The National tribune., 1885-01-01
OUR coRREsPoNDENTs.
Replies to Questions onaa Variety Of Interesting
1 SEliects.

comparatively speaking,a free agent subject to no
orders from any military authority while within
however. cases where soldiers leave of absence
have been put upon some military duty by orders
the soldier would b. in line OF duty but not other
wise. A soldier is IN line of duty only whensper-
forming some military duty under competent
authority, is with his command subject to orders
! A soldier Is granteda iurlough TO go to a certain
! place and to return to his command at certain
date. He is not ordered to go neither is he COM
PEELED TO go TO the ljidce mentioned in the ttTtough
and stay there. He can go where he pleases. The
| Government simply releases command over him
for the time specified, and ne is Mt liberty to go
when and where he likes, subject to the dictation
of no person. and the Government is not response
BILE for anything that may befall him until it has
reganed control OF his movements, which would
be when he rejoined his command.
| +. H. H., Port Huron, Mich-If the Mexican PEN
| sion Bill and its amendments becomes n law your
mother can apply under that bill. She will have to
file application. The bill will provide pensions
from date of passage OF the bill only 1t does not
| give arrears in its present shape.
| Postmaster, NeJraska.-The coming President has
not indicated to what he proposes to do with
your office; therefore we cannot say whether you
will be removed or not. He can remove you, and
| can also appoint your successor and it is highly
| probable that postmasters of Democratic complex
ion will be quite numerous throughout the country
| after March 4, 1855
H. ~ c., Sait Rirsr Mich-1. II A files a claim
| for invalid pension through attorney, and after
years he notifies said attorney that he does not wish
to have him act in his any more and applicant
writes to the Pension Department himself will his
|
| claim has been rejected and he furnishes new and
| additional evidence viii his claim be opened
simply by him sending the evidence to the Com
missioner of Pensions himself? Ans,ver. l. You
cannot change your attorney nor dismiss him with
out good cause. Your simple request to your at
| tOrney for him to cease to act as such does not
| deprive him OF his rights in the claim nor will the
/ Department consider such request unless you can
show neglect on his part or other equally good
Mrs. A. C. j., Ness City, Kans.-1. The settler must
be a citizen Of the United States before he can
| make final proof. If he is an alien and has never
been naturalized, he is compelled to take out such
papers before patent can issue for the land 2. The
| Washington Monument is $50 feet and four inches
| high and is the highest structure in the world.
| A. T. Gould, Bath, BroUn Co., Oak, writes US
| that if any soldier wants to take up Government
land out there, by sending him his address and
postage stamp for reply he will give ali necessary
| information.
Mrs p s., Chilicotte, OIL. The Special Exam
| iner does not decide the case, can he say
whether claimant is entitled to pension. That is
not his business The claim is decided in the PEN
sion Office after the Special Examiner has submit
ted his report of the facts in the 2. A claim
| is sometimes rejected after what would appear to
| be ample testimony has been submitted, on the
ground that the testimony is not considered sutfi-
| cent to warrant the admission of the claim. 3.
| We cannot say why the long delayed pension
caims are not settled, except that the Government
Equalization of Bounty Bill Is of the measures
| yet to be acted upon. 5. The Mexican War PEN
sion Bill and amendments will do a great deal to,
wards relieving the wants of many soldiers and
| widows whose claims are pending.
l. X, Mdrsngo, ILL.,, says: What rank did Gen.
Grant resign to accept the Office OF President with
salary at that time? AnS,cer General, U. s. Army;
| SIS, 500 year.
al L. r., Bolivar, ~ Y-where a soldier draws o
| pension and he dies does not his widow draw the
same until she marries again; does his children
draw it, or does 1t stop when he dies? AnStcer.
| i'll the service and line of duty the widow chill
| dren are not entitled to pension. Their right to
pension depends upon sthe cause of the soldiers
| death
ATJ, Osa,ckce, Kan,-What Is the largest PEN
sion allowed q soldier who discharged from
the army for heart disease, and who proved by his
| physicians that he was not able to perform any
manual labor? AHStoer, The rating depends upon
the report of the Examining Surgeons, notwith-
standing the proof submitted, and may be $50 $50,
| S24, or any amount under sls, may be desig
mated by the Examining Surgeons. Inability to
perform any manual labor would be rated at $50, Ii
that degree of disability found by the Surgeon
| J. n, Aiton, M-No person but yourself
prove up homestead; therefore it is not possible
that the land has been secured in your name butt
| is possible that the papers which you gave the
party constituted him Your agent, and as such he
could declare your intentions to avail yourself of
the privileges of the soldiers homestead laws and
| locate your claim !; and if this done, and you
| failed to go upon the claim within six months, take
up your residence thereon and improve it, itwould
| be classed as abandoned claim, and you have no
| further rights to homestead as the law allows
/ but one homestead privilege. You should state the
| case to the Hon. Commissioner of the General
Land Office, this city, and ask him whether dc
c'aratory statement has been filed in your name,
| etc.
| ing for the payment, officer, of a soldier who
acted as Lieutenant after receiving commission end
| before being mustered in? The cause of not being
| mustered being that his company did not contain
| sufficient number of men. Anstoer. Providing the
| commission bears date prior to June 20, 1853, and
| there was a vacancy in the grade to which COM
misSioned, the soldier can be mustered officer
| and receive the pay of such grade; but If COM
| mission dates subsequent to June 20 1863 it Is
necessary, in addition to the above to establish that
| the command was not below the minimum number
required by existing laws and regulations to enti-
| tie the person to nitIster-in an officer
| Little Corporal, Minois.-l a has pension allow
! ed him for rheumatism from discharge to May,
| lSS3 when Department claimed disability ceased.
He pays his attorney the then legal fee of So and
| the same attorney at his request makes out appl-
! cation for restoration, claiming rheumatism has
existed all the time and still exists and in addition
thereto makes up a new declaration claiming for
disease of the lungs which not in first decla-
ration, but which then existed. Now. the question
Is, Has not this claimant two separate and distinct
claims pending viz, for restoration to pension roll
| on account of rheumatism, and one for the newly
alleged disability, disease of the lungs? Now, if
both claims are allowed is not the attorney enti-
tied to receive two fees for his for
toraiion and one for the disability: and will he
be allowed TO file two sets of fee agreements under
| the present law to cover the same, claimant con-
senting? 2 Is it proper to file fee agreements in
new cases commenced under the present law, and
will S25 be allowed? AilSi0er. /. There is but
claim, viz, restoration on account of disability for
which originally dropped, and for new disability
| and but set OF fec agreements are proper, az
| but one fee will be allowed. 2. Yes.
Beitoire.-l When pensioner Is dropped
from the rolls because 1t appears from the report
OF the Board OF Examining Surgeons that his dis
ability has ceased to exist in pensionabe degree"
who is responsible for his misfortune; where is
such decision reached, in the Surgeons Office or
Pension Office? 2. Is Il Board of Surgeons able in
every case TO pass Judgment correctly to exist
ing disability-is there not a vast amount of in
justice rerpetratc1 and great inequality in rating
from their reports? .. When pensoner is dropped
from the rolls and al application for restoration is
rejected, can the case be again reopened? AnsaUer
/. The decision is made by the Pension Office, and
is based upon the certificate of the Examining Sur
geons, who report that disability exists in a
pensionabe degree. 2. That is difficult question
to answer. No doubt there cases where in
justice has been done by Examining Surgeons who
are compelled to render opinion in case where
they have no professional history or knowledge Of
the claimant prior to his appearance for examna-
ton, and 1t Is not surprising that Surgeons some
times err, as II requires q high order of ability
skill and experience to correctly estimate the physi-
cal condition of person where the examination Ia
necessarily limited to few minutes. The small
fee allowed by the Government does not admit Of
an exhaustive examination in every case. We be-
lieve that Examining Surgeons, a rule perform
their @rduous duties conscientiously. 3. Yes; II
peDsioner was dropped on account OF disability
having ceased, it be reopcned at any time when
medical testimony showing the contrary facts Is
filed.
in the service desires know she could draw
pension now on account of said son. The son was
minor at the time of his service. His father lived
until about three years ago And II she cannot,
and person, claiming to be n Pension Agent tell
ing her that she could draw pension, and accept
ing fees for collecting the same, is he not liable
under the law? Anstger. The mother is entitled
for support at the date OF his death To prove this
she must show that the father did not and could