j$pEerl
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373 (3-1571)
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1912.
LAWS OF THE UNITED STATES
GOVERNING THE GRANTING OF
ARMY AND NAVY PENSIONS
TOGETHER WITH THE
REGULATIONS RELATING THERETO
COMPILED UNDER THE DIRECTION OF THE COMMISSIONER OF
PENSIONS AND PUBLISHED IN ACCORDANCE WITH THE
PROVISIONS OF SECTION 4748, REVISED STATUTES
JAMES L. DAVENPORT, Commissioner of Pensions
UC-NRLF
7?
WASHINGTON
GOVERNMENT PRINTING OFFICE
1912
(3-1571)
LAWS OF THE UNITED STATES
GOVERNING THE GRANTING OF
ARMY AND NAVY PENSIONS
TOGETHER WITH THE
REGULATIONS RELATING THERETO
COMPILED UNDER THE DIRECTION OF THE COMMISSIONER OF
PENSIONS AND PUBLISHED IN ACCORDANCE WITH THE
PROVISIONS OF SECTION 4748, REVISED STATUTES
JAMES L. DAVENPORT, Commissioner of Pensions
WASHINGTON
GOVERNMENT PRINTING OFFICE
1812
373
AUTHORITY FOR PUBLICATION.
SEC. 4748. That the Commissioner of Pensions, on application being made to
him in person, or by letter, by any claimant or applicant for pension, bounty-
land, or other allowance required by law to be adjusted or paid by the Pension
Office, shall furnish such person, free of all expense, all such printed instruc-
tions and forms as may be necessary in establishing and obtaining said claim ;
and on the issuing of a certffieate of penek)ft er]of a bounty-land warrant, he
shall forthwith notify the claimant or applicant, .and also the agent or attorney
in the case, if there be one, ihat -sulj oertifieate ha$ 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 '<? r s pe-
copy by the applicant or his attorney, under such rules ^ open^o^in -
and regulations as the Secretary of the Interior ma y s P ectlon -
prescribe. 1
That section one hundred and eighty-three of the Re- i 9 n%*ta't. L 3 ;
vised Statutes of the United States be, and is hereby, 89 | e c. f^ R . s .,
amended so as to read as follows : amended.
" SEC. 183. Any officer or clerk of any of the depart- affi^t^!
ments lawfully detailed to investigate frauds on, or agente ffiC o? the
attempts to defraud, the Government, or any irregularity ^ mte<
or misconduct of any officer or agent of the United States,
and any officer of the Army, Navy, Marine Corps or
Revenue-Cutter Service, detailed to conduct an investiga-
tion, and the recorder, and if there be none the presiding
officer, of any military, naval, or Revenue- Cutter Service
board appointed for such purpose, shall have authority
to administer an oath to any witness attending to testify
or depose in the course of such investigation."
Any head of a Department or Bureau in which a claim 2t 18 Feb.' S i4,
against the United States is properly pending may apply s^V. ^'412! *
to any judge or clerk of any court of the United States,
in any State, District, or Territory, to issue a subpoena
for a witness being within the jurisdiction of such court,
to appear at a time and place in the subpcena stated,
before any officer authorized to take depositions to be subpoenas to
used in the courts of the United States, there to give full ^
and true answers to such written interrogatories and cross-
interrogatories as may be submitted with the applica-
tion, or to be orally examined and cross-examined upon
the subject of such claim.
That in addition to the authority conferred by section 188 ^VstJt. if;
one hundred and eighty-four, title four of the Revised 17 |^ p 3 ^ a sec - fo 3 -
Statutes, any judge or clerk of any court of the United
States in any State, District, or Territory shall have ed -
power, upon the application of the Commissioner of
iThis language first used in act April 4, 1900, 31 Stat. L., 59. Last
used in act May 28, 1908, in the third proviso of the third paragraph.
Near the beginning of the paragraph the word " hereafter " is used limit-
ing the body of the paragraph and its several provisos.
6 ARMY AND NAVY PENSIONS.
Pensions, to issue a subpoena for a witness, being within
the jurisdiction of such court, to appear, at a time and
place in th% subpoena stated, before any officer authorized
to take depositions to be used in the courts of the United
States, or before any officer, clerk, or person from the
Pension Bureau designated or detailed to investigate or
examine into the merits of any pension claim and author-
ized by law to administer oaths and take affidavits in
such investigation or examination, there to give full
and true answers to such written interrogatories and
cross interrogatories as may be propounded, or to be
orally examined and cross-examined upon the subject
of such claim ; and witnesses subpoenaed pursuant to this
and the preceding section shall be allowed the same com-
pensation as is allowed witnesses in the courts of the
United States, and paid in the same manner.
withSse?''fees Witnesses subpoenaed pursuant to the preceding sec-
i c ct S eb ' J i 4 ' tion shall be allowed the same compensation as is allowed
lo/lj C. <-)! , S6C- ly
v. 16, p. 412. witnesses in the courts of the United States.
sec.i86,R.s. if any witness, after being duly served with such sub-
Uornp6iiin TGS* *^
timony. posna, neglects or refuses to appear, or, appearing, re-
i4 Se i87i' w* Itat f uses to testify, the judge of the district in which the
L.', 412. ' subpoena issued may proceed, upon proper process, to
enforce obedience to the subpoena, or to punish the dis-
obedience, in like manner as any court of the United
States may do in case of process of subpoena ad testifi-
candum issued by such court.
profeSonafas- Whenever any head of a Department or Bureau having
tain a e n d e;howob " ma de application pursuant to section one hundred and
isTifc. fifsec. 1 !) eighty- four, for a subpoena to procure the attendance of
v. 16, p. 412. a w itness to be examined, is of opinion that the interests
of the United States require the attendance of counsel at
the examination, or require legal investigation of any
claim pending in his Department or Bureau, he shall give
notice thereof to the Attorney-General, and of all facts
necessary to enable the Attorney-General to furnish
proper professional service in attending such examina-
tion, or making such investigation, and it shall be the
duty of the Attorney-General to provide for such service,
jjjj In case of the sickness or unavoidable absence of any
of- disbursing clerk or. disbursing agent of any executive
Substitutes au- department, independent bureau, or office, in Washington,
mneSetc ncaseofDistrict of Columbia, he may, with the approval of the
head of the department, independent bureau, or office, in
ADMINISTRATIVE ORGANIZATION. 7
which said disbursing clerk or agent is employed, author-
ize the clerk of highest grade employed therein to act
in his place, and to discharge all the duties by law or
regulations of such disbursing clerk or agent. 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. Such acting officer shall,
moreover, for the time being, be subject to all the liabili-
ties and 'penalties prescribed by law for the official mis-
conduct in like cases, of the disbursing clerk or disbursing
agent, respectively, for whom he acts, and such acting
officer shall be required by the head of the department,
independent bureau, or office, to give bond to and in such d of acting
sum as the disbursing clerk or disbursing agent may
require.
That hereafter no part of the public moneys, or of any 35
appropriation heretofore or hereafter made by Congress,
shall be used for the payment of compensation or ex-
penses of any commission, council, board, or other similar {aw, Skiden by
body, or any members thereof, or for expenses in connec-
tion with any work or the results of any work or action
of any commission, council, board, or other similar body,
unless the creation of the same shall be or shall have been
authorized by law; nor shall there be employed by detail,^ 1 * 113 P rohib -
hereafter or heretofore made, or otherwise personal serv-
ices from any executive department or other government
establishment in connection with any such commission,
council, board, or other similar body.
It shall be the duty of the head of each Executive De- 19 4f 35 S.
partment and other Government establishment at Wash- 24 Trave\^xpenses
ington to submit to Congress at the beginning of each e
regular session a statement showing in detail what officers
or employees (other than special agents, inspectors,
employees, who in the discharge of their regular duties
are required to constantly travel) of such Executive De-
partment or other Government establishment have
traveled on official business from Washington to points
outside of the District of Columbia during the preceding
fiscal year, giving in each case the full title of the official
or employee, the destination or destinations of such travel,
the business or work on account of which the same was
made, and the total expense to the United States charged
in each case.
g ARMY AND NAVY PENSIONS.
,A A A/2? e * T 22 ' It shall not be lawful hereafter for any clerk or othe
1906, 34 otat. Li., . /i
449, c. 3514, sec. 5. em pi ovee j n the classified service in any of the Executiv<
cierks, etc., to Departments to be transferred from one Department t<
serve three years r
in one depart- ano ther Department until such clerk or other employe*
ment before - 1
transfer to an- s i ia u h ave served for a term of three years in the Depart
ment from which he desires to be transferred.
D e e c ta?is i( of civil Hereafter it shall be unlawful to detail civil officers
* from clerks, or other subordinate employees who are authorizec
trict of columbfa or employed under or paid from appropriations made f 01
restricted. fa^ military or naval establishments, or any other brand
of the public service outside of the District of Columbia
except those officers and employees whose details are n<
specially provided by law, for duty in any bureau, office
or other division of any Executive Department in the Dis-
trict of Columbia, except temporary details for duty con-
nected with their respective offices.
prohibition' S of -^ officer, clerk, or employe in the United States Gov-
contributions, ernment employ shall at any time solicit contributions
presents, etc., to * *
BU ct ior Feb j from other officers, clerks, or employes in the Govern-
pfeV' u ' v * 16 ' ment service for a gift or present to those in a superior
official position; nor shall any such officials or clerical
superiors receive any gift or present offered or presented
to them as a contribution from persons in Government
employ receiving a less salary than themselves ; nor shall
any officer or clerk make any donation as a gift or present
to any official superior. Every person who violates this
section shall be summarily discharged from the Govern-
ment employ.
i8MVstat i?' -^ n ^ no officer, clerk, or employee of any executive
^otaries^ubiic department who is also a notary public or other officer
a empioyeS~ authorized to administer oaths, shall charge or receive
oaths. an y fee or compensation for administering oaths of office
to employees of such department required to be taken on
appointment or promotion therein.
DEPARTMENT OF THE INTERIOR,
cliarges - Washington, D. C., January 5, 1905.
