Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1885-12-18
,$5S,4OO,OOO.
This is the Size of a Job of
Claims Discovered by
Claim Agents.
All Under a Law Fifty Years
Old Relating to Soldiers.
Happy Claim Agent,

Happy Claim Agent.
WASHINGTON, Dec. 16.-Evidence
of large job of new pension claim
ants has Just come to light through
circulars of certain claim agents IL
this city addressed to the widows of
soldiers who were killed ia battle or
died of wounds received during the
late war. These circulars inform the
recipient that the agents have reason
to believe that there is due her from
the government on account of her
deceased husband a sum of money,
not in the nature of a pension,
amounting to between $400 and $500,
and an offer is made to prosecute the
claim before the departments and the
courts for a contingent fee of !wenty-
five per cent. Reference to the law
or other authority under which the
money alleged to be due has accrued
is studieusly avoided in these cir
culars, and many anxious inquiries
are being made by persons who have
received them as to whether there is
any thing in the scheme or not.
THE LAW.
A careful examination of the
United States statutes proves con-
clusively that there is only one law
upon which the claims in question
can be based, and that is the act of
March 19, 1886, entitled IAN act to
provide for the payment of volun-
teers and militia corps, in the services
of the United States" Is Stat, y.
This act took the place of the act of
January 2, 1895 q Stat, 40S), to
regulate the pay of militia when
called into actual service, and has
never been repealed. Section reads
as follows:
'That when any officer, non-com-
missioned officer, artifcer or private
of said militia or volunteer corps who
shall die in the service of the United
States or returning to his place of resi-
dence after being mustered out of
service, or at any time in consequence
of wounds received in service, and
shall leave widow, or, if no widow,
a child or children under sixteen
years of age, such widow, or, if 40
widow, such child or children, shall
be entitled to receive half the monthly
pay to which the deceased was enti-
tied at the time of his death, for and
during the term of five years; and in
case of tine death or intermarriage of
such widow before the expiration of
five years the half pay for the remain
der of the time shall GO to the chill
or children of said deceased; provided
always that the secretary of war shall
adoptSuch form of evidence, in applica
tions under this. aels rs the president
of the United Sks.s4s r.ay presc=ito. :"
This section is substapt TALLY identi-
cal with section 1, 656 of the revised
statutes, the only material difference
beng that in the latter the words
secretary OF the interior" are substi-
tuted for secretary of war;" This
change is supposed to have been made
by the compiIers of the revised stat
utes for the reason that the interior
department, which was not organized
until thirteen years after the passage
of the act of 1886, has charge of all
matters pertaining to pensions, to
which the allowance of five years
half pay is somewhat analogous.
IS THE LAW IN FoRCE8
There are con hicting opinions as to
the act of 1886 being still in force. Emil
nent counsel are said to entertain no
doubt that it is, while certain govern
ment officials incline to the opinion
that it has been implicitly repealed by
the liberal pension laws OF 1861 and of
subsequent years. As the question
will no doubt have to be determined
by the supreme court it is unneces-
sary to consider it nov further than
to say that the compilers of the re-
vised statutes were evidently convinc-
ed that the law had not been repealed
either by Implication Or otherwise,
and that said law, having been in
corporated ia the revised statutes, is
part ''of the statutes of the United
States general and permanent in their
nature, in force on December 1, 1878. :"
as declared by the act of June %,
1874.
THE PROBABLE COST.
The question of the probable cost of
this new raid on the treasury is not
only interesting to the general reader,
but it is highly important to every
tax payer in the United States. In
their circular the agents emphasize
the statement that unless the soldier
was killed in battle or died of wounds
the recipient need not execute the ac-
companying power of attorney au-
thorizing them to prosecute the case !;
but the law is susceptible of much
more liberal Interpretation, and if de-
clared to be operative will undoubt-
edly be worked for all it is worth. 1t
includes not only those who died "at
any time in consequence of wounds
received in service" but also every Of
ficer and soldier OF volunteers and
militia who died in the service of
the United States or returning to his
place of residence after being muster
ed out" The number of soldiers who
died while en- route 10 their homes
after muster out is not known, but
the records of the war department
show that 1924 officers and 344, 374
enlisted men died in service. as fol-
lows:
Enlisted