The National tribune. [volume] (Washington, D.C.) 1877-1917, 1888-04-19

1884 to date from Nov 16 1864 which would be
while was in service Am | entitled to pension
First Lieutenant and will | be entitled to SlO0
bounty if any of the bills pending pass Congress
and become laws, having been promoted before
serving two years? AHSl0eT. You could not be
pensioned rs First Lieutenant, because the law pro-
vides that all pensions shall be granted for the
rank actually held when the disability originated,
which, in your case, was Second Lieutenant
You not entitled to bounty Under existing laws.
There are, however. bills pending IN Congress
which, in the event of their becoming laws, would
entite you to bounty which You would have re-
ceived had you served out your term as an enlist
ed man.
G H w., CadoH, His-A soldier enlisted July 25.
1862 for three years or during the war. During
his service he marked a deserter, but
never tried for nor convicted of said charge He
did regular duty, participating in the battle of Mis-
sion Ridge, Tenn and in all OF the skirmishes and
battles of Shermans Atlanta campaign, and under
promise Of the Colonel that the charge would be
removed. He was mustered out on full descriptive
roll, and received an honorable discharge certificate
May ., 1860, and was discharged on special order
of the War Department May s. 1865. But the
charge of descTlion was sent up on the final rolls.
He was pensioned in june 1865, and was suspend
ed from the pension-Tols during the Summer of
1886 on question of identity. He has claim for in
crease pending before the Department. What
the order on which said soldier discharged?
2 Will the fact of the charge of deseTtiOn without
trial and conviction operate rs a bar 10 the rein
stating OF sad soldier to the penSlonroiis 8 WIZ
the ruling of Commissioner Black extend to those
who were pensioned by his predecessors? 4. Does
the fact of an honorable discharge certificate wipe
and conviction? 5. Has the United States Supreme
Court ever decided that an honorable discharge
does so wipe out the charge above alluded to? IN
StCer l. Unless you can give us the number OF the
special order it will be impossible for to answer
your inquiry. 2 In our opinion, no. 3. No. 4.
IL should; but the Department now holds that
when the charge of deSerton remains uncanceled
it operates a bar but that it does not affect his
present standing If the records show that he was
returned to duty by competent authority, the
charge will be no bar. We advise him to CORE
spoud with the Acknowledgement, L. S. A, and no
Iyxyzt, i,o. s,rF,,s g 4
the record and thus clear the way for any future
claim said soldier may have 3. Yes; the Supreme
Court decided that IAN honorable discharge given
to soldier q formal, final judgment passed by
the Government upon Isis entire military record,
and authoritative declaration by il that he
leaves the military service in a status of honor"
Thus hOnorably discharged, the soldier cannot by
reason of his having formerly deserted be deprived
of any rights to pay allowances or bounty usually
incident upon an honorable discharge. The Com
missioner of Pensions, however, holds that this Is
not applicable in pension claims.
N. L. H., COr,0in, o. enlisted Sept o 1861, for
three years If not sooner discharged; reeniisted
| Jan. 5, 1864 discharged July 81. 1865. Received
$500 for re-cnlistiug. Does said 500 include the
! first service or not? never received discharge
from first service but received il for service from
Jan s. 1864 to July 81, 1868. Is there not 500 yet
due me the first enlistment first service being
certified to by Adjutaut General q. :. A, on last
! service discharge? AnS1Cer. The 500 which you
! received on your second enlistment did not include
the 500 which was due ON your first enlistment.
| We do not understand why you did not receive n
| discharge from your first enlistment, why you
did not receive the siGJ bounty due you. This is
remarkable case if your statement be true. II you
did not receive said 500 you can apply at any time
| to the Second Auditor of the Treasury, Washing
| ton, ID. c., and receive the amount
/ j. II. b., Springfield, No.. Does the drawing
oil pension OF $50 per month enttle the pensloner
TO Communication Of $50, in place Of artificial imb2
2. Does gunshot wound in the body leg, or arm,
for which person Is drawing $50 per month, entl-
tie the person to Communication of $50 every five
years. if the limbs are not entirely useless? Ap-
StUer. L. Yes providing the disability for which the
10 Ion TfsA4 1sg~
To entitle to commutation the pensiCner must
have lost limb or the of a limb
H. G., Ra'otias, KaH.-l. Am pensioned at S. per
month for injury to spine; have been subjected to
severe attacks of chronic diarrhea contracted in
the army but have not applied for pension on &C.
count of said disability. Should do 50 now would
my being on the rolls for injury 10 spne affect my
chance for pension for the other disability? 2
Would the Department have to go over all the tes
timony in my former claim, only IN the new
3. If granted, would il be called increase or new
pension? f. What are the charges of an attorney
Tor conducting my case, should ! apply again!
AHs1Ccr. J. No. If you are disabled by reason Of
the additional disability, you are entitled to pen
sion therefor, and you should apply. 2. All tht
testimony on file in your old claim would be con
sideTed in connection with the new. 3. II would
be designated reissue to allow additioal disa
bility. 4. The claim for n disability is The
same original claim the fee for which is from
soto So according to contract between the parties
n. r., Sharon, Ky.-There are several bills pend
ing IN Congress to provide pensions Tor the soldier
OF the Creek aud other Indian wars. They are EN-
inentIy proper and just, and there Is reason to be
lieve they will be passed in which event you woult
be entitled 10 a service pension, the same as tn
soldiers Of the Mexican
j. G., Red HaJU, o.. A soldier served tire
years and died in 1873 from disease contracted il
service, leaving wife and three children Th
mother never applied for widows pension, aH'
died in 1877. Are not the children, although Eov
over 10 years of age, entitled to g month pension
from the date OF the mothers death up to the tim
they were IS years old . Ifso, how should the,
proceed to get it? Ansiuer. ]. Yes; from the dat
OF the soldiers death If the widow did not remarry
and in addition thereto the IS which the mOthe
would have received had she applied. 2. Appi.
to the Commissioner of Pensions.
! J. H. r., ZINE Gr0Ue, Hy.-A soldier served tiv
months in regiment, left it. and Joined another
Served four months, and taken back to hi
former regiment. Can he receive pay for his fou
months service? AnSWer. No. This service wa
, J not authorized.
w. II. Ned. Wildwood, Wis.-I was mustere
into U. 5. service Aug. 8, 1862; was mustered on
Oct. l, 1867 received 500 bounty. Am justly en-
titled to any more bounty? Ansper. You wouI
have been entitled TO Sl00 additional bounty liza
you fled your claim therefor prior to July !, 1885,
| when all such claims became barred. There
nothing further due you under existing laws.
Il. j. ~, EstherUHte-If the Dependent Pensio
Bill becomes a law, will those already on the ro
at less than Sl2 per month be increased TO tina
amount? Ansger If they come within the phras
designated as " total pacity for the Performance
of manual labor" A man who is drawing So pc
month"; or less, IS not totally incapacitated for tn
performance of manual labor by reason OF the disa
bity for which he is pensioned. If pcnsiOned
less than SD per month he would have TO be di.
abled by some disability additional to that for whie
he Is pensioned, the combined effects OF whic
render him totally incapacitated for the perform
ance of manual labor, he being without other adj
quate means of self-support." This is the cond
ton of the bill at present.