By direction of the President:
It is hereby ordered that hereafter no officer, clerk, or
employee in the Executive service of the Government, who
is also a notary public, shall charge or receive any com-
pensation whatever for performing any notarial act for
an officer, clerk, or employee of the Government in his
official capacity, or in any matter in which the Govern-
ADMINISTRATIVE ORGANIZATION. 9
ment is interested, or for any person when, in the case
of such person, the act is performed during the hours
of such notary's service to the Government. Disobedience
of this order shall be ground for immediate dismissal
from the service.
E. A. HITCHCOCK, Secretary.
On March 31, 1905, the President directed the amend-
ment of the above by adding at the end thereof the fol-
owing paragraph:
" This order shall not apply to oaths of disinterested-
ness, or other oaths required to be made by law, provided
:hat the work in connection therewith is not performed
during office hours."
E. A. HITCHCOCK, Secretary.
APRIL 7, 1905.
That the following sums be, and the same are hereby, Act Mar. 4,1911,
. , , * . ,_ _ J '36Stat. L./1216,
appropriated, out or any money in the Treasury not 0.237, sec. i, part,
otherwise appropriated, in full compensation for the
service of the fiscal year ending June thirtieth, nineteen
lundred and twelve, for the objects hereinafter expressed,
lamely: * * *
PENSION OFFICE : Commissioner of Pensions, five thou- au *gjgjj office,
and dollars; Deputy Commissioner, three thousand six
Lundred dollars; Second Deputy Commissioner, three
thousand six hundred dollars; chief clerk, two thousand
five hundred dollars ; assistant chief clerk, 1 two thousand
dollars; medical referee, three thousand dollars; assist-
ant medical referee, two thousand two hundred and fifty
dollars; two qualified surgeons, at two thousand dollars
each; fifteen medical examiners, at one thousand eight
hundred dollars each; eight chiefs of division, at two
thousand dollars each ; law clerk, two thousand two hun-
dred and fifty dollars; chief of board of review, two
thousand two hundred and fifty dollars ; fifty-seven prin-
cipal examiners, at two thousand dollars each; private
secretary, to be selected and appointed by the Commis-
sioner of Pensions, two thousand dollars; sixteen assist-
ant chiefs of division, at one thousand eight hundred dol-
*By the act of Aug. 5, 1882 (22 Stat. L., 247), provision is first made
for assistant chief clerk, law clerk, chiefs of division, assistant medical
referee, qualified surgeons, and medical examiners. The first appropriation
for chief of the board of review is in the act of Apr. 28, 1902 (32 Stat. L.,
159). A private secretary to the commissioner was first authorized by the
act of Mar. 3, 1905 (33 Stat. L., 1233).
10 ARMY AND NAVY PENSIONS.
lars each ; three stenographers, at one thousand six hun-
dred dollars each; ninety-five clerks of class four; one
hundred clerks of class three ; two hundred and seventy-
five clerks of class two; two hundred and ninety-five
clerks of class one; sixty-five clerks, at one thousand
dollars each; thirty copyists; twenty-seven messengers;
twelve assistant messengers ; seventeen skilled laborers, at
six hundred and sixty dollars each; twenty messenger
boys, at four hundred dollars each ; and for the following
for care of buildings under the chief clerk of the Interior
Department, namely, superintendent of building, one
thousand four hundred dollars; two engineers, at one
thousand two hundred dollars each; three firemen;
twenty-three laborers; ten female laborers, at four hun-
dred dollars each ; fifteen charwomen ; painter, skilled in
his trade, nine hundred dollars ; cabinetmaker, skilled in
his trade, nine hundred dollars; captain of the watch,
eight hundred and forty dollars; three sergeants of the
watch, at seven hundred and fifty dollars each; twenty
watchmen; in all, one million four hundred and eighty-
three thousand six hundred and twenty dollars.
^ or P 61 * ^em, wnen absent from home and traveling^on
duty outside the District of Columbia, for special ex-
aminers or other persons employed in the Bureau of
Pensions, detailed for the purpose of making special
investigations pertaining to said bureau, in lieu of ex-
penses for subsistence, not exceeding three dollars per
day, and for actual and necessary expenses for transpor-
tation and assistance, and any other necessary expenses,
including telegrams, two hundred and fifteen thousand
dollars.
tem ard " indexsys " For continuing the installation of the card-index sys-
tem of the records of the Pension Office, ten thousand
dollars.
cia^amtaerS 6 " For an additional force of forty-five special examiners
for one year, at one thousand three hundred dollars each,
fifty-eight thousand five hundred dollars, and no person
so appointed shall be employed in the State from which
he is appointed; and any of those now employed in the
Pension Office or as special examiners may be reappointed
if they be found to be qualified,
sec. 2, id. . The pay of telephone-switchboard operators, assistant
Pay of switch-
board operators, messengers, firemen, watchmen, laborers, and charwomen
assistant messen- . e ' . .
etc" 8 ' rated borers ' P rovic * ec i * or ln this Act, except those employed in mints
and assay offices, unless otherwise specially stated, shall
ADMINISTRATIVE ORGANIZATION. 11
36 as follows: For telephone-switchboard operators, as-
dstant messengers, firemen, and watchmen, at the rate
seven hundred and twenty dollars per annum each;
for laborers, at the rate of six hundred and sixty dollars
r annum each; assistant telephone-switchboard oper-
itors at the rate of six hundred dollars each; and for
:harwomen, at the rate of two hundred and forty dollars
per annum each.
That the appropriations herein made for the officers,
clerks, and persons employed in the public service shall
not be available for the compensation of any persons in-
capacitated otherwise than temporarily for performing
such service, and the heads of departments shall cause
iris provision to be enforced.
fc-
Chapter II.
PENSIONS BASED ON SERVICE PRIOR TO MARCH 4, 1861. .
ACT MAR. 16, 1802, SBC. 14. Invalid pen-
sions.
ACT APR. 24, 1816. Rates in invalid pen-
sion claims.
SEC. 1657, R. S. Volunteers, etc., to sup-
press Indian depredations in Florida ;
benefits to.
SEC. 4228, R. S. Pensions to officers and
seamen of the Navy disabled prior to
Mar. 4, 1861.
SEC. 4729, R. S. Pensions to widows and
minors of certain officers and seamen of
the Navy disabled prior to March 4,
1861.
SEC. 1656, R. S. Pensions to widows, etc.,
of those who die in the service.
SEC. 4732, R. S. Widows and minor chil-
dren of persons engaged in the War of
1812, and in the various Indian wars
since 1790.
SEC. 4725. R. S. Half-pay pensions to
widows and children ; commencement of.
SEC. 4726, R. S. Minor's title on remar-
riage of widow.
SEC. 4727, R. S. Rate of half-pension.
SEC. 4712, R. S. Extension of general pen-
sion laws to old war pensioners in the
matter of rates.
ACT JUNE 9, 1880. To restore pensions in
certain cases.
SEC. 4713, R. S. Commence of ante-rebellion
pensions.
ACT MAR. 9, 1878. Pensions to survivors of
the War of 1812 and their widows.
ACT JULY 27, 1892. Pensions to survivors
of certain Indian wars and their widows.
ACT JUNE 27, 1902. Extension of provi-
sions of act July 27, 1892.
ACT MAY 30, 1908. Extension of provisions
of act July 27, 1892.
ACT FEB. 3, 1893. Citizenship in Indian
war claims ; proof.
SEC. 4730, R. S. Mexican War ; Regulars or
Volunteers disabled ; pensioned.
SEC. 4731, R. S. Widows and children of
Regulars or Volunteers in the Mexican
War.
ACT JAN. 29, 1887. Mexican survivors and
certain widows to be pensioned.
SEC. 3, FOURTEENTH AMENDMENT, CONSTI-
TUTION OF THE UNITED STATES. Political
disabilities created.
ACT JUNE 6, 1898. Political disabilities re-
moved.
ACT JAN. 5, 1893. Increase of pension in
certain Mexican War cases.
ACT APR. 23, 1900. Increase of pension in
certain Mexican War cases.
ACT MAR. 3, 1903. Increase of pension in
certain Mexican War cases.
ACT MAR. 3, 1891. Pensions for members of
Powell's battalion.
ACT FEB. 17, 1897. Pensions for members
Gray's battalion.
ACT FEB. 6, 1907. Pensions for certain offi-
cers and men who served in the Civil
War and the War with Mexico.
ACT MAR. 4, 1907. Extending provisions of
act Feb. 6, 1907.
And be it further enacted, That if any officer, noncom-
missioned officer, musician, or private, in the corps com-
posing the peace establishment shall be disabled byjgjjjj **%* the
wounds or otherwise, while in the line of his duty in gjjjjjj 1 Jj^ Jj
public service, he shall be placed on the list of invalids specified rates.
of the United States, at such rate of pay and under such
regulations as may be directed by the President of the
United States for the time being : Provided always, that
the compensation to be allowed for such wounds or dis-
abilities, to a commissioned officer, shall not exceed for
the highest rate of disability half the monthly pay of
13
be ex ~
14 ARMY AND NAVY PENSIONS.
such officer, at the time of his being disabled or wounded ;
and that no officer shall receive more than the half pay
of a lieutenant-colonel ; and that the rate of compensation
to noncommissioned officers, musicians, and privates, shall
inferior djsa- no t exceed five dollars per month: And provided also.
bilities to entitle ,*'' - t *, in ,',1,1
to proportionate that all inferior disabilities shall entitle the person so
allowances. . ,. .
disabled to receive an allowance proportionate to the
highest disability. 1
i8u> 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 ^f<fkenfrom
cause to be stricken from the pension roll the name of rollforfraud -
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 representations, and
that such person is not entitled to a pension under this
act. The loss of the certificate of discharge shall not LOSS of dis-
. charge certifi-
deprive any person of the benefits of this act, but other cate not a bar.
evidence of service performed and of an honorable dis-
charge may be deemed sufficient.
That this act shall not apply to any person who is re- sec. 4, id.
L J . J r Not in addition
ceiving a pension at the rate of eight dollars per month *? on existing P 611 '
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.
That the pension laws now in force, which are not
inconsistent or in conflict with this act, are hereby made
a part of this act, so far as they may be applicable
thereto.
That section forty-seven hundred and sixteen of the ^J^}J' B g
Revised Statutes is hereby repealed, so far as the same ? ers r eSlnf i ga not
relates to this act or to pensioners under this act. excluded.
22 ARMY AND NAVY PENSIONS.
Act 2 June 27, That the provisions, limitations, and benefits of the act
39 s'urVivors fW&tled "An Act granting pensions to survivors of the
(1817-1858) wa em- Indian wars of eighteen hundred and thirty-two to
si Act d ' Jui 27 eighteen hundred and forty-two, inclusive, known as the
1892, amended. 'Black Hawk v war, Creek war, Cherokee disturbances,
and the Seminole war," approved July twenty-seventh,
eighteen hundred and ninety-two, be, and the same are
hereby, extended, from the date of the passage of this Act,
to the surviving officers and enlisted men, including
marines, militia, and volunteers of the military and naval
Thirty days' service of the United States who served for thirty days
service and an J
char ? ble rere d ui" or more an( ^ were honorably discharged under the United
slte - States military, State, Territorial, or provisional au-
thorities in the Florida and Georgia Seminole Indian
war of eighteen hundred and seventeen and eighteen
hundred and eighteen; the Fevre River Indian war of
Illinois of eighteen hundred and twenty-seven; the Sac
and Fox Indian war of eighteen hundred and thirty-
one ; the Sabine Indian disturbances of eighteen hundred
and thirty -six and eighteen hundred and thirty-seven;
the Cayuse Indian war of eighteen hundred and forty-
seven and eighteen hundred and forty-eight, on the Pa-
cific coast; the Florida wars with the Seminole Indians,
from eighteen hundred and forty-two to eighteen hun-
dred and fifty-eight, inclusive ; the Texas and New Mexico
Indian war of eighteen hundred and forty-nine to eight-
een hundred and fifty-six; the California Indian dis-
turbances of eighteen hundred and fifty-one and eighteen
hundred and fifty-two; the Utah Indian disturbances of
eighteen hundred and fifty to eighteen hundred and fifty-
three, inclusive, and the Oregon and Washington Terri-
tory Indian wars from eighteen hundred and fifty-one to
eighteen hundred and fifty-six, inclusive ; and also to in-
clude the surviving widows of such officers and enlisted
have men : ftww&facft That such widows have not remarried:
entified remarried ^~ n ^ P rov ^ed further. That where there is no record of
to P ab- en li s tment or muster into the service of the United States
^ tne wars mentioned in this Act the record of
muster. pa y by the United States shall be accepted as full and sat-
isfactory proof of such enlistment and service : And pro-
nuntndvoid tract v ^ e ^ further, That all contracts heretofore made between
the beneficiaries under this Act and pension attorneys and
claim agents are hereby declared null and void. 1
* By resolution of April 28, 1904, 33 Stat. L., 591, the military rolls and
records of the Indian wars or any other wars prior to the Civil War were
transferred from the Interior Department to the Record and Pension Office,
War Department.
PENSIONS BASED ON SERVICE PRIOR TO MARCH 4, 1861. 23
That the provisions, limitations, and benefits of an Act 19 ^ t 3 5^tJ tj L'
entitled "An Act granting pensions to survivors of the 553 ' - 230 -
Indian wars of eighteen hundred and thirty-two to eight- Indian wars,
een hundred and forty-two, inclusive, known as the
Black Hawk war, Creek war, Cherokee disturbances,
and the Seminole war,'' approved July twenty-seventh,
eighteen hundred and ninety-two, be, and the same are
hereby, extended from the date of the passage of this
Act to the surviving officers and enlisted men of the Texas ser^fce 81 ^ 118 ex-
volunteers who served in the defense of the frontier of ^lunteeX >Texas
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 St<it. Jj.j 9 / /
137, c. 251. increase of pension to soldiers of the Mexican war in
Mexican War . ,.
survivors. certain cases, approved January fifth, eighteen hundred
Increase of . J
m cer- an d ninety-three, be, and they are hereby, extended to
all survivors of the Mexican war who are pensionable
under existing Mexican war service pension laws, and
who have become or may hereafter become wholly dis-
abled for manual labor and in such destitute circum-
stances that eight dollars per month are insufficient to
provide them the necessaries of life, irrespective of the
date of the granting of the said service pension.
Act Mar. 3, That the Secretary of the Interior be, and he is here-
1903, 32 Stat. L., , ,. _ * .
1228, c. 1021. by, authorized and directed to place on the pension roll,
pension to aii at the rate of twelve dollars per month, all Mexican
Mexican War sur-
vivors, war survivors now on the roll, or who may hereafter
be placed on the roll, under the Acts of January twenty-
ninth, eighteen hundred and eighty-seven, March third,
eighteen hundred and ninety-one, and February fifth,
eighteen hundred and ninety-seven. 1
!Acts Mar. 2, 1889, July 27, 1892, and Mar. 1895, relieved certain
persons who served in the Mexican War from the charge of desertion.
PENSIONS BASED ON SERVICE PRIOR TO MARCH 4, 1861.
27
That the Secretary of the Interior be, and he is hereby, 18 ^f 2 6 sSt. L.',
authorized and directed to place on the pension-roll the 14 p^S for
1 names of all of the honorably discharged surviving enTSaHon w "
officers and enlisted men of Powell's Battalion of Missouri
Mounted Volunteers, raised under the act of Congress
of May thirteenth, eighteen hundred and forty-six, for
service during the war with Mexico; and the names of
the surviving widows of such officers and enlisted men,
subject to the limitations and regulations of the pension
laws of the United States for pensioning the survivors
of the war with Mexico.
That the Secretary of the Interior be, and he is hereby, i^f 29 ^tat. ill
authorized and directed to place on the pension roll the^Gr'ay^'s bat-
names of all of the honorably discharged surviving p^isfoned!
officers and enlisted men of Gray's Battalion of Arkansas
Volunteers, raised under the Act of Congress of May
thirteenth, eighteen hundred and forty-six, for service
during the war with Mexico; and the names of surviv-
ing widows of such officers and enlisted men, subject to
the limitations and regulations of the pension laws of
the United States for pensioning the survivors of the
war with Mexico.
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 pro-
vide, be placed upon the pension roll, and be entitled to
receive a pension as follows: In case such person has Ratto g-
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 the filing of the
application in the Bureau of Pensions after the passage
and approval of this Act : Provided. That pensioners who P rovisos -
f r Present pen-
are sixtv-two vears of age or over, and who are now sioners and ap-
. . J J plicants entitled.
receiving pensions under existing laws, or whose claims
are pending in the Bureau of Pensions, may, by applica-
tion 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
34 Itat.
Mexican
28 ARMY AND NAVY PENSIONS.
and receiving a pension under any other general or specia
: Provided, That no person shall receive a pensior
under any other law at the same time or for the samt
period that he is receiving a pension under the pro
Restriction, visions of this act i Provided further, That no person whc
is now receiving or shall hereafter receive a greater pen
sion under any other general or special law than h<
would be entitled to receive under the provisions hereir
shall be pensionable under this Act.
sec. 2, id. That rank in the service shall not be considered in
Rank in service
not considered, applications filed hereunder.
sec. 3, id. That no pension attorney, claim agent, or other persor
Agents not en- , ,, , ..,, -, , , .
titled 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.
i9OT Ct 34 EMM L 4 ' * * * And provided further, That the benefits of th
i4ot>i 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<m$6 rate
for any degree of pensionable disability, shall have their
pensions increased to six dollars per month; and that
hereafter, whenever any applicant for pension would
under existing rates, be entitled to less than six dollars
for any single disability, or several combined disabilities,
such pensioner shall be rated at not less than six dollars
per month: Provided also, That the provisions hereof ti ^ ctnotretroac -
shall not be held to cover any pensionable period prior to
the passage of this Act, nor authorize a rerating of any
claims for any part of such period, nor prevent the allow-
58 ARMY AND NAVY PENSIONS.
ance of lower rates than six dollars per month, according
to the existing practice in the Pension Office in pending
cases covering any pensionable period prior to the pas-
sage of this Act.
i879 Ct 2o J stat 5 ' That all pensions which have been granted under the
2G An-earsS C pen- general laws regulating pensions, or may hereafter be
granted, in consequence of death from a cause which
originated in the United States service during the con-
tinuance of the late war of the rebellion, or in con-
sequence of wounds, injuries, or disease received or con-
tracted in said service during said war of the rebellion,
commence- shall commence from the date of the death or discharge
from said service of the person on whose account the
claim has been or shall hereafter be granted, or from the
termination of the right of the party having prior title to
Rate. such pension : Provided, The rate of pension for the inter-
vening time for which arrears of pension are hereby
granted shall be the same per month for which the pen-
sion was originally granted.
sec. 2, id. That the Commissioner of Pensions is hereby author-
Rules and regu- . . J
lations. ized and directed to adopt such rules and regulations for
the payment of the arrears of pension hereby granted as
will be necessary to cause to be paid to such pensioner,
or, if the pensioner shall have died, to the person or per-
sons entitled to the same, all such arrears of pension as
the pensioner may be, or would have been, entitled to
under this act.
lee* 4717 'R s That section forty-seven hundred and seventeen of
repealed. ' " t h e Eevised Statutes of the United States, which pro-
vides that " no claim for pension not prosecuted to a suc-
cessful issue within five years from the date of filing the
same shall be admitted without record evidence from the
War or Navy Department of the injury or the disease
which resulted in the disability or death of the person on
whose account the claim is made : Provided, That in any
case in which the limitation prescribed by this section
bars the further prosecution of the claim, the claimant
may present, through the Pension Office, to the Adjutant-
General of the Army or the Surgeon-General of the Navy,
evidence that the disease or injury which resulted in the
disability or death of the person on whose account the
claim is made originated in the service and in the line of
duty ; and if such evidence is deemed satisfactory by the
officer to whom it may be submitted, he shall cause a rec-
INVALID PENSIONS BASED ON SERVICE SINCE MARCH 4, 1861. 59
ord of the fact so proved to be made, and a copy of the
same to be transmitted to the Commissioner of Pensions,
: and the bar to the prosecution of the claim shall thereby
be removed," be, and the same is hereby, repealed.
