The National tribune., 1885-06-25
PENSION BUREAU.
Important Rulings and Decisions.

Inc following are among the rulings made
by the Commissioner during the week:
DEPENDENCE
Condition OF, not impaired bs the yeee1to,, of Ga
income too small 10 support EJe.
1t appears in these cases that the father and sao
were IN the same company and regiment The son
died ia less than three months after discharge and
III 1859 bis mother filed claim for pension which
has now been admitted. The father ia Is73 applied
for pension account of disability incrIrred in tha
sereice aud his claim is also admitted 1t sp-
two claimants VIII receive their first payusak
will be IN the neighbortlood of 81 coo
The question whether the mothers pension
should be made to terminate because of the pay
n'ent to her and her husband of such a SUM ss
that above named being submitted to the Hen.
Commissioner OF Pensions he held that the re-
eeipt of - 600 Jointly by the mother and her has
band could not be considered rs establishing con-
ditIon OF Independence which, within the law,
would be sufficient to terminate her pension aud
that IN all cases the payment of pension money
under such circumstances exist in these cases.
unless the sum received should he exceptionally
large as at legal rate- of interest to yield
nuity sufficient to support the mother comfortably
in that statios of life she had always occupied
would not operate to terminate her pension by
reason of Independence.
father. While receiving pay of private soldier
may be considered As dependent. For future guild
atiee 1t Is decided that soldier in receipt of pay
ratons aud clothing. may be considered depend
snt upon certain conditions For, in the Of
tfr Cole, there were q number OF dependent chill
dren, and the father had other income from
which they could have been supported the fact that
the tatier was receiving the pay of private soldier
should not be taken as conclusive evidence of nom
dependence.
Ana this view is fortified byrecoecting the his.
torcal fact that during much of the period occri-
ped by the war OF the rebellion the Currency Of
the unlted States, in which the soldiers were paid
was at q very great discount. The Commissioner
cieney OF fathers income. those who legally
dependent upon him must be taken into account
They cannot be separateJ from him.
Dependence of father, dedueting for period
aoherein he enjoyed income from ,rifcs estate, and
this period corered By date Of death Of soldier
Soldier enlisted December. 1861, and died in Au-
gust, 1852; father then dependent In April Is6e
the father married a widow possessing q dover
right III farm and other property, from which he
derived comfortable support up to 1875 when sha
died aud the property reverted to the estate leay-
ing him again dependent. The facts presented
show that the claimant was dependent on the SOL
dier during portion of the later's service and up
to the date of claimants marriage. Commissioner
decides on the facts presented that the clainlant
had no legal right to control the income of the
property of the wife, and it being established that
he did with the wife'S consent enjoy the proceeds
therefrom, presumably in consideration for his
service IN the management thereof, and such in
come was sufficient for the support OF himself and
family during that period. he was not dependent
This point being established. the pension may be
allowed, deducting for the period up to the wie's
death in i51o and for such other subsequent period
as he may be shown to have been non-dependent.
PENSION.
Commencement Of Where proof fails to shou pe,s-
sionabte rate for 10 gears after discharge, pen
sion to commence from date of actual disGbiifg
1t is alleged in the declaration fled June o. lSsO
in this case that the claimant contracted typhoid
fever and resulting disease of kidney Ready ville
Tenn, December. 1857. or january. 1865
He was enlisted Aug. "a 1861, WAS promoted 10 q
l5eutenantey Feb. IL, 1865 and was discharged sept
2s, 1855 During all his service there is no record
evidence Of any disability or absence account Of
sickness.
lie remained in the service nearly three years
subsequent to the day he alleges he became dis
toany disability. have reviewed ali the testimony
and am of opinion that pensioHable degree
of disability is not shown to have existed prior
the date of Dr. Friniarysons first treatment in
1851. The report of a Board of Surgeons at Des
Moines Oct. ri, 1884, makes it plain that there was
then no existing disability.
The Arrears Act of March 3, 1872 provides that al
pensions which have been or which may hereafter
be granted III consequence of death occurring from
cause which originated IN the service siuee the 4th
day OF March, 1851 or In consequence of injuries
ceived the disease contracted since that day shall
commence from the death discharge of the person
on whose account the claim has been or Is here
alter granted, and such disability occurred ster
the discharge, then from the date of actual disa-
bty. There is absolute failure of proof of act
ua disability prr to the date of DR. Frinlaryson'5
treatment Although admit that the seeds of the
disease appear TO have been in the soldiers system
ever since his service, and that the disability
ref-rabe thereto, there was not such condition
existing for Is years after discharge would war
rant hun IN granting any rate OF pension. l. there
lore direct that certificate shall issue, with rats
to be fixed at one-half, and the day Of commence
ment as Oct % 1881.
Aduterous cohabitation cured by diuorcs of srsser
wife of trh0se existence soldiers oidoW had been
ignorant. Widow has right to complete inralid
claim.
The claimant in this case was pensioned as widow
of Fletcher j. Owens, Captain. Co. G, l2sd Ind and
this pension terminated Sept Z. 1866, by
Of her marriage on that day to Bence A. HattOn, 3
former soldier of Co. b, 4Uth III. AS the guardian
of Capt. 0weHs's children she allowed pension
for three months from the date of her marriage
with Mr.. datton to the 10th of May, 1872, when the
youngest child became is years of age. Hatton had
ON file IN this office claim for invalid pension,
which was not completed at the time of his death,
Nov. IL, 1881. The claimant in the application
ecuted Dec 81. 1883. alleged that while endeavoriRg
to complete Hatton's case she discovered that her
marriage of Sept 2. 1866, was illegal inasnuch as
he had q wife who was not divorced from him until
Aug 2i 1867 She therefore claims restoration OF
pension as widow of Fletcher j. Owens.
The rule laid down by Bishop holds good In In
diana, where the marriage with Hatton took place,
and where she lived with him until his death in
1881 per q recent decision of the Supreme Court
Of that state. Hence 1t follows that while the
claimant may be regarded as having lived in what
may be termed q state of criminal adultery from
the date of her marriage Sept T. 1866, to the date
OF Of the divorce granted ms legal VIE. aug. -,
last mentioned. She has been fully paid all pefs
sion due her from the date of Capt Owess death to
the date of divorce and the commencement of her
legal relations with Hatton 1t is rather anomaly
that while living in adultery she may have been
entitled pension. yet her right would cease from
the moment her relations with the man became
pure; but it Is, nevertheless. true.
1t fellows from what has been said thst the widow
has rights as the legal widow of Bence A Hatton.
and she may complete his invalid claim on iie,
subject to the provision of Section AIS, Revised
Statutes. The rule referred TO as having been laid
down by Bishop is as follows, and will govern a;iy
similar cases: Ii by the law of the place where
the parties dwell a mere verbal mutual cen
sent constitutes marriage, even they are iIvi:s9
together in "a connection which both desire should
be matrimonial, but impeachment renders mar
riage void valid marriage viii incidentally arise
or the removal of the impediment while the
tua wish for marriage continues 1t IS inmaierial
to this result whether the impeachment WAS known
TO the parties not is this mere rule of eyi
denee. The law makes them husband and wiie.''
DEAFNE ESS.
Increase of Pension Asked For.