National Republican., 1883-11-16
DEPENDENT MoruEns.
Important Decision ms 10 the Construo
ton OF the Pension Laws by sccrctar,


Teller.
The secretary of tho interior has made tn
following important decision regarding tn
proper construction of pension law:
DEPARTMENT OF THE INTERIOR, WASH
tNGroN, Nov 13, 1SS3.--HoN. w. w. DUDLEY
COMMISSIONER or PENsioNs--Sir: | hay,
yours of the twonty-fourth ultimo, askinl
me for proper and uniform construction o
section 47O7, revised statutes, concernin
pensions to dependent mothers
Among all civilized people there isA recop
nized moral obligation on the son to suppor
his dependent parents. This Is not a comino
law duty, but is recognized by many of th
states by statute. believe, however, th
statute is rarely resorted to to compel th
discharge of this duty. Public opinion
which is usually more potent than stat
utory law, would compel such supper
ordinarily without statutory aid in mos
cases the support so given is not the result q
statutory law, nor from tho fear of publ
roprohation but is induced by the love d
children for their parents. IL is not violen
presumption TO suppose that every man wh,
went into tho army would support his parenii
If their necessities required him to do so. s.
you may in the determination of these case
accept us an established fact that the loss tf
a son has deprived the parents Of the suppori
of that son in their days Of dependence; mo-
simply deprived them of tho love ani
affection which goes so far toward wardine
of from the declining years of the parents
many Of the cares and aunoyances of such y
poriod, but that substantial and material all
necessary for comfortable support for old ag,
The statute has, however, fixed tho conditions
or circumstances of the parties claiming TO b,
dependent, and your Office must be governe,
by the plain and unambiguous terms thereof
but in dealing with such cases, the sugges
tions have made may be properly considered
in determining what is meant by the term
used in the statute. The statute was enacted
to give the dependent relative some compen
saton for tho damage they had sustained b,
theIloss of the persons on whom they did in fac
depend, or might depend, under the law, for
their support, and must have "a liberal con
struction so as to include all persons that,from
all the circumstances and words of the
statute, the legislative mind must havo
included at the time of its passage. You ask
first: What construction will be put upon the
term "at date of his DEATH" as regards
mothers manual labor as adequate means of
support, and the contribution of said, &c. Is
this provision satisfied If at the date of en-
listment of the soldier claimant received
support from the sons labor in whole or in
part, notwithstanding the fact that for any
reason tho soldierdid not actually send any
of his wages, rs soldier, home to her? To
UnlS uunesllaulnSIy answer yes.
To the second "If the mother supported
herself by her own manual labor after sol
dier's enlistment, must actual contribution
after enlistment be shown in addition to the
fact of her own manual labor"
In most of the states, as before stated, the
son is bound by law to support his dependent
mother, and in said state it can only be neces-
sary to show that the mother supported her
self by mlnual labor, the fact being estab-
lished she is q dependent mother.
In states where no such statute exists the
answer is dot so easy, and each case must to
some degree depend upon the circumstances
surrounding it. If the mother had no ade-
quate means of support except her own labor
she was dependent on her son within the
spirit of the statute and the government be-
comes liable to pay her pension, if by actual
contribution or ia 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
considerable latitude in determining tho de-
pendency of the matter, and doubtless it was
the intention of congress to give to the de-
partment the necessary latitude to determine
the case on the broad and liberal policy that
congr ess adopted with reference to the sub
iect 1t would be manifestly unjust to allow
the mother to receive pension if she would
not be depended on the son if living and il
is equally unjust to deprive the mother OF
that substantial aid which she would have re-
ceived if her son had lived.
Your third question is: 1.-THE soldier being
q minor at date of enlistment and up to The
date of his death, will the dependence of lis
mother or father and tho legal obligation tc
aid in support of either of them be presumed
from such minority and necessity for sup
port"
The son being a minor, the father was en-,
titled to his services, or, if not living, the
mother was entitled to his services. / think
it consistent with the spirit of the statute il
such case to allow the dependant mother OIL
father, as the case may be, pension.
"Your fourth question is: Must actual con
tributions after enlistment be proven, OF may
the recognition by the soldier of his obliga
tions to aid in the support of his mother bt
shown alternatively by letters from soldier
expressing his desire or intention to so con
tribute, to labor for her comfort and main
tenance when he returned, or assist other
wise in her support? In what 'othor way ma.
such recognition of his obligations to aid in
her support be shownW
Actual contributions are not necessary
The expression of q desire or an intention
on the part of tho soldier is sufficient, ant
even less than that will suffice, as for in
stance letters expressive of affection and in
terest in her welfare may be we'll considere,
as falling within the provisions of the law n
otherwise recognizing his obligation to aid il
her support.
To your sixth question: "a son contribut
ing with wages to support his mother enlists
He is wounded before sending wages las
soldier) home. Tho mother had no adequat
means of support other than the ordinar
proceeds of her own manual labor, either q
tho date of the sons enlistment. wounding
| or death therefrom. He is discharged, come
home, is totally incapacitated from manua
! labors and requires regular aid and attend
ance, and is pensiOned ut $50 per month 70
said disabilities, of which he soon dies. Dun
ing the reception of his pension he and hi
mother subsist thereupon. In other words
| he contributes to her support of his pension
granted him for his totally helpless. cond
tion from his wounds, at the date of his deatl
| Is this proper contribution mt date of hi
death, and is this mother entitled2"
| answer that the mother in that case an
| all others of like character, will be entitle
| to pension.
As to question seven, "What are adequat
means of support, as contemplated by Oh
| statute?"
This must depend on the condition in life
| and all the circumstances surrounding tn
case. What will be adequate support for on
person maysnot be for another. In every cas-
it should DO sufficient to support the mothe
in that condition of life in which she hi
lived. II. NJ. TELLER,.
| Secretary of the Interior.
|
The Worlds Exposition at New Oriean
Senator Vest and Congressman Carlisle al
Casey called with Commissioner Goner
Morehead on the Austrian minister with IL