No claim agent or other person shall be entitled to
receive any compensation for services in making applica-
tion for arrears of pension. 4769 4786 R - s -
That all acts or parts of acts so far as they may con-
flict with the provisions of this act be, and the same are
hereby, repealed.
That the rate at which the arrears of invalid pensions 18 ^ 20 ^ L 3 ;
shall be allowed and computed in the cases which have ^ 9 r ' t c - 187 ' ^
been or shall hereafter be allowed shall be graded accord- Rate of arrears '
ing to the degree of the pensioner's disability from time
to time, and the provisions of the pension laws in force
over the period for which the arrears shall be computed.
That section one of the act of January twenty-fifth
eighteen hundred and seventy-nine, granting arrears of
pensions shall be construed to extend to and include pen-
sions on account of soldiers who were enlisted or drafted
for the service in the War of the Rebellion, but died or
incurred disability from a cause originating after the ces-
sation of hostilities, and before being mustered out : Pro-
vided, That in no case shall arrears of pensions be allowed
and paid from a time prior to the date of actual disability.
All pensions which have been, or which may hereafter coin'm
be, granted in consequence of death occurring from a mentofpension -
cause which originated in the service since the fourth
day of March, eighteen hundred and sixty -one, or in con-
sequence of wounds or injuries received or disease con-
tracted since that date shall commence from the death or
discharge of the person on whose account the claim has
been or is hereafter granted if the disability occurred
prior to discharge, and if such disability occurred after
the discharge then from the date of actual disability or
from the termination of the right of party having prior
title to such pension : Provided, The application for such ^^0,%^
pension has been or is hereafter filed with the Commis- cl ^' act June 7>
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<?en d t during the late war of the rebellion, and who was hon-
nora entified. "^ orably discharged has died, or shall hereafter die, leaving
a widow without means of support other than her daily
comn^disquai- labor, and an actual net income not exceeding two hun-
dred and fifty dollars per year, or minor children under I
the age of sixteen years, such widow shall, upon due proof I
of her husband's death, without proving his death to be I
the result of his Army service, be placed on the pension I
roll from the date of the application therefor under this
Act, at the rate of eight dollars per month during her I
widowhood, and shall also be paid two dollars per month
for each child of such officer or enlisted man under six-
teen years of age ; and in case of the death or remarriage
of the widow, leaving a child or children of such officer
Minor's title. or enlisted man under the age of sixteen years, such pen- i
PENSION TO WIDOWS AND DEPENDENT RELATIVES. 65
sion shall be paid such child or children until the age
of sixteen : Provided. That in case a minor child is in- insane or help-
. , . .. . . ,, less children.
J sane, idiotic, or otherwise physically or mentally helpless,
I the pension shall continue during the life of said child, continuance of
j or during the period of such disability ; and this proviso
[ shall apply to all pensions heretofore granted or here-
after to be granted under this or any former statute;
and such pensions shall commence from the date of commence-
ment of pensions.
[ application therefor after the passage of this Act: And
' provided further -, That said widow shall have married to L tiSe at o? n ma
said soldier prior to the passage of the said Act of June riage>
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<n fund.
[SEC. 4752, R. S. Creation of the Navy pen-
jj sion fund.
SKC. 4753, R. S. Investment of the Navy
, pension fund.
tSEC. 4754, R. S. Rate of interest on Navy
pension fund.
SEC-. 4755, R. S. Navy pensions payable
from fund.
SEC. 4756, R. S. Half rating to disabled
enlisted persons serving 20 years in Navy
or Marine Corps.
SEC. 4757, R. S. Disabled enlisted persons
entitled to receive aid after 10 years'
service.
The Secretary of the Navy shall be trustee of the Navy
pension-fund. ' "^^iX^B
All penalties and forfeitures incurred under the pro-
visions of sections twenty-four hundred and sixty-one,
twenty-four % hundred and sixty-two, twenty-four him- i8fi e
dred and sixty-three, title " THE PUBLIC LANDS," shall 472-
be sued for, recovered, distributed, and accounted for
under the directions of the Secretary of the Navy, and
shall be paid over, one-half to the informers, if any, or
captors, where seized, and the other half to the Secretary
of the Navy for the use of the Navy pension-f und ; and
the Secretary is authorized to mitigate, in whole or in
part, on such terms and conditions as he deems proper,
by an order in writing, any fine, penalty, or forfeiture so
incurred. 1
All money accruing or which has already accrued to
the United States from sale of prizes shall be and remain accruing to the
United States to
forever a fund for the payment of pensions to the officers, remain a fund
.for pensions.
seamen, and marines who may be entitled to receive the sec. n.
same; and if such fund be insufficient for the purpose, eo?. '
the public faith is pledged to make up the deficiency;
but if it should be more than sufficient, the surplus shall
1 See act June 3, 1878, 20 Stat. L., 90, c. 51, sec. 5.
75
76 ARMY AND NAVY PENSIONS.
be applied to the making of further provision for the
comfort of the disabled officers, seamen, and marines.
N^vy^ension ^he Secretary of the Nvy, as trustee of the naval pen-
tnvested w to ** s ^ on ^ un ^ ^ s directed to cause to be invested in the reg-
jj| e ii to 3istered securities of the United States, on the first day of
stat.L.,4H. January and the first day of July of each year, so much
of such fund then in the Treasury of the United States
as may not'be required for the payment of naval pen-
sions for the then current fiscal year; and upon the
requisition of the Secretary, so much of the fund as may
not be required for such payment of pensions accruing
during the current fiscal year shall be held in the Treas- 1
ury on the days above named in each year, subject to his
order, for the purpose of such immediate investment ; I
and the interest payable in coin upon the securities in I
which the fund may be invested, shall be so paid, when I
due, to the order of the Secretary of the Navy, and he
is authorized and directed to exchange the amount of
such interest when paid in coin, for so much of the |
legal currency of the United States as may be obtained
therefor at the current rates of premium on gold, and to
deposit the interest so converted in the Treasury to the
credit of the naval pension-fund; but nothing herein
contained shall be construed to interefere with the pay-
ment of naval pensions under the supervision of the
Secretary of the Interior as regulated by law.
iiSe 4 onn?erest ^he interest on the naval pension-fund shall hereafter be
?und aval pension at the rate of three per centum per annum in lawful money.
Sec. 2, July 23, 1868, 15 Stat. L., 170.
Nav 4755 ensions ^ ne ^ av y pensions shall be paid from the Navy pen-
fund able froms i n -f im d, but no payments shall be made therefrom ex-
i87o c \6 J stat L 1?ce Pt u P n appropriations authorized by Congress.
22 iec.4756,R.s. There shall be paid out of the naval pension fund to
diSbi f ed ra eSlted every person who, from age or infirmity, is disabled from
20 yeare iiTiS?! sea service, but who has served as an enlisted person, or
r Act arin Ma? orp 2; as an appointed petty officer, or both, in the Navy or
5i6%n 4 d S amen"d- Marine Corps for the period of twenty years, and not
SSlW staf.' S; been discharged for misconduct, in lieu of being provided
with a home in the Naval Asylum, Philadelphia, if he
so elects, a sum equal to one-half the pay of his rating at
the time he was discharged, to be paid to him quarterly,
under the direction of the Commissioner of Pensions;
Application to and applications for such pension shall be made to the
be filed with Sec- , . ,. , ,,
retary of Navy. Secretary of the Navy, who, upon being satisfied that
NAVY AND PRIVATEER PENSION FUND. 77
the applicant comes within the provisions of this section,
shall certify the same to the Commissioner of Pensions,
and such certificate shall be his warrant for making pay-
ment as herein authorized. 1
Every disabled person who has served in the Navy or sec. 4757, R. s.
" Serving not
Marine Corps as an enlisted man, or as an appointed ] e s s th n 10
years, may re-
petty officer, or both, for a period not less than ten c ^ what aid.^
years, and not been discharged for misconduct, may apply ^ ^ 14
to the Secretary of the Navy for aid from the surplus
> 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<j
do?un?ents mp tn^ ee P resci% iked for such consular or notarial act, and nj
valid. sucn ac t shall be legally valid within the jurisdiction oil
the Government of the United States unless such stain] I
or stamps is or are affixed and canceled.
!' ns' for- ^ sfta ^ not ^ e lawf ul for any person appointed af teij
t^o tne first da J of June, one thousand eight hundred am
mtiiem te claims seventy- two, as an officer, clerk, or employe in any o:!|
wsfi/'aSPiIj^ke Departments, to act as counsel, attorney, or agent foi
prosecuting any claim against the United States whicll
was pending in either of said Departments while he wn
such officer, clerk, or employe; nor in any manner noi
by any means to aid in the prosecution of any such clain
within two years next after he shall have ceased to bt
such officer, clerk, or employe.
i906 Ct 34 J st n a l L.\ That section five hundred and fifty-eight 1 of the Cod<
62 iec' 558 6 ' D c. ^ Law ^ or tne District of Columbia, relating to notaries
code. public, be amended by adding at the end of said sectior
the following : " Provided, That the appointment of an}
Notaries public person as such notan 7 public, or the acceptance of hi*
in District of Co- F J
lumbia not pro- commission as such, or the performance of the duties
hibited from prac- /
ticing before ex- thereunder, shall not disqualify or prevent such persor
ecutive depart-
ments. from representing clients before any of the department'
of the United States Government in the District oJ
Columbia or elsewhere, provided such person so ap-
pointed as a notary public who appears to practice 01
represent clients before any such Department is not other-
wise engaged in Government employ, and shall be ad
mitted by the heads of such Departments to practice
therein in accordance with the rules and regulations pre-
scribed for other persons or attorneys who are admittec
Proviso. to practice therein: And provided further, That nc
Not to take ac- notary public shall be authorized to take acknowledg
knowledgments, J ^ . .
etc., m cases ments, administer oaths, certify papers, or perform am
where interested. . ' . . .
omcial acts in connection with matters in which he is
employed as counsel, attorney, or agent or in which h<
may be in any way interested before any of the Depart-
ments aforesaid."
o e a C tas 47 by R per- ^ n ^ P erson prosecuting claims, either as attorney 01
c?5ms prosecuting on his own a ccount, before any of the Departments 01
i862 Ct i2 J stat J, 7 ' Bureaus of the United States, shall be required to take
the oath of allegiance, and to support the Constitutior
1 SEC. 558. Notaries. The President shall also have power to appoim
such number of notaries public, residents of said District, as, in his
discretion, the business of the District may require. (Code of Law, D. C.)'
