Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1890-11-26
INTERESTING PENSION DECISION.
Status of Men Who Deserted After Re-
Eulistment.

Status of Men Who Deserted After Re-
Enlistment.
WASHINGTON CRY, Nov. 90 Some days
ago Secretary Noble referred to Assistant
Secretary Bussey, for his consideration
and decision, the following eommunica
ton from Commissioner of Pensions
Rauri in regard TO claims that arise I'M
der the act of June 27 1890: aThe law re-
quires, among other things. a minimum
service of ninety days, and seems TO re-
quire also an honorable discharge there
from. Where it is shown that the soldier
served over ninety days and was honora-
bly, discharged, re-enlisted in the same or
other organization and was dishonorably
discharged, or deserted therefrom, would
be have status to apply for pension I'M
der the act of June q, ls9Or'
Gen. Bussey's Reply.
In concluding an exhaustive discussion
of the legal aspect of the case Gen. Bus
sey says 1T is evident that il the soldier,
after receiving an honorable discharge
from the original service of ninety days,
had never re-enlisted, he would occupy
pensionable status; he might become a
dependent pensioner under the act of
June 81. 1890. by reason OF his service: but
the fact that he re-enlisted put him back
into the service and rendered him nom
pensionable during his second term of en-
listment. The re-enlistment is construed
as continuation of the soldier In the
same service from which, according to the
new law, there must ultimately be an
honorable discharge as prerequisite to
pensionable dependence.
Could Obtain an Invalid Pension.
eff the soldier were a clai mant for in
valid pension under the general law, his
dishonoraple discharge, SO far from being
q bar. would not impair his claim il based
upon disability incurred in the line of
duty. But the act of June "a, 1890 is not
an act for pensioning claimants for PEN
sionable disabilities which originated in
the line of duty. 1t is an act providing
pensions for present dependence, without
reference TO causes due to the service; and
a final and honorable discharge Is in such
cases an essential matter of proof
The Discharge Must Be Honorable.
IAN honorable discharge from the serv-
ice under the soldiers first enlistment
did not. nor could it, alone establish his
title to pension on account of that enlist
ment; and it would be absurd to hold that
the dshonorable discharge from the sec
ond enlistment was cured or neutralizsd
by the honorable discharge from the first.
A soldier cannot be pensioned at all, I'M
der any statute, without . fipsI dis.
charge from the ssrtioe, and the act of
: : 9Eee "a. 1890, requires that such final dis
charge shall be an honorable one, as a con-
dition of pension under its provisions.
A Deserter Never Discