to be paid into Treasury 78 4761. Disabled privateersmen placed on pension list 78 4762. Commanding officers of privateers to enter names of wounded or dis- abled officers and seamen in journal 78 4763. Transcript of journals to be transmitted to Secretary of the Navy 78 4764 (amended by act Mar. 3, 1891). Pension agents to send quarterly voucher to each pensioner, etc 116 4765. Check to be drawn to order of pensioner upon receipt of satisfactory voucher 117 4766 (amended by act Aug. 8, 1882, and act Mar. 3, 1899). Payment of pension ; to be made only to persons entitled, except, etc 119 VI CONTENTS. Sec. Page. 4767. Vouchers, blank forms of, to be prepared and furnished to pension agents ; notice 116 4768. Pension certificate, etc., to be forwarded to pension agent 85 4769. Attorney fees to be paid by pension agent 85 4775. Special medical examinations 110 4776. Medical referee ; examining surgeons ; appointment of 109 4777. Civil examining surgeons, appointment of 109 4778 (amended by act Mar. 8, 1878). Pension agents, appointment and term of office 114 4779. Pension agent's bond 114 4780. Pension agencies, establishment of 114 4783 (amended by act Feb. 10, 1891). Embezzlement of pension money by guardian, etc., penalty 178 4785 (amended by act July 4, 1884). Fees of agents and attorneys 86, 173 4786 (amended by act July 4, 1884). Articles of agreement, agents and attorneys 86 4813 (amended by act May 4, 1898). Naval Home in Philadelphia, etc., payment of pensions of inmates, etc 122 4820. Rights of pensioned inmates of Soldiers' Home, Washington, D. C__ 121 4839. Government Hospital for the Insane, superintendent and disbursing officer, duties of 128 4851. Government Hospital for the Insane, insane persons charged with crime to be admitted 156 4855. Delivery of insane criminals restored to sanity 156 5390 (now sec. 146, Criminal Code). Misprision of felony 181 5392 (now sec. 125, Criminal Code). Perjury 163 5393 (now sec. 126, Criminal Code). Subornation of perjury 165 5396. Form of indictment for perjury 165 5397. Indictment for subornation of perjury 166 5403 (now sec. 128, Criminal Code). Destroying, etc., public records 180 5408 (now sec. 129, Criminal Code). Destroying, etc., records by officer in charge 180 5414 (now sec. 148, Criminal Code). Forgery, counterfeiting United States securities, etc 162 5418 (now sec. 28, Criminal Code). Forging public record, etc 161 5421 (now sec. 29, Criminal Code). Forging deed, power of attorney, etc 161 5422 (now sec. 30, Criminal Code). Having forged papers in possession- 162 5427 (now sec. 332. Criminal Code). Who are principals 181 5431 (now sec. 151, Criminal Code). Passing, etc., forged securities, etc., of the United States 162 5434 (now sec. 154, Criminal Code). Buying, etc., forged securities, etc., of the United States 162 5435 (now sec. 33, Criminal Code). False personation of persons entitled to pension 177 5436 (now sec. 34, Criminal Code). False demand on fraudulent power of attorney 177 5438 (now sec. 35, Criminal Code). Making or presenting false claim__ 157 5440 (now sec. 37, Criminal Code). Conspiracy to defraud the United States 172 5442 (now sec. 70, Criminal Code). False certification by consular officer 160 5449 (now sec. 131, Criminal Code). Bribery of judge, officer to hear testimony, etc 169 CONTENTS. VII Sec. Page. 5450 (now sec. Ill, Criminal Code). Bribery of Members of Congress 167 5451 (now sec. 39, Criminal Code). Bribery of United States officer 166 5454 (now sec. 40, Criminal Code). Unlawfully taking or using papers relating to claims ,. 179 5456^(now sec. 46, Criminal Code). Larceny of personal property of the United States 179 5479 (now sec. 28, Criminal Code). Forging bond, bid, public record, etc_ 161 5481 (now sec. 85, Criminal Code). Extortion by United States officer.. 180 5483 (now sec. 86, Criminal Code). Receipting for larger sums than are paid 178 5485. Illegal attorney fees 172 5486 (amended by act Feb. 10, 1891). Embezzlement of pension money 178 5487 (now sec. 108, Criminal Code). Pension agent taking fee 175 5491 (now sec. 90, Criminal Code). Failure of officer to render ac- counts, etc 178 5495 (now sec. 94, Criminal Code). Prima facie evidence of embezzle- ment, etc 178 5496 (now sec. 95, Criminal Code). Evidence of conversion 179 5498 (now sec. 109, Criminal Code). Officer not to be interested in claims against the United States ~ 166 5500 (now sec. 110, Criminal Code). Member of Congress, etc., soliciting or accepting bribe 167 5501 (now sec. 117, Criminal Code). United States officer accepting bribe 169 5502 (now sec. 110, Criminal Code). Forfeiture of office 167,169 5518 (now sec. 21, Criminal Code). Conspiracy to prevent accepting or holding office under the United States 170 5533,5535 (now sec. 333, Criminal Code). Punishment of accessories 181 CHRONOLOGICAL INDEX OF STATUTES AT LARGE. Act March 16, 1802, chapter 9. Pensions to the soldiers of the military peace establishment 13 Act April 24, 1816, chapter 68. Rates in invalid pension claims 14 Resolution May 29, 1830 (Pub Res. No. 7). Report to be made to Con- gress in case of meritorious claims not provided for by existing law 135 Act August 3, 1861, chapter 42. Medical cadets, rank, number, and quali- fications 34 Act March 25, 1862, chapter 49. Pensions, etc., to officers and men in the Department of the West or the Department of the Missouri 38 Act March 3, 1863, chapter 78. Each company may have 2 undercooks for each cook, the undercooks to be of African descent 34 Act June 8, 1864, chapter 115. Relief of Second Regiment, Third Brigade, Ohio Volunteer Militia 39 Act March 1, 1869, chapter 59. Relief of Bryson's company, Mounted Volunteers 40 Act July 14, 1870, chapter 278. Relief of Beaty's company of Inde- pendent Scouts 40 Act May 21, 1872, chapter 178. Retention of discharge papers, etc., by attorney or agent 172 Act June 6, 1874, chapter 219. Special-act pensions equalized 134 Act June 18, 1874, chapter 298. Increase of pension for loss of sight of both eyes, both hands, both feet, or other injuries resulting in total helplessness 52 VIII CONTENTS. Page. Act June 18, 1874, chapter 299. Loss of arm at or above elbow, leg at or above knee Act March 3, 1875, chapter 144, now sections 47 and 48, Criminal Code. Embezzlement, stealing, etc., public property _ 179,180 Act March 3, 1875, chapter 253. Pensions for widows, minors, and pendent relatives of soldiers murdered at Centralia, Mo__ 63 Act February 28, 1877, chapter 73. Loss of one hand and one foot, or total disability in the same 54 Act March 3, 1877, chapter 120 (amended by act Aug. 1, 1892). Re- moving bar to pension imposed by section 4716, Revised Statutes, in cases where persons in rebellion afterwards enlisted in the United States Army 135 Act March 3, 1877, chapter 121. Equalizing pensions of certain officers of the Navy 43 Act March 8, 1878, chapter 25 (amending sec. 4778, R. S.). Death of pension agent; vacancy, how filled : 114 Act March 9, 1878, chapter 27. War of 1812; pensions granted on ac- count of service in; false oath deemed perjury; disloyalty not a bar, etc 18, 164 Act June 17, 1878, chapter 261. Loss of both hands or both feet or the sight of both eyes 53 Act June 18, 1878, chapter 268. Certain Navy officers ranked for pen- sionable purposes 43 Act January 25, 1879, chapter 23. Pensions, commencement of ; arrears. _ 58 Act March 1, 1879, chapter 124. Pensioners in civil service ; bar to pay- ment of pension removed 147 Act March 3, 1879, chapter 187. Rate of arrears ; commencement of pen- sion ; limitation as to date of filing claim for pension ; not applicable to insane persons or minors 59 Act March 3, 1879, chapter 198. Amputation of leg at hip joint 54 Act March 3, 1879, chapter 200. Loss of sight of both eyes 53 Act May 17, 1879, chapter 8 (amending sec. 5440, R. S., now sec. 37, Criminal Code). Conspiracy to commit an offense against the United States, etc. ; all liable for acts of one 172 Act June 21, 1879, chapter 34. Biennial examinations abolished; au- thority granted to increase or reduce pensions 110 Act June 9, 1888, chapter 166. Restoring pensions in certain cases 17 Act June 16, 1880, chapter 236. Rate for total helplessness increased in certain cases 52 Act February 26, 1881, chapter 80. Regulating payment of pensions to inmates of National Home for Disabled Volunteer Soldiers 123 Act March 3, 1881, chapter 162. Pensions to wounded or disabled volun- teers who assisted the forces of the United States in Nez Perc Indian war in Montana, and to their widows, etc 39 Act July 25, 1882, chapter 349 : SEC. 2 (amending sec. 4744, R. S.). Commissioner of Pensions to detail clerks to make special investigations into merits of pension claims, etc 4 SEC. 3 (amending sec. 184, R. S.). Subpoenas to witnesses 5 SEC. 4. Examining surgeons, appointment of; organization of boards ; fees 110 SEC. 5. Pension under special act not to be in addition to that allowed by general law unless the act so specifies 134 , CONTENTS. IX Page. Act August 5, 1882, chapter 389. Duties of First and Second Deputy Commissioners of Pensions Act August 7, 1882, chapter 433 : Pensions due inmates of National Home for Disabled Volunteer Soldiers to be paid to treasurers 123 Insane persons from the National Home for Disabled Volunteer Soldiers to be admitted into the Government Hospital for the Insane in the District of Columbia, etc 126 Insane persons charged with crime admitted 157 Act August 7, 1882, chapter 438 (amending sec. 4702, R. S.)- Widows and minors, when entitled, etc 61 Act August 8, 1882, chapter 469 (amending sec. 4766, R. S.) : Payment of pension ; to be made only to person entitled, except, etc. (See also act Mar. 3, 1899) 119 Inspection of pension agencies, etc 4, 119 Act February 28, 1883, chapter 58 (amending sec. 4745, R. S.). Any pledge or transfer of pension void, and the pledge or receipt of the same a misdemeanor 175 J Act March 3, 1883, chapter 91. Increase of pension for loss of one hand or one foot or equivalent incapacity ; and loss of arm at or above elbow or leg at or above knee; total incapacity for manual labor 54 j Act March 3, 1883, chapter 130. Pensioned inmates of Soldiers' Home, Washington, D. C., may allot portion of pension; pension of inmates not allotted to be paid to treasurer of home 122 ; Joint resolution February 1, 1884 (Pub. Res. No. 4). Detail of clerks from the Pension Office to the Pension Committees of the House of Representatives 135 Act April 18, 1884, chapter 26 (now sec. 32, Criminal Code). False pre- sonation of Government officer 177 Act July 4, 1884, chapter 181. Attorney fees in pension cases 86,91,173 Act March 3, 1885, chapter 340 : Soundness at enlistment presumed 60 Pension agents, salaries of 114 Act March 3, 1885, chapter 352. Increase of pension for loss of arm at ^ shoulder joint 55 Act March 19, 1886, chapter 22 : ! Increase in rate of pension to certain widows 62 No attorney fee 62, 91 Act May 15, 1886, chapter 327. Missouri Home Guards; discharge cer- tificates to be issued to members of 138 Act August 4, 1886, chapter 899. Increase of pension for loss of arm or leg, etc 55 Act January 3, 1887, chapter 18. Date of death fixed in case of officers, etc., lost in the wreck of the steamer Jeannette; 12 months' pay granted by act to be deducted from pension given to widows, etc 69 Act January 29, 1887, chapter 70. Mexican War ; pensions to survivors, widows, etc.; perjury 24,165 Act January 29, 1887, chapter 74. One year's pay given to widows, etc., of those lost in the wreck of the U. S. S. Ashuelot to be deducted from any pension allowed 70 Act June 7, 1888, chapter 369. Commencement of widow's pension in claim based on death from disability originating in the service and line of duty 62 X CONTENTS. Page. Act August 14, 1888, chapter 890. Desertion; certain appointed and en- listed men who served in the Navy or Marine Corps during the Civil War relieved of charge of 139 Act August 27, 1888, chapter 913. Increase for deafness 56 Act August 27, 1888, chapter 914. State or Territorial soldiers' homes; aid to 125 Act February 12, 1889, chapter 132. Increase for loss of both hands 53 Act March 1, 1889, chapter 332 : Pension voucher may be executed before United States officer free of charge 117 Rooms in public buildings to be assigned for use of pension agencies- 116 Act March 2, 1889, chapter 390, amended by act March 2, 1891, act July 27, 1892, and act March 2, 1895. Desertion ; certain regular and volun- teer soldiers of the Mexican and Civil Wars relieved from charge of 141 Act March 4, 1890, chapter 25. Increase for total helplessness; regular aid and attendance 56 Act June 27, 1890, chapter 634 : SEC. 1. Dependent parents; sufficiency of evidence to show de- pendence; commencement and termination of pension 69 SEC. 2 (amended by act May 9, 1900). Pensions to certain soldiers and sailors; honorable discharge from Rebellion service required; rate ; commencement ; rank not considered, etc 45 SEC. 3 (amended by act May 9, 1900) . Widows and minor children of certain soldiers and sailors given pensionable status; continuance of pension to insane, idiotic, or otherwise permanently helpless children provided for 46, 64 SEC. 4. Fees of agents and attorneys 46,90,173 Act June 30, 1890, chapter 639. Clerks to sign official checks in pension agencies; designation of 115 Act July 1, 1890, chapter 646. Oaths to declarations, vouchers, etc., may be taken before officer authorized to administer for general purposes 80 Act August 29, 1890, chapter 820 : SEC. 1 part Chief clerks to administer oaths in certain cases 3 Notaries public in service of United States to administer oath of office free of charge 8 SEC. 2 (amended by acts Mar. 3, 1891, and May 27, 1908). Persons on active or retired list of Army, Navy, or Marine Corps, or in Revenue-Cutter Service, not to receive pension 136 Joint resolution September 1, 1890 (Pub. Res. No. 43). Oaths, etc. ; certifi- cates of official character, etc 81 Act February 10, 1891, chapter 127 (now sec. 172, Criminal Code). Coun- terfeit obligations, securities, etc., to be forfeited 163 Act February 10, 1891, chapter 130 (amending sees. 4783 and 5486, R. S.). Embezzlement of pension money by guardian, etc 178 Act March 2, 1891, chapter 498 (amending act Mar. 2, 1889). Desertion ; minor discharged by order of court not to receive bounty, etc 144 Act March 3, 1891, chapter 548: SEC. 1, part. Attorney fees ; increase, etc., claims 89, 174 SEC. 1, part (amending act Aug. 29, 1890, and extended by act May 27, 1908). Pensions not to be paid to persons on the active or retired list of the Army, Navy. Marine Corps, or Revenue-Cutter Service 137 CONTENTS. XI Act March 3, 1891, chapter 548 Continued. Page. SEC. 2 (amending sec. 4764, R. S.). Pension agencies grouped for purpose of making payments of pension 116 SEC. 3. Oaths ; all clerks detailed as special examiners authorized to administer 4 Act March 3, 1891, chapter 568. Pensions for members of Powell's bat- talion 27 Act March 3, 1891, chapter 650. First Kansas Colored Volunteers, relief of; pension rights to certain wounded members of 38 Act July 14, 1892, chapter 169. Total disability ; rate of $50 per month in cases requiring frequent and periodical aid 57 Act July 26, 1892, chapter 255. Declarations, etc., before whom to be executed 81 Act July 27, 1892, chapter 273 (amending act Mar. 2, 1889). Desertion; limitation as to filing application for removal of charge extended 144 Act July 27, 1892, chapter 277. Indian wars; pensions to certain sur- vivors, and to their widows; rate; honorable discharge and 30 days' service required; false oath; disloyalty not a bar 20,165 Act August 1, 1892, chapter 351 (amending act Mar. 3, 1877). Removing bar to pension imposed by section 4716, Revised Statutes, in cases where persons in rebellion afterwards enlisted in the Army or Navy of the United States 135 Act August 5, 1892, chapter 379. Pensions for Army nurses ; rate ; no at- torney fee 41, 91,175 Act January 5, 1893, chapter 18. Mexican War ; increase in rate of pen- sion to wholly disabled and destitute pensioned survivors 26 Act February 3, 1893, chapter 58. Indian war claims ; proof of citizenship. 23 Act December 21, 1893, chapter 3. Pension not to be withheld or suspended until after notice 137 Act July 18, 1894, chapter 141. Examining surgeons; reports of, to be open to inspection 111 Act August 23, 1894, chapter 319. Pension vouchers may be executed be- fore fourth-class postmasters 117 Joint resolution February 15, 1895 (Pub. Res. No. 15). Benefits of act June 27, 1890, extended to certain Missouri militiamen, their widows and minors 48 Act March 2, 1895, chapter 161 : Pensions may be paid to nonresidents 121 Minimum rate of pension based on disability fixed at $6 per month ; not retroactive 57 Act March 2, 1895, chapter 181. Desertion ; limitations for filing claims under the act of March 2, 1889, removed 144 Act March 2, 1895, chapter 193. Accrued pensions; who entitled; reim- bursement claims 130 Act March 6, 1896, chapter 46. Commencement in rejected, suspended, or dismissed claims under the act of June 27, 1890 49 Act March 13, 1896, chapter 54. Death presumed from continued and unexplained absence for period of seven years 73 Act May 28, 1896, chapter 255. Merchant marine service ; persons drafted in time of war entitled to pensions, if wounded; widows and minors entitled, when 147 Act February 17, 1897, chapter 248. Gray's Battalion Arkansas Volun- teers, pensions granted to survivors and widows of members of said organization 27 XII CONTENTS. Page. Act February 24, 1897, chapter 311. Rate of pension, etc., in case of reinuster 44 Act March 14, 1898, chapter 60. Pension of foreign residents not to be paid on power of attorney Act March 30, 1898, chapter 103. Commencement of pension in cases arising out of the destruction of the U. S. S. Maine 70 Act April 22, 1898, chapter 187. Status of Spanish War volunteers 147 Act April 26, 1898, chapter 191. Desertion from the Army in time of war forfeits pensionable status. See act May 11, 1908 145 Act May 4, 1898, chapter 234 (amending sec. 4713, R. S.). Pensions of inmates of Naval Home at Philadelphia, Pa., or naval hospitals, to be paid to the Secretary of the Navy 122 Joint Resolution May 26, 1898 (Pub. Res. No. 38). United States auxil- iary naval force organized 36 Act June 6, 1898, chapter 389. Political disabilities created by section 3, fourteenth amendment to the Constitution of the United States, removed in cases arising under the act January 29, 1887 26 Act July 7, 1898 (amending sec. 4746, R. S.). False affidavits and post- dating vouchers in pension cases 159 Act February 8, 1899, chapter 121. Suits against public officer not to abate on his death, etc 156 Act March 3, 1899, chapter 460 (amending sec. 4766, R. S.) : Division of pension, when made, etc 120 Conditions prerequisite to widow's title 66, 120 Act April 23, 1900, chapter 251. Mexican War survivors; increase of pension granted in certain cases 26 Act May 9, 1900, chapter 385 (amending act June 27, 1890). Certain survivors of the War of the Rebellion given a pensionable status; length of service; honorable discharge; aggregate disabilities to be rated; widows, minors, and helpless children, when entitled, etc 47,64 Act May 24, 1900, chapter 55. Desertion; limitation as to time within which claims under act August 14, 1888, may be filed, removed 141 Act March 2, 1901, chapter 809 (amending sec. 183, R. S., and amended by act Feb. 13, 1911). Certain officers to administer oaths in official in- vestigations 5 Act March 3, 1901, chapter 865 (amending sec. 4708, R. S., and amended by act Feb. 28, 1903). Remarried widows; restoration of pension on renewed widowhood; conditions of title, etc 70 Attorney fee not allowed 71, 91 Act June 27, 1902 (extending the provisions of the act July 27, 1892) : Indian wars, survivors of, to be pensioned ; widows also entitled, etc_ 22 Contract entered into with agents or attorneys prior to passage of act void 22, 92 Act July 1, 1902, chapter 1551. Accrued pension due inmates of National Home for Disabled Volunteer Soldiers, disposition of 124 Joint resolution July 1, 1902 (Pub. Res. No. 42) : SEC. 1. Limitation as to disloyalty removed in certain cases 136 SEC. 2 (amended by joint resolution of June 28, 1906). As to final honorable discharge from the War of the Rebellion 146 Act December 19, 1902, chapter 7. First Ohio Volunteer Light Artillery ; military service recognized 40 Act January 15, 1903, chapter 190. Increase for total deafness 56 CONTENTS. XIII Act January 21, 1903, chapter 196 : Page. SEC. 4 (amended by act May 27, 1908). Organized Militia to be called for in case of invasion 35 SEC. 7 (amended by act May 27, 1898). Mustering into service of the United States 35 SEC. 22. Pensions for wounds or disabilities received or incurred while in the service of the United States 35 Act February 28, 1903, chapter 858 (amending gee. 4708, R. S., and act Mar. 3, 1901) : Remarried widows; restoration of pension on renewed widowhood; conditions of title, etc 72 Attorney fee not allowed 73, 92 Act March 2, 1903, chapter 977. Increase of pension for loss of limbs, or total disability in same, etc 55 Act March 3, 1903, chapter 1021. Mexican War ; pensions of survivors in- creased to $12 per month 26 Act April 8, 1904, chapter 945. Increase of pension for total blindness 53 Act February 20, 1905, chapter 593 (amending act Aug. 7, 1882). Gov- ernment Hospital for the Insane; payment and disposition of pension money belonging to certain inmates thereof 127 Act March 3, 1905, chapter 1483. Accrued pension not to be paid as re- imbursement to State, county, or municipal corporations 131 Act March 3, 1905, chapter 1484. Private secretary to the Commissioner of Pensions authorized 3 Act February 27, 1906, chapter 510 (amending sec. 3679, R. S.). Expendi- tures in excess of appropriation forbidden and acceptance of voluntary service prohibited, except, etc 176 Act April 5, 1906, chapter 1366 : SEC. 7. Consular officers required to perform notarial acts 83 SEC. 10. Consular officers to affix stamp to all papers acknowledged before them 83 Act June 22, 1906, chapter 3514. Clerks to serve three years in one de- partment before transfer to another 8 Act June 28, 1906, chapter 3573. United States commissioners to have seal, and to use same 82 Act June 28, 1906, chapter 3574 (amending sec. 5481, R. S., now sec. 85, Criminal Code). Extortion by officer, etc., of the United States 180 Joint resolution June 28, 1906 (Pub. Res. No. 39, amending sec. 2, joint resolution July 1, 1902). Effect of honorable discharge from rebellion Service 146 Act June 29, 1906, chapter 3616. Notaries in the District of Columbia not prohibited from prosecuting claims against the United States 84 Act June 30, 1906, chapter 3914. Deposited moneys of deceased inmates of the Government Hospital for the Insane to be covered into the Treasury j. 128 Act February 6, 1907, chapter 468 : Pensions to certain survivors of the Mexican and Civil Wars 27, 49 Agents or attorneys not entitled to fee for services under this act. 28, 50, 92 Act March 4, 1907, chapter 2920 : Age made a specific disability 50 Provisions of the act February 6, 1907, extended to certain soldiers and sailors 28,50 XIV CONTENTS. Act April 19, 1908, chapter 147 : Page. SEC. 1. Fixing minimum rate of pension to widows, etc 65 SEC. 2. Pensions granted to certain widows of soldiers and sailors of the Civil War 65 SEC. 3. Attorney fee restricted 65,91,174 Act April 23, 1908, chapter 150. Medical Reserve Corps not entitled to pension except, etc 34 Act May 11, 1908, chapter 163 (amending sec. 6, act Apr. 26, 1898). De- sertion from Army forfeits pensionable rights 145 Act May 22, 1908, chapter 186. Travel expenses of employees at Wash- ington to be reported annually 7 Act May 27, 1908, chapter 200 (see act Aug. 29, 1890, and act Mar. 3, 1891). Pensions to officers and men in the Revenue-Cutter Service on active or retired list prohibited 137 Act May 27, 1908, chapter 204 (amending act Jan. 21, 1903). Militia, to promote the efficiency of 36 Act May 28, 1908, chapter 208 : State and Territorial homes; pensioned inmates to receive pension direct 126 Examining surgeons, increase of fees to, etc 112 No fee allowed for services in connection with securing pension by special act of Congress 90,175 Reports of special examiners open to inspection 5 Act May 30, 1908, chapter 230: Indian wars; pensions to survivors of Texas volunteers, and their widows 23 Contracts made with agents or attorneys prior to passage of act void- 23, 92 Act February 2, 1909, chapter 58 (amending sec. 4839, R. S.). Govern- ment Hospital for the Insane; superintendent and disbursing officer, duties of 128 Act February 23, 1909, chapter 174 (amending sec. 3646, R. S.). Dupli- cate checks, when issued 117 Act March 4, 1909, chapter 299 : SEC. 8. Disbursing officers ; substitutes authorized in case of illness, etc. 6 SEC. 9. Commissions ; compensation to, unless authorized by law, pro- hibited ; details of clerks forbidden 7 Act March 4, 1909, chapter 302 : Additional pension granted by special act because of helpless child not to affect prior rate granted widow 134 Franked envelopes to be furnished pensioners for return of vouchers to pension agents 117 Reimbursement claims to be settled by Commissioner of Pensions 131 Act March 4, 1909, chapter 321, Criminal Code : SEC. 21 (formerly sec. 5518, R. S.). Conspiracy to prevent accepting or holding office under the United States 170 SEC. 28 (formerly sees. 5418 and 5479, R. S.). Forging bond, bid, public record, etc 161 SEC. 29 ( formerly sec. 5421, R. S. ) . Forging deed, power of attorney, etc. 161 SEC. 30 (formerly sec. 5422, R. S.). Having forged papers in posses- sion 162 SEC. 31. False acknowledgment by officer having authority to admin- ister oaths, etc 160 SEC. 32 (formerly act Apr. 18, 1884). Falsely pretending to be a United States officer 177 CONTENTS. XV Act March 4, 1909, chapter 321, Criminal Code Continued. Page. SEC. 33 (formerly sec. 5435, R. S.). False personation of holder of public stocks, pensioner, etc 177 SEC. 34 (formerly sec. 5436, R. S.). False demand on fraudulent power of attorney 177 SEC. 35 ( formerly sec. 5438, R. S. ) . Making or presenting false claims. 157 SEC. 37 (formerly sec. 5440, R. S.). Conspiracy to commit an offense against the United States, etc. ; all liable for acts of one___ 172 SEC. 39 (formerly sec 5451, R. S.). Bribery of United States officer- 166 SEC. 40 (formerly sec. 5454, R. S.). Unlawfully taking or using papers relating to claims 179 SEC. 46 (formerly sec. 5456, R. S.). Robbery or larceny of personal property of the United States 179 SEC. 47 (formerly act Mar. 3, 1875, sec. 1). Embezzlement, etc., of public property 179 SEC. 48 (formerly act Mar. 3, 1875, sec. 2). Receivers, etc., of stolen property 180 SEC. 70 (formerly sec. 5442, R. S.). False certification by consular officer 160 SEC. 85 (formerly sec. 5481, R. S., as amended by act June 28, 1906). Extortion by officer, etc., of the United States 180 SEC. 86 (formerly sec. 5483, R. S.). Receipting for larger sums than are paid 178 SEC. 90 ( formerly sec. 5491, R. S. ) . Failure of officer to render ac- counts, etc 178 SEC. 94 (formerly sec. 5495. R. S.). Prima facie evidence of embez- zlement in certain cases 178 SEC. 95 (formerly sec. 5496, R. S.). Evidence of conversion 179 SEC. 106. False certification by public officer 160 SEC. 108 (formerly sec. 5487, R. S.). Pension agent taking fee 175 SEC. 109 (formerly sec. 5498, R. S.). Officer not to be interested in claims against the United States 166 SEC. 110 (formerly sees. 5500 and 5502, R. S.). Member of Congress etc., soliciting or accepting bribe 167 SEC. Ill (formerly sec. 5450, R. S.). Offering, etc., bribe to Member of Congress__ 167 SEC. 112. Member of Congress taking consideration for procuring contracts, offices, etc. ; offering him consideration, etc 168 SEC. 113 (formerly sec. 1782, R. S.). Member of Congress taking compensation in matters to which the United States are parties 168 SEC. 117 (formerly sees. 5501 and 5502, R. S.). Officer of the United States accepting bribe 169 SEC. 125 (formerly sec. 5392, R. S.). Perjury 163 SEC. 126 (formerly sec. 5393, R. S.). Subornation of perjury 165 SEC. 128 (formerly sec. 5403, R. S.). Destroying, etc., public records. ,- 180 SEC. 129 (formerly sec. 5408, R. S.). Destroying record by officer in charge ; 180 SEC. 131 (formerly sec. 5449, R. S.). Bribery of a public or judicial officer, etc ^ 169 SEC. 133. Juror, referee, etc., accepting bribe ^ 169 SEC. 134. Witness accepting bribe 170 SEC. 145. Extortion under threat of informing 181 SEC. 146 (formerly sec. 5390, R. S.). Misprision of felony 181 SEC. 148 (formerly sec. 5414, R. S.). Forging or counterfeiting United States securities.. . 162 XVI CONTENTS. Act March 4, 1909, chapter 321, Criminal Code Continued. Page. SEC. 151 (formerly sec. 5431, R. S.). Passing, uttering, etc., forged obligations, etc., of the United States 162 SEC. 154 (formerly sec. 5434, R. S.). Buying, selling, etc., forged securities 162 SEC. 172 (formerly act Feb. 10, 1891). Counterfeit obligations, se- curities, etc., to be forfeited 163 SEC. 332 (formerly sec. 5427, R. S.). Who are principals 181 SEC. 333 (formerly sees. 5533 and 5535, R. S.). Punishment of ac- cessories 181 SEC. 335. Felonies and misdemeanors distinguished 181 SEC. 342. Accrued rights, etc., not affected by adoption of Criminal Code. 181 SEC. 343. Prior offenses; how prosecuted 181 SEC. 344. Acts of limitation ; how affected by the Criminal Code 182 SEC. 345. Date on which Criminal Code went into effect, to wit, Janu- ary 1, 1910 182 Act May 7, 1910, chapter 216 (repealing sec. 860, R. S.). United States courts, pleadings or disclosures in any judicial proceeding may be used as evidence in 156 Act June 9, 1910, chapter 277. Bonds not required of the United States, etc., in the courts of the District of Columbia 156 Act June 25, 1910, chapter 384. National Home for Disabled Volunteer Soldiers, application for admission to, must contain contract for dispo- sition, at his death, of property of member 124 Act June 25, 1910, chapter 393. Certificates of discharge, etc., to be issued in the true name where person served under an assumed name, except. etc_ 138 Act June 25, 1910, chapter 413. Rural delivery carriers may execute pen- sion vouchers 117 Act February 13, 1911, chapter 43 (amending sec. 183, R. S., as amended by act Mar. 2, 1901). Certain United States officers authorized to ad- minister oaths in official investigations 5 Joint resolution, February 27, 1911 (Pub. Res. No. 63). Military rec- ords; certain acts correcting, passed during the Sixty-first Congress, not to be construed as denying right to pension 145 Act March 3, 1911, chapter 227. Pension agencies ; clerk hire and salaries therein to be approved by the Secretary of the Interior 115 Act March 3, 1911, chapter 231. Judicial Code : SEC. 24. District courts; jurisdiction of 154 SEC. 42. Offenses begun in one district and completed in another 155 SEC. 43. Suits for recovery 155 SEC. 164. Court of Claims entitled to information, etc., from execu- tive departments, etc 155 SEC. 300. Prosecution for prior offenses 155 SEC. 301. Judicial Code to become operative Jan. 1, 1912 155 Act March 4, 1911, chapter 237. Pension Office; appropriation for offi- cers, etc., for the fiscal year ending June 30, 1912; restrictions 9 Act March 4, 1911, chapter 270. False accounts and reports by officers of the United States; punishment for making 160 Act March 4, 1911, chapter 285 : Soldiers' homes ; appropriation not available for any home that per- mits the sale of intoxicants ; deductions to be made from Federal aid to State and Territorial homes equal to amounts collected from inmates 125 Disbarment proceedings; Secretary of the Interior to take and pre- pare testimony 85 Chapter I. ADMINISTRATIVE ORGANIZATION. SEC. 437, R. S. Creation of Interior De- partment. SEC. 441, R. S. Secretary of the Interior, jurisdiction of. SEC. 169, R. S. Departmental employees. SEC. 470, R. S. Commissioner of Pensions, appointment of. SEC. 471, R. S. Duties of Commissioner of Pensions. SEC. 472, R. S. Deputy Commissioner of Pensions to be appointed. ACT AUG. 5, 1882. Duties of First and Second Deputy Commissioners of Pen- sions. SEC. 178, R. S. Vacancies in subordinate offices, how filled. SEC. 179, R. S. Discretionary authority of President to fill temporary vacancies. SEC. 173, R. S. Chief clerks, duties of. SBC. 174, R. S. Chief clerks, duties of. ACT AUG. 29, 1890. Chief clerks to admin- ister oaths in certain cases. ACT MAR. 3, 1905. Private secretary to the Commissioner of Pensions authorized. ACT AUG. 8, 1882. Commissioner of Pen- sions to inspect agencies and boards of examining surgeons. SEC. 474, R. S. Investigation of attempts at fraud. SEC. 4744, R. S. Special service for investi- gation of suspected attempts at fraud. ACT MAR. 3, 1891. Oaths, special examiners to administer. ACT MAY 28, 1908. Reports of special ex- aminers open to inspection. There shall be at the seat of Government an Executive Department to be known as the Department of the In- JiSiS erior ' crea " terior, and a Secretary of the Interior, who shall be the head thereof. The Secretary of the Interior is charged with the supervision of public business relating to the following Interior ' dutiesof subjects: * * * Fourth. Pensions and bounty-lands. * * * Each head of a Department is authorized to employ Departmental in his Department such number of clerks of the sev- ^Jj eral classes recognized by law, and such messengers, f r assistant messengers, copyists, watchmen, laborers, and clerks ' etc * 8001 12 2 1 SEC. 183, R. S. Investigation of miscon- duct, etc., of officers or agents of the Government. SEC. 184, R. S. Subpoenas to witnesses. SEC. 185, R. S. Fees of witnesses. SEC. 186, R. S. Compelling testimony of witnesses. SEC. 187, R. S. Professional assistance, how obtained. ACT MAR. 4,, 1909, SEC. 8. Disbursing offi- cers, substitutes authorized in case of illness of, etc. ACT MAR. 4, 1909, SEC. 9. Compensation to commissions forbidden, unless created by law. Details of clerks to such com- missions prohibited. ACT MAY 22, 1908, SEC. 4. Report to be made of traveling expenses of certain employees. ACT JUNE 22, 1906. Clerks, etc., to serve three years in one department before transfer to another, etc. SEC. 1784, R. S. Contributions, etc., to superiors prohibited. ACT AUG. 29, 1890. Notaries- public in Gov- ernment employ to administer oaths free of charge in certain cases. ORDER OF JAN. 5, 1905, AND ORDER OF APR. 7, 1905. Notarial charges by per- sons in Government employ during office hours prohibited. ACT MAR. 4, 1911. Appropriation for Pen- sion Office force and limitations imposed. 2 ARMY AND NAVY PENSIONS. other employes, and at such rates of compensation, re- spectively, as may be appropriated for by Congress from r '*' year to y earl sec. *?o, R. s. There shall be in the Department of the Interior a C o XL? Kiisjioiier e -t i of Pensions. Commissioner of Pensions, who shall be appointed by the President, by and with the advice and consent of th< Senate, and shall be entitled to receive a salary of four thousand dollars a year. 1 D?tit?o?c S am- The Commissioner of Pensions shall perform, under mfesioner of Pen- ^he 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. D?puIy R com- There sna11 be in the Department of the Interior a SSs ioner f Pen " Deputy Commissioner of Pensions, 2 who shall be ap- pointed by the President, by and with the advice and consent of the Senate, 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 death, resignation, absence, or sickness of the Commissioner, his duties shall devolve upon the Deputy Commissioner until a successor is appointed or such absence or sickness ceases. The Deputy Commissioner shall be entitled to receive an annual salary of twenty-five hundred dollars. isffiffflsSS.!?; * * * Provided, That the duties of first and second 24 Duti 9 oF a st ^ e P ut y commissioners shall be such as are now fixed by Sty coSss1on-l aw ^ or *^ e deputy commissioner of pensions; and in ers - case of death, resignation, absence, or sickness of the Commissioner his duties shall devolve upon the first deputy commissioner until his successor is appointed, or such absence or sickness ceases, and in case of the like absence of the Commissioner and first deputy commis- sioner, the second deputy commissioner shall act as Com- missioner in like manner. * * * S 'in '^ n case ^ ^ e death, resignation, absence, or sickness f "^ *ke chief of any Bureau, or of any officer thereof, 1868 ct c J y g 23, whose appointment is not vested in the head of the De- 2, v.' is, p. ies. partment, the assistant or deputy of, such chief or of such officer, or if there be none, then the chief clerk of 1 See Sec. 472 for note. 2 Additional deputy commissioner provided for under the act of Mar. 3, 1881, 21 Stat. L., 408, c. 130. Salary of commissioner, $5,000, and deputy commissioners, $3,600 each ; appropriation act of Aug. 5, 1882, 22 Stat. L., 247, C. 389. These salaries, respectively, have been continued in all subsequent appropriation acts. ADMINISTRATIVE ORGANIZATION. ' 3 such Bureau, shall, unless otherwise directed by the President, as provided by section one hundred and seventy-nine, perform the duties of such chief or of such officer until a successor is appointed or such absence or sickness shall cease. In any of the cases mentioned in the two preceding sec.i79,R.s. sections, except the death, resignation, absence, or sick- authority 5 of n the ness of the Attorney-General, the President may, in his Act "juiy 23, ,. . , . " , , , . . 1868, C. 227, sec. 3, discretion, authorize and direct the head of any other v. 15, p. les. Department or any other officer in either Department i8?o, c. ifip, sec. 2, whose appointment is vested in the President, by and v with the advice and consent of the Senate, to perform the duties of the vacant office until a successor is ap- pointed, or the sickness or absence of the incumbent shall cease. Each chief clerk in the several Departments and Bu- cSef 73t ?ierks reaus, and other offices connected with the Departments, dutios of - shall supervise, under the direction of his immediate superior, the duties of the other clerks therein, and see that they are faithfully performed. Each chief clerk shall take care, from time to time, sec.i74,R.s. that the duties of the other clerks are distributed with equality and uniformity, according to the nature of the case. He shall revise such distribution from time to time, for the purpose of correcting any tendency to un- due "accumulation or reduction of duties, whether aris- ing from individual negligence or incapacity, or from increase or diminution of particular kinds of business. And he shall report monthly to his superior officer any existing defect that he may be aware of in the arrange- ment or dispatch of business. And the Chief Clerks of the several Executive Depart- ^^^fi ' ments and of the various bureaus and offices thereof in 37 c'iSef 2 cierks : 'to Washington, District of Columbia, are hereby authorized and directed, on application and without compensation therefor, to administer oaths of office to employees re- quired to be taken on their appointment or promotion. PENSION OFFICE: For private secretary 1 to be selected and appointed by the Commissioner of Pensions at the c> p 4 r 8 it rt ' rate of two thousand dollars per annum from March ggj" o f Ten-~ fourth, nineteen hundred and five, to June thirtieth, nine- sions; salary- teen hundred and six, both inclusive, two thousand six hundred and fifty dollars. 1 Provision for private secretary continued in subsequent appropriation acts, ARMY AND NAVY PENSIONS. i882 Ct 22 s?at i?' That section forty-seven hundred and sixty-six, title 37| c.469, part ^ fifty- seven, of the Revised Statutes of the United States amended. j s hereby amended to read as follows : pen n sfn Ct aSncies f " SEC - 4 ^ 66 - * * * The Commissioner of Pensions when in his judgment it shall be deemed necessary geons. or proper^ v i s it in person, for the purpose of examination and inspection, or may send any one or more of the officers of his bureau for that purpose, any of the pension agen- cies or medical examining boards or surgeons; and the necessary and actual expenses of such visits shall be paid by the Secretary of the Interior upon properly executed vouchers, out of the contingent fund of said bureau." inVe 7 st?ation The Commissioner of Pensions is authorized to detail. fraud^SS^Mar* ^ rom ^ me ^ time, any of the clerks in his Office to investi- ate any suspected attempts to defraud the United States. \. or affecting the administration of any law relative to 22 C stat. 4 L.,^76?'' pensions, and to aid in prosecuting any persons impli- cated, with such additional compensation as is customary in cases of special service. Any person so detailed shall have the power to administer oaths in the course of any such investigation. i882 Ct 22 J stat i?' That section forty-seven hundred and forty-four, title 17 |^ 349 ' S 4 ^ fifty-seven, of the Revised Statutes of the United States amended. j s hereby amended to read as follows : for Sp SifstfgaTg " SEC - 4744 - The Commissioner of Pensions is author- to detail from time to time clerks or persons em- ployed 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 tc aid in the prosecution of any party appearing on such examinations to be guilty of fraud, either in the presenta- tion 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 oi such examinations, and to orally examine witnesses, anc may employ a stenographer, when deemed necessary b} the Commissioner of Pensions, in important cases, suet stenographer to be paid by such clerk or person, and the amount so paid to be allowed in his accounts." 26 A st t at Ia L.f'io83; That the same power to administer oaths and tak< c ' oaths^'speciai ^davits, which by virtue of section forty-seven him- to ad 'dred and forty-four of the Revised Statutes is conferrec upon clerks detailed by the Commissioner of Pension* from his office to investigate suspected attempts at f rauc ADMINISTKATTVE ORGANIZATION. 5 on the Government through and by virtue of the pension laws, and to aid in prosecuting any person so offending, shall be, and is hereby, extended to all special examiners or additional special examiners employed under author- ity of Congress to aid in the same purpose. * * * The reports of the special examiners of ^fas^St . 8 ; the Bureau of Pensions shall be open to inspection and ^epons ' ct 3 stat I 4 ' That all persons, of the ranks hereinafter named, who 2%, c. 68, sec', i. '' are now on the military pension roll of the United States, sna ^' f rom an d a ft er the passage of this act, be entitled to, and receive, for disabilities of the highest degree, the following sums, in lieu of those to which they are now en- titled, to wit: a first lieutenant, seventeen dollars; a second lieutenant, fifteen dollars ; a third lieutenant, f pur- teen dollars ; an ensign, thirteen dollars ; and a noncom- missioned officer, musician, or private, eight dollars per month; and for disabilities of a degree less than the highest, a sum proportionably less, sec. 2, id. And be it further enacted. That all persons of the Persons pro- . PIT -T vided for by theaforesaid ranks, who may hereafter be placed on the mili- nrst section to be . 11*1 TT o in put on the pen-tary pension roll or the United States, shall, according to sion roll accord- J . * / ing to the rates their ranks and degrees or disabilities, be placed on at therein pre- scribed. the aforesaid rates of pensions in lieu of those hereto- fore established: Provided, That nothing herein con- tained shall be construed to lessen the pension of any per- son who, by special provision, is entitled to a higher pen- sion than is herein provided, sec. 3, id. And ~be it further enacted, That all laws and regula- Laws and regu- . . tiS on if e tat uf a? ti ns relating to the admission of the officers and soldiers ne re gul ar army to be placed on the pension roll of the United States shall, and they are hereby declared to relate equally to the officers and soldiers of the militia, whilst in the service of the United States. 1 This and the following act provide pensions for the permanent portion of the Regular Army, both in peace and in war, and the provisions of those acts were extended by other acts to the additional regular troops raised in time of war (acts Jan. 12, 1812 ; Apr. 8, 1812 ; Jan. 29, 1813, sec. 10 ; June 15, 1813, sec. 4 ; Mar. 2, 1813) ; also to the rangers, volunteers, militia, and sea fencibles called into service during the war with Great Britain (1812-1815), the Black Hawk Indian war (1832) (Jan. 2, 1812, sec. 4 ; Feb. 6, 1812, sec. 5 ; July 5, 1813, sees. 1, 2 ; Apr. 1C, 1816, sec. 1 ; Apr. 24, 1816, sec. 3 ; June 15, 1832, sees. 1-4), and to the militia and vol- unteers disabled by wounds in Gen. Harrison's campaign on the Wabash against hostile Indians in 1841, and other Indian disturbances in 1836-1838. (Apr. 10, 1812, sec. 3 ; May 23, 1836, sec. 5.) These acts, with the acts extending the same to the regular troops, volunteers, and militia employed in time of war, were not reenacted in the Revised Statutes nor repealed by section 5596 of the Revised Statutes. PENSIONS BASED ON SERVICE PRIOR TO MARCH 4, 1861. 15 The volunteers or militia, who have been received into ;he service of the United States, to suppress Indian depredations in Florida, shall be entitled to all the bene- e s fi t its which are conferred on persons wounded or otherwise 18 ^ ct 5 s ^ r ' L l %' disabled in the service of the United States. If any officer, warrant or petty officer, seaman, engineer, IgnsSto offl- first, second, or third assistant engineer, fireman or coal- f ^Nav^S heaver of the Navy or any marine has been disabled prior Mar. d 4, p i86i? r to to the fourth day of March, eighteen hundred and sixty- A u|? s h 2 iSi 3 d me by reason of any injury received or disease contracted f^i^^ltat! n the service and line of duty, he shall be entitled to L -' 403 - receive during the continuance of his disability a pension )roportionate 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 he 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 f orward officer; the pension of a fireman or coal-heaver he same as that of a seaman ; but an engineer, fireman or :oal-heaver shall not be entitled to any pension by reason )f a disability incurred prior to the thirty-first day of August eighteen hundred and forty -two. If any person referred to in the preceding section has | e e'ns?on' to died in the service, of injury received or disease con- J^J W f * racted under the conditions therein stated, his widow Jjjjfjjf theNavy ;hall be entitled to receive half the monthly pay to which Ma? b 4?i86 P L r to he deceased was entitled at the date of his death; and Aug!*ii| 2 i848? 3 ii n case of her death or marriage, the child or children stat - L " 282 - inder sixteen years of age shall be entitled to the pension. 3ut the rate of pension herein allowed shall be governed )y the pay of the Navy as it existed in January, eighteen lundred and thirty-five ; and the pension of the widow of i chief engineer shall be the same as that of a widow of a ieutenant in the Navy ; the pension of the widow of a first assistant engineer shall be the same as that of the widow of a lieutenant of marines ; the pension of the widow of a second or third assistant engineer the same as that of the widow of a forward officer ; the pension of the widow of a fireman or coal-heaver shall be the same as that of the widow of a seaman. But the rate of pension prescribed by this and the preceding section shall be varied from and after the twenty-fifth day of July eighteen hundred and 16 ARMY AND NAVY PENSIONS. sixty-six in accordance with the provisions of section four thousand seven hundred and twelve of this Title ; and the widow of an engineer, 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 hundred and forty-two. sec. 1656, R.S. When any officer, noncommissioned officer, artificer, or ji Provision for -/J '. ,. '. , widows, etc., of private of the militia or volunteer corps dies in the serv- those who die in . * . . _ ~ . , . . .. the service. ice of the United States, or in returning to his place of Acts Mar. 19, . . . . . 1836, 5 stat. L., residence alter being mustered out of service, or at any 7; Apr. 10, 1812, ... . j j sec. 2, 2 stat. L., time in consequence of wounds received in service, and 704; Apr. 16, 1816, , . , . ., , ., , i_"ii sec. 1,3 stat. L., leaves a widow, or if no widow, a child or children 285; Mar. 3, 1817, , . . 1-1 j> i sec! i, 3 stat. L., under sixteen years of age, such widow, or if no widow, sec! i,Vstat. L.', such child or children, shall be entitled to receive half sec! if 5 r stat!^', the monthly pay to which the deceased was entitled, at the time of his death, during the term of five years; and in case of the death or intermarriage of such widow before the expiration of five years, the half-pay for the remainder of the time shall go to the child or children of the decedent. And the Secretary of the Interior shall adopt such forms of evidence, in applications under this section as the President may prescribe. w C i'do 3 w?and ^ ne w i^ows and children under sixteen years of age minor children o f ne officers, noncommissioned officers, musicians and of persons en- t 7 ... oM8?2 i andintheP riva ^ es * ^ e regulars, militia, and volunteers of the wSs 3nce ianwar ^ one thousand eight hundred and twelve and the i87\ ct i6^tat L 4 ' var * ous Indian wars since one thousand seven hundred m -' 'and ninety who remained at the date of their death in the military service of the United States, or who re- ceived an honorable discharge and have died or shall hereafter die of injury received or disease contracted in 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 received the injury or con- tracted the disease which resulted in his death. But no half-pay pension shall exceed the half pay of a lieuten- ant-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 provisions of section four thousand seven hundred and twelve of this Title. aSf-pay R pfn- ^ those surviving widows and minor children who t0 chiufc^ aven ^ >een allowed five years' half-pay, under the pro- ; i e nc ^ ce j i ;;^ t ^ visions of any general laws passed prior to the third s, h 'stat. L.; day of June, eighteen hundred and fifty-eight, are PENSIONS BASED ON SERVICE PRIOR TO MARCH 4, 1861. 17 g-ranted a continuance of such half-pay, to commence from the date of the last payment under the respective Ads of Congress granting the same, and on the terms and limitations provided in the following section. Such half -pay is granted to such widows during life, ^n ?stit?eo S n and, where there is no widow, to the children, while under ^ e i 5 1 J r rriage of r > the age of sixteen years; but in case of the remarriage i^n'stS 1 *-^' ' or death of any such widow, the half-pay shall go to the 309 - '[children of the decedent on account of whose service it ' is claimed, while such children are under sixteen years of I age, and no longer. The half -pay of such widows and children shall be | e a c t 'e 72 Jf R h?if- j half the monthly pay of the officers, noncommissioned pa j e ? e i si june 3 officers, musicians, and privates of the infantry of the J^ 8 ' u stat - L - Regular Army, and no more, and no greater sum shall be allowed to any such widow or minor children than the half -pay of a lieutenant-colonel. But the two preceding Limitation. j sections shall not be construed to apply to or embrace the i 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 j Congress, and renewed or continued under the provisions of those sections, the same shall continue from the date above named: Provided, That pensions under this and the two preceding sections shall be varied in accordance ivith the provisions of section four thousand seven hun- dred and twelve of this Title. The provisions of this Title in respect to the rates of |ro\SioA?' S f pension to persons w r hose right accrued since the fourth JJJJJg acts ex ' day of March, eighteen hundred and sixty-one, are ex- i 8 7| c i7 8 ^t ar L 3 ' tended to pensioners whose right to pension accrued ^b\m' h stat under general acts passed since the war of the Revolu- ^\ 7 2 f 7 ' JU-g \ 3 g tion and prior to the fourth day of March, eighteen st |e e L am 3 e'nd- hnndred and sixty-one, to take effect from and after the f J 1 ^ L 9 f ' twenty-fifth day of July, eighteen hundred and sixty-six ; 17 - and the widows of revolutionary soldiers and sailors re- ceiving 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. 1 That section three of an act entitled "An act increasing, Act June 9, ooU, ZL otat. Li. t the pensions of widows and orphans, and for other pur- 1 > ^ 4?12 poses," approved July twenty-fifth, eighteen hundred and R j t s e ' storing pen ! sixty-six, and section thirteen of an act entitled "An actons in certain 1 Rate increased to $12 per month by act March 19, 1886 (see p. 62), in cases of widows who were married prior to such date, or prior to or during the service upon which the application for pension is based. 8001 12 3 18 ARMY AND NAVY PENSIONS. 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 actu- ally been allowed to the commissioned, noncommissioned, or petty officers of the Navy or their widows or minor children, prior to the twenty-fifth day of July, eighteen hundred and sixty-six ; and the Secretary of the Interior is hereby directed to restore all such pensions as have already been so reduced to the rate originally granted and allowed, to take effect from the date of such reduction. sec. 4713, R.S. In all cases in which the cause of disability or death Commence-.. i i if i -m ment of antere- originated in the service prior to the fourth day of March, bellion pensions. . * f i- sec. 19, Mar. 3, eighteen hundred and sixty-one, and an application for 1873, 17 Stat. L., . n-i t i t i 573; sec. 13, June pension shall not have been filed within three years from L'., 58; sec. 3, July the discharge or death of the person on whose account the 25, 1866, 14 Stat. . . L.,23o. claim is made, or w r ithin three years of the termination of a pension previously 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. But no claim allowed prior to the sixth day of June, eighteen hundred and sixty-six, shall be affected by anything herein contained. i878 Ct 2o &t L 9 ' That the Secretary of the Interior be, and he is hereby, 27, c'. 28, sec. i. 'authorized and directed to place on the pension-rolls Enlisted men. 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 Warofi8i2. war w ith Great Britain of eighteen hundred and twelve, 066 Jv. O.j SCCS, inclu ~ r ,who w T ere in any engagement and were honorably dis- charged, and the surviving widows of such officers and enlisted and drafted men. !trsons d not en- ^hat ^ S act Sna ^ not a PPty to an J person who is titled. receiving a pension at the rate of eight dollars 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 dol- lars per month) and eight dollars per month. Pensions under this act shall be at the rate of eight dollars per month, except as herein provided, and shall be paid to the persons entitled thereto, from and after the passage con ' PENSIONS BASED ON SERVICE PRIOR TO MARCH 4, 1861. 19 of this act, for and during their natural lives : Provided, t *^ That the pensions to widows provided for in this act shall on remarriage. cease when they shall marry again. That before the name of any person shall be placed fj^' JJ- ulred upon the pension-rolls under this act proof shall be made, j n place name on under such rules and regulations as the Commissioner of Pensions, with the approval of the Secretary of the Interior, shall prescribe, that the applicant is entitled to a pension under this act; and any person who shall penalty for false falsely take any oath required to be taken under the pro- visions of this act shall be guilty of perjury ; and the Sec- retary of the Interior shall cause to be stricken from the ro11 - rolls the name of any person when it shall appear, by proof satisfactory to him, that such name was put on said rolls by or through false or fraudulent representations, or by mistake as to the right of such person to a pension under this act. The loss or lack of a certificate of dis- C ^ T * s charge shall not deprive the applicant of the benefit of ca p e r o f ba ,{- this act, but other proof of the service performed and of ice - nowsnown - an honorable discharge, if satisfactory, shall be deemed sufficient; and when there is no record evidence of such service and such discharge, the applicant may establish the same by other satisfactory testimony : Provided, That ser ^, e d a nS C h when any person has been granted a land- warrant under orablediscnarge - any act of Congress for and on account of service in the said war of eighteen hundred and twelve, such grant shall be prima facie evidence of his service and honorable 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. That all applications for pensions of the classes pro- fSp&JSfoni t> vided for in this act heretofore or which may hereafter be considered. be made shall be considered and decided as though made under this act ; and all laws now in f orc*e in regard to the manner of paying pensions, and in reference to the pun- ishment of frauds, shall be applicable to all claims under the provisions of this act. That the Secretary of the Interior be, and he is hereby, authorized and directed to restore to the pension rolls the names \ dr pped A from rolls to be names of all persons now surviving heretofore pensioned restored, on account of service in the war of eighteen hundred and twelve against Great Britain, or for service in any of the Indian wars, and whose names were stricken from 20 ARMY AND NAVY PENSIONS. the rolls in pursuance of the act entitled "An act author- izing 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 have in any i862 Ct i2sfat L*| manner encouraged the rebels," approved February 337 -' 'fourth, eighteen hundred and sixty-two; and that the tio^Mar 2 e i867"Ji nt resolution entitled "Joint resolution prohibiting ancfsec' feie^e- payment by any officer of the government to any per- peaied. son no ^ known to have been opposed to the rebellion and in favor of its suppression," approved March second, eighteen hundred and sixty-seven, and section forty- seven hundred and sixteen of the Revised Statutes of the United States, shall not apply to the persons pro- f Q No PJJ 61 ^ vided for by this act : Provided, That no money shall be suspension. paid to anyone on account of pensions for the time during which his name remained stricken from the rolls. wl'd'ows en- That the surviving widow of any pensioner of the titled. war o f 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 Interior to strike from the pension-rolls the names of such persons as have taken up arms against the government, 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: lowed arrears ^' 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 pro- R Evolutionary v ^ded further, That under this act any widow of a revo- serii ie i4 S A da 1 ys^ u ^ onar y soldier who served for fourteen days or was (see act Mar^io) Ul an 7 engagement shall be placed upon the pension-rolls issG, 24 stat. L., c f tne u n ited States, and receive a pension at the rate of eight dollars per month. sec. 7, id. That all laws and clauses of laws in conflict with this act be, and they are hereby, repealed. i892 Ct 27 J stat 7 ' That the Secretary of the Interior be, and he is hereby, 28 surv?vuig SeC ofiil authorized and directed to place on the pension roll the Sen ^ho^erved names ^ the surviving officers and enlisted men, includ- wars^om isEz to * n mai> i n es, militia, and volunteers of the military and 1842 pensioned. nava l serv ice of the United States, who served for thirty days in the Black Hawk war, the Creek war, the Chero- PENSIONS BASED ON SERVICE PRIOR TO MARCH 4, 1861. 21 kee disturbances, or the Florida war with the Seminole Indians, embracing a period from eighteen hundred and thirty-two to eighteen hundred and forty-tw T o, inclusive, and were honorably discharged, and such other officers, soldiers, and sailors as may have been personally named in any resolution of Congress, for any specific service in entitle - said Indian wars, although their term of service may have been less than thirty days, and the surviving widows widows. of such officers and enlisted men: Provided, That such widows have not remarried: Provided further, That this til j e oreigners ' no act shall not apply to any person not a citizen of the United States. That pensions under this act shall be at the rate of I^'S' pen- eight dollars per month, and payable from and after the J* g^ $8 p e r passage of this act, for and during the natural lives of the persons entitled thereto. That before the name of any person shall be placed on ^ 3> gec re tary the pension roll under this act, proof shall be made, under p^riS^s. to such rules and regulations as the Secretary of the In- terior may prescribe, of the right of the applicant to a pension ; and any person who shall falsely and corruptly j u f y alse oath peT ' take any oath required under this act shall be deemed guilty of perjury; and the Secretary of the Interior shall st ^fTexas that State against Mexican marauders and Indian depre- dations from the year eighteen hundred and fifty-five to the year eighteen hundred and sixty, inclusive; and also to include the surviving widows of such of said officers widows, and enlisted men : Provided, That such widows have not Proviso, remarried : Provided further, That where there is no Restriction, record of enlistment or muster into the service of the Proof. United States in the service mentioned in this Act the fact of reimbursement to Texas by the United States, as evidenced by the muster rolls and vouchers on file in the War Department, shall be accepted as full and satis- factory proof of such enlistment and service: And pro- vided further. That all contracts heretofore made be- contracts with ' . . attorneys, etc., tween the beneficiaries under this Act and pension attor- void - neys and claim agents are hereby declared null and void. That the Commissioner of Pensions be, and he is hereby, 2?itat F L^ ^c' authorized and directed to accept as sufficient proof of ^citizenship in the citizenship of an applicant for pension under said J^^*^]? a r act of July twenty-seven, eighteen hundred and ninety- two, the fact that such applicant at the date of the appli- cation was an actual and bona fide resident of the United States. Any officer, noncommissioned officer, musician or pri- ^xiS' R war vate, whether of the Regular Army or volunteers disa- uSrT 3 disabled bled by reason of injury received or disease contracted P 61181011 ^- while in the line of duty in actual service in the war with i 8 f| ^'statf i?.' Mexico, or in going to or returning from the same, who 10 * received an honorable discharge, shall be entitled to a pension 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. 24 ARMY AND NAVY PENSIONS. sec. 4731, R. s. jf an y officer or other person referred to in the pre- Widows and * children of Regu- ce( ji n pr section has died or shall hereafter die by reason lars or Volun- teers in the Mexi- Q f an y injury received or disease contracted under the can War. * j %/ 2i Se i848 1 ' 9' stat 7 circumstances therein set forth, his widow shall be en- F'eb 2 2^ 1849 \ titled to receive the same pension as the husband would iepi* 2s' 3 i 4 85 ; o^9 nave ^ een entitled to had he been totally disabled ; and f to i^-'*tf ; JjJ;iH case of her death or remarriage, the child or children L - 572 - of such officer or other person referred to in the preceding section, while under the age of sixteen years, shall be en- titled to receive the pension. But the rate of pension pre- 1 scribed 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. 1887*24 st. S.', That the Secretary of the Interior be, and he is hereby, 371, c. 70, sec. i. authorized and directed to place on the pension-roll the Mexican war names of the surviving officers and enlisted men, includ- survivors pen-. . . sioned. ing marines, militia, and volunteers, of the military and naval services of the United States, who being duly en- sixty days' listed, actually served sixty days with the Army or Navy service requisite. of the United States in Mexico, or on the coasts or fron- tier thereof or en route thereto, in the war with that na- tion, or were actually engaged in a battle in said war, and were honorably discharged, and to such other officers and soldiers and sailors as may have been personally named in any resolution of Congress for any specific service in said war, and the surviving widow of such widows' title, officers and enlisted men : Provided, That such widows survivors or have not remarried i Provided. That every such officer, their widows, 62 t ' years of age, dis- enlisted man, or widow who is or may become sixty-two abled or depend- ent, entitled, years of age, or who is or may become subject to any disability or dependency equivalent to some cause pre- scribed or recognized by the pension laws of the United States as a sufficient reason for the allowance of a pen- inhibition. s i onj sna ii b e entitled to the benefits of this act ; but it shall not be held to include any person not within the rule of age or disability or dependence herein defined, or who incurred such disability w T hile in any manner vol- untarily engaged in or aiding or abetting the late rebel- lion against the authority of the United States, sec. 2, id. That pensions under section one of this act shall be sion. at the rate of eight dollars per month 1 and payable only 1 Rate of pension to widows increased to $12 per month by sec. 1, act Apr. 19, 1908 (35 Stat. L., 64, c. 147). See p. 65. Rate of survivors increased by act Jan. 5, 1893, act Apr. 23, 1900, and act Mar. 3, 1903, all post. See also act Feb. 6, 1907, post, p. 27. PENSIONS BASED ON SERVICE PRIOR TO MARCH 4, 1861. 25 from and after the passage of this act, for and during the natural lives of the persons entitled thereto, or during the continuance of the disability for which the same shall be granted: Provided, That section one of this act shall not apply to any person who is receiving a pension at the rate of eight dollars per month or more, nor to any per- son receiving a pension of less than eight dollars per month, except for the difference between the pension now received (if less than eight dollars per month) and eight dollars per month. That before the name of any person shall be placed SShSA^^. on the pension-roll under this Act, proof shall be made, Se d to b y ep t he under such rules and regulations as the Secretary of the f e e r ^ e r tary of In ' Interior may prescribe, of the right of the applicant to a pension ; and any person who shall falsely and cor- ruptlv take any oath required under this act shall be , Fa j se oath to r J / i be deemed per- deemed guilty of perjury; and the Secretary of the Inte-J' ur y- rior shall cause to be stricken from the pension-roll the name of any person whenever it shall be made to appear by proof satisfactory to him that such name was put upon such roll through false and fraudulent representa- tions, and that such person is not entitled to a pension under this act. The loss of the certificate of discharge ti ^ s t | J jg shall not deprive any person of the benefits of this act, charge - but other record evidence of enlistment and service and of an honorable discharge may be deemed sufficient: Provided, That when any person has been granted a land- warrant, under any act of Congress, for and on charge - account of service in the said war with Mexico, such grant shall be prima facie evidence of his service and honorable discharge ; but such evidence shall not be con- clusive, and may be rebutted by evidence that such land- warrant was improperly granted. That the pension laws now in force which are not f^^nct in- inconsistent or in conflict with this act are hereby made^foS made a part of this act, so far as they may be applicable thereto. That section forty-seven hundred and sixteen of the l^tion^ne re- Revised Statutes is hereby repealed so far as the sameg^ ts so far M relates to this act or to pensioners under this act. That the provisions of this act shall not apply to any 1^^?" disa- person while under the political disabilities imposed by bil ^ aled by the fourteenth amendment to the constitution of the 30 * 11 " 166 ' 1898 - United States. 26 ARMY AND NAVY PENSIONS. 14 amend, con. T$ O person shall be a Senator or Representative in Con- " g ress ? or e l ec t r ^ President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may I by a vote of two-thirds of each House, remove such disability. i898 Ct 3ostat L' That the disability imposed by secton three of the 43 poiSi disa- fourteenth amendment to the Constitution of the United bmty removed. States heretofore incurred is hereby removed. Act Jan. 5, 1893, That the Secretary of the Interior be, and he is here- 1 otat Li., 41o, c 'increase in^' authorized to increase the pension of every pensioner war cases 16110 " 1 wno * s now on ^ ne ro ^ s a ^ eight dollars per month on account of services in the Mexican war and who is wholly disabled for manual labor, and is in such desti- tute circumstances that eight dollars per month are in- sufficient to provide him the necessaries of life, to twelve dollars per month. Act Apr. 23, That the benefits of the act entitled "An Act granting 1900, 31 Sti c. 2920, part. Act of February sixth, nineteen hundred and seven, en- acf^eb. 10 ^ 190?! titled "^ n Act granting pensions to certain enlisted men extended ^o cer- soldiers, and officers who served in the civil war and th< beneficiaries 3 of war with Mexico," are hereby extended to include any person who served the period of time therein specifiec during the late civil war or in the war with Mexico and who is now or may hereafter become entitled to pen- sion under the Acts of June twenty-seventh, eighteen hundred and ninety, February fifteenth, eighteen hun- dred and ninety-five, and the joint resolution of July first, nineteen hundred and two, or the Acts of January twenty-ninth, eighteen hundred and eighty-seven, March third, eighteen hundred and ninety-one, and February seventeenth, eighteen hundred and ninety-seven. HISTORICAL DATA AS TO PENSION LEGISLATION RELAT- ING TO THE WAR OF THE REVOLUTION, THE WAR OF 1812, AND VARIOUS INDIAN WARS. REVOLUTIONARY WAR. Section 1, act April 10, 1806, 2 Stat. L., 376, provided pensions for known wounds incurred by those who ren- dered service in said war. Section 4 of this act fixed the date of commencement of pension, and section 6 fixed the rates of pension. Acts April 25, 1812, 2 Stat. L., 719; May 15, 1820, 3 Stat. L., 597; February 4, 1822, 3 Stat. L., 650; and May 24, 1828, 4 Stat. L., 307, continued in full force and effect the provisions of the above-cited act until May 24, 1828. PENSIONS BASED ON SERVICE PRIOR TO MARCH 4, 1861. 29 Act March 18, 1818, 3 Stat. L., 410, made provision for granting a service pension to soldiers and sailors who were in indigent circumstances, and act March 1, 1823, Stat. L., 783, fixed the date of commencement of such pension. Act May 15, 1828, 4 Stat. L., 269, granted a service pen- sion to officers, noncommissioned officers, and privates who enlisted during the war and continued in service until its termination, but barred those from receiving its benefits who were then on the pension roll. This limita- tion was by act May 31, 1830, 4 Stat. L., 426, removed as to officers, and by act July 14, 1832, 4 Stat, L., 600, as to noncommissioned officers, musicians, and privates. Act June 7, 1832, 4 Stat. L., 529, was the third act passed granting a service pension to surviving officers and men of the Army, Navy, and Marine Corps who served for two years, and who were not entitled to pension under the act of May 15, 1828, to commence March 4, 1831. and continue during life; and to those serving less than ;wo years but not less than six months, former pensions, lowever, to be relinquished. This limitation was re- moved by act February 19, 1833, 4 Stat. L., 612, and con- strued not to embrace invalid pensioners. Acts July 4, 1836, 5 Stat. L., 128, and March 3, 1837, 5 Stat. L., 187, and resolution July 7, 1838, 5 Stat. L., 311, granted pensions to widows of certain officers and men who served in the Army, Navy, and Marine Corps, as mentioned in the act of June 7, 1832, but placed a imitation as to date of marriage. Acts February 2, 1848, 9 Stat, L., 210; July 29, 1848, 9 Stat. L., 265; and February 3, 1853, 10 Stat. L., 154, extended, and the act of February 28, 1855, 10 Stat. L., 616, removed, this limitation as regards date of marriage. By the joint resolution of July 1, 1848, 9 Stat. L., 336 (now sec. 4743, K. S.), the evidence upon which a pension was granted to an officer or soldier of the Revolution in his lifetime was made conclusive as to the service of such person in any claim for pension filed by his widow ; ind upon proof by her that she was married to such officer or soldier, and of her widowhood, she became entitled to have her name placed on the pension roll at the same rate that such officer or soldier received during his lifetime. By the act of April 2, 1862, 12 Stat L., 376 (now sec. 4742, R. S.), no claim for pension or increase of pension 30 ARMY AND NAVY PENSIONS. could thereafter be allowed in the case of the widow children, or other descendants of any person who servee in the Revolution, when such person or his widow dieu without having established a claim for pension. WAR OF 1812. Section 14, act January 11, 1812, 2 Stat. L., 673; sec tion 5, act February 6, 1812, 2 Stat. L., 677; section 1 act April 16, 1816, 3 Stat. L., 286; section 2, act Augusil 2, 1813, 3 Stat. L., 74; and act April 14, 1842, 5 Stat. L. 437, granted invalid pensions to officers and men of the Regular Army and the militia who were wounded 01 otherwise disabled and to those warriors of the Cherokee Nation and the Southern Indians who were woundec during the War of 1812. By the act of February 14, 1871, 16 Stat. L., 411 incorporated in sections 4736^740, R. S.), pensions were granted to the surviving officers and enlisted and draftee men, including militia and volunteers, of the military and naval service of the United States who served 6C days in the War of 1812 and were honorably discharged and to such other officers and men, having less than 6C days' service, as had been personally named in any reso- lution of Congress for any specific service in that war, and the surviving widows of such persons, provided they were married to the husbands through whom pension is claimed prior to the treaty of peace which terminated said war. INDIAN WARS PRIOR TO MARCH 4, 1861. Section 4, act January 2, 1812, 2 Stat. L., 670, pro- vided pension for officers and men of the Rangers for protection of the frontier of the United States who incurred disabilities by wounds or otherwise during the invasion of any State or Territory by any Indian tribe or tribes. Section 3, act April 10, 1812, 2 Stat. L., 705, extended pension benefits to those engaged in the campaign on the Wabash. Section 4, act June 15, 1832, 4 Stat. L., 533, provided for mounted Rangers who incurred disabilities by wounds or otherwise in the Black Hawk War. Section 5, act May 23, 1836, 5 Stat. L., 33, gave pension benefits to the Volunteers wounded while engaged in the Creek War. Chapter III. r ALID PENSIONS BASED ON SERVICE SINCE MARCH 4, 1861. EC. 4692, R. S. Who are entitled to pen- sions. EC. 4693, R. S. Beneficiaries. EC. 2757, R. S. Revenue cutters to co- operate with Navy. EC. 4741, R. S. Pensions to officers, etc., revenue cutters. EC. 4722, R. S. Missouri militia, exten- sion of pension laws for benefit of. EC. 4723, R. S. Colored soldiers ; " slaves." CT AUG. 3, 1861. Medical cadets. CT MAR. 3, 1863, SECS. 9, 10. Cooks and undercooks. CT APR. 23, 1908, SEC. 9. Medical Re- serve Corps. CT JAN. 21, 1903, SECS. 4, 7, 22, AND ACT MAY 27, 1908, SECS. 3, 5. Militia acts. OINT RESOLUTION MAY 26, 1898. Auxiliary naval force. CT MAR. 3, 1891. First Kansas Colored Volunteers. CT MAR. 25, 1862. Officers and men, west- ern department or department of Mis- souri. CT MAR. 3, 1881. Citizens engaged in operations against Nez Perce" Indians. CT JUNE 8, 1864. Second Regiment, Third Brigade, Ohio Volunteer Militia. CT DEC. 19, 1902. First Ohio Light Artil- lery. A.CT MAR. 1, 1869. Bryson's company of mounted volunteers. CT JULY 14, 1870. Beaty's independent scouts. CT AUG. 5, 1892. Pensions to Army nurses. SEC. 4694, R. S. Limitation, disabilities in- curred since July 27, 1868. SEC. 4700. Sick leave, etc., line of duty. SEC. 4695, R. S. Rate acording to rank. ACT MAR. 3, 1877. Relative rank in the Navy. ACT JUNE 18, 1878. Relative rank in the Navy. SEC. 4696, R. S. Rate dependent on rank when disability originated. ACT FEB. 24, 1897. Rate of pension in case of remuster. ACT JUNE 27, 1890. Service pension granted. ACT MAY 9, 1900. Provisions of act June 27, 1890, amended. JOINT RESOLUTION FEB. 15, 1895. Provi- sions of act June 27, 1890, extended to Missouri Militia. ACT MAR. 6, 1896. Commencement of pen- sions in rejected claims. ACT FEB. 6, 1907. Pensions granted to cer- tain persons who served in Mexican or civil war. ACT MAR. 4, 1907, part. Extending pro- visions of act Feb. 6, 1907. ACT MAR. 4, 1907, part. Age made a spe- cific disability. SEC. 4697, R. S. Rate for specific disabili- ties prior to June 4, 1872. SEC. 4698, R. S. Rate for permanent spe- cific disabilities since June 4, 1872. ACT JUNE 18, 1874. Increase for total dis- ability from certain causes. ACT JUNE 16, 1880. Rate for total help- lessness in cases granted under act June 18, 1874, increased. ACT JUNE 17, 1878. Increase for loss of both hands, both feet, or sight of both ACT MAR. 3, 1879. Increase for total blind- ness. ACT APR. 8, 1904. Increase for total blind- ness. ACT FEB. 12, 1889. Increase for loss of both hands. ACT FEB. 28, 1877. Increase for loss of one hand and one foot, or permanent dis- ability in both. ACT JUNE 18, 1874. Increase for loss of arm at or above elbow, or leg at or above knee. ACT MAR. 3, 1883. Increase for loss of one hand or one foot, or equivalent inca- pacity ; and loss of arm above elbow or leg above knee ; or total incapacity for manual labor. ACT MAR. 3, 1879. Increase for amputation of leg at hip joint. ACT MAR. 3, 1885. Increase for loss of arm at shoulder joint. ACT AUG. 4, 1886. Increase for loss of one hand or one foot, etc. ACT MAR. 2, 1903. Increase for loss of limbs or total disability in the same. ACT AUG. 27, 1888. Increase for deafness. ACT JAN. 15, 1903. Increase for total deaf- ness. 31 32 ARMY AND NAVY PENSIONS. ACT MAR. 4, 1890. Total helplessness ; regu- lar aid and attendance. ACT JULY 14, 1892. Frequent and periodic attendance. SEC. 4698^, R. S. Commencement of in- crease of pension for disabilities not per- manent and specific. SEC. 4699, R. S. Division of $18 rate. ACT MAR. 2, 1895. Minimum rate of $6 per month established ; not retroactive. ACT JAN. 25, 1879. Arrears of pension ; commencement of pension, etc.. ACT MAR. 3, 1879, SEC. 1. Arrears of pen- sion, etc. ACT MAR. 3, 1879, SECS. 2 and 3. Limita- tion as to date of filing and commence- ment of pension, etc. ACT MAR. 3, 1885. Soundness of soldier or sailor at enlistment to be presumed. preceding who^are ^nti- Every person specified in the several classes enumerated tle s d ec P Mar^s ^ ri ^ e fllwing section, who has been, since the fourth 566?'sec.' S if Juty'day ^ M arcn > eighteen hundred and sixty-one, or who is 14, 1862, 12 stat hereafter disabled under the conditions therein stated, Li., OOO. 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 pension- ers 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 spe- cific disability, for which the rate of pension is expressly provided, an amount proportionate to that provided for Duration of total disability; and such pension shall commence as hereinafter provided and continue during the existence of the disability. persons entitled as beneficiaries under the preced- section are as follows: First. Any officer of the Army, including regulars, vol- ,' 12' stat unteers, 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 n sec. 11 July 4, Marine Corps, whether regularly mustered or not, dis- 388^'sec. i^Mar. 3'! abled by reason of any wound or injury received, or dis- S' sec. S if July ease contracted, while in the service of the United States 14 1862 12 Stat Second. Any master serving on a gunboat, or any pilot, 12 stat. engineer, sailor, or other person not regularly mustered, lerving 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 pro- curing his subsistence by manual labor. 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 L., 566. Sec. 1, Mar. 3, 1873, 17 Stat. L., 566. INVALID PENSIONS BASED ON SERVICE SINCE MARCH 4, 1861. 33 regularly organized military or naval force of the United i 8 ff c \l' s ^ y -^' States, or who otherwise volunteered and rendered service 388 - in any engagement with rebels or Indians, disabled in con- sequence of wounds or injury received in the line of duty in such temporary service. But no claim of a State ij^fjyg^Jj militiaman, or nonenlisted person, on account of disa- 237 -' bility from wounds, or injury received in battle with rebels or Indians, w r hile temporarily rendering service, shall be valid unless prosecuted to a successful issue prior to the fourth day of July, eighteen hundred and seventy- four. Fourth. Any acting assistant or contract surgeon dis- igTJjfi/'gJftf if' abled by any wound or injury received or disease con- JfH^g It^Vj tracted in the line of duty while actually performing the 499 - duties of assistant surgeon or acting assistant surgeon with any military force in the field, or in transitu, or in hospital. Fifth. Any provost-marshal, deputy provost-marshal, is^'n'sSS'iJ! or enrolling-officer disabled, by reason of any wound or Sfn^S^L 5 ; injury, received in the discharge of his duty, to procure a m subsistence by manual labor. The revenue-cutters shall, whenever the President so |^enue' R cut- directs, cooperate with the Navy, during which time they ^V^Nay?* 8 shall be under the direction of the Secretary of the Navy, I7 ^f t 1 g{|J- L 2> and the expenses thereof shall be defrayed by the Navy 69 j^ e sec 1492 Department. R - s - The officers and seamen of the revenue-cutters of the | e e ns 4 ilnt?offi- United States, who have been or may be wounded or dis- of rs r evenue ea ?uS a-bled in the discharge of their duty while cooperating te ^ ct Apr 18> with the Navy by order of the President, shall be entitled Jg* 3 sta '- L -> 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. The provisions of this Title are extended to the officers gf ss ^' R mui: and privates of the Missouri State militia, and the pro- '^ 8 Mar 3 visional Missouri militia, disabled by reason of injury J 73 ' 17 stat - L - received or disease contracted in the line of duty while 4> S i| 6 ^i|'st u a ly . such militia was cooperating with United States forces, $-'&la*S; and the widow or children of any such person, dying of l ^ a f^' t fy injury received or disease contracted under the circum- stat - L -' 470 - stances herein set forth, shall be entitled to the benefits of this Title. But the pensions on account of such militia 8001 12 4 34 ARMY AND NAVY PENSIONS. m Vision " s ^all not commence prior to the third day of March, one thousand eight hundred and seventy-three. c e oio 7 r 2 e'd R soi- "^ c l re d persons who enlisted in the Army during dI Mar 3 Sl i87 e 3 S 'i? tne war ^ tne rebellion, and who are now prohibited stat. L.,601. from receiving bounty and pension 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 en- listment. .Act Aug. 3, And be it further enacted. That there be added to the lool, 12 otat. Li., 28 Medi 4 cai se cadets me( ^^ ca ^ s * a ^ ^ ^ ne Army a corps of medical cadets, ad/3ed to medical w hose duty it shall be to act as dressers in the general hospitals and as ambulance attendants in the field, under the direction and control of the medical officers alone. numbe^ 'qimufi' They shall have the same rank and pay as the military cations,etc. cadets at West Point. Their number shall be regulated by the exigencies of service, at no time to exceed fifty. It shall be composed of young men of liberal education, students of medicine, between the ages of eighteen and twenty-three, who have been reading medicine for two years, and have attended at least one course of lectures in a medical college. They shall enlist for one year, and be subject to the rules and articles of war. On the fif- teenth day of the last month of their service, the near approach of their discharge shall be reported to the sur- geon-general, in order, if desired, that they may be re- lieved by another detail of applicants. 1863? 12 fc i.', And ~be it further enacted, That cooks shall be detailed, 74 cwk 7 s 8 for c '^ch in turn, from the privates of each company of troops in dSffirom thl the service of the United States, at the rate of one cook for each company numbering less than thirty men, and two cooks for each company numbering over thirty men, who shall serve ten days each. SSh 10 oUk to And be it further enacted, That the President of the eoofc3 tw under " United States be, and he is hereby, authorized to cause to Pay and ration. fo e enlisted, for each cook, two undercooks of African de- scent, who shall receive for their full compensation ten dollars per month, and one ration per day three dollars of said monthly pay may be in clothing. lowfttijtat. S', That officers of the Medical Reserve Corps when called ^dSSif Serve u P on active duty in the service of the United States, as corps. provided in section eight of this Act, shall be subject to the laws, regulations, and orders for the government of the Regular Army, and during the period of such service INVALID PENSIONS BASED ON SERVICE SINCE MARCH 4, 1861. 35 shall be entitled to the pay and allowances of first lieu- an ^ s y and allow - tenants of the Medical Corps with increase for length of service now allowed by law, said increase to be computed only for time of active duty: Provided, That no officer ^entitled to of the Medical Reserve Corps shall be entitled to retire- S^pt!^' etc " ment or retirement pay, nor shall he be entitled to pension except for physical disability incurred in the line of duty while in active duty : * * *. That whenever the United States is invaded, or & 1903*82 afe L lf , danger of invasion from any foreign nation, or of rebel- J 79> c - 196 > lion against the authority of the Government of the organized MIII- V .111 tia to be called United States, or the President is unable, with the other for in case of in- vasion, etc. forces at his command, to execute the laws of the Union in any part thereof, it shall be lawful for the President to call forth, for a period not exceeding nine months, such number of the militia of the State or of the States or Territories or of the District of Columbia as he may deem necessary to repel such invasion, suppress such rebellion, or to enable him to execute such laws, and to issue his orders for that purpose to such officers of the militia as he may think proper. That every officer and enlisted man of the militia who sec- 7 > Id- shall be called forth in the manner hereinbefore pre- service ' the scribed and shall be found fit for military service shall be mustered or accepted into the United States service by a duly authorized mustering officer of the United States: Provided, however, That any officer or enlisted man of the militia who shall refuse or neglect to present himself to such mustering officer upon being called forth as herein prescribed shall be subject to trial by court- martial, and shall be punished as such court-martial may direct. That when any officer, noncommissioned officer, or pri- sec. 22, id. ...... , P e n s i o n for vate of the militia is disabled by reason of wounds or wounds, etc. disabilities received or incurred in the service of the United States he shall be entitled to all the benefits of the pension laws existing at the time of his service, and in case such officer, noncommissioned officer, or private dies in the service of the United States or in returning to his place of residence after being mustered out of such service, or at any time, in consequence of wounds or dis- abilities received in such service, his widow and children, if any, shall be entitled to all the benefits of such pension laws. 36 ARMY AND NAVY PENSIONS. i908 Ct 35^St ?' That section four of said Act as amended be, and the * same is hereby, amended and reenacted so as to read as follows : organized Mm- " g EC . 4. That whenever the United States is invaded tia to be called for . . . in case of inva- O r in danger or invasion from any foreign nation, or or rebellion against the authority of the Government of the United States, or the President is unable with the regular forces at his command to execute the laivs of the Union, it shall be lawful for the President to call forth such number of the militia of the State or of the States or Territories or of the District of Columbia as he may deem necessary to repel such invasion, suppress such re- bellion, or to enable him to execute such laws, and to issue his orders for that purpose, through the governor of the respective State or Territory, or through the command- ing general of the militia of the District of Columbia, from which State, Territory, or District such troops may be called, to such officers of the militia as he may think proper." Sec. 5, id. That section seven of said Act as amended be, and the same is hereby, amended and reenacted so as to read as follows : Mustering into " EC . 7. That every officer and enlisted man of the service of the united states, militia who shall be called forth in the manner herein- before prescribed, shall be mustered for service without further enlistment, and without further medical exam- ination previous to such muster, except for those States and Territories which have not adopted the standard of medical examination prescribed for the Regular Army: Provided, however, That any officer or enlisted man of the militia who shall refuse or neglect to present himself for such muster, upon being called forth as herein pre- scribed, shall be subject to trial by court-martial and shall be punished as such court-martial may direct." May^Sfso That a United States Auxiliary Naval Force is hereby ^sec''i N ' authorized to be established, to be enrolled in such num- bers as the President may deem necessary, not exceeding three thousand enlisted men, for the exigencies of the rce " present war with Spain, and to serve for a period of one year, or less, and shall be disbanded by the President at the conclusion of the war. sec. 2, id. That the chief of the United States Auxiliary Naval Force shall be detailed by the Secretary of the Navy from the active or retired list of the line officers of the Navy INVALID PENSIONS BASED ON SERVICE SINCE MARCH 4, 1861. 37 not below the grade of captain, who shall receive the highest pay of his grade while so employed. That enlistment into the United States Auxiliary Naval sec.3,id. Force shall be made by such officer or officers as the Navy Department may detail for the purpose, who shall also select from merchant vessels and other available sources such volunteers as may be deemed best fitted for service as officers in said force, and shall report to the Secretary of the Navy, for his action, their names and the grade for which each is recommended. That for the purposes of this organization the coast ^ c - 4 ' id - line shall be divided into districts, each of which shall coast line into be in charge of an assistant to the chief of the United States Auxiliary Naval Force; and such assistant chiefs may be detailed by the Secretary of the Navy from the officers of the active or retired list of the line of the Navy, or appointed by him from civil life, not above the rank of lieutenant-commander. That the officers and men comprising the United States s ec- 5, id. Auxiliary Naval Force shall receive the same pay and Pay. emoluments as those holding similar rank or rate in the Regular Navy; and all matters relating to the organiza- conformance to tion, discipline, and government of men in said force etcT 71 shall conform to the laws and regulations governing the United States Navy. That the chief of the United States Auxiliary Naval sec?6,id. Force or such officers as the Navy Department may detail MmtS ce for such service, ma} 7 , with the consent of the governor of any State, muster into the said Force the whole or any part of the organizations of the Naval Militia of any State to serve in said Auxiliary Naval Force, and shall report to the Secretary of the Navy, for his action, the names and grades for which commissions in said United States Auxiliary Naval Force shall be issued to the officers of such Naval Militia, and shall have the power to ap- point and disrate the petty officers thereof. That the officers, warrant officers, petty officers, and en- sec.7,id. listed men and boys of the United States Auxiliary Naval a 4Sabie?a Force thus created shall be paid from the appropriation " Pay of the Navy " ; and the sum of three million dol- lars, or so much thereof as may be required, is hereby appropriated, from any money in the Treasury not other- wise appropriated, for the purchase or hire of vessels Hire, etc., of necessary for the purposes of this resolution. 38 ARMY AND NAVY PENSIONS 1891*26 stat L 3 ' That a ^ ffi cers f tne First Kansas Colored Volun ^ were mustered into the service of the Unit teerT d V lun " States on or before the second day of May, eighteen hun- Date of muster. (j re( j an( j sixty-three, shall take rank and be entitled to pay from the date when they respectively held and per- formed the duties of their rank in said regiment, or in the companies or battalions of which said regiment was composed, of a rank equal to the rank they respectively held when mustered into the service of the United States in said regiment. Ran! 1 etc to That Captain Andrew I. Crew, Corporal Joseph -Tal- those tilled' at bot, Privates Marion Barber, Samuel Davis, Henry Gash, Island Mound, J Mo - Thomas Lane, Allen Rhodes, and John Sixkiller, who were killed in action at Island Mound, Missouri, October twenty-eighth, eighteen hundred and sixty-two, whilst on duty with the companies and battalions of which said regiment was subsequently composed, shall be entitled to the rank, pay, and emoluments conferred by section one of this act. pXisk)!?' rights That Privates Edward Curtis, Jacob Edwards, Laz- to wounded. a rus Johnson, General Dudley, Manuel Dobson, and Thomas Knight, of said companies and battalions, who were wounded in action at Island Mound, Missouri, October twenty-eighth, eighteen hundred and sixty-two, but were not mustered into the United States service, shall be entitled to all rights, privileges, and benefits con- ferred upon wounded or disabled soldiers by the pro- visions of the United States pension laws. reductions of That in computing the pay and allowances to which ceived already ^ P ersons ma 7 be entitled under the provisions of this act, any pay and allowances which such parties may have received from the United States for services rendered during the period of time included within the provisions of this act, in any other grade or capacity, shall be deducted from the amount that may be due them under the provisions of this act, is^f i2^tal L 5 ; That the Secretary of War be, and he is hereby, author- 37 pIVto Officers i ze ^ anc ^ re( l u i re d to allow and pay to the officers, non- Departmen? ^commissioned officers, musicians, and privates who have Mi 6 ssouri St or of 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 INVALID PENSIONS BASED ON SERVICE SINCE MARCH 4, 1861. 39 cf the department of the West, or the department of the Missouri, the pay and bounty as in cases of regular en- listment. That the officers, noncommissioned officers, musicians, PLOTS'. and privates so employed, who may have been wounded or incapacitated for service, shall be entitled to and re- ceive the pension allowed for such disability: Provided, Provlso - That the length and character of their enlistment and service be such as to entitle them under existing laws to such pension. That the heirs of those killed in battle, or of those fSte'df those who may have died from wounds received while so in ha^boiSty and service, shall be entitled to receive the bounty and pay pay to which they would have been entitled had they been regularly mustered into service: Provided, That the Proviso - bounty and pay referred to in this act shall not be pay- able unless their term of enlistment and service be of such duration as to entitle them to receive the same, according to existing laws. That each volunteer who joined the forces of the issi, 21 stat. L.) United States, in the Territory of Montana, during the Nez Pei-cs in- ' J ' f dian War; Mon- war with the .Nez Perce Indians, shall be paid one dollar tana citizens , . , . serving in, af- per day during the term of such service, from the time forded relief. that he left his home until he was returned thereto, in- cluding all the time spent in hospital under treatment by such as received wounds or other injuries in such service. That all persons who were wounded or disabled in f^^ 1 for such service, and the heirs of all who were killed in such o?Ssabied OUnded 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 volun- teer forces of the United States. That the second regiment, third brigade, Ohio vol- 1^13 s2t. if| nnteer militia, mustered into the service of the United payment of States at Cincinnati, Ohio, on the fourth day of Septem- ber, eighteen hundred and sixty-two, notwithstanding irregularity may have occurred in the manner of their mustering into the service of the United States, be paid for the time the officers and men were in the service, respectively, after being so mustered, not, however, to exceed the period of thirty days. 40 ARMY AND NAVY PENSIONS. i902 Ct 32"stat i?' That the officers and enlisted men of the First Regi- 75 Fi?st 7 bhio voi- ment Ohio Volunteer Light Artillery (three months' "nteer Light Ar- serv j ce ^ furnished by the State of Ohio, under the call ^^tary service O f ^] ie President of the United States, issued on the fif- teenth day of April, eighteen hundred and sixty-one, and which rendered actual military service under the com- mand of officers of the United States and in cooperation with the regularly organized military forces of the United States, shall be held and considered to have been in the military service of and to have formed a part of the military establishment of the United States during the period for which said organization was enlisted and was in active service, and that the Secretary of War be, and he hereby is, authorized and directed to issue certifi- cates of discharge, upon due application and satisfactory proof of identity, for all honorably discharged members No V a SO 'etc ^ ^ e sa ^ organization : Provided, That no pay, bounty, or other emoluments shall become due or payable by virtue of the passage of this Act. is^tat^L 1 ' 1 ^!' That the company of mounted volunteers raised and C 'p 9 a ment of comma nded by Captain Goldman Bryson, of Cherokee Br p son's G ld con> coun ty, State of North Carolina, under authority of vofmit ) eers OUnted ^ a J or "^ eiiera ^ Rosecrans, an d received into the service of the United States by Major-General Burnside, Septem- ber twenty-ninth, eighteen hundred and sixty- three, and such men as were accepted into the service of the United States by the said Captain Goldman Bryson within one month thereafter, and the widows, heirs, and legal repre- sentatives of the officers and enlisted men, shall be entitled to pay, bounty, pension, and allowances according to their grade and time of service as other volunteers in the service of the United States, notwithstanding any infor- mality in their muster or enlistment into the service orf the United States, under such rules and regulations as may be adopted by the proper accounting officer of the treasury. i8TO Ct i6 J stat if' Whereas David Beaty, of Fentress county, Tennessee, 65 preambie ^^' on *ke twenty-fifth day of January, eighteen hundred and sixty-two, organize a company of independent scouts, numbering one hundred and two men, including himself as captain and his first and second lieutenants; and whereas said company was on continuous duty engaged in the work of suppressing the rebellion from the date of its organization until the first day of June, eighteen hun- INVALID PENSIONS BASED ON SERVICE SINCE MARCH 4, 1861. 41 dred and sixty-five, serving under the orders of the com- mander of the army in Tennessee; and whereas said company was never legally mustered into the service of the United States by any properly authorized mustering officer, and neither officers nor privates of said company have ever received any compensation for said services from the government of the United States: Therefore, Be it enacted, etc., That the organization set forth in the foregoing preamble be, and the same is hereby, recog- ^ nized as a part of the military force of the United engaged in suppressing the recent rebellion, and the mem- 2a.5' I t jJ^ ie bSs bers thereof, on making proof of actual service, are de- U" tle j si jj s pay clared to be entitled to the same pay, pensions, as though they had been regularly mustered into the service of the United States as cavalry: Provided, That there shall be Provisos, filed in the War Department a roll of said company, which shall be sworn to by the captain and two lieuten- ants of said company: And provided, further, That each soldier, upon applying for payment under this act, shall be required to make oath as to the length of his service in said company. That all women employed by the Surgeon General of 18 $> ct 27 ffat L' the Army as nurses, under contract or otherwise, duiang.^^^Jf-^ the late war of the rebellion, or who were employed as Army nurses - nurses during such period by authority which is recog- nized by the War Department, and who rendered actual service as nurses in attendance upon the sick or wounded in any regimental, post, camp, or general hospital of the armies of the United States for a period of six months or ice Period of serv " more, and who were honorably relieved from such service, and who are now or may hereafter be unable to earn a support, shall, upon making due proof of the fact accord- ing to such rules and regulations as the Secretary of the Interior may provide, be placed upon the list of pension- ers of the United States and be entitled to receive a pen- pe?mX. to $12 sion of twelve dollars per month, and such pension shall commence from the date of filing of the application in the Pension Office after the passage of this act : Provided, That no person shall receive more than one pension the same period. That no fee, compensation, or allowance shall be paid to, received, or accepted by any agent, attorney, or other ^Jf!^ 011 to at ~ person instrumental in the prosecution of any claim for pension under this act; and any person who may make 42 ARMY AND NAVY PENSIONS. any claim upon any applicant for any fee, compensation, Penait or a ^ owance shall be guilty of a misdemeanor, and upon j conviction shall be fined not exceeding five hundred dol- 1 lars, or imprisoned at hard labor not exceeding one year, or both, in the discretion of the court ; and it shall be the duty of the Interior and War Departments to render all I proper aid to applicants under this act. sec. 4694, R. s. No person shall be entitled to a pension by reason of casesof disability pounds or injury received or disease contracted in the jufy U 2"i868 Smce service of the United States subsequent to the twenty- i873,'i7'stat r 'L. | seventh day of July, eighteen hundred and sixty-eight 567; sec. 2, Jnly 1,1 % i i i 27,1868, 15 stat. unless the person who was wounded, or injured, or con tracted 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 garrison; or, if in the naval service, was at th< time borne on the books of some ship or other vessel o: the United States, at sea or in harbor, actually in com mission, 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. Sec. 4700, R. s Officers absent on sick-leave, and enlisted men absem furiough, ave Vete- on sick-furlough, or on veteran- furlough with the organi- ofdu?y. ug ' me zation to which thev belong, shall be regarded in the Sec. 6, Mar. 3, -,..,,. - ,, " . , . ,, ' 1873, 17 stat. L., administration of the pension-laws in the same manner 569; sec. 8, June 6. * ,1 ji r> T i i -j i 1866, 14 stat. L., as if they were in the field or hospital. 57. sec. 4695, R .s. The pension for total disability shall be as follows, namely: For lieutenant-colonel and all officers of higher ! 6 !; rank in the military service and in the Marine Corps, 567?sec!i?jSyi4| an< i ^ or captain, and all officers of higher rank, com- 1862, 12 tat. L., man( j er) surgeon, paymaster, and chief engineer, respec- 188^22 sta"ij tively ranking with commander by law, lieutenant com- manding and master commanding, in the naval service, thirty dollars per month; for major in the military serv- ice and in the Marine Corps, and lieutenant, surgeon, paymaster, and chief engineer, respectively ranking with lieutenant by law, and passed assistant surgeon in the Enrolling ofn- naval service, twentv-five dollars per mouth: for captain cer, provost and . / * ^ deputy provost in the military service and in the Marine Corps, chaplain i866 C i4's J t uly i?'^ n * Be ^ rm y> an( ^ provost-marshal, professor of mathe- 230 -' 'matics, master, 1 assistant surgeon, assistant paymaster, 1 A J ct Mar. 3, 1883, 22 Stat. L., 472, changes title of master to lieutenant and provides that masters now on the list shall constitute a junior grade of lieutenants. INVALID PENSIONS BASED ON SERVICE SINCE MARCH 4, 1861. 43 and chaplain in the naval service, twenty dollars per month; for first lieutenant in the military service and Contract sur- in the Marine Corps, acting assistant or' contract sur- 18 |f c ' 13 2 ' s ^t r 'L 3 ' geon, and deputy provost-marshal, seventeen dollars per 499 - 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 mid- shipman, midshipmen, 1 clerks of admirals and paymas- ters and of other officers commanding vessels, second and third assistant engineer, master's mate, and all warrant- officers in the naval service, ten dollars per month; and for all other persons whose rank or office is not men- tioned in this section, eight dollars per month; 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 like rank in the naval service. That from and after the passage of this act, the pension for total disability of passed assistant engineers, assistant a engineers, and cadet engineers in the naval service, re- spectively, shall be the same as the pensions allowed officers of the line in the naval service with whom they have relative rank; and that all acts or parts of acts in- consistent herewith be, and are hereby, repealed. 2 That from and after July sixteenth, eighteen hundred 18 ^ 8 ct 20 J g t ^ e t 8 ' and sixty-two, pensions granted to lieutenant-command- 16 | ? e ^ 8 - g ^J ers in the Navy for disability, or on account of their ^Lieutenant death, shall be the same as theretofore provided for lieu- commanders i n tenants-commanding. Every commissioned officer of the Army, Naw, or sec.4696,R.s. .__ . J -, . /' Rate of pension Marine Corps shall receive such and only such pension as snail be according is provided in the preceding section, for the rank he held time disability . . . . . ,. was contracted. at the time he received the injury or contracted the dis- f| c ' 17 2 ' s ^ ar - L 3 ' ease which resulted in the disability, on account of which 566.' J ' . . See sec. 1, July he may be entitled to a pension ; and any commission or H, isp, 12 stat. presidential appointment, regularly issued to such P erson ? shall be taken to determine his rank from and after the from and after date given in the date, as given in the body of the commission or appoint -bodof the com- ment conferring said rank: Provided, That a vacancy f vi / j une 6 existed in the rank thereby conferred; that the person isee, i* stat. L.; commissioned was not disabled for military duty; and that he did not willfully neglect or refuse to be mustered. 1 Title of midshipman changed to ensign, and midshipmen now on the list to constitute a junior grade of ensigns. 2 Relative rank abolished by act Mar. 3, 1899, 30 Stat. L., 1006, c. 413. 44 ARMY AND NAVY PENSIONS. 1897^29 Sat. S| That an y P erson wno was duly appointed or commis- 59 v\Xunteers. c " *' s i ne d to be an officer of the volunteer service during the war of the rebellion, and who was subject to the muster- ing regulations at the time applied to members of the volunteer service shall be held and considered to have j been mustered into the service of the United States in the grade named in his appointment or commission from oncers to take the date from which he was to take rank under and bv rank by terms of J appointment. the terms of his said appointment or commission, whether Pay,etc. ^ game wa s" actually received by him or not, and shall be entitled to pay, emoluments, and pension as if actually actual da P trfo r rm a . niustere(i at that date : Provided, That at the date from ance of duties, which he was to take rank by the terms of his said ap- pointment or commission there was a vacancy to which he could be so appointed or commissioned, and his command had either been recruited to the minimum number re- quired by law and the regulations of the War Depart- ment, or had been assigned to duty in the field, and that he was actually performing the duties of the grade to which he was so appointed or commissioned ; or if not so performing such duties, then he shall be held and con- sidered to have been mustered into service and to be entitled to the benefits of such muster from such time after the date of rank given in his commission as he may have actually entered upon such duties : Provided further, Prisoners of That anv person held as a prisoner of war, or who may war, or disabled. , r . ' . J have been absent by reason or wounds, or in hospital by reason of disability received in the service in the line of duty, at the date of issue of his appointment or commis- sion, if a vacancy existed for him in the grade to which so appointed or commissioned^ shall be entitled to all the benefits to which he would have been entitled under this Act if he had been actually performing the duties of the grade to which he was appointed or commissioned at said Limitation, date: Provided further. That this Act shall be contrued to apply only in those cases where the commission bears date prior to June twentieth, eighteen hundred and sixty- three, or after that date when the commands of the per- sons appointed or commissioned were not below the mini- mum number required by then existing laws and regula- Deduction of tions: And provided furtlier, That the pay and allow- ances actually received for the period covered by the recognition extended under this Act shall be deducted from the sums otherwise to be paid thereunder. INVALID PENSIONS BASED ON SERVICE SINCE MARCH 4, 1861. 45 That the heirs or legal representatives of any person Juowance to whose muster into service shall be recognized and estab- heirs - llished under the terms of this Act shall be entitled to i receive the arrears of pay and emoluments due, and the pension, if any, authorized by law, for the grade to which recognition shall be so extended. That the pay and allowances of any rank or grade sec.3,id. L J . _ . ... J .No deductions paid to and received by any military or naval omcer in good faith for services actually performed by such officer in such rank or grade during the war of the rebellion, other than as directed in the fourth proviso of the first section of this Act, shall not be charged to or recovered back from such officer because of any defect in the title of such officer to the office, rank, or grade in which such services were so actually performed. That all acts and parts of acts inconsistent with the provisions of this Act be, and the same are hereby, re- pealed. 1 That all persons who served ninety days or more in 1 ^o ct 2 6 J sS5 7 ' the military or naval service of the United States dur- 18 ^^ff d 4 ' s ^'4l ing the late war of the rebellion and who have been ice90da y s - honorably discharged therefrom, and who are now or Cl ^ r e 0rable dis " who may hereafter be suffering from a mental or physi- cal disability of a permanent character, not the result see act May 9, of their own vicious habits, which incapacitates themm' from the performance of manual labor in such a degree as to render them unable to earn a support, shall, upon making due proof of the fact, according to such rules and regulations as the Secretary of the Interior may provide, be placed upon the list of invalid pensioners of the United States, and be entitled to receive a pension not exceeding twelve dollars per month, and not less Rate - than six dollars per month, proportioned to the degree of inability to earn a support; and such pension shall i ,. , ,. . Commence- commence from the date of the filing of the application ment. SPP act AJdT 6 in the Pension Office, after the passage of this act, upon i|96, Btet L.| proof that the disability then existed, and shall continue during the existence of the same: Provided, That per- Election - sons who are now receiving pensions under existing laws, or whose claims are pending in the Pension Office, may, 1 Prior acts relating to muster, remuster, and pay of certain officers and enlisted men of the volunteer forces in the Civil War : Joint resolu- lution July 26, 1866, 14 Stat. L., 368 ; joint resolution July 11, 1870, 16 Stat. L., 385 ; act June 3, 1884, 23 Stat. L., 34 ; act Feb. 3, 1887, 24 Stat L., 377. 46 ARMY AND NAVY PENSIONS. by application to the Commissioner of Pensions, in such form as he may prescribe, showing themselves entitled thereto, receive the benefits of this act; and nothing herein contained shall be so construed as to prevent any pensioner thereunder from prosecuting his claim and receiving his pension under any other general or special act: Provided, however, That no person shall receive more than one pension for the same period: And pro- ga?ded k d * s r e ~ vided further, That rank in the service shall not be con- sidered in applications filed under this act. sec 3, id. That if any officer or enlisted man who served ninety Widows and % *. minors. days or more in the Army or Navy of the United States during the late war of the rebellion, and who was honor- low 6 3i c stat ay L 9 ' a kty discharged has died, or shall hereafter die, leaving 17 - a widow without other means of support than her daily labor, or minor children under the age of sixteen years, such widow shall, upon due proof of her husband's death, without proving his death to be the result of his Army service, be placed on the pension-roll from the date of the application therefor under this act, at the rate of eight dollars per month during her widowhood, and shall also be paid two dollars per month for each child of such officer or enlisted man under sixteen years of age, and in case of the death or remarriage of the widow, leaving a child or children of such officer or enlisted man under the age of sixteen years, such pension shall be paid such child or children until the age of sixteen: manent? 'heFp- Provided, That in case a minor child is insane, idiotic, less children. or otherwise permanently helpless, the pension shall con- tinue during the life of said child, or during the period of such disability, and this proviso shall apply to all pensions' heretofore granted or hereafter to be granted under this or any former statute, and such pensions shall commence from the date of application therefor after the passage of this act : And provided further, That said widow shall have married said soldier prior to the pas- sage of this act. Attorneys fee That no agent, attorney, or other person engaged in preparing, presenting, or prosecuting any claim under the provisions of this act shall, directly or indirectly, contract for, demand, receive, or retain for such services in preparing, presenting, or prosecuting such claim a 1 sum greater than ten dollars, which sum shall be payable only upon the order of the Commissioner of Pensions, by INVALID PENSIONS BASED ON SEKVICE SINCE MARCH 4, 1861. 47 he pension agent making payment of the pension al- owed, and any person who shall violate any of the pro- idsions of this section, or who shall wrongfully withhold w uh h n o g idYng JTom a pensioner or claimant the whole or any part of a jyjoner. n fr m pension or claim allowed or due such pensioner or claim- ant under this act, shall be deemed guilty of a misde- meanor, and upon conviction thereof shall, for each and livery such offense, be fined not exceeding five hundred pr is^ent d im ~ dollars, or be imprisoned at hard labor not exceeding two [rears, or both, in the discretion of the court. That sections two and three of an Act entitled "An Act 31 Steffi, 9 !?! granting pensions to soldiers and sailors who are inca- ^^ June 27> oacitated for the performance of manual labor, and pro- JSended; 2 and 3 Hiding for pensions to widows, minor children, and de- pendent parents," be, and the same are hereby, amended 1 30 as to read as follows: "SEC. 2. That all persons who served ninety days fl* djJK more in the military or naval service of the United States entitled - t during the late war of the rebellion and who have been honorably discharged therefrom, and who are now or who may hereafter be suffering from any mental or physical disability or disabilities of a permanent char- acter, not the result of their own vicious habits, which so a ^. ious habits [incapacitates them from the performance of manual labor as to render them unable to earn a support, shall, upon making due proof of the fact, according to such rules and regulations as the Secretary of the Interior may provide, be placed upon the list of invalid pensioners of the United States, and be entitled to receive a pension not ex- ceeding twelve dollars per month and not less than six Rate, 'dollars per month, proportioned to the degree of inability of D fcSSty tt( 5 to earn a support ; and in determining such inability each ea and every infirmity shall be duly considered, and the ag- gregate of the disabilities shown be rated, and such pen- rated " sion shall commence from the date of the filing of the ap- plication in the Bureau of Pensions, after the passage efffiS * this Act, upon proof that the disability or disabilities then existed, and shall continue during the existence of the same: Provided, That persons who are now receiving appu3mts ers for pensions under existing laws, or whose claims are pending in the Bureau of Pensions, may, by application to the Commissioner of Pensions, in such form as he may pre- scribe, showing themselves entitled thereto, receive the benefits of this Act ; and nothing herein contained shall be 48 ARMY AND NAVY PENSIONS. on? n e for nors entitled. ify widow. Minor's title, so construed as to prevent any pensioner thereunder from prosecuting his claim and receiving his pension under an y other general or special Act: Provided, however, That no person shall receive more than one pension for ^ 6 same period: And provided further, That rank in the service shall not be considered in applications filed under this Act. " S EC - 3. That if any officer or enlisted man who served ninety days or more in the Army or Navy of the United States during the late war of the rebellion, and who was honorably discharged has died, or shall hereafter die. leaving a widow without means of support other than Amount of in- her daily labor, and an actual net income not exceeding I come to disqual- * two hundred and fifty dollars per year, or minor children under the age of sixteen years, such widow shall, upon due proof of her husband's death, without proving his death to be the result of his army service, be placed on the pension roll from the date of the application therefor under this Act, at the rate of eight dollars per month during her widowhood, and shall also be paid two dollars per month for each child of such officer or enlisted man under sixteen years of age; and in case of the death or remarriage of the widow, leaving a child or children of such officer or enlisted man under the age of sixteen years, such pension shall be paid such child or children , Im ??2 or help " unt il tne a g e f sixteen : Provided, That in case a minor less children. ... ... . child is insane, idiotic, or otherwise physically or men- tally helpless, the pension shall continue during the life of said child, or during the period of such disability; and this proviso shall apply to all pensions heretofore granted or hereafter to be granted under this or any m ( en 1 t l o 1 f en e C n-^ ormer s ^tute ; and such pensions shall commence from sions. the date of application therefor after the passage of this to tim e a o? n mar- Act: And provided further. That said widow shall have married said soldier prior to the passage of the said Act of June twenty-seventh, eighteen hundred and ninety." That the provisions of the Act of June twenty-seventh, n nun dred and ninety, be, and are hereby, ex- ti( Act 3 of June 27 tended to include the officers and privates of the Missouri Sin ap feouri State Militia and the Provisional Missouri Militia who * an J d serve d ninety days during the late War of the Rebellion, and were honorably discharged, and to the widows and minor children of such persons. The provisions of this Act shall include all such persons now on the pension rolls, or who may hereafter apply to be admitted thereto. Proviso - Mexi - Rating. INVALID PENSIONS BASED ON SERVICE SINCE MAECH 4, 1861. 49 That whenever a claim for pension under the Act of 18 4 ct 2 9 JftJJt L' June twenty-seventh, eighteen hundred and ninety, been, or shall hereafter be, rejected, suspended, or dis- missed, and a new application shall have been, or shall hereafter be, filed, and a pension has been, or shall here- after be, allowed in such claim, such pension shall date from the time of filing the first application, provided the evidence in the case shall show a pensionable disability to have existed, or to exist, at the time of filing such first application, anything in any law or ruling of the Depart- ment to the contrary notwithstanding. That any person who served ninety days or more in the military or naval service of the United States during the late civil war or sixty days in the war with Mexico, and who has been honorably discharged therefrom, and who has reached the age of sixty-two years or over, shall, upon making proof of such facts according to such rules and regulations as the Secretary of the Interior may provide, be placed upon the pension roll, and be entitled to receive a pension as follows: In case such person has reached the age of sixty-two years, twelve dollars per month ; seventy years, fifteen dollars per month ; seventy- five years or over, twenty dollars per month; and such pension shall commence from the date of filing of the application in the Bureau of Pensions after the passage and approval of this Act : Provided, That pensioners who Provisos. are sixty-two years of age or over, and who are now re- Present pen- . . J . J . ' sioners and appli- ceiving pensions under existing laws, or whose claims cants entitled. are pending in the Bureau of Pensions, may, by appli- cation to the Commissioner of Pensions in such form as he may prescribe, receive the benefits of this Act; and nothing herein contained shall prevent any pensioner or person entitled to a pension from prosecuting his claim and receiving a pension under any other general or spe- cial Act : Provided, That no person shall receive a pension Double pen- under any other" law at the same time or for the same sions P rohiblted - period that he is receiving a pension under the provisions cf this Act: Provided further. That no person who is Restriction. now receiving or shall hereafter receive a greater pension under any other general or special law than he would be entitled to receive under the provisions herein shall be pensionable under this Act. That rank in the service shall not be considered in .... T -i i -, applications filed hereunder. 8001 12 5 sec.2,id. Rank in service not considered. 