APPLICATIONS AND ATTORNEYS. 85
,of the United States, as required of persons in the civil
service. 1
The oath provided for in the preceding section may sec. 3479, R. s.
. Who may ad-
;be taken before any justice of the peace, notary public, mMste^oath. ^
or other person who is legally authorized to administer i^ 2 , 12 stat. L.|
[an oath in the State or district where the same may be
jad ministered.
Expenses of testimony in disbarment proceedings : For 19 ^* 36 gf a r t \ L 4 ;
actual and necessary expenses to enable the Secretary of 1419 ' c ' 285 ' parL
jthe Interior to take testimony, and prepare the same,
in connection with disbarment proceedings instituted
[against persons charged with improper practices before J^r to pay e:
the Department of the Interior, its bureaus and offices,
one thousand dollars, or so much thereof as may be latmgt0 '
necessary. 2
The Commissioner of Pensions shall forward the cer- | * 7 ^ ^ |;
tificate of pension, granted in any case, to the agent for
ipajang pensions where such certificate is made payable,
[.and at the same time forward therewith one of the articles
of agreement filed in the case and approved by the Com-
missioner, setting forth the fee agreed upon between the
claimant and the attorney or agent, and where no agree- Re P ealed as to
ment is on file, as hereinbefore provided, he shall direct
that a fee of ten dollars only be paid the agent or attorney. 24 | je sec 4 Jan .
25, 1879, 20' Stat!
L., 265.
It shall be the duty of the agent paying such pension f^ s g n 9 4 g ^ n( %
to deduct from the amount due the pensioner the amount duty on receipt of
, -.. . , ,, ~ . . agreement.
of fee so agreed upon or directed by the Commissioner see sec. 4, Jan.
25, 1879, 20 Stat.
to be paid where no agreement is filed and approved, and L.,265.
to forward or cause to be forwarded to the agent or 1870, IG stat. L.|
attorney of record named in such agreement, or, in case Repealed as to
. ' new cases.
there is no agreement, to the agent prosecuting the case, see act June 20,
*"" . 1878j 20 feint. J-/j
the amount of the proper tee, deducting therefrom the 243.
See appropna-
sum of thirty cents in payment of his services in forward- turn act June 20,
ing the same. 3 us. '
Sec. 1757, R. S.
1 Form of oath required :
I, , do solemnly swear (or affirm) that I will support
and defend the Constitution of the United States against all enemies,
foreign and domestic ; that I will bear true faith and allegiance to the
same ; that I take this obligation freely, without any mental reservation
or purpose of evasion ; and that I will well and faithfully discharge the
duties of the office on which I am about to enter. So help me God.
2 First appropriation for this purpose made in act Mar. 4, 1909, 35 Stat.
L., 989, c. 299.
3 By act Mar. 3, 1885, 23 Stat. L., 362, c. 340, a pension agent's salary
is limited to $4,000 per annum, repealing by implication the allowance of
30 cents from an attorney fee.
86 ARMY AND NAVY PENSIONS.
23 A st t at ul . 4 '99fc: Tnat the act entitled "An act relating to claim agents
18 ktforney?' ar fees an( i attorneys in pension cases," approved June twen
"eth, eighteen hundred and seventy-eight, is hereby rej
20 stat - pealed: Provided, however, That the rights of the parties]
shall not be abridged or affected as to contracts in pend
ing cases, as provided for in said act; but such contract;
shall be deemed to be and remain in full force and virtue
and shall be recognized as contemplated by said act.
iecsVes 4769 That sections forty-seven hundred and sixty-eight
5^ S R.T^mad C e ^ or ty ^even hundred and sixty-nine, and forty-seven him
leases! in cer " dred and eighty-six of the Revised Statutes are herein
made applicable also to all cases hereafter filed with th
Commissioner of Pensions, and to all cases so filed sinc<
June twentieth, eighteen hundred and seventy-eight, anc
which have not been heretofore allowed, except as here
inafter provided.
iec! 4785,'n. s. That section forty-seven hundred and eighty-five o
amended* ed the Revised Statutes is hereby reenacted and amended s<
as to read as follows:
ney e ?or prosecSE " SEC. 4785. No agent or attorney or other person sha
demand or receive any other compensation for his service
in prosecuting a claim for pension or bounty land tha
such as the Commissioner of Pensions shall direct to b
paid to him, not exceeding twenty-five dollars ; nor shal
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: Provide
That in all claims allowed since June twentieth, eightee
hundred and seventy-eight where it shall appear to th
satisfaction of the Commissioner of Pensions that the
P ten dollars, or any part thereof, has not been paid,
deducted from s h all cause the same to be deducted from the pensior
pension.
and the pension agent to pay the same to the recognize
attorney."
That section forty-seven hundred and eighty-six o
the Revised Statutes is hereby amended so as to read a
follows :
g SEC. 4786. The agent or attorney of record in the prose
be filed. cution of the case may cause to be filed with the Com
missioner of Pensions, duplicate articles of agreemen
without additional cost to the claimant, setting forth th
fee agreed upon by the parties, which agreement shall b
executed in the presence of and certified by some office
Fee in case of competent to administer oaths. In all cases where ap
failure to file . r . . 111
agreement. plication is made tor pension or bounty land, ana n
APPLICATIONS AND ATTORNEYS. 87
agreement is filed with the commissioner as herein pro-
vided, the fee shall be ten dollars and no more. And
such articles of agreement as may hereafter be filed with Articles of
. . P -r agreement, etc.,
the Commissioner or Pensions are not authorized, nor recognized in cer-
/ , tain claims only.
will they be recognized, except in claims for original
pensions, claims for increase of pension on account of
a new disability, 1 in claims for restoration where a pen-
sioner's name has been or may hereafter be dropped from
the pension rolls on testimony taken by a special ex-
aminer, showing that the disability or cause of death on
account of which the pension was allowed did not origi-
nate in the line of duty, and in cases of dependent rela-
tives whose names have been or may hereafter be dropped
from the rolls on like testimony, upon the ground of non-
dependence, and in such other cases of difficulty and
trouble as the Commissioner of Pensions may see fit to
recognize them : Provided, That no greater fee than ten Proviso,
dollars shall be demanded, received, or allowed in any land, etc.
claim for pension or bounty land granted by special act
of Congress, nor in any claim for increase of pension
on account of the disability for which the pension had
been allowed : 2 And provided further. That no fee shall , No fee allowed
m: r ii -i i-i. for arrears of pen-
be demanded, received, or allowed in any claim for ar- slon etc -
rears of pension or arrears of increase of pension allowed
by any act of Congress passed subsequent to the date of
the allowance of the original claims in which such ar-
rears of pension or of increase of pension, may be allowed.
The articles of agreement herein provided for shall be
in substance as follows, to wit :
ARTICLES OF AGREEMENT.
Whereas I, - , late a - - in Company - - of Qf Fon ^ m f en f icles
the - - regiment of volunteers, war of eighteen hun-
dred and sixty-one (or, if the service be different, here state the
same), having made application for pension under the laws of
the United States:
Now, this agreement witnesseth, that for and in consideration
of services done and to be done in the premises, I hereby agree
to allow my attorney, - - of , the fee of -
dollars, which shall include all amounts to be paid for any service
in furtherance of said claim ; and said fee shall not be demanded
by or payable to my said attorney (or attorneys), in whole or in
part, except in case of the granting of my pension by the Com-
1 Phrase " new disability/' construed. 2 P. D., 236 ; 3 P. D.. 302.
2 See acts Mar. 3, 1891, p. 89, and May 28, 1908, p. 90.
88 ARMY AND NAVY PENSIONS.
missioner of Pensions; and then the same shall be paid to him!
(or them) in accordance with the provisions of sections forty-l
seven hundred and sixty-eight and forty-seven hundred and sixty -I
nine of the Revised Statutes.
(Claimant's signature.)
(Two witnesses' signatures.)
STATE OF , County of , ss:
Be it known that on this, the day of , anno Domini I
eighteen hundred and eighty , personally appeared the above- 1
named -, who, after having had read over to ,1
in the hearing and presence of the two attesting witnesses the!
contents of the foregoing articles of agreement, voluntarily signedl
and acknowledged the same to be - - free net and deed.
(Official signature.) .
And now, to wit, this day of , anno Domini eighteen!
hundred and eighty , I (or we) accept the provisions con- 1
tained in the foregoing articles of agreement, and will, to the best I
of my (or our) ability, endeavor faithfully to represent the inter- 1
est of the claimant in the premises.
Witness my (or our) hand, the day and year first above written. I
(Signature of attorney.)
STATE OF , County of - , ss:
Personally came , whom I know to be the person
he represents himself to be, and who, having signed above accept-
ance of agreement, acknowledged the same to be - - free act
and deed.
(Official signature.) .
a de- And if in the adjudication of any claim for pension
ducted from fee. j n w hj c h such articles of agreement have been, or may
hereafter be, filed, it shall appear that the claimant had,
prior to the execution thereof, paid to the attorney any
sum for his services in such claim, and the amount so
paid is not stipulated therein, then every such claim shall
be adjudicated in the same manner as though no articles
of agreement had been filed, deducting from the fee of
ten dollars allowed by law such sum as claimant shall
show that he has paid to his said attorney.
ladoSfac^feiat ^ nv agent or attorney or other person instrumental in
i*nsation. orcom ~ prosecuting any claim for pension or bounty land, who
shall directly or indirectly contract for, demand or
receive or retain any greater compensation for his serv-
ices 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
APPLICATIONS AND ATTORNEYS. 89
lis herein provided, or who shall wrongfully withhold
[from a pensioner or claimant the whole or any part of
[the pension or claim allowed and due such pensioner or
claimant, or the land warrant issued to any such 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 the Secretary of the Interior may prescribe rules f^J^, of
and regulations governing the recognition of agents, 1%^* T ui es P for
attorneys, or other persons representing claimants before government of
his department, and may require of such persons, agents, P r ^ution ' of
and attorneys, before being recognized as representatives
of claimants, that they shall show that they are of good
moral character and in good repute, possessed of the
necessary qualifications to enable them to render such
claimants valuable service, and otherwise competent to
advise and assist such claimants in the presentation of
their claims and such Secretary may, after notice and
opportunity for a hearing, suspend or exclude from fur-
ther practice before his department any such person,
agent, or attorney shown to be incompetent, disreputable,
or who refuses to comply with the said rules and regu-
lations, or who shall with intent to defraud in any
manner deceive, mislead, or threaten any claimant, or
prospective claimant, by word, circular, letter, or by
advertisement.
