Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1883-11-30
DEPENDENT MOTHERS.
Righteous Decision i'm Their Rehalf
by the Secretary of the Interior.

The Secretary oil the Interior was asked
by w. w, Dudley, Commissioner of PEN
sions, for proper and uniform con s,ruc.
tion of section 4,707 Revised Statutes, con-
cerning pensions to dependent mothers. In
reply lie writes in part: 1t is not vio-
lent presumption to suppose that every
man who went into the army would sup
| port his parents, If their necessities re-
| qmired him to do so. So you may in the
determination Of these cases accept as an
established fact that the loss of son has
deprived the parents of the support of that
son in their days of dependence The
statute has. however, fixed the conditions
or circumstances of the parties claiming to
he dependent, and your Office must be gov
erned by the plain and unambieuous terms
thereof. The statute WAS enacted TO give
to dependent relatives some compensation
for the damage they had sustained by the
loss OF the person on whom they did in
fact depend, or might depend under the
law, for their support, and must have n
liberal construction, so as TO include all
persons that, from all the circumstances
and words of the statute, the legislative
mind must have included at the time OF
its passage.
Yon ask, first: "What construction
shall he put upon the term date of his
death as regards mothers manuel labor as
adequate means of support, and the con-
irihutions of said son. etc. Is this provis-
ion satisfied il. at the date of of enlistment
OF The soldier, claimant received support
from the sons labor in whole or in part
notwithstanding the fact that for any rea-
son the soldier did not actually send any
OF his wages, as soldier, home to her p
10 this unhesitatingly answer, yes.
To the second: 'If the mother support.
ed herself by her own manuel labor after
soldiers enlistment must actual contribn
tions from him Tor from Others not legally
bound TO aid in her support) after enlist
ment, lie shown in addition to the fact OF
her own manuel labor 2" In most of the
States, as before stated, the son is bornt
by law to support his dependent mother
and in said States 1t can only be necessary
TO show dhat the mother supported hersel
by manuel labor; TIM. face being estab-
lished, she is a dependent mother. Ii,
!. States where no such statute exists the an
swer is not so easy. If the mother had nc
adequate means OF support, except her
! own labor, she was dependent on her sol
within the spirit of the statute, and the
Government becomes liable TO pay her
pension, il, by actual contribution, or IN
any other way, the son had recognized hi,
obligations to aid the support of his meth
er. The words in any other way are broad
enough to allow considerable latitude In
determining the dependency OF the mother
: and doubiless il was the intention of Con.
gress to give to the Department the neces
sary latitude TO determine the case on til,
broad and liberal policy that Congress
adopted with reference to the subject.
would be manifestly nnJnst TO allow tn,
mother to receive u pension If sle woulc
not be dependent on the son, if living, AM
tis equally unjust to deprive the mother
OF that substantial aid with she would hav,
received II her son had lived.
Iour third question is: "The solde
being minor at date of nlstment and u,
: to the date OF his death, will the depend
enee OF his mother or father, and the lega
obligation 10 MD in support of either o
/: them, be presumed from snch minority nm,
necessity Tor support? ?" The son being
minor, the father was entitled to his ser.
vices. or, II not living, the mother was en-
: titled to his services, think II consislen
, with the spirit OF the statute in such cas-
To allow the dependent mother or father
|
: Your fourth question is: "Mnst actus
. . contributions after enlistment be proven
' or may the recognition by the soldier q
his obligations to aid in the support OF hi
y mother be shown aielnaiively, by letter
lrpm the soldier expressing his desire a
. intention to so contribute, TO labor for he
y comfort and maintenance when he rs
u turned. or assist otherwise in her support
In what 'other way may such recognize
OF his obligations to aid In her support
y shown? Actual contributions are not ne,
eSs"ry, The expression of = deare or a
7. intention on tine part Of the soldier is suffi,
I. lent, aud even less than that will sufiic
M Tor instance, letters expressive OF aHee
~ Hon aud interest in her welfare may |
% we'll considered as falling within the pre-
= visions Of the law, AZ otherwise recognlzin
Z his obligation to aid in her support.
" To your siyih question:: "a son COZ
,e iribnting with wages to support his moth,
u enlisls. lilo is wounded before sendir
! wages (as a soldier) home. The moth
~ had not adequate means or support, 9th
W than the ordinary proceeds OF her ow
" nannel labor, either at the date OF Il
y sons enlistment, wounding or death ther
G. from. lie Is discharged, comes home,
= totally incapaetated from manuel lab
)" and requires regular aid and ATTENDING
y and IL pensioned at $50 per month Tor sal
US disabilities, OF which he soon dies. Du
or Ing the reception Of his pension, he al
'u his mother subsisied thereupon.
lu other words, lac contributes 10 b