New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-10-16

of the tax-aw, which imposes duty OF 3 per cent
on all salaries of officers in the civil employment OF
the United States has written letter on the matter
to Controller Wlittlesey. The Judge requests that
The amount NAV be returned TO him on The ground
which he proceeds to argue AZ some lengtl-that this
provision OF the law cannot constitutionay be applied
to judges, because it dimnshes their salaries dur
ing their continuance in Office" Mr.. Wbittesey
repled that the accounting officers were right III
making the deduction; that the Interpretation OF the
law was the business OF the Secretary Of the Treas
ury, and the Commissioner of Internal Revenue, who
had decided that judges Were taxable under it, and
that the President OF the United States considered
the act applicable to his salary in common with those
OF bis iellow-citizens in the civil employ Of the Gov
ernmea, and had given directions accordingly.
MOTHERS PENSIONS.
The following letter from Commissioner Barrett,
answers one OF numerous questions:
Passion OTyIcr, Oct -, 1862.
SIR To the several questions contained in your letter CT
Tie Oh as concerning the pension claims Of mothers Of
deceased officers end soldiers who have lett neither widow
nor minor child. reply;
J. In case viii The DEF enaenoe Of tie mother upon her
son for support whether wholly OF In part be tsken for
granted the affidavit Of the claimant The allegation
t sustained by positive proof that she has actually Is
coyed hc1 support du stated period either wholly or in
part from he deceased soldier account OF whore military
service presents her claim This be proved BY tn
affidavit Of two credible wessos who not interested IN
The eiul. OF tie ar!lcaion; by the poduen ofedenee
that portion Of The soldiers pey 10y allotment ticSes OK
ociwe) regularly transmitted to the mother 10y proof
that he constantly psij contributed toward paying her
board h9uieeni other specific ond expense
by such other equivalent testimony viii clearly eab
i.h tie Get IN question 1t il not svceD TO prove that the
mother received aslona presents from the deceased
Ellie moihc. has hubbard living, that fact IL regarded
Pri,.a facc evidence he, e not IN tny feree, d.
pendent uPeD her son fo airport In such case before .he
be aied The pension roll must he clearly proved
thai, her husband hs refused neglected 60 provide for her
support tsias fog low long iine, account Of piJsca
inability TO labor ltyius no other source Of incomes ee
that having deserted her be ia beyond n, each OF egil
yulion to contribute to her maintenance. The proof
CURED IN this case ths, etwo credible fnd di'neiesisd
illnesses. 10 sse their Of buosins the iscs 70
which tLoy ua axe siIayit
e. Il. my opin thii the mother Of jcec.'ed soldier
la hu.bsud living who 10 not proved be- either unable
to support her, such situation that she cannot enoio"
her s,a claim upon him or subsistence she is not entitled
reccyea Pen'ion hy Ie,''n o! the service and dsAh -
her son.
g. Proof Of the aohe msrfiaz. 20 the fi'her o. ,h- d.
ceased solder I. sded indispensable, sud e fact 'heud
De e,hod bJ record evidence when hsi can be OBJ usd
n he asr &c took pace 10 foreign county record Ct
The b,pi Of any child Of Tie parties vii be accepted b.
pac- % he mas.e record Il hs latter oAuno be obtaned
without great ircorvciiepce. II mother be obtained
on al d.yt % that elect private record the eylenco Of
common reputation ton by dibe witnesses having
no ilieres, ia The re-. I'D vi. ye received
Respectfully youn
JOSEPH II BARRETT Cof1mi''ionsi