The National tribune. [volume] (Washington, D.C.) 1877-1917, 1888-11-08
DECISIONS
OF Great Importance to the Veterans.


Treasury:
Soldiers Charged rith Desertion. Volunteers
charged with desertiOB, who voluntarily re-
turned to the service within reasonable time
and while the war was still fragrant are con-
sidered as merely absentees without leave, and
not as deserters. The voluntary return under
such circumstances rebuts the presumption
raised by the charge on the rolls. The same
principle is applied when both the desertion
and the return were after the cessation Of hos
tilties
Desertcrs who returned under the Presidents
proclamation and afJerward served, do not for
felt the right TO bounty if their service, after
dcducting the time of their absence is sufficient
Soldiers Captured 5g the Eaemy.-A soldier
captured by the enemy while absent without
leave is considered as on duty, and becomes en-
titled 10 pay that he would have forfeited for
absence without leave.
Soldiers Discharged on account Of 4JSence.-If
a soldier is borne OH the rolls as discharged on
account of absence from his command, evil
dence is admissible to show the cause of the alb
scnce. and if it be shown that the cause was
wound. he is deemed to have been discharged
for wounds and is entitled to bounty accord
ingly.
Arrest b. Girl Amhrity.-A soldier in arrest
by the civil authorities is not treated as absent
without proper authority, unless he is convict
ed. If he is released by the civil authorities
without trial, guilt cannot be presumed.
When Tine IN arrest Counts for Bounty
Where a soldier was held in arrest by the mill
tary authorities, and a!terward restored to duty
without trial, and no record exists showing the
cause OF the arrest, the presumption of inno-
cence remains, and the time passed in arrest
counts for bounty.
Death from EUecS2eS IN SerCicc is not Bar
Soldiers who are killed, or die from injuries
received in attempts to desert, or in mutiny,
are not considered IS diving lin service
within the meaning of the bounty laws; they
are in status &c disgrace But death result
ing from excuses IS considered death in sery-
ice, because the soldier has not Intentionally
separated himself from the service, as in the
former class Of cases.
Discharge for hefieieucy does not Forfeit
Taarei Pag.-Au officer dropped from the rolls
on account of inelIiciency, or for other reasons,
provided it be not =" by way of punishment for
an ofense Is entitled to travel allowance to
place of entering the service. So in eases of
resignation, unless the resignation is voluntary
and for the personal convenience of the officer.
Discharge for HUmgaitg,s Sake.-A soldier who
is discharged upon the request OF friends, to
enable him TO care for sick parent, Is held 10
be discharged for purposes of humanity, and
not as personal favor, aud. accordingly, is not
deprived by such discharge of additions"
bounty under the act Of July p, 1866, il other
wise entitled.
Discharge for Promotion IS Not Jy Hay Of Fdr0r.
Promotions are presumed to be made for the
good Of the service, and not by way of favor ;
consequently soldiers who were discharged for
promotion are entitled, / their enlisted service
is sufficient, to bounty under the act of July
IS, 1866.
Disability Prior to Enlistment Does Not Preclude
from BoHy.-The rule established by Sccre-
tary Stanton that soldier discharged for a
disability existing prior to enlistment, not
withstauaing his service has exceeded two
years. IS debarred from bounty under the act
of July .. 1866, is reversed because it has not
authority of law. and works an essential in
justice.
serfics Under sereraI Enlistmeuts Counted
General Orders l9I, of 1868, prescribing nine
months previous service as the condition of the
right 20 veteran muster, is now so construed
that the condition IS deemed fulfilled by nine
months service in the army as an enlisted
man, or as an officer, at any time whether be-
fore or after the beginning of the war of the
rebellion, and whether the service was contin-
uous or was under several enlistnents.
Soldiers Mustered ont IN the Fjeld.-Soldiers
who were mustered out in the field are entitled
to pay and allowances after such muster-out
as long as they were held together under dis
cipIine and in the absence CT direct evidence
together, until date Of payment, If the muster
out was in the enemy's country, and the pay
ment was made TO them all at the same time.
Consideration for lHoUaded Soldiers Discharged
from pitals.-Sodiers in hospital at the time
OF the mnster-0ut Of their companies are con-
sidered generally 10 have ceased to be soldiers
at the date of such muster-0ut But if sol
der Suffering from wound is discharged from
hospital after the muster out of the company,
- -, aFA
8 1865. anG 10 bounty under it, as for one dis
charged for wound, If this is more advan-
tageous to him than TO be treated as mustered
out for the same cause for which the company
was mustered out.
Discharge for Hounds Recsiced IN Line Of Duty.
The act OF March >, 1853, provided that any
soldier discharged by reason Of wounds received
in the line Of duty should be entitled to re-
ceive the same bounty as if he had served out
his fall term The word wound as used
in this statute had long been construed to in
Guide injuries of various kinds, such as those
resulting from a stroke of lightning or the loss
of the use of member from freezing, although
there was no apparent abrasion or laceration OF
I tissues.
Discharge for SaHstr0ke-D Doubtful Casesin Fauoi
0fthe S0Ldie.-In the case of soldier discharged
/ by reason of sunstroke, il was held that such
! disability resulted from 4 wound, within the
meaning Of the act, on the ground that no dis.
/ tinctiOn should be made between the result Of
I the immediate action Of the rays of the sun
and the effect of exposure to artificial heat, in
: which case resulting congestion or inhamma.
/ ton would be claimed as a wound and on
/ the further ground that as Congress had made
an apparently arbitrary distinction between
/ discharge for disease and discharge for wounds
doubtful or border cases should be resolved
/ IN faver Of the soldier"
/ Extra Pay for Services an MeEicaa TFar-Tht
/ right 10 the three months extra pay proper
/ provided by the acts Of July IS, 1913, and Feb
! 10, 1873, for service in the Mexican war is ex
tended 10 all enlisted men aud officers whc
I were honorabiy discharged after serving in tina
/ war Notwithstanding the discharge was befor,
the close Of the war, and not for disabilit,
/ incurred IN the service.
Extra Pay 10 Soldiers en- route for HericO-SoI
diers who were on the high seas en- route 70
I Mexico at the date Of the close of the Mexican
/ war, May So 1913, are deemed to have beer
engaged in prosecuting the war with Mexico
Within the meaning of the act July 10, 1S4S, s
as to be entitled to the three months extra pa,
proper provided for by that act, notwithstaud
ing the fact that they did not reach Mexican
waters until after The ratification of the treat,
Of peace
Ia Fag5r Of C0oFe9 Recruits.-Sums not ex
ceediug SO paid TO colored recruits in Virgini
and the Department Of the South by Gen.
Butler aud Gilmore under orders Of the Wa
Department OF Nov. - and Dee. %, 1868 ar