The National tribune. [volume] (Washington, D.C.) 1877-1917, 1890-07-17
DEPARTMENT OF THE INTERIOR.
WAsHISGToS. July 3. 1880.
TIC Conln'issioner Of Pensions.

The Commissioner Of Pensions.
SIR: The communication OF Mr.. -, at
torney, dated July !, 1890, aud addressed TO the
Secretary of tho Interior, and herewith forwarded
To you, was referred TO for consideration and
reply. Mr.. - asks for construction OF the
Act approved June n $780, and states the point of
his inquiry as follows:
"on June 90, 1890 / fled In tho Pension Bureau
number OF declarations for pension under the Act
OF Congress approved June q. 1890. which the
Honorable Commissioner OF Pensions declines 10
receive Ola the ground that they are not good be-
cause they creeuted prior to the 9Th Of June
1890 the date Of the approval of the Act"
Accepting this statement OF facts correct, the
Department respectfully overrules your adverse
action, TO the matter OF complaint, for the rea-
which follow:
l. The Act of June n, 1890 contains no provision
nor requirement. respecting the execution Of dec
larntion for pension The execution OF such deca-
ration ordinarily means the preparation of paper
setting forth the grounds, or disabilities, upon
which claim Is based and subscription TO the
shine by 0dHt, ia duo form, part OF the claimant.
The Act contains no Limitation to the date Rt
which said declaration shall be thus erecuted The
only limitation applicable to claims for pension
based upon the causes cited Ia this Act relates TO
the date of commencement Of the pension itself said
limitation being that such pension shall commence
from the date of the filing OF the application in the
Pension Otlce, after the passage OF this Act upon
proof that the disability then existed, ard shall
continue during he cristence Of the same" II thus
appears thnt the crecuioa OF the declaration of
the application, by writing and by swearing to the
same, Is distinct act from the Hing Of the app-
cation In the Pension Office" or NJ any rate. the
two acts are not required To be simultaneous with
each other. The mere execution of the declaration
may ia fact have preceded the actual passage OF tine
Act an Indefinite period. without affecting the legal
merits OF the claim itself; but the claim cannot be
considered by the Commissioner nor shall the pen
sion commence earlier than the date of the fling Of
tho Application ia the Pension Office AFTER the pas
sage OF this act upon proof that tho disability then
existed The power OF the Commissioner Ia the
matter Is, therefore, confined to the asccrtain-
ment Of the facts, viz: First that .hc application
Tor pension WAS fled after the passage of the
aud, second, that the allegations which IL contains
are established by competent evidence under the
law.
2. The foregoing view Is strengthened, con-
clusivciy. by that provision la Section OF this Act,
which says that
Persons who are not receiving pensions under
existing laws or whose claims are pending in the
Pension Office. may, by application To the Com
missioner OF Pensions Ia such form ns he may pre-
scribe showing themselves entitled thereto receive
the benefits OF this Act aud nothing herein con-
tanned shall be go construed as TO prevent any pen
sioucr hereunder from prosecuting his claim and
receiving his pension under any other general or
| special Aet P'orided. houeUer. that no person
shall receive more than one pension for the same
| period"
1t is apparent from this provision that claimant
| may, after the passage Of this Act" approved
| June q, 1880, apply for and receive the benefits
thereof In pursuance of declaration erCcHied, for
instance, one year ago aud upon which his claim
| Tor pension may have been meantime pending iu
the Pension Office" based the old declaration
| but the pension that may be allowed la such In
| stnnce cannot commence earlier than the date OF
ding the application therefor after the passage
OF this Act, upon proof that the disability then
| listed" The practice thus indicated rs legitimate
under this Act demonstrates the fact that the allow
ance or the commencement Of pension is not to be
affected by the daIc Of executing the declaration
| application by writing and swearing. but only by
the date OF the filing of said declaration or nppca-
| ton, after Me passage of the Act
Governed by the foregoing views, respectfully
hold that the Act of June ~ 1890 does not require
that AN application or declaration be executed after
June q, 1890 Qhe date of the Act, in order TO be
| good in law. The Statutory limitation relates ex-
GiuslVely To the date Of tiing the application or
declaration In the Pension Oilice after the passage
| OF the Act. Respectfully,
tSgned) CYRUS BussEY
Assistant Secretary.