The Commissioner shall have power, subject to review commissioner
by the Secretary, to reject or refuse to recognize any con- rej
tract for fees, herein provided for, whenever it shall be for fees > 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!<MTto n wid--P ens i ns: Provided further, That hereafter no pension
aTt s idatTof it ma a r^ lmder an y law of tne United States shall be granted, al-
lowed, or paid to the widow of a soldier, sailor, officer,
PENSION AGENTS ANt> 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. ,
<?* sion granted thereby is in addition to the pension which
said person is entitled to receive under the general law.
35 J s c tat f ^' 4 'ioM' That when an additional pension has been, or may here-
c ' AddTtionli n ' a ^ ter be, granted by special act to a widow or guardian
011 accoun t of a helpless child, such additional pension
sna ^ ^ n no w ^ se a ^ ec t the rate of pension the widow may
be entitled to independent of such additional allowance.
MISCELLANEOUS STATUES, AND TABLES OF EATES. 135
That the heads of department, who may severally (be)
charged with the administration of the pension laws of j ja, Pub.
the United States of America, be, and they hereby ai,
respectively, directed and required, as soon as may be
af ter the opening of each session of Congress, to pre-
sent to the Senate and House of Representatives, a several
list of such persons, whether revolutionary, invalid, or
otherwise, as shall have made application for a pension,
or an increase of pension, and as, in their opinion, respec-
tively, ought to be placed upon the pension roll or other-
wise provided for, and for doing which they have no
sufficient power or authority, with the names and resi-
dence of such persons, the capacity in which they served,
the degree of relief proposed, and a brief statement of
the grounds thereof, to the end that Congress may con-
sider the same.
That the Secretary of the Interior be, and is herebv, ,
v / 1,
authorized if in his opinion the public interests will npt-fj 4 - of
suffer thereby, upon the request of either of the com- p^ent 01 ^ ?n-
mittees hereinafter named, to detail from that depart-
ment one clerk to act as assistant clerk to the House Com- Ilouse -
mittee on Pensions, and one clerk to act as assistant
clerk to the House Committee on Invalid Pensions.
No money on account of pension shall be paid to any
person, or to the widow, children, or heirs of any deceased sit |^ 23 Mar
person, who in any manner voluntarily engaged in, or
aided or abetted, the late rebellion against the authority ^2, 12 stat.
of the United States. 1
That the act entitled "An act amending the pension 2 7 A sfat U L 1 ' 1 34o'
law so as to remove the disability of those who, having c - pen sions to soi'
participated in the rebellion, have since its termination ersand sate
enlisted in the Army of the United States, and become
disabled," approved, March third, eighteen hundred a nd inr ' ebellion -
seventy-seven, 2 be, and the same is hereby, amended so as
to read as follows:
" That the law prohibiting the payment of any money
on account of pensions to any person, or to the widow, J^jf| ; sec -
children, or heirs of any deceased person who, in any man-
1 Limitation imposed by sec. 4716, R. S., is removed in specified cases by
the following statutes : Act Mar. 9, 1878, 20 Stat. L., 28, c. 28, sec. 5 ; act
Jan. 29, 1887, 24 Stat. L., 372, c. 70, sec. 5 ; act July 27, 1892, 27 Stat. L.,
282, c. 277, c. 6 ; act Aug. 1, 1892, 27 Stat. L., 340, c. 351 ; act Apr. 18,
1900, 31 Stat. L., 136, c. 244 ; act June 27, 1902, 32 Stat. L., 399, c. 1156 ;
joint resolution July 1, 1902, 32 Stat. L., 750, pub. res., 42 ; act May 30,
1908, 35 Stat. L., 553, c. 230.
2 Act of Mar. 3, 1877, 19 Stat. L., 403, c. 120, related to the Army only;
act of Aug. 1, 1892, extended the provisions of said act to include the
Navy.
136 ARMY AND NAVY PENSIONS.
ner, engaged in or aided or abetted the late rebellion
against the authority of the United States, shall not be
construed to apply to such persons as afterward volun-
tarily enlisted in either the Navy or Army of the United
States, and who, while in such service, incurred disability
from a wound or injury received or disease contracted in
the line of duty."
1902 ^sSi^ii That the Act approved June twenty-seventh, eighteen
IS' f ub ' Res ' 42 ' hundred and ninety, entitled "An Act granting pensions
ac^june^iS!^ soldiers and sailors who are incapacitated for the per-
se^. i 47i t 6fR 0n s.,rJf ormance f manual labor, and providing for pensions to
moved, except w i(j OWSj minor children, and dependent parents," is con-
strued and held to include all persons and the widows
and minor children of all deceased persons, subject to the
limitations of said act, who served for ninety days in the
military or naval service of the United States during the
late war of the rebellion, and who have been honorably
discharged therefrom, and section forty-seven hundred
and sixteen, Revised Statutes United States, is amended I
ments e etc ln Teg *~ accor dingly i Provided, however. That the foregoing shall
not apply to those who served in the First, Second, Third, |
Fourth, Fifth, and Sixth Regiments United States Vol-
unteer Infantry who had a prior service in the Confed-
erate army or navy and who enlisted in said regiments
while confined as prisoners of war under a stipulation
that they were not to be pensionable under the laws of
the United States, 1 nor to those who, having had such
prior service, enlisted in the military or naval service of
the United States after the first day of January, eighteen
hundred and sixty-five.
l e oth 72 pe?sU)n -^ o person in the Army, Navy, or Marine Corps shall
fowef ay unless" draw both a pension as an invalid and the pay of his
et Act Apr. so, ran k or station in the service, unless the disability foi
1844, 5 stat. L., ^^h the pension was granted be such as to occasion his
fi?, employment in a lower grade, or in the civil branch of
499; sec. 5, June 6, +],
1866, 14 Stat. L., ine
57, and act Mar. 1, 1879, 20 Stat. L., 327.
i89o! t 26'stat. L.', Hereafter no officer of the Army, Navy or Marine
^fficerViTre- Corps on the retired list shall draw or receive any pen-
tttteVi?^: sion under any
^Under date of Feb. 17, 1903, the Commissioner of Pensions issued
instructions that claims for pension filed by persons who served in any
of the six regiments above named shall be treated the same as the claims
of those persons who rendered service in other than the excepted regi-
ments, upon the ground that no such stipulation as named in the resolu-
tion, either express or implied, was found of record in the War
Department.
MISCELLANEOUS STATUES, AND TABLES OF KATES. 137
n; * * * And provided further, That hereafter
pension shall be allowed or paid to any officer, noncom- c -|*^^- o
missioned officer, or private in the Army, Navy, or Ma- jg e n j!
rine Corps of the United States, either on the active or
retired list.
* * * Provided, That hereafter no pension shall be
allowed or paid to any commissioned officer, warrant 3 ^ r -
officer, or enlisted man in the Revenue- Cutter Service ^^^1 to
either on the active or retired list.
* * * Provided, That any pension heretofore or^^g^ .',
that may hereafter be granted to any applicant therefor 1 Vemio" not to
under any law of the United States authorizing the grant- J^pSS^mS
ing and payment of pensions, on application made and afternotice -
adjudicated upon, shall be deemed and held by all officers
of the United States to be a vested right in the grantee
to that extent that payment thereof shall not be withheld
or suspended until, after due notice to the grantee of not
less than thirty days, the Commissioner of Pensions, after
hearing all the evidence, shall decide to annul, vacate,
modify, or set aside the decision upon which such pension
was granted. Such notice to grantee must contain a full
and true statement of any charges or allegations upon
which such decision granting such pension shall be sought
to be in any manner disturbed or modified.
All pensioners whose names are now on the pension- con'tSulnce of
roll or who are entitled to restoration to the roll under g tocertain
any act of Congress, shall be entitled to the continuance
of such pensions under the provisions and limitations of
this Title, and to such further increase of pension as is
herein provided.
The provisions of law which allow the withholding of | e ent?on?afe
the compensation of any person who is in arrears shall g^ to be with-
not be construed to authorize the pension of any pensioner 18 ^ ct 5 ^J L'
of the United States to be withheld. 3L '
Whenever satisfactory proof is furnished to the War ffo^of' 5rt?fi-
Department that any noncommissioned officer or private ^Mar! a^S^c.'
soldier who served in the Army of the United States in ' l ' v ' 17 '
the late war against the rebellion has lost his certificate
of discharge, or the same has been destroyed without his
privity or procurement, the Secretary of War shall be
authorized to furnish, on request, to such noncommis-
sioned officer or private a duplicate of such certificate of
discharge, to be indelibly marked, so that it may be
known as a duplicate; but such certificate shall not be
138 ARMY AND NAVY PENSIONS.
accepted as a voucher for the payment of any claim
against the United States for pay, bounty, or other allow-
ance, or as evidence in any other case.
Act May 15, That* the Secretary of War be, and is hereby, author-
23, c. 327. ' ized and directed to furnish, upon their several applica-
Missouri Home . ' ^
G iMschar es to ^ lons theref or, a certificate of discharge to each and every
mem ber of the Missouri Home Guards whose claims for
pay were adjudicated by the Hawkins-Taylor Commis-
sion, under the act approved March twenty-fifth, eighteen
hundred and sixty-two, and the several acts supplemen-
tary thereto.
i9K ct 36 J st n al L!' That the Act entitled " A n Act ^ tn e relief of soldiers
sailors who enlisted or served under assumed names,
and while minors or otherwise, in the army or navy, during
Navy. " the war of the rebellion," approved April fourteenth,
eighteen hundred and ninety, be,, and the same is hereby,
amended to read as follows :
tiiates arge cer " "That the Secretary of War and the Secretary of the
Navy be, and they are hereby, authorized and required
to issue certificates of discharge or orders of acceptance
nam^of in rson ^ res ig na ti n j upon application and proof of identity, in
serving. the true name of such persons as enlisted or served under
assumed names, w 7 hile minors or otherwise, in the Army
an ^i ar phmppkS an ^ Navy during the war of the rebellion, the war with
a dded rrectlon Spain, or the Philippine insurrection, and were honor-
ably discharged therefrom. Applications for said certifi-
cates of discharge or amended orders of acceptance of
resignation may be made by, or on behalf of, persons
Restriction, entitled to them; but no such certificate or order shall
be issued where a name was assumed to cover a crime or
to avoid its consequence."
Iitie 2 cnanged. That the title of said act be amended so as to read as
follows : "An act for the relief of soldiers and sailors who
enlisted or served under assumed names, while minors
or otherwise, in the army or navy, during the war of
the rebellion, the war with Spain, or the Philippine
insurrection."
>
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
<NCV
8 8
<N e^i
8
E c5
j
i '. s .
8
|p
888 8
000
IO 1O lO IQ
8
8
8
Ift
888 888 8
CO CO CO CO <N >-! ,-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 dpnfnp<j
i
Total disabi
Disability
loss of a ha
o^or^o^
150 ARMY AND NAVY PENSIONS.
TABLE III. Rates fixed by tlic Commissioner of Pensions for certain disabilities
not specified ~by law.
Per month.
Anchylosis of shoulder _ $12.00
Anchylosis of elbow 10. 00
Anchylosis of knee 10. 00
Anchylosis of ankle S. 00
Anchylosis of wrist 8.00
Loss of sight of one eye 12.00
Loss of one eye 17. 00
Nearly total deafness of one ear 6.00
Total deafness of one ear 10. 00
Slight deafness of both ears 6. 00
Severe deafness of one ear and slight of the other 10. 00
Nearly total deafness of one ear and slight of the other__ 15. 00
Total deafness of one ear and slight of the other 20. 00
Severe deafness of both ears 22.00
Total deafness of one ear and severe of the other 25. 00
Deafness of both ears existing in a degree nearly total 27.00
Loss of palm of hand and all the fingers, the thumb remaining 17. 00
Loss of thumb, index, middle, and ring fingers _ 17. 00
Loss of thumb, index, and middle fingers 16.00
Loss of thumb and index finger 12.00
Loss of thumb and little finger 10. 00
Loss of thumb, index, and little fingers 16. 00
Loss of thumb 8.00
Loss of thumb and metarcarpal bone 12.00
Loss of all the fingers, thumb and palm remaining 16. 00
Loss of index, middle, and ring fingers 16.00
Loss of middle, ring, and little fingers 14.00
Loss of index and middle fingers : 8.00
Loss of little and middle fingers 8. 00
Loss of little and ring fingers 6. 00
Loss of ring and middle fingers 6. 00
Loss of index and middle fingers 6.00
Loss of index finger 4.00
Loss of any other finger without complications. 2. 00
Loss of all the toes of one foot i 10. 00
Loss of great, second, and third toes 8.00
Loss of great toe and metatarsal 8.00
Loss of great and second toes 8. 00
Loss of great toe 6.00
Loss of any other toe and metatarsal 6. 00
Loss of any other toe 2.00
Chopart's amputation of foot, with good results 14.00
Pirogoff's modification of Syme's 17.00
Small varicocele 2. 00
Well-marked varicocele 4. 00
Inguinal hernia, which passes through the external ring 10. 00
Inguinal hernia, which does not pass through the external ring 6. 00
Double inguinal hernia, each of which passes through the external ring_ 14. 00
Double inguinal hernia, one of which passes through the external ring
and other does not 12.00
Double inguinal hernia, neither of which passes through the external ring- 8. 00
Femoral hernia _ 10.00
MISCELLANEOUS STATUES, AND TABLES OF BATES. 151
Section 4699, Revised Statutes, provides that the rate of $18 per month may
be proportionately divided for any degree of disability established for which
section 4G95 makes no provision.
The act of August 27, 1888, provides a $30 rate for total deafness and author-
izes the Secretary of the Interior to grant such proportion thereof in cases of
partial deafness as he may deem equitable. Act January 15, 1903, increases
rate for total deafness to $40. Rates on partial degrees not affected.
The act of March 2, 1895, provides that " all pensioners now on the rolls, who
are pensioned at less than six dollars per month, for any degree of pensionable
disability, shall have their pensions increased to six dollars per month; and that,
hereafter, whenever any applicant for pension would, under existing rates, be
entitled to less than six dollars for any single disability or several combined dis-
abilities, such pensioner shall be rated at not less than six dollars per month :
Provided, also, That the provisions hereof shall not be held to cover any pen-
sionable period prior to the passage of this act, nor authorize a rerating of any
claim for any part of such period, nor prevent the allowance of lower rates
than six dollars per month, according to the existing practice in the Pension
Office in pending cases covering any pensionable period prior to the passage of
this act."
TABLE IV. Miscellaneous rates.
INVALID.
Indian wars:
Acts July 27, 1892, June 27, 1902, and May 30, 1908 $8. 00
Mexican War:
Act Jan. 27, 1887 8.00
Acts Jan. 5, 1893, and Apr. 23, 1900, certain survivors 12.00
Act Mar. 3, 1903, all survivors 12.00
Act Feb. 6, 1907
At 62 years 12. 00
At 70 years 15.00
At 75 years or over 20. 00
Civil War:
Act June 27. 1890, in its original form, and also as amended by
the act of May 9, 1900 6.00-12.00
Act Feb. 6, 1907
At 62 years 12. 00
At 70 years 15.00
At 75 years or over 20.00
Army nurses:
Act Aug. 5, 1892 12. 00
Navy service pensions:
Sec. 4756, R. S., for 20 years' service, one-half the pay of rating
at discharge.
Sec. 4757, R. S. v for 10 years' service, not to exceed the rate for
total disability.
WIDOWS AND MINORS.
Revolutionary War:
Act Mar. 9, 1878, widows only $8.00
Act Mar. 19, 1886, widows only 12.00
War of 1812 :
Act Mar. 9, 1878, widows only___ 8.00
Act Mar. 19, 1886, widows only__ 12. 00
152 ARMY AND NAVY PENSIONS.
Indian wars :
Acts July 27, 1892, June 27, 1902, and May 30, 1908, widows
only $8. 00
Act April 19, 1908, Sec. 1, widows only 12.00
Mexican War:
Act Jan. 29, 1887, widows only 8.00
Act Apr. 19, 1908, sec. 1, widows only 12. 00 I
Civil War :
Sec. 4702, R. S., widows and minors, same rates as in Table 1.
Act Mar. 19, 1886, widows and minors 12.00
Act June 27, 1890, in its original form, and as amended by the
act of May 9, 1900 8.00
Act Apr. 19, 1908 12.00
From and after July 25, 1866, a widow is entitled, under the provisions of
section 4703, Revised Statutes, to the sum of $2 per month additional on
account of each legitimate minor child of the deceased soldier or sailor, in her
care and custody, until such child reaches the age of 16 years. Where the
widow has died, remarried, or has no title, the minor children under 16 years
of age succeed to the widow's rights.
In claims under the act of June 27, 1890, both in its original and amended
forms, the additional pension of $2 per month is granted. In addition provision
is made in said act for the continuance of pension granted to an insane,
idiotic, or otherwise physically or mentally helpless minor child, during its life
or during the period of disability. This proviso is applicable to minors' claims |
under any statute.
DEPENDENT RELATIVES.
Sec. 4707, R. S., in its original form, and as amended by section 1,
Act June 27, 1890, same rates as in Table 1.
Act Mar. 19, 1886 _ $12.00
Chapter X.
CRIMINAL LAW AND PROCEDURE.
SEC. 24, JUDICIAL CODE. District courts;
jurisdiction.
SEC. 42, JUDICIAL CODE. Offenses begun in
one district and completed in another.
SEC. 43, JUDICIAL CODE. Suits for recovery.
SEC. 164, JUDICIAL CODE. Court of Claims
entitled to information, etc., from execu-
tive departments, etc.
SEC. 300, JUDICIAL CODE. Prosecution for
prior offenses.
SEC. 301, JUDICIAL CODE. Judicial code in
effect January 1, 1912.
ACT FEB. 8, 1899. Suits against Govern-
ment officers not to abate on retirement.
ACT JUNE 9, 1910. Bonds not required of
the United States, etc., in the courts of
the District of Columbia.
ACT MAY 7, 1910. Repealing section 860,
Revised Statutes.
SEC. 4851, R. S. Government Hospital for
the Insane ; admission to, of persons
charged with crime.
SEC. 4855, R. S. Delivery of insane crim-
inals, or those charged with crime, on
restoration to sanity ; procedure.
ACT AUG. 7, 1882. Government Hospital
for the Insane ; one becoming insane
while in custody of United States officer
to be admitted.
SEC. 35, CRIMINAL CODE. False claims
against the United States.
SEC. 3490, R. S. Liability of persons mak-
ing false claims.
SEC. 3491, R. S. Suits for same.
SEC. 3492, R. S. Duty of district attorney
in such cases.
SEC. 3493, R. S. Rights of persons pre-
senting such suits.
SEC. 3494, R. S. Limitation of suit.
ACT JULY 7, 1898, AMENDING SEC. 4746,
R. S. Making or presenting false or
fraudulent affidavit, etc., in pension
claims, etc. ; post-dating vouchers.
SEC. 31, CRIMINAL CODE. Officer making
false acknowledgment.
SEC. 70, CRIMINAL CODE. False certifica-
tion by consular officer.
SEC. 106, CRIMINAL CODE. False certifica-
tion by public officer.
ACT MAR. 4, 1911. False accounts and re-
ports by persons holding office or employ-
ment under the Government of the
United States.
SEC. 28, CRIMINAL CODE. Forging bond,
bid, public records, affidavit, etc.
SEC. 29, CRIMINAL CODE. Forging deed,
power of attorney, etc.
SEC. 30, CRIMINAL CODE. Having false,
altered, forged, etc., papers in posses-
sion.
SEC. 148, CRIMINAL CODE. Forging, etc.,
obligations or securities of the United
States.
SEC. 151, CRIMINAL CODE. Passing, etc.,
forged obligations, etc., of the United
States.
SEC. 154, CRIMINAL CODE. Buying, selling,
exchanging, etc., forged obligations, etc.
SEC. 172, CRIMINAL CODE. Counterfeit obli-
gations, etc., to be forfeited.
SEC. 125, CRIMINAL CODE. Perjury.
SEC. 1750, R. S. Perjury before consular
officer.
ACT MAR. 9, 1878, SEC. 3. False oath
deemed perjury in war of 1812 claims.
ACT JAN. 29, 1887, SEC. 3. False oath
deemed perjury in Mexican War claims.
ACT JULY 27, 1892, SEC. 3. False oath
deemed perjury in Indian war claims.
SEC. 5396, R. S. Form of indictment for
perjury.
SEC. 126, CRIMINAL CODE. Subornation of
perjury.
SEC. 5397, R. S. Indictment for suborna-
tion of perjury.
SEC. 39, CRIMINAL CODE. Bribery of United
States officer.
SEC. 109, CRIMINAL CODE. Officer, etc., of
the United States acting as agent or at-
torney in claims against them, or re-
ceiving any gratuity or share of or in-
terest in any such claim.
SEC. 110, CRIMINAL CODE. Accepting, etc.,
bribe by Member of Congress.
SEC. Ill, CRIMINAL CODE. Offering bribe,
etc., to Member of Congress.
SEC. 112, CRIMINAL CODE. Member of Con-
gress taking consideration for procuring
contract, office, etc.
SEC. 113, CRIMINAL CODE. Member of Con-
gress or officer of the United States
taking compensation in matters in which
the Government is a party.
SEC. 128, CRIMINAL CODE. Destroying, etc.,
public records.
153
154
ARMY AND NAVY PENSIONS.
SEC. 117, CRIMINAL CODE. United States
officer, etc., accepting bribe.
SEC. 131, CRIMINAL CODE. Bribery of a
judge, judicial officer, or person author-
ized to hear or determine any question,
matter, proceeding, etc.
SEC. 133, CRIMINAL CODE. Juror, etc.,
accepting bribe.
SEC. 134, CRIMINAL CODE. Witness accept-
ing bribe.
SEC. 21, CRIMINAL CODE. Conspiracy to
prevent person from accepting or hold-
ing office, or from performing the duties
thereof.
SEC. 1980, R. S. Liability for such con-
spiracy.
SEC. 1981, R. S. Action for neglect to pre-
vent conspiracy.
SEC. 37, CRIMINAL CODE. Conspiracy to
commit an offense against, or to defraud
the United States.
ACT May 21, 1872. Retention of soldiers'
or sailors' discharge certificates by agents
or attorneys.
SEC. 5485, R. S. Illegal fees.
SEC. 4785, R. S. Attorney fees, etc.
ACT JUND 27, 1890, SEC. 4. Illegal fees.
ACT APR. 19, 1908, SEC. 3. Illegal fees.
ACT MAR. 3, 1891. Attorney fee in increase
and special-act claims, and penalty for
violation.
ACT MAY 28, 1908. Prohibiting fee in spe-
cial-act claims and penalty for violation.
ACT AUG. 5, 1892, SEC. 2. Prohibiting fee in
claims of Army nurses.
SEC. 108, CRIMINAL CODE. Pension agent,
etc., taking fee.
SEC. 4745, R. S., as amended by act of
Feb. 28, 1883. Pledging pension certifi-
cate.
ACT FEB. 27, 1906, SEC. 3. Expenditures
in excess of appropriation, and accept-
ing voluntary service, except, etc.
SEC. 32, CRIMINAL CODE. Falsely pretending
to be an officer or employee of the United
States.
SEC. 33, CRIMINAL CODE. False persona-
tion of holder of public stock, pensioner,
etc.
SEC. 34, CRIMINAL CODE. False demand on
fraudulent power of attorney.
ACT FEB. 10, 1891, AMENDING SECS. 4783,
AND 5486, R. S. Embezzlement of pen-
sion money by guardian.
SEC. 86, CRIMINAL CODE. Embezzlement ;
receipting for larger amount than is
actually paid, constitutes.
SEC. 90, CRIMINAL CODE. Failure of officer
or agent of the United States to render
account constitutes embezzlement.
SEC. 94, CRIMINAL CODE. Prima facie evi-
dence of embezzlement.
SEC. 95, CRIMINAL CODE. Evidence of con-
version.
SEC. 40, CRIMINAL CODE. Unlawfully tak-
ing or using papers relating to claims.
SEC. 46, CRIMINAL CODE. Robbery of per-
sonal property of the United States.
SEC. 47, CRIMINAL CODE. Embezzling, steal
ing, etc., moneys, records, etc., of the
United States.
SEC. 48, CRIMINAL CODE. Receiving, etc.,
stolen public property.
SEC. 129, CRIMINAL CODE. Destroying rec
ords by officer in charge.
SEC. 85, CRIMINAL CODE. Extortion by of-
ficers, etc., of the United States.
SEC. 145, CRIMINAL CODE. Extortion by in-
former, etc.
SEC. 146, CRIMINAL CODE. Misprision of
felony.
SEC. 332, CRIMINAL CODE. Who are princi-
pals.
SEC. 333, CRIMINAL CODE. Punishment of
accessories.
SEC. 335, CRIMINAL CODE. Felonies and
misdemeanors distinguished.
SEC. 342, CRIMINAL CODE. Accrued rights,
etc., not affected by adoption of Crim-
inal Code.
SEC. 343, CRIMINAL CODE. Prior offenses ;
how prosecuted.
SEC. 344, CRIMINAL CODE. Acts of limita-
tion ; how affected by Criminal Code.
SEC. 345, CRIMINAL CODE. Date on which
Criminal Code went into effect, to wit,
January 1, 1910.
SEC. 1044, R. S. Statute of limitations.
SEC. 1045, R. S. Fleeing from justice.
i9U Ct 36^ta r t
1091*, c. 231; Jud- follows
cial Code, sec. 24. IC
First -
The district courts shall have original jurisdiction as
a11 suits f a civ il nature, at common law or
in equity, brought by the United States, or by any officer
thereof authorized by law to sue, or between citizens of
the same State claiming lands under grants from differ-
ent States; or, where the matter in controversy exceeds,
exclusive of interest and costs, the sum or value of three
thousand dollars, and (a) arises under the Constitution
or laws of the United States, or treaties made, or which
CRIMINAL LAW AND PROCEDURE. 155
hall be made, under their authority, or (b) is between
citizens of different States, or (c) is between citizens of
i State and foreign States, citizens, or subjects. No dis-
rict court shall have cognizance of any suit (except upon
: oreign bills of exchange) to recover upon any promis-
sory note or other chose in action in favor of any
issignee, or of any subsequent holder if such instrument
>e 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<Sra 1( ter. Whoever, being an officer of the United States, or a
aga d i n^t cl uTe P erson holding any place of trust or profit, or discharg-
U sec d 549? t R' s * n anv o ^ c i a ^ function under, or in connection with, any
Executive Department of the Government of the United
States, or under the Senate or House of Eepresentatives
of the United States, shall act as an agent or attorney
for prosecuting any claim against the United States, or
in any manner, or by any means, otherwise than in dis-
charge of his proper official duties, shall aid or assist in
the prosecution or support of any such claim, or receive
CRIMINAL LAW AND PROCEDURE. 167
any gratuity, or any share of or interest in any claim
from any claimant against the United States, with intent
to aid or assist, or in consideration of having aided or
assisted, in the prosecution of such claim, shall be fined
not more than five thousand dollars, or imprisoned not
more than one year, or both.
Whoever, being elected or appointed a Member of or
Delegate to Congress, or a Resident Commissioner, shall,
after his election or appointment and either before or an ^|^2 7 R' I 500 '
after he has qualified, and during his continuance in
office, directly or indirectly, ask, accept, receive, or agree
to receive, any money, property, or other valuable consid-
eration, or any promise, contract, undertaking, obligation,
gratuity, or security for the payment of money or for the
delivery or conveyance of anything of value to him or to
any person with his consent, connivance, or concurrence,
for his attention to. or services, or with the intent to have
his action, vote, or decision influenced, on any question,
matter, cause, or proceeding, which may at any time be
pending in either House of Congress or before any com-
mittee thereof, or which by law or under the Constitution
may be brought before him in his official capacity, or in
his place as such Member, Delegate, or Resident Commis-
sioner, shall be fined not more than three times the amount Penalty.
asked, accepted, or received, and imprisoned not more
than three years; and shall, moreover, forfeit his office
or place, and thereafter be forever disqualified from hold-
ing any office of honor, trust, or profit under the Govern-
ment of the United States.
Whoever shall promise, offer, or give, or cause to be o
promised, offered, or given, any money or other thing of ^'
value, or shall make or tender any contract, undertaking, Sec - 545 * R - s
obligation, gratuity, or security for the payment of money
or for the delivery or conveyance of anything of value, to
any Member of either House of Congress, or Delegate to
Congress, or Resident Commissioner, after his election
or appointment and either before or after he has qualified,
and during his continuance in office, or to any person
with his consent, connivance, or concurrence, with intent
to influence his action, vote, or decision, on any question,
matter, cause, or proceeding which may at any time be
pending in either House of Congress, or before any com-
mittee thereof, or which by law or under the Constitution
may be brought before him in his official capacity or in
168 AEMY AND NAVY PENSIONS.
his place as such Member, Delegate, or Resident Commis-
Penaity. sioner, shall be fined not more than three times the amount
of money or value of the thing so promised, offered, given,
made, or tendered, and imprisoned not more than three
years.
Member of con- Whoever, being elected or appointed a Member of or
SSatKfr pro- Delegate to Congress, or a Resident Commissioner, shall,
trSts g 'offices, C etc" after his election or appointment and either before or
see. 1781 ' R ' s> 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
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