50 ARMY AND NAVY PENSIONS. i^enVnot en- That no pension attorney, claim agent, or other person saion to compen " shall be entitled to receive any compensation for services rendered in presenting any claim to the Bureau of Pen- sions, or securing any pension, under this Act. - i9o^7 0t 34 stat' L 4 ' * * * And provided further, That hereafter the age 14 Age 'made p perl ^ sixty-two years and over shall be considered a per- Ssab5ity SpeCiflCmanem ^ sp 60 ^ disability within the meaning of the pen- acf rib i0 6 ns i9o? f s ^ on l ftws : And provided further, That the benefits of the extended "to' cer^ c ^ ^ February sixth, nineteen hundred and seven, enti- of tled "An Act granting pension to certain enlisted men, soldiers, and officers who served in the civil war and the war with Mexico," are hereby extended to include any person who served the period of time therein specified during the late civil war or in the war with Mexico and who is now or may hereafter become entitled to pen- sion under the Acts of June twenty-seventh, eighteen hun- dred and ninety, February fifteenth, eighteen hundrec and ninety-five, and the joint resolution of July first nineteen hundred and two, or the Acts of January twenty- ninth, eighteen hundred and eighty-seven, March third eighteen hundred and ninety-one, and February seven- teenth, eighteen hundred and ninety-seven, fteteofpensioii ^ or ^ e P 61 ^ ^ commencing July fourth, eighteen hun- aSd sSX'dfs-dred an( ^ sixty-four, and ending June third, eighteen quent e to JuYy^ hundred and seventy-two, those persons entitled to a less juife4 n i87? riorto P ens ^ on than hereinafter mentioned, who shall have lost i873, c 'i7 's^t. r 'L 3 ' hoth feet in the military or naval service and in the iSiTs^ta^L^li 116 f duty, shall be entitled to a pension of twenty dol- i8S, s i3'stat ar i!;l ar s per month; 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 dollars per month; and for the period commencing March third, eighteen hundred and sixty-five, and ending June third, eighteen hundred and seventy-two, those per- andfootf see^ct sons WR o under like circumstances shall have lost one hand stat'. L?,' 264? 7 ' 19 and one foot, shall be entitled to a pension of twenty dol- lars per month; and for the period commencing June sixth, eighteen hundred and sixty-six, and ending June third, eighteen hundred and seventy-two, those persons hands 1 bothe^e? wno un der like circumstances shall have lost one hand or ?*',? one foot, shall be entitled to a pension of fifteen dollars OUl' J UJJ.C J./j lO/Oy and S Mar'3''i879'P er mon th ; and for the period commencing June sixth, 2 lor ^eg' amjju- e ^hteen hundred and sixty-six, and ending June third, ^iot^i. 3,' e ^hteen hundred and seventy-two, those persons entitled 1879, 20 stat. L.; t a less pension than hereinafter mentioned, who by INVALID PENSIONS BASED ON SERVICE SINCE MARCH 4, 1861. 51 reason of injury received or disease contracted in the mil- ^V'steTL 6 ' itary or naval service of the United States and in the line 56 - of duty, shall have been permanently and totally 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 23 to total render them utterly helpless, or so nearly so as to require regular personal aid and attendance of another person, shall be entitled to a pension of twenty -five dollars per f **; ^- month ; and for the same period those who under like St |^^c circumstances shall have been totally and permanently^ 1 ^ 6 ' 14 stat> disabled in both feet, or in one hand and one foot, or otherwise so disabled as to be incapacitated for the per- formance of any manual labor, but not so much as to require regular personal aid and attention, shall be enti- tled 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 equivalent to the loss of a hand or foot, shall be entitled to a pension of fifteen dollars per month. From and after June fourth, eighteen hundred 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 lostg c b * h the sight of one eye, the sight of the other having been previously lost, or shall have lost both hands, or shall have lost both feet, or been permanently and totally dis-Jstat. r 7 | abled in the same, or otherwise so permanently ' totally disabled as to render them utterly helpless, or nearly so as to require the regular personal aid attendance of another person, shall be entitled to a pen- p sion of thirty-one dollars and twenty-five cents per j month ; and all persons who, under like circumstances, JjJJJ i6 17 i88o 87 li shall have lost one hand and one foot, or been totally and $**- ^ ff^^ permanently disabled in the same, or otherwise so dis- st g^tsMar .3, abled as to be incapacitated for performing any manual Jfjf A 2 u g S 4f isk labor, but not so much as to require regular personal aid^ d s g^ ^'m^', and attendance, shall be entitled to a pension of twenty- 32 |o?iossof 9 hand four dollars per month ; and all persons who, under li circumstances, shall have lost one hand, or one foot, or f ta ^' been totally and permanently disabled in the same, or L -^ 4 - leg amp otherwise so disabled as to render their incapacity toj|^$ h $i" 1879, 20 Stat, L., 483. 52 ARMY AND NAVY PENSIONS. perform manual labor equivalent to the loss of a hand or foot, shall be entitled to a pension of eighteen dollars per month: Provided, That all persons who, under like 1 Jo ec 'i7 4 'a? f ? r 'T 3 ' circumstances, ha've lost a leg above the knee, and in Ici/Oj I/ DtciC. -"-i consequence thereof are so disabled that they can not use artificial limbs, shall be rated in the second class and receive twenty-four dollars per month from and after seJact l e ug ne S J une fourth, eighteen hundred and seventy-two; and all J^'jai S i5 at i903' persons who, under like circumstances, shall have lost the 32 stat. L.,773. hearing of both ears, shall be entitled to a pension of thirteen dollars per month from the same date: Pro- penna^entJ-rate! vided. That the pension for a disability not permanent, 1873, 17 !?.' ~L.', 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. ISM? i8 J t. i 8 ; Tnat section four of the act entitled "An act to revise, ^see^ecs. 60 ^, consolidate, and amend the laws relating to pensions," 698, R. s. an( j approved 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 attend- ance 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 having 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, Ma? te 2 ' 1903 ^ shall be entitled to a pension of fifty dollars per month ; stat. L., 944. an( j ^is shall be in lieu of a pension of thirty-one dollars and twenty-five cents per month granted to such person by said section: Provided, That the increase of pension shall not be granted by reason of any of the injuries herein specified unless the same shall have resulted in permanent total helplessness, requiring the regular per- sonal aid and attendance of another person. |S- V d< , That this act shall take effect from and after the Effective from June 4, 1874. fourth day of June, eighteen hundred and seventy-four. i88o ct 2i J stat if' ^at a ^ soldiers and sailors who are now receiving a ^otaf hei?tes pension of fifty dollars per month, under the provisions ne see sees 4697 ^ an act ent i t l ed "An act to increase the pension of 4698, R. s. ' soldiers and sailors who have been totally disabled," ap- proved June eighteenth, eighteen hundred and seventy- four, shall receive, in lieu of all pensions now paid them INVALID PENSIONS BASED ON SERVICE SINCE MARCH 4, 1861. 53 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 per month. All pensioners whose pensions shall be increased by f|J;- 2 ^ the provisions of this act from fifty dollars per month tois^is stat^L.', seventy two dollars per month shall be paid the differ- *^*fj ^g 4 ^ ence between said sums monthly, from June seventeenth, stat. L.| 144. ' eighteen hundred and seventy eight, to the time of the taking effect of this act. Whereas, it is apparent that the present pension paid to 18 4 ct 2o J stat L 7 ' soldiers and sailors who have lost both their hands or 14 J-9- 2*- Oct? SCCo. 4O*7/j both their feet in the service of the country is greatly 4698 > R - s - inadequate to the support of such as have families: Therefore, Be it enacted, etc., That on and after the passage of this^J^^^^ act, all soldiers and sailors who have lost either both their ^ ht of both hands or both their feet or the sight of both eyes in the 12 f fss^S stat. service of the United States, shall receive, in lieu of all pensions now paid them by the Government of the United States, and there shall be paid to them, in the same man- ner as pensions are now paid to such persons, the sum of seventy- two dollars per month. That the act of June seventeenth, eighteen hundred and 18 ^f 20 &tat. L 3 ; seventy-eight, entitled "An act to increase the pensions of ^loss 20 !* sight certain soldiers and sailors who have lost both their hands b se e ey june 17, or both their feet, or the sight of both eyes, in the service J^?' ^j^&jy) of the country," be so construed as to include all soldiers J^ggo, fi ; stat? and sailors who have become totally blind from causes L *' 28L occurring in the service of the United States. That from and after the passage of this Act all persons ^^ | L 8 ; on the pension roll, and all persons hereafter granted i- 1 ^^ f pen ! pension, who, while in the military or naval service ttfggjdjjj total the United States and in the line of duty, shall have lost both eyes, or who have become totally blind from causes occurring in the service of the United States, shall re- ceive a pension at the rate of one hundred dollars per month : Provided, however, That this Act shall not be so construed as to reduce any pension under any Act, public ^ or private. That from and after the passage of this act all per- ^fjgJSi, L 2 ; sons who, in the military or naval service of the United 659> c - 132 - States .and in the line of dutv, have lost both hands, shall , Lo . ss _ J. both * ' hands, J100. be entitled to a pension of one hundred dollars per month. arm 54 ARMY AND NAVY PENSIONS. i877 Ct i9^ e tat i' That all persons who, while in the military or naval 264, c. 73. service of the United States and in the line of duty, shall 4ti98 e VT' 4697> have lost one hand and one foot, or been totally and ando 5 nefoot hand permanently disabled in both, shall be entitled to a pen- i903%2 C stat ar 'L 2 ' s ^ on ^ or eacn ^ sucn disabilities, and at such a rate as is provided for by the provisions of the existing laws for each disability : Provided, That this act shall not be so construed as to reduce pensions in any case. That all persons who are now entitled to pensions under existing laws and who have lost either an arm at at or above the elbow, or a leg at or above the knee, shall leg a at V or e above ^ e ra ted in the second class, and shall receive twenty- kn prohibition ; fr )ur dollars per month: Provided, That no artificial SSSi nnibs. f ^ m ^ s J or commutation therefor, shall be furnished to such persons as shall be entitled to pensions under this act. Iflec 2 til d e from That this act shall take effect from and after the June 4, 1874. fourth day of June, eighteen hundred and seventy-four i883 Ct 22 sftat i?' That f rom and after the passage of this act all persons Increase of pen- on * ne pension-roll, and all persons hereafter granted a S sailors 1 who pension, who, while in the military or naval service of Sand orone foot lne United States, and in the line of duty, shall have lost hand or one foot, or been totally or permanently dis- in the same, or otherwise so disabled as to render L.%44? 8 ' their incapacity to perform manual labor equivalent to ^'the loss of a hand or foot, shall receive a pension of twenty-four dollars per month; that all persons now on the pension-roll and all persons hereafter granted a pen- eibow, ar S s i n wno i n ^ ke m anner shall have lost either an arm at klee, a or tot a nn^ or above the elbow or a leg at or above the knee, or shall uSiabOT^'^'hav 6 been otherwise so disabled as to be incapacitated for performing any manual labor, but not so much as to re- quire regular personal aid and attendance, shall receive a pension of thirty dollars per month: Provided, That nothing contained in this act shall be construed to repeal sec. 4699, R.S. section* forty-six hundred and ninety-nine of the Re- vised Statutes of the United States or to change the rate us rate. o f eighteen dollars per month therein mentioned to be proportionately divided for any degree of disability es- " tablished for which section forty-six hundred and ninety- five makes no provision. 1879^20 sftat". L 3 ' That all pensioners now on the pension rolls, or who 48 |'ee' se?s. 4697, mav hereafter be placed thereon, for amputation of either leg at the hip joint shall receive a pension at the rate of INVALID PENSIONS BASED ON SERVICE SINCE MARCH 4, 1861. 55 thirty-seven dollars and fifty cents per month from the at t^oint lonleg elate of the approval of this act. 32 f ^l^i. 4 ' 1886> 24 Stat ' L " 22 ; 2> 19 3 ' That all soldiers and sailors of the United States who lfi f *, t ar ; T 3 ' ooo, 6 otat. Li. t have had an arm taken off at the shoulder joint, caused by injuries received in the service of their country while jj f e] in the line of duty, and who are now receiving pensions, ie a c tSpfoS ! f shall have their pensions increased to the same amount isif^stetf'L 4 * that the law now gives to soldiers and sailors who have s^tatfL. 2 ^ 3 ' lost a leg at the hip joint; and this act shall apply to all who shall be hereafter placed on the pension-roll. That from and after the passage of this act all per- 18 ^ C 2Vstat*L' sons on the pension-rolls, and all persons hereafter 22 ^ e - 8 S ^- 4JSS8 granted a pension, who, while in the military or naval ^endmeTte, as service of the United States and in line of duty, shall JS?^ $$} ( { have lost one hand or one foot, or been totally disabled J^J- f, 7', \l\l\ in the same, shall receive a pension of thirty dollars a j^ne^K month; that all persons now on the pension-rolls, and Man's, 3 ! all persons hereafter granted a pension, who in Iike ac ^f manner shall have lost either an arm at or above the elbow or a leg at or above the knee, or been totally dis- sa J s of ann at abled in the same, shall receive a pension of thirty-six jjg^^above dollars per month; and that all persons now on the knee - pension-rolls, and all persons, hereafter granted a pension who in like manner shall have lost either an arm at the sh ^j e f jSSt or shoulder-joint or a leg at the hip-joint, or so near thejgjj^g 11 ** joint as to prevent the use of an artificial limb, shall ***** limb - receive a pension at the rate of forty- five dollars per month: Provided, That nothing contained in this act shall be construed to repeal section forty-six hundred and ninety-nine of the Revised Statutes of the United States, or to change the rate of eighteen dollars per month therein mentioned to be proportionately divided for any degree of disability established for which section forty- six hundred and ninety-five makes no provision. That from and after the passage of this act all persons on the pension roll, and all persons hereafter granted a' pension, who, while in the military or naval service of uSbs^titSdS! the United States and in the line of duty, shall have lostgfty in same one hand or one foot, or been totally disabled in the same, shall receive a pension at the rate of forty dollars per month; that all persons who, in like manner, shall have lost an arm at or above the elbow or a leg at or above the knee, or been totally disabled in the same, shall receive a pension at the rate of forty-six dollars per month ; that 50 ARMY AND NAVY PENSIONS. all persons who, in like manner, shall have lost an arm at the shoulder joint or a leg at the hip joint, or so near the shoulder or hip joint or where the same is in such a condition as to prevent the use of an artificial limb, I shall receive a pension at the rate of fifty-five dollars j per month, and that all persons who, in like manner, I shall have lost one hand and one foot, or been totally disabled in the same, shall receive a pension at the rate of sixty dollars per month ; and that all persons who, in LOSS of both like manner, shall have lost both feet shall receive a pension at the rate of one hundred dollars per month : Provided, however, That this Act shall not be so construed as to reduce any pension under any act, public or private. Act Aug. 27, That from and after the passage of this act all per- 1 449, c. 913. ''sons on the pension-rolls of the United States, or who Total deafness, rate, $30. may hereafter be thereon, drawing pension on account of loss of hearing, shall be entitled to receive, in liei see act Jan. 15, of the amount now paid in case of such disability, th< 1903, 32 ottit, ij. f m ^ 773. sum of thirty dollars, in cases of total deafness, an< such proportion thereof in cases of partial deafness the Secretary of the Interior may deem equitable; th< amount paid to be determined by the degree of disability existing in each case. i903 C 32 J stat if' That from and after the passage of this act all per- ^incmlS total sons on ^ e P ens i n r U f tne United States, or wh< deafness. $40. mav hereafter be placed thereon, receiving pension for total loss of hearing due to causes originating in the military or naval service of the United States and in the line of duty, shall be entitled to receive, in lieu of the amount now paid in case of such disability, the sum of Rate for partial forty dollars per month: Provided. That said increase deafness not af- . . fected. shall in no manner affect the rate of pension now being paid and allowable for partial deafness, the rating for which shall be continued and determined in accordance with the provisions of existing law. n Act Mar 4, That all soldiers, sailors, and marines who have since loyu, -&o feiii t. AJ.J 16,0.25. the sixteenth day of June, eighteen hundred and eighty, iesl-r? 1 'uiar hel er" or w ^ ma ^ nerea ^er become so totally and permanently teniance ant ~ helpless from injuries received or disease contracted in i88o ct 2i J stat if' the sery i ce an d li ne f duty as to require the regular 28i, amended, 'personal aid and attendance of another person, or who, if otherwise entitled, were excluded from the provisions of "An act to increase pensions of certain pensioned soldiers and sailors who are utterly helpless from in- INVALID PENSIONS BASED ON SERVICE SINCE MARCH 4, 1861. 57 juries received or disease contracted while in the United States service," approved June sixteenth, eighteen hun- 1 dred and eighty, shall be entitled to receive a pension at the rate of seventy-two dollars per month from the date of the passage of this act or of the certificate of the ex- amining surgeon or board of surgeons showing such degree of disability made subsequent to the passage of this act. That soldiers and sailors who are shown to be totally incapacitated for performing manual labor by reason of injuries received or disease contracted in the service the United States and in line of duty, and who are 8S& d to$K? d ' en ~ thereby disabled to such a degree as to require frequent and periodical, though not regular and constant, personal aid and attendance of another person, shall be entitled to receive a pension of fifty dollars per month from and after the date of the certificate of the examining surgeon or board of examining surgeons showing such degree of disability, and made subsequent to the passage of this act. Except in cases of permanent specific disabilities, no increase of pension shall be allowed to commence prior the date of the examining surgeon's certificate establish- gg ent and ing the same, made under the pending claim for increase, igre^glSf i?' 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. The rate of eighteen dollars per month may be pro- portionately divided for any degree of disability estab- lished for which section forty-six hundred and ninety- J 8 . 73 ' 17 stat - L - five makes no provision. * * * And it is further provided, That from and 18 ^ c |g^- L 2 ' after the passage of this Act all pensioners now on the 704 >' c - 161 'P art - ' rolls who are pensioned at less than six dollars per month, of ^si sioner of Pensions prior to the first day of July, eighteen \> 25 stat - L -' hundred and eighty, otherwise the pension shall com- mence from the date of filing the application l ; but the 1 Limitation as to date of filing application in widows' claims removed by act of June 7, 1888, p. 62. GO ARMY ANt) NAVY PENSIONS. limitation herein prescribed shall not apply to claims fy or minors. or j n behalf of insane persons and children under sixteei years of age. a ec -?;'r> Section forty-seven hundred and nine of the Reviser o6C. 470y ? xv oj . repealed. Statutes is hereby repealed. * ioQoo T * Provided. That all applicants for pension; 1850, 16 btat. Li., 1111 .. ..-. t.... 3G loun 3 d^e art at sna ^ ^ e presumed to have had no disability at the time o: pre- enlistment ; but such presumption may be rebutted. Chapter IV. [SIGNS TO WIDOWS AND DEPENDENT RELATIVES BASED ON SERVICE SINCE MARCH 4, 1861. 2. 4702, R. S., AS AMENDED BY ACT AUG. 7, 1882. Widows and minors, when en- titled. LCT MAR. 19, 1886. Increase in rate to cer- tain widows. LCT JUNE 7, 1888. Commencement of widows' pension. LCT MAR. 3, 1875. Pension laws extended to widows, etc., of soldiers murdered at Centralia, Mo. 4703, R. S. Increased pensions to widows, etc., from and after July 25, 1866. LCT JUNE 27, 1890, SEC. 3. Widows and minors, when entitled. LCT MAY 9, 1900, SEC. 3. Widows and minors, when entitled. cT APR. 19, 1908. Widows of certain of- ficers and men given pensionable status. LCT MAR. 3, 1899, PART. Payment of pen- sion to widows ; condition as to date of marriage and cohabitation. SEC. 4704, R. S. Legitimacy of children, sc. 4705, R. S. Widows of colored and In- dian soldiers, proof of marriage. SEC. 4706, R. S. Abandonment of minor child by widow forfeits her title during its pensionable minority. SEC. 4707, R. S. Succession of title of de- pendent relatives. ACT JUNE 27, 1890, SEC. 1. Dependent parents, sufficiency of evidence to show dependence. ACT JAN. 3, 1887, SEC. 2. Date of death fixed in case of officers, etc., lost in the wreck of the steamer Jeanette. ACT JAN 3, 1887, SEC. 3. Twelve months' pay given by act to be deducted from pensions granted to widows and minors, etc. ACT JAN. 29, 1887, SEC. 2. One year's pay given to widows, etc., of those lost in the wreck of the Ashuelot; to be de- ducted from any pension allowed. ACT MAR. 30, 1898, SEC. 4. Commencement of pensions arising out of the destruc- tion of the U. S. S. Maine. SEC. 4708, R. S. Remarriage of widow ter- minates pension. ACT MAR. 3, 1901. Remarried widows, res- toration of pension to. ACT FEB. 28, 1903. Remarried widows, res- toration of pension to. ACT MAR. 13, 1896. Death presumed from seven years' unexplained absence. SEC. 4735, R. S. Widow not to receive pen- sion for period over which the husband was paid. That section forty-seven hundred and two, title fif ty- ^^ |f t ; L 7 ; 'seven, of the Revised Statutes of the United States jg346,c.,aee.i. 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 4702, R.S., forty-six hundred and ninety-three has died since the amen 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 sec- tions 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 husband or father would have been 61 62 ARMY AND NAVY PENSIONS. 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, except I when such widow has continued to draw the pension-! money after her remarriage, in contravention of law, andl such child or children have resided with and been sup- 1 ported by her, their pension will commence at the date I to which the widow was last paid." sec. 2, id. That marriages, except such as are mentioned in sec-1 Marriages; now } A proven. tion forty-seven hundred and five of the Revised Statutes] shall be proven in pension cases to be legal marriages] according to the law of the place where the parties re- 1 sided at the time of marriage or at the time when the Adulterous co- right to pension accrued; and the open and notorious habitation forfeits , , . ,. ' ., \ pension. adulterous cohabitation or a widow who is a pensioner shall operate to terminate her pension from the com- mencement of such cohabitation. i 86 t 24 1 stat L' That from and after the passage of this act the rate 5, c. 22, sec. i. of pension for widows, minor children, and dependent In the nature of ^ ^ me J 7 d ^ en ^J relatives now on the pension-roll, or hereafter to be| 4707, R. s. placed on the pension-roll, and entitled to receive a less Increase pen- L sion to widows. ra te than hereinafter provided, shall be twelve dollars per month; and nothing herein shall be construed to affect the existing allowance of two dollars per month date of marriage ^ or eacn child under the age of sixteen years: Provided, That this act shall apply only to widows who were mar- ried to the deceased soldier or sailor prior to its passage and to those who may hereafter marry prior to or dur- ing the service of the soldier or sailor. And all acts or parts of acts inconsistent with the provisions of this acl are hereby repealed. sec. 2, id. That no claim agent or attorney shall be recognized in No attorney's . _. _. * , fee allowed. the adjudication of claims under this act, nor shall any such person be entitled to receive any compensation what- ever for services or pretended services in making appli cations thereunder. Act June 7, That all pensions which have been, or which may here 1888, 25 Stat. L., . J 173^ c. 369, part, after be, granted under the general laws regulating pen- ment of widow's sions to widows in consequence of death occurring from ; act a cause which originated in the service since the fourth moved.' d av o f March, eighteen hundred and sixty-one ; shall com- mence from the date of death of the husband : * * *. PENSION TO WIDOWS AND DEPENDENT RELATIVES. 63 tii That the provisions of existing pension laws be, and the 18 ^ ct 18 ^ L 3> same are hereby, extended to the widows, children, de- ipendent mothers and fathers, or orphan brothers -sisters, in the order named, of those lately discharged murdered ^S 1 soldiers of the Army of the United States, who were mur- traUa Mo * jdered by guerrillas at Centralia, Missouri, in eighteen hundred and sixty- four, while being transported on the North Missouri Railroad. That the provisions of this act shall be construed to extend to the widows, children, dependent mothers i fathers, or orphan brothers and sisters, in the order Missouri militia, 'named, of any member of the Missouri militia who was I murdered as aforesaid by guerrillas at Centralia, Mis- fcouri, in eighteen hundred and sixty-four. The pensions of widows shall be increased from and ^reS ^en- after the twenty-fifth day of July, eighteen hundred and |j c ns to *. sixty-six at the rate of two dollars per month for each i 8 f| c i 7 9 ' s ^?f' L 3 ; : child under the age of sixteen years, of the husband on JJ^'ISGG, il sta account of whose death the claim has been, or shall be, J^ | 3 7 ; g^ jjs i granted. And in every case in which the deceased hus- stat L - m Band 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, if the pension granted to such child or children shall be ^increased to the same amount per month that would be i allowed under the foregoing provisions to the widow, if I living and entitled to a pension : Provided, That the addi- nJ^fo/mmor tional pension herein granted to the widow on account of b ? former wife - 'the child or children of the husband by a former wife i shall be paid to her only for such period of her widow- hood as she has been, or shall be, charged with the main- tenance 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 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 237 - 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. 1 1 The $2 additional pension granted under this section on account of minor children under 16 years of age may be continued in cases of insane, idiotic, or helpless children during the life of such children or during the period of their disability, under the proviso of the third section of the act of June 27, 1890, and amendment of May 9, 1900. 64 ARMY AND NAVY PENSIONS. isxfV&tat 7 ' That if any officer or enlisted man who served ninety )"' days or more in the Army or Navy of the United States d Curing the late war of the rebellion, and who was minors. honorably discharged has died, or shall hereafter die, leaving a widow without other means of support than her daily labor, or minor children under the age of baS?s death?" 8 " s i xteen years, such widow shall, upon due proof of her husband's death, without proving his death to be the result of his army service, be placed on the pension-roll from the date of the application therefor under this act, Rate- at the rate of eight dollars per month during her widow- hood, and shall also be paid two dollars per month for each child of such officer or enlisted man under sixteen years of age, and in case of the death or remarriage of the widow, leaving a child or children of such officer or Minor's title, enlisted man under the age of sixteen years, such pension shall be paid such child or children until the age of S sixteen: Provided , That in case a minor child is insane, Sl^iotic, or otherwise permanently helpless, the pension slon - shall continue during the life of said child, or during the period of such disability, and this proviso shall apply to all pensions heretofore granted or hereafter to be granted under this or any former statute, and such ment of pension." pensions shall commence from the date of application therefor after the passage of this act: And provided Limitation as further, That said widow shall have married said soldier to date of mar- J . riage. prior to the passage of this act. 3iita^L y , 9 i7o,c: That if any officer or enlisted man who served ninety 38 lec. 3, act June days or more in the Army or Navy of the United States 27 8 e^eT twenty-seventh, eighteen hundred and ninety. That from and after the passage of this Act the rate , Act -^pr. * 9 . . T , 1908 35 Stat - L., of pension for widows, minor children under the age of 64 u c - 147 > s 60 - \- * ' e Pensions; in- sixteen years, and helpless minors as defined by existing [ laws, now on the roll or hereafter to be placed on the pension roll and entitled to receive a less rate than here- . inafter provided, shall be twelve dollars per month ; and nothing herein shall be construed to affect the existing mo ^ t a n * e per allowance of two dollars per month for each child under the age of sixteen years and for each helpless child ; and i all Acts or parts of Acts inconsistent with the provisions of this Act are hereby repealed : Provided, however, That ^reduction. [ this Act shall not be so construed as to reduce any pension ! under any act, public or private. That if any officer or enlisted man who served ninety widows^ soi- days or more in the Army or Navy of the United States during the late civil war and who has been honorably \ discharged therefrom has died or shall hereafter die, j leaving a widow, such widow shall, upon due proof of her husband's death, without proving his death to be the ^ Death incident . , , , to . servlce not TG ~ result or his army or navy service, be placed on the quired. pension roll from the date of the filing of her application | therefor under this Act at the rate of twelve dollars per ' month during her widowhood, provided that said widow shall have married said soldier or sailor prior to June twenty-seventh, eighteen hundred and ninety ; and the I benefits of this section shall include those widows whose Ca 4s dditional I husbands if living would have a pensionable status under 1 the Joint Resolutions of February fifteenth, eighteen hun- dred and ninety-five, July first, nineteen hundred and two, and June twenty-eighth, nineteen hundred and six. That no claim agent or attorney shall be recognized in 5Someys etc the adjudication of claims under the first section of this fees restricte ' d - 8001 12 6 66 ARMY AND NAVY PENSIONS. Act, and that no agent, attorney, or other person engaged in preparing, presenting, or prosecuting" any claim under the provisions of the second section of this Act shall, directly or indirectly, contract for, demand, receive, or retain for such services in preparing, presenting, or prose- Amount, cuting such claim a sum greater than ten dollars, which sum shall be payable only upon the order of the Commis- sioner of Pensions by the pension agent making payment of the pension allowed ; and any person who shall violate any of the provisions of this section or who shall wrong- fully withhold from the pensioner or claimant the whole i or any part of a pension or claim allowed or due such pensioner or claimant under this Act shall be deemed guilty of a misdemeanor, and upon conviction thereof penalty. shall, for each and every such offense, be fined not exceed- ing five hundred dollars or be imprisoned at hard labor not exceeding two years, or both, in the discretion oi] the court. 1899*30 &tat. i? * * * Provided further, That hereafter no pension 13 s 9 4c. 46 > 47 r 6 t: 6 lmder an y law of the United States shall be granted. aD pay e ment of allowed, or paid to the widow of a soldier, sailor, officer. ^fconditioMas nava ^ or military, marine, marine officer, or any other ria g e. ate f mar ~male person entitled to a pension under any law of the United States, unless it shall be proved and established that the marriage of such widow to the soldier, sailor, officer, marine, or other person on account of whose serv- ice the pension is asked, was duly and legally contracted and entered into prior to the passage of this Act, or un- less such wife shall have lived and cohabited with such soldier, sailor, officer, marine, marine officer, or other per- son continuously from the date of the marriage to the date of his death, or unless the marriage shall take place hereafter and prior to or during the military or naval service of the soldier, sailor, officer, marine, or other per- son on account of whose service the pension is asked oi ap > pnc i ab s ie n to c ^ a ^ me( ^- ^his proviso shall not apply to or affect the claims 1 i sh Warw ^ ow ^ an ^ s ldier, sailor, marine, officer, or marine officer serving or who has served in the war between the United States and the Kingdom of Spain. L?git12ab R ' ?f * n tne a dministration of the pension laws children borr Cl sec e i6 Mar 3 before the marriage of their parents, if acknowledged bj 1873, 17 fetat. L.J the father before or after the marriage, shall be deemed legitimate. PENSION TO WIDOWS AND DEPENDENT RELATIVES. 67 The widows of colored and Indian soldiers and sailors widow S 5 'oFcoi- who have died, or shall hereafter die, by reason of wounds or injuries received, or casualty received, or disease con- sec. n, Mar. 3, tracted, in the military or naval service of the United 570; 'sec. 14, July States, and in the line of duty, shall be entitled to receive L'-, 389; sec. u, J ' June 6, 1866, 14 the pension provided by law without other evidence of stat. L., 58; sec. 2, June 15, 1866, marriage than satisfactory proof that the parties were H stat. L., 353. 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 L so proved shall be deemed and held to be lawful chil- dren 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. If any person has died, or shall hereafter die, leaving a widow entitled to a pension by reason of his death and a S child or children under sixteen years of age by suchgjjdren forfeits widow, and it shall be duly certified under seal by any i 8 ? 3 e , c i7 2 stet ar L 3 ; court having probate jurisdiction, that satisfactory evi- %\j$; \\' ggj? dence has been produced before such court, upon due ^ S^il'lffi notice to the widow, that she has abandoned the care of L '^^c t Aug. 7, such child or children, or that she is an unsuitable per- Jg 2 ' 22 stat - L - son, 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 pro- visions of law to the contrary notwithstanding; and the said child or children shall be pensioned in the same man- ner, and from the same date, as if no widow had survived m 2jf nM j[ t C01 ] such person, and such pension shall be paid to the guar- minor - dian of such child or children; but if in any case pay- ment 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. If any person embraced within the provisions of sec- f^^T^- ^ tions forty-six hundred and ninety-two and forty-six dependent reia- hundred and ninety-three has died since the fourth day sec. is, Mar. 3, of March, eighteen hundred and sixty-one, or shall here- 571 -sees. 3 and <*! July 14, 1862, 12 Stat. L., 56G; sec. 12, June 6, 1866, 14 Stat. L., 58; sec. 1, July 27, 1868, 15 Stat. L., 235. 68 AEMY AND NAVY PENSIONS. after 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 pen- sion, and has not left or shall not leave a widow or legiti- mate 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, commence- 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 different be pensioned jointly: Provided, That where orphan chil- ^ ren 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 were dependent upon him, then, on the death of the mother, the father shall become entitled to the pen- s ion, 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 Assumption of who had the prior right to the pension: Provided, That when. ' 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 contributions, or in any other way, the son had recog- nized his obligations to aid in support of his mother, or was by law bound to such support, and that a father or minor brother or sister shall, in like manner 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 I lowed 1 diirmg p 1 ^ support Provided further. That the pension allowed to enc d eoSy depend " an y person on account of his or her dependence, as here- PENSION TO WIDOWS AND DEPENDENT RELATIVES. 69 inbefore provided, shall not be paid for any period dur- ing which it shall not be necessary as a means of adequate subsistence. 1 That in considering the pension claims of dependent 18 ^f 26 J g t "t ff parents, the fact of the soldier's death by reason of any 18 ^ e C p e ^dent c ' wound, injury, casualty, or disease which, under the con- rents - ditions and limitations of existing laws, would have en- titled him to an invalid pension, and the fact that the soldier left no widow or minor children having been shown as required by law, it shall be necessary only to show by competent and sufficient evidence that such parent or parents are without other present means of support than their own manual labor or the contribu- tions of others not legally bound for their support: Provided, That all pensions allowed to dependent par- ents under this act shall commence from date of the com me nee- filing of the application hereunder and shall continue no continuance. longer than the existence of the jdependence. That the twenty- third day of March, eighteen hun- Act Jan. 3, ISST, dred and eighty-two, being the date of finding the re- c. is, sec. 2.'' .. . , . , Date of decease mains of the commanding officer and others of the saidof officers, etc., expedition, shall be deemed and taken to be the date of steamer jean- the decease of the following-named officers and enlisted deemed Mar. 23, I CCO men of the expedition who lost their lives in the retreat from the wreck of the said steamer Jeannette, namely: Lieutenant-Commander George W. De Long; Lieuten- ant Charles W. Chipp ; Passed Assistant Surgeon James M. Ambler; Jerome J. Collins, meteorologist; William Dunbar, ice-pilot; Walter Lee, machinist; Henrich H. Kaack, Carl A. Gortz, Adolph Dressier, Hans H. Erich- sen, Ah Sam, Alfred Sweetman, Henry D. Warren, Peter E. Johnson, Edward Star, and Albert G. Kuehne, sea- men ; Nelse Iverson, George W. Boyd, and Walter Shar- vill, coal-heavers; and seaman Alexy. * * * Provided further. That in any case where sec. 3, id., part. . Twelvemonths' heretofore a pension has been granted, or may hereafter p^y^ppr in fact be granted, to any such widow, child, or de- deducted pendent parent, by reason of the death of any of the persons named in the second section of this act, in the payment of such pension account shall be taken of any sum paid under this act, and to the extent of its amount said sum shall be in lieu and stead of such pension, and no further. 1 See sec. 1, act June 27, 1890, next below. 70 ARMY AND NAVY PENSIONS. 1887*24 J stat S; That tne widow, child, or children, or in case there be paV' 74 ' se * *' not sucn > then tne surviving parent or parents of those P a? n to widows 8 *? ^ n tne sery i ce who were l st in the wreck of the United ^'States steamer Ashuelot, namely: William Gronan, sea- u. s. s. Ashuelot. man . George Valentine, captain of the hold ; Fritz Rack- enbach, quartermaster; William Bronson, landsman; Saint Leger Crone, quarter-gunner; Ah Kid, painter; Sun Shing, carpenter's mate; George Ashton, carpenter; Ah Yoo, landsman; Andrew Scotland, private marine; and Benjamin H. Wohlrab, landsman, shall be entitled to and receive, out of any money in the Treasury of the United States not otherwise appropriated, as follows, to wit: The relatives, in the order named, of the persons connected with the United States steamer Ashuelot here- , inbefore referred to, a sum equal to twelve months' sea- . Amount to be p a y o f each person lost : Provided. That in anv case deducted from >f pension. where heretofore a pension has been granted, or may hereafter in fact be granted, to any such widow, child, or dependent parent by reason of the death of any of the persons named in this section, in the payment of such pension account shall be taken of any sum paid as above provided, and to the extent of its account said sum shall be in lieu and stead of such pension, and no further: * * * lawfaoHSt. L; * * * Provided, That nothing herein shall affect -the part. ' 103> sec ' 4> right of any of the beneficiaries under this Act to any pension to which they may be entitled under existing law d after the expiration of one year from said fifteenth day of February, eighteen hundred and ninety-eight. R?marrfag?' S ' The remarriage of any widow, dependent mother, or isT^i^stat^L 3 ' 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 ; but on the remarriage of any widow, de- | y f Ir Biles' P en( knt mother, or dependent sister, having a pension, 15St a t:L.,'237. ' guch pension shall cease . i9oi ct 3i Sat L 3 ' That section forty-seven hundred and eight of the laws 14 ie c 4708 iiV * ^ ^ ne United States governing the granting of army and ai seeact'Feb 28 nav y pensions be, and the same is, amended to read as 1903, 32 Stat. L.) f olloWS * 920. widow si de n end f ^ & remarr iage & anv widow, dependent mother, or ent mother, etc., dependent sister entitled to pension shall not bar her right ceases on remar- riage- to such pension to the date of her remarriage, whether an PENSION TO WIDOWS AND DEPENDENT RELATIVES. 71 application therefor was filed before or after such mar- riage; but on the remarriage of any widow, dependent mother, or dependent sister having a pension, such pen- sion shall cease: Provided, however, That any widow who was the lawful wife of any officer or enlisted man in the ^fdownood W (by Army, Navy, or Marine Corps of the United States, dur-JJJJJ^'p^: ing the period of his service in any war, and whose name vided ~ was placed or shall hereafter be placed on the pension roll because of her husband's death as the result of wound or injury received or disease contracted in such military or naval service, and whose name has been or shall here- after be dropped from said pension roll by reason of her marriage to another person who has since died or shall hereafter die, or from whom she has been heretofore or shall be hereafter divorced, upon her own application and without fault on her part, and if she is without means of support other than her daily labor as defined by the Acts of June twenty-seventh, eighteen hundred and ninety, and May ninth, nineteen hundred, shall be entitled to have her name again placed on the pension roll at the rate now provided for widows by the Acts of July four- teenth, eighteen hundred and sixty-two, March third, eighteen hundred and seventy-three, and March nine- teenth, eighteen hundred and eighty-six, such pension ro commence from the date of the filing of her application in the Pension Bureau after the approval of this Act : * And provided further, That where such widow is already in receipt of a pension from the United States she shall sion - not be entitled to restoration under this Act: And pro- vided further, That where the pension of said widow on her second or subsequent marriage has accrued to a help- J 5tie 1 uniess lld less or idiotic child, or a child or children under the age of sixteen years, she shall not be entitled to restoration under this Act unless said helpless or idiotic child, or child or children under sixteen years of age, be then a member or members of her family and cared for by her, and upon the restoration of said widow the payment of pension to said child or children shall cease. 2 No claim agent or other person shall be entitled to re- N ceive any compensation for services in making applica- fee - tion for pension under this Act. 1 Right of election under sec. 4715, however, exists. 13 P. D., 878. a See act Feb. 28, 1903, following, for amendment. 72 AEMY AND NAVY PENSIONS. , Act Feb28, That section forty-seven hundred and eight of the iyu.i, 64 Dial. Li., * 92 wSo 8 ^'' Se pen-^ aws ^ tne United States governing the granting of sion; remarriage. armv and navy pensions, be, and the same is, amended to read as follows : amended. 47 ' " SEC. 4708. The remarriage of any widow, dependent mg Swhood- mother, or dependent sister entitled to pension shall not marriage. n "" Dar ner right to such pension to the date of her remar- riage, whether an application therefor was filed before or after such marriage; but on the remarriage of any widow, dependent mother, or dependent sister having a renewed ra widow^ pension such pension shall cease: Provided, however, hood. sec. 4693. That any widow who was the lawful wife of any officer or enlisted man or other person in the Army, Navy, or Marine Corps of the United States, as described in para- graphs one, two, and three of section forty-six hundred and ninety-three of the Revised Statutes of the United States, during the period of his service in any war, and whose name was placed or shall hereafter be placed on the pension roll because of her husband's death as the result of wound or injury received or disease contracted in such military or naval service, and whose name has been or shall hereafter be dropped from said pension roll by rea- son of her marriage to another person who has since died or shall hereafter die, or from whom she has been heretofore or shall b6 hereafter divorced, upon her own application and without fault on her part, and if she is without means of support other than her daily labor, as Acts June 27, defined by the Acts of June twenty-seventh, eighteen hun- 182; 'May 9, i9o6) dred and ninety, and May ninth, nineteen hundred, shall July 14, 1862, 12 be entitled to have her name again placed on the pension Stat. L., 567; Mar. * " 3, 1873, i^tat. roll at the rate now provided for widows by the Acts of 1886, 24 stat. L., 5! July fourteenth, eighteen hundred and sixty-two, March Rate. third, eighteen hundred and seventy-three, and March nineteenth, eighteen hundred and eighty-six, such pen- commence- sion to commence from the date of the filing of her appli- ment of pension. . x A cation in the Pension Bureau after the approval of this if ^rawing^peS ^- c ^ : And provided further, That where such widow is already in receipt of a pension from the United States she shall not be entitled to restoration under this Act: HtiedTo ston ^^ provided further, That where the pension of said t!tie n; minors ' widow on her second or subsequent marriage has accrued to a helpless or idiotic child, or a child or children under the age of sixteen years, she shall not be entitled to restor- ation under this Act unless said helpless or idiotic child, PENSION TO WIDOWS AND DEPENDENT RELATIVES. 73 or child or children under sixteen years of age, be then a member or members of her family and cared for by her, jand upon the restoration of said widow the payment of ^pension to said child or children shall cease." That the provisions of this act shall be extended to widows barred "those widows otherwise entitled whose husbands died of ?,,** J' r - T 8 loOOj lo o tat. J-rf. y jwounds, injuries, or disease contracted during the period 4 "' entitled - if their military or naval service, but who were deprived f pension under th$ Act of March third, eighteen hun- dred and sixty-five, because of their failure to draw any tension by reason of their remarriage. That no claim agent or other person shall be entitled to sec.s.id. . . No attorneys' eceive any compensation for services in making applica- fee allowed, ion for pension under this Act. That in considering claims filed under the pension is%f 29^tat. L 3 | aws, the death of an enlisted man or officer shall be con- 57 i)e 5 ath pre- idered as sufficiently proved if satisfactory evidence is sence d from ab ~ >roduced establishing the fact of the continued and un- explained absence of such enlisted man or officer from his lome and family for a period of seven years, during which period no intelligence of his existence shall have >een received. 1 And any pension granted under this Act w ^^f lon ceases ' hall cease upon proof that such officer or enlisted man is till living. No pension shall be granted to a widow for the same imp that ViPr VmQhanrl rpppivprl nnp a widow shall not receive a pension. rie - Act Apr. 30, 1844, 5 Stat. L., 657. See reso- lution Jan. 23, 1845, 5 Stat. L., 796. 1 Accrued pension ; invalid claims. 12 P. D., 208. Chapter V. NAVY AND PRIVATEER PENSION FUND. SEC. 4758, R. S. Secretary of the Navy to be trustee of the privateer pension fund. SEC. 4759, R. S. Privateer pension fund, how derived. SEC. 4760, R. S. Privateer pension fund to be paid into the Treasury. SEC. 4761. R. S. Wounded privateersmen to be placed on the pension list. SEC. 4762, R. S. Commanding officers of privateers to enter names, etc., in a journal. SEC. 4763, R. S. Transcript of journal to be transmitted to the Secretary of the Navy. be sued for > SEC. 4750, R. S. Secretary of the Navy to j be trustee of the Navy pension fund. SEC. 4751, R. S. Creation of the Navy pen- I si income of the naval pension-fund; and the Secretary the Navy is authorized to convene a board of not less than 353 - 'three naval officers, one of whom shall be a surgeon, to examine into the condition of the applicant, and to rec- ommend 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 sec- tion 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 of such pension. 2 The Secretary of the Navy shall be trustee of the pri- fe^ r eta?y R ' S of Vfltppr npnsion-fnnrl Navy trustee of privateer pension fund. Sees. 3 and 5, July 10, 1832, 4 Stat. L., 572. Two per centum on the net amount, after deducting 11 ' S all charges and expenditures, of the prize money arising from captured vessels and cargoes, and on the net amount 18 of the salvage of vessels and cargoes recaptured by the 763 - private armed vessels of the United States, shall be se- cured and paid over to the collector or other chief officer of the customs at 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 which such captured or recaptured vessel may arrive. And the moneys arising therefrom are pledged by the Government of the United States as a fund for 1 See note under sec. 4757, R. S. - Sees. 4756 and 4757, R. S., as amended by act Dec. 23, 1886, 24 Stat., L., 853, c. 9. (as construed by Secretary of the Interior, 12 P. D., 166), grant money benefits over the allowance of which the Commissioner of Pen- sions has no jurisdiction, and are intended to be a further provision for the support of the beneficiaries thereunder in addition to the pension granted ty the pension laws. Sec. 4715, R. S., and proviso of second section of act June 27, 1800, have no application to this class of cases. 78 ARMY AND NAVY PENSIONS. the support and maintenance of the widows and orphan; of such persons as may be slain, and for the support am maintenance of such persons as may be wounded and dis abled on board of the private armed vessels of the Unite< States in any engagement with the enemy, to be assignee and distributed in such manner as is or may be providec by law. sec. 4760, R.S. The two per centum reserved in the hands of the col To be paid into Treasury .etc. lectors and consuls by the preceding section, shall be pak i8i3, 2 'stat.* L.| to the Treasury, under the like regulations provided foi other public money, and shall constitute a fund for th< purposes provided for by that section. wou 4 nded R ete ^ ne Secretary of the Interior is required to place or E iv ?a^o?on n rh * ne P en sion-list, under the like regulations and restrictions sio a nlis o* v K I* as are used in relation to the Navy of the United States oGC. & 9 J?6D. io 9 799 3> Au St 2\m' an y ffi cer 5 seaman, or marine, who, on board of anj 3 stat. .,86. 'private armed vessel bearing a commission of letter o: marque, shall have been wounded or otherwise disablec in any engagement with the enemy, or in the line oj their duty as officers, seamen, or marines of such pri vate armed vessel; allowing to the captain a sum no! exceeding twenty dollars per month; to lieutenants anc sailing-master a sum not exceeding twelve dollars eact per month ; to marine officer, boatswain, gunner, carpen ter, master's mate, and prize masters a sum not exceeding ten dollars each per month ; to all other officers a sum noi exceeding eight dollars each per month, for the higher rate of disability, and so in proportion; and to a sea man, or acting as a marine, the sum of six dollars pe month, for the highest rate of disability, and so in pro portion; which several pensions shall be paid fron moneys appropriated for the payment of pensions. c e om 7 m 2 andin ^ ne comman ding officer of every vessel having a com officers of pnva- mission, or letters of marque and reprisal, shall enter ii teers to enter joSS ***'' ^ a n * s i ourna l tne name an ^ rank of any officer, and th i8?3% 3 'stat b ' i?' name ^ an y seaman, who, during his cruise, is woundec m -' or disabled, describing the manner and extent, as far a practicable, of such wound or disability. *' B ' ot Every collector shall transmit quarterly to the Secre 3 ^tary of the Navy a transcript of such journals as ir secretary of the nav e been reported to him, so far as it gives a list of th i8?f,%%St b ' L 3 ; officers and crew, and the description of wounds and disabilities, the better to enable the Secretary to decid on claims for pensions. Chapter VI. APPLICATIONS AND ATTORNEYS. ijSEC. 4748, R. S. Commissioner of Pensions to furnish printed instructions and forms without charge. jSec. 4714, R. S. Declarations, how exe- cuted. ACT JULY 1, 1890. Oaths to declarations, vouchers, etc., may be taken before officer authorized to administer for general pur- JOINT RESOLUTION SEPT. 1, 1890. Oaths, etc. ; certificates of official character, etc. I ACT JULY 26, 1892. Declarations, etc., be- fore whom executed. SEC. 1778, R. S. Oaths, etc., before United States commissioners. 'ACT JUNE 28, 1906. United States com- missioners to have seal. SEC. 2064, R. S. Indian agents authorized to take acknowledgments in certain cases. SEC. 4721, R. S. Indian claims for pen- sion, before whom executed. ACT APR. 5, 1906, SEC. 5. Consular officers required to administer oaths, etc. ACT APR. 5, 1906, SEC. 10. Consular officer must, affix stamp to document executed before him, otherwise paper is invalid. SEC. 190, R. S. Persons formerly in de- partments not to prosecute claims against the United States until after two years from separation from service. ACT JUNE 29, 1906. Notaries public in the District of Columbia not disqualified from prosecuting claims against the United States. SEC. 3478, R. S. Oath to be taken by agent or attorney. SEC. 3479, R. S. Who may administer oath to attorney. ACT MAR. 4, 1911. Secretary of the In- terior to pay expenses of securing and preparing testimony relative to disbar- ment proceedings. SEC. 4768, R. S. Commissioner of Pensions to transmit pension certificate and one of the articles of agreement to pension agent, etc. SEC. 4769, R. S. Pension agent's duty on receipt of agreement. ACT JULY 4, 1884. Attorney fee in pension claims. ACT MAR. 3, 1891. Attorney fee in increase and special act claims. ACT MAY 28, 1908. No fee allowed for services in connection with securing pen- sion by special act of Congress. ACT JUNE 27, 1890, SEC. 4. Attorney fee limited to $10 in claims under said act. ACT APR. 19, 1908, SEC. 3. Attorney fee limited to $10 in claims under section 2 of said act. ACT AUG. 5, 1892, SEC. 2. No fee to be paid to attorney in cases under this act. ACT JULY 4, 1884, PART. No fee allowed for securing arrears of pension. ACT MAR. 19, 1886, SEC. 2. No fee allowed in claims under this act. ACT MAR. 3, 1901, SEC. 2. Attorney fee prohibited in claims of remarried widows. ACT FEB. 28, 1903, SEC. 3. Attorney fee prohibited in claims under this act. ACT FEB. 6, 1907, SEC. 3. Attorneys not entitled to compensation for services rendered in claims under this act. ACT JUNE 27, 1902. Fee contracts made prior to passage of this act by prospec- tive beneficiaries thereunder are null and void. ACT MAY 30, 1908. Contracts with attor- neys, etc., made prior to passage of this act are null and void. TABLE OF ATTORNEY FEES. ATTORNEYS, RULES OF PRACTICE BEFORE THE BUREAU OF PENSIONS. RULES OF PRACTICE IN APPEAL CASES BEFORE THE SECRETARY OF THE INTERIOR. That the Commissioner of Pensions, on application com 7 mLssioner 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 Pen- sion-Office, shall furnish such person, free of all expense, all such printed instructions and forms as may be neces- 12 79 80 ARMY AND NAVY PENSIONS. id on th sary in establishing and obtaining said claim ; am issuing of a certificate of pension or of a bounty-lan< warrant he shall forthwith notify the claimant or appli cant, and also the agent or attorney in the case, if ther be one, that such certificate has been issued, or allowanc made, and the date and amount thereof. sec. 4714, R. s. Declarations of pension claimants shall be made bef or Declaration of ii/> i i i claimants. a court of record, or betore some oincer thereot haviuj custody of its seal, said officer hereby being fully author ized and empowered to administer and certify any oat' or affirmation relating to any pension or applicatioi therefor: Provided, That the Commissioner of Pension: may designate, in localities more than twenty-five mile; distant from any place at which such court is holden persons duly qualified to administer oaths, before whon declarations may be made and testimony taken, and maj accept declarations of claimants residing in foreign coun tries, made before a United States minister or consul, 01 before some officer of the country duly authorized to ad minister oaths for general purposes, and whose officia character and signature shall be duly authenticated bj| the certificate of a United States minister or consul declarations in claims of Indians made before a Unitec States agent; and declarations in claims under the pro visions 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 or age, are unable to travel: Provided, That any declara- tion 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 prescribed in section forty-seven hundred and nine. 26itat Jl L y ^og 9 ?' That any and all affidavits and declarations to be her 64 o'aths in en a ^ er ma d e or use d in any pension or bounty cases, or i sio se'c e 47i4 a R S s c ^ a i ms against the Government for back pay or arreai ar Ma^ e he 'taken or i ncrease ^ pension, or for quarterly vouchers, may before authorized taken by any officer authorized to administer oaths foi OITlCGr. general purposes in the State, City, or county where sai< officer resides. If such officer has a seal and uses it upoi Fiich paper, no certificate of a county clerk, or prothono- tary, or clerk of a court shall be necessary ; but when no certification, seal is used bv the officer taking such affidavit, then a etc.. by county ., - , . , , n cierk, etc. clerk or a court of record, or a county or city clerk, shall APPLICATIONS AND ATTORNEYS. 81 ijiffix his official seal thereto, and shall certify to the signa- ture and official character of said officer. That the act approved July first, eighteen hundred and Se p t to ^Sf $S ferinety, entitled " An act in relation to oaths in pension J 3 tat - L>> 679 ' c - nul other cases," be, and the same is hereby, amended si( jj a ^ s s es in v* n " |and contrued to mean that when declarations, affidavits, md other papers are verified by justices of the peace and fflcjKharacter! >ther officers duly authorized by law to administer oaths etc - for general persons (sic), but not required by law to have ils, the official character, signature, and term of service >f such justice or other officer shall be certified by the lerk of the county or court of record or other proper >fficer, under the seal of such county or court or public >fficer in the department or bureau in which such papers ire to be used ; and one such certificate duly filed in such One sufficient. lepartment or bureau, or with any pension agent, shall sufficient as to all verifications of such officer during as official term, and all papers heretobefore or hereafter iled shall be subject to this rule. That declarations of pension claimants shall be made? 6, ;fore a court of record, or before some officer thereof 27 laving custody of its seal, or before some officer who, JJ under the laws of his State, city or county, has authority k^S 3 whom exe ~ to administer oaths for general purposes ; and said officers ire hereby fully authorized and empowered to administer ind certify any oath or affirmation relating to any pen- ion or application therefor : Provided, That where such 6 Dr to usea eclaration or other papers are executed before an officer JScate ofofficiS uthorized as above, but not required by the laws of his character - State to have and use a seal to authenticate his official cts, he shall file in the Pension Bureau a certificate of is official character, showing his official signature and term of office, certified by a clerk of a court of record or other proper officer of the State as to the genuineness thereof; and when said certificate has been filed in the Bureau of Pensions his own certificate will be recognized during his term of office. That the Commissioner of Pensions may accept decla- ^sum 'papers rations and other papers of claimants residing in foreign ^c^riLs.' *" countries made before a United States minister or consul R s | e sec - 1750 or other consular officer, 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 8001 12 -- 7 82 ARMY AND NAVY PENSIONS. Dec la rations minister or consul or other consular officer; and declara- m claims of In- ' dians. tions in claims of Indians may be made before a United States Indian agent. Declaration That an ^ an( ^ a ^ declarations or affidavits now on file ecute^SdOTfo?^ 11 tne P ens i n Bureau which are considered informal! rner^ acts made j^ reason o f no t having been executed in conformity toj . the laws heretofore in force covering such, and in which i- it is shown or may be hereafter shown by proper evidence! that the same were executed by and before an officer who 3 was duly authorized to administer oaths for general pur- 1 poses at said date of execution, shall be accepted as formal) as from date of filing such declarations or affidavits. Repeal?' That all acts and parts of acts inconsistent with the provisions of this act are hereby repealed, sec. ms, R. s. I n all cases in which, under the laws of the United i Oaths or ac- k n o wiedgments States, oaths or acknowledgments may now be taken or made before united states cir- mac i e before any justice of the peace of any State or Ter- cuit court com- J J J missioners. ritory, or in the District of Columbia, they may hereafter j be also taken or made by or before any notary public j duly appointed in any State, district, or Territory, or any of the commissioners of the circuit courts, 1 and, when certified under the hand and official seal of such notary or commissioner, shall have the same force and effect as if taken or made by or before such justice of the peace. Act June 28, That each United States commissioner shall provide 1906, 34 Stat. L., , .,/>.,, , . , ., 546, c. 3573. himself with an official impression seal, to be prescribed courts. es by the Attorney General, which said seal shall be affixed Sealofcommis- J , . ,.~ , . . , . , sioners, use of. to each jurat or certificate of the official acts of said com- missioner, but no increase of fees shall be allowed by reason thereof, sec. 2064, R. s. Indian agents are authorized to take acknowledg- Acknowledg- . & . . . ment of deeds, ments of deeds, and other instruments of writing, and to Mr. 3, 1856,' c. administer oaths in investigations committed to them in 204, sec. 10, v. 10, . P. 701. Indian country, pursuant to such rules and regulations as may be prescribed for that purpose, by the Secretary of the Interior; and acknowledgments so taken shall have the same effect as if taken before a justice of the peace. sec. 4721, R. s. The term of limitation prescribed by sections forty- Indians' claims. r Sec. 28, Mar 3, seven hundred and nine and forty-seven hundred and 574.' J '' seventeen shall, in pending claims of Indians, be extended 1 Office of commissioners of circuit courts abolished, and United States commissioners created by section 19, act approved May 28, 1896, 29 Stat. L., 184, c. 252. APPLICATIONS AND ATTORNEYS. 83 to two years from and after the third day of March, I eighteen hundred and se venty -three ; l all proof which has heretofore been taken before an Indian agent, or be- -fore an officer of any tribe, competent according to the I rules of said tribe to administer oaths, shall be held and (regarded by the Pension-Office, in the examining and de- itermining 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 ex e c e uted. whom :to which the claimants respectively belong; in regard to ^ff 6 ** July 26 dates, all applications of Indians noAV on file shall be i 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 In- dians shall be exempted from the obligation to take the oath to support the Constitution of the United States. That every consular officer of the United States is ^ct^Apr. 5, 1906, hereby required, whenever application is made to him ' ' i therefor, within the limits of his consulate, to administer quired. to or take from any person any oath, affirmation, affidavit, or deposition, and to perform any other notarial act [ which any notary public is required or authorized by law to do within the United States; and for every such no- i tarial act performed he shall charge in each instance the : appropriate fee prescribed by the President under section |S s i745, R. s. seventeen hundred and forty-five, Revised Statutes. That every consular officer shall be provided and kept consulates to i ( supplied with adhesive official stamps, on which shall be&JSnSSta^y ! printed the equivalent money value of denominations and stamps - i to amounts to be determined by the Department of State, t and shall account quarterly to the Department of State '. for the use of such stamps and for such of them as shall \ remain in his hands. Whenever a consular officer is required or finds Ut documents re- . i i , i Quiring notarial. i necessary to perform any consular or notarial act he etc., acts. I shall prepare and deliver to the party or parties at whose I instance such act is performed a suitable and appropriate document as prescribed in the consular regulations and affix thereto and duly cancel an adhesive stamp or stamps 1 Sections 4709 and 4717 repealed by acts Jan. 25 and Mar. 3, 1879, [ pp. 58 and 59, respectively. 84 ARMY AND NAVY PENSIONS. of the denomination or denominations equivalent to th etc - made to appear that any undue advantage has been taken of the claimant in respect to such contract. That hereafter no agent or attorney shall demand, re- 18 ^ ct 26 ceive, or be allowed any compensation under existing law exceeding two dollars in any claim for increase of pension c?afaS e cia?ms Spe " on account of the increase of the disability for which the pension has been allowed, or for services rendered in securing the passage of any special act of Congress grant- ing a pension or an increase of pension in any case that has been presented at the Pension Office or is allowable under the general pension laws: 1 And provided further, megai fees; pen- . , alty for taking. That any agent, attorney, or other person instrumental 1 See act May 28, 1908, post. 90 ARMY AND NAVY PENSION a. in prosecuting any claim for increase of pension on acj count of the increase of disability for which pension \va,j allowed^ or who has rendered services in procuring thi passage of any special act of Congress granting a pension or an increase of pension in any case that has been prej sented at the Pension Office or is allowable under thtj general pension laws, who shall directly or indirectly con j tract for, demand, receive, or retain any compensation! for such services, except as hereinbefore provided, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall, for each and every such offense, be fined not exceeding five hundred dollars, or imprisoned not ex I ceeding two years, or both, in the discretion of the court Provided, however, That the foregoing provisions in rela tion to fees of agents or attorneys shall not apply to anj case now pending where there is an existing lawful con tract expressed or implied. 1908*35 "sSi i 8 ' That hereafter no pension attorney, claim agent, 01 ait 8 ' ?J t at- ^ ner P erson shall be entitled to receive any compensatioi iie g ^ or serv i ces rendered in securing the introduction of i lation. foil or the passage thereof through Congress granting pension or increase of pension, and any person who shall directly or indirectly, contract for, demand, receive, 01 retain any compensation for such services shall be deemed guilty of an offense, and upon conviction thereof shall for each and every such offense, be fined not exceeding five hundred dollars, or imprisoned not exceeding tw years, or both, in the discretion of the court. 1 1890^26 J stat. L!' That no agent, attorney, or other person engaged ii 18 Attorney' S s eC fee; preparing, presenting, or prosecuting any claim under th payment; illegal p rov isions of this act shall, directly or indirectly, contrac for, demand, receive, or retain for such services in prepar ing, presenting, or prosecuting such claim a sum greate than ten dollars, which sum shall be payable only upon th order of the Commissioner of Pensions, by the pensioi agent making payment of the pension allowed, and an; person who shall violate any of the provisions of this sec ' or wno sna ^ wrongfully withhold from a pensione P nsioner n from r claimant the whole or any part of a pension or claim allowed or due such pensioner or claimant under this act. shall be deemed guilty of a misdemeanor, and upon con- viction thereof shall, for each and every such offense, be Penalty. fined not exceeding five hundred dollars, or be imprisoned 1 This language was first used in the pension appropriation act of Mar. 10, 1902, 32 Stat. L., 62, c. 147, and is last used in the act above printed. APPLICATIONS AND ATTOBNEYS. 91 at hard labor not exceeding two years, or both, in the discretion of the court. That no claim agent or attorney shall be recognized in 19 ^ ct 35 4tat i?' .'the adjudication of claims under the first section of ^^' Act, and that no agent, attorney, or other person engaged |in preparing, presenting, or prosecuting any claim under ^the provisions of the second section of this Act shall, directly or indirectly, contract for, demand, receive, or retain for such services in preparing, presenting, or prose- icuting such claim a sum greater than ten dollars, which sum shall be payable only upon the order of the Commis- [sioner of Pensions by the pension agent making payment I of the pension allowed; and any person who shall violate any of the provisions of this section or who shall wrong- fully withhold from the pensioner or claimant the whole or any part of a pension or claim allowed or due such pensioner or claimant under this Act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall, for each and every such offense, be fined not ex- Penalt y- ceeding five hundred dollars or be imprisoned at hard labor not exceeding two years, or both, in the discretion of the court. That no fee, compensation, or allowance shall be paid 18 4 ct 2? stat. to, received, or accepted by any agent, attorney, or other 34 ^. s 3 e ' person instrumental in the prosecution of any claim for pension under this act; and any person who may make any claim upon any applicant for any fee, compensation, or allowance shall be guilty of a misdemeanor, and upon conviction shall be fined not exceeding five hundred dol- lars, or imprisoned at hard labor not exceeding one year, or both, in the discretion of the court. * * * And provided further, That no fee shall be demanded, received, or allowed in any claim for arrears I pension or arrears of increase of pension allowed by pe nsionsetc 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. That no claim agent or attorney shall be recognized in ^f^^St. i 9 ; the adjudication of claims under this act, nor shall any 5 'f n 2 c' r S eal'e O f such person be entitled to receive any compensation what- P^ si a d ever for services or pretended services in making applica- tions thereunder. No claim agent or other person shall be entitled to re- ceive any compensation for services in making applica- c -^' e s ^f; fees tion for pension under this Act. 92 ARMY AND .NAVY PENSIONS. i903 Ct 32 F stat. L', That no claim agent or other person shall be entitles 92 i' g'e 8 n 8 ts s ' ec fe^ to rece i ye an J compensation for services in making ap prohibited. plication for pension under this act. 34itat F L > .',879 9 ,c' That no pension attorney, claim agent, or other per 46 A'g S ents 3 not en- son shall be entitled to receive any compensation f 01 satSn. to compen " services rendered in presenting any claim to the Bureai of Pensions, or securing any pension, under this Act. i9w?32 J stot. L 7 ; * * * A nd provided further, That all contracts here 40 s'iu-vivors of r in- tof ore made between the beneficiaries under this Act and sned wars pen " pension attorneys and claim agents are hereby declared Fee contracts -M ^ i j heretofore made null and VOld. null and void. * # * * -, 7 7 f ,^ r -n ^Act^May^ so, And provided further, That all contracts here- 1 553, c. 250, part. '' tof ore made between the beneficiaries under this Act and I Contracts with . . attorneys, etc. pension attorneys and claim agents are hereby declared] null and void. TABLE OF ATTORNEY FEES. ALLOWED BY LAW. in original claims allowed under All general laws (except act June 27, 1890, act Apr. 19, 1908, and such acts as do not provide for pay- ment of a fee), sec. 4, act July 4, 1884, authorizes a fee On properly executed articles of agreement, any amount contracted for, not exceeding $25.00 Without articles of agreement 10. 00 Act June 27, 1890 (sec. 4 of said act) 10.00 Act Apr. 19, 1908 (sec. 2 of said act) 10.00 Supplemental claims To allow for child by former marriage if filed by new attorney 10. 00 To allow for helpless child If named in original application, but new attor- ney presents claim 10.00 If not so named, whether supplemental claim be filed by new or original attorney 10. 00 To allow for posthumous child, born after filing claim, unless expressly exempted by mutual agreement be- tween claimant and attorney 10. 00 Rerating or reissue to correct rate or date of commence- ment, if filed by new attorney (11 P. D., 202) 10. 00 Reduction in rate of pension, for services rendered in preventing (Secretary's decision, Dec. 27, 1900, case of Charles Hebel, certificate No. 113168) 10.00 Dropping pensioner's name from roll, for services ren- dered in preventing (9 P. D., 236) 10.00 Renewal, restoration, removal of suspension, etc., " cases of difliculty and trouble" (sec. 4, act July 4, 1884), commissioner may recognize articles of agreement for not exceeding (8 P. D., 182) 25.00 ' APPLICATIONS AND ATTORNEYS. 93 (Restoration - Dropped for loss of title on testimony taken by a spe- cial examiner showing that the disability or cause of death on account of which pension was allowed did not originate in line of duty, and in cases of de- pendent relatives whose names were dropped, on like testimony, upon the ground of nondependence (act July 4, 1884) In claims under all general laws (except act June 27, 1890, act Apr. 19, 1908, and such acts as do not provide for payment of a fee) On properly executed articles of agreement, any amount contracted for, not exceeding, $25. 00 Without articles of agreement 10.00 Under act June 27, 1890 10. 00 Under act Apr. 19, 1908 10.00 Where dropped under sec. 4719, R. S. (4 P. D., 405 )__ 10. 00 Increase claims Mexican War, Jan. 5, 1893, and amendatory acts, in which fee was not paid prior to Sept. 20, 1902 (12 P. D., 505) 10.00 In cases where increase is granted because of in- crease of the disability for which pension was origi- nally allowed (act Mar. 3, 1891) 2.00 NOT PAYABLE ON ORDER OF COMMISSIONER OF PENSIONS, BUT A MATTER OF CONTRACT BETWEEN CLAIMANT AND ATTOR- NEY, SUBJECTING THE LATTER TO DISCIPLINARY PROCEED- INGS IN THE EVENT OF EXTORTION OR UNREASONABLENESS. Accrued pensions, act Mar. 2, 1895, due deceased pen- sioners (rule 26, practice) : Attorney may collect 10 per cent of accrued pension paid, but fee must not exceed-- 10. 00 Divided pensions, act Mar. 3, 1899 (10 P. D. 403) : Attor- ney may collect reasonable fee, and in absence of abuse or misconduct on his part justifying disbarment, Com- missioner of Pensions has no authority. CASES WHEREIN FEES ARE DENIED. By law : Act July 4, 1884, arrears of pension allowed by Con- gress subsequent to original grant No fee. Act Mar. 19, 1886, increasing rates of pension to cer- tain widows No fee. Act Aug. 5, 1892, granting pensions to Army nurses__ No fee. Act Mar. 3, 1901, and act Feb. 28, 1903, amending sec. 4708 R. S., giving pensionable status to certain remarried widows No fee. Act Feb. 6, 1907, granting pensions to certain sur- vivors of the Mexican and Civil Wars No fee. Act May 28, 1908, for services in introducing or secur- ing the passage of a private act of Congress grant- ing a pension . No fee. 94 ARMY AND NAVY PENSIONS. By departmental construction or regulations: Increase by operation of law, Secretary's decision, or bureau schedule ratings (ruling 124 and order 266) No feel Claim filed by State agent or commissioner (7 P. D., 293) No feel Wherein power of attorney only is filed (4 P. D., 356; 7 P. D., 517) Nofeej Wherein no service is rendered (7 P. D., 517) No fee Wherein attorney transmits only order for medical examination or reasons for claimant's failure to appear for such examination (9 P. D., 375), unless in response to bureau call No feel Where guardian, as attorney, prosecutes claim of his ward, or firm of attorneys of which guardian is a member, prosecutes such claim (rule 15, practice)- No feel Where no fund accrues by reason of allowance out of which fee could be paid (8 P. D., 139; 11 P. D., 149) No fee I Reissue to include new disability, if no increase (8 P. D., 139) No fee Berating or reissue to correct rate or date of com- mencement, if same attorney as in original claim (7 P. D., 359; 13 P. D., 75) No fee Securing new or duplicate pension certificate (8 P. D., 261) No fee Supplemental claims To allow for child by former marriage if claim be filed by original attorney (7 P. D., 47; 16 P. D., 546) No fee I To allow for helpless child if child named as help- less in original declaration, to original at- torney (9 P. D., 117) No fee POSTAGE. By order of May 26, 1891, attorneys may receive, from and after Apr. 22, 1891, for-postage in any one claim $0. 50 ATTORNEYS RULES OF PRACTICE BEFORE THE BU- REAU OF PENSIONS. RULE 1. ^ person appearing of record in the Bureau of Pen- sions as having complied with the regulations prescribec by the Secretary of the Interior for the recognition o1 agents or attorneys before the Department of the Interior will be held authorized to prosecute any claim for pension or bounty land, in which the law does not prohibit the payment of an attorney's fee, on filing a power of at- torney from the claimant: Provided, however, That the APPLICATIONS AND ATTORNEYS. 95 Commissioner of Pensions, in his discretion, may recog- nize such person without compensation in any claim for pension or bounty land heretofore filed, or that may here- after be filed, in which the law prohibits the payment of .such fee. EULE 2. Transfers of attorneyship will be governed by the fol- lowing rules: (a) Transfers of attorneyship must be acknowledged before some officer authorized to administer oaths for gen- eral purposes in the presence of two witnesses who must sign their names to the instrument of transfer. (b) In all transfers of attorneyship a separate slip must be filed for each claim transferred, showing its num- ber, the name of the claimant, the name of the soldier or sailor, the service on which the claim is based, the name and address of the transferee, and an acknowledgment by the transferee of the transfer. (c) A transfer not general in character, but of a limited number of claims, from one agent, attorney, or firm to another, must be accompanied also by a schedule, alphabetically arranged, showing for each claim the data required on said slips. (d) A transfer made by the legal representative of a deceased or incompetent agent or attorney must be ac- companied by a duly authenticated certificate of an officer of the court having jurisdiction, showing the authority of such representative. (e) The written consent of the claimant is necessary to entitle a transferee to recognition in an incomplete claim, the transfer of attorneyship in all such cases being sub- ject to protest. EULE 3. No agent or attorney shall have power to make a valid assignment of any claim in which he has been recognized, even with the written consent of the claimant, unless he is at the time of such assignment and of such consent in good standing before the Bureau of Pensions. EULE 4. No power of attorney purporting to be executed by a , claimant will be recognized as good and valid unless the same is signed in the presence of two witnesses and ac- f at ~ to of attor- 96 AEMY AND NAVY PENSIONS. knowledged before an officer duly authorized to admin ister oaths for general purposes, whose official signature I is certified under seal. | RULE 5. agreement 1 eS pen- ~^ articles of agreement filed under the act of July 4 cu5on laims; exe ~ 1884 > wil1 be recognized as valid, and no fee will be paic thereunder, unless the claimant's signature thereto is wit- 1 nessed by two attesting witnesses and acknowledged be I fore some officer authorized to administer oaths for gen- 1 eral purposes, whose official signature is certified undeil seal. The attorney's acceptance of such agreement must also be executed before some officer duly authorized to ad minister oaths for general purposes, whose official signa- ture is certified under seal. RULE 6. agreement- 6 S pen- Articles of agreement, to be recognized as valid by the requSnTeits rms ' Commissioner of Pensions, must be in duplicate and ir the form prescribed by order of July 8, 1884, 1 and have 1 The following is the form of articles of agreement prescribed by th< Commissioner of Pensions and approved by the Secretary of the Interioi July 8, 1884, under the provisions of the act of Congress approved Jul; 4, 1884: [To be executed in duplicate without additional cost to claimant.] ARTICLES OF AGREEMENT. Whereas I, - , late a - - in company - - of th< Regiment of Volunteers, war of - , having mad application for pension under the laws of the United States : Now this agreement witnesseth, That for and in consideration ol services done and to be done in the premises, I hereby agree to allov my attorney, , of , the fee of dollars, whicl shall include all amounts to be paid for any service in furtherance of saic claim ; and said fee shall not be demanded by or payable to my saic attorney, in whole or in part, except in case of the granting of my pen sion by the Commissioner of Pensions ; and then the same shall be pak I to him in accordance with the provisions of sections 4768 and 4769 o: I the Revised Statutes United States. (Signature of claimant.) . (Post-office address.) . (Signatures of two witnesses.) STATE OF , County of , ss: Be it known that on this, the day of - , A. D. 1 , personally appeared , the above named, who, after having had reai over to , in the hearing and presence of the two attesting witnesses the contents of the foregoing articles of agreement, voluntarily signec and acknowledged the same to be free act and deed. [L. s.] (Official signature.) . And now, to wit, this day of , A. D. 1 , - - accept th( provisions contained in the foregoing articles of agreement, and will j to the best of ability, endeavor faithfully to represent the inter I est of the claimant in the promises. hereby certify that - APPLICATIONS AND ATTORNEYS. 97 printed upon the reverse: "Notice to Claimant," "This i agreement is permissible under the law, but not compul- sory," and a copy of the act of July 4, 1884. RULE 7. When a claim for bounty land has been allowed the warrant issued, one approved copy of the articles of agreement will be forwarded to the agent or attorney of record and the other preserved in the files of the claim. The bounty-land warrant will be forwarded direct to the |party entitled to the possession thereof. lan( * RULE 8. An agent or attorney may request and receive from a claimant a sum not exceeding fifty cents for postage in :he piosecution of any one claim, original or increase, but compliance with such request of the agent or attorney is >ptional with the claimant. Agents and attorneys are not allowed to demand a sum for postage as a right, or to refuse to prosecute a claim diere the request for postage is not complied with. Postage. RULE 9. When in the adjudication of any claim for pension or )ounty land in which articles of agreement have been iay hereafter be filed, it shall appear that the claimant, >rior to the execution thereof, had paid to the agent or ittorney any money for fee, postage (other than as Allowed by Rule 8), or expenses in connection with the dollars, - dollars mve received from the claimant above named the sum of ind no more ; dollars being for fee, and the sum of iing for postage and other expenses. And that these agreements have m executed in duplicate, without additional cost to the claimant, as required by law, in excess of the fee abo\&e named, the said attorney mak- ing no charge therefor. Witness hand the year and day above written. (Signature of attorney.) . -, County of -, whom I know to be the person Personally came ^presents - - to be, and who, having signed above acceptance of jreement, acknowledged the same to be free act and deed. [L. s.] (Official signature.) . Approved for the recognized attorney. 8001 12 dollars, and payable to -, of Commissioner of Pensions. 6 s at- 98 ARMY AND NAVY PENSIONS. .# prosecution of the claim, and the amount so paid is not stated in the acceptance of agreement by the agent or attorney, then every such claim shall be adjudicated as if the articles of agreement contained no stipulation as to a fee, and from the fee of ten dollars allowed by law such sums as are shown to have been paid to the agent or attor- ney shall be deducted. RULE 10. ^ P ower ^ attorney or articles of agreement will be ness ttestlng ^^ acce pted as valid wherein the claimant's acknowledgment is taken before an officer who is the agent or attorney named therein, or where the agent or attorney acts as one of the attesting witnesses to claimant's signature to such instrument. A declaration, affidavit, or any paper, requiring execu- tion, or acknowledgment in connection with a claim for pension, or bounty land, must be executed or acknowl- edged before an officer duly authorized to administer oaths for general purposes, who is not interested in the prosecution of the claim to which said paper pertains, and the jurat must so show. An agent or attorney who shall file any paper containing in the jurat a false statement that the officer before whom such paper was executed, or acknowledged, is not interested in the prosecution of the claim, or any statement equivalent thereto, when in truth and in fact, such agent or attorney has entered into a contract, agreement, or understanding, with such officer, by virtue of which said officer is to receive compensation, or a commission, from such agent or attorney, in the event of the allowance of the claim, will subject himself to suspension or disbarment from practice before the Bureau of Pensions. RULE 11. dateo}min tion; ^^ articles of agreement in claims for pension or bounty land that conform to the requirements of the law and regulations will be accepted if filed prior to the date of the issue of the certificate or of the bounty-land warrant. RULE 12. tit\etoiels. iion ' ^ request of an agent or attorney for consideration of his title to a fee will be entertained unless the same is APPLICATIONS AND ATTORNEYS. 99 lied in the Bureau of Pensions within three years from ;he date of issue of the certificate upon which such fee s claimed. RULE 13. If an agent or attorney is disbarred pending the ad- offee. judication of a claim, and if, while such disbarment is in offee - force, the claim is adjudicated and the certificate issued without certification of a fee by reason of such disbar- nent, and if thereafter said agent or attorney is restored :o practice, and if claimant has not, by reason of such disbarment, canceled or revoked the authority thereto- fore existing, upon such restoration as aforesaid the law- ful fee will be certified and paid to such agent or at- rorney. RULE 14. When a claimant during the disbarment of his agent same; estoppel. :>r attorney of record employs another, who prosecutes the claim to final adjudication, no fee will be certified the disbarred agent or attorney upon his restoration to practice, but his disbarment will operate by way of es- toppel to bar any claim for fee. RULE 15. No fee will be allowed to a guardian who prosecutes ia ^ ofeetoguard " the claim of his ward, nor to a firm of attorneys of which the guardian is a member. RULE 16. When an agent or attorney is called upon by the Com- missioner of Pensions to furnish evidence in any claim, he will be allowed ninety days within which to furnish same br to give reasons why he fails to do so : Provided always, That before such agent or attorney is dropped or another : recognized, at any time within one year, he shall be given thirty days' notice to show cause why he is not guilty of laches. In the event that such answer be not filed within j thirty days from the mailing of such notice, or that the | answer thereto be held by the Commissioner of Pensions to be insufficient, claimant shall be notified of such , failure and may file the same, either by himself or by i such other attorney as he may elect ; and upon the recog- 100 ARMY AND NAVY PENSIONS. nition of such other attorney the former agent or at- torney will be estopped from claiming any fee. RULE 17. call slips. To call up a case will not be held of itself a substan- tial compliance with any specific requirement of the Commissioner of Pensions. RULE 18. ieet. flect f neg An a g en t or attorney will be required to exercise due diligence in all cases in which he is recognized. Neglect to prosecute a claim for one year will be held, in default of cause shown, conclusive evidence of the abondonment of a claim by the agent or attorney, and claimant will be so advised. RULE 19. Upon the rejection of a claim for pension or bounty land the agent or attorney of record will be notified of such rejection and the reason therefor, and will be al- lowed ninety days from the date of such notice within which to file a motion for reconsideration, supported by material evidence, or within which to enter an appeal to the Secretary of the Interior ; and on his failure to do either he will be held to have abandoned the case, and the claimant may employ any other duly qualified agent or attorney further to prosecute the claim. RULE 20. No claim pending in the Bureau of Pensions will be considered out of its regular order upon the request of an agent or attorney, or any other person whomsoever, except for good cause shown and upon the order of the Commissioner of Pensions. RULE 21. Every agent, attorney, or other person recognized by before the Department of the Interior as entitled to practice before the Bureau of Pensions, shall submit to the Com- missioner of Pensions copies of all proposed advertising APPLICATIONS AND ATTORNEYS. 101 matter framed and intended to solicit business Bureau of Pensions, and if the same -be 'not- disapproved * by the Commissioner of Pensions and the agent or at- torney so notified within ten days from the date of filing them, they will be held, prima facie, approved. Advertising matter may contain clear, correct, and explicit statements of the law, the name and address of the attorney, and the information that he prosecutes claims for pension and bounty land. The use by an agent or attorney of the characters " U. S.," or the words " United States," as a part of his title or of the title of his business is misleading and will not be permitted. KULE 22. A claim for increase of pension will not be considered or held as a claim pending within the prohibition of class - section 190, Revised Statutes of the United States. RULE 23. Every agent, attorney, or other person who shall, directly or indirectly, request of any Member of either gJSf House of Congress, or of any United States Government g bit ^ aims ' pr - official or representative (other than one whose duty it is under the law to supervise and administer the laws, rules and regulations governing the granting of pen- sions and bounty land) aid or assistance in the prose- cution of a pension or bounty-land claim, or who shall, directly or indirectly request or advise a claimant to seek such aid in the prosecution of a pension or bounty- land claim, will be held to have abandoned the claim as agent or attorney and will thereby forfeit his agency or attorney ship in such claim. RULE 24. Every agent, attorney, or other person recognized the Department of the Interior as entitled to practice niie before the Bureau of Pensions who shall violate the pro- visions of Rule 23, above, will be held thereafter incom- petent to prosecute claims before said Bureau within the meaning of section 5 of the Act of July 4, 1884, and will thereby subject himself to suspension or disbarment from practice before the Bureau of Pensions. 102 AKMY A:ND NAVY PENSIONS. . . RULE 25. ses Where an agent, attorney, or other person incurs an of re- ex P ense ^ n the prosecution of a claim before the Burea ceiving payment. o f p ens i ons? ne mus t file a sworn itemized account o such expense with the Commissioner of Pensions an< secure the approval thereof, before demanding or receiv ing reimbursement from the claimant or pensioner. RULE 26. fe^Sted Claims; In a claim under the act of March 2, 1895, for th accrued pension due in an admitted case from the dat of last payment to pensioner's death, the agent or attor ney of record is permitted, upon the allowance of th claim, to receive as a fee, direct from the claimant o.l beneficiary, ten per centum of the amount of the accrued pension paid; but in no event will such agent or attor ney be permitted to demand, receive, or retain a fee h] excess of ten dollars in any one claim. RULE 27. refund"fee 'errS Where, through a mistake of fact or fraud on th neousiy paid. p ar ^ o f an a g en t O r attorney, a fee to which he is nov entitled has been paid to him he will be required to re fund the same on demand by the Commissioner of Pen sions ; and his failure or refusal to refund, after such de mand, will render him liable to suspension or disbarmen from practice before the Bureau of Pensions. RULE 28. negSkffumSi When in an invalid claim for increase the Commis ?or d efiect O f Called sioner of Pensions issues a call for evidence to show tha claimant's disability has increased, as a prerequisite t< a medical examination, and no evidence is filed in re sponse to such call within ninety days, or thereafter be fore there is presented on behalf of claimant another declaration for increase, then the claim in which said call was issued is to be held rejected without ordering a medical examination, unless there was on file in the claim at the time of the issue of said call, medical evidence which had not been considered, tending to show that th claimant's disability had increased. APPLICATIONS AND ATTORNEYS. * Any declaration for increase filed within ninety days from date of a call, under a prior declaration, for evi- dence to show increase of disability, will be held a dupli- cate of such prior declaration. RULE 29. All rules and orders inconsistent with the foregoing Repeal. are hereby abrogated. J. L. DAVENPORT, Commissioner of Pensions. Approved. CARMI A. THOMPSON, Assistant Secretary. DEPARTMENT OF THE INTERIOR, July 12, 1911. 103 t,ULES OF PRACTICE IN PENSION AND BOUNTY-LAND APPEALS. RULE I. Except as herein otherwise provided, an appeal may be taken to the Secretary of the Interior from the final action or order of the Commissioner of Pensions in all matters relating to pensions or bounty land, and a sepa- rate appeal must be filed in each claim. RULE II. *of Appeals must be filed with the Commissioner of Pen- sions. The Commissioner will thereupon, within thirty f c e tedSn within days from the filing of said appeal, consider and deter- be d adhered cti to! mine whether the action or order from which the appeal is ^Jt tEeSJn,and taken shall be adhered to ; arid if he shall determine not to recede therefrom, he shall, within said period of thirty days, forward said appeal, together with the record in the case and a report stating his reasons for the action or order complained of, to the Department ; and said appeal shall thereupon be entered upon a docket kept for that pur- Docketin g- pose. Upon the perfection of such appeal, by transmis- sion and docketing aforesaid, the jurisdiction of the Commissioner shall cease and determine, and the case will be decided by the Secretary on the record. The decision of the Secretary shall be in duplicate and the same shall 104 ARMY AND NAVY PENSIONS, be transmitted with said record to the Commissioner oil to C be y sent e to isi a n -^ ens ^ ons ^ or ac tion in accordance therewith. One copy! or his at- O f th e decision shall be transmitted by the Commissioner I to the appellant or his duly accredited attorney. RULE III. Limitation No appeal will be entertained unless filed within one year from the date of notice of final action or order of which complaint is made. RULE IV. wm not lie for No appeal will be entertained from the refusal of the refusal to recog- . . nize attorney in Commissioner of Pensions to recognize attorneys or case where law . . prohibits fee. agents in prosecuting claims for pension or bounty lane under any law wherein the payment of a fee for such service is prohibited. RULE V. to see Rule xi. on appeal. -^ n eac ^ 1 a PP ea l? the name and service of the soldier, on account of whose service the claim is based, must be stated, together with the number of claim, the law under which the claim is prosecuted, and the date and substance of the action from which the appeal is taken. RULE VI. ^ n a PP ea ^ by an attorney will not be entertained un- } ess ne nas fii e( j a duly executed power of attorney for this purpose from the appellant, or is entitled under the rules to recognition. RULE VII. pemted me or dS- n a PP a l taken on behalf of a claimant by or through not r en ; tertained y ' a sus P e nded or disbarred attorney will not be entertained. RULE VIII. refundmen of f "^ a PP ea ^ pertaining to the allowance of a fee when the refundment has been called for will be entertained unless refundment as required shall have been made. RULE IX. Commissioner of Pensions shall return to the ap- an y a PP ea l not in conformity with the provisions of Rules III to VIII, inclusive, stating wherein the ap- peal is defective. APPLICATIONS AND ATTOBNEYS. 105 RULE X. In proceedings before the Commissioner in which he applet? 1 ser shall decide that a party has no right to appeal to the JSJtlng* commit Secretary or that said appeal may not be entertained f certffy Srd! under the provisions of the foregoing rules such party may apply to the Secretary for an order directing Commissioner to certify said action together with the record in the case to the Department; and such applica- right to appeal. tion shall be in writing, under oath, and shall fully and specifically set forth the grounds upon which the same is based. RULE XI. Each appeal must contain specific assignments of the alleged mistake or error of law or of fact in the adjudica- tion of said claim by the Commissioner of Pensions ; and {jJJ* or errors of any appeal insufficient in this respect may be dismissed SeeRuleV - by the Secretary. RULE XII. A motion for reconsideration of any departmental deci- f sion may be filed with and entertained by the Secretary, S i( Sr; in his discretion, if filed within six months from the date tlons- when such decision was rendered. It must be shown in said motion that some material feature of the case has not been considered in said decision, or that there was error of law or of fact. RULE XIII. Upon the adjudication of a claim for division of pension under the act of March 3, 1899, in the Bureau of Pensions, both parties will be promptly notified by the bureau, by registered letter, of the action taken. Each party will, in the absence of waiver, be allowed thirty days from receipt of said notice to appeal from said action, the appeal to be accompanied by due proof of service of a copy thereof upon the appellee, as required by Rule XIV. Unless such bureau action is appealed from within thirty days from receipt of said notice, the bureau action shall be deemed to be final to the extent that all payments of divisions of pension in accordance with such bureau action will not, in the absence of fraud or mistake of fact, be disturbed: Provided, The unex- 106 ARMY AND NAVY PENSIONS. plained failure of a pensioner to appear, answer, or i any way plead to the claimant's application, after du notice thereof by the Bureau, will be deemed a waive of his right to appeal to the extent that, if the claim bj allowed, final orders for division of pension may issui at once. RULE XIV. First, second, Appeals from bureau action in cases under the firs and third pro- visos of act Mar. second, and third provisos of the act of March 3, 189J 3, 1899; proof of ^. service o? notice should be accompanied bv due proof of service of a cop on appellee pre- J requisite. o f the appeal upon the appellee or his or her attorne of record. Proof of service must be such as will satisfy the Cora missioner of Pensions that the appellee has been inf orme< of the appeal and the contents thereof, and may consi of, first, a written acceptance of service by the appelle or his or her attorney of record; or, second, a posta registry return receipt card, signed by appellee or a torney of record, accompanied by an affidavit, showin that on a certain date a copy of the appeal was maile in a registered letter, postpaid, to the appellee or th attorney of record, addressed to a certain post-offic (naming it), that the card was returned in acknowledg ment of the receipt of such letter; or, third, an affidav showing that on a certain day and at a certain plac a copy of the appeal was personally delivered to th appellee or his or her attorney of record. Appeals in this class of cases unaccompanied by du proof of service^ or a satisfactory reason why persona service can not be made, will not be filed, or considered but will be promptly returned to the appellant, or his o her attorney of record, for compliance with this rule. RULE XV. ^During pend- Appeals from Bureau action in cases under the first payment of one-second and third provisos of the act of March 3. 1899 half of pension suspended; limi-when accompanied by due proof of service of a cop^ tation as to period . for filing answer, thereof upon the appellee, will be filed, and the appellan and appellee promptly notified thereof. The appeal wil operate to suspend further payment of the one-half pen sion in controversy until a decision shall have been ren dered therein by the Department, and the appellee will tx allowed thirty days from the date of filing the appeal ir APPLICATIONS AND ATTOBNEYS. 107 which to file an answer, brief or argument, in opposition to the appeal or in support of the bureau action appealed from. RULE XVI. Appeals from the Bureau action in cases under the first, ^JJgJ 18 "f der second, or third provisos of the act of March 3, 1899, ^ to *> e Joined* r ' ' with appeals un- should be confined to cases under that act, and not joined der other laws. with an appeal from action in an invalid claim or claims under other acts of Congress, and when perfected by due proof of service of a copy of the appeal upon the appellee, as required by Rule XIV, should be addressed to the Commissioner of Pensions. This appeal should state the post-office address of the appellant and appellee and the certificate number and the service (company and regi- ment, etc.) of the pensioner, and should briefly, but spe- cifically, state the error of law or fact complained of and the grounds relied upon for reversing or modifying the bureau action appealed from. No additional evidence upon the merits of the claim Evidence, should be filed by either appellant or appellee, or con- sidered on appeal. RULE XVII. Motions for review of departmental decisions in cases pa ?tSentai dec!- for division of pension under the act of March 3, 1899, d ^.^ c f ses pe f r _ should be addressed to the Secretary of the Interior and refer to the docket number of appeal, stating the names of the parties. The motion should briefly but specifi- service. cally state the error of law or of fact in the decision sought to be reversed or modified and clearly indicate the grounds relied upon for reversing or modifying the deci- sion and may be accompanied by brief or argument in support thereof. The motion should be accompanied with due proof of service of a copy of the motion upon the opposite party, or his or her attorney : as indicated in Rule XIV of Practice. The opposite party will be allowed thirty days in which ^'^ to reply to said motion, if desired, by answer, brief, or etc. argument, and thereupon the motion will be promptly considered by the department, and a copy of the depart- mental decision or order, on the motion for review, will be duly forwarded to the parties or their attorneys by the Bureau of Pensions. 108 ARMY AND NAVY PENSIONS. suspension of ]^ o motion for review of a departmental decision unde] payment only at department's di- sa j(j ac t shall operate to suspend payment of one-half the pension in controversy unless expressly directed by this department. Rules xrv and The requirements of Kules XIV and XVI of Practice XVI, supra, ap- TIT , < piicabie. as to appeals, are applicable to motions tor review undei said act. aDOVe rules, governing the practice in appealed claims before the Department, relating to pensions and| bounty lands, shall become effective on and after Septem- Repeai. ^ er ]^ 19H ? and all rules and orders heretofore promu] gated inconsistent with the foregoing are hereby abro gated. CARMI A. THOMPSON, Assistant Secretary. AUGUST 15, 1911. Chapter VII. PHYSICAL EXAMINATIONS. EC. 4776, R. S. Medical referee ; examin- ing surgeons. EC. 4777, R'. S. Civil examining surgeons, appointment of. EC. 4775, R. S. Special medical examina- tions and appeals therefrom. LCT JUNE 21, 1879, SEC. 3. Biennial ex- aminations abolished. ACT JULY 25, 1882, SEC. 4. Boards of ex- amining surgeons, organization of. ACT JUDY 18, 1894. Reports of examining surgeons open to inspection. ACT MAY 28, 1908. Examining surgeons, fees of and character of reports to be made by. The Secretary of the Interior is authorized to appoint duly qualified surgeon as medical referee, who, under ^ he control and direction of the Commissioner of Pen-< sec.38. Mar. 3, io/o, 17 otat. LI., ions, shall have charge of the examination and revision 577 - >f the reports of examining surgeons, and such other luties touching medical and surgical questions in the 18 ^f 23 fS. L 3 ,' r'ension-Office, as the interests of the service may de- 41 g alary of medi . nand; and his salary shall be two thousand five him- cal referee ' $2 ' 500 - Ired dollars per annum. And the Secretary of the In- ,erior is further authorized to appoint such qualified urgeons (not exceeding four) as the exigencies of the .ervice may require, who may perform the duties of ex- imining surgeons when so required, and who shall be )orne upon the rolls as clerks of the fourth class; but uch appointments shall not increase the clerical force >f said Bureau. The Commissioner of Pensions is empowered to ap- at his discretion, civil surgeons to make the ^ periodical examinations of pensioners which are or may )e required by law, and to examine applicants for pen- ion, wheie he deems an examination by a surgeon ap- 568 - pointed by him necessary ; and the fee for such examina- ions, and the requisite certificates thereof in duplicate, 4> ncluding postage on such as are transmitted to pension- L - 388 - gents, shall be two dollars, which shall be paid by the gent for paying pensions in the district within which the Densioner or claimant resides, out of any money appro- riated for the payment of pensions, under such regula- tions as the Commissioner of Pensions may prescribe. 109 110 ARMY AND NAVY PENSIONS. Examining surgeons duly appointed by the Commis- ^ P ens i ns ? and such other qualified surgeons as em ply e( i i n the Pension- Office, may be required 1873, 17 stat. L.; by him, f rom time to time, as he deems for the interest of the Government, to make special examinations of pen- sioners, 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 ap- 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 any appropriations made for the payment of pensions, in the same manner as the ordinary fees of appointed surgeons are or may be author- ized to be paid. i879 Ct 2i J &tet L 1 ' That sections forty-seven hundred and seventy-one, ^secs 4 ^?! ' 4772 forty -seven hundred and seventy-two, and forty-seven 47 BiSi e exatn^ hundred and seventy-three of the Revised Statutes of the in To fncre ase he or United States, providing for biennial examinations of reduce a pension, pensioners, are hereby repealed : Provided, That the Commissioner of Pensions shall have the same power as heretofore to order special examinations, whenever, in his judgment, the same may be necessary, and to in- crease or reduce the pension according to right and jus- tice; but in no case shall a pension be withdrawn or reduced except upon notice to the pensioner and a hear- ing upon sworn testimony, except as to the certificate of the examining surgeon. 10 ^ ct __ J ^y 25, That the Commissioner of Pensions is hereby author- IftOw, &i Dial. J-/j 17 comm?ssi e o C ne'r ^ zed ^ a PPi n t surgeons who, under his control and thoriz e ed si to a" direction shall make such examination of pensioners and and 1 o r TnjTe c l amian t s for pension or increased pension as he shall re- b eons S f sur ( l u i re > and ne 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 examina- tion shall be made by one surgeon excepting under such circumstances as make it impracticable for a claimant to PHYSICAL EXAMINATIONS. Ill }resent himself before a board: Provided, That the Com- nissioner may, when in his opinion the exigencies of the i service require it, organize a board of three surgeons who, inder his direction, shall review the work of any regu- arly-appointed board or surgeon: Provided further, an dreparts ations That all examinations shall be thorough and searching, md the certificate contain a full description of the physi- cal condition of the claimant at the time, which shall nclude all the physical and rational. signs and a state- nent of all structural changes. The fee for each examination, and satisfactory certifi- na y^ n for exam1 ' jate thereof, shall be two dollars to each member when nade by a board, and two dollars when made by one mrgeon : Provided, That when the claimant is so dis- ibled as not to be able to present himself to a board of d e a n S ant ' s resi " jurgeons for examination, the Commissioner may order i surgeon to make the examination at the claimant's resi- lence; and the fee for such examination shall be two dol- j-ars, in addition to the payment of the actual traveling expenses of the surgeon : Provided further, That no fee agnation if not shall be allowed or paid to any member of such board o f participated in - examining surgeons who does not actually participate in imch examination and sign the certificate thereof. The Commissioner may, when in his judgment the d bpree of disability cannot be determined truthfully or P ert - satisfactorily excepting by expert examination, employ i in expert, not a regularly appointed surgeon, to make the jixamination; and the fee for such examination shall be Fee - five dollars: Provided, That the fee for an expert exam- g- | nation shall not be paid to any regularly-appointed exam- suVgeons ppointed ping surgeon. The fee for the examination of claimants who reside C ia?niant8; sl e e x- t of the United States shall not exceed ten dollars, ? ination ' and which shall be paid, upon the presentation of satisfactory vouchers, out of the appropriation for the payment of the Bxamining surgeons, and through the United States con- sulate nearest to the claimant's place of residence. 1 Provided, That the report of such examining Act July is 1 RQ4 28 Stftt T surgeons when filed in the Pension Office shall be open 113, c. 141, part. '' bo the examination and inspection of the claimant or his a mining sur- attorney, under such reasonable rules and regulations * 11 the Secretary of the Interior may provide. 1 Supersedes sec. 4774, R. S. 112 AEMY AND NAVY PENSIONS. i908 Ct 35^tat 8 ' * * * And hereafter each member of each examin- 41 Exam?niTlur- m board shall receive the sum of three dollars for the Sto increase of examination of each applicant whenever five or a less number shall be examined on any one day and one dol- lar for the examination of each additional applicant on suc ^ ^ a ^ : Provided, That if twenty or more applicants appear on one day no fewer than twenty shall, if prac- ticable, be examined on said day, and that if fewer ex- aminations 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, and the fee shall be three dollars when the examination Fee for, at is made by one surgeon, and the fee for each examination claimant's resi- * . . dence. at the claimant s residence provided his residence is out- side of the corporate limits of the place of the regular meeting of the examining board or of the place of resi- dence of the surgeon, making the examination shall be five dollars in addition to the payment of the actual Traveling ex- traveling expenses of the surgeon: Provided further,] That no fee shall be paid to any member of an examining ^ oar( ^ un ^ ess personally present and assisting in the ex- Ratings to be animation of applicant: And provided further, That the specifically - , J . . u 11 * n stated, etc. report of such examining surgeons shall specifically state the rating which in their judgment the applicant is en- titled to, and the report of such examining surgeons shall specifically and accurately set forth the physical condition of the applicant, each and every existing dis- ability being fully and carefully described. * * * Chapter VIII. PENSION AGENTS AND PAYMENT OF PENSIONS. JBC. 4780, R. S. Pension agencies estab- lished. >EC. 4778, R. S. Pension agents, appoint- ment of and term of office. iCT MAR. 8, 1878. Temporary appointment for vacancy in pension agency. EC. 4779, R. S. Pension agents, bond of. ICT MAR. 3, 1885. Pension agents, sal- ary of. LCT JUNE 30, 1890. Clerk to sign pension agent's name. LCT MAR. 3, 1911. Clerk hire in pension agencies subject to approval of Secretary of the Interior. LCT MAR. 1, 1889. Rooms in public build- ings to be set apart for pension agencies. EC. 4767, R. S. Blanks for vouchers. EC. 4764, R. S. Pension agents to send quarterly vouchers to each pensioner. LCT MAR. 3, 1891, SEC. 2. Grouping of agencies for purposes of payment. LCT MAR. 1, 1889. Vouchers may be exe- cuted before United States officers free of charge. LCT AUG. 23, 1894. Vouchers may be exe- cuted before fourth-class postmasters. CT JUNE 25, 1910, SEC. 2. Vouchers may be executed before rural free delivery carriers. LCT MAR. 4, 1909. Pensioners to be fur- nished with penalty envelopes for return of vouchers to agencies. EC. 4765, R. S. Check to be drawn and mailed to each pensioner. LCT FEB. 23, 1909. Lost checks, duplicates to be issued, when, amending section 3646, Revised Statutes. LCT AUG. 8, 1882. Payment of pensions, amending section 4766, Revised Statutes. LCT MAR. 3, 1899. Division of pension, etc. LCT MAR. 14, 1898. Pensions of foreign residents not to be paid on powers of attorney. LCT MAR. 2, 1895. Repealing law forbid- ding payment of pension to nonresident. EC. 4820, R. S. Pensioned inmates of soldiers' home ; rights of. LCT MAR. 3, 1883, SEC. 4. Pensioned in- mates of soldiers' home may allot por- tion of pension ; pension of inmates not allotted to be paid to treasurer of home. EC. 4813, R. S. Pensions of inmates of the Naval Home at Philadelphia, Pa., or naval hospitals, to be paid to the Sec- retary of the Navy. 8001 12 9 ACT MAY 4, 1898. Pensions of inmates of the Naval Home at Philadelphia, Pa., etc., to be paid to Secretary of the Navy. ACT FEB. 26, 1881, SEC. 2. Regulating pay- ment of pensions to inmates of the Na- tional Home for Disabled Volunteer Soldiers. ACT AUG. 7, 1882. Inmates of National Home, Disabled Volunteer Soldiers ; pay- ment of pensions of. ACT JULY 1, 1902. Disposition of accrued pension due inmates of National Home, Disabled Volunteer Soldiers, at death. ACT JUNE 25, 1910. Application for mem- bership in the National Home, Disabled Volunteer Soldiers, to contain provision as to disposition of funds which may be due applicant, if admitted, at time of death. ACT MAR. 4, 1911. Prohibiting expenditure of appropriation for benefit of the Na- tional Home, Disabled Volunteer Soldiers, or for any State or Territorial home, if a bar or canteen is maintained thereat. ACT MAR. 4, 1911. Sums collected by State or Territorial homes to be deducted from aid given by the United States to such homes. ACT MAY 28, 1908. Pensions of inmates of State or Territorial homes to be paid directly to the beneficiaries. ACT AUG. 7, 1882. Insane persons from the National Home for Disabled Volunteer Soldiers to be admitted to the Govern- ment Hospital for the Insane in the Dis- trict of Columbia, etc. ACT FEB. 20, 1905. Payment and disposi- tion of pension money belonging to cer- tain inmates of the Government Hospital for the Insane. ACT JUNE 30, 1906. Deposited moneys of deceased inmates of the Government Hospital for the Insane to be covered into the Treasury. ACT FEB. 2, 1909. Disbursing officer, Gov- ernment Hospital for the Insane, duties of. ACT MAR. 2, 1895. Accrued pensions. ACT MAR. 4, 1909. Reimbursement claims settled by Commissioner of Pensions. SEC. 4719, R. S. Legal termination of pen- sion after three years' failure to claim. SEC. 4747, R. S. Pensions not liable to at- tachment, etc. 113 114 AEMY AND NAVY PENSIONS. Sec. 4780, R. s. The President is authorized to establish agencies for Establishment . ^ ?ies pensi n a g en -the payment of pensions wherever, in his judgment, the i n ^rests 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 estab- lished 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. The President is authorized to appoint, by and with advice and consent of the Senate, all pension-agents, wno shall hold their respective offices for the term of ,' 3 ' stat! f ur years, unless sooner removed or suspended, as pro- Apr 2 2? S 1 5 vided by law, and until their successors are appointed SggV'iS.'g and qualified. let Mar. s, That whenever during a session of the Senate a va- 26 7 c'.25. Stat ' L ''cancy shall occur in the office of pension agent, by reason poinKit a forva-of resignation, death, removal or expiration of the term ageS y in pensi n of office, O r where any such agent lawfully appointed amended. 4 7 7 8 shall have failed to qualify and assume the duties of such office, the President may when the public exigency requires it, designate any officer of the United States to perform the 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 discharge of the said duties, and the Secretary of the Interior shall allow in the settlement of the accounts of such officer, the neces- sary expenses incurred by him in the discharge of his duties under this act. The foregoing provisions shall apply to any vacancy now existing. Bond 77 of R 'en" ^^ pension-agents shall give bond, with good and suffi- si TctFeb tS 5 186? c ^ 6n t sureties, f or such amount and in such form as the 14 stat. L., 391. 'Secretary of the Interior may approve. !8&> ct 23 &tat L 3 ' ^ or the sa l ar i es f eighteen agents for the payment of '' pensions, at four thousand dollars each, seventy-two thou- sand dollars. For ^ ees ^ or preparing vouchers, rent, fuel, lights, post- age on letters to the Executive Departments and to pen- sioners, stationery, and other necessary expenses, to be ap- proved by the Secretary of the Interior, two hundred and n . fifty-six thousand dollars: Provided, That from and after f >m per June thirtieth, eighteen hundred and eight-five, the salary PENSION AGENTS AND PAYMENT OF PENSIONS. 115 and emoluments of agents for the payment of pensions shall be four thousand dollars, and no more, per annum; and of the fees provided by law for vouchers prepared and paid, only so much thereof as may be required for expenses incurred in having said vouchers prepared, as well as the necessary clerical work at the agencies, shall be available. 1 In case of the sickness or unavoidable absence of any 18 go t 26 J &tS. L| pension agent from his office, he may, with the approval of the Secretary of the Interior, authorize the chief clerk, salary of - or some other clerk employed therein, to act in his place, to sign official checks, and to discharge all the other duties required by law of such pension agent ; and, with like ap- officfai k checks Slgn proval, any pension agent may designate and authorize a clerk to sign the name of the pension agent to official checks. 2 The official bond given" by the principal of the office shall be held to cover and apply to the acts of the person appointed to act in his place in such cases, and a new bond shall be required from all pension agents now in office. Such acting officer shall, moreover, for the time being, be subject to all the liabilities and penalties pre- scribed by law for the official misconduct, in like cases, of the pension agent for whom he acts. That the amount of clerk hire and other services and 19 nf 36 &tat. -L.', the salaries paid shall be subject to the approval of the 10 p 5 e '^i^ 7 ' agen- Secretary of the Interior. 3 cies ' clerkllire - And hereafter the Secretary of the Treasury, where 1^*25 &tat. L.| practicable, shall cause suitable rooms to be set apart in pension p tgen- the public buildings under his control in the cities where cl Rooms in pub- pension agencies are located, which shall be acceptable lic to the Secretary of the Interior, for the use and occupancy of the said agencies respectively. 1 Sec. 4781, R. S., was repealed by the act June 14, 1878, 20 Stat. L., 112, c. 188, and this in turn was repealed by above act. 2 Act July 18, 1894, 28 Stat. L., 113, c. 141, modifies above act as to method of designation of clerk to sign official checks by authorizing the pension agent to make such designation without other or further ap- proval, but this proviso was held (2 Comp. Dec., 506) to apply to current year only. Sec. 4784, making provisions for the taking of affidavits by pension agents or their clerks, repealed by act Mar. 23, 1896, 29 Stat. L., 74, c. 66. 3 Prior to the act of Mar. 3, 1911, the appropriation acts recited that " the amount of clerk hire for each shall be apportioned as nearly as practicable in proportion to the number of pensioners paid at each agency, and the salaries paid shall be subject to the approval of the Secretary of the Interior." The language quoted was last used in act June 25, 1910, 36 Stat. L., 843, c. 413. 116 ARMY AND NAVY PENSIONS. B?kn 7 ks R f o S r The Secretary of the Interior shall cause suitable v sec he 5 S; July !' blanks ^ or the vouchers mentioned in section forty-seven 1870, 16 'stat. L-, 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. lensfon 4 agents Within fifteen days immediately preceding the fourth louchers qu to rt ea r ch da 7 of March, June, September, and December in each' pe sec 0n i*'ju\j 8,y ear > the several agents for the payment of pensions shallj i93?'amend a ed ac't P re P are a quarterly voucher for every person whose pen- stat. L!, 1082.' ^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 pen- sion of such person is due and payable. 1891^26 &tat. L 3 ) That the Secretary of the Interior is hereby authorized 10 p 2 a7nSnt sec 'of and directed to arrange the various agencies for the pay- sfon on agent e ?; nient of pensions in three groups as he may think proper, la&sofpayinent'. a nd may from time to time change any agency from one group to another as he may deem convenient for the transaction of the public business. The first group shall make their quarterly payments of pensions on January fourth, April fourth, July fourth, And October fourth of each year; the second group shall make their quarterly payments of pensions on February fourth, May fourth. August fourth, and November fourth of each year; and the third group shall make their quarterly payments of pensions on March fourth, June fourth, September fourth, and December fourth of each year. The Secre- tary of the Interior is hereby fully authorized to cause payments of pensions to be made for the fractional parts of quarters created by such change, so as to properly amended 4764a djust all payments as herein provided. Section forty- seven hundred and sixty-four of the Revised Statutes is hereby so amended as to conform to the changes in the time of payments provided herein, and is made appli- cable thereto. The sum of fifteen thousand dollars is hereby appro- priated to meet the expenses involved in carrying into effect the changes herein provided for. PENSION AGENTS AND PAYMENT OF PENSIONS. 117 * * * And provided further, That hereafter all United States officers now authorized to administer oaths ^'^J^, part are hereby required and directed to administer any and^ t ^y b b e e f ^ all oaths required to be made by pensioners and their J c ^ ed 8 g s f j witnesses in the execution of their vouchers for their char ^ e - pensions free of charge. That hereafter, in addition to the officers now author- ig^^s^stat. L.', ized to administer oaths in such cases, fourth-class post- ^v^uc^ers may masters of the United States are hereby required, em- fore ex ffiSciSS powered, and authorized to administer any and all oaths P stmasters - required to be made by pensioners and their witnesses in the execution of their vouchers with like effect and force as officers having a seal ; and such postmaster shall affix the stamp of his office to his signature to such vouch- ers, and he is authorized to charge and receive for each voucher not exceeding twenty-five cents, to be paid by the pensioner. That hereafter, in addition to the officers now author- 1910^ 36 J stat. 5 | ized to administer oaths in such cases, rural free delivery carriers of the United States are hereby required, em- powered, and authorized to administer any and all oaths de required to be made by pensioners and their witnesses in the execution of their vouchers, with like effect and force as officers having a seal, and they are authorized to charge and receive for each voucher not exceeding twenty- five cents, to be paid by pensioner. That the Secretary of the Interior shall hereafter 19 ^ ct 35 ^ L 4 furnish free to all pensioners franked or penalty en- 10 F 8 r'anked'e^ a ei- velopes, properly addressed, to be used by said pensioners JJg* f j only for the return of their pension vouchers. vouchers. Upon the receipt of such voucher, properly executed, and the identity of the pensioner being established and proved in the manner prescribed by the Secretary of Interior, the agent for the payment of pensions shall im- J|J 16 stat - L -> mediately draw his check on the proper assistant treas- urer 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; but any pensioner may be required, if thought proper by the Commissioner of Pen- sions, to appear personally and receive his pension. That sections thirty-six hundred and forty-six and igogfas^tat. ?.', thirty-six hundred and forty-seven of the Revised Stat-^ec'.sS^R.s., utes be, and they hereby are, reenacted and amended to 5 " 1 read as follows: 118 ARMY AND NAVY PENSIONS. cate SU checks U ^ U " " ^ EC< 3646. Whenever any original disbursing officer's disbursing officer, check is lost, stolen, or destroyed, the Secretary of the Treasury may authorize the officer issuing the same, after the expiration of six months and within three years from the date of such disbursing officer's check, to issue a dupli- Bond. ca f- e thereof upon the execution of such bond to indemnify the United States as the Secretary of the Treasury may prescribe : Provided, That when such original disbursing officer's check does not exceed in amount the sum of fifty dollars the Secretary of the Treasury may authorize the issuance of a duplicate at any time after the expiration of thirty days and within three years from the date of such disbursing officer's check: Provided further, That whenever any original check or warrant of the Post-Office Department has been lost, stolen, or destroyed the Post- master-General may authorize the issuance of a duplicate thereof j at any time within three years from the date of I such original check or warrant, upon the execution by the owner thereof of such bond of indemnity as the Post- master-General may prescribe: And provided further A Less than $50. That when such original check or warrant does not exceed in amount the sum of fifty dollars and the payee or owner is, at the date of the application, an officer or employee in the service of the Post-Office Department, whether by contract, designation, or appointment, the Postmaster- General may, in lieu of an indemnity bond, authorize the issuance of a duplicate check or warrant upon such an affidavit as he may prescribe, to be made before any post- master by the payee or owner of an original check or I warrant. 1 amende*? 7 ' R ' S '' " ^ EC * 3647. In case the disbursing officer or agent by chS5k, p when a offi- w hom such lost, destroyed, or stolen original check was dead issued " fa i ssue d is 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 may 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 : Provided, That in case a check drawn by any officer or agent of the Post-Office Department is lost, ! stolen, or destroyed a duplicate thereof may be issued under regulations prescribed by the Postmaster-General, ] as set forth in section thirty-six hundred and forty-six." 1 Sec 3646, R. S., has been amended several times first by act Feb. 18, 1885, 23 Stat. L., 306 ; then by act Mar. 23, 1906, 34 Stat. L., 84, and act June 19, 1906, 34 Stat. L., 301 ; and lastly, by act Feb. 23, 1909. PENSION AGENTS AND PAYMENT OP PENSIONS. 119 That section forty-seven hundred and sixty-six, title 18 ^ ct 22 sSft L 8 ' fifty-seven, of the Revised Statutes of the United States 37 |-^f 9 - 4 ' 76 g is hereby amended to read as follows : " SEC. 4766. Hereafter no pension shall be paid to any pJj'Sh^ta'pSJ person other than the pensioner entitled thereto, nor sons entitled - otherwise than according to the provisions of this title; and no warrant, power of attorney, or other paper exe- cuted or purporting 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 pension be paid thereon; but the payment to persons laboring under legal disabilities may be made legal disal > ilities - to the guardians of such persons in the manner herein prescribed, and pensions payable to persons in foreign countries may be made according to the provisions of existing laws : Provided, That in case of an insane in- er ? p^nslon^Ty valid pensioner having no guardian, but having a wif e ^ e ife f aid to ms 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-executed 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 manner to cause the pension of in- valid pensioners who are or may hereafter be imprisoned P risoned - as punishment 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 re- siding in the Indian Territory may be paid in person by parent. 6 " torv> the pension agent, upon a suitable voucher, at some con- venient point in said Territory, which, together with the form and manner of identification of the pensioners, may be prescribed by the Secretary of the Interior ; such pay- ments 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 Commissioner of Pensions such per- sonal payment shall be by him deemed necessary or proper to secure to the pensioner his rights ; and the nec- essary and actual expenses of such pension agent in mak- ing such payments shall be paid by the Secretary of the Interior upon properly-executed vouchers, out of the contingent fund appropriated for the use of the Pension Office. The commissioner may, when in his judgment it shall be deemed necessary or proper, visit in person, for 120 ARMY AND NAVY PENSIONS. the purpose of examination and inspection, or may send any one or more of the officers of his bureau for that pur- pose, any of the pension agencies or medical examining 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 contingent fund of said bureau." i899?30 &t. L 8 ', That section forty-seven hundred and seventy-six, Title 13 j^c' 460 '4766 fifty-seven, of the Kevised Statutes of the United States amended. j^ an( j ^e same | s hereby, amended by adding thereto the following additional provisions and provisos, to wit : Pro- vided further, That in case a resident pensioner of the United States shall for a period of over six months desert his lawful wife, she being a woman of good moral char- acter and in necessitous circumstances, or, if he have no pen-l aw; f u l wi^ 6 ? shall desert his legitimate minor child or children under sixteen years of age, or his permanently e! helpless and dependent child, the Commissioner of Pen- child, etc. sions is hereby directed, upon being satisfied by competent evidence of such desertion, to cause one-half of the pen- sion due or to become due said pensioner during the con- tinuance of such desertion to be paid to the wife, or in case there is no wife, to the legal guardian of the child state 01 " children: Provided further, That when a soldier or ofSension pSd fc> sailor enters into a State home for soldiers or sailors as wife, minor child, an j nma te thereof, one-half of his pension accruing dur- ing his residence therein shall be paid to his wife, she being a woman of good moral character and in necessitous circumstances, or if there be no wife, then to his child or children under sixteen years of age, or his permanently helpless and dependent child, if any, unless such wife and children shall also be inmates of the same institution or of some home provided for the wives and children of soldiers mate n ofN e ationai an( ^ sa il ors : Provided further, That if any such pensioner ^en?ion n ^d lf to^ s or sna ^ become an inmate of a National Soldiers' Home wife, minor child, one-half of the pension drawn in his behalf or to which he may become entitled during his residence therein shall be paid by the treasurer of that institution to such pen- sioner's wife, she being in necessitous circumstances and a woman of good moral character, or, if there be no wife, to the legal guardian of the minor child or children, or the permanently dependent and helpless child or children of such pensioner, on the order of the Commissioner of pens! PAYMENT OF PENSIONS. 121 mval or military, marine, marine officer, or any other nale person entitled to a pension under any law of the United States, unless it shall be proved and established hat the marriage of such widow to the soldier, sailor, >fficer, marine, or other person on account of whose serv- ce the pension is asked, was duly and legally contracted md entered into prior to the passage of this act, or unless ;uch wife shall have lived and cohabited with such soldier, sailor, officer, marine, marine officer, or other per- son continuously from the date of the marriage to the iate of his death, or unless the marriage shall take place lereafter and prior to or during the military or naval service of the soldier, sailor, officer, marine, or other per- on on account of whose service the pension is asked or burned. This proviso shall not apply to or affect the widow of any soldier, sailor, marine, officer, or marine officer serving or who has served in the war between the Jnited States and the Kingdom of Spain. In all cases the questions of desertion, entrance into a Questions of de- - sertion, etc.. to be iome, necessitous circumstances, and or good moral char- investigated by . r\ ~ . Commissioner of cter shall be ascertained and determined by the Commis- Pensions. ioner of Pensions under such rules and regulations as tie shall prescribe, and the treasurers or governors of the several soldiers' and sailors' homes shall be advised of such action from time to time. is * * Provided further, That hereafter no pen- 18 ^ ct 30 ^"t Jf ions shall be paid upon power of attorney from pen- 27 p' e c ns tons oHor- ioners residing in foreign countries. And provided further, That so much of the 18 4 ct 28 f t at' ourth proviso of an Act entitled " An Act making ap- Repeal 1 'of sropriations for the payment of invalid and other P^JjSmnit ions of the United States for the fiscal year ending residents - Tune thirtieth, eighteen hundred and ninety- four, and :or other purposes," approved March first, eighteen hun- dred and ninety-three, which reads as follows: "That Tom and after July first, eighteen hundred and ninety- hree, no pension shall be paid to a nonresident who is not a citizen of the United States, except for actual disabilities incurred in the service," be and the same is hereby repealed. The fact that one to whom a pension has been granted for wounds or disability received in the military service has not contributed to the funds of the Soldiers' Home sio ^| r 3> 1851> c shall not preclude him from admission thereto. But all |jg sec - 5 v - 9 p - such pensioners shall surrender their pensions to the 122 ARMY AND NAVY PENSIONS. Soldiers' Home during the time they remain therein anc voluntarily receive its benefits. i8sf*22 &tat L 3 ' That any inmate of the Home x who is receiving a pen- ' sion from the Government, and who has a child, wife, o: parent living, shall be entitled, by filing with the pensior agent from whom he receives his money a written direc f Pensions et etc ti n to that effect, to have his pension, or any part of it treasurer paid to paid to such child, wife, or parent. The pensions of al who now are or shall hereafter become inmates of tht Home, except such as shall be assigned as aforesaid, shal be paid to the treasurer of the Home. The money thi derived shall not become a part of the funds of tl Home, but shall be held by the treasurer in trust for tl pensioner to whom it would otherwise have been pai< and such part of it as shall not sooner have been paid tc him shall be paid to him on his discharge from the insti- fuuTn^dSSharge t^tion. The board of commissioners may from time th P homT er fr m t 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 staner 11 mone~ case ^ ^ ne death of any pensioner, any pension money i d e U ai heirs paidt due him and 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. N?va?Home at Whenever any Navy officer, seaman, or marine, entitled navKospS. r to a pension, is admitted to a Navy hospital, the pension, during his continuance in the hospital, shall be paid to the Secretary of the Navy and deducted from the account of such pensioner. i898 Ct 30 sfa? i?' ^ n d whenever any officer, seaman, or marine entitled 37 s'ec' 4813 p R rt s ' ^ a P ens i n i g admitted to the Naval Home at Phila- 'of in- delphia 2 or to a naval hospital, his pension, while he re- mates of Naval Home, Philadel- i The Soldiers' Home at Washington, D. C., was established bj the act Eospitaf pa^dTo 1 of March 3 1851 - Under sec. 4821, R. S., the following persons are Secretary of the entitled to admission : First, every soldier of the United States who served Navy. or may serve honestly and faithfully 20 years in the same. Second, every soldier and every discharged soldier, whether Regular or Volunteer, who has suffered or may suffer by reason of disease or wounds incurred in the service and in the line of his duty, rendering him incapable of further military service, if such disability was not occasioned by his own mis- conduct. Third, the invalid and disabled soldiers, whether Regular or Volunteer, of the War of 1812 and of all subsequent wars. Applications for admission may be obtained from th'e Board of Man- agers of the Soldiers' Home, Washington, D. C. 2 The Naval Home at Philadelphia, Pa., was instituted under the pro- visions of sec. 4810, R. S., and qualifications for admission thereto may be obtained from the Secretary of the Navy, Washington, D. C. PENSION AGENTS AND PAYMENT OF PENSIONS. 123 mains there, shall be deducted from his accounts and paid na vai n smice a to the Secretary of the Navy for the benefit of the from which such home or hospital, respectively, is main- stat - L -> 1024 - tained; and section forty-eight hundred and thirteen of the Revised Statutes of the United States is hereby amended accordingly. All pensions payable or to be paid under this act, to pensioners who are inmates of the National Home for Disabled Volunteer Soldiers 1 shall be paid to the treas- urer or treasurers of said home, upon security given to the Siera' a Home. S l " satisfaction of the managers to be disbursed for the bene- fit of the pensioners without deduction for fines or penal- ties under regulations to be established by the managers of the home, said payment to be made by the pension agent upon a certificate 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 children or in default of either to his legal representatives. ars of pensions payable or to 18 2 % iSt.. L! be paid to pensioners who are or may become inmates of the National Home for Disabled Volunteer Soldiers shall be paid to the treasurers of said home, to be applied by tJeasurerefetc. to such treasurers as provided by law, under the rules and regulations 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 treas- urers 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 pen- sion and pension-moneys they may receive under the i Admission to the National Home for Disabled Volunteer Soldiers is governed by the provisions of sec. 4832 and amendatory acts (act May 16, 1900 ; act Jan. 28, 1901 ; act May 27, 1908 ; act Mar. 4, 1909) and is limited to all honorably discharged soldiers and sailors who served in the Regular or Volunteer forces of the United States in any war, the provisional army authorized by the act of Mar. 2, 1899, in any of the campaigns against hostile Indians or who have served in the Philippines, in China, or in Alaska who are disabled by disease, wounds, or otherwise and who have no adequate means of support, are not otherwise provided for by law, and by reason of such disability are incapable of earning a living. Applications for admission may be obtained from the Board of Managers, National Home for Disabled Volunteer Soldiers, 346 Broadway, New York, N. Y., or from the governor of the nearest branch home. 124 ARMY AND NAVY PENSIONS. aforesaid provision. And section two of the act entitled i8si ct 2i ^ e tat L 6 '**^ n &c ^ m aking appropriations for the payment of in- valid 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 hundred and eighty-one, is hereby revived and continued in force. 32 A sfat ul L 1 ' 1 564 > * * * Hereafter any balance of pension money due c. i55i. Dart. ^ a me mber of the National Home for Disabled Volunteer o 1 } Soldiers at the time of his death shall be paid to his widow, minor children, or dependent mother or father in SmS dearth at t ne or( ^ er named, and should no widow, minor child, or dependent parent be discovered within one year from the time of the death of the pensioner, said balance shall be paid to the post fund of the Branch of said National Home of which the pensioner was a member at the time of his death, to be used for the common benefit of the members of the Home under the direction of the Board of Man agers, subject to future reclamation by the relatives here inbefore designated, upon application filed with th Board of Managers within five years after the pensioner' death. 1910^36 "stat. Hereafter the application of any person for member- sni P in tne National Home for Disabled Volunteer Sol- ? 1 " diers and the admission of the applicant thereunder shall of be an d constitute a valid and binding contract between mat p es r to be f part sucn applicant and the Board of Managers of said home f 'use for post * na t on the death of said applicant while a member of such home, leaving no heirs at law nor next of kin, all personal property owned by said applicant at the time of his death, including money or choses in action held by him and not disposed of by will, whether such property be the proceeds of pensions or otherwise derived, shall vest in and become the property of said Board of Man- agers for the sole use and benefit of the post fund of said home, the proceeds to be disposed of and distributed among the several branches as may be ordered by said Board of Managers, and that all personal property of said applicant shall, upon his death while a member, at once pass to and vest in said Board of Managers, subject to be reclaimed by any legatee or person entitled to take the same by inheritance at any time within five years cants tice to appli " af ter the death of such member. The Board of Managers PENSION AGENTS AND PAYMENT OF PENSIONS. 125 is directed to so change the form of application for membership as to give reasonable notice of this provision to each applicant and as to contain the consent of the applicant to accept membership upon the conditions herein provided. * * Provided, That no part of the foregoing ap- propriations shall be expended for any purpose at any branch of the National Home for Disabled Volunteers that maintains or permits to be maintained on its prem- ises a bar, canteen, or other place where beer, wine, or other intoxicating liquors are sold. 1 State or Territorial homes for disabled soldiers and 31 sailors : For continuing aid to State or Territorial homes |for the support of disabled volunteer soldiers, in con- formity with the act approved August twenty-seventh, eighteen hundred and eighty-eight, 2 including all classes ijof soldiers admissible to the National Home for Disabled I Volunteer Soldiers, one million two hundred thousand: .{Provided, That no part of this appropriation shall be J apportioned to any State or Territorial home that main- tains a bar or canteen where intoxicating liquors are Act Mar. 4, 1911, 36 Stat. L., 1412, c. 285, part. National Home for Disabled Vol- unteer Soldiers, appropriation for. Proviso. Intoxicants. State or Terri- torial homes. 25 Stat. L., 450. Proviso. Intoxicants. 1 Restriction first contained in act June 30, 1906, 34 Stat. L., 749, ,|c. 2914. 2 That all States or Territories which have established, or which shall Act Aug. 27, 'I hereafter establish, State homes for disabled soldiers and sailors of the* 8 * 8 ' 2 |.? tat ' j'*' United States who served in the War of the Rebellion, or in any previ- Disabled sol- ous war, who are disabled by age, disease, or otherwise, and by reason diers and sailors, of such disability are incapable of earning a living, provided such dis-. Ai( * to lability was not incurred in service against the United States, shall be ] paid for every such disabled soldier or sailor who may be admitted and cared for in such home at the rate of one hundred dollars per annum. The number of such persons for whose care any State or Territory | shall receive the said payment under this act shall be ascertained by the Board of Managers of the National Home for Disabled Volunteer Board of Man- Soldiers, under such regulations as it may prescribe, but the said State agers^of ^National or Territorial homes shall be exclusively under the control of the re- ctive State or Territorial authorities, and the Board of Managers shall not have nor assume any management or control of said State or Territorial homes. The Board of Managers of the National Home Inspection, shall, however, have power to have the said State or Territorial homes inspected at such times as it may consider necessary, and shall report the result of such inspections to Congress in its annual report. That the sum of two hundred and fifty thousand dollars, or so much Sec. 2, id. thereof as may be necessary, is hereby appropriated, out of any money in the Treasury not otherwise appropriated, to carry out the provisions of this act, and payments to the States or Territories under it shall Payments, be made quarterly by the said Board of Managers for the National Home for Disabled Volunteers to the officers of the respective States or Terri- tories entitled, duly authorized to receive such payments, and shall be accounted for as are the appropriations for the support of the National Home for Disabled Volunteer Soldiers. 126 ARMY AND NAVY PENSIONS. further, That for any sum or sums col lected in any manner from inmates of such State or Territorial homes to be used for the support of saio; homes a like amount shall be deducted from the aic-' herein provided for, but this proviso shall not appl}[ to any State or Territorial home into which the wive* or widows of soldiers are admitted and maintained. 2 i908 Ct 35'stat L?' That fr m an d after the passage of this Act all pen-li 419, c. 208, part. ' sioners who may be inmates of any soldiers' and sailors f State or Tern- toriai homes, pen- home, or other institution maintained by any State foil sions of inmates 7 * * to be paid direct, the benefit of dependent or other disabled volunteejl soldiers, shall have their respective pensions paid tcl them directly instead of to the treasurer or other officei'] of the home or institution at which they may be respect tively located. 1882^22 stat. L!; GOVERNMENT HOSPITAL, FOR THE INSANE: For cur-ij 32 Thos 4 e 33 entitied rent expenses of the Government Hospital for the Insane : I Gov d e n J i n i m n ent^ or support, clothing, and treatment in the Government j ins s ane al for the Hospital for the Insane of the insane of the Army and Navy, Marine Corps, and Ee venue-Cutter Service, and those committed from the National Homes for Disabled Volunteer Soldiers, and persons charged with or con- victed of crimes against the United States, and of all per- sons who have become insane since their entry into the military or naval service of the United States, and who indigent insane a re indigent, and of the indigent insane of the District Columbia! of Columbia, two hundred and two thousand five hundred dollars; and not exceeding one thousand dollars of this sum may be expended in defraying the expense of tin removal of patients to their friends; and that hereaftei the surplus products and waste material of the hospital may be sold or exchanged for the benefit of the hospital, and proceeds to be used and accounted for the same as ii insane persons other f unds i Provided, That in addition to the persons from N ational ,-,1-1, i -i i , i Home for Dis- now entitled to admission to said hospital, any inmate of soldiers to be ad- the National Home for Disabled Volunteer Soldiers who is now or may hereafter become insane shall, upon an order of the president of the board of managers of the 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 1 Restriction first contained in act Apr. 28, 1904, 33 Stat. L., 504, c. 1762. 2 Restriction first contained in act Mar. 4, 1909, 35 Stat. L., 1012, c. 299. PENSION AGENTS AND PAYMENT OF PENSIONS. 127 ias neither wife, minor child, nor parent dependent on im, in whole or in part, for support, his arrears of pen- sion and his pension money accruing during the period ie shall remain in said hospital shall be applied to his support in said hospital, and be paid over to the proper >fficer of said institution for the general uses thereof. That the proviso in the Act approved August seventh, 19 ^ ct 33 ^ e t ai f, ' dghteen hundred and eighty-two, appearing on page 73 ^ t -| 9 u 3 g 7 1882 ' ; hree hundred and thirty of the Twenty-second Statutes amended. it Large, and relating to pensions of inmates of the Gov- n Spitai r for m the Tnment Hospital for the Insane, is hereby stricken out lnsane - jid the following inserted : " Provided, That in addition to the persons now en- toIdSLSn. 1 * 16 * itled to admission to said hospital, any inmate of the National Home for Disabled Volunteer Soldiers who is low or may hereafter become insane shall, upon an order >f the president of the Board of Managers of the said National Home, be admitted to said hospital and treated herein. During the time that any pensioner shall be an . Pension money J r due inmates nmate of the Government Hospital for the Insane allg^to superin- noney due or becoming due upon his or her pension ihall be paid by the pension agent to the superintendent >f the hospital, upon a certificate by such superintendent hat the pensioner is an inmate of the hospital and is iving, and such pension money shall be by said superin- endent disbursed and used, under regulations to be pre- cribed by the Secretary of the Interior, for the benefit )f the pensioner, and, in the case of a male pensioner, lis wife, minor children, and dependent parents, or, if female pensioner, her minor children, if any, in the )rder named, and to pay his or her board and mainte- lance in the hospital; the remainder of such pension noney, if any, to be placed to the credit of the pensioner tnd to be paid to the pensioner or the guardian of the Densioner in the event of his or her discharge from the lospital ; or, in the event of the death of said pensioner ;vhile an inmate of said hospital, shall, if a female pen-JJ^^ 6 ^ 11 of m- ioner, be paid to her minor children, and, in the case of male pensioner, be paid to his wife, if living ; if no wife urvives him, then to his minor children; and in case here is no wife nor minor children, then the said unex- pended balance to his or her credit shall be applied to Disposition of . f T rru accumulated he general uses of said hospital : Provided further, That funds with treas- . . ' ' urers of national n the case of pensioners transferred to the hospital irom homes on^ trans- he National Home for Disabled Volunteer Soldiers, any Government J Hospital for the Insane. 128 ARMY AND NAVY PENSIONS. pension money to his credit at said Home at the time of his said transfer shall be transferred with him to said hospital and placed to his credit therein, to be expended as hereinbefore provided ; and in case of his return from said hospital to the Home, any balance to his credit at said hospital shall, in like manner, be transferred to said Home, to be expended in accordance with the rules estab- lished in regard thereto. This provision shall also be applicable to all unexpended pension money heretofore paid to the officers of the said hospital on account oi pensioners who were but are not now inmates thereof.' i906 Ct 34 J sta e t. L' ^-11 moneys belonging to deceased inmates of the Gov- 78 Se'i?it^cf enmi611 * Hospital for the Insane and deposited in the & en dSeas?d 0n T- Treasur y b y tne superintendent as agent prior to Feb- r ates voi. 33, ea p~ ruar y twentieth, nineteen hundred and five, shall, if un- 73 c'overed i n t o claimed by the legal heirs of such inmate within the five as 5 !Ss a if ft iSi-P er i 0( i f fi ye years from the date of the passage of this claimed. ^-.^ fa covered into the Treasury, and all moneys sc deposited by the superintendent as agent after February twentieth, nineteen hundred and five, and belonging tc inmates who have died since that time, or may hereaftei die, shall likewise be covered into the Treasury unless claimed by his or her legal heirs within five years from I the death of the inmate. And the superintendent of the Government Hospital for the Insane is hereby authorized and directed^ under such regulations as may be prescribed I by the Secretary of the Interior, to make diligent inquiry I in every instance after the death of an inmate to ascertair I the whereabouts of his or her legal heirs. Claims may be presented hereunder at any time, and when established by competent proof in any case not more than five years after the death of an inmate shall be certified to Congress for consideration. 35 A staf eb L 2>1 592' That section forty-eight hundred and thirty -nine of th< 1 c 'Iec S 4839'R s R ey i se( l Statutes be, and the same is hereby, amended s< ' to read aS Allows: in s s ane al for *** " ^ EC - 4839 The chief executive officer of the Govern- ment Hospital for the Insane shall be a superintendent who shall be appointed by the Secretary of the Interior shall be entitled to a salary of four thousand dollars 8 1 year, and shall give bond for the faithful performance oj his duties in such sum and with such securities as maj be required by the Secretary of the Interior. The super- intendent shall be a well-educated physician^ possessing PENSION AGENTS AND PAYMENT OF PENSIONS. 129 competent experience in the care and treatment of the insane; he shall reside on the premises and devote his whole time to the welfare of the institution; he shall, subject to the approval of the board of visitors, appoint a responsible disbursing agent for the institution, who agent-* bond 8 ; l $& shall give a bond satisfactory to the Secretary of the In- t terior, and the said superintendent shall engage and dis- charge all needful and useful employees in the care of the insane and all laborers on the farm and determine their wages and duties ; he shall also be an ex officio secretary of the board of visitors. The said disbursing agent, under the direction of the superintendent, shall have the custody of and pay out all moneys appropriated by Con- gress for the Government Hospital for the Insane, or otherwise received for the purposes of the hospital, and all moneys received by the superintendent in behalf of the hospital or its patients, and keep an accurate account or accounts thereof. The said disbursing agent shall de- fu ^. p s * t f posit in the Treasury of the United States, under the di- rection of the superintendent, all funds now in the hands jof the superintendent or which may hereafter be in- trusted to him by or for the use of patients, which shall [be kept in a separate account; and the said disbursing c j|gj arate ^ agent is authorized to draw therefrom, under the direc- |tion of the said superintendent, from time to time, under >uch regulations as the Secretary of the Interior may (prescribe, for the use of such patients, but not to exceed for any one patient the amount intrusted to the superin- tendent on account of such patient. During the time of that any pensioner shall be an inmate of the Government mates - Hospital for the Insane, all money due or becoming due upon his or her pension shall be paid by the pension agent |to the superintendent or disbursing agent of the hos- >ital, upon a certificate by such superintendent that the tfisioner is an inmate of the hospital and is living, and ich pension money shall be by said superintendent or isbursing agent disbursed and used, under regulations be prescribed by the Secretary of the Interior, for the iefit of the pensioner, and, in case of a male pensioner, ds wife, minor children, and dependent parents, or, if a jmale pensioner, her minor children, if any, in the order tamed, and to pay his or her board and maintenance in iie hospital, the remainder of such pension money, if any, be placed to the credit of the pensioner and to be paid :o the pensioner or the guardian of the pensioner in the jvent of his or her discharge from the hospital; or, in 8001 12 10 130 ARMY AND NAVY PENSIONS. the event of the death of said pensioner while an inmate of said hospital, shall, if a female pensioner, be paid to der^of* pension) * ier m i nor children, and, in the case of a male pensioner, etc - be paid to his wife, if living ; if no wife survives him, then to his minor children .; and in case there is no wife nor minor children, then the said unexpended balance to his or her credit shall be applied to the general uses of Transfer of bai sa ^ hospital : Provided, That in the case of any pen- ances, etc., from gioner transferred to the hospital from the National Volunteer S o 1 - dier's Home. Home f or Disabled Volunteer Soldiers, any pension money to his credit at said home at the time of his said transfer shall be transferred with him to said hospital and placed to his credit therein, to be expended as herein- before provided, and in case of his return from said hospital to the home any balance to his credit at said | hospital shall in like manner be transferred to said home, to be expended in accordance with the rules established in regard thereto, and this provision shall also be appli- cable to all unexpended pension money heretofore paid to the officers of said hospital on account of pensioners who were but are not now inmates thereof." That all provisions of law inconsistent with this act are hereby repealed. That from and after the twenty-eighth day of Septem- c ' Accrued en ^ r ' e ighteen hundred and ninety-two, the accrued pension towhom aid and ^ ^ ne date ^ the death of any pensioner, or of any per- son entitled to a pension having an application therefor pending, and whether a certificate therefor shall issue prior or subsequent to the death of such person, shall, in the case of a person pensioned, or applying for pension, on account of his disabilities or service, be paid, first, to his widow; second, if there is no widow, to his child or children under the age of sixteen years at his death ; third, in case of a widow, to her minor children under the age of sixteen years at her death. Such accrued pension shall estate ^^ f no ^ ^ e cons idered a part of the assets of the estate of such deceased person, nor be liable for the payment of the debts of said estate in any case whatsoever, but shall inure to the sole and exclusive benefit of the widow or children. And if no widow or child survive such pensioner, and in the case of his last surviving child who was such minor at his death, and in case of a dependent mother, father, sister, or brother, no payment whatsoever of their ac- ment expenses 8 5 crue d pension shall be made or allowed except so much and as ma y ke necessary to reimburse the person who bore the PENSION AGENTS AND PAYMENT OF PENSIONS. 131 expense of their last sickness and burial, if they did not leave sufficient assets to meet such expense. And the mailing of a pension check, drawn by a pension agent in payment of a pension due, to the address of a pensioner, shall constitute payment in the event of the death of a , pensioner subsequent to the execution of the voucher therefor. And all prior laws relating to the payment of ^Q laws re ~ accrued pension are hereby repealed. That hereafter the settlement of all claims for the ^} *** 4 OO olo-t. -L/.j luOo, reimbursement of expenses of the last sickness and burial c - 302 P 811 - of deceased pensioners shall be under the direction of the pens?ons S tose e tt?e Commissioner of Pensions. 1 b ursement * and no part of any accrued pension shall hereafter be used to remimburse anw State, county, or municipal corporation for expenses incurred by such State, county, or municipal corporation under State law ^e 6 ^?^ for expenses of the last sickness or burial of a deceased JJSJjf pal corpo ~ pensioner. * * * The failure of any pensioner to claim his pension for uosme?pra- three years after the same shall have become due shall ^ ons; dis P osition be deemed presumptive evidence that such pension haSj^ legally terminated by reason of the pensioner's death, 574 - remarriage, recovery from the disability, or otherwise, Sand 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 en- titled to receive the accrued pension, accompanied by evi- dence 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 disability. No sum of money due, or to become due, to any pen- sioner, shall be liable to attachment, levy, or seizure byJJSlt. 40 attach " or under any legal or equitable process whatever, whether i^iT^stat^L.', the same remains with the Pension-Office, or any officer f^^ ItaTiS or agent thereof, or is in course of transmission to the fj^ 6 ^ stat, l3 il! pensioner entitled thereto, but shall inure wholly to the 303 ' benefit of such pensioner. 1 Reimbursement claims were formerly settled in the Treasury Depart- ment, jurisdiction over them having been conferred on the Commissioner of Pensions by this act. Chapter IX. MISCELLANEOUS STATUTES, AND TABLES OF RATES. SBC. 4715, R. S. Two pensions not allow- able ; right of election. SEC. 4720, R. S. Pensions under special acts of Congress. ACT JUNE 6, 1874. Special act pensions equalized. ACT JULY 25, 1882. Pension under special act not to be additional to that allowed by general law unless the act specifically grants an additional pension. ACT MAR. 4, 1909. Additional pension granted by a special act to a widow or guardian on account of a helpless child not to affect the rate of pension to which the widow may be entitled inde- pendent of the additional allowance. RESOLUTION MAY 29, 1830. Report to be made to Congress in case of meritorious claim not provided for by existing law. JOINT RESOLUTION FEB. 1, 1884. Detail of clerks from Pension Office to the pen- sion committees of the House of Repre- sentatives. SEC. 4716, R. S. Disloyalty bar to pension. ACT AUG. 1, 1892. Pensions to certain soldiers and sailors allowed, although they had engaged in the rebellion. JOINT RESOLUTION JULY 1, 1902, SEC. 1. Limitation of section 4716, R. S., as to disloyalty removed in certain cases. SEC. 4724, R. S. Both pension and pay not allowed unless, etc. ACT AUG. 29, 1890, AND ACT MAR. 3, 1891. Pensions not allowed to persons on the active or retired list of the Army, Navy, or Marine Corps. ACT MAY 27, 1908. Pensions not allowed to persons in the Revenue-Cutter Service. ACT DEC. 21, 1893. Pensions not to be withheld or suspended until after notice. SEC. 4733, R. S. Continuance of pension to certain persons. SEC. 4734, R. S. Pensions not to be with- held for debts due the United States. SEC. 224, R. S. Certificate of service in Army, given in lieu of lost discharge, not to be accepted as evidence. ACT MAY 15, 1886. Discharges to be issued to members of the Missouri Home Guards. ACT JUNE 25, 1910. Secretary of War and Secretary of the Navy authorized to issue certificates of discharge, etc., in true names of such persons as enlisted or served under assumed names, etc. SBC. 4749, R. S. Certain soldiers and sailors not to be deemed deserters. ACT AUG. 14, 1888. Relieving certain ap- pointed and enlisted men of the Navy and Marine Corps from the charge of desertion. ACT MAY 24, 1900. Removing limitation as to time of filing claims under act Aug. 14, 1888. ACT MAR. 2, 1889. Charges of desertion re- moved from the records of certain volun- teer soldiers. ACT MAR. 2, 1891. Amending act Mar. 2, 1889, as to minor's discharge by order of court. ACT JULY 27, 1892. Extending limitation as to time of filing applications under the act of Mar. 2, 1889. ACT MAR. 2, 1895. Removing limitation as to time of filing applications under the act of Mar. 2, 1889. ACT APRIL 26, 1898. Desertion from the army in time of war forfeits pensionable rights. ACT MAY 11, 1908. Desertion from the army forfeits pensionable rights. JOINT RESOLUTION FEB. 27, 1911. Modi- fying certain laws relating to the mili- tary records of certain soldiers and sail- ors so as to permit the allowance of pensions. SEC. 4701, R. S. Date when service termi- nates. JOINT RESOLUTION JULY 1, 1902, SEC. 2. As to final honorable discharge from the War of the Rebellion. JOINT RESOLUTION JUNE 28, 1906. Extend- ing the provisions of section 2, joint reso- lution of July 1, 1902. ACT APR. 22, 1898, SEC. 12. Status of Spanish War volunteers in respect to pension rights. ACT MAY 28, 1896. Merchant-marine serv- ice, persons serving therein liable to draft in time of war, and entitled to pen- sions for wounds received. ACT MAR. 1, 1879. Pensioners in civil service, may be paid pension. TABLES OF RATES. 138 134 AEMY AND NAVY PENSIONS. Two 471 ensions Nothing i n this Title shall be so construed as to allow sec2Mar 3 more than one pension at the same time to the same 573\i 7 sl ta 4 t 'and > P erson > or ^ P ersons entitled jointly; but any pensioner! i2'stat y L' 1 6OT :W ^ 1 sna U so elect may surrender his certificate, and re-| flee 14 s J tat 6 L 6 ' ce ^ ve ' * n ^ eu thereof, a certificate for any other pension] itwhAtSfiJi* wn i cn ne would have been entitled had not the sur-j m rendered certificate been issued. But all payments pre-i viously made for any period covered by the new certifi-| cate shall be deducted from the amount allowed by such I certificate. under When the rate, commencement, and duration of a pen- ,ar. 3, s ^ on a Uwed by special act are fixed by such act, they [ 57?'sec. S i5 at July sna ^ no ^ ^ e subject to be varied by the provisions and L.', 1 ^; ^^'limitations of the general pension-laws, but when not stlt. L!, m ' ^thus fixed the rate and continuance of the pension shall ment, act^uneV^ 6 su ^J ec t to variation in accordance with the general laws, and its commencement shall date from the passage au^^t^nSSs^ tne special act 5 and the Commissioner of Pensions shall, ?raud! lspectedu P on satisfactory evidence that fraud was perpetrated in obtaining such special act, suspend payment thereupon until the propriety of repealing the same can be consid- ered by Congress. islftatlTfeifc! That all persons entitled to pensions under special acts 21 I'ee sec. 4720, fixing the rate of such pensions^ and now receiving or R speciai-act pen- en titled to receive a less pension than that allowed by the sions equalized. g enera j pension 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 laws relating to pensions," approved 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. i8ffl Bt 22 J sSt L 5 ' That no person who is now receiving or shall hereafter 176,0.349, sec. 5! receive a pension under a special act shall be entitled to Pension under . . ,. . special act not to receive in addition thereto a pension under the general be in addition to that allowed by l aw unless the special act expressly states that the pen- general law, ex- ^ , , *\ . J . f. , certainsoMiefs No soldier or sailor shall be taken or held to be a de- ^SSSd^serter from the Army or Navy who faithfully served ac- 8e Act 8 ' July 19, cording to his enlistment until the nineteenth day of 1867, is stat. L., April, eighteen hundred and sixty-five, and who, with- out proper authority or leave first obtained, quit his com- mand or refused to serve after that date; but nothing herein contained shall operate as a remission of any MISCELLANEOUS STATUES, AND TABLES OF KATES. 139 orfeiture incurred by any such soldier or sailor of his >ension; but this section shall be construed solely as a emoval of any disability such soldier or sailor may have acurred by the loss of his citizenship in consequence of is desertion. 1 That the charge of desertion now standing on the rolls i&^^stai. i^ nd records of the Navy or Marine Corps against any^e'sTrt^on', ppointed or enlisted men of the Navy or Marine Corps c a r ps. or Marme vho served in the late war may, in the discretion of the ecretary of the Navy, be removed in all cases where it hall be made to appear to the satisfaction of the Secre- ary of the Navy, from such rolls and records or from ther satisfactory evidence, that any such appointed or nlisted man served faithfully until the expiration of is term of enlistment, or until the first day of May Anno Domini eighteen hundred and sixty-five, having previ- usly served six months or more, or was prevented from ompleting his term of service by reason of wounds re- eived or disease contracted in the line of duty, but who, >y reason of absence from his command at the time he Became entitled to his discharge, failed to be mustered ut and to receive a discharge from the service: Pro- ided, That no such appointed or enlisted man shall be elieved under this section who, not being sick or wounded, left his command, without proper authority, vhile the same was in presence of the enemy. That the Secretary of the Navy is hereby authorized charge 1 ^, how o remove the charge of desertion standing on the rolls to be removed - r records of the Navy or Marine Corps against any ppointed or enlisted man of the Navy or Marine Corps yho served in the late war, in all cases where it shall >e made to appear, to the satisfaction of the Secretary f the Navy, from such rolls or from other satisfactory vidence, that such appointed or enlisted man charged pith desertion or with absence without leave, after such harge of desertion or absence without leave, and with- n a reasonable time thereafter, voluntarily returned to nd served in the line of his duty until he was mustered out of the service, and received a certificate of discharge therefrom, or, while so absent, and before the expiration of his term of enlistment, died from wounds, injury, or disease received or contracted in the service and in the line of duty. 1 See Sec. 2, joint resolution, July 1, 1902, and joint resolution, June 28, 1906., p. 146. 140 ARMY AND NAVY PENSIONS. vious service. certificate That the charge of desertion now standing on the roll or records of the Navy or Marine Corps against an appointed or enlisted man of the Navy or Marine Corp who served in the late war, by reason of his having listed at any station or on board of any vessel of th Navy without having first received a discharge fror the station or vessel in w r hich he had previously servec shall be removed in all cases wherein it shall be mad to appear to the satisfaction of the Secretary of th Navy from such rolls and records, or from other satis factory testimony, that such reenlistment was not mad for the purpose of securing bounty or other gratuity tha he would not have been entitled to had he remained unde his orginal term of enlistment : Provided, That no ap pointed or enlisted man shall be relieved under this ac who, not being sick or wounded, left his command with out proper authority while the same was in presence o:| the enemy, or who, at the time of leaving his command was in arrest or under charges, or in whose case th< period of absence from the service exceeded three months of That in all cases where the charge of desertion shal be removed under the provisions of this act from th( record of any appointed or enlisted man of the Navy 01 Marine Corps who has not received a certificate of dis charge it shall be the duty of the Secretary of the Navj to issue to such appointed or enlisted man, or in case his death, to his heirs or legal representatives, a certificate of discharge. That when the charge of desertion shall be remove< ty;ttiose entitled, under the provisions of this act "from the record of an; appointed or enlisted man of the Navy or Marine Corps such man, or, in case of his death, the heirs or legal repi sentatives of such man, shall receive all pay and bounty which may have been withheld on account 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 man as may be entitled to relief under the provisions of this act, or, in case of his death, to the heirs or legal representatives of any such man, the right to receive pay and bounty for any period of time during which such man was absent from his command without leave of Period of less absence: And provided further, That no appointed or en- than six months' . ^ service not enti- listed man, nor the heirs or legal representatives of any such man, who served in the Navy or Marine Corps a period of less than six months shall be entitled to the sec. 5, id. Pay and boun- o. sso, sec. 24, ' Ma ' MISCELLANEOUS STATUES, AND TABLES OF KATES. 141 nefit of the provisions of this act: And provided fur- r, That all applications for relief under this act shall made to and filed with the Secretary of the Navy Limitation. 'Pjftdthin the period of five years from and after its passage, and all applications not so made and filed within the said ;erm of five years shall be forever barred, and shall not 1t>e received or considered. That all acts and parts of acts inconsistent with the )rovisions of this act are hereby repealed. That chapter eight hundred and ninety, volume twenty - ive, of the United States Statutes at Large, entitled 'An Act to relieve certain appointed or enlisted men of ;he Navy and Marine Corps from the charge of deser- ion," approved August fourteenth, eighteen hundred md eighty-eight, be, and the same is hereby, revived eenacted. That section five of the said act be, and is hereby, so sec.2,id. ,. . . ' . . , . i i Limitation as to imended as to remove the limitation of time within which filing claims re- ipplications for relief may be received and acted upon mder the provisions of said act. That the charge of desertion now standing on the rolls 18 ^ 9 f 25 f t a a r t. L 2 .! md records in the office of the Adjutant General of the 86 ^ Dnited States Army against any soldier who served in: ;he late war in the volunteer service shall be removed in ill cases where it shall be made to appear to the satis- faction of the Secretary of War, from such rolls and records, or from other satisfactory testimony, that such soldier served faithfully until the expiration of his term f enlistment, or until the first day of May, anno domini ighteen hundred and sixty-five, having previously served six months or more, and, by reason of absence from his command at the time the same was mustered out, failed be mustered out and to receive an honorable discharge, or that such soldier absented himself from his command, or from hospital while suffering from wounds, injuries, or disease received or contracted in the line of .duty and was prevented from completing his term of enlistment r reason of such wounds, injuries, or disease. That the Secretary of War is hereby authorized to re- move the charge of desertion from the record of any reg- proof ' ular or volunteer soldier in the late war upon proper pplication therefor, and satisfactory proof in the fol- lowing cases: First. That such soldier, after such charge of desertion Returntodut y- was made, and within a reasonable time thereafter, vol- v lun " 142 ARMY AND NAVY PENSIONS. untarily returned to his command and served faithfulb to the end of his term of service, or % until discharged. Second. That such soldier absented himself from hi: command or from hospital while suffering from wounds injuries, or disease received or contracted in the line o: duty, and upon recovery voluntarily returned to his command and served faithfully thereafter, or died fron such wounds, injuries, or disease while so absent, and be fore the date of muster out of his command, or expiratior of his term of service, or was prevented from so return ing by reason of such wounds, injuries, or diseases before such muster out or expiration of service, order Third. That such soldier was a minor, and was enlistee without the consent of his parent or guardian, and was i89r2 a 6 C ltet a . r L 2 ,' released or discharged from such service by the order 01 decree of any court of competent jurisdiction on habea corpus or other proper judicial proceedings; and in an} such case no pay, allowance, bounty, or pension shall b< allowed or granted. Removal of That the charge of desertion now standing on the rolls dte a r r feeni&? 01 " and records in the office of the Adjutant General of the Army against any regular or volunteer soldier whc served in the late war of the rebellion by reason of his having enlisted in any regiment, troop, or company, or ir the United States Navy or Marine Corps, without having first received a discharge from the regiment, troop, 01 company in which he had previously served, shall be re- moved in all cases wherein it shall be made to appear tc the satisfaction of the Secretary of War, from such rolls and records, or from other satisfactory testimony, that such reenlistment was not made for the purpose of secur- ing bounty or other gratuity that he would not have beer entitled to, had he remained under his original term of en- Limitation. listment; that the absence from the service did not exceed four months; and that such soldier served faithfully under his reenlistment. Return 1 to duty That whenever it shall appear from the official records without trial, etc. in the office of the Ad j utant General, United States Army, that any regular or volunteer soldier of the late war was formally restored to duty from desertion by the Commander competent to order his trial for the offense, or, having deserted and being charged with desertion, was, on return to the service, suffered, without such for- mal restoration, to resume his place in the ranks of his command, serving faithfully thereafter until the expira- MISCELLANEOUS STATUES, AND TABLES OF KATES. 143 war applica " (ion of his term, such soldier shall not be deemed to rest inder any disability because of such desertion in the jrosecution of any claim for pension on account of dis-Jj^f pension ,sase contracted or wounds or injuries received in the line )f his duty as a soldier. That when the charge of desertion shall be removed p e ay ld 'and ider the provisions of this act from the record of any bount7< ^oldier, such soldier, or, in case of his death, the heirs >r legal representatives of such soldier, shall receive the |>ay and bounty due to such soldier: Provided, however, w ]Jn e "hat this act shall not be so construed as to give to any ^thou* leave. [uch soldier, or, in case of his death, to the heirs or legal ipresentatives of any such soldier, any pay, bounty, or illowance for any time during which such soldier was ibsent from his command without proper authority ; nor ^hall it be so construed as to give any pay, bounty, or illowance to any soldier, his heirs or legal representa- [ives, who served in the Army a period of less than six tenths. That the Secretary of War be, and he hereby is, author- '' zed and directed to amend the military record of any poldier who enlisted for the war with Mexico, upon >roper application, where the rolls and records of the Adjutant General's office show the charge of desertion gainst him, when such rolls and records show the facts it out in the following cases : First : That said soldier served faithfully the full term .J^gth of serv- >f his enlistment, or having served faithfully for six nonths or more, and until the fourth day of July anno lomini eighteen hundred and forty-eight, left his corn- land without having received a discharge. Second. That such soldier, after said charge of de- tu untary re " irtion was entered on the rolls, voluntarily returned to us command within a reasonable time and served faith- ! ully until discharged. That the provisions of this act shall not be so con- strued as to relieve any soldier from the charge of de- sertion who left his command from disaffection or dis- loyalty to the Government, or to evade the dangers and hardships of the service, or whilst in the presence of the 'nemy (not being sick or wounded), or while in arrest or under charges for breach of military duty, or in case of a soldier of the Mexican War, who did not actually reach :he seat of war. 144 ARMY AND NAVY PENSIONS. Muitar id record That when such charge of desertion is removed undei h on r o e r C abfe dis*- ^ e provisions f this act, the soldier shall be restored tc charge issued. a status of honorable service, his military record shall b( corrected as the facts may require, and an honorable dis charge shall be issued in those cases where the soldier ha* received none; and he shall be restored to all his right* Pensions. as to pension, pay, or allowances as if the charge of deser tion had never been made; and in case of the death 01 said soldier, his widow or other legal heir shall be en titled to the same rights as in case of other deceased hon NO pay while or ablv discharged soldiers : Provided. That this act shal absent. not be construed to give to any soldier, or his legal repre sentatives or heir, any pay or allowance for any perioc of time he was absent without leave, and not in the per formance of military duty. That all applications for relief under this act shall b . ma( j e to and filed with the Secretary of War within th | period of three years from and after July first, eighteer i895, a 28 d stat. r *L 2 ; hundred and eighty-nine, and all applications not s made and filed within said term of three years shall b forever barred, and shall not be received or considered. Repe3f. ld * That all acts and parts of acts inconsistent with th provisions of this act are hereby repealed. i8w c< 26 &tat. I, 2 ,' That subdivision three of section two of the above en 824, c. 498. titled act be, and the same is, amended so as to read a* follows : ordlr " Third. That such soldier was a minor, and was en listed without the consent of his parent or guardian, anc was released or discharged from such service by the ordei or decree of any State or United States court on habeas corpus or other judicial proceedings, and in such case suet soldier shall not be entitled to any bounty or allowance or pay for any time such soldier was not in the perform ance of military duty." iswfwfififc il; That section nine of the act for the relief of certair 27 Desert?on. volunteer and regular soldiers of the late war and th< 9! war with. Mexico, passed March second, anno Domini eighteen hundred and eighty-nine, be, and the same is Limitation as hereby, so amended as to extend the time for the limita to filing applica- J ' . ,. tion for removal, tion of the operation of said section for the period of tw( years from the first of July, eighteen hundred and ninety two. is4 ct 28 &tat L 2 ' That section nine of the act for the relief of certair 81 De^ertion volunteer and regular soldiers of the late war and the war with Mexico, approved March second, eighteen hun- MISCELLANEOUS STATUES, AND TABLES OF KATES. 145 and eighty-nine, be, and the same is hereby, so amended as to remove the limitation of time within which niu^cfa^ms re- applications for relief may be received and acted upon moved - under the provisions of said act. 1 That in time of war the pay proper of enlisted men ig^faoltat 6 ' shall be increased twenty per centum over and above the ^^sertiorf ' in rates of pay as fixed by law : Provided, That in war time jyjjf pension. f r " no additional increased compensation shall be allowed to soldiers performing what is known as extra or special , duty: Provided further, That any soldier who deserts shall, besides incurring the penalties now attaching to ;he crime of desertion, forfeit all right to pension which le might otherwise have acquired. That section six of the act entitled "An act for the t ^ ct u K *y l l > 1908, 35 btat. iv., >etter organization of the line of the Army of the United 110 > c - 163 > P art - States," approved April twenty-sixth^ eighteen hundred md ninety-eight, be amended so as to read as follows : " SEC. 6. That any soldier who deserts shall, besides Penalty for de- J . sertion. ncurrmg the penalties now attaching to the crime of iesertion, forfeit all right to pension which he might otherwise have acquired." That nothing herein contained shall be construed so as Present pay, etc., not reduced. ,o reduce the pay or allowances now authorized by law for any officer or enlisted man of the Army ; and all laws ?r parts of laws inconsistent with the provisions of this R epeai. ict are hereby repealed. That in all laws approved during the Sixty-first Con- Fe^^i^n!? *ress having for their object the removal of disabilities public resolution accruing from defective records in the military or naval 13 service of the United States, the words "Provided, That, other than as above set forth, no bounty, pay, pension, record of certain ,, , , ,, . .soldiers and sail- or other emolument shall accrue prior to or by reason of ors. the passage of this Act " shall not prohibit or prevent the granting of a pension on an application made after the approval of this Act, and accruing only from the date of said application. The period of service of all persons entitled to the f> e att' 01 whe S n >enefits of the pension-laws, or on account of whose Ss . 6 death any person may become entitled to a pension, shall i873^i7 7 'stat. r 'L 3 ' )e construed to extend to the time of disbanding the or- f^ ganization to which such persons belonged, or until their 57 ' 1 Prior laws as to removal of the charge of desertion standing against Volunteers and Regulars serving during the Civil War were enacted Aug. 7, 1882, 22 Stat. L., 347 ; July 5, 1884, 23 Stat. L., 119 ; and May 17, 1886, 24 Stat. L., 51, and reenacted in act Mar. 2. 1889. 8001 12 11 146 ARMY AND NAVY PENSIONS. actual discharge for other cause than the expiration of'the service of such organization. ju Joint ^solution That ^ the ^ministration of the pension laws any nc a re^oiSn^ l 42; enlisted man of the Army, including regulars, volun- teers, and militia, or any appointed or enlisted man of the dischar 1 ?" ^^^ 3 ^^ or Marine Corps, who was honorably discharged ems, provided- f rO m the last contract of service entered into by him dur- ing the late war of the rebellion, shall be held and consid- ered to have been honorably discharged from all similar contracts of service previously entered into by him with e United States during said war: Provided, That such etc> ' te enlisted or appointed man served not less than six months under said last enlistment or appointment, that his entire service under said last enlistment or appointment was faithful, and that he did not receive by reason of said last enlistment or appointment any bounty or gratuity other j than from the United States in excess of that to which he would have been entitled if he had continued to serve faithfully until honorably discharged under any contract of service previously entered into by him, either in the Army, Navy, or Marine Corps, during the war of the rebellion. Th at section two of joint resolution approved July stat. L., 836, NO. fi rs f^ nineteen hundred and two, be amended to read as Disability, etc., f ]| o q . pensions. Eflect 2 'o p f' aSai " SEC. 2. That in the administration of the pension laws cha? g e. rabledis ~ an y enlisted man or commissioned officer of the Army, oflf ce : Js mded to including regulars, volunteers, and militia, or any ap- amended.' p ' 75 ' pointed or enlisted man or commissioned officer of the Navy or Marine Corps, who was honorably discharged from any subsequent contract of service entered into by him during the late war of the rebellion, shall be held and considered to have been honorably discharged from all previous contracts of service as commissioned officer or enlisted man previously entered into by him with the subsequent en- United States during said war: Provided, That such ustments, etc. enlisted or appointed man or commissioned officer served not less than six months under any subsequent enlist- ment, appointment, or commission ; that his entire service under any said subsequent enlistment, appointment, or commission was faithful, and that he did not receive by reason of said enlistment, appointment, or commission any bounty or gratuity other than from the United States in excess of that to which he would have been entitled MISCELLANEOUS STATUES, AND TABLES OF KATES. 147 if he had continued to serve faithfully until honorably discharged under any contract of service previously entered into by him, either in the Army, Navy,, or Marine Corps, during the war of the rebellion. That all officers and enlisted men of the Volunteer 1c 4 ct 4? r ; ? 2 ' loVfo, oU btSt. .Lrf., Army, and of the militia of the States when in the service the United States, shall be in all respects on the same}2 rs War footing as to pay, allowances, and pensions as that of officers and enlisted men of corresponding grades in the Kegular Army. No master, mate, pilot, or engineer of steam -- ct ^ ay - 8j L., vessels licensed under title fifty-two of the Revised Stat- paV' 255> sec ' 2 ' ites shall be liable to draft in time of War, except ior rine e s^dce." ma " ;he performance of duties such as required by his license; q/steam S ve 3 and, while performing such duties in the service of the S%f war?" m Jnited States, every such master, mate, pilot, or engineer shall be entitled to the highest rate of wages paid in the nerchant marine of the United States for similar serv- ces; and if killed or wounded while performing such w ^Jj. oned for duties under the United States, they, or their heirs, or heir legal representatives shall be entitled to all the privileges accorded to soldiers and sailors serving in the Army and Navy, under the pension laws of the United States. That all persons who, under and by virtue of the first 18 f 9 f 2 o ftS L 1 ' section of the act entitled "An act supplementary to the 32 p e nsioners m several acts relating to pensions," approved March third, to^payrSni b S ighteen hundred and sixty-five, were deprived of their moved! n re " tensions during any portion of the time from the third s^Sf^ia'ltat of March, eighteen hundred and sixty-five, to the sixth j'une^'S, u of June, eighteen hundred and sixty-six, by reason of f^J; R'/s. 57 ' S00 ' heir being in the civil service of the United States, shall >e paid their said pensions, withheld by virtue of said section of the act aforesaid, for and during the said period of time from the third of March, eighteen hun- dred and sixty-five, to the sixth of June, eighteen hun- Ired and sixty-six. 148 ARMY AND NAVY PENSIONS. TABLES OF RATES. TABLE I. For simple total (a disability equivalent to the anchylosis of a ivrist) provided ~by section 4695, Revised Statutes, United States. ARMY. Per month. Lieutenant-colonel and all officers of higher rank $30.00 Major, surgeon, and paymaster 25.00 Captain, provost-marshal, and chaplain 20. 00 First lieutenant, assistant surgeon, deputy provost-marshal, and quarter- master 17. 00 Second lieutenant and enrolling officer 15. 00 All enlisted men _ 8.00 NAVY AND MARINE CORPS. Captain, and all officers of higher rank, commander, lieutenant-command- ing, and master commanding, surgeon, paymaster, and chief engineer ranking with commander by law, lieutenant-colonel, and all of higher rank in Marine Corps 30.00 Lieutenant, passed assistant surgeon, surgeon, paymaster, and chief engineer ranking with lieutenant by law, and major in Marine Corps_ 25. 00 Master (now lieutenant), professor of mathematics, assistant surgeon, paymaster, and chaplain, and captain in Marine Corps 20. 00 First lieutenant in Marine Corps 17. 00 First assistant engineer, ensign, and pilot, and second lieutenant in Marine Corps 15.00 Cadet midshipmen, passed midshipmen, midshipmen (now ensigns), clerks of admirals, of paymasters, and of officers commanding vessels, second and third assistant engineers, master's mate, and warrant officers 10.00 All enlisted men, except warrant officers 8. 00 MISCELLANEOUS STATUES, AND TABLES OF BATES. 149 s : : 8 i i 1 j i Seventy-two dollars from June 17, 1878, only where the rate was $50, under act of June 18, 1874, and granted to date prior to June 16, 1880. First grade proper is $50, amended by act March 4, 1890, which increases rate to $72. a c* ^S I " H :8 : :g :S i :S 88 8 O CO tf g :? 8 8 88 8 $% S-co i j j j 8 3 "** 8 Ijl g ; : ; l| $100.00 S^oo 8 i E'* ' 88 88 8 88 I|l j j i geo~ . 8 8 S! CO 88 i 8 CO lii S I t-9 8E -! ,-1 8 i ?88 8 88 888 - cd" Hj ^ i 8 JS 8 i 8 ii2 ^ 8 888; 8 8 888 I|l i s I|i ss as 8 i 8 j Disabilities At ll 'o'c li Loss of sight of both eyes Loss of sight of one eye, the sight of the other having been lost before enlistment . . Loss of one hand and one foot. Loss of a hand or a foot Loss of an arm at or above the elbow or a leg at or above tho L-noo ijjtlsl Loss of leg at hip joint Loss of an arm at shoulder ilJ'S a ij&a A ! 'o o o o lity inarm or leg., quivalent to the nd or a foot (third Incapacity to perform manual labor (second grade) Regular aid and attendance (first grade) i Frequent and periodical, not constant, aid and attend- ance (intermediate grade)... Tnt.nl dpnfnpe payable to bearer and be not made by any corpora- ion, unless such suit might have been prosecuted in such ;ourt to recover upon said note or other chose in action f no assignment had been made: Provided, however, That the foregoing provision as to the sum or value of he matter in controversy shall not be construed to apply o any of the cases mentioned in the succeeding para- graphs of this section. Second. Of all crimes and offenses cognizable under he authority of the United States. When any offense against the United States is begun n one judicial district and completed in another, it^ ihall be deemed to have been committed in either, and angJJ*!^ ^ oCC. /olj xv* n. nay be dealt with, inquired of, tried, determined, and punished in either district, in the same manner as if it lad been actually and wholly committed therein. All pecuniary penalties and forfeitures may be sued smtfto/recov or and recovered either in the district where they en |J, 732 R s accrue or in the district where the offender is found. The said court shall have power to call upon any of the departments for any information or papers it may dee lecessary, and shall have the use of all recorded and^^ ^ 8 ^ s printed reports made by the committees of each House of Congress, when deemed necessary in the prosecution of its msiness. But the head of any department may refuse and omit to comply with any call for information or Dapers when, in his opinion, such compliance would be in- urious to the public interest. All offenses committed, and all penalties, forfeitures, id., sec. m \ ' ' Prosecution for or liabilities incurred prior to the taking effect hereof, prior offenses, etc. under any law embraced in, amended, or repealed by this A.ct, may be prosecuted and punished, or sued for and re- covered, in the district courts, in the same manner and with the same effect as if this Act had not been passed. This Act shall take effect and be in force on and after Jj} effect J^n. i, January first, nineteen hundred and twelve. 156 ARMY AND NAVY PENSIONS. 3o1fta? e L <8 822 9 c' That no suit, action, or other proceeding lawfully com 12 suits against mencec ^ ^y or a g a i RS t the head of any Department 01 Bureau or other officer of the United States in his officia. ment h etc retire " capacity, or in relation to the discharge of his officia duties, shall abate by reason of his death, or the expira tion of his term of office, or his retirement, or resignation or removal from office, but, in such event, the Court, on motion or supplemental petition filed, at any time withir twelve months thereafter, showing a necessity for th< survival thereof to obtain a settlement of the questions involved, may allow the same to be maintained by 01 against his successor in office, and the Court may mak( such order as shall be equitable for the payment of costs 36 Aot a June9,i9io, That the Act entitled "An Act to establish a code oi or tne District of Columbia," approved March third amended, 3i stat. n i ne teen hundred and one, be, and the same is hereby amended by adding to section one hundred and seventy seven thereof the following : q^r e d d of n united "Provided, That neither the United States nor tin of a coiumbS tr i C n District of Columbia, nor any officer of either, acting in appeal, etc. n ^ s o fg c i a i capacity, shall be required to give bond 01 enter into undertaking to perfect any appeal or to obtain any injunction or other writ, process, or order in or of any court in the District of Columbia for which a bond or undertaking is now or may be hereafter required by law or rule of court." i9io ct 36 stat L 7 ' That section eight hundred and sixty of the Revised 35 united 6 ' states Statutes of the United States be, and the same is hereby, courts, immunity r prpnlprl * of witnesses, etc. repedlCU. Sec. 860, R. S., repealed. sec. 4851, R. s. If any person, charged with crime, be found, in the Admission of ^ j> insane persons ac- court before which he is so charged, to be an insane per- cused of crime. , Feb. 7, 1857, c. son, such court shall certify the same to the Secretary of 36, sec. 5, v. 11, p. , ' . r 7 158; June 23, 1874, the Interior, who may order such person to be confined 251. ' p * in the Hospital for the Insane, and, if he be not indigent, he and his estate shall be charged with expenses of his support in the hospital. Delivery of 'fa- ^ len an J person confined in the Hospital for the In- Sored r to a Snfty e " sane cnar g e d with crime and subject to be tried therefor, id., sec. 7. " or convicted of crime and undergoing sentence therefor, 1 SEC. 860. No pleading of a party, nor any discovery or evidence ob- tained from a party or witness by means of a judicial proceeding in this or any foreign country, shall be given in evidence, or in any manner used against him or his property or estate, in any court of the United States, in any criminal proceeding, or for the enforcement of any penalty or forfei- ture : Provided, That this section shall not exempt any party or witness from prosecution and punishment for perjury committed in discovering or testifying as aforesaid. CRIMINAL LAW AND PROCEDURE.' 157 diall be restored to sanity, the superintendent of the hos- pital shall give notice thereof to the judge of the criminal pourt and deliver him to the court in obedience to the proper precept. That upon the application of the Attorney-General i 8 &>f 22 s2t. L 7 ,' he Secretary of the Interior be, and he is hereby, au- 33 Adm1ssion art of liorized and directed to transfer to the Government comSg'iimne b6 " lospital for the Insane in the District of Columbia, all >ersons who, having been charged with offenses against he United States, are in the actual custody of its officers, md all persons who have been or shall be convicted of my offense in a court of the United States and are im- >risoned in any State prison or penitentiary of any State or Territory, and who during the term of their mprisonment have or shall become and be insane. Whoever shall make or cause to be made, or present or 19 ojJ* 35 f t a a r t. ause to be presented, for payment or approval, to or by my person or officer in the civil, military, or naval serv- ce of the United States, any claim upon or against the Tovernment of the United States, or any department or fficer thereof, knowing such claim to be false, fictitious, Falseclaun - r fraudulent; or whoever, for the purpose of obtaining >r aiding to obtain the payment or approval of such laim, shall make or use, or cause to be made or used, my false bill, receipt, voucher, roll, account, claim, cer- ificate, affidavit, or deposition, knowing the same to ;ontain any fraudulent or fictitious statement or entry ; as^amtSd ' by >r whoever shall enter into any agreement, combination, )Y conspiracy to defraud the Government of the United States, or any department or officer thereof, by obtaining )r aiding to obtain the payment or allowance of any 'alse or fraudulent claim; or whoever, having charge, Dossession, custody, or control of any money or other public property used or to be used in the military or \aval service, with intent to defraud the United States or willfully to conceal such money or other property, >hall deliver or cause to be delivered, to any other per- son having authority to receive the same, any amount of such money or other property less than that for which received a certificate or took a receipt; or whoever, 3eing authorized to make or deliver any certificate, voucher, receipt, or other paper certifying the receipt of arms, ammunition, provisions, clothing, or other prop- rty so used or to be used, shall make or deliver the same to any other person without a full knowledge of 158 AEMY AND NAVY PENSIONS. the truth of the facts stated therein and with intent to Penalty. defraud the United States, shall be fined not more than five thousand dollars, or imprisoned not more than five chYse la o^f ful pu^iic y ears ? or both. And whoever shall knowingly purchase property. or re ceive 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, whether furnished to the sol- dier, sailor, officer, or person, under a clothing allowance or otherwise, such soldier, sailor, officer, or other person not having the lawful right to pledge or sell the same. Penalty. shall be fined not more than five hundred dollars, and im- prisoned not more than two years. iSbmt ' R ' of ^ n y P erson n t i n the military or naval forces of the persons making United States, or in the militia called into or actually falsp c * 1 ' i i rn s against United employed in the service of the United States, who shall Mar. 2, 1863, c. d o or commit any of the acts prohibited by any of the 67, sec. 3, v. 12, p. . * J . . 698- provisions of section fifty-four hundred and thirty-eight Title, " CRIMES," shall forfeit and pay to the United States the sum of two thousand dollars ; and, in addition double the amount of damages which the United States may have sustained by reason of the doing or commit- ting such act, together with the costs of suit; and such forfeiture and damages shall be sued for in the same suit. sec. 3491, R. s. The several district courts of the United States, the jviar. 2, ises, c. supreme court of the District of Columbia, the several 698. 'district courts of the Territories of the United States, within whose jurisdictional limits the person doing 01 committing such act shall be found, shall, wheresoever such act may have been done or committed, have full power and jurisdiction to hear, try, and determine such suit. Such suit may be brought and carried on by any] person, as well for himself as for the United States ; the same shall be at the sole cost and charge of such person, and shall be in the name of the United States, but shall not be withdrawn or discontinued without the consent, in writing, of the judge of the court and the district attorney, first filed in the case, setting forth their reason? j for such consent. sec. 3492 R.S It shall be the duty of the several district attorneys Duty of district suchcales ^ to ^ ^ e United States for the respective districts, for the Mar. 2, 1863, c. District of Columbia, and for the several Territories. 67, sec. 5, v. 12, p. . .... 698. to be diligent in inquiring into any violation of the pro- CRIMINAL, LAW AND PROCEDURE. 159 visions of section thirty-four hundred and ninety by [persons liable to such suit, and found within their re- spective districts or Territories, and to cause them to be [proceeded against in due form of law for the recovery of such forfeiture and damages. And such person may be [arrested and held to bail in such sum as the district I judge may order, not exceeding the sum of two thou- sand dollars, and twice the amount of the damages sworn to in the affidavit of the person bringing the suit. The person bringing said suit and prosecuting it to sec. 3493, R. s. inal judgment shall be entitled to receive one-half the mount of such forfeiture, as well as one-half the amount Su & ui 2, s i863, c. f the damages he shall recover and collect ; and the other 698? ec< ialf thereof shall belong to and be paid over to the Fnited States; and such person shall be entitled to Deceive to his own use all costs the court may award igainst the defendant, to be allowed and taxed according any provision of law or rule of court in force, or that shall be in force in suits between private parties in said ;ourt: Provided, That such person shall be liable for ill costs incurred by himself in the case, and shall have LO claim therefor on the United States. Every such suit shall be commenced within six years sec. 3494, R. s. ,, ., .,, Limitation of from the commission of the act, and not afterward. suit. Id., sec. 7. That section forty-seven hundred and forty-six of the Actjuiy7,i898, Revised Statutes of the United States is hereby amended I? 8 Stat ' L " * 18f c ' read as follows: an ? e e n C ded. 4746 " That every person who knowingly or willfully makes Presentation or . , I i . . making of false or >r aids, or assists in the making, or in anv wise procures fraudulent affida- vit, etc., in pen- phe making or presentation of any false or fraudulent sion claims, iffidavit, declaration, certificate, voucher, or paper or siting purporting to be such, concerning any claim for >ension or payment thereof, or pertaining to any other latter within the jurisdiction of the Commissioner of 'ensions or of the Secretary of the Interior, or who dating towingly or willfully makes or causes to be made, or lids or assists in the making, or presents or causes to be >resented at any pension agency any power of attorney >r other paper required as a voucher in drawing a pen- sion, which paper bears a date subsequent to that upon r hich it was actually signed or acknowledged by the >ensioner, and every person before whom any declara- tion, affidavit, voucher, or other paper or writing to be ised in aid of the prosecution of any claim for pension >r bounty land or payment thereof purports to have been 160 ARMY AND NAVY PENSIONS. executed who shall knowingly certify that the declarant, affiant, or witness named in such declaration, affidavit, voucher, or other paper or writing personally appeared before him and was sworn thereto, or acknowledged the execution thereof, when, in fact, such declarant, affiant, or witness did not personally appear before him or was not sworn thereto, or did not acknowledge the execution Penalty. thereof, shall be punished by a fine not exceeding five hundred dollars, or by imprisonment for a term of not more than five years." Code, Whoever, being an officer authorized to administer g- oatns or to ta ^ e an( ^ cer tify acknowledgments, shall merits, etc. knowingly make any false acknowledgment, certificate or statement concerning the appearance before him or the taking of an oath or affirmation by any person with respect to any proposal, contract, bond, undertaking, or other matter, submitted to, made with, or taken on behalJ of, the United States, and concerning which an oath or affirmation is required by law or regulation made in pur- suance of law, or with respect to the financial standing of any principal, surety, or other party to any such pro- posal, contract, bond, undertaking, or other instrument Penalty. shall be fined not more than two thousand dollars, or im- prisoned not more than two years, or both. id., sec. 70. Whoever, being a consul, or vice consul, or other per- False certifica- . e tion by consular son employed in the consular service of the United sec/5442, R. s. States, shall knowingly certify falsely to any invoice, or other paper, to which his certificate is by law author- Penaity. ized or required, shall be fined not more than ten thousand dollars and imprisoned not more than three years. id., sec. 106. Whoever, being! a public officer or other person au- False certifl- cates by public thorized by any law of the United States to make or officers, etc. * * give a certificate or other writing, shall knowingly make and deliver as true such a certificate or writing, con- taining any statement which he knows to be false, in a case where the punishment thereof is not elsewhere ex- Penaity. pressly provided by law, shall be fined not more than five hundred dollars, or imprisoned not more than one year, or both. I9ii ct 36 staf* L 4 ' That whoever, being an officer, clerk, agent, or other 13 Go C vernmentP erson holding any office or employment under the Gov- empioyees. eminent of the United States and, being charged with the duty of keeping accounts or records of any kind, shall, with intent to deceive, mislead, injure, or defraud the CRIMINAL LAW AND PROCEDURE. 161 United States or any person, make in any such account or record any false or fictitious entry or record of any tries in records - matter relating to or connected with his duties, or who- ever with like intent shall aid or abet any such officer, Aidin g- ete - clerk, agent, or other person in so doing; or whoever, being an officer, clerk, agent, or other person holding any office or employment under the Government of the United ports ' States and, being charged with the duty of receiving, holding, or paying over moneys or securities to, for, or on behalf of the United States, or of receiving or holding in trust for any person any moneys or securities, shall, with like intent, make a false report of such moneys or securities, or whoever with like intent shall aid or abet Aidin g> etc - any such officer, clerk, agent, or other person in so doing, shall be fined not more than five thousand dollars, or imprisoned not more than ten years, or both. Whoever shall falsely make, alter, forge, or counter- s^ 11131 code ' feit, or cause or procure to be falsely made, altered, bid, or pufiic x reol forged, or counterfeited, or willingly aid, or assist in the Or s^ s te "54i8 and false making, altering, forging, or counterfeiting, any 5479 ' 11 ' 8 ' bond, bid, proposal, contract, guarantee, security, official bond, public record, affidavit, or other writing for the purpose of defrauding the United States; or shall utter or publish as true, or cause to be uttered or published as true, or have in his possession with the intent to utter or publish as true, any such false, forged, altered, or counterfeited bond, bid, proposal, contract, guarantee, se- curity, official bond, public record, affidavit, or other writing, for the purpose of defrauding the United States, knowing the same to be false, forged, altered, or coun- terfeited ; or shall transmit to, or present at, or cause or procure to be transmitted to, or presented at, the office pers> of any officer of the United States, any such false, forged, altered, or counterfeited bond, bid, proposal, contract, guarantee, security, official bond, public record, affidavit, or other writing, knowing the same to be false, forged, altered, or counterfeited, for the purpose of defrauding the United States, shall be fined not more than one thou- sand dollars, or imprisonment not more than ten years, or both. Whoever shall falsely make, alter, forge, or counter- ^ d ^ feit, or cause or procure to be falsely made, altered, P^ f forged, or counterfeited, or willingly aid or assist in the Sec - 5421 R - s - false making, altering, forging, or counterfeiting, any 8001 12 - 12 162 ARMY AND NAVY PENSIONS. deed, power of attorney, order, certificate, receipt, con- 1 tract, or other writing, for the purpose of obtaining or I receiving, or of enabling any other person, either directly! or indirectly, to obtain or receive from the United States, I or any of their officers or agents, any sum of money ; or I whoever shall utter or publish as true, or cause to be] uttered or published as true, any such false, forged,! altered, or counterfeited deed, power of attorney, order,! certificate, receipt, contact, or other writing, with intent! to defraud the United States, knowing the same to be etc^ ransi tmg> false, altered, forged, or counterfeited; or whoever shall! transmit to, or present at, or cause or procure 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, contract, 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 counterfeited, penalty. shall be fined not more than one thousand dollars and imprisoned riot more than ten years. Having false pa- Whoever, knowingly and with intent to defraud the passion '' "* United States, shall have in his possession any false, sec. 6422, R. s. altered, forged, or counterfeited deed, power of attor- ney, order, certificate, receipt, contract, or other writing, for the purpose of enabling another to obtain from the United States, or from any officer or agent thereof, any Penalty. slim o f monev? shall be fined not more than five hundred dollars, or imprisoned not more than five years, or both. F d orgh?g, 148 etc., Whoever, with intent to defraud, shall falsely make, U sec .^ilfiifs. f r g e ? counterfeit, or alter any obligation or other se- curity of the United States shall be fined not more than penalty. ^ ye thousand dollars and imprisoned not more than fifteen years. p d assingf etc., Whoever, with intent to defraud, shall pass, utter, pub- . ti ni ed obliga ~lish, or sell, or attempt to pass, utter, publish, or sell, or sec. 5431, R. s. s h a i} bring into the United States or any place subject to the jurisdiction thereof, with intent to pass, publish, utter, or sell, or shall keep in possession or conceal with like intent, any falsely made, forged, counterfeited, or altered Penalty. obligation or other security of the United States, shall be fined not more than five thousand dollars and imprisoned not more than fifteen years. Buying^etc Whoever shall buy, sell, exchange, transfer, receive, or f sec d IS? R ie s' deliver, any false, forged, counterfeited, or altered obliga- CRIMINAL LAW AND PROCEDURE. 163 tion or other security of the United States, or circulating note of any banking association organized or acting under the laws thereof, which has been or may hereafter be issued by virtue of any act of Congress, with the intent that the same be passed, published, or used as true and genuine, shall be fined not more than five thousand dol- Penalt F- ars, or imprisoned not more than ten years, or both. All counterfeits of any obligation or other security of counterfeit 'ob- he United States or of any foreign government, or coun- bffaSe^"' to erfeits of any of the coins of the United States or of any ig^e^tat. L,' breign government, and all material or apparatus fitted 742> sec> 4- ir intended to be used, or that shall have been used, in he making of any of such counterfeit obligation or other ecurity or coins hereinbefore mentioned, that shall be bund in the possession of any person without authority rom the Secretary of the Treasury or other proper officer o have the same, shall be taken possession of by any au- horized agent of the Treasury Department and for- eited to the United States, and disposed of in any man- ler the Secretary of the Treasury may direct. Whoever laving the custody or control of any such counterfeits, laterial, or apparatus shall fail or refuse to surrender >ossession thereof upon request by any such authorized gent of the Treasury Department, shall be fined not more fai f u e re } Oliver* han one hundred dollars, or imprisoned not more than me year, or both. Whoever, having takeia an oath before a competent tri- p^S^'. 125 ' mnal, officer, or person, in any case in which a law of the Sec- 5392> R * S- Jnited States authorizes an oath to be administered, that e will testify, declare, depose, or certify truly, or that ny written testimony, declaration, deposition, or cer- ificate by him subscribed, is true, shall wilfully and con- rary to such oath state or subscribe any material matter vhich he does not believe to be true, is guilty of perjury, nd shall be fined not more than two thousand dollars Penalt y- nd imprisoned not more than five years. Every secretary of legation and consular officer is D^pSomb* lereby authorized, whenever he is required or deems it {^tSn^l con- lecessary or proper so to do, at the post, port, place, or SU Act^Aug'. is, vithin the limits of his legation, consulate, or commercial Jf 56 ' n stat ' Llf gency, to administer to or take from any person an >ath, affirmation, affidavit, or deposition, and to perform my, notarial act which any notary public is required or tuthorized by law to do within the United States. Every 164 ARMY AND NAVY PENSIONS. such oath, affirmation, affidavit, deposition, and not aria act administered, sworn, affirmed, taken, had, or done' by or before any such officer, when certified under hi: hand and seal of office, shall be as valid, and of like forc<| and effect within the United States, to all intents ancj purposes, as if administered, sworn, affirmed, taken, had! or done, by or before any other person within the Unitecl perjury t: Li such^ates duly authorized and competent thereto. If an^l cases. person shall wilfully and corruptly commit perjury, or tyl any means procure any person to commit perjury in an} such oath, affirmation, affidavit, or deposition, within th< intent and meaning of any act of Congress now or here after made, such offender may be charged, proceeded against, tried, convicted, and dealt with in any district o: the United States, in the same manner, in^all respects, a; if such offense had been committed in the United States before any officer duly authorized therein to administer 01 take such oath, affirmation, affidavit, or deposition, anc shall be subject to the same punishment and disability therefor as are or shall be prescribed by any such act foi such offense; and any document purporting to have af Evidence of fi xe( j impressed, or subscribed thereto or thereon the sea taking the oath. ' ' and signature of the officer administering or taking tin same in testimony thereof, shall be admitted in evident without proof of any such seal or signature being genuin< for P Ln al certmcate or ^ ^ e ^ c i a ^ character of such person ; and if any per of oath. son shall forge any such seal or signature, or shall tende: in evidence any such document with a false or counterfei seal or signature thereto, knowing the same to be false o: counterfeit, he shall be deemed and taken to be guilty o: a misdemeanor, and on conviction shall be imprisoned no exceeding three years nor less than one year, and fined ii a sum not to exceed three thousand dollars, and may b charged, proceeded against, Jtried, convicted, and deal with, therefor, in the district where he may be arrested o: in custody. i878 Ct 2o gftat i 9 ' That before the name of any person shall be placec 28 F C ais'e SeC oath u P on ^ ie P ens i n - r ll s under this act, proof shall b< STTar ff T] im ma de, un d er such rules and regulations as the Commis claims. sioner of Pensions, with the approval of the Secretary of the Interior, shall prescribe, that the applicant is en titled to a pension under this act; and any person wh< shall falsely take any oath required to be taken unde: the provisions of this act shall be guilty of perjury; an( CRIMINAL LAW AND PROCEDURE. 165 the Secretary of the Interior shall cause to be stricken from the rolls the name of any person, when it shall appear, by proof satisfactory to him, that such name was put on said rolls by or through false or fraudulent representations, or by mistake as to the right of such person to a pension under this act. * * * That before the name of any person shall be placed on 18 ^ ct 24 J s a t > the pension-roll under this act, proof shall be made, 371,0.70, sec! a. '' False oath to be under such rules and regulations as the Secretary of the Deemed perjury, J Mexican War Interior may prescribe, of the right of the applicant to claims - a pension; and any person who shall falsely and cor- ruptly take any oath required under this act shall be deemed guilty of perjury; and the Secretary of the In- terior shall cause to be stricken from the pension-roll the name of any person whenever it shall be made to ap- pear by proof satisfactory to him that such name was put upon such roll through false and fraudulent repre- sentations, and that such person is not entitled to a pen- sion under this act. * * * That before the name of any person shall be placed on 18 i^V T stat I 7 ' the pension roll under this act, proof shall be made, un- 282 > c. 277, sec. s| der such rules and regulations as the Secretary of the False oath to be c deemed perjury, Interior may prescribe, of the right of the applicant to^.dian war a pension; and any person who shall falsely and cor- ruptly take any oath required under this act shall be deemed guilty of perjury; * * * In every presentment or indictment prosecuted against any person for perjury, it shall be sufficient to set f orth the substance of the offense charged upon the defendant, ^ec.Vv. i,' P : and by what court, and before w T hom the oath was taken, averring such court or person to have competent au- thority to administer the same, together with the proper averment to falsify the matter wherein the perjury is assigned, without setting forth the bill, answer, informa- tion, indictment, declaration, or any part of any record or proceeding, either in law or equity, or any affidavit, deposition, or certificate, other than as hereinbefore stated, and without seting forth the commission or au- thority of the court or person before whom the perjury was committed. Whoever shall procure another to commit any perjury^^j 1 11 Code is guilty of subornation of perjury, and punishable as in pe ^ y rnation of the preceding section prescribed. ISaity 3 ' R ' S ' 166 ARMY AND NAVY PENSIONS. iSdiSnf 'for ^ n ever J presentment or indictment for subornation of pe5ury ati n of P er i urv > ^ shall be sufficient to set forth the substance of i79o ct c 9" P sec 2o' ^e offense charged upon the defendant, without setting v.i, P. lie. forth the bill, answer, information, indictment, declara- tion, or any part of any record or proceeding either in law or equity, or any affidavit, deposition, or certificate,] and without setting forth the commission or authority of the court or person before whom the perjury was com- mitted ; or was agreed or promised to be committed. se?39 linal C de ' Whoever shall promise, offer, or give, or cause or pro- u^ited ber states cure to ^e promised, offered, or given, any money or of lec r '545i R s other thing of value, or shall make or tender any contract, undertaking, obligation, gratuity, or security for the pay-| ment of money, or for the delivery or conveyance of any- thing of value, to any officer of the United States, or to any person acting for or on behalf of the United State in any official function, under or by authority of any department or office of the Government thereof, or to any officer or person acting for or on behalf of either House of Congress, or of any committee of either House, or both Houses thereof, with intent to influence his decision or action on any question, matter, cause, or proceeding which may at any time be pending, or which may by law be brought before him in his official capacity, or in his place of trust or profit, or with intent to influence him to commit or aid in committing, or to collude in, or allow, any fraud, or make opportunity for the commission of any fraud ; on the United States, or to induce him to do or omit to do any act in violation of his lawful duty, Penalty. shall be fined not more than three times the amount of money or value of the thing so offered, promised, given, made, or tendered, or caused or procured to be so offered, promised, given, made, or tendered, and imprisoned no more than three years. SrI after he has qualified, and during his continuance in office, or being an officer or agent of the United States, shall directly or indirectly take, receive, or agree to receive, from any person, any money, property, or other valuable consideration whatever, for procuring, or aiding to pro- cure, any contract, appointive office, or place, from the United States or from any officer or department thereof, for any person whatever, or for giving any such contract, offeringconsid- appointive office, or place to any person whomsoever; or Sereo? congress*" whoever, directly or indirectly, shall offer, or agree to give, or shall give, or bestow, any money, property, or other valuable consideration whatever, for the procuring, or aiding to procure, any such contract, appointive office, Penalty. or pl ace? shall be fined not more than ten thousand dol- lars and imprisoned not more than two years; and shall, moreover, be disqualified from holding any office of honor, profit, or trust under the Government of the United States. Any such contract or agreement may, at the option of the President, be declared void. Member^ of Whoever, being elected or appointed a Senator, Mem- congress taking ber of or Delegate to Congress, or a Resident Commis- compensation in matters to which sioner, shall, after his election or appointment and either United States are ^^ P sec es i782 R s Before or a fter he has qualified, and during his continu- ance in office, or being the head of a department, or other officer or clerk in the employ of the United States, shall, directly or indirectly, receive, or agree to receive, any compensation whatever for any services rendered or to be rendered to any person, either by himself or another, in relation to any proceeding, contract, claim, controversy, charge^ accusation, arrest, or other matter or thing in which the United States is a party or directly or indi- rectly interested, before any department, court-martial, bureau, officer, or any civil, military, or naval commis- Penaity. s j on whatever, shall be fined not more than ten thousand dollars and imprisoned not more than two years; and shall, moreover, thereafter be incapable of holding any CRIMINAL LAW AND PROCEDURE. 169 and 1 office of honor, trust, or profit under the Government of the United States. Whoever, being an officer of the United States, or a [person acting for or on behalf of the United States, ingggj accepting any official capacity, under or by virtue of the authority 55^^ f of any department or office of the Government thereof; or whoever, being an officer or person acting for or on behalf of either House of Congress, or of any committee of either House, or of both Houses thereof, shall ask, ac- cept, or receive any money, or any contract, promise, i undertaking, obligation, gratuity, or security for the pay- ment of money, or for the delivery or conveyance of any- r thing of value, with intent to have his decision or action { on any question, matter, cause, or proceeding which may at any time be pending, or which may by law be brought ! before him in his official capacity, or in his place of trust | or profit, influenced thereby, shall be fined not more than three times the amount of money or value of the thing so asked, accepted, or received, and imprisoned not more than three years ; and shall, moreover, forfeit his office or i place and thereafter be forever disqualified from holding j any office of honor : trust, or profit under the Government of the United States. Whoever, directly or indirectly, shall give or offer, or cause to be given or offered, any money, property, o r i value of any kind, or any promise or agreement therefor I or any other bribe, to any judge, judicial officer, or other Sec - M49 ' R - s - person authorized by any la*v of the United States to hear or determine any question, matter, cause, -proceeding; or controversy, with intent to influence his action, vote, opinion, or decision thereon, or because of any such ac- tion, vote, opinion, or decision, shall be fined not more than twenty thousand dollars, or imprisoned not more than fifteen years, or both; and shall forever be dis- qualified to hold any office of honor, trust, or profit under the United States. Whoever, being a juror, referee, arbitrator, appraiser, assessor, auditor, master, receiver, United States com - cepting bribe missioner, or other person authorized by any law of the United States to hear or determine any question, matter, cause, controversy, or proceeding, shall ask, receive, or agree to receive, any money, property, or value of any kind, or any promise or agreement therefor, upon any agreement or understanding that his vote, opinion, action, 170 ARMY AND NAVY PENSIONS. judgment, or decision shall be influenced thereby, or be- 1 cause of any such vote, opinion, action, judgment, oil Penalty. decision, shall be fined not more than two thousand dol J lars, or imprisoned not more than two years, or both. witS accept- Whoever, being, or about to be, a witness upon a trial hearing, or other proceeding, before any court or anj officer authorized by the laws of the United States t( hear evidence or take testimony, shall receive, or agre* or offer to receive, a bribe, upon any agreement or under- standing that his testimony shall be influenced thereby or that he will absent himself from the trial, hearing, 01 other proceeding, or because of such testimony, or such Penalty. absence, shall be fined not more than two thousand dol- lars, or imprisoned not more than two years, or both. to ^ two or more persons in any State, Territory, or Dis- i c t conspire to prevent, by force, intimidation, or threat du sec!'55i8, R. s. an j person from accepting or holding any office, trust or place of confidence under the United States, or from discharging any duties thereof; or to induce by like means any officer of the United States to leave any State. Territory, district, or place, where his duties as an officer are required to be performed, or to injure him in hi? person or property on account of his lawful discharge oi the duties of his office, or while engaged in the lawful discharge thereof, or to injure his property so as t< molest, interrupt, hinder, or impede him in the discharj of his official duties, each of such persons shall be finec penalty. not ^more than five thousand dollars, or imprisoned not more than six years, or both. sec. loso, R. s. First. If two or more persons in any State or Territorv Conspiracy. J 33 JU v y i2' p 86 284 :Cons P^ re to P revent ? by force, intimidation, or threat. Apr.'%wh, c! an y person from accepting or holding any office, trust. is- Mar.i,i875,c. or place of confidence under the United States, or from 114, sec. 2, v. 18, P. 336. discharging any duties thereof; or to induce by like means any officer of the United States to leave any State, district, or place, where his duties as an officer are re- quired to be performed, or to injure him in his person or property on account of the lawful discharge of the duties of his office, or while engaged in the lawful discharge thereof, or to injure his property so as to molest, inter- rupt, hinder, or impede him in the discharge of his official duties ; Second. If two or more persons in any State or Ter- ritory conspire to deter, by force, intimidation, or threat, CRIMINAL LAW AND PROCEDURE. 171 any party or Avitness in any court of the United States from attending such court, or from testifying to any matter pending therein, freely, fully, and truthfully, or to injure such party or witness in his person or property on account of his having so attended or testified, or to influence the verdict, presentment, or indictment of any grand or petit juror in any such court, or to injure such juror in his person or property on account of any verdict, presentment, or indictment lawfully assented to by him, or of his being or having been such juror; or if two or more persons conspire for the purpose of impeding, hindering, instructing, or defeating in any manner, the due course of justice in any State or Territory, with in- tent to deny to any citizen the equal protection of the laws, or to injure him or his property for lawfully enforcing, or attempting to enforce, the right of any person, or class of persons, to the equal protection of the laws ; Third. * * * In any case of conspiracy set forth in tins section, if one or more persons engaged therein do, or cause to be done, any act in furtherance of the ob- ject of such conspiracy, whereby another is injured in his person or property, or deprived of having and exercis- ing any right or privilege of a citizen of the United States, the party so injured or deprived may have an action for the recovery of damages, occasioned by such injury or deprivation, against any one or more of the conspirators. Every person who, having knowledge that any of the wrongs conspired to be done, and mentioned in the pre- ceding section, are about to be committed, and biniiflg power to prevent or aid in preventing the commission of 15 - the same, neglects or refuses so to do, if such wrongful act be committed, shall be liable to the party injured, or his legal representatives, for all damages caused by such wrongful act, which such person by reasonable diligence could have prevented; and such damages may be recov- ered in an action on the case ; and any number of persons guilty of such wrongful neglect or refusal may be joined as defendants in the action; and if the death of any party be caused by any such wrongful act and neglect, the legal representatives of the deceased shall have such ac- tion therefor, and may recover not exceeding five thousand dollars damages therein, for the benefit of the widow of 172 ARMY AND NAVY PENSIONS. the deceased, if there be one, and if there be no widow then for the benefit of the next of kin of the deceased. But no action under the provisions of this section shall be sustained which is not commenced within one year after the cause of action has accrued. code, jf two or more persons conspire either to commit any s offense against the United States, or to defraud the 187^*21 Itiit L 7 ' United States in any manner or for any purpose, and one 4 c - 8 - or more of such parties do any act to effect the object of the conspiracy, each of the parties to such conspiracy Penalty. shall be fined not more than ten thousand dollars, or im-| prisoned not more than two years, or both. isTjfV^tat L', That any claim-agent, attorney, or other person en- 13 p'enaity upon a g e d ^ n tne collection of claims for pay, bounty, pen- forrSSfgwfth- s i n > or other allowances for any soldier, sailor, or marine, ta!iS 1 to n dSiver op ^ or aii ^ commissioned officer of the military or naval oMand g wa^Tants f rces j or wno mav have been a soldier, sailor, marine, or etc any soldier ' officer of the regular or volunteer forces of the United States, and honorably discharged, who shall retain, with- out the consent of the owner or owners thereof, or shall re- fuse to deliver or account for the same upon demand duly made by the owner or owners thereof, 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 mis- demeanor, and shall, upon conviction, be punished by a fine not exceeding five hundred dollars, or by imprison- ment not exceeding six months, or both, at the discretion of the court, and shall thereafter be debarred from prose- cuting any such claim in any executive department of the Government. Attorney R 'for Any agent or attorney, or any other person instru- manding ns n?ore men ^ a ^ ^ n P rosec uting any claim for pension or bounty than legal fee, l an d, who shall directly or indirectly contract for, de- Act Mar. 3, man( j or receive or retain anv greater compensation for Io7oj S6C. o.Lj I/ stat. L., 575. n j s services, or instrumentality in prosecuting a claim for pension or bounty land than is provided in the Title per- taining to pensions, or who shall Avrongfully 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 claim- ant, shall be deemed guilty of a high misdemeanor, and, upon conviction thereof, shall for every such offense be CRIMINAL LAW AND PROCEDURE. 173 fined not exceeding five hundred dollars, or imprison- ment at hard labor not exceeding two years, or both, at the discretion of the court. " SEC. 4785. No agent or attorney or other person 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 hiin, 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 pen- sion or bounty-land 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 the Commissioner of Pensions that the ceSaXcasefto be fee of ten dollars, or any part thereof, has not been paid, pen. d he shall cause the same to be deducted from the pension, and the pension agent to pay the same to the recognized attorney." * Any agent or attorney or other person in- sec. 4, id., part. , 7 . ,. , . - . Penalty for vio- strumental in prosecuting any claim for pension oriationofactreiat- bounty land, who shall directly or indirectly contract for,pnsatio e n. rc 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 or in any other manner than is herein provided, or who shall wrongfully with- hold 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 claim- ant, 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 discretion of the court. That no agent, attorney, or other person engaged * n iggo^'stX L' preparing, presenting, or prosecuting any claim under I8 j the provisions of this act shall, directly or indirectly, con- tract for, demand, receive, or retain for such services in preparing, presenting, or prosecuting such claim a sum greater than ten dollars, which sum shall be payable only upon the order of the Commissioner of Pensions, by the pension agent making payment of the pension allowed, and any person who shall violate any of the provisions of this section, or who shall wrongfully withhold from a pensioner or claimant the whole or any part of a pension j^^n e . n from 174 ARMY AND NAVY PENSIONS. or claim allowed or due such pensioner or claimant under I this act, shall be deemed guilty of a misdemeanor, and I upon conviction thereof shall, for each and every such I prisonment d im ~ onPence 5 be fined not exceeding five hundred dollars, or be I imprisoned at hard labor not exceeding two years, or I both, in the discretion of the court. 190^*35 itat L' That no claim agent or attorney shall be recognized in 64, c. i47> sec. 3. 'the adiudication of claims under the first section of this Attorneys, etc.; fees restricted. Act, and that no agent, attorney, or other person engaged in preparing, presenting, or prosecuting any claim under the provisions of the second section of this Act shall, di- rectly or indirectly, contract for, demand, receive, or re- tain for such services in preparing, presenting, or prose- Amount, cuting such claim a sum greater than ten dollars, which sum shall be payable only upon the order of the Commis- sioner of Pensions by the pension agent making payment of the pension allowed ; and any person who shall violate any of the provisions of this section or who shall wrong- fully withhold from the pensioner or claimant the whole or any part of a pension or claim allowed or due such pensioner or claimant under this Act shall be deemed guilty of a misdemeanor, and upon conviction thereof Penalty. shall, for each and every such offense, be fined not ex- ceeding five hundred dollars or be imprisoned at hard labor not exceeding two years, or both, in the discretion of the court. Act Mar. 3,i89i, Hereafter no agent or attorney shall demand, receive, 26 Stat. L., 1082, in i c. 548, part. or be allowed any compensation under existing law Attorney's fee: J . . to increase and exceeding two dollars in any claim tor increase of pen- special-act . r ' i claims. sion on account of the increase of the disability lor which the pension has been allowed, or for services rendered in securing the passage of any special act of Congress grant- ing a pension or an increase of pension in any case that has been presented at the Pension Office or is allowable -under the general pension laws: 1 And provided further, That any agent, attorney, or other person instrumental in prosecuting any claim for increase of pension on ac- count of the increase of disability for which pension was allowed, or who has rendered services in procuring the passage of any special act of Congress granting a pension or an increase of pension in any case that has been pre- sented at the Pension Office or is allowable under the general pension laws, who shall directly or indirectly contract for, demand, receive, or retain any compensa- 1 See act May 28, 1908, post. CRIMINAL LAW AND PROCEDURE. 175 tion for such services, except as hereinbefore provided, shall be deemed guilty of a misdemeanor, and upon con- viction thereof shall, for each and every such offense, be fined not exceeding five hundred dollars or imprisoned, ot exceeding two years or both, in the discretion of the ourt : Provided, however, That the foregoing provisions Proviso - a relation to fees of agents or attorneys shall not apply o any case now pending where there is an existing lawful ontract express or implied. That hereafter no pension attorney, claim agent, or igosfaslS. Si ther person shall be entitled to receive any compensation 419 c - 208 >P art - or services rendered in securing the introduction of a bill r the passage thereof through Congress granting pension r increase of pension, and any person who shall, directly r indirectly, contract for, demand, receive, or retain any ompensation for such services shall be deemed guilty f an offense, and upon conviction thereof shall, for each nd every such offense, be fined not exceeding five hun- temp n tii 1 / to 1 " ll' red dollars or imprisoned not exceeding two years, or En. pec oth, in the discretion of the court. 1 That no fee, compensation, or allowance shall be paid 2?itat if.fslsfc'. o, received, or accepted by any agent, attorney, or other 37 pfns%ns to erson instrumental in the prosecution of any claim for^N^feesTr^om- ension under this act; and any person who may make fSnTys? 11 ny claim upon any applicant for any fee, compensation, r allowance shall be guilty of a misdemeanor, and upon onviction shall be fined not exceeding five hundred dol- ars, or imprisoned at hard labor not exceeding one year, r both, in the discretion of the court ; and it shall be the uty of the Interior and War Departments to render all roper aid to applicants under this act. Every pension agent, or other person employed or ap- secern 1 ointed by him, who takes, receives, or demands any fee taSngfe?. r reward from any pensioner for any service in con- ection with the payment of his pension, shall be fined ot more than five hundred dollars. That section forty-seven hundred and forty-five, title igsa? 22 s e tat. ' ft-seven of the Revised Statutes of the United States hereby amended to read as follows : SEC. 4745. Any pledge, mortgage, sale, assignment, or t ranL p o? jen- ransfer of any right, claim, or interest in any pensi on puSgTor "receipt rhich has been, or may hereafter be, granted, shall be void meaner. a nd of no effect, and any person who shall pledge, or re- language was first used in the pension appropriation act of Mar. 0, 1902, 32 Stat. L., 62, c. 147, and is last used in the act above printed. 176 ARMY AND NAVY PENSIONS. ceive as a pledge, mortgage, sale, assignment or transfe] of any right, claim, or interest in any pension, or pensioi certificate, which has been, or may hereafter be granted o: issued, or who shall hold the same as collateral security for any debt, or promise, or upon any pretext of sucl security, or promise, shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum no Penalties. exceeding one hundred dollars and the costs of the prose cution; and any person who shall retain the certificat of a pensioner and refuse to surrender the same upon th demand of the Commissioner of Pensions, or a Unite States pension agent, or any other person authorized b the Commissioner of Pensions or the pensioner to receiv the same shall be guilty of a misdemeanor, and upo conviction thereof shall be fined in a sum not exceedin one hundred dollars and the costs of the prosecution. i906 Ct 34^ e tat L 7 .' That section thirty-six hundred and seventy-nine o 48 si 5 3679TR 3 s.! the R evised Statutes of the United States, as amended b a Tc n t d Mar. 3,1905, section four of the deficiency appropriation act approve 33 stat. L., 1257. March third, nineteen hundred and five, is hereby furth< amended to read as follows: in^xcS^ap- " SEC - 36T9 - No Executive Department or other Govern bidden. tion for "ment establishment of the United States shall expend, i any one fiscal year, any sum in excess of appropriation made by Congress for that fiscal year, or involve the Gov eminent in any contract or other obligation for th future payment of money in excess of such appropria tions unless such contract or obligation is authorized b; . c voluntary serv- law> -^ ghal] any Department or any officer of the Gov ernment accept voluntary service for the Government o employ personal service in excess of that authorized b; law, except in cases of sudden emergency involving th loss of human life or the destruction of property. All ap propriations made for contingent expenses or other gen eral purposes^ except appropriations made in fulfillmen of contract obligations expressly authorized by law, or f o objects required or authorized by law without referenc to the amounts annually appropriated therefor, shall, o: prevenrdeficien^ or before the beginning of each fiscal year, be so appoi tioned by monthly or other allotments as to prevent es penditures in one portion of the year which may necessi tate deficiency or additional appropriations to complet the service of the fiscal year for which said appropria tions are made; and all such apportionments shall b CRIMINAL, LAW AND PROCEDURE. 177 adhered to and shall not be waived or modified except Exceptions in K emergencies. upon the happening of some extraordinary emergency or unusual circumstance which could not be anticipated at the time of making such apportionment, but this provision shall not apply to the contingent appropriations of the p^SaS* a ?f Senate or House of Representatives; and in case said notSude? 01186 apportionments are waived or modified as herein pro- vided, the same shall be waived or modified in writing by re ^e^ n rders the head of such Executive Department or other Govern- ment establishment having control of the expenditure, and the reasons therefor shall be fully set forth in each particular case and communicated to Congress in connec- tion with estimates for any additional appropriations re- quired on account thereof. Any person violating any provision of this section shall be summarily removed from office and may also be punished by a fine of not less than Penalt y- one hundred dollars or by imprisonment for not less than one month." Whoever, with intent to defraud either the United JF r i linal Code ' ' SGC. o-. States or any person, shall falsely assume or pretend to tending 7 to P be be an officer or employee acting under the authority of JS^ states the United States, or any Department, or any officer of the 18 ^ ct 2 3 A stat L' Government thereof, and shall take upon himself to act as 1L such, or shall in such pretended character demand or obtain from any person or from the United States, or any Department, or any officer of the Government thereof, any money, paper, document, or other valuable thing, shall be fined not more than one thousand dollars, or im- Penalt y- prisoned not more than three years, or both. Whoever shall falsely personate any true and lawful holder of any share or sum in the public stocks or debt of the United States, or any person entitled to any annuity, dividend, pension, prize money, wages, or other debt due from the United States, and, under color of such false personation, shall transfer or endeavor to transfer such public stock or any part thereof, or shall receive or en- deavor to receive the money of such true and lawful holder thereof, or the money of any person really entitled to receive such annuity, dividend, pension, prize money, wages, or other debt, shall be fined not more than five Penalt y- thousand dollars and imprisoned not more than ten years. Whoever shall knowingly or fraudulently demand or F d aise ec 'de 4 mand endeavor to obtain any share or sum in the public stocks we / r a f ud ^ t \ e n r ! of the United States, or to have any part thereof trans- ne |^ >5436j R s 8001 12 13 178 ARMY AND NAVY PENSIONS. f erred, assigned, sold, or conveyed, or to have any an- 1 nuity, dividend, pension, prize money, wages, or other! debt due from the United States, or any part thereof, re- 1 ceived, or paid by virtue of any false, forged, or counter- 1 feited power of attorney, authority, or instrument, shall be fined not more than five thousand dollars and im- prisoned not more than ten years. isin ct 26^tat L' That sections forty-seven hundred and eighty-three 74 seL 13 4783 and an( ^ fifty-four hundred and eighty-six of the Revised amended 11 ' s> ' Statutes be, and the same are hereby, so amended as to read as follows : ^ ^Embezzlement " Every guardian, conservator, curator, committee, money. tutor, or other person having charge and custody in a fiduciary capacity of the pension of his ward, who shall embezzle the same in violation of his trust, or fraudulently convert the same to his own use, 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." se I 8 i 6. linal Code ' Whoever, being an officer, clerk, agent, employee, or iar^er e sSm g than other person charged with the payment of any appropria- ar sec ai 5483, R. s. tion made by Congress, shall pay to any clerk or other employee of the United States a sum less than that pro- vided by law, and require such employee to receipt o give a voucher for an amount greater than that actuall paid to and received by him, is guilty of embezzlement, Penalty. an( j sna }j b e fi ne( j i n double the amount so withheld fro any employee of the Government and imprisoned no more than two years. Failure 9 of offl- Every officer or agent of the United States who, havin counts. render a ~ received public money which he is not authorized to re- iec. 5491, R. s. t a i n ag sa ] ar y^ p aVj or emolument, fails to render his ac- counts for the same as provided by law shall be deemed Penalty. guilty of embezzlement, and shall be fined in a sum equal to the amount of the money embezzled and imprisoned not more than ten years. Sfinatocteevt- The refusal of any person, whether in or out of office, ziement f embez ~ charged with the safe-keeping, transfer, or disbursement sec. 5495, R.S. o f ^Q public money to pay any draft, order, or warrant, drawn upon him by the proper accounting officer of the Treasury, for any public money in his hands belonging to the United States, no matter in what capacity the same may have been received, or may be held, or to transfer or disburse any such money, promptly, upon the legal re- quirement of any authorized officer^ shall be deemed, CRIMINAL LAW AND PROCEDURE. 179 g Se c-5454,R.s. jpon the trial of any indictment against such person for ;mbezzlement, prima facie evidence of such embezzlement. If any officer charged with the disbursement of the pub- ic moneys accepts, receives, or transmits to the Treasury Department to be allowed in his favor any receipt or voucher from a creditor of the United States without laving paid to such creditor in such funds as the officer received for disbursement, or in such funds as he may be authorized by law to take in exchange, the full amount specified in such receipt or voucher, every such act is an ict of conversion by such officer to his own use of the imount specified in such receipt or voucher. Whoever shall take and carry away, without authority from the United States, from the place where it has been iled, lodged, or deposited, or where it may for the time 3eing actually be kept by authority of the United States, my certificate, affidavit, deposition, written statement of facts, power of attorney, receipt, voucher, assignment, 3r other document, record, file, or paper, prepared, fitted, :>r intended to be used or presented in order to procure the payment of money from or by the United States, or my officer or agent thereof^ or the allowance or payment )f the whole or any part of any claim, account, or demand igainst the United States, whether the same has or has not already been so used or presented, and whether such im, account, or demand, or any part thereof, has or has not already been allowed or paid ; or whoever shall pre- -ent, use, or attempt to use. any such document, record, file, or paper so taken and carried away : in order to pro- mre the payment of any money from or by the United States, or any officer or agent thereof, or the allowance )r payment of the whole or any part of any claim, ac- count, or demand against the United States, shall be fined not more than five thousand dollars, or imprisoned not nore than ten years, or both. Whoever shall rob another of any kind or description of personal property belonging to the United States, or shall feloniously take and carry away the same, shall be sec. 5456, R.S. fined not more than five thousand dollars, or imprisoned Penait y- lot more than ten years, or both. Whoever shall embezzle, steal, or purloin any money, property, record, voucher, or valuable thing whatever, o :he moneys, goods, chattels, records, or property of the Jnited States, shall be fined not more than five thousand sec - l dollars, or imprisoned not more than five years, or both. Penalty. 180 ARMY AND NAVY PENSIONS. Seeders,' etc., Whoever shall receive, conceal, or aid in concealing, o property! ^ ubliCsna ll have or retain in his possession with intent to con i& A Bt& x i?' l O9, vel> t to his own use or gain, any money, property, recorc sec. 2. voucher, or valuable thing whatever, of the money goods, chattels, records, or property of the United State which has theretofore been embezzled, stolen, or pur loined by any other person, knowing the same to hav been so embezzled, stolen, or purloined, shall be fined no more than five thousand dollars, or imprisoned not mor than five years, or both; and such person may be trie either before or after the conviction of the principa offender. Destr?ying 8 etc., Whoever shall willfully and unlawfully conceal, re pl s*ec C S3 r R's move, mutilate, obliterate, or destroy, or attempt to con ceal, remove, mutilate, obliterate, or destroy, or, wit intent to conceal, remove, mutilate, obliterate, destroy or steal, shall take and carry away any record, proceec ing, map, book, paper, document, or other thing, filed o deposited with any clerk or officer of any court of th United States, or in any public office, or with any ju dicial or public officer of the United States, shall b Penalty. fined not more than two thousand dollars, or imprisoned not more than three years, or both. id., sec. 129. Whoever, having the custody of any record, proceeding ords e byofficer1nmap, book, document, paper, or other thing specified ir sec. 5408, R.S. the preceding section, shall willfully and unlawfully con- ceal, remove, mutilate, obliterate, falsify, or destroy an} such record, proceeding, map, book, document, paper, 01 Penalty. thing, shall be fined not more than two thousand dollars or imprisoned not more than three years, or both; anc shall moreover forfeit his office and be forever afterwards disqualified from holding any office under the Govern ment of the United States. E d xtoSio?' by Every officer, clerk, agent, or employee of the Unitec Of lec al 548i R s States, and every person representing himself to be 01 act Jun^s^im assuming to act as such officer, clerk, agent, or employee 34 stat. L., 546. who, under color of his office, clerkship, agency, or em ployment, or under color of his pretended or assumec office, clerkship, agency, or employment, is guilty o: extortion, and every person who shall attempt any aci which if performed would make him guilty of extortion Penalty. shall be fined not more than five hundred dollars, or im prisoned not more than one year, or both. CRIMINAL LAW AND PROCEDURE. 181 Whoever shall, under a threat of informing, or as a ^onion 5 ' by [consideration for not informing j against any violation informer - 'of any law of the United States, demand or receive any money or other valuable thing, shall be fined not more than two thousand dollars, or imprisoned not more than Penalty. one year, or both. Whoever, having knowledge of the actual commission id.,sec.i46. Misprision ol | of the crime of murder or other felony cognizable by the fel f w R g 'courts of the United States, conceals and does not as soon as may be disclosed and make known the same to some one of the judges or other persons in civil or mili- tary authority under the United States, shall be fined not jmore than five hundred dollars, or imprisoned not more Penalty. than three years, or both. Whoever directly commits any act constituting an of- who^re 32 'rin- fense defined in any law of the United States, or aids cipais. o6CS. Oo^o SHU. abets, counsels, commands, induces^ or procures its com- 5427 * 11 - 8 - mission, is a principal. Whoever, except as otherwise expressly provided by p^ n ghmen't oi law, being an accessory after the fact to the commission ^g^ s s ori ff3 3 ^d of any offense defined in any law of the United States, 5535 ' R - S - shall be imprisoned not exceeding one-half the longest term of imprisonment, or fined not exceeding one-half the largest fine prescribed for the punishment of the principal, or both, if the principal is punishable by both fine and imprisonment; or if the principal is punishable by death, then an accessory shall be imprisoned not more than ten years. All offenses which may be punished by death, or im- Feio S nTes 335 'and prisonment for a term exceeding one year, shall be deemed misdemeanors de- felonies. All other offenses shall be deemed misdemeanors. The repeal of existing laws or modifications thereof i d ^ed 3 rights, embraced in this title shall not affect any act done, or etc - not affected: any right accruing or accrued, or any suit or proceeding had or commenced in any civil cause prior to said repeal or modifications, but all liabilities under said laws shall continue and may be enforced in the same manner as if said repeal or modifications had not been made. All offenses committed, and all penalties, forfeitures, or p d ^ s f e ' cSions liabilities incurred prior to the taking effect hereof, under a any law embraced in, or changed, modified, or repealed by this title, may be prosecuted and punished in the same manner and Avith the same effect as if this Act had not been passed. 182 ARMY AND NAVY PENSIONS. I M sec. 344. AH ac S O f limitation, whether applicable to civil causes! Acts of liniita- tion - and proceedings, or for the recovery of penalties or for- 1 feitures, embraced in, modified, changed, or repealed b}| this title, shall not be affected thereby; and all suits oil proceedings for causes arising or acts done or committee I prior to the taking effect hereof may be commenced anc prosecuted within the same time and with the same effecl as if said repeal had not been made. in'' Set 45 jan This Act shall take effect and be in force on and aftei i, 1910. tj ie fi rs jay o f January, nineteen hundred and ten. ltatute 4 of R iimi- -^ P ers on shall be prosecuted, tried or punished foi ta Acts 8 ' Apr 30i any offense not capital, except as provided in section one stat L^iiQ-fApr 1 . thousand and forty-six, unless the indictment is found L 3 ',32 8 , 7 33. 19 stat 'or the information is instituted within three years nexi| after such offense shall have been committed. But thi act shall not have effect to authorize the prosecution, tria or punishment for any offense, barred by the provision of existing laws. fteerng 5 ' \om Nothing in the two preceding sections shall extend t< JU Act e ' Apr 30, an y P erson fleeing from justice. 1 1790, sec. 32, 1 _ _ Stat. L., 119. 1 Sec. 1043 relates to capital offenses. Chapter XL REGULATIONS AND INSTRUCTIONS RELATING TO PENSION CLAIMS. DECLARATIONS AND EVIDENCE. PENSIONS TO SURVIVORS OF WARS PRIOR TO MAR. 4, 1861, AND THEIR WIDOWS. PENSIONS TO INVALIDS SINCE MAR. 4, 1861. EVIDENCE REQUIRED IN INVALID CLAIMS. NAVY SERVICE PENSIONS. PENSIONS TO WIDOWS SINCE MAR. 4, 1861. PENSIONS TO MINORS SINCE MAR. 4, 1861. PENSIONS TO HELPLESS CHILDREN. PENSIONS TO DEPENDENT RELATIVES. CLAIMS FOR RENEWAL AND RESTORATION. PENSIONS TO ARMY NURSES. DIVISION OF PENSION, ACT OF MAR. 3, 1899. CLAIMS FOR SHARE OF PENSION OF INMATES OF THE GOVERNMENT HOSPITAL FOR THE INSANE. CLAIMS FOR PAYMENT OF PENSION TO WIVES OF INSANE PENSIONERS, OR TO WIVES OF PENSIONERS UNDERGOING IMPRISONMENT. ACCRUED AND REIMBURSEMENT CLAIMS. WITNESSES AND TESTIMONY. COPIES OR ORIGINALS OF PAPERS. MISCELLANEOUS. REGULATIONS AND INSTRUCTIONS RELATING TO PENSION CLAIMS. DECLARATIONS AND EVIDENCE. All declarations and affidavits must be executed before some officer duly authorized to administer oaths for general purposes, in ac- cordance with the provisions of the act of Congress approved July 26, 1892, page 81. Blank forms of declarations will be furnished to claimants upon application therefor. They will not be furnished to agents or at- torneys in bulk, but sample forms will be sent on request. A claimant may prosecute his claim by attorney or in person, and if he prosecute it in person it will receive the same consideration by the Bureau of Pensions as it would receive if prosecuted by an at- torney. PENSIONS TO SURVIVORS OF WARS PRIOR TO 1861, AND TO THEIR WIDOWS. 1. War of the Revolution, service pensions. (a) Widows of soldiers who served for 14 days or more, or were in battle during the war, are entitled, provided they have not remarried, to $8 per month from March 9, 1878, and $12 per month from March 19, 1886. (5) The widow of a Revolutionary soldier who, in his lifetime, was granted a pension, is entitled, under section 4743, Revised Statutes. to pension at the same rate as was paid the husband, notwithstanding remarriage, upon proof of present widowhood, (c) There is no law granting pension to the daughters or other descendents of soldiers 183 184 ARMY AND NAVY PENSIONS. of the Kevolution. The daughters of Kevolutionary soldiers now drawing pensions were placed on the pension roll by special acts of Congress. 2. War of 1812, service pensions. (a) Under the act of March 9, 1878, soldiers and sailors who served 14 days or more, or were in any engagement, during this war, and were honorably discharged, and the widows of such soldiers and sailors, irrespective of the date of marriage, are entitled to $8 per month from March 9, 1878. Under the act of March 19, 188G, widow pensioners mentioned in this para- graph are entitled to $12 per month from that date. (&) There is | no law granting service pensions to the descendents of soldiers or sailors of the War of 1812. 3. Indian wars from 1832 to 184%, service pensions. (a) The ac of July 27, 1892. provides pensions for the surviving officers anc enlisted men, including marines, militia, and volunteers, who were in the military or naval service of the United States for 30 days in the Black Hawk War, the Creek War, the Cherokee disturbances, or the Florida War \vith the Seminole Indians, and were honorably discharged ; or who were personally named in any resolution of Con gress for specific services therein ; and for their widows, providec they have not remarried. Claimants under this act must be actua and bona fide residents of the United States at the date of making application. All pensions under this act are fixed at $8 per month irrespective of rank, are not subject to increase for any cause, 1 anc are payable from July 27, 1892; the pension of a widow whose husband was living on that date commences from the day of his death. Indian ivars from 1817 to 1858. The provisions of the foregoing act of July 27, 1892, were extended by the act of June 27, 1902, from the date of its passage, to the surviving officers and enlisted men, in- cluding marines, militia, and volunteers of the military and naval service of the United States who served for 30 days or more and were honorably discharged under the United States military, State, Terri- torial, or provisional authorities in certain specified Indian wars occurring from 1817 to 1858. This act also made provision for the surviving widows, who have not remarried, of such officers and men. In establishing these claims a record of pay by the United States is accepted to prove record of enlistment and service. Indian wars, etc., from 1855 to 1860. The provisions of the fore- going act of July 27, 1892, were extended by the act of May 30, 1908, to the surviving officers and enlisted men of the Texas volunteers who served in the defense of the frontier of that State against Mexican marauders and Indian depredations from the year 1855 to the year 1 Sec. 1, act Apr. 19, 1908, establishes a minimum rate of $12 per month for all pensions granted to widows. After that date the rate allowable to the widows of officers and en- listed men who served in the Indian wars is increased from $8 to $12 per month. BEGULATIONS AND INSTRUCTIONS. 185 [I860, inclusive, and to the surviving widows, who have not remarried, such officers and men. In establishing these claims, where there is no record of enlistment or muster into the service of the United States, the fact of reimbursement to the State of Texas by the United States, as evidenced by the muster rolls and vouchers on file in the ! War Department, shall be accepted as full and satisfactory proof of enlistment and service. 4. Mexican War, service pensions. (a) Under the act of January 129, 1887, officers and enlisted men who were in the military or naval service of the United States for 60 days in the Mexican War, or on the coasts or frontier thereof, or en route thereto, or who were in a >attle and were honorably discharged, or who were personally named in any resolution of Congress for specific services therein, are entitled to pension if 62 years of age; or, if not, upon proof of pensionable disability or dependence, but disability incurred while voluntarily aiding or abetting the late rebellion does not give title to pension. Widows of officers and enlisted men who served as above are en- itled to pension upon the same conditions as to age or dependence as apply to officers and enlisted men. (c) Pensions under this act com- mence on January 29, 1887, if a pensionable condition existed at that date, in survivors' claims, by reason of age, dependence, or disability, and in widows' claims, by reason of age or dependence ; if not, then on ;he date the applicant becomes 62 years of age, or dependent, or dis- abled within the meaning of the law. (d) The rate of pension to survivors is $8 per month, irrespective of rank. This rate for sur- vivors was increased by the act of January 5, 1893, to $12 per month, )ut its benefits were limited to those who were pensioners on Janua^ 5, 1893. To secure this increase the act requires that a pensioner must show that he is Avholly disabled for manual labor and in such destitute circumstances that $8 per month is a sum insufficient to pro- vide him with the necessaries of life. The act of April 23, 1900, re- moved the limitation imposed in the act of January 5, 1893. The act >f March 3, 1903, pensions all survivors of the Mexican War at $12 3er month, irrespective of the conditions named in the act of January ), 1893, and the act of April 23, 1900. (e) The pension to a widow under this act is $8 per month, and is not subject to increase. 1 (/) Descendants of deceased Mexican soldiers are not entitled to service pension. Act of February 6, 1907. Under this act any person who served 60 days in the War with Mexico in the military or naval service of the United States and has been honorably discharged therefrom, and who las reached the age of 62 years or over, is entitled to a pension at the 1 Sec. 1, act Anr. 19, 1908, establishes a minimum rate of $12 per month for all pen- sions granted to widows. After that date the rate allowable to the widows of officers and enlisted men who served in the Mexican War is increased from $8 to $12 per month. 186 ARMY AND NAVY PENSIONS. following rates, irrespective of rank: At 62 years, $12 per month; at 70 years, $15 per month ; and at 75 years or over, $20 per month. Pension commences from the date of filing claim in the Bureau of Pensions subsequent to February 6, 1907, after attaining the speci- fied age. 5. Pensions for disability or death due to service prior to March ^ 1861. (a) Soldiers who were wounded or injured, or who contracted disease in the line of duty, are entitled to pension corresponding in rate to the degree of the disability incurred in the service. Persons who rendered naval service are entitled to a like pension, under the same conditions, excepting that no pension may be granted to an en- gineer, fireman, or coalheaver for disability incurred prior to August 31, 1842. (b) The widows, or children under 16 years of age, o: soldiers who served prior to March 4, 1861, are entitled to pension, ij the soldier's death was due to causes originating in time of actua war, and not otherwise. Widows, or children under 16, of sailors who served prior to March 4, 1861, are entitled to pension only when th< death of the sailor occurred in the service and in the line of duty (c) Pensions mentioned in this paragraph, if not applied for within three years from the discharge or death of the person on whose ac count the right to pension exists, or within three years of the termina tion of a pension previously granted on account of the service am death of such person, commence from the date of filing, by the per son prosecuting the claim, of the last paper necessary to establish it (d) The rate of pension allowed to one whose pensionable right, accrued prior to March 4, 1861, is subject to variation, after July 25 1866, in accordance with the laws passed since March 4, 1861. (e) There is no provision of law granting pensions to the parents, brothers, or sisters of persons who rendered military or naval service prior to March 4, 1861. PENSIONS TO INVALIDS SINCE MARCH 4, 1861. Sections 4692 and $93, Revised Statutes. The declaration should set forth the company and regiment in which the applicant served, the name of the commanding officer of the company or organization, and the dates of enlistment and discharge, with personal description at enlistment. In Navy cases, the vessels on which claimant served should be stated. If the claim is made on account of a wound or injury, the declaration should set forth the nature and locality of the wound or injury, the time when, the place where, and the circum- stances under which it was received, and the duty upon which the applicant was engaged. If the wound or injury was accidental, the applicant should state whether it happened through his own agency, or that of other per- sons, and he should detail minutely the circumstances under which it was received. REGULATIONS AND INSTRUCTIONS. 187 If the claim is made on account of disability from disease, the applicant should state in said declaration when the disease first ap- peared, the place where he was when it appeared, and the duty upon which he was engaged at the time. He should also detail the circum- stances of exposure, and the causes which, in his opinion, produced the disease. Whether the application be made on account of dis- ability from wound, injury, or disease, the claimant should state the names, addresses, and localities of all hospitals in which he received medical or surgical treatment, giving the dates of his admission thereto, as correctly as he may be able. The applicant should state whether he was in the military or naval service prior to, or after, the term of service in which his disability originated. The applicant should state his post-office address, including street and number, or rural free delivery route, if any. The identity of the applicant must be shown by the testimony of two competent, credible witnesses, who must appear with him be- fore the officer whose jurat is attached to the declaration. EVIDENCE REQUIRED IN A CLAIM FOR INVALID PENSION. As soon as practicable after the receipt of an application for pen- sion a call will be made by the Bureau of Pensions, in Army cases, upon the Adjutant General, United States Army, for the full military and medical history of the applicant, as shown by the records of the War Department. In Navy cases, calls for such evidence will be made upon the proper bureaus of the Navy Department. When the records of the War or Navy Departments do not furnish satisfactory evidence that the disability on account of which the claim is made originated in the service of the United States, and in the line of duty, the claimant will be required to furnish such evi- dence, in accordance with the instructions hereinafter given, and compliance with such requirement must be full and definite. If the disability resulted from a wound or injury, the nature and location of the wound or injury, the time when, the place where, and the manner in which it was received, whether in battle or otherwise, should be shown by the evidence of someone who was a commissioned officer and had personal knowledge of the facts. If the person called upon to give evidence is still in the service as a commissioned officer, his certificate will be accepted in lieu of his affidavit. If there is no record of the disability claimed, the applicant will be called upon to furnish the testimony of the surgeon by whom he was treated, showing the location and nature of the wound or injury, and the circumstances under which it was received. If the disability arose from disease, the testimony of the person who was surgeon or assistant surgeon of the regiment to which the appli- 188 ARMY AND NAVY PENSIONS. cant belonged, or of the vessel on which he served, should be fur- nished, if possible, showing the name or nature of the disease, the I time when, the place where, it was contracted, and the circumstances I of exposure to the causes which, in his opinion, produced the same. I The surgeon should state whether, in his opinion, the habits of the applicant were contributory to the origin or development of the disease. In any claim, whether based on wound, injury, or disease, if it be shown that the testimony of a surgeon, assistant surgeon, or other commissioned officer, can not be produced as evidence of the origin of the disability alleged, the testimony of other persons having personal knowledge of the facts will be considered. In a claim on account of disability from disease, the applicant must furnish the testimony of physicians who have attended him since the date of discharge, explicitly setting forth the history of the disease and the disability since its first appearance. It is espe- cially important that the physician who first attended the applicant after his discharge state the date at which the attendance commenced and the condition found at the time. If it should not be possible for the applicant to show the condition of his health during the whole period since the date of his discharge by the testimony of physicians, the cause of his inability to do so should be stated by him, under oath. The testimony of other persons on this point may then be presented. Statements of witnesses in regard to the manner in which the appli- cant was affected should be full and definite, and should show how such witnesses obtained a knowledge of the facts to which they testify. Act of June 27, 1890, as amended ~by act of May 9, 1900. Any officer, soldier, sailor, or marine who served 90 days or more in the military or naval service of the United States during the late War of the Rebellion, who has been honorably discharged therefrom, and who is suffering from disability of a permanent character, not the result of his own vicious habits, which incapacitates him from the performance of manual labor in such a degree as to render him unable to earn a support, is entitled to a pension under this act of not less than $6 nor more than $12 per month. The act of May 9, 1900, amending the act of June 27, 1890, pro- vides that, in determining inability to earn a support, each and every infirmity shall be considered, and the aggregate of the disabilities shown be rated. These acts require an honorable discharge from each and every term of service rendered during the War of the Rebel- lion. A modification of this requirement has resulted, by reason of the provisions of section 2 of the joint resolution of July 1, 1902, as amended by the joint resolution of June 28, 1906. As the law now stands the honorable discharge of any soldier or sailor from REGULATIONS AND INSTRUCTIONS. 189 any subsequent contract of service entered into by him during the late War of the Rebellion is regarded as an honorable discharge from all previous contracts of service previously entered into by him with the United States during the said war, if the service under such sub- sequent contract was for not less than six months, and was faithful, and if he had not received by reason of the subsequent service any bounty or gratuity, other than from the United States, in excess of that to which he would have been entitled if he had continued to serve faithfully until honorably discharged under any contract of service previously entered into by him during the War of the Re- bellion. The limitation of section 4716, Revised Statutes, operated against claimants under these acts until July 1, 1902, the date of the passage of the joint resolution above referred to, the first section of which removed the limitation as to disloyalty, except as to those who enlisted in the Army or Navy of the United States after January 1, 1865. Act of February 6, 1907. By the terms of this act any person who served 90 days or more in the military or naval service of the United States during the late Civil War, and who has been honorably dis- charged therefrom, is entitled to a pension at the following rates, irrespective of rank: At 62 years of age, $12 per month; TO years of age, $15 per month; 75 years or over, $20 per month. Pension commences from the date of filing claim in the Bureau of Pensions, subsequent to February 6, 1907, after attaining the specified age. The bases of title under this act, except as herein otherwise stated, are the same as under the act of June 27, 1890, as amended by the act of May 9, 1900. Claims for increase of invalid pensions. The pensioner who may deem himself entitled to an increase of pension should file a declara- tion setting forth the grounds upon which he bases his claim for increase. Upon the receipt of a declaration the claimant will be advised of the evidence necessary to complete his claim, and, if it is warranted, a medical examination will be ordered. An order for medical examination will not issue where the claimant is in receipt of the maximum rate, under the law and the rulings of the department, for the pensioned disability, such as " loss of sight of one eye," "total deafness of one ear," "hernia," "loss of limb," or any other specific or minor specific disability, for which the rate is fixed by law or departmental rulings, and where no complications are shown. Claimant will be notified that he is receiving the maxi- mum rate of pension for the pensioned disability. Claims for renewal of pension. Application for renewal of pen- sion must be made by a declaration executed as in original claims, setting forth that the cause for which pension was granted still continues. 190 ARMY AND NAVY PENSIONS. In cases of unclaimed pensions (sec. 4719, R. S.) there must be] filed evidence specifically accounting for the failure to claim the I pension, and, in the case of invalids, medical evidence showing the j continuance of the disability on account of which pension was allowed. NAVY SERVICE PENSIONS. Under sections 4756 and 4757, Revised Statutes, pensions for 20 years' service and for 10 years' service, respectively, are alloAved by the Secretary of the Navy to enlisted men and appointed petty officers who have not been discharged for misconduct. Pension commences from the date of filing the claim therefor in the Navy Department ; and for 20 years' service amounts to one-half the monthly pay of the applicant's rating at his discharge ; for 10 years' service the pen- sion can not exceed the rate for total disability and is fixed, as is also its duration, by the Navy Department. An application for pen- sion under the sections referred to should be made to the Secretary of the Navy, and all subsequent communications should be addressed to the Chief of the Bureau of Navigation, Navy Department, Washing- ton, D. C. PENSIONS TO WIDOWS SINCE MARCH 4, 1861. Sections 4?02 and IflOS, Revised Statutes. To obtain title to pen- sion under these sections it must be shown that the soldier or sailor died of a disability contracted in the service and in the line of duty. The date, place, and cause of death of the soldier or sailor through whom the pension is claimed should be shown by a verified transcript of the public record. When the public record is indefinite as to the cause of death, and when it is necessary to show the pathological con- nection between the death-cause as shown in the record and the dis- ability as proven of service origin, the testimony of the attending physician should be filed, giving a full history of the soldier's fatal illness and the mode and manner of death, but when this is impos- sible the testimony of other persons who are acquainted with the cir- cumstances may be furnished. Proof of marriage. The marriage of the applicant to the person on account of whose service and death the claim is m^de should be shown (1) By a duly verified copy of a public or church record ; or (2) By the affidavit of the clergyman or magistrate who officiated ; or (3) By the testimony of two or more eyewitnesses to the cere- mony; or (4) By a duly verified copy of the church record of baptism of the children; or (5) By the testimony of two or more witnesses who know that the parties lived together as husband and wife, and were recognized as KEGULATIONS AND INSTRUCTIONS. 191 such, and who shall state how long, within their knowledge, such cohabitation continued. Section 4705, Revised Statutes, provides that in the claims of the widows and children of colored and Indian soldiers and sailors there need be no 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 the date of his death. Proof of dates of ~birth of cMldren. The dates of birth of children should be proved (1) By a duly verified copy of the public record of births, or the church record of baptism; or (2) By the affidavit of the physician who attended the mother; or (3) By the testimony of persons who were present at the births, who should state how they are now able to fix the precise dates. If any child of the person on whose account the claim is made died after the date at which the widow's pension would commence, the date of death must be shown. Act of June 27, 1890, as amended ~by act of May 9, 1900. Pensions under these acts are granted to widows upon proof (1) That the soldier or sailor served at least 90 days during the War of the Rebellion. (2) That he was honorably discharged. (3) That he is dead, but his death need not have been the result of his Army or Navy service. Under the act of March 13, 1896, the death of the soldier or sailor may be presumed. (4) That the widow is without means of support other than her daily labor and an actual net income not exceeding $250 per annum. (5) That she married the soldier or sailor prior to June 27, 1890. Act of April 19, 1908. Pensions under this act are granted to widows upon proof (1) That the soldier or sailor served at least 90 days during the Oivil War. (2) That he was honorably discharged. (3) That he is dead, but his death need not have been the result of his Army or Xavy service. Under the act of March 13, 1896, his death may be presumed. (4) That she was married to the soldier or sailor prior to June 27, 1890. PENSIONS TO MINORS SINCE MARCH 4, 1861. Sections 4702 and 4703, Revised Statutes. To obtain title to pen- sion under these sections it must be shown that the father of the 192 ARMY AND NAVY PENSIONS. minor children x died of a disability contracted in the service and ir the line of duty; and, in addition, proof must be furnished as follows : (1) The cause and date of the father's death, the marriage of the parents, and the dates of birth of the children, must be established, When, however, satisfactory proof upon these points has been fur- nished in the claim of the widow, it will not again be required in tht claim on behalf of the minors. (2) If the mother of the children is dead, the date of her death must be proved. If she remarried, her remarriage must be showr in the same manner that her marriage to. the father of the children is required to be established. If the claim is based on the fact thai the widow has abandoned the care of the children, or that she is ar unsuitable person, by reason of immoral conduct, to have the custod} of them, and such fact be duly certified under seal, by any courl having probate jurisdiction, the children are given a pensionable status by section 4706, Eevised Statutes, to the exclusion of tl widow, until they severally attain the age of 16 years, to commence from the date of last payment to the widow, if she be a pensioner and if not, from the date on which her pensionable rights accrued. (3) If the mother of the children died before the father, it musl be shown whether he again married. (4) It must be shown whether the father left any other pension- able child than the minors for whose benefit the claim is made, and if so, why such child was not mentioned in the application. A guar dian is not entitled on account of a child that died prior to th( date of the application for pension. Act of June 27, 1890, as amended ly act of May 9, 1900. Minoi children have title under these acts upon the death or remarriagu of the widow of the soldier or sailor. Where, however, the wido^ was married to the soldier or sailor subsequent to June 27, 1890 and his death-cause did not originate in the service and in the line oi | duty; or where she has forfeited her title to pension by open anc notorious adulterous cohabitation, the minor takes title, even thougl the widow be alive and unmarried. PENSIONS TO HELPLESS CHILDREN. The first proviso of the third section of the act of June 27, 1890 as amended by the act of May 9, 1900, continues the pension of i j minor child who is insane, idiotic, or otherwise physically or men tally helpless, after it becomes 16 years of age, during the life o: 1 1 A minor having no guardian may make and prosecute a claim in person or by nex friend, but, if the claim is allowed, payment of pension will be made to a duly appoints guardian oaly. If, iowever, the claim is filed by one who alleges th'at he is the lega guardian, Ms authority must be shown by a duly certified copy of his letters of guardian ship. REGULATIONS AND INSTRUCTIONS. 193 said child, or during the period of such disability. The benefits [of this proviso are extended to all pensions granted before June 27, 1890, or thereafter granted, under any statute. The pension fallowed by the proviso commences from the date of the filing of jthe application therefor in the Bureau of Pensions. In order to Jobtain title, the helplessness of the child must have originated prior jto attaining the age of 16 years, and have continued thereafter. PENSIONS TO DEPENDENT RELATIVES. Section 4707, Revised Statutes. To obtain title to pension under ;his statute, it must be shown that the soldier or sailor died of a disability contracted in the service and in line of duty. Dependent mothers. A mother must show her relationship, the date and cause of the son's death, whether he left a widow or minor children surviving, and her dependence upon him for support at ;he time of his death. In proof of dependence, it must be shown that previous to the date of the said son's decease, her husband had died, or that he lad permanently abandoned her, or that, on account of disability Tom injury or disease, he was unable to support her. If the hus- >and is dead, the date of his death must be proved. If he abandoned he support of his family, the date of the abandonment, and all the ! acts of the case, showing whether he ever returned, or ever after- wards contributed to the support of the claimant, must be fully set :orth. If he was disabled, the nature and cause of the disability, when, and to what extent, it rendered him unable to support the claimant, must be shown by the testimony of his physician. The extent of his disability during the period from the son's death to ;he present time should also be shown. The value of the property of the claimant and her husband, the ncome derived therefrom, and the other means of support possessed >y her, while she was receiving the contributions of the son on account )f whose service and death pension is claimed, and from that time o the present, should be shown by the testimony of credible and lisinterested witnesses, who must state how they know the facts. The value of property assessed for taxation may be shown by the ;estimony of the officer having custody of the records relative thereto, who should also state the ratio of the assessed to the actual or cash ralue of such property. It must be shown to what extent, for what period, and in what manner, her said son contributed to her support, by the testimony )f persons for whom the son labored, to whom he paid rent, of whom he purchased groceries, fuel, clothing, or other necessary articles for the mother's use, or of those who otherwise had a knowl- 8001 12 14 194 ARMY AND NAVY PENSIONS. edge of the contributions of the son, and who must state how the} obtained such knowledge. Any letter from the son, bearing upor the question of support, should be filed. If the son, in any otheij manner than by actual contributions, acknowledged his obligatlor! to support his mother, or was, by law, bound to such support, tht facts should be shown. Dependent fathers. A father claiming a pension on account o: the death of a legitimate son, upon whom he was dependent for sup port, must prove (1) The cause of his son's death; That said son left no widow or minor child surviving; The cause and extent of claimant's disability during the period ii which the son contributed to his support, and from that time to tin present; , The amount of his property, and all other means of support pos sessed by him during that period, and the extent of his dependence upon his son for support. The facts of the case, in each respect, should be shown by sucl testimony, as is required in the claim of a mother. (2) The date of the claimant's marriage to the mother of tin soldier or sailor, the date of birth of the son, and the date of th< death of said mother, must be proved. In case the mother applied for pension, reference should be mad' to her application, and the number of the same, or of her certificate should be given. Evidence upon any point established in a mother' claim will not again be required. Minor brothers and sisters. In a claim on behalf of minor brother and sisters, there must be proved The cause and date of death of the brother on whose account th< claim is made; His celibacy; The dates of death of the mother and father, or death of the fathe b and remarriage of the mother; The dates of birth of the claimant and other dependents upon th brother for support. If the mother or father applied for pension, the number of his o her application, or of his or her certificate, should be given. Evidence upon any point established in the claim of the mothe or the father will not again be required. In the administration of the pension laws no distinction is mad between brothers and sisters of the half-blood and those of the whoL j blood. 1 . a 1 A minor having no guardian may make and prosecute the claim in person or by nex I friend ; but if the claim is allowed, payment of pension will be made to a duly appointe | guardian only. If, however, the claim is filed by one who alleges that he is the legs I guardian, his authority must be shown by a duly certified copy of his letters of guai I dianship. REGULATIONS AND INSTRUCTIONS. 195 Act of June 27, 1890 (construed as amending sect. Jfl07, R. $., as to dependent parents}. The same evidence is required in claims under this act as under section 4707, Kevised Statutes, in its original form, f except as to contributions by the soldier or sailor, and as to date of [dependence, which is removed from the date of the soldier's or sailor's death to the date of the filing of the application for pension under [this law. The rate of pension under section 4707, Revised Statutes, in its original form, and under section 1 of the act of June 27, 1890, is i governed by the rank of the soldier or sailor on account of whose [service and death pension may be claimed. If the claim is prosecuted under section 4707, Revised Statutes, the Attorney's fee may be $25; if prosecuted under section 1 of the act of June 27, 1890, the fee is $10. CLAIMS FOR RENEWAL AND RESTORATION. Application for renewal of pension (sec. 4719, R. S.) must be sub- imitted to the Commissioner of Pensions by a declaration executed as in an original claim, setting forth fully the reasons for failure to (draw pension, accompanied by evidence satisfactorily accounting for such failure. The act of March 3, 1901, amending section 4708, Revised Statutes, and the act of February 28, 1903, amendatory of said act of 1901, provide for restoration of pension to certain remarried widows on renewed widowhood. The applicant under these acts must show that she was the wife of the officer, soldier, or sailor during the period of his service in any Avar ; that her name was dropped from the roll by reason of her marriage to another person, who has since died, or from whom she has been divorced upon her application, and without fault on her part ; and that she is without other means of support than her daily labor and a net income not exceeding $250 per annum. The fact that the widow was originally barred from pension by the terms of the act of March 3, 1865, by reason of her remarriage, does not deprive her of title to restoration under the act of February 28, 1903. PENSIONS TO ARMY NURSES. Act of August 5, 1892. By this act all women employed by the Surgeon General of the Army as nurses during the late War of the Rebellion, for a period of six months or more, and who were honor- ably relieved from such service, are entitled to a pension, provided they are unable to earn a support. Applications for pension under this act should be made in the form prescribed by the Commissioner of Pensions. 196 ARMY AND NAVY PENSIONS. DIVISION OF PENSION. Act of March 3, 1899. Applications for division of pension under this act will be adjudicated in accordance with the following rules : RULE 1. All claimants under the act of March 3, 1899, will be required to file with their declarations proof in support thereof sufficient to establish a prima facie case under the law. RULE 2. Where the claim is filed by the wife, alleging that the pensioner has deserted her for a period of over six months sub- sequent to March 3, 1899, and prior to the filing of the declara- tion, the declaration must be accompanied by evidence show- ing that she is the wife of the pensioner; that the pensioner has deserted her for the period alleged in the declaration, and that she is a woman of good moral character and in necessitou circumstances. RULE 3. Where the claim is filed by the wife, alleging that the pensioner is an inmate of a State Soldiers' or Sailors' Home, or a National Soldiers' Home, the declaration must be accompaniec by evidence showing that the claimant is the 'wife of the pen sioner and that she is a woman of good moral character and in necessitous circumstances. RULE 4. Where the claim is filed by or on behalf of the minoi child or children, under sixteen years of age, of a pensioner alleging that pensioner has deserted said child or children, th( declaration must be accompanied by evidence showing the mar riage of the parents; the date of birth of each child; death 01 divorce of the mother of the minor child or children, or that sh( has no title under the said act ; that the pensioner has deserte< such child or children for the period alleged ; and, in the evenl of the death or divorce of the mother of the minor child or chil- dren, that the pensioner had not remarried prior to the statutoi date of desertion, or that his present wife has no title und( said act. RULE 5. Where the claim is filed by or on behalf of the minoi child or children, under sixteen years of age, of the pensioner, alleging that the pensioner is an inmate of a State Soldiers' 01 Sailors' Home or a National Soldiers' Home, the declaration mm be accompanied by evidence showing the marriage of the parents : date of the birth of each child ; the death or divorce of the mother of the minor child or children ; or that she has no title under the act of March 3, 1899 ; and, in the event of the death or divorce of: the mother of said minor child or children, that the pensioner had not remarried prior to the statutory date of entrance intc the Home, or that his present wife has no title under said act. RULE 6. Where the claim is filed by >r on behalf of a per- manently helpless and dependent child of a pensioner, alleging;. ' REGULATIONS AND INSTRUCTIONS. 197 that pensioner has deserted such child, the declaration must be accompanied by evidence showing the marriage of the parents; the date of birth of the child ; the death or divorce of the mother of the child, or that she has no title under the said act ; that the pensioner has deserted such child for the period alleged; that the child is permanently helpless and dependent; and in the event of the death or divorce of the mother of such child, that the pensioner had not remarried prior to the statutory date of desertion, or that his present wife has no title under said act. RULE 7. Where the claim is filed by or on behalf of a per- manently helpless and dependent child of a pensioner, alleging that pensioner is an inmate of a State Soldiers' or Sailors' Home or a National Soldiers' Home, the declaration must be accom- panied by evidence showing the marriage of the parents ; the date of birth of the child ; the death or divorce of the mother of such child ; or that she has no title under the act of March 3, 1899 ; that such child is permanently helpless and dependent; and in the event of the death or divorce of the mother of said child that the pensioner had not remarried prior to the statutory date of entrance into the Home, or that his present wife has no title under said act. RULE 8. A declaration, unaccompanied by evidence as indicated herein sufficient to establish a prima facie case, will not be con- sidered as conferring any right upon the claimant, or as serving notice upon the Bureau sufficient to warrant the suspension or the withholding of any part of the pension due or owing to the pensioner. Upon the receipt of a declaration, unaccompanied by evidence as indicated herein, it should be promptly returned to the claimant with a notification that until the application is perfected in accordance therewith it can not be considered. RULE 9. Upon the filing by the wife, minor child or children, or permanently helpless and dependent child of a pensioner, of a declaration accompanied by sufficient evidence to show a prima facie case under the act of March 3, 1899, the United States pen- sion agent will at once be instructed to suspend payment of one- half of the unpaid pension due the pensioner for the period from the date of statutory desertion, or his entrance into a State or National Soldiers' Home, and to withhold from him one-half of the pension due and payable to him for the period from the date of the filing of the declaration, and during the pendency of the claim under the act cited. The United States pension agent, upon the receipt of a notice from the Commissioner of Pensions to suspend payment of one- half the pension of the pensioner, will make a record entry thereof, and promptly acknowledge receipt of said notice of sus- 198 ARMY AND NAVY PENSIONS. pension, and thereafter he will make no payment of the one-half suspended portion of the pension to any person until further directed by the Commissioner of Pensions. In case the pensioner is an inmate of a National Soldiers' Home, the treasurer of said Home will, on the same date of the notice of suspension to the United States pension agent, be duly advised, through the Governor of said Home, of said notice of suspension. If, on the date of receipt of said notice by the treas- urer of the Home, he shall be in possession of any unexpended pension money drawn in pensioner's behalf, or to which the pen- sioner became entitled during his residence in said Home subse- quent to March 3, 1899, the treasurer shall withhold and retain in his possession one-half of said unexpended pension money, subject to the future order of the Commissioner of Pensions. RULE 10. The filing of an application by a claimant under the act of March 3, 1899, like an appeal by claimant or pensioner, shall serve the same purpose as a writ of supersedeas, or other similar writ, and shall stay further Bureau proceedings, so far as they involve further payment of the one-half of the pension in controversy, pending the adjudication of the claim by the Commissioner of Pensions. RULE 11. In all cases filed under the act of March 3, 1899, and allowed, the claimant is entitled to one-half of so much of the unpaid pension as is due or owing to the pensioner at the date of the filing of the declaration, and covering the period from the date of the statutory desertion, subsequent to the passage of the act of March 3, 1899, or covering the period from the entrance of the pensioner into a State Soldiers' or Sailors' Home or a Na- tional Soldiers' Home subsequent to the passage of the act of March 3, 1899. In cases of desertion, where the desertion oc- curred prior to the passage of the act of March 3, 1899, the date of statutory desertion will be accepted as March 4, 1899. In cases where the desertion occurred subsequent to March 3, 1899 (the date of the passage of the act), the date of the actual desertion will be accepted as the date of the commencement of the statutory desertion. No right can accrue to a wife-claimant until the pen- sioner has been in actual desertion for a period of over six months prior to the execution of her declaration, and no right of application by a wife, under the act, can accrue on account of desertion, until six months have expired from the date of such desertion. RULE 12. In cases filed under the act of March 3, 1899, where the pensioner is an inmate of a State Soldiers' or Sailors' Home or a National Soldiers' Home, the actual date of entrance into the Home subsequent to March 3, 1899, will govern. If at the date REGULATIONS AND INSTRUCTIONS. 199 of the passage of the act the pensioner was an inmate of a State Soldiers' or Sailors' Home or a National Soldiers' Home March 4, 1899, will be considered as the statutory date of the pensioner's entrance into the Soldiers' Home, and payment, if the claim is allowed, shall be one-half of so much of the pension as remained unpaid and due and owing to the pensioner at the date of the filing of the declaration. RULE 13. Where an increase of pension is allowed a pensioner subsequent to the allowance of a claim under the act of March 3, 1899, the beneficiary shall be entitled to one-half of only so much of the pension as is due the pensioner, covering the period subsequent to the statutory desertion established in the claim, or subsequent to the date of the entrance of the pensioner into the Soldiers' Home subsequent to the passage of the act of March 3, 1899. RULE 14. As promptness in the adjudication of claims filed under the act of March 3, 1899, is imperative, to avoid vexatious charges against one or the other, both the claimant and the pen- sioner will be required to answer calls made for evidence promptly. RULE 15. Where a prima facie case under the act of March 3, 1899, has been filed the pensioner will receive the usual notice of the filing of the claim, and will be allowed thirty days, as herein provided, from the receipt of said notice, to answer the allega- tions made therein. Where the pensioner has made answer, and in rebuttal filed evidence, the claimant will be allowed thirty days from the receipt of a notice of such evidence to answer same and complete the claim in accordance with the terms of the act of March 3, 1899. Should the claimant fail to complete the claim, or fail to give a satisfactory. reason for so doing, the case should be rejected, on the ground that claimant has failed to establish title within the meaning of the act of March 3, 1899. RULE 16. Where the pensioner receives the usual thirty-day notice of the filing of the claim under the act of March 3, 1899, and fails to make answer within thirty days from the receipt thereof, he will be considered as waiving his right of answer, and the registry return receipt card, or other evidence, showing his receipt thereof, will be considered as proof of service upon him of notice of the filing of the claim and his waiver of answer thereto. RULE 17. Upon the adjudication of a claim under the act of March 3, 1899, the Bureau will promptly notify both parties of the action taken, by registered letter, informing both that thirty days from the receipt of said notice will be allowed for the pur- pose of appealing from the decision of the Bureau, and there shall be inclosed, to both claimant and pensioner, a copy of Rules of 200 AEMY AND NAVY PENSIONS. Practice in Appealed Claims. No payment will be made until the expiration of said thirty days, unless the right of appeal shall be sooner waived : Provided, however, That the unexplained failure of a pensioner to appear, answer, or in any way plead to the claimant's application, after due notice thereof, shall be deemed a waiver of his right of appeal to the extent that, if the claim is allowed, final orders for division of pension shall issu< at once, RULE 18. Upon the filing of an appeal, in accordance with the rules of the Department, payment will be still suspended, pend ing the decision of the Department upon the appeal, as required by Rule 13 of Rules of Practice in Appealed Claims. RULE 19. If no appeal is filed within thirty days from the dat( as shown by the registry return receipt card, payment will b< made in all cases allowed, and suspension of payment will b< removed in all cases rejected, and the full amount of pensioi restored to the pensioner in the last-named cases. RULE 20. Any and all payments of one-half the pension t< any of the beneficiaries named in the first three provisos of said act of March 3, 1899, shall hereafter be made by and through the United States pension agents, and, in future, no payment shall be made to any of said beneficiaries by the treasurer of a National Soldiers' Home, except one-half of so much of the pen- sioner's pension as shall be in the hands of the treasurer of said Home, and unexpended, at the date of filing the claim under said act, in which case the treasurer shall withhold and disburse upon the order of the Commissioner of Pensions, as provided in Rule 9, supra. RULE 21. Applications for reconsideration or reopening of the Bureau action in cases under the first, second, or third pro- visos of the act of March 3, 1899, should be in the form of a motion, or petition, stating briefly, but specifically, the grounds upon which the application is based, and which, if true, would warrant a modification or reversal of the Bureau action. The motion should be accompanied by evidence sufficient, if true, to establish the grounds for reconsideration, or reopening, relied upon by the applicant, and by due proof of service of copies of the motion, or petition, and the supporting evidence upon the opposite party or his or her attorney. Proof of service must be such as will satisfy the Bureau that the opposite party has been informed of the motion, or peti- tion, and the supporting evidence, and may consist of, first, a written acceptance of service by the opposite party or his or her attorney of record; or second, a postal registry return re- ceipt card signed by the opposite party or attorney of record, KEGTJLATIONS AND INSTRUCTIONS. 201 accompanied by an affidavit showing that on a certain date copies of the motion, or petition, and the supporting evidence were mailed in a registered letter, postpaid, to the opposite party or the attorney of record, addressed to a certain post office (naming it) ; and that the card was returned in acknowledgment of receipt of such letter ; or third, an affidavit, showing that on a certain date and at a certain place copies of the motion, or peti- tion, and of the supporting evidence were personally delivered to the opposite party or his or her attorney of record. Applications for reconsideration, or reopening, not conform- ing to the foregoing requirements, or showing satisfactory reason why personal service can not be made, will not be considered by the Bureau, but will be promptly returned to the applicant, or his or her attorney of record, for compliance therewith. Upon the acceptance by the Bureau of Pensions of an application for reconsideration, or reopening, the opposite party will be advised, and allowed 30 days within which to answer or demur thereto. Payment of one-half of the pension in question will be suspended, pending the consideration of the application, and such suspension will be continued for a period of 30 days from the date of receipt of notice of the bureau action upon the application, to permit the filing of an appeal, unless the right of appeal shall have been waived by the party in interest. CLAIMS FOR SHARE OF PENSION PAID TO INMATES OF THE GOVERNMENT HOSPITAL FOR THE INSANE. Act of February #, 1909. By the terms of this act, the pension accruing to an inmate of the Government Hospital for the Insane must be paid to the superintendent or disbursing agent of such hos- pital, and the money so paid shall be disbursed and used, under the regulations prescribed by the Secretary of the Interior, for the benefit of the pensioner, and in the case of a male pensioner, his wife, minor children, and dependent parents, or, if a female pen- sioner, her minor children, if any, in the order named. All ques- tions affecting the right of a claimant to a share of the pension of an inmate of the hospital are determined upon evidence submitted to the Commissioner of Pensions, in accordance with the practice obtaining in such cases. The findings of the Commissioner of Pensions upon the evidence are submitted to the Secretary of the Interior for approval, and, upon the latter's direction, the disbursing officers of said hospital will make proper distribution of the pension money to the dependents enumerated in said act. Applications to the Commissioner of Pensions for allotment of a share of the pension in cases under the act of February 2, 1909, should be made under oath, and the applicant should state the re- 202 ARMY AND NAVY PENSIONS. lationship to the insane person, the certificate number of such person if known, the aggregate value of all property owned by the appli- cant, as well as the sources of income and means of support of said applicant. All allegations should be sustained by the testimony of persons competent to testify from personal knowledge of the facts, and the witnesses should state their ages, means of knowledge of the facts to which they testify, and their post office addresses, giving the street and number, or rural free delivery route, if any. In case the application is made by the wife, she should furnish a certified copy of the public or church record of her marriage to pensioner, or, if no such record exists, the affidavit of the person who performed the ceremony, or the testimony of competent witnesses, who were present at the marriage, showing the date thereof. If either applicant or pensioner had been previously married, the death or divorce of the former consort should be proved, in case of death, by a verified copy of the public or church record, or by the testimony of credible witnesses if no record of death exist; and, in case of divorce, by a certified copy of the decree of the court. If there was no prior marriage on the part of the applicant or the pensioner, this fact should be shown by the testimony of at least two credible witnesses who have known the applicant and the pensioner from the time they became of marriageable age. In the cases of minor children or dependent parents, the relation- ship of the applicants to the pensioner must be satisfactorily shown The application and the evidence necessary to establish the claim should be filed at the same time. CLAIMS FOR PAYMENT OF PENSION TO WIVES OF INSANE PENSIONERS, OR TO WIVES OF PENSIONERS UNDERGOING SENTENCE OF IMPRISONMENT. Act of August 5, 1882. Where an insane invalid pensioner has no guardian, and has a wife or children dependent upon him, the wife being a woman of good character, the Commissioner of Pensions is authorized, in his discretion, to cause the pension to be paid to the wife, upon her properly executed voucher, or, if there is no wife, to the guardian of the children, upon his properly executed voucher, and, in like manner, to make payment of the pension due invalid pen- sioners who are imprisoned for offenses against the law, to their wives, or the guardians of their children. Under this statute evidence showing the pensioner's insanity or im- prisonment, and, in the case of a wife, her good character, as well as the proof required in claims under the act of February 2, 1909, supra, must be furnished. ACCRUED AND REIMBURSEMENT CLAIMS. Act of March #, 1895. An accrued pension is payable, under the terms of this act, whether the certificate issues prior or subsequent to REGULATIONS AND INSTRUCTIONS. 203 death of the person entitled to the pension, first, to his widow, nd, if there is no widow, to his child or children under 16 years of ige, third, in case of a widow, to her minor children who were under 16 years of age at the date of her death. No other person is entitled :o receive the accrued pension, as a matter of righf , nor is it consid- d a part of the assets of the estate of the deceased pensioner. It is lot liable for the debts of the estate, in any case whatsoever, but inures o the sole and exclusive benefit of the widow or children. The proof ecessary to establish a claim for accrued pension is identical with :hat required to establish the claim of a widow or minor child to riginal pension, in so far as the relationship of the claimant for the ccrued pension and the pensioner is concerned. Full instructions ill be given by the Commissioner of Pensions to an applicant for (accrued pension as to the character of the evidence necessary to [establish a claim. A claim for reimbursement may be made by the person who bore the expenses of the last sickness and burial of any pensioner who idied, leaving no widow, or child under 16 years of age, surviving, provided the pensioner did not leave sufficient assets to meet such expenses. An application for reimbursement should be accompanied |by the following evidence : (a) Bills of all expenses of last sickness and burial. If paid by the claimant for reimbursement the bills must be properly receipted jto said claimant. If unpaid, the parties to whom said bills are due ishould note on each bill, over their signatures, that they hold the claimant responsible for the payment. If the bill be for medical treatment it must show the dates of visits or treatment and the charge for each. A bill for nursing and care must show the dates between which the services were rendered, and the rate per day or week. The bill of the undertaker must be itemized, and show the date on which the services were rendered. Each bill must show that the service was rendered for the pen- sioner on account of whom reimbursement is claimed. All claims should be presented in the name of one person. Bills which are forwarded become a part of the records of the Bureau of Pensions, and can not be returned. Claimants should therefore secure duplicates of such bills if needed by them. (b) The pension certificate which was issued in the name of the pensioner. If such certificate is not in possession of the claimant a statement showing its whereabouts or final disposition should be made. WITNESSES AND TESTIMONY. A declaration executed before an officer who is claimant's attorney is accepted by the Bureau of Pensions as good and valid, but under 204 ARMY AND NAVY PENSIONS. the practice such magisterial act vacates any rights which may be conferred on him in the power of attorney therein embodied. Evidence executed before an officer who is claimant's attorney or before any person who has a manifest interest therein will not be considered. It is field by the Secretary of the Interior, however, that evidence so executed, wherein the certificate of such officer contains a clause setting forth that "he is in nowise interested in the claim nor concerned in its prosecution " is good and valid, but the rights such officer may have had as attorney in the case are thereby aban- doned. All certificates of executing officers should certify that they have no interest in the claim. It is desirable that the facts required to be proved in the prosecu- tion of a claim for pension should, if possible, be shown by the testi- mony of persons other than near relatives of the claimant. Every fact required to be proved should be shown by the best evi-| dence obtainable. Every witness should state whether he has any interest, direct or indirect, in the prosecution of the claim in which he may testify, and should give his post-office address, with streei and number, or rural free-delivery route, if any. Witnesses should not merely confirm the statements of other par ties, but should give a detailed statement of the facts known to them in regard to the matter concerning which they testify, and shouk state how they obtained a knowledge of such facts. The officei taking the deposition or affidavit should certify in his own hand- writing as to his knowledge of the credibility of the witnesses. I: they sign by mark, the signature must be attested by two witnesses who can write, and the officer must certify that the contents of their depositions or affidavits were read to them before he administerec the oath. It is desirable that affidavits should be free from interlineations and erasures. When an alteration is made in an affidavit, or an addition is made thereto, it must appear by the certificate of the officer who administered the oath that such alteration or additioi was made with the knowledge and s\vorn consent of the affiant. In all affidavits from surgeons or physicians it is desirable that the portion detailing the nature of the disability, dates of treatment, and date of death, symptoms and opinions as to connection between diseases or injury and disease, should be in the handwriting of the party by whom it is signed. The testimony of any person testifying as an expert should be prepared by some one professionally competent to do so. The official certificates of judicial officers using a seal or of com- issioned officers of the Army or Navy in actual service will be accepted without being sworn to, but all other witnesses must testify nvtnm* /-ko4*Vfc * under oath. REGULATIONS AND INSTRUCTIONS. 205 COPIES OR ORIGINALS OF PAPERS. All papers or exhibits filed as evidence in claims for pension become a part of the record. Copies of same or originals can be returned only within the discretion of the Commissioner of Pensions upon application by the parties properly entitled thereto. Certified copies of declarations and affidavits on file in claims for pension will be furnished only upon the call of the court or the de- partment wherein the same are to be used as evidence, and if for use in a court upon the following conditions: The Bureau of Pensions should be advised of the nature of the suit, the names of the parties thereto, and in what court the action is pending. The party who desires to use the certified copies should state what he expects to prove by them and make oath in due form that this evidence is material to his cause; that the object of its use can not be attained by the substitution of any other evidence; that without it he may suffer irreparable injury, and that the United States Government is not involved as a party to the action nor interested in the result thereof. With such affidavit he should file a request from the judge of the court in which the action is pending for the production of such cer- tified copies. The papers of which copies are desired should be clearly specified, and the name of the soldier upon whose service the claim was based, the designation of the organization in which he served, and, if pos- sible, the number of the claim or the certificate should be stated, in order that the case may be identified and unnecessary delay avoided. MISCELLANEOUS. Applications for certificate of service in lieu of lost discharge should be filed with the Adjutant General, United States Army, War Department, in Army cases, and with the Chief of the Bureau of Navigation, Navy Department, in Navy cases. Applications for back pay, extra pay, or bounty money for mili- tary service should be filed with the Auditor for the War Depart- ment ; for bounty, extra pay, or prize money for naval service, with the Auditor for the Navy Department. Applications for artificial limbs or mechanical appliances should be filed with the Surgeon General, United States Army, War De- partment. INDEX. A. INDONMENT : Page. By widow, of minor child or children forfeits pension. Section 4706, Revised Statutes 67 By widow, of minor child or children, how established. Section 4706, Revised Statutes ., 67 ACCEPTING VOLUNTARY SERVICES PROHIBITED : Penalty. Act of February 27, 1906 176 ACCESSORIES, PUNISHMENT OF : Section 333, Criminal Code 181 ACCOUNT STATED : In favor of owner of lost, etc., check, when made. Act of February 23, 1909, amending section 3647, Revised Statutes 117, 118 ACCRUED PENSION : Attorney fee, in claims for 93, 102 Beneficiaries. Act of March 2, 1895 130 Claim for, must be accompanied by explanation and evidence of continuance, when. Section 4719, Revised Statutes 131 Due inmate of the National Home for Disabled Volunteer Soldiers, at death, how disposed of. Acts February 26, 1881, August 7, 1882, and June 25, 1910 123, 124 Due inmate of the Soldiers' Home, Washington, D. C. Act March 3, 1883 122 On death of inmates of the Government Hospital for the Insane, disposition of. Acts February 20, 1905, June 30, 1906, and February 2, 1909 127, 128 Not assets of estate. Act March 2, 1895 130 Regulations and instructions relative to claims for 202 ACKNOWLEDGMENTS : May be made before United States Commissioners. Section 1778, Revised Statutes 82 ACTING ASSISTANT SURGEON : Pensionable status of. Section 4693, Revised Statutes 33 ACTIONS : (See Suits.) ADJUTANT GENERAL,, UNITED STATES ARMY : Application for certificate in lieu of lost discharge to be made to 205 ADULTEROUS COHABITATION, OPEN AND NOTORIOUS : Of widow, terminates pension. Act August 7, 1882 (sec. 2) 62 AFFIDAVITS : Certain informalities corrected. Act July 26, 1892 (sec. 3) 82 Executed in foreign countries, how. Act July 26, 1892 (sec. 2) 81 Execution of, in pension claims. Act July 26, 1902 81 Regulations and instructions governing 183, 203 False or fraudulent, making or presenting ; penalty. Act July 7, 1898 159 Special examiners may take. Act July 25, 1882 4 Taking of by pension agents or their clerks, abolished. Act March 3, 1896 115 AGE : Made a permanent specific disability. Act March 4, 1907 50 Pensions based on attained Act January 29, 1887 (sec. 1) 24 Act February 6, 1907 (sec. 1) 27,49 AGENTS AND ATTORNEYS : Articles of agreement. (See Articles of agreement.) Certain persons not to act as. Section 190, Revised Statutes 84 Declaration or affidavit, executed before, effect on attorneyship rights 203, 204 False demand on fraudulent power of attorney ; penalty. Section 34. Crimi- nal Code 177 207 208 INDEX. AGENTS AND ATTORNEYS Continued. Page. I Fee contracts made prior to passage of act null and void Act June 27, 1902 22,921 Act May 30, 1908 23, 92| Fees allowed, when Act July 4, 1884 (sees. 3 and 4) 86,173 Act June 27, 1890 (sec. 4) 46,91,173 Act March 3, 1891 ; Act April 19, 1908 (sec. 3) 65,91,174 Fees of, to be paid only on order of Commissioner of Pensions Act July 4, 1884 (sec. 3) 86,173 Act June 27, 1890 (sec. 4) 46,90,173 Act April 19, 1908 (sec. 3) 65,91,174 Fees, table of 92 Form of oath required. Section 1757, Revised Statutes 85 Illegal fee ; penalty Section 5485, Revised Statutes 172 Act July 4, 1884 (sec. 4) 88,173 Act June 27, 1890 (sec. 4) _ 46,90,173 Act March 3, 1891 89,174 Act August 5, 1892 (sec. 2) .__ 41,91,175 Act April 19, 1908 (sec. 3) _ 65,91,174 Act May 28, 1908 90, 175 No fee allowed, when Act January 25, 1879 (sec. 4) 59 Act July 4, 1884 (sec. 4) 87,91 Act March 19, 1886 (sec. 2) 62,91 Act August 5, 1892 (sec. 2) 41,91,175 Act March 3, 1901 (sec. 2) 71,91 Act February 28, 1903 (sec. 3) 73,92 Act February 6, 1907 (sec. 3) _ 28,50,92 Act May 28, 1908 90,175 Notaries public in District of Columbia not prohibited from practicing before departments Act June 29, 1906 84 Not recognized, when Act March 19, 1886 62,91 Act April 19, 1908 (sec. 3) 65,91,174 Not to withhold or retain discharge papers or land warrants ; penalty. Act May 21, 1872 172 Oath of allegiance Form of. Section 1757, Revised Statutes 85 Required of. Section 3478, Revised Statutes 84 Who may administer. Section 3479, Revised Statutes 85 Penalty For exacting or accepting fee for securing pension by special act of Congress. Act May 28, 1908 90, 175 For unlawfully withholding pension. Act June 27, 1890 (sec. 4) 46,90, 173 For violating act relating to fees. Act July 4, 1884 (sec. 4) 88, 173 Postage to, limited 94,97 Power of attorney to, not recognized in paying foreign pensions. Act March 14, 1898 121 Required to take oath of allegiance. Section 3478, Revised Statutes 84 Rights of parties under contracts in cases pending July 4, 1884, not abridged. Act July 4, 1884 (sec. 1) 86 Rules of practice before the Bureau of Pensions 94 Secretary of the Interior may prescribe rules and regulations governing recog- nition of. Act July 4, 1884 (sec. 5) 89 Secretary of the Interior may suspend or disbar, when. Act July 4, 1884 (sec. 5) 89 To be notified on issue of certificate of pension. Section 4748, Revised Statutes _ 79, 80 Wrongfully withholding part of pension ; penalty. Act April 19, 1908 (sec. 3) 65, 91, 174 AID AND ATTENDANCE : Frequent and periodical and regular; rates 149 INDEX. 209 AMPUTATIONS : Page. Tables of rates, Nos. 2 and 3 149, 150 APPEAL : Bond, not required of the United States or District of Columbia. Act June 9, 1910 156 From special medical examinations. Section 4775, Revised Statutes 110 Rules of practice on 103 APPLICATION : For artificial limbs and surgical appliances, to whom made 205 For back pay, extra pay, bounty money, or prize money, with whom filed 205 For certificate of service in lieu of lost discharge, with whom filed 205 For membership in the National Home for Disabled Volunteer Soldiers, to con- tain notice of contract as to disposition of property at death. Act June 25, 1910 124 For navy service pension. Sections 4756 and 4757, Revised Statutes 76, 77 For reimbursement to be made to Commissioner of Pensions. Act March 4, 1909 131 For removal of charge of desertion from Navy or Marine Corps, to be made to Secretary of Navy. Act August 14, 1888 139, 141 For removal of charge of desertion, Mexican and Civil Wars, to be made to Secretary of War. Act March 2, 1889 141, 144 APPROPRIATIONS : Expenditures in excess of, forbidden ; penalty. Act February 27, 1906 176 ARM: Loss of (see Table of rates No. 2) 149 ARMY AND NAVY : Certificate of commissioned officer in, accepted without being sworn to 204 Officers and men on active or retired list not entitled to pension. Acts August 29, 1890, and March 3, 1891 - 133, 134 Prior disloyalty not a bar to pension for disabilities incurred while serving in. Act August 1, 1892 135 Reentry into, terminates pension. Section 4724, Revised Statutes 136 Volunteer officers (Army), remuster, pay, pensions; exception. Act Feb- ruary 24, 1897 44 ARMY NURSES : Attorney fee ; none allowed ; penalty for demanding. Act August 5, 1892 (sec . 2) r 41,91, 175 Claims of ; regulations and instructions relative to 195 In War of Rebellion, entitled to pension ; rate. Act August 5, 1892 (sec. 1) 41 ARREARS : Of pension or increase ; no fee in claims for. Act July 4, 1884 (sec. 4) 87, 91 Pensions of persons in, uot to be withheld. Section 4784, Revised Statutes 137 ARREST : Right of, in suits under section 3490, Revised Statutes 158 ARTICLES OF AGREEMENT : Amount of fee to be stipulated in. Act July 4, 1884 (sec. 4) Amount of fee to be paid in absence of. Act July 4, 1884 (sec. 4) Amount paid attorney prior to execution of, to be stipulated in, otherwise articles of agreement to be disregarded, and such amount to be deducted from fee allowed by law. Act July 4, 1884 (sec. 4) 88 Commissioner of Pensions to transmit one of, with certificate of pension, to pension agent. Section 4768, Revised Statutes 85 Duty of pension agent upon receipt of. Section 4769, Revised Statutes. Form of. Act July 4, 1884 (sec. 4) May be rejected by Commissioner of Pensions. Act July 4, 1884 (sec. 6) Null and void in certain Indian war service-pension claims. Acts June 27, 1902, and May 30, 1908 - 22 - 2S Recognized in certain claims only. Act July 4, 1884 (sec. 4) Should be in duplicate. Act July 4, 1884 (sec. 4) - 86,91,173 ARTIFICIAL LIMBS AND MECHANICAL APPLIANCES : Applications for, to be made to Surgeon General, United States Army 205 ASHUELOT : Twelve months' pay allowed to widows, minor children, and dependent parents of men lost in wreck of, to be deducted from pensions of. Act January 29, 1887 (sec. 2) 70 ATTACHMENT : Pension not liable to. Section 4747, Revised Statutes 131 8001 12 15 210 INDEX. ATTORNEY GENERAL : Page. To furnish professional assistance on application. Section 187, Revised Statutes 6 ATTORNEYS : (See Agents and attorneys.) AUDITOR FOR NAVY DEPARTMENT : Applications for bounty, extra pay, or prize money to be made to 205 AUDITOR FOR WAR DEPARTMENT : Applications for back pay, extra pay, and bounty to be made to 205 AUTHORITY : To increase or reduce a pension, reserved in the Commissioner of Pensions. Act June 21, 1879 (sec. 3) 110 To publish printed forms. Section 4748, Revised Statutes 79 AUXILIARY NAVAL FORCE : Organization of. Joint resolution May 26, 1898 36 B. BACK PAY, EXTRA PAY, AND BOUNTY : Applications for, to be made to Auditor for War Department, if for Army service 2 BEATY'S SCOUTS AND GUIDES : Pensionable status of. Act June 14, 1870 1 40 BIENNIAL EXAMINATIONS : Abolished. Act June 21, 1879 (sec. 3) 110 BIRTH : Date of, how proved 191 BLANK FORMS : For declaration, to be furnished by Commissioner of Pensions. Section 4748, Revised Statutes 79 I For vouchers, Secretary of the Interior required to furnish. Section 4767, Revised Statutes 116 I For vouchers, to contain notice to pensioners that payment will be made upon no others. Section 4767, Revised Statutes 116 BLINDNESS : Tables of rates, Nos. 2 and 3 149, 150 BOARDS OF EXAMINING SURGEONS : Inspection of, by Commissioner of Pensions. Act of August 8. 1882 4 (See also Surgeon.) BOND : Appeal, not required of United States or District of Columbia. Act June 9, 1910 156 Bids or public records, penalty for forging. Section 28, Criminal Code 161 I Disbursing officer may require of substitute. Act March 4, 1909 Of disbursing officer liable for acts of substitute. Act March 4, 1909 7 Officer designated to fill temporarily vacancy in pension agency may be re- quired to give. Act March 8, 1878 114 Of pension agents, form of, to be approved by Secretary of the Interior. Sec- tion 4779, Revised Statutes 114 Of pension agents, to cover acts of clerk designated to sign name of, to official checks. Act June 30, 1890 115 Pension agents required to give. Section 4779, Revised Statutes 1141 Required upon issue of duplicate check. Act February 23, 1909, amending Section 3646, Revised Statutes 117, 118 BOUNTY : Receipt of, when a bar to pension. Joint resolutions, July 1, 1902 (sec. 2), and June 28, 1906 146 BOUNTY, BACK PAY, EXTRA PAY : Applications for, to be made to Auditor for War Department, if for Army service 205 BOUNTY, EXTRA PAY, PRIZE MONEY : Application for, to be made to Auditor for Navy Department, if for Navy service . 205 j BRIBE : Acceptance of by judge, judicial officer, or person authorized to hear, etc. ; penalty. Section 131, Criminal Code 169 Acceptance of, by juror, etc., or person exercising judicial functions. Sec- tion 133, Criminal Code 169 I Acceptance of, by witnesses ; penalty. Section 134, Criminal Code 170 i INDEX. 211 BRIBE Continued. Page. Member of Congress accepting, etc. Section 110, Criminal Code 167 Offering, etc., to Member of Congress; penalty. Section 111, Criminal Code__ 167 United States officer accepting; penalty. Section 117, Criminal Code 169 BRIBERY : Of United States officer; penalty. Section 39, Criminal Code 166 BROTHERS : Pensionable status of. Section 4707, Revised Statutes 67 Regulations and instructions relative to claims of 194 BRYSON'S COMPANY, MOUNTED VOLUNTEERS : Members, widows, and minor children entitled to pension. Act March 1, 1869_ 40 BUREAU OF PENSIONS : Organization and officers. Chapter 1 1 BURIAL EXPENSES : Reimbursement for, when and to whom made. Act March 2, 1895 130 C. CANTEEN : Or bar. no aid to be extended to State or Territorial home, maintaining. Act March 4, 1911 1L'5 Prohibited in National Home, Disabled Volunteer Soldiers. Act March 4, 1911 125 CENTRALIA, Mo. : Widows, minors, and dependent relatives of soldiers murdered at. Act March 4, 1875 63 CERTIFICATE : False, by consular officer; penalty. Section 70, Criminal Code 160 False, by person before whom paper in pension claim is executed ; penalty for making. Act July 7, 1898 159 False, by public officer, etc. ; penalty. Section 106, Criminal Code 160 Of examining surgeon to contain full description of physical condition of claimant Act July 25, 1882 (sec. 4) 110,331 Act May 28, 1908 112 Of oath, penalty for forging. Section 1750, Revised Statutes 163, 164 Of superintendent of Government Hospital for the Insane, pensions of in- mates to be paid upon Act February 20, 1905 127 Act February 2, 1909 128 CERTIFICATE OF DISCHARGE : Agents or attorneys not to retain, etc. ; penalty. Act May 21, 1872 172- Loss of, not a bar to pension Act March 9, 1878 (sec. 3) 19 Act January 29, 1887 (sec. 3) 25 Act July 27, 1892 (sec. 3) 21 Lost or destroyed ; duplicate, how obtained. Section 224, Revised Statutes.. 137 Not evidence. Section 224, Revised Statutes 137 Secretary of the Navy to issue, in certain cases Act August 14, 1888 (sec. 4) 140 Act May 24, 1900 > 141 Secretary of War and Secretary of Navy to issue in true name of person serv- ing ; restriction. Act June 25, 1910 (sec. 1) 138 Secretary of War to furnish to members of Missouri Home Guards. Act May 15, 1886 138 CERTIFICATE OF PENSION : Forwarded to pension agent for delivery. Section 4768, Revised Statutes-- 85 Retaining unlawfully. Act February 28, 1883, amending section 4745, Revised Statutes I 75 CERTIFICATE OF SERVICE : Application for, to be made to Adjutant General, United States Army 205 CERTIFIED COPIES OF PAPERS : How obtained 2( > 5 CHECK : Clerk to sign name of pension agent to. Act June 30, 1890 Duplicate, issue of. Act February 23, 1909 Pension, mailing of, constitutes payment. Act March 2, 1895__ 130 To be drawn to the order of and mailed to each pensioner. Section 4765, Re- vised Statutes - 117 212 INDEX. CHIEF CLERK : Page.' Duties of. Sections 173 and 174, Revised Statutes j To act as commissioner, when. Section 178, Revised Statutes To administer oath of office without compensation therefor. Act August 29, 1890 { CITIZENSHIP : How established in Indian War claims. Act February 3, 1893 2S CIVIL SERVICE : Bar to payment of pensions in case of pensioners in, removed. Act March 1, 1879 149 1 CIVIL SURGEONS : Commissioner of Pensions authorized to appoint. Section 4777, Revised Statutes ] Duties of. Section 4777, Revised Statutes 10? I Fee for examinations. Section 4777, Revised Statutes lOij Fees for examinations, how paid. Section 4777; Revised Statutes 10i| (See also Surgeon.) CIVIL WAR : Pensions based on service in. Chapters III and IV 31, Gil CLAIMS : List of meritorious to be sent to Congress Resolution May 29, 1830 13H Regulations and instructions relative to 18i I CLERKS : Detailed as special examiners. Section 474, Revised Statutes, and section 4744, Revised Statutes, as amended by act July 25, 1882 Detail of, to congressional committees. Joint resolution February 1, 1884 13? I Of pension agents to sign official checks. Act June 30, 1890 Hjl COHABITATION : Adulterous, terminates pension of widow. Act August 7, 1882 Continuous to date of death, when necessary to widow's title. Act March 3, 1899 COLORED AND INDIAN SOLDIERS : Legitimacy of children, how established. Section 4705, Revised Statutes Marriages, how proven. Section 4705, Revised Statutes COLORED PERSONS IN A it. MY : Borne on rolls as " slaves ; " pensionable status of. Section 4723, Revised Statutes Subcooks of African descent. Act March 3, 1863 (sec. 10) COMMENCEMENT OP PENSION : Ante-rebellion claims. Section 4713, Revised Statutes l> | Army nurses' claims. Act August n, 1892 4:1 Arrears. Acts January 25 and March 3, 1879 ns. r>< j Claims arising out of wreck of steamer Ashuelot, Act January 29, 1887 7( I Claims arising out of wreck of steamer Jeannette, Act January 3, 1887 61 I Claims arising out of wreck of steamer Maine. Act March 30, 1898 7( I Claims of certain survivors of Mexican and Civil Wars. Act February 6, 1907_ 27, 41 I For frequent and periodical aid and attendance. Act July 14, 1892 5' I For permanent and specific disability. Sections 4697 and 4698, Revised Statutes ! no. r, j For total helplessness. Act March 4, 1890 5(1 Increase, invalid. Section 4698J, Revised Statutes 5' I Increase on account of minors Section 4703, Revised Statutes 6* I Act June 27, 1890 (sec. 3) 46, & Act May 9, 1900 i 6^ Act April 19, 1908 61 Increase, widow, etc. Act March 19, 1886 6: Act April 19, 1908 (sec. 1) 6s I Indian War claims. Act July 27, 1892 2(1 In rejected, suspended, or dismissed claims. Act March 6, 1896 .* 4} I Mexican War claims. Act January 29, 1887 2- Missouri State Militia. Section 4722, Revised Statutes 3J I Special act claims. Section 4720, Revised Statutes 13' I To certain beneficiaries of special legislation, to correct military service, en- acted during Sixty-first Congress. Joint resolution February 27, 1911 14,' INDEX. 213 MMENCEMENT OF PENSION Continued. Page. To certain widows, whose deceased husbands served in Civil War. Act Aprtl 19, 1908 (sec. 2) 65 To dependent relatives. Section 4707, Revised Statutes 67 To minor, where widow abandons same. Section 4706, Revised Statutes 67 To remarried widow. Acts March 3, 1901, and February 28, 1903 70, 72 To survivors, widows, minors, and dependent parents, Civil War service. Acts June 27, 1890, and May 9, 1900 45,46,64,69 To widows and minors. Act August 7, 1882, amending section 4702, Revised Statutes 61 War of 1812 claim. Act March 9, 1878 18 Widows' arrears. Act June 7, 1888 62 COMMISSIONER OP PENSIONS : Appointed by President. Section 470, Revised Statutes 2 Attorney fees to be paid only upon order of Act June 27, 1890 (sec. 4) 46,90,173 Act April 19, 1908 (sec. 3) 65,91,174 Authority of, to increase or reduce pensions. Act June 21, 1879 (sec. 3) 110 Authorized to appoint board of three examining surgeons to pass upon appeals from special medical examinations. Section 4775, Revised Statutes 110 Authorized to appoint civil surgeons. Section 4777, Revised Statutes 109 Authorized to appoint surgeons and organize boards of surgeons. Act July 25, 1882 (sec. 4) 110 Authorized to cause payment of pension to wife or guardian of children when pensioner is insane or imprisoned. Act August 8, 1882, amending section 4766, Revised Statutes 119 Authorized to detail clerks to investigate attempts at fraud and to aid in prosecuting persons implicated. Section 474, Revised Statutes 4 Authorized to detail clerks to specially examine into merits of claims and to aid in the prosecution of parties guilty of fraud. Act July 25, 1882 4 Authorized to employ an expert to make medical examinations. Act July 25, 1882 (sec. 4) 110,111 Authorized to order special medical examinations. Section 4775, Revised Statutes 110 Authorized to organize special board of review. Act July 25, 1882 (sec. 4)_ 110, 111 Claims for reimbursement, settlement of, under the direction of. Act March 4, 1909 131 Deputy, to discharge duties of, in case of death, resignation, absence, etc. Section 472, Revised Statutes, and act August 5, 1882 Duties of. Section 471, Revised Statutes-- Inspection of pension agencies and boards of examining surgeons authorized. Act August 8, 1882, amending section 4766, Revised Statutes ._ 4, 119 May apply to any United States court for subpoena for witnesses. Section 184, Revised Statutes 5 May authorize employment of stenographer by special examiner. Act July 25, 1882 May reject articles of agreement. Act July 4, 1884 (sec. 6) Payments out of Navy pension fund to be under direction of. Section 4756, Revised Statutes 76,77 Private secretary to, authorized. Act March 3, 1905 Salary of. Act March 4, 1911 Questions of desertion, entrance into a home, necessitous circumstances, and good moral character to be determined by. Act March 3, 1899__ Salary of. Section 470, Revised Statutes. Act August 5, 1882, and act March 4, 1911- - 2, 9 To adopt rules and regulations for payment of arrears of pension. Act Janu- ary 25, 1879 (sec. 2) To furnish printed instructions and forms free of charge. Section 4748, Re- vised Statutes 79 To inspect, when necessary, pension agencies and medical examining boards or surgeons. Act August 8, 1882 To notify claimant and attorney on issue of certificate of pension. Section 4748, Revised Statutes - 79 80 To suspend payment of pension under special act, when. Section 4720, Re- vised Statutes To transmit certificate of pension and one of articles of agreement to pen- sion agent. Section 4768, Revised Statutes 85 214 INDEX. COMMISSIONER, UNITED STATES : Page. Authorized to administer oaths and take acknowledgments. Section 1778, Revised Statutes 82 Required to have an official seal. Act June 28, 1906 82 COMMISSIONS : Clerks, etc., not to be detailed to, unless created by law. Act March 4, 1909_ 7 Creation of, unless authorized by law, forbidden. Act March 4, 1909 7 CONGRESS : (See Member of Congress.) CONSPIRACY : Action for damages caused by Section 1980, Revised Statutes 170 Section 1981, Revised Statutes 171 To defraud by false claim ; penalty. Section 35, Criminal Code 157 To defraud the United States ; penalty. Section 37, Criminal Code 172 To prevent officers from performing duties ; penalty. Section 21, Criminal Code 170 CONSTITUTION OF THE UNITED STATES : Fourteenth amendment, political disabilities bar to Mexican war service pen- sion. Act January 29, 1887 (sec. 6) 25,26 Bar removed. Act Jun^ 6, 1898 26 CONSULAR OFFICER : Authority in execution of pension papers. Act July 26, 1892 (sec. 2) 81 False certification by ; penalty. Section 70, Criminal Code 160 Fees of, prescribed by President. Act April 5, 1906 (sec. 7) 83 Notarial acts of, invalid without documentary stamp. Act April 5, 1906 (sec. 10) 83 Required to affix official stamps to documents requiring notarial, etc., acts. Act April 5, 1906 (sec. 10) 83 Required, upon application, to perform notarial acts within limits of his con- sulate. Act April 5, 1906 (sec. 7) 83 CONTRACTS : With attorneys, null and void Act June 27, 1902 22,92 Act May 30, 1908 23,92 CONTRACT SURGEONS : Pensionable status. Section 4693, Revised Statutes 33 COOKS : Privates to be detailed as, for each of whom two undercooks of African descent may be enlisted. Act March 3, 1863 (sees. 9 and 10) 34 COPIES OR ORIGINALS OF PAPERS : Regulations and instructions relative to obtaining 205 CORPORATIONS : State or municipal, not entitled to reimbursement for expenses of last sick- ness, etc. Act March 3, 1905 131 COSTS : In suits under section 3490, Revised Statutes, by whom paid. Section 3493, Revised Statutes 159 COUNTERFEIT OBLIGATIONS : Penalty for failure to deliver. Section 172, Criminal Code 163 To be forfeited. Section 172, Criminal Code 163 COURT OF CLAIMS . Entitled to information, etc., from executive departments, etc. Section 164, Judicial Code 155 COURTS, DISTRICT : Jurisdiction of. Section 24, Judicial Code 154 COURTS, UNITED STATES : Immunity of witnesses, etc., statute granting, repealed. Act May 7, 1910 156 CRIMES : Bribery of judges, judicial officer, or person authorized to hear ; penalty. Sec- tion 131, Criminal Code 169 Bribery of United States officer; penalty. Section 39, Criminal Code 166 Buying, etc., forged securities; penalty. Section 154, Criminal Code 162 Conspiracy to commit an offense against or to defraud the United States ; pen- alty. Section 37, Criminal Code 172 Conspiracy to obtain allowance of false or fraudulent claim ; penalty. Section 35, Criminal Code 157 ItfDEX. 215 [CRIMES Continued. Page Conspiracy to prevent officer from performing duties; penalty. Section 21, Criminal Code 170 Destroying, etc., public records ; penalty. Section 128, Criminal Code 180 Destroying, etc., public records by dfncer in charge; penalty. Section 129, Criminal Code 180 Extortion By United States officer. Section 85, Criminal Code 180 By informer. Section 145, Criminal Code 181 Embezzlement by guardian ; penalty. Act February 10, 1891, amending sec- tions 4783 and 5486, Revised Statutes 178 Embezzling public moneys, etc. ; penalty. Section 47, Criminal Code 179 Expenditures in excess of appropriations ; penalty. Act February 27, 1906, amending section 3679, Revised Statutes 176 Failure of officer to render account ; penalty. Section 90, Criminal Code 178 Failure or refusal to surrender counterfeit obligations, etc. ; penalty. Section 172, Criminal Code 163 False acknowledgments, etc., by officer ; penalty. Section 31, Criminal Code__ 160 False and fraudulent affidavits, etc., making and presenting; penalty. Act July 7, 1898 159 False certificates by public officers ; penalty. Section 106, Criminal Code 160 False certification by consular officer ; penalty. Section 70, Criminal Code 160 False certification by executing officer; penalty. Act July 7, 1898 160 False claim ; penalty. Section 35, Criminal Code 157 False demand on fraudulent power of attorney ; penalty. Section 34, Criminal Code 177 False entries in records ; penalty. Act March 4, 1911 160 False oath deemed perjury Act March 9, 1878 (sec. 3) 164 Act January 29, 1887 (sec. 3) 165 Act July 27, 1892 (sec. 3) 165 False personation of pensioner, etc. ; penalty. Section 33, Criminal Code 177 False personation of United States officer ; penalty. Section 32, Criminal Code 177 False reports by United States officers ; penalty. Act March 4, 1911 161 Fees, illegal, agents or attorneys taking ; penalty Section 5485, Revised Statutes 172 Act July 4, 1884 (sec. 4) 88,173 Act June 27, 1890 (sec. 4) 46,90,173 Act March 3, 1891 89, 174 Act August 5, 1892 (sec. 2) 41,91,175 Act April 19, 1908 (sec. 3) 65,91,174 Act May 28, 1908 90, 175 Fees, illegal, United States pension agent taking ; penalty. Section 108, Crim- inal Code 175 Forging bond, public record, affidavit, etc. ; penalty. Section 28, Criminal Code -, 161 Forging deed, power of attorney, etc. ; penalty. Section 29, Criminal Code 161 Forging, etc., consular seal or signature ; penalty. Section 1750, Revised Statutes 164 Forging, etc., United States securities; penalty. Section 148, Criminal Code. 162 Having forged papers, etc., in possession ; penalty. Section 30, Criminal Code_ 162 Juror or person authorized to hear, etc., accepting bribe ; penalty. Section 133, Criminal Code 169 Member of Congress accepting, etc., bribe; penalty. Section 110, Criminal Code 167 Member of Congress, offering bribes to ; penalty. Section 111, Criminal Code_ 167 Member of Congress, offering consideration to, for procuring, etc., officers, etc. ; penalty. Section 112, Criminal Code 168 Member of Congress taking compensation in matters to which the United States are parties ; penalty. Section 113, Criminal Code 168 Member of Congress taking consideration for procuring, etc., officers, etc. ; penalty. Section 112, Criminal Code 168 Officer interested as agent or attorney in claim against the United States ; penalty. Section 109, Criminal Code 166 Passing, etc., forged, etc., obligations of the United States ; penalty. Section 151, Criminal Code 162 216 INDEX. CRIMES Continued. Page. Perjury ; penalty. Section 125, Criminal Code 163 Pledging pension certificate ; penalty. Act February 28, 1883, amending section 4745, Revised Statute 175 Post-dating vouchers. Act July 7, 1898_j 159 Receipting for larger sums than are paid ; penalty. Section 86, Criminal Code 178 Receiving, etc., stolen public property ; penalty. Section 48, Criminal Code 180 Receiving pension certificate as a pledge. Act February 28, 1883, amending Section 4745, Revised Statutes 175 Retaining discharge papers, etc., of discharged soldier or sailor by attorney ; penalty. Act May 21, 1872 172 Retaining pension certificates, etc. ; penalty. Act February 28, 1883, amend- ing Section 4745, Revised Statutes 176 Robbery of personal property of the United States ; penalty. Section 46, Criminal Code ., 179 Subornation of perjury ; penalty. Section 126, Criminal Code 165 United States officer accepting bribe ; penalty. Section 117, Criminal Code 169 United States officer taking compensation in matters to which the United States are parties; penalty. Section 113, Criminal Code 168 Unlawfully taking or using papers in claim ; penalty. Section 40, Criminal Code 179 Unlawful purchase of public property ; penalty. Section 35, Criminal Code 158 Uttering, publishing, etc., forged bond, affidavit, etc. ; penalty. Section 28, Criminal Code 161 Uttering, publishing, etc., forged deed, power of attorney, etc. ; penalty. Sec- tion 29, Criminal Code 162 Voluntary service, accepting ; penalty. Act February 27, 1906, amending Section 3679, Revised Statutes 176 Witness accepting bribe ; penalty. Section 134, Criminal Code 170 CRIMINAL CODE: Accrued rights not affected by adoption of. Section 342, Criminal Code 181 In effect January 1, 1910. Section 345, Criminal Code 182 Prosecutions, etc., for prior offenses, how made. Section 343, Criminal Code_ 181 Statutes of limitation not affected by. Section 344, Criminal Code 182 DAMAGES AND FORFEITURE: Recovered under section 3490, Revised Statutes, one-half payable to party pre- senting suit. Section 3493, Revised Statutes 159 Suits for, jurisdiction of. Section 3491, Revised Statutes 158 DEAFNESS : Rate for. Section 4698, Revised Statutes, and acts August 27, 1888, and January 15, 1903 L 51,56 DEATH : Of pensioned inmates of Government Hospital for the insane, pension money due, how disposed of Act June 30. 1906 128 Act February 2, 1909 128, 130 Of pensioned inmate of the National Home Disabled Volunteer Soldiers, pen- sion, how disposed of. Acts February 26, 1881, August 7, 1882, and June 25, 1910 123, 124 Of pensioned inmate of Soldiers' Home, Washington, D. C., pension money due, how disbursed. Act March 3, 18831 122 Presumed from seven years' unexplained absence. Act March 13, 1896 73 DECLARATIONS : Certain informalities corrected. Act July 26, 1892 (sec. 3) 82 How executed Section 4714, Reyised Statutes 80 Act July 1, 1890 80 Joint resolution September 1, 1890 81 Act July 26, 1892 81 In foreign countries, how executed. Act July 26, 1892 (sec. 2) 81 In Indian claims may be made before a United States Indian agent. Act July 26, 1892 (sec. 2) 81,82 Regulations and instructions relative to 183 INDEX. 217 DEEDS : Page. Penalty for forging. Section 29, Criminal Code 161 DEPARTMENT OF THE INTERIOR: Creation of. Section 437, Revised Statutes 1 (See also Secretary of the Interior.) DEPARTMENT OF THE MISSOURI : Officers and men entitled to pension, when. Act March 25, 1862 (sec. 2) 38 DEPARTMENT OF THE WEST : Officers and men, entitled to pension, when. Act March 25, 1862 (sec. 2) 38 DEPARTMENTS, EXECUTIVE : Court of Claims entitled to information, etc., from. Section 164, Judicial Code. 155 Persons formerly in, not to prosecute claims until two years after separation from service. Section 190, Revised Statutes 84 DEPENDENCE : Assumption of, in claims of dependent relatives. Section 4707, Revised Stat- utes, and act June 27, 1890 (sec. 1) 67-69 Basis of title Section 4707, Revised Statutes 67 Act January 29, 1887 24 Act June 27, 1890 46,64,69 Act May 9, 1900 48, 64 Cessation of, terminates pension in dependent parent's claim 67-69 How established, in claims of dependent parents. Act June 27, 1890 (sec. 1)_ 69 DEPENDENT RELATIVES : Assumption of dependence, when. Section 4707, Revised Statutes, and act June 27, 1890 (sec. 1) 67-69 Brothers and sisters, claims of. Regulations and instructions relative to 194 Commencement and continuance of pension to. Section 4707, Revised Stat- utes, and act June 27, 1890 (sec. 1) 67-69 Dependence, how established. Section 4707, Revised Statutes, and act June 27, 1890 (sec. 1) 67-69 Father, claim of. Regulations and instructions relative to __ 194 Father's income to be considered in determining title, when. Section 4707, Revised Statutes 67 Marriage of dependent mother or sister terminates pension. Section 4708, Revised Statutes, as amended by act February 28, 1903 72 Mother, claim of. Regulations and instructions relative to 193 Of men lost in wreck of Ashuelot, 12 months' pay to be deducted from pen- sions. Act January 29, 1887 (sec. 2) 70 Of officers and men lost in wreck of Jeannette, 12 months' pay allowed depend- ent relatives to be deducted from pensions of. Act January 3, 1887 (sec. 3)_ 69 Pension allowed only during dependence. Section 4707, Revised Statutes 67, 68 Regulations and instructions relative to claims of Succession of title of. Section 4707, Revised Statutes 67, 68 DEPUTY COMMISSIONER OF PENSIONS : Appointment and duties of. Section 472, Revised Statutes Additional, provided for. Act August 5, 1882. Salaries Act August 8, 1882 Act March 4, 1911 _ DEPUTY PROVOST MARSHAL : Pensionable status. Section 4693, Revised Statutes. _. DESERTION : Certain appointed and enlisted men in the Navy or Marine Corps relieved from the charge of ; conditions Act August 14, 1888 Act May 24, 1900 Certain soldiers and sailors not to be deemed deserters. Section 4749, Re- vised Statutes 138 Charge of, removed from the records of certain Mexican War soldiers; ex- ceptions. Act March 2, 1889 (sees. 6 and T) Charge of, removed from the records of certain volunteer soldiers. Act March 2, 1889 141 In time of war, forfeits pension. Act April 26, 1898 (sec. 6) and act May 11, 1898 Limitation as to time of filing claim for removal of charge of, removed. Act May 24, 1900 (sec. 2) 141 218 INDEX. DESERTION (MARITAL) : Page. 1 Of wife, minor children, or permanently helpless and dependent child, one-half pension payable to, when. Act March 3, 1899 120 I Question of, to be determined by Commissioner of Pensions. Act March 3, 1899 120 Regulations and instructions relative to claims for division of pension based on 196 DESTROYING PUBLIC RECORDS : By anyone. Section 128, Criminal Code 180 1 By officer in charge. Section 129, Criminal Code 180 j DETAIL : Of clerks from Department of the Interior to the pension committees of the House of Representatives, Secretary of the Interior to make. Joint resolu- tion February 1, 1884 135 Of clerks to act as special examiners. Section 4744, Revised Statutes, as amended by act July 25, 1882 _" 4 i DISABILITIES : Aggregate of, rated in claims. Act May 9, 1900 (sec. 2) 47 | Examining surgeons to describe fully in reports. Act May 28, 1908 112 Rates for different. Tables of rates 148-150 DISABILITY : Age made specific. Act March 4, 1907 50 By reason of age, pensionable Act January 29, 1887 (sec. 1) - 24 Act February 6, 1907 (sec. 1) 27,49 Cessation of, terminates pension Section 4692, Revised Statutes 32 Act January 29, 1887 (sec. 2) 25 Act June 27, 1890 (sec. 2) 45 Act May 9, 1900 47 Contracted in service and line of duty, title to pension for. Section 4693, Revised Statutes 32 Contracted since July 27, 1868, when pensionable. Section 4694, Revised Statutes 42 Contracted while in Confederate service, not pensionable. Act January 29, 1887 (sec. 1) 24 In prosecuting pension claims, removed in certain cases. Act March 2, 1889 (sec. 4) 142 DISABILITY, POLITICAL : Imposed by fourteenth amendment to Constitution (Mexican War cases), removed. Act June 6, 1898 26 DlSBANDMENT : Of organization, date of termination of service. Section 4701, Revised Statutes 145 DISBARMENT : Of agents and attorneys. Act July 4, 1884 (sec. 5) 89 Secretary of Interior to pay expenses of securing and preparing testimony in proceedings for. Act March 4, 1911 85 DISBURSING OFFICERS : Bonds of, liable for acts of substitutes. Act March 4, 1909 (sec. 8) 6,7 May require bond of substitute, in case of illness, etc. Act March 4, 1909 (sec. 8) 6,7 Substitutes authorized in case of illness, etc. Act March 4, 1909 (sec. 8) 6,7 DISCHARGE CERTIFICATE. (See Certificate of discharge.) DISCHARGE, HONORABLE. (See Honorable discharge.) DISLOYALTY : Not a bar to pension, when Act March 9, 1878 (sees. 5 and 6) 19,20 Act January 29, 1887 (sec. 5) 25 Act July 27, 1892 (sec. 6)__ ___ ,__. 21 DISTRICT ATTORNEYS : Duty of, as to cases under section 3490, Revised Statutes. Section 3492, Revised Statutes 158 INDEX. 219 DISTRICT COURTS : Page. Given jurisdiction of suits for forfeiture and damages for making false claims. Section 3491, Revised Statutes 158 Jurisdiction of, generally. Section 24, Judicial Code 154 DIVISION OF PENSION: Payments made to wife, children, etc., when. Act March 3, 1899 120 Regulations and instructions relative to claims for 196 DIVORCE : From second husband of remarried widow, effect of, on widow's title. Acts March 3, 1901, and February 28, 1903 70-72 DOUBLE PENSION : No person shall receive more than one pension for the same period Section 4715, Revised Statutes 134 Act June 27, 1890 46 Act May 9, 1900 48 Act February 6, 1907 28,49 DROPPING NAME FROM PENSION ROLL : By reason of adulterous cohabitation. Act August 7, 1882 (sec. 2) 62 By reason of dependence ceasing Section 4707, Revised Statutes 67,68 Act June 27, 1890 (sec. 1) 69 By reason of disability ceasing Section 4692, Revised Statutes 32 Act June 27, 18901 45 Act May 9, 1900 , 47 By reason of election to take pension under some other law. Section 4715, Revised Statutes 134 By reason of failure to claim pension. Section 4719, Revised Statutes 131 By reason of forfeiture to minor by immoral conduct. Section 4706, Revised Statutes 67 By reason of fraud in securing pension Act March 9, 1878 (sec. 3) 59 Act January 29, 1887 (sec. 3) 68 Act July 27, 1892 (sec. 3) 65 By reason of marriage of pensioner Section 1656, Revised Statutes 16 Section 4702, Revised Statutes, as amended by act August 7, 1882 62 Section 4708, Revised Statutes 70 Section 4726, Revised Statutes 17 Section 4729, Revised Statutes) 15 Act March 19, 1878 (sec. 2) 19 Act June 27, 1890 (sec. 3) 46,64 Act May 9, 1900 48,64 Act April 19, 1908 (sec. 2) 65 By reason of minority ceasing Section 4766, Revised Statutes 17 Act August 7, 1882 (sec. 1) amending section 4702, Revised Statutes 62 Vet June 27, 1890 (sec. 3) 46,64 Act May 9, 1900 .- 48,64 By reason of negativing presumption of death. Act March 13, 1896 73 By reason of reentry into military or naval service. Section 4724, Revised Statutes 136 Commissioner of Pensions, authority and duties of, in respect to Act June 21, 1879 (sec. 3) 110 Act December 21, 1893 137 Of minor or helpless child when remarried widow is granted a renewal of pension, when. Acts March 3, 1901, and February 28, 1903__ - 71, 72 Procedure where pension by special act is secured through fraud. Section 4720, Revised Statutes 134 DUPLICATE CHECKS : Secretary of the Treasury may authorize issue of, when. Act February 23, 1909, amending section 3646, Revised Statutes " 117, 118 When officer issuing original is dead, procedure. Act February 23, 1909, amending section 3647, Revised Statutes 117, 118 220 INDEX. B. ELECTION: Page. Between pensions under different acts permitted. Section 4715, Revised Statutes 134 EMBEZZLEMENT : By guardian, of pension money. Act February 10, 1891 178 Evidence of conversion, what constitutes. Section 95, Criminal Code 179 Failure of officer to render accounts, constitutes. Section 90, Criminal Code 178 Of property of the United States. Section 47, Criminal Code 179 Prima facie evidence of. Section 94, Criminal Code ^ 178 Receipting for larger sums than paid, constitutes. Section 86, Criminal Code_ 178 EMPLOYEES : Authority for appointment. Section 169, Revised Statutes 1 ENGINEER (NOT REGULARLY MUSTERED) : Serving on gunboat or war vessel, entitled for disability. Section 4693, Re- vised Statutes -_ 32 ENLISTMENT OR MUSTER: Record of pay, evidence of, in certain Indian war claims. Acts June 27, 1902, and May 30, 1908 22,23 ENROLLING OFFICER : Pensionable status of. Section 4693, Revised Statutes 32 EVIDENCE : Certificate of discharge not. Section 224, Revised Statutes 137 Execution of papers. Act July 26, 1892 , 81 Execution of papers before attorney of record, effect of 204 Execution of papers in foreign countries Section 1750, Revised Statutes 163 Act July 26, 1892 81 How copies may be obtained 205 Of citizenship in Indian war claims. Act February 3, 1893 23 Of conversion, what constitutes. Section 95, Criminal Code 179 Of embezzlement, what constitutes. Section 94, Criminal Code 178 Of marriage and of birth 190, 191 Of perjury ; signature of executing officer proved by seal. Section 1750, Re- vised Statutes 16."., 164 Of record of pay to show enlistment or muster in certain Indian war claims. Acts June 27, 1902, and May 30, 1908 22, 23 Of service and discharge, Mexican War service claims. Act January 29, 1887, (sec. 3) 25 Testimony of witnesses. Regulations and instructions relative to 203 EXAMINING SURGEONS : Boards of three, Commissioner of Pensions, authorized to appoint, to pass upon appeals from special medical examinations. Section 4775, Revised Statutes- 110 Boards of. (See Boards of Examining Surgeons.) Inspection of boards of. Act August 8, 1882, amending section 4766, Revised Statutes 4, 119 EXECUTIVE DEPARTMENT : Chief clerks of, to administer oaths of office without compensation therefor. Act August 29, 1890 3 Clerks, etc., not to be transferred until after three years' service. Act June 22, 1906 (sec. 5) 8 Contributions, presents, etc., to superiors, prohibited. Section 1784, Revised Statutes 8 Detail of clerks, etc., to commissions, not authorized by law, prohibited. Act March 4, 1909 7 Detail to, of civil employees from outside District of Columbia restricted. Act June 22, 1906 (sec. 6) 8 Disbursing officers, substitutes authorized in case of illness, etc. Act March 4, 1909 6 Head of, may apply to United States Court for subpoana for witness. Section 184, Revised Statutes 5 Head of, to employ such number of clerks, etc., at such rates of compensation as may be authorized by Congress. Section 169, Revised Statutes 1 Head of, to report annually expenses of officers and employees at Washington who have traveled outside of District of Columbia during the year. Act May 22, 1908 No pay for permanently disabled persons. Act March 4, 1911 11 INDEX. 221 EXECUTIVE DEPARTMENT Continued. Page. Notaries public employed therein not to charge for notarial acts performed in office hours. Orders January 5, 1905, and April 7, 1905 8, 9 Notaries public employed therein to administer oaths of office free of charge. Act August 29, 1890 8 Pay of telephone switchboard operators, firemen, watchmen, laborers, etc. Act March 4, 1911 10 President may designate officer to discharge temporarily the duties of head of, when latter has died, resigned, is absent or sick. Section 179, Revised Statutes 3 Secretary of the Interior to pay expenses of securing and preparing testimony in disbarment proceedings. Act March 4, 1911 85 Vacancies in subordinate offices, how filled. Section 178, Revised Statutes 2 EXPENDITURES : In excess of appropriation forbidden ; penalty. Act February 27, 1906 176 EXPERT : Commissioner of Pensions authorized to employ. Act July 25, 1882 (sec. 4)_ 110, 111 Fee of. Act July 25, 1882 (sec. 4) 110,111 EXTORTION : By public officer or by one claiming to be such. Section 85, Criminal Code 180 Under threat of informing ; penalty. Section 145, Criminal Code 181 EYES : Rates for loss of both, and for total blindness. Tables of rates, No. 2 149 F. FALSE ACKNOWLEDGMENT : By officer authorized to administer oaths, etc. ; penalty. Section 31, Criminal Code 160 FALSE AND FRAUDULENT AFFIDAVITS : Making or presenting; penalty. Act July 7, 1898 159 FALSE CERTIFICATE : By consular officer; penalty. Section 70, Criminal Code 160 By public officer, etc. ; penalty. Section 106, Revised Statutes 160 FALSE CLAIM : Against the United States ; civil liability for making and presenting. Section 3490, Revised Statutes 158 Against the United States ; penalty. Section 35, Criminal Code 157 FALSE DEMAND : On fraudulent power of attorney. Section 34, Criminal Code 177 FALSE IMPERSONATION : Of pensioner. Section 33, Criminal Code 177 FALSE OATH : Deemed perjury Act March 9, 1878 (sec. 3) 18,164 Act January 29, 1887 (sec. 3) 24,165 Act July 27, 1892 (sec. 3) 20,165 FALSE PERSONATION : Government officer ; penalty. Section 32, Criminal Code__ 177 FATHERS : Pensionable status. Section 4707, Revised Statutes, and act June 27, 1890 (sec. 1) 67, 69 Regulations and instructions relative to claims of 194 FEE: Allowed fourth-class postmaster for administering oaths in execution of pension vouchers. Act August 23, 1894___ 117 Allowed rural delivery carriers for administering oaths in execution of pension vouchers. Act June 25, 1910 (sec. 2) 117 Amount to be paid as, in absence of articles of agreement. Act July 4, 1884 (sec. 4) Attorney Allowed Act July 4, 1884 (sees. 3 and 4)__ 86,17 Act June 27, 1890 (sec. 4) - 46,90,17 Act March 3, 1891 Act April 19, 1908 (sec. o) 65,91,174 222 INDEX. FEE Continued. Attorney Continued. None allowed, when Page. Act January 28, 1879 (sec. 4) 59 Act March 19, 1886 (sec. 2) 62,91 Act August 15, 1892 (sec. 2) 41,91,175 Act July 4, 1884 (sec. 4) 87,91 Act March 3, 1901 (sec. 2) 71,91 Act February 28, 1903 (sec. 2) 73,92 Act February 6, 1907 (sec. 3) 28, 50, !2 | Act April 19, 1908 (sec. 3) 65,91,174 Act May 28, 1908 90, 175 To be paid only upon direction of Commissioner of Tensions Act July 4, 1884 (sec. 3) 86. 173 j Act June 27, 1890 (sec. 4) 1 49,90,173 Act April 19, 1908 (sec. 3) 65,91,174 Board of examining surgeons, none paid member not participating. Act July 25, 1882 (sec. 4) 110,111 Of examining surgeon Expert. Act July 25, 1882 (sec. 4) 110,111 For examination of claimant's residence, when out of corporate limits. Increased. Act May 28, 1908 112 Of surgeon, for examination. Act July 25, 1882 (sec. 4) 110, 111 Of surgeon, for examination in a foreign co'mtry. Act July 25, 1882 (sec. 4) 110, 111 Of witnesses before special examiner. Section 185, Revised Statutes 6 FEE CONTRACTS : Made prior to passage of act null and void Act June 27, 1902 22,92 Act May 30, 1908 23,92 FEE, ILLEGAL, : Agents or attorneys, demanding or receiving ; penalty Section 5485, Revised Statutes 172 Act July 4, 1884 (sec. 4) _ 88,173 Act June 27, 1890 (sec. 4) 46,90,173 Act March 3, 1891 89,174 Act August 5, 1892 41,91,175 Act April 19, 1908 65,91,174 Act May 28, 1908 90,175 United States pension agent taking ; penalty. Section 108, Criminal Code 175 FEET: Rates for loss of. Tables of rates, No. 2 149 FELONIES AND MISDEMEANORS : Distinguished. Section 335, Criminal Code 182 FELONY : Misprison of, denned. Section 146, Criminal Code 181 FLEEING FROM JUSTICE: Section 1045, Revised Statutes 182 FOREIGN CLAIMS : Execution of declarations, etc. Section 1750, Revised Statutes, and act July 26, 1892 163, 81 FOREIGNERS : Not entitled to pension, certain Indian war claims. Act July 26, 1892 (sec. 1) 21 FOREIGN MEDICAL EXAMINATION : Surgeons, fee for. Act July 25, 1882 (sec. 4) 111 FOREIGN RESIDENTS : Payment of pension to. Act March 2, 1895 121 Payment of pension to, not made on power of attorney. Act March 14, 1898_ 121 FORFEITURE OF PENSION : Abandonment of minor child or children by widow, works. Section 4706, Revised Statutes 67 ; Adulterous cohabitation by widow, works. Act August 7, 1882 (sec. 2) 62 FORGED OBLIGATIONS : Buying, etc. ; penalty. Section 154, Criminal Code 162 Of the United States ; penalty for passing, etc. Section 151, Criminal Code 162 , INDEX. 223 FORGED PAPERS : Page. Penalty for having in possession. Section 30, Criminal Code 162 Penalty for transmitting. Sections 28 and 29, Criminal Code 161 FORGING : Bond, bid or public record; penalty. Section 28, Criminal Code 161 Certificate of oath ; penalty. Section 1750, Revised Statutes 163, 164 Deeds, powers of attorney, etc. ; penalty. Section 29, Criminal Code 161 United States securities; penalty. Section 148, Criminal Code 162 FORM : Blank, for declaration, etc., to be furnished by Commissioner of Pensions. Section 4748, Revised Statutes 79 Blank, for voucher, Secretary of Interior to cause suitable, to be printed and distributed. Section 4767, Revised Statutes 116 Of attorney's oath. Section 1757, Revised Statutes 85 Of fee contract 96 FOURTH-CLASS POSTMASTERS : Authorized to administer oaths in execution of pension vouchers. Act August 23, 1894 117 Fee allowed for administering oaths in execution of pension vouchers. Act August 23, 1894 117 FRANKED ENVELOPES : For return of pension vouchers, Secretary of the Interior to furnish free. Act March 4, 1909 117 FBADD : Upon evidence of, in obtaining special act, Commissioner of Pensions to sus- pend pension. Section 4720, Revised Statutes 134 FUGITIVE PROM JUSTICE : Statute of limitations does not apply to. Section 1045, Revised Statutes 182 FUNERAL EXPENSES : Payment of, when made out of accrued pension. Regulations and instructions relative to claims for 203 FURLOUGH, SICK OR VETERAN : Disability incurred while on, line of duty. Section 4700__ 42 G. GOOD MORAL CHARACTER: Question of, to be determined by Commissioner of Pensions. Act March 3, 1899 ___' 120 GOVERNMENT HOSPITAL FOR INSANE : Claim for share of pension of inmate of. Regulations and instructions rela- tive to 201 Delivery of insane criminals accused of crime. Section 4855, Revised Statutes- 156 Disposition of accrued pension on death of inmates Act February 20, 1905 Act June 30, 1906 Act February 2, 1909 Disposition of accumulated pension on transfer of inmate to National Home, Disabled Volunteer Soldiers Act February 20, 1905 Act February 2, 1909 Insane persons accused of crime, confined in, how supported. Section 4851, Revised Statutes 156 Insane persons accused of crime may be confined in. Section 4851, Revised Statutes Pensions of inmates, how disbursed Act February 20, 1905 Act February 2, 1909 Persons becoming insane while in custody of United States officer or i prisoned, to be admitted to. Act August 7, 1882 Who entitled to admission to Act August 7, 1882 Act February 20, 1905 GOVERNMENT OFFICERS OR EMPLOYEES : Making false entries or false reports; penalty. Act March 4, 1911 Not to prosecute claims against the United States. Section 109, Criminal Code _. 166 RETURN IO 1 ALL BOOKS MAY BE RECALLED AFTER 7 DAYS DUE AS STAMPED BELOW eeRiYrtM it t ociMI UN ILL NOV 7 1327 U. C. BERKELE r FORM NO. DD 19 UNIVERSITY OF CALIFORNIA, BERKELEY BERKELEY, CA 94720 YC 63033 M83565 t\\( THE UNIVERSITY OF CALIFORNIA LIBRARY