The National tribune. [volume] (Washington, D.C.) 1877-1917, 1883-11-22

terror, has addressed the Hon W. w. Dudley,
Commi ssionerof Pensions, the following letter:
DEPARTMENT OF THE INTERIOR,
WASHINGTON, Nov. IL, 1883
Hon. w. W. DUDLEY,
Commissioner Of Pensions
SIR: have yours of the 9th ultimo, asking me
for proper and uniform construction of section
4IO1, revised statutes, concerning pension to de-
pendent mothers
Among all civilized people there is a recognized
moral obligation on the TO support his depend
ent parents This is not common law duty, but
is recognized by many of the States by statute.
believe, however the statute Is rarely resOFted to
to compel the discharge OF this duty Public Opin-
ion, which Is usually more potent than statutory
law would eoepei such support ordinarily with
oat statutory aid; in most cases the support so
given : ot the result of statutory law from the
fear OF public Teprobation but 1t Is induced by the
love OF children FOR their parents. IL Is not vio-
lent presumption 10 suppose that every who
went into TIE army would support his parents if
their necessities required him TO do so. So YOU
may, in the determination OF these cases accept as
an established fact that the loss has deprived
the parents of the support of that in their days
OF dependence not simply deprived them of the
love and affection which goes 50 far toward ward
ing Off from the declining years of the parents
many OF the cares and annoyanees of such period
but that substantial and material aid necessary for
a comfortable support for old age The statute
has, however, fixed the conditions or circum-
stances of the parties claiming TO be dependent
and your Office must be governed by the plain and
UnaInbiguous terms thereof but ia dealing with
such cases, the suggestions / have made may be
properly considered in determining what is meant
by the terms used In the statute. The statute was
enacted to give the dependent relatives some com
pensation for the damage they had sustained by the
Iossot the persons on whom they did IN fact depend
or might depend, under the law, for their support,
and must have liberal construction so as TO in
elude all perons that. from all the circumstances
and words Of the statute, the legislative mind must
have included at the time of its passage. You ask,
first Nv hat construction will be put upon the term
at date Of his DEATH as regards mothers manual
labor as adequate means Of support, and the con-
rF- 70 let
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 Tea-
SON the soldier DID not actually send any OF MS
wages as a soldier, home to her? y To this IN
hesitatingiy answer Yes
To the second ''Ift the mother supported herself
by her own manual labor fer sfn,enf
must actual contribution after enlistment e shown
In addition to the fact of her manual labor -
In most OF the States, as before stated the son is
bound by law 20 support his dependent mother
and IN said State 1t can only be necessary TO show
that the mother supported herself by manual labor
the TACT beng established, she Is q dependent
mother.
In states where no such statute exists the answer
Is not SO easy, and each ease must 10 some degree
depend upon tie circumstances surrounding It.
II tie mother had adequate means of support
except her own labor, she was dependent on her
son within tic Split OF tie statute. aad the Gov
eminent becomes liable 10 pay her pension, Il, by
actual contribution or III any other way the son
had recognized his obligation 10 aid IN the support
OF his mother The words in any other way are
broad enough to allow considerable latitude in de-
ternlnlggs the dependency Of the mother. and
DOUBTLESS it was the intention OF Congress to give
to the Department the necessary latitude to deter
mine the case on the broad and liberal policy that
Congress adopted with reference to the subject 1t
would be maDIfestly unjust to allow the mother to
receive "A pension if she would not be deHeudeut on
the son II living and it Is equally unjust to de-
priye the mother of that substantial aid which she
would have received if her son had lived.
Your third question is: THE soldier being q
minor at date Of enlistment and up to the date of
his death, viii the dependence of his mother or
father, and the legal obligation TO aid in support of
either of them be presumed from such minority
and necessity for support"
The son being minor, the father was entitled to
his services, or, If not living the mother was enti-
tied 10 his services think it consistent with the
spirit of the statute in such case 70 allow the de-
pendant mother or father, as the case may be, a
pension.
Your fourth question IS: " Must actual contrfbu-
tons after enlistment be proven or may the reeog-
milton by the soldier of his obligations aid in the
support OF his mother. be shown alternatively by
letters from soldier expressing his desire inten-
ton to so contribute; to labor for comfort and
maintenance when he returned, assist other
wise in her support? In what other way may
such recognition of his obligations to aid in her
support be shown"
Actual contributions are not necessary The ex-
preston of a desire or an intention on the part of
the soldier is sufficient, and even less than that
viii suffice, for instance, letters expressive of
affection and interest in her welfare may be well
considered as falling within the provisions of the
law as otherwise recognizing his obligation 10 aid
IN her support
To your sixth question: "a son contributing
with wages to support his mother eaIists He IS
wounded before sending wages las a soldier home.
The mother had adequate means of support
other than the ordinary proceeds of her own man
ua labor, either ut the date Of the sons enlistment
wounding, death therefrOn1. He is discharged
comes home, is totally incapacitated from manual
labor and requires regular aid and attendance,
and is pensoned at $50 per month for said disabili
ties, of which he soon dies. During the reception
of his pension he and his mother subsist thereupon
In other words, he contributes to her support of
toto fitr he'll,
condition from his wounds. at the date of his
death. Is this proper contribution at date OF his
death, and IS this mother entited?"
answer that the mother in that case and all
others OF like character, viii be entitled to PEN
sion.
As to question seven, ''what are adequate means
OF support, as contemplated by the statuteP"
This must depend 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 lie sufi-
cient TO support the mother in that condition in
life in which she has lived II. NJ TELLER,
Secretary of the Interior.