New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-11-16
CONSTRUCTION OF TIE PENSION LAW.


!. CI~IuN BY IIF SECRETARY or THE INTERIOR
RELATIVE 20 DEPENDENT MOTHERS.
WASHINGTON, Nov. 15.-lhe Secretary OF the
interior was asked by ". W. Dudley, Commissioner Vi
Pensions, for proper and uniform construction Oh sec
ton 4,7O7 Revised stdtdtcs, concerning pensions 10 uo
pendent mothers. ia reply he writes IN part IL S
not violent pics tiOu Ia oUpfOsc that every man VINO
went into the army wOud suppot ais parents, Il tholF ne
cessits rqn rd him do 50 you may IN the deter
minlion of accept a. an established iact
Lai thu loss has deprived the parents Of tho sup
pot OF that their days Uf dep 5ldence. Inc statute
has however, liked the conditions or circumstances OF
the parties claiming to be dependent, aud yOu office
must he governed by the plain and unalnbguous
terms thereof. The statute was enacted 10
give dependent relatives compensation for the
damage they had sustained by the loss OF the person Oh
whom they did IN fact depend, or might depend under
the law, for their support and must have liberal con
srucon, to include al persons thai, from AL the
circumstances and words Of the statute the legislative
mind must have included at the time OF Its passage
You ask first What construction snail be put upon
the date of his death regards mothers manual
labor adeque means Or support and the eont1DuuOns
OF said son. Is this provision satisfied IT. at The date
of enlistment Of the soldier, claimant received support
from the sons labor in whole or in part Notwithstanding
the fact that for any soldier did not actually
send any OF his wages, soldier, home TO her 10
this unhesitatingy answer, yes.
To the second If the mother supported herself by
manual labor htef enlistment, DluSt
actual contributions from him tor from others not legally
bound aid In her supporp after enlistment, be shown In
addition to the fact her manual labor e. In most
OF the States before stated the SOD is bound by law
TO support his dependent mother aud i'll said
States ii only be necessary to show that
the mother supported herself by manual labor that fact
being esta blshed she il dependent mother In States
where such statute exists the answer is not 50 easy
If mother had adequate means OF support except
her own Labor she was dependent on her son within Inc
spirit of the statute and the Government becomes liable
~ pay her pension, IT, Ivy actual contribution. OF III any
other way, the had recognized his obligation to AID III
the support his mother The words in any other way
are broad enough allow considerable latitude III deter
mining dependency of the mother, and doubtless It
the intention Of Congress 10 give to the Department
the necessary latitude to determine the Oh the broad
and liberal policy that Congress adopted with reference
TO the subject. II would bo maDifcsy UNJUST TO allow
the mother TO receive pension she would not be dc
pendent the son, living and ii is equally unjust TO
deprive the mother Of that substantial aid which she
would have received if her son had lived
Your third question is The soldier being minor at
date OF enlistment and up TO the date OF his DEATH Will
the dependence of his mother father and the legal OBJ
legation aid in support Of either Of thcn be presumed
from such minority and necessity support" The
being minor the father entitled to his services
not living, the mother was entitledtO his services
think it consistent with the spirit OF the such
allow the dependent mother or father as the case
may De, a pension
Your fourth question is: "Must actual contributions
after enlistment be proven may the recognition by the
soldier Of his obi cations TO aid in the support OF his
mother be shown altematiyely, by letters from the
soldier expressing his desire VI intention to contribute
to labor her comfort aud maiut when he
turned, assist otherwise Ia her support la what other
way may such recognition Of MS Obligations 10 aid In her
support be shown g. Actual contributions not nCce,
sy. The expression Of desire intention on the
part of the soldier Is sufficient, and even
less than that Will suffice, for instance,
letters expressive Of affection and interest
III welfare may be wrl considered falling WITHIN
The provisions or the law otherwise recognizing his
oDngatiOn To aid in her support.
To your sixth question: a contributing with
wages support mis- mother enlists he is wounded
before sending a sOlder) home. The mother
had not adequate means Of support, other than the Or
date OF the sons enlistment WOunding death there
from He is discharged, home, totally mcapaci
tated from manual labor and requires regular aid and
attendance, pensiOncd at 500 per for said
disabilities OF Which he soon dies. during the reception
of his pension, lie and his mother sIbsled thereupOn.
in other words, he contributes 10 her support OF
his pension granted him for bis totally helpless COnd
ton from his wounds, al the date Of his death Is tins
proper contribution date of Lis death, ana Is this moth
entitled e. that tne mother IN that and
all others of like character, VIII be eucd 10 pension.
AS 10 question what are adequate means OF
support as contemplated by the statute e. Ems de-
pend condition in lie, and all the crcu instances
surrounding the what will be adequate support for
persOm may not be for another In every IL
should bc sufficient support the mother III that cOudI
d ic III which She lived