The daily intelligencer. [volume] (Seattle, Wash. Territory [i.e. Wash.]) 1876-1881, 1880-12-03


governed by The Presidents Procla.
nations ot Aprillj. 1901, cal ng on;
the militia and OF Algust 20, 1856,
decfsring the wsr at 81 end. A sol
dieF's widow Is entitled 10 credit for
the Whole term OF enlistment Of her
hnslard, snOtwatlstsnsitBg tSe var
nay havei been d@slaFed ct an end be-
fore he hal actually served out the
whole time for whico he enlisted.
DEPABTMErFoRT TEE INTERIOR.
WASP &UToy, April 80. $50.
SIR: | hsve- rec-sved your letter Of
January 81, 1880. in relation 10 the case
Of Elizabeth Porter, widow Of Henry
Porter. woo mad homestead entry No
70. Oct u. 1913, az LIS Angeles, Cali
farnia. under the Act Of June 5. 1912,
fbr 10, y. T. 4. If section ~, I. s..
range. "A W. =. Z. VI. and final pro
January IL. 1876, claiming credit for
her Husbands mi .tarv service during
the war # the rebellion.
When the case was bsfose me in Jane
last the record Of I { service Of Henry
Porter showsd that he enlisted for the
term Of five years. and vas killed. IN ac-
ton at Pumpkin Vine Creek. Georgia,
May 80. 1861 In the NEW I then took
of the last. clauses OF section 23O7, re-
vised STATUES. I bed that Mrs. Porter
WAS entitled to the full! term Of his ser
vice, except that she should be required
to live one year upon the tract
The information furnished you by
a 4 Mt
Porter's term of service was three in
stead of five years.
You state In your letter: This office
in computing the term of service, is
governed by the dates of the Presidents
proclamations of April Is, 1861. calling
out the militia. and August 20, 1866.
declaring the war at an end" From this
l understood that no matter what the
term OF service for which ne soldier
enlisted. If killed, The Zine Of credit was
fixed by the Presidents proclamation
of August %. 1866. In other words. he
could not have credit FOR any time since
that date
do nor think tia: this is The correct
Interpretation of the statute. after re-
citing what lessons are entitled, it
reads as follows: *t'But If such person
die during the term of enlistment, the
whole term of his enlistment shall be
deducted from the time heretofore re-
CURED to perfect the title The words
whole term as used in said section, in
my opinion, show that Congress intend
ed That credit should be given for
W batever time the soldier had enlisted,
if he was killed; and that this time is
not 10 be abridged by the fact that the
war closed before the expiration of his
enlistment
You further indicate that 10 credit
can be given 10 Mrs. Porter after she
married Brown. Ia this | think you
erred. If she was still residing upon
the land, her marriage did not affect
her right as homestead claimant
You reported this case for such action
as might deem proper. In returning
it you are instructed to allow Mrs Por-
ter credit for the full term of three
years. for which her husband enlisted !;
and also for the time she actually
resided upon the land before or after
her marriage as are shown by the
proof.
sa The papers transmitted, with your
letter OF January 81. 1880. are herewith
retained. Very respectfully,
G. SEIZURE, Secretary.
To the Commissioner OF the General
Land Ofice.