The National tribune. [volume] (Washington, D.C.) 1877-1917, 1886-01-21
OUR CORRESPONDENTS.
Replies to Questions On Variety CT Interesting
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| ton will be paid to communications that not
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1 reply to their inquiries. Postal cards VIII be
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narily be made within a week, and if in this col
/ umn within three weeks.l
s. C., Ell. Pleasant. Pal. Can an attorney charge
fee anything, for services rendered in the pros
! ecution of pension claim, when he is not the
| attorney of record, but merely assists in getting
! the evidence to complete said claim? z. In
soldiers pension restored last August, 80, and
the voucher for same mailed to claimant at said
time but was directed wrong, and claimant did no.
get 1t. but voucher was returned by L. =. Pension
| Agent to the Commissioner of Pensions, what
| steps should claimant take to obtain the voucher
for his money, after having written several times TO
the COMMISSIONER OF TENSIONS, giving his correct
post office address? AHs,oer. l. The Pension Of
hce will not allow him any fee 2 The Commits
sioner of Pensions Is the only person who can
| remedy the error. You should write him again on
the subject.
| Troy Ncb-Does q mans residence on home
| stead or presumption begin when he commences to
build, orther work the place, does he have
to actually reside on the land before his time IS
| counted in proving up? AnsWer. The period of
continuous residence and cultivation begins to run
at the date of actual settlement.
II. A. H., Glen ii'dd, N. VI enlisted Aug s, 1862,
wasexamned by Board of Government Surgeons,
passed as sound, able bodied man, AID accepted
into the service as such; was discharged at Iai-
mouth, Va, on Surgeons certificate OF disability,
| Feb. 9, 1868; drafted June 10, 1864; was
amned by Examining Surgeon King at Easton,
Pa; held in the service until the close of the
Applied for pension in 1879 for spinal disease,
the result of typhoid fever had said fever in first
service. Pension rejected on the ground that
the alleged spinal disease is the result of chronic
rheumatism, which existed prior to the enlistment,
as shown by Surgeons certificate of discharge.
Said Surgeon was a total stranger to re before |
enlisted. l had always lived III York State until
! the Spring OF 1852. l. Why is it the Commissioner
of Pensions should hold to that evidence as stuff
cent to rebut the evidence of 30 more competent
| 2
not my being drafted and held SUCH be Sutii-
Gent evidence to show that didn't have chronic
rheumatism prior to first service? 8. What steps
must take to present my claim before Congress?
| 4. If Congress should allow claim, can the appli-
cant prosecute his claim further in order to get the
arrears? Ansrer. ]. The cause of your first dis
charge being matter of record, made at the time,
Is therefore presumed to be correct, and such
! ord cannot ordinarily be rehutted by testimony
submitted 20 years afterwards. 2. No s. Get your
| Member of Congress to introduce bill for your
relief 4. Under recent decision it is held that a
special act of Congress granting pension destroys
the right of the claimant to further prosecute his
claim under the general pension laws.
j. e., Sc0HSturgb ~ "a man eniiSts i'll 1861, and
Is discharged prior to expiration of term of enlist
ment either for disability, or for some military
crime dcserton for instance by sentence OF court
| martial, or by order of the Secretary of War.
in some similar way. He enIists again in 1862, is
wounded while in line Of duty, and is finally honor
ably discharged at expiration of second term OF
| service. The disability contracted in first enlist
| mcEt no longer exists. Can he apply for aud
| obtain pension for the wound received in second
enlistment? Or does the fact that he discharged
during the first enlistment in the manner described
! above for any of the reasons given there, make
| his second enlistment fraudulent and Illegal and
thereby deprive him of the right TO apply for and
| to obtain pension for wound received i'll second
en.istment? lnS,rer. He is entitled TO pension for
disability received in second service His second
enlistment was not fraudulent Illegal. because
he had been discharged from his first enlistment.
The cause of his first discharge does not affect his
title to pension for disability in another service
! from which honorably discharged.
| j. L. X. s., Paragon H!d.-Is n father or mother
entitled to pension for II who was killed in the
said son being q years old before he enlisted,
and they had four other younger sons, two of
whom We're in the army at the same time, and two
| at home large enough TO work q farm and the
father owned 2iO acres OF land well stocked at the
| time of the soldiers death? Ansrer. They would
not be entitled to pension, because they could not
| prove dependence upon the son for support, etc.
| S. b. o., knight, Ore-I Has Il State the right.
through the Assessor, to tax the improvements on
homestead before the settler has made final proof?
! 2. Ii soldier files dcclaratory statement and
continues to reside on his claim without taking the
benefit of his term of service. how long may he
| reside before he will be required to make final
| proof? 4ns,cer. l. That is a matter which
! the Government has no jurisdiction. Consult some
lawyer in your own State. 9. Seven years.
| l.. B. WestStoals Ind.-A holder Ofinvalid pension
certificate at 81 per month, with concluding clause
resulting in total disability, such to render his
| incGpacity to perform manual labor equivalent to
| the loss of hand or foot" wants to know II he
| is entitled to the same Communication money pen
sioners who do not apply for artificial limbs? An
stpcr. No, unless the pensioners disability Is ac-
| tually located in an arm or Il leg. The commuta-
|
| loss of Of arm leg. Equivalent disabilities
| not considered,
| 4 Comrade, Ripon IFis.-1. You should he enti-
tied to change your attorney. The demand for 81
postage is excessive, 2. The medical evidence SUBJ
mitted ought to be sufficient to reopen the claim.
8. AZ we do not have access to the papers we can
not say how long time will elapse before you will
/ get reply from the Pension Office.
| H. Il. y, MOntezusna, Iowa.-By u. 8. banks"
| we presume you refer to National Banks. No
| bank private national, is compelled to cash
| check for any person but those who have check
upon that bank and there are funds there to meet
| it. The cashing of pension or oser checks issued
| by u. 5. officers, and drawn upon Assistant Treas
| urers at New York and elsewhere is simply an
con.nodatfon on the part of the bank, which it
! refuse to grant II it chooses TO do. The banks
| called National Banks are so designated because
their bank notes are national, their circulation be-
ing guaranteed by the Government, and such notes
| are thus good anywhere i'll the United States but
they can do us they please about cashing checks
| not drawn upon them.
j. II. ~, Fort Collins, COIo.-A pensioner is draw
ing pension at So per month"; disability occurring
| when he enlisted man. He became al OIL
| Ger afterwards. IL his disability becomes worse
| and he wishes to apply for an increase would his
rank he any benefit to him; that Is, could he get
any more by applying rs an officer? Ans,Uer. No.
Pensions only given for the rank actually held
| at the time the disability originated.
4 Veteran.-"I have noticed that for several
years "a number of bills have been introduced in
both Houses OF Congress IN tue interests oil soldiers
| of the great rebellion. They have been referred
to committees and that was the last ever heard of
| them. Were thoy introduced for buncombe?
| When introduced ard referred to committees, is
| there no power in Congress. or in the heavens
above or earth beneath, to get report from the
committees having the bill in charge? Why is it
| when the honorable gentleman from Skibbereen
introduces bill, gets his name III the paper and
the bill is referred that he IS perfectly satisfied
and never mentions it again? Sonr answer, throw
ing little light on the subject, will greatly obge,"
| etc. AnSiCer. We quite wei. aware that many
| bills have been introduced which were not prop
| ery followed up, but we are not prepared to say
that they were introduced for buncomben merely.
We are rather inclined to think it was negligence
rather than indifference which caused the death OF
so many just measures AS this is claimed to be
reform y administration, We trust that 1t viii
reach Congress, to the end that the soldier and the
sailor may receive portion OF the debt which the
country owes them.
S. l.. s. Franklin Forks, Pain case q mother
draws q pension for a son who died in the army,
and her papers made out the 9Th OF December;
she died the 7th of December; her husband an in
valid, over 60 years old. l. Can he draw the money
on that check? If So how? 2. Can he after this
draw the pension? If So how should he proceed?
AnSmer. l. No. The pension money reverts TO the
Government, except SO much as may be necessary
to pay n claim for reimbursement under Section
AIS, Revised Statutes. 2 He must make appliea-
ton for pension same she did, anu he Will be
entitled to draw the same amount per month that
she would have drawn, commencing only from the
date when he files his claim. He cannot draw any
of her pension.
Il QUESTION About