Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1864-08-31

OFFICE or SECRETARY OF STATE,
Madison Wis AnC. 1851.

liSt1S kIlODS the kpafents OF sOI1EfSY. IN TeI-
erence to the provisions CT chapter 1T Of
the general laws of 1854, Familiarity known as
] ne Volunteer Aid Law. For The purpose OF
correcting this misapprehenston, I submit
the follow ing as The proper-cons,fpcti OF
the law. 4 zl&}@3 : So AG8 ~
Section one provides extra pay of FIVE dol
lars per month for ali enlisted or drafted non
commissioned officers, musicians and privates
mustered into the service OF the United
States, who were actual residents of the
State of Wisconsin at the date of enlistment
or being drafted, and who enlisted in com
pany or regiment organized in the State of
Wisconsin. Section tao lefnes what the
word ''family" shall mean, and provides that
a widowed mother actually dependent upon
the soldier for support at the date Of his en-
listment or being drafted, shall be within the
meaning of the law, the family OF soldier
having no wife or children, and if the sol
der has 10 wife or children or widowed moth
er, and has father infrm and INDECENT, ac~
tually and wholly disabled from supporting
hiR.Self, and wholly dependent upon the la
Dor of the soldier for support at the time of
his enlistment or being drafted, he shall be
regarded as the fanily5of the soldier, within
the meaning of the law.
In all cases, the party claiming must be at
the time the soldier enlsts or is drafted, &C
l.
A father cannot be said to be actually de
pendent upon the labor of a son, unless ii is
shown that he does actually receive his sup
port from the son. And this rule applies in
the case of mother In order TO entitle
father to the extra pay provided by this Law,
il must be shown that he is physically dis
abled, that he cannot earn enough to provide
food and clothing for himself He must be
entirely destitute of property from which
he derives an meonfe, and without other
means of support than the labor of the son
or sons on whose behalf he claims the extra
pay; and it must be shown that prior to the
date OF enlistment, and up to the date of the
application, he actually received his support
from the SON or sons on whose behalf he
claims. a. .l..#s..s sfttr.fgsss
In order TO entitle the mother TO extra pay,
it must be shown that she was a widow at the
time the son enlisted or was drafted, and
that she continued to be widow 10 the date
of the application. And to be a widow with
in the meaning of the law, the mother must
have been bereaved of her husband by DEATH
a woman divorced from her husband, is not
entitled. 1t must be shown that she actually
received the surplus earnings of her son pri-
or to his enlistment and subsequently up to
the date OF the application, and that the sur
plus earnings thus received were necessary
for her comfortable support
1t is manifest that the legislature intended
to provide a fund which should be applied by
the = family of the soldier, and supply the
place of his earnings actually withdrawn by
the enlistment of the soldier This being the
intention of the legislature, it is clear that
father mother who did not receive his or
her support from the son prior to the time he
entered the service of the United States, is
not entitled to the extra pay provided by the
H.,
exist mt the time. the soldier enters the SER
vice, to entitle the parent to extra pay. In
case where the parent derived support from
more thar one son, and all the sons from
whom the support was derived are in the SER
vice of the United States, the best course is
to apply on behalf of all.
Children under the age of ii years. de-
pendent upon the father at the time he en-
listed or was drafted, (the mother having
died or deserted the children either before or
subsequently, to the date of enlistment or
dratt,) are entitled to extra pay, and the per
son in whose charge the children may be, can
draw the money. But the children who at
the time the soldier enlisted or was drafted,
were supported by the town, or were being
supported by any other person than the
father, cannot be regarded as dependent up
ON the father, and are therefore not entitled
to extra pay.
\ wife to be entitled to the extra pay pro-
vided by law, must show that she was mar
ried and living with her husband at the time
he enlisted or was drafted. If married after
the soldier is in the service eff the United
States, the wife is not entitled 30 extra pay.
1t is the plain duty of every person who
makes an affidavit to enable father or moth
er or other person to procure extra pay, to in
vestigate the case until he knows that the
claim is a proper one.
If a person syears falsely in order to
enable any other person TO procure extra pay,
it is perjury Ii is the duty of the justice
who administers the oatns to carefully ex-
plain the nature of the oath to each witness,
and to see that the witness fully understands
what the effect of the affidavit is and it is
the duty of the Justice and chairman TO be
satisfied from information, or Of their own
knowledge, that the claim is within the pro-
visions of the law. If a justice or chairman
certify an unfounded or fraudulent claim, he
is liable to punishment under section eleven
of the law.
This construction may in some cases ope-
rate harshIy. IF so, lis the fault of the law.
The rule have laid down Is clearly in accord
ance with the plain provisions of the law.
A large proportion of the claims of fathers
have proved, upon investigation, TO be u
founded, and in some instances positively
fEaUuulelL- Experience has cOHFllceu sIue
that the form of affidavit now in use for faith
ers, is greatly misunderstood, or that the
claimants and their witnesses are not very
particular as to the means they use if they
can obtain the money. In all new applica-
lions, therefore, the old form of affidavit
may he dispensed with, and proof be present
cd in such form as the applicant secs fit,
stating such facts in reference to the case as
will authorize the Secretary of State to
come to the conclusion that the case is one
within the provisions of the law and I sug-
gest the following facts as necessary to be
proved, viz
LIST. The age of the applicant and his phys
zeal condition. s+
ID. The amount of property of ali kinds
owned by the applicant, describing it, and if
money at interest, state how much, and If the
property Yield an income, how much.
Sd. Did the son or sons actually furnish
anything for the support Of the father prior
to and since his enlistment? And if yes,
what! "
9TH Has the father now, or had he at the
date of enlistment, any income or means of
support from any source, except what he re-
ceiyed from the son or sons upon whose be-
half he claims
9TH Can the applicant earn enough 20 fur
nish him with food and clothing And If