The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-06-01
CIRCULAR IN REFERENCE TO THE PHRASE "wHiLE
IN THE LINE OF DUTY"
ArrOnssr GEsKaALs oTnos, May II, 1855.


same date presents FOR consideration inquiry OF the effect
10 BE- given 10 the phrase awhlle in the line Of duty
which occurs In many Of the pension laws OF the United
States
Ny socitude to relieve the mpatienee Of parties inter
ested the decision Of this question led on the attn Of
the same February transmit brief reply 70 your COM
nunieaon have examined the whole matter IN
thu light Of instructive arguments submitted BY counsel
and desire file the present more fun and reneeed
opinion upon the subject
In stating the question the Commissioner refers more
particularly to the OF March 3 1871, aud june ~
1884; and quoting the former Of those acts be say
The question is what is the meaning OF the words
Shall die in consequence OF disease eonuac,ea
Of casualties injuries received while ~ the nne o. m
duty If it be satisfactorily proved thas an oeer na
died In the service without evidence as 70 e origin
the cause OF bis deaf as his widow entiedf ~ IN add
ton 10 lie proof death in service the cause also DC sat
sactorily shown have originated IN the me OF da
shall she then be entitled Or shall not only the death IN
service ana the cause thereof in the line OF duty be shown
but must II also shown that the consequence
OF such duty r
Thus we perceive that the inquiry involves
not oay as 10 The conditions Of fact which are TO cons'
tue The elements Of the legal right offs party, but also us
to the proof and the presaptons OF Law Or ac
involved in the establishment OF any assumed conditions
Of RIGHT IL Is this considers tionnamely the relation OF
the question OF proofs 10 the very different and quite indie
pendent question Of the rule Of rghwhch has involved
The subject uncertainty and left it apparently undeer
mined TO the present late day.
For matter of practical inquiry and OF cef 'aaent
decision in some shape question must have existed al
most from the foundation of the government and not mere
IT, us in the acts cited by the Commissioners, IN the
naval service but also in the military and in such varieties
OF form as me to afford ample means OF aseer
tanning the legal inendment OF the several acts OF
f. Congress
Thus in regard to the navy have the old provision
Of the act Of March 1899 which the original act for
the of the navy 10 the effect that every OH
GER seaman marine disabled the line q ms duty shall
be entitled receive for his lie aud the life OF his
wife if married the time Of receiving the wound
one-nalf his monthly pay( Statute at Large, p Il6)
Here it is the single of disability by wound which
constitutes the foundation Of hapay Tor penson the
party or his widow and the condition is disability tn the
line Of day.
So the act of March l6 1902 fixing the military peace
establishment of the United States provides that f any
officer non-commssioned officer, musician, private in
the corps comprising the peace establishment shall be dis
abed by wounds otherwise, while in the line of his
duty in public service he shall be placed the list of
vads Of the United States such Of pay and under
such regulations may be directed by the President Of
the United States for the time beng(ii Stat at Large
P. 1857
Here the foundation Of invalid pay is enlarged 10 disa
biliy by wounds oterrse the condition remains of
disability while in the line of duty.
Coming down later PERIOD we have series Of acts
In which the same idea appears.
Thus the act of January 20 l8l3 provides pension for
the widow children in certain cases. where n officer of
the navy marines shall be killed die by of
wound received in the line Of his duy( Stat at Large
p 1907
Again. the act of March A. 1914, provides that if any
officer seaman, marine belonging the navy of the
United States shall die have died since prescribed day.
aby of wound received in the line of his duty
then halfpay shalt be paid his widow, or in certain
cases, bis children, out of the navy pension fundi
Stat at Large, p 103
Then comes the act cited by the Commissioner which is
of March g. 1871 in addition and in of the
foregoing and which, confning the groundwork of
widows and orphans pensions to the death of officer
seaman marine by wounds only proceeds to supply the
Of death of the party din consequence of dis
contracted of casualties injuries received while
in the line of his duty.s-(i Stat at Large p. a73)
Here the condition of line Of duty continues while the
scope Of the admissible Of death extended beyond
that of wounds and far perhaps the Of disa-
bity were by the word Otherwise in the law above
cited to military hafpay.
Finally in this part of the discussion remains only to
the other of the two referred b, the Commits
soner that Of June 80 1884 which embraces officers Of
the navy samen and marines dying in the service aby
disease contracted of casualties by drowning
otherwise, of injuries received while in the line Of
their duty.p-(iv Stat at Large p. 7l4.)
The expression in later act that Of July
Fl, ls4s except that the specified only Of
wounds received or disease contracted the line of
duty thus presenting plainly the identity OF rela-
ton Of line Of duty" to either wounds or diseaseix
Stat at Large, p. 2ss.(
Here there is specific designation Of the admissible
of death than in the other acts but each of those
causes whether disease casualty injury retains un-
changed its relation to the condition of while in the line
of duty
What then, is the limitation implied by this relation
1t is all deaths whether by wounds disease casualty
injuries which draw after them pension but only
such have relation to the line Of duty Without getting
embarrassed here in the question Of the distinction be-
tween proxma and renoa it suices to say
that If casualty be the alleged of DEATH it
casualty occurring while in the line of duty if injury
the cause it must be injury received while in the line Of
duty If disease be the cause be disease contracted
while in the line of duty And, assuming all this the
question recurs What the circumstances Of death in
cluded or excluded by the prescribed condition.
To begin ii Is conceded in all the arguments that the
Of death intervene the incident or be the result
Of any misconduct violation OF duty as by drunken
ness or other vicious Of life in the Of
tiny deserton, other breach Of military obligation
then the party does die by disease casualty
occurring or injury received, while in the limo Of duty
No man i is clear is acting in the line duty while the
act he performs is the violation OF his duty All such
cases we exclude at once and by consent from
the puryiew of the pension laws.
IL that all Are other cases excluded Ia IL the
intent Of the law 70 give pension generally the nor
fact