The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1883-11-30
An Important Decision.
RELIEF FOR PARENTS WHO LOST THEIR
SONS IN THE CIVIL WAR.

The Secretary of the Interior has ren.
dered an important decision regarding
the proper construction of Sec. 4707
Revised Statutes, concerning pensions
to dependent mothers. He says, in a
letter to the Commissioner of Pen
sions:
Among all civilized people there is a
recognized moral obligation on the son
to support his dependent parents. This
is not a common law duty, but is rec.
ognized by many of the states by stat
ute. / believe, however, the statute
is rarely resorted to to compel the dis
charge of this duty. Public opinion,
which is usually more potent than stat
utory law, would compel such support
ordinarily without statutory aid.
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 liberal construction, 80 as
to include all persons that from all
circumstances and words of the statute
the legislative mind must have included
at the time of its passage.
You ask, first "What construction
shall be put upon the term, at date of
his death, as regards mothers manual
labor as adequate means of support, and
the contributions of said son, etc. Is
this provision satisfied, if at the date of
enlistment of the soldier claimant re-
ceived support from the sons labor in
whole or in part notwithstanding the
fact that for any reason the soldier did
not actually send any of his wages, as a
soldier, home to her?" To this l unhesi-
tatingIy answer, yes.
To the second, eff the mother sup
ported herself by her own mammal labor
after the soldiers enlistment, must ac.
tual contributions from him (or from
others not legally bound to aid in her
supporD after enlistment be shown
in addition to the fact of her own man
ual labor p In most of the states,as be-
fore stated, the son is bound by law to
support his dependent mother, and in
said states it can only be necessary to
show that the mother supported herself
by manual labor, that fact being es-
tablished, she is dependent mother.
Your next question is "The soldier
being minor at date of enlistment and
up to the date of,his death, will the depen-
dence of his mother or father, and the
legal obligation to aid in the support
Of either of them, be presumed from
such minority and necessity for sup
port 2" The son being minor, the
father was entitled to his services, or,
if not living, the mother was entitled
to his services. think it consistant
with the spirit of the statute in such a
case to allow the dependent mother
or father, as the case may be, pen.
sion.
To your sixth question, ga son con-
tributing with wages to support his
mother, enlists. He is wounded before
sending wages Gas soldier) home.
The mother had no adequate means of
support other than the ordinary pro-
ceeds of her own manual labor, either
at the date of the sons enlistment,
wounding or death therefrom. He is
discharged, comes home, is totally in
capacitated from manual labor, and re-
quires regular aid and attendance, and
is pensioned at $50 per month for said
disabilities, of which he soon dies. Dur
ing the reception of his pension he and
his mother subsist thereupon. In
other words, he contributes to her sup
port of his pension, granted him for
his totally helpless condition from his
wounds, at the date of his death. In
this proper contribution at date of his
death, and is his mother entitled 7" l
answer, that the mother in that case
and all others of like character will be
entitled to pension.
AS to question seven, "What are
adequate means of support as contem-
plated by the statute?" This must de-
pend on the condition in life and on all
the circumstances surrounding the case;
what will be adequate support for one
person my not be for another. In
every case it should be sufficient to sup
port the mother in that condition Of
life in which she has lived.
H. M TELLER,
Secretary of Interior.