The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1883-11-17
TIE PENSION LAWS.
Several Important Points Decided b
Secretary Teller.

Secretary Teller.
WASHINGTON, Nov. 16.-Secretary Tellsr
has decided several important points regard
ing the construction of the pension laws, which
were embodied in series of questions sub
mitted by Commissioner Dudley. The Secre-
tary says: Among all civilizsd people there il
recognized moral obligation on the son 10
support his dependent parents. This is not 8
common law duty, but is recognized by many
oil the States by statute. You may, in the de-
termination of these cases, accept as an estab-
lished fact that the loss of son has deprived
the parents Of the support of that son in their
days of dependence of that substantial and
material aid necessary for comfortable SUI
port for old age.
You ask, first: "What construction shall lis
put upon the term, 'at date of his DEATH rs
regard mothers manual labor as adequa %
means of support, and the contributions df
said son, etc.? Is this provision satisfied, if At
the date of enlistment of the soldier, claim
ant received support from the sons labor in
whole, or in part, notwithstanding the fact
that for any reason the soldier did not actually
seDd any OF his wages as a soldier home to
her?"
To this unhesitatingly answer, yes.
To the second: "If the mother supported
herself by her own manual labor, after the
soldiers enlistment, must actual contributions
from him (or from others not legally bound to
aid in her support) after enlistment, be shown
10 addition 10 the fact of her own labor2" In
the States where the son is bound by law to
support his denendent mother 1t can only be
necessary to show that the mother supported
herself by manual labor. That fact being
established, she is a dependent mother. La
states where no such statutes exist, eaco case
stances surrounding it, Ii the mother had no
adequate means OF support except her own
labor, she was dependent on her son, within
the spirit Of the statute, and the government
becomes liable to pay her a pension, II by ac-
tual contribution or in any other way the son
had recognized his obligation to aid in the
support of his mother. The words in any
other way are broad enough to allow consider
able latitude in determining the dependency
of the mother, and doubtless it was the inten-
tion of Congress to give to the department the
necessary latitude to determine the case on
the broad and liberal policy that Congress
adopted with reference to the subject 1t
would be manifestly unjust to allow the
mother to receive pension il she would not
be dependent on the son il living, and it is
equally unjust to deprive the mother of that
substantial aid which she would have received
if her son had lived.
Your third question: "The soldier being
minor at date OF enlistment and up to the date
OF his death, will the dependence of his
mother or father, and the legal obligation to
aid in such support of either of them, be pre-
sumed from such minority and necessity for
support"
The son being minor, the father was en-
titled to his services. I think it consistent
with the spirit of the statute ia such . case to
allow the dependent mother Or father, az the
case may be, pension.
Your fourth question is: s'Must actual con-
tributlons after enlistment be proven, or may
the recognition by the soldier of his obliga-
tions to aid in the support of his mother be
shown alternatively by letters from the soldier
expressing his desire or intention to so con-
tribute to labor for her comfort and mainten-
ance when he returned, or assist otherwise in
her support? In what other way may such
recognition OF his obligations to aid in b er eup-
port be shown?"
Actual contributions are not necessary. The
expression of desire or an intention on the
part of the soldier is sufficient, and even less
than that will suffice, as for instance. letters
expressive of affection and interest in her well
fare may well be considered as falling within
the provisions of the law as otherwise recog-
nlz1ng his obligation to aid in her support.
Your sixth question: "a son contributing
with wages TO support his mother enlists. He
| IS wounded before sending wages (as soidier)
home. The mother had no adequate means OF
| support other than the ordinary proceeds of her
| own manual labor, either at the date of sons
enlistment, wounding or death therefrom. He
is discharged, comes home, is totally incapacia-
| ted from manual labor and requires regular
aid and attendance, and is pensioned at 500
| per month for said disabilities OF which he
| soon dies. During the reception of his pension
he and his mother subsist thereupon. In 9th
| or words, he contributes to her support of hia
| pension, granted him for his totally helpless
| condition from his wounds, at the date of his
death. Is this proper contribution at the
date of his death and is this mother entitled?'
| answer that the mother in that case, and all
| others OF like character, will be entitled to a
pension.
As to question seveps -0 What -adee.na ae
means of support, as contemplated by the stat
ute?''
This must depend on the condition in life
and all the circumstances surrounding the
| case. What will be adequate support for one
person may not be for another. In every case
it should be sufficient to support the mother in
| that condition in life in which she has lived