The National tribune., 1886-03-18
NOTES.
PENSION DECISIONS
Recently Made by Commissioners Black.
Congressional Slips.

Congressional Slips
1t has come to the attention of the Commissioner
OF Pensions that parties not entitled TO do so are
using congressional slips for calling I'D cases. The
use of such slips by Unauthorized parties constitutes
frand and an evasion Of the requirements and
regulations of the Pension Office All such inoui-
rles, when made by persons not Members of Con-
greSs upon Congressional slips or uuon other Darer
designed 10 mslead to the standing of the writer
Will be immediately returned to the sender by the
Mail Division, or Dy that division in which they ars
discovered and no further attention VIII be paid to
them.
Fee Contracts
The act of July1 1884 requiring contracts to ba
MED IN duplicate means what it says, duplicate
originals, and is by its terms binding upon the
Commissioner OF Pensions in the matter of the
eondltlons precedent to the recognition OF attorneys
under fee contracts. Where only one cor,v of a
fee contract is filed attorneys will be allowed 50
days after notice OF the defect, to file duplicate
original contract executed by both parties il in
eret and recitins upon its face that il IS made and
hed to cure the defect in the record by reason Of
the ming OF only one original contract.
Date of Pension.
, Where Congress grants pension by special act,
the beneficiary under the special act if ths
act omits to fix the date of commencement
of the pension Hereunder will be entitled to hs
pensloned from the date of the special act. See
Sec. 4720, R. 81
ment OF the pension. the jurisdiction of the Conn
Of Pensions so far as relates to any action
removed, and no action can be had.
Half the Months Pay"
In the matter of J. Fl. Soule & Co.. claim agents,
Ihe amount conferred under the provisions of SEQ
tion 1896 OF the Revised Statutes is pension. The
use of the words in the statute :" half the months
pay Is measure of value and not distinctive
classification.
additional Pay
In the matter of Neal T. Grahan-Claim for fsez
by way of additional pay, extra allowance or COM
pensatiOn: An officer in the public service whose
salary is fixed by law is not entitled to any addI-
tional pay, extra allowance, compensation for
any services rendered by him in official capacity
not within the accepted scope of his Official desen-
tion in the absence of legislation expressly stating
that 1t Is in payment of additional pay extra allow
ance, or compensation. The general rule is THAI
one person cannot hold two offices where oneis
subject to the control, jurisdiction appointments
OF the incumbent of the other. The position of the
Examining Surgeon and the Office of Assistant
Medical Referee are obnoxious to this rule and in
compatible An Examiaing Surgeon being, both
preSumptlvely and as a matter of fact, subject to
the control and jurisdiction of the Assistant Medi-
cal Referee, claim, beyond claim for reiru-
bursement for actual and necessary expenses in
CURED in the discharge of the duties devolvinR by
assignment as Examining Surgeon, will be enter.
tanned.
Prior Unsourdness
In the claim of Elias V. Samson Co. F. SD Ohtos
Surgeons certificate of discharge reoiting upon
its face unsoundness prior to enlistment wen a.
evidence Ginds of disability prior to the service
In which the incurrence of pensiouable ailment is
alleged Is not conclusive, but may be rebutted and
claim should be adjusted upon preponderancs
of all the evidence filed in its support
Where the declaration or affidavit, which Is tho
foundation of claim for pension Is shown By the
records to have been fled but between the date Of
filing and the date OF completion to evidence
requisite to establish It. Is lost from the records
that the fact Of its being properly executed does
the declaration affidavit so lost mislaid the
foundation to establish disability disabilities
alleged as basis for pension Hereunder claimant
will be allowed to fle formal declaration and the
claim be then adjudicated upon the evidence on de
nuHc pro tlnc.
Not Entitled to $72.
This claim was filed Nov. l. 1881 the pensionabls
cause alleged being chronic diarrhea and resulting
insanity" The declaration IN question filed by
Henry Colville, as committee or guardian OF Alex
1t appears from the papers that the COMMITTEES
was appointed the 18th day of Octaber 1884, and
the presumption Is that the insanity Of claimans
was not adjudicated or existent In fact until that
date.
The claim was allowed on the 10th Of January,
1856, and certificate of pension issued granting
rate of $50 per month from the date of the fling Of
the original application for invalid pension.
On behalf of claimant it Is contended that. under
the act of June l6 $780, he is entitled to receive
and should receive pension at the rate Of s72 per
month.
held to be that those soldiers and sailors who sc
the date of the passage of the act, were by
of their disabilities entitled to receive $50 per month
under the act of June IS, 1874, though the right
might not at that date have been adjudicated,
should have the sum Of $50 increased under the
provisions of the act OF June Is, 1880, to S72.
1t is q condition precedent however. to the right
to enjoy the benefits conferred by the act of Juns
10, 1880 that the existence of the disabilities pro-
vided for by the act of June Is 1874 should be
tablished existent at the date of the passage Of
the act of June 16, lSS0.
In this case the application for pension noe
flied until Nov l. 1884, and when fled fled
under the act of March 8, 1879.
In the absence of proof that claimant in this case
was. on the 10th day of June either receiving or
entitled to receive the sum of $50 per month under
the provisions of the act of June Is, 1874 OF any
proof of prevailing insanity so as to remove all
limitation the rate he IS awarded IL the high
est rate to which he is entitled under the law.