Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1879-06-27

Hon. Carl Schurz, Secretary Of the Int
rior, has rendered his decision in the test
case of Harriet NJ. Owen of Rutland, Vt.
for pension under the act of March Q. 1873
which was rejected by the Commissioner of
Pensions on the ground that there was no
record of the organization in which the indi-
vidual service was ALLEGED. The FREE Press
contained an account Of this case the time
the appeal was filed with the Secretary of the
Interior last December. The decision is con-
tanned in the following letter of the Commits
sioner of Pensions to Mrs. Owens attorney.
DEPARTMENT or THE INTERIOR, }
PESsIOs OFFICE,
WASHINGTON, ID. e., MAY 10, 1s.g.)
SIR Bv direction Of the Secretary OF the Interior
have the honor to INFORM YOU. that his decision
upon your appeal from the rejection of the claim OF
Ilarnet VI. owen, for pension on account OF the
service Of her husband Ira owen, IN the war OF
I-l1, Is as follows:
The claim Is based upon the service OF the hus-
band IN the company commanded by captain Inn
othy Hubbard at me INVASION ol flailahurgn, IN
September, lsli. II has been rejected by the Pen
O1ice upon the ground that there Is no record
evidence Of the organization IN which service Is
il appears, however, from the certificate of the
Secretary of State of Vermont that there Is on file
nf Captain Timothy Hubbard verified by the ALL
davits OF certain officers and privates who served
therein. Upon certified copy of said roll furnish
ell for the use of the Pension Office the Of the
husband OF the applicant Is found The evidence
afforded by tins roll accepted as sufficient TO
Justify the allowance of the claim of Mrs. owen for
bOunty-and. In the view Of the Department, IL
cannot be held that the evidence of the service of
the organization was improperly accepted in the
claim for bounty land Upon tins point. therefore,
no valid objection appears To the calmf pension.
The applicant appears from the evidence TO have
been legally entitled no the warrant which was
issued 10 her in ls56. The fact thai such warrant
was properly granted. should under the prOviso to
the third section OF the act of March - ISIS he
copied evidence that the service for which u was
granted was &" United States SERVICE within the
meaning of said act.
The provso referred to must however, he con
strned IN connection with the first section Of The
act which directs that the Secretary of the Interior
shall place upon the pensOn-ru the names Of those
surviving officers and soldiers who served for a
period of fourteen ,ays, in the of lS12.
IN any engagement IN said war The lanl- warrant
granted To Mrs. owen in lSj6, granted under
the Ninth section ni the Act pi March > lsi which
provides bounty land fbr those who served NJ the
inv aston Of Plattshurgh, without regard 10 the
period Of their service TO the fact whether they
were or were not In artui battle. u appears thar
the husband ,liI "H.4s.. t.r t.urtrru day
Evidence on ME shows that Captain Hulhard-
company Jill not arrive al flartshurgh until after
the battle. The applicant IS, therefore. not entitled
to pension under the Act Of March ., ISIS, for the
reason that her husband did not serve for fourteen
DAYS and was not in any engagement.
Very ResDectfuliN.