The National tribune. [volume] (Washington, D.C.) 1877-1917, 1886-01-14
PENSION DECISIONS
Recently Made by Commissioner BIac
Not in the Line Of Duty.


In this il appears that the soldier-an artih.
Ger IN Co h, U. s. Eng. batteTy-on the eve Of
Nov 3. '66, while in what is styled in the evidence
=" the post billiard-room" Mt Willet's Point n V
received injuries from burns incurred through the
explosion of lamp 1t is alleged and sought to be
proven that his death i'll 1873 due to these in
juries.
1t does not appear whether the billiard room
where the accident occurred was maintained in
whole or IN part at the expense OF the Government
but the Commissioner does not regard this cues
ton as material. The soldier not at the time
engaged in the performance of military duty but
III the exercise OF a privilege; he there for his
own amusement and at his own risk and the Gov
eminent was in no wise responsible for the injuries
he received under these circumstances
The claim will be rejected on the ground that the
soldier was not i'll the line of duty when he in
Cured the injuries alleged to have resulted in his
death.
Accrued Pension
The provisions of Section IT'S Revised Statutes
govern In every case in which the direct bene-
ficiary under pension certificate has deceased
u Alleged wrong and neglect upon the part of the
fenslon ONCE or Pension Agencies do not give use
to title not otherwise conferred by law.
The Governmensis not responsible for the torts
or laches OF the Pension Agents.
Only One Pension AVoUed
No more than one pension can be allowed to any
person. When claim under the general law has
been rejected and special granting pc sion to
the Claimant has subsequently passed, and the COM
mencement of such special acts pension is fixed,
either by its terms, by Section 4720 Revised
Statutes and such determination of the date is evil
ucHSS u that SUCH the
pension snail not commence at an earlier date. and
therefore it is held that the pensoner is not entitled
law.
Dependent Parents.
It appears that the soldier was but 10 years old
at enlistment, and that he worked at home for his
parents up to the date of his enlistment and that
he also sent them money while in service and that
such contributions were necessary the claim will
be allowed, deducting for the period the husband
was engaged IN mercantile business in Fairfield,
from 1860 to 1877.
Claim Of Minor Child.
Soldier died Oct Is 1874. having claim pendino
He had married in 1869, separated from his wife
and she on March Il. 1874 went through the cere-
mony OF marriage with another man, with whom
she has lived ever since as his wife. minor child
OF the soldier now claims pension in its own right
and also the accrued pension in the invalid claim
Ehe Commissioner decides that when the facts set
up in any case, bring it within the operation of the
rule deduced by Bishop, Marriage and Divorce See
iooo, as governing the condition arising under the
marriage relation when legal impeachment thereto
has been removed, in such there is no period
OF widowhood emitting the former wife of the SOL
aler either TO pension in her own right or to the
accrued pension unpaid in the Invalid claim When
in such case the soldier left a child or children
entitled, their pension will commence from date Of
the widows renarriage, which, under the circun-
stances named, would be the date of the soldiers
death. Also such minor child or children will ba
entitled to receive the accruement of the invalid
pension under the provisions of Sec. ais, z. 5.
In Regard TO Deserters
A person enlisted on the 10Th day Of December.
1861, to serve three years in the 18th y. Y. Cav.
On July 20, 1862, he deserted from his command
Thereafter, on Aug. f. 1862. under another NAME
| he enlisted in Co. K, 1st n. Y. Mounted Rifles !;
again deserted from Camp Parole Annapolis Nd
June lSS5, declaration for invalid pension was
filed. alleging the incurrenee Of certain injuries on
the 18th of May, 1863
Under these circumstances, has claimant any
standing before the Pension Office to apply for
| pension?
Ruling.-Where charge of desertion still exists
upon the records of the War Department against
applicant for pension under these circumstances
applicant has status before the Pension Ofice
to apply; nor will the Commissioner assume juris-
diction in such case. (Sec. Desc. on appeal OF
John Myers VOL II, p. 123, Commissioners Ruling,
| Sept. 4, 1sS5.)
| Where there two distinct terms of service
and the disability for which pension is sought in
| Cured IN the completed term, perfected by dis
charge or the execution of a sentence imposed by
court OF competent jurisdiction legal status Is
! established and the application will be recognized.
and jurisdiction assumed by the Commissioner Of
| Pensions. Commissioners Ruling in re Hattie
Kimball; Commissioners Ruling in re Jefferson
/ Fox, No. 276,763; Commissioners Ruling in re Benz.
z. Berry 369,6IO) contract Of enlistment cannot
be q valid contract where 1t is made in defiance OF
| law. The present 5Oth Article of War, United
States X. s., page 23i old Article number % U. s.
Stat at large, VOL 2, page 35a provides as follows
| " No non-commissioned officer soldier shall
enlist himself in any other regiment, troop or
company, without regular discharge from the
regiment, troop, or company In which he last
served. on the penalty of being reputed deserter,
| and suffering accordingly.
..And in case any officer shall knowingly receive
| and entertain such c7or-eommi5sioned officer or
soldier, shall not after his being discovered to
| be a deserter, Immediately eonfine him and give
notice thereof to the corps in which he last served
the said officer SHALL by eourt-martal, be eashs
] tered"
| (Signed) JOHN c. BLACK.
| Commissioner of Pensions.