The National tribune. [volume] (Washington, D.C.) 1877-1917, 1886-02-18

ousy granted on account OF the service and death
OF the same person, the pension shall commence
from the date of filing by the party presenting the
cialm the last paper requisite to establish it, pro-
vided that claim allowed prior to the 9Th day of
June. 1866. shall be affected by anything contained
therein.
Under this section the right to the benefits of half
pay pensions on new applications provided for under
any law of the United States is barred
The benefits conferred upon the widows and or
phans under Section of the act of July 4, 1896.
which act includes the beneiciaries of the act of
nIareh ~ lo3o continued under the acts of Feb 3.
1853, and June 8 1883 have been applied for and al
lowed pensions under the designation of half pay
pensions to widows and orphans. and the records
of the Office of the Third Auditor show that they
have been paid as pensions.
That the benefits conferred upon widows and
orphans by the first section of the of July 1896
which includes the beneiicares of the act of March
10. 1886, PENSIONS appears to be well estab-
lished, not only by the various analogous acts but
by the appropriations from which they have been
paid.
This view of the is also sustained by Attorney
General Butler. in his opinion of Oct "a, 1886, in
which he says: " Pensions TO widows and orphans
granted by the first section of the act of July l. 1886
Chap. Boz, commence from the day when the bill
was approved by the President in all cases in which
the death of the party serving occurred anterior to
that day; IN subsequent cases from the death of
the party"
Section 1856 of the Revised Statutes was compiled
from the said act of March 10. 1885, which provided
the same half-monthly pay for five years to the
widows and children of the officers and soldiers of
the volunteer or militia corps employed in sup
pressing the hostilities of the Florida Indians that
had been provided for the widows and children of
officers and soldiers of the Regular Army.
The first section of the said act provided that the
officers and soldiers of the volunteer forces who
had been in the service of the United States any
time since the lst of November, 1885, or who might
thereafter be IN the service shall receive the same
monthly pay and allowances az was provided by
law for the officers, musicians artfcers and pri-
Yates of the infantry of the Army of the United
States.
The fourth section of said act provided that the
volunteers or militia who had been might be
received into the service of the United States to
suppress Indian depredations in Florida should be
entitled to all the benefits which conferred upon
persons wounded or otherwise disabled in the
United States service
The ftfh section of said act provided that when
any officer, non-commissioned officer artificer or
private OF said militia or volunteer corps should
die In the service, his widow, and if widow, his
children under 16 years of age, should receive
half the monthly pay for five years to which
the decedent would have been entitled at the time
of DEATH
The sirth section of the said act provided that
the volunteers and militia, mentioned in the fore
going provisions of the act called into service be-
fore its passage, should embrace only those who
were ordered into service by the commanding Gen
era or Governors of States and of the Territory of
FLORIDA, under the authority of the War Depart
Indians.
Section 1856 of the Revised Statutes having been
compiled from the fifth section of said act without
chahge except as to jurisdiction from the Secre-
tary OF War to the Secretary of the Interior who is
charged by the law with the supervision OF public
business relating to pensions, it is clear that the
DehcEts-Whatever their character-conferYedu upon
the widows and children referred Section 1856
OF The Revised Statutes limited to the widows
and orphans of soldiers of the Florida Icar.
Section $500 of the Revised Statutes provides that
the arrangement and classification of the several
sections of the revision have been made for the pur
pose OF more convenient and orderly ent
OF the same, and therefore no inference or pre-
sumption of Legislative construction TO be drawn
by reason of the " Title" under which any particu-
lar section is placed. (See also all of Title "a
The act of March 49, 1885, appears 10 be obsolete,
as all its beneficarie5 provided for by the
comprehensive act of July T. 1876 and its benefits
cannot be esteHded to the soldiers of the late war.
or their heirs by the terms of section g. of said
act It's benefits are limited to those who served i'll
the Florida Indian lUdr Of 1885.
No new legislation was contemplated by the re-
vision, and its benefits, either i'll section 1855
el5ewher have no application to tie widows and
orphans of soldiers of the late war.
It Is recommended that 1886 of the Revised Stat
utes be repealed as its provisions are fully covered
by Section 1892 of the Revised Statutes under the
title OF Pensions"
Its retention in the Statutes tends TO create con-
fusion and offers inducements to Claim Agents and
others to initiate claims against the Government
resulting in unnecessary labor and cost to the De-
partments, even when it is shown, as in this case
that all the benefits conferred by the act have been
fully satisfied
also transmit copy of a letter of the hOnora-
bic Third Auditor relating to the early adjudica-
ton and payment of half-pay pensions" under
the various acts of Congress referred to herein
with special reference the acts of March 10 and
of July 4. 1885, with draft of bill for the repeal
of Section 1856 of the Revised Statutes and request
that 1t be reported to the House at early day,
and thus put end to the numerous futile appica-
tIon5 that are now being made under its prOvis-
ions.
Very respectfully, JOHN c. BLACK,
Commissioners