The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-09-02
PAYMENT OF PENSIONS CT IVMalES CT
NATIONAL AFYLUMs.

For the protection Of pensioners Congress a, its
last session enacted that pension money should be
paid only 10 the pensioners. The Treasurer of the
National Asylum for Disabled Volunteer Soldiers has
heretofore received the pensions Of inmates OF the
institution according to the law requiring every one
on becoming an inmate and not otherwise excepted
to assign his pension to the asylum. The question
arose at the last quarterly payment whether the cus
tom should be continued, or whether the law re-
CURED tho pension agent to pay the money to the
pensioners. The subject having been referred to the
Attorney General by the Secretary Of the Treasury
at the request OF the Second Comptroller, the fol-
lowing decision has been rendered.
DEPARTMENT or JUSTICE, August 20, 1870
SiR-fours of the 23d inst, enclosing letter
from the Acting Second Comptroller OF the Treasury
upon the following questions contained In the
Comptroller's letter, VIZ Jan the pension belong.
abed Volunteer Soldiers be legally paid to the trca.
surer OF said institution, under the rules OF the
Of or mu be uaa e tine ey
pensioners themselvess Section eight OF the act OF
March g. 1895. entitled IAN act TO institute nG-
Of persons who shall be entitled to the dement's Of
the asylum, and further provldes:-
And such person on becoming Of asylum
remain therein aud receive JIG benefits
section Seven OF act OF March 81 1863, amendatory
OF the last mentioned act relates to the same sub.
have neither wife, child parent Dependent. upon
them III; on becoming inmates q tho asylum receiving
oad . @
remain therein receive It's benefits.
The ass gnments required by this legislation hay-
ing, as assume, been duly executed, the periodical
payments OF the pension money 80 assigned have
been made to the Ofcer Of the asylum authorized
TO receive the same But various provisions OF an
act approved July 8. 1870, passed ITO define the du
ties Of pension agents and prescribing the manner OF
paying pensions and for other purposes 1t Is now
supposed may forbid these payments hereafter, and
upon this you ASK my opinion: Upon examining
find their evident intent and actual effect clearly
appear TO be to prohibit the payment OF pension mo-
ney TO other than the pensioner himself IN each
Prohibition Of these earlier sections extends to all
pensions, and the concluding section, the eleventh.
repeats all acts and parts Of acts conflicting with the
provision OF this act which language Is broad
But am Of opinion as foliOws:-The assignments
referred to were valid. They were not merely
authorized, but were actually required by law
essanS Il loco PARENTS for this class OF I pen
sioners. They formed part Of plan whereby we're
secured to those Of thus class who should choose to
SO long as these should be enjoyed thew were
10 be In lieu Of pension money By way.
however OF preserving the permanent stalus
o. d. these s,o men as pensioners IN view Of their
Tree choice at any time to leave the asylum and as
an appropriate means Of providing funds for their
support they were required to sssign their pensions
70 inc asylum during the tlme tasy shall remain
pensioners, small In proportion to the whole num-
per as this 49, and thus specially provided for, made
wards OF tue government and benenciaries to an
ers, clearly are not In the reach of any Of Aie
as appears from It's readings, was Intended
are to be deemed as airected by that act. The a..
signments before that tune lawful remain lawful,
aud 1t remains lawful to make other i'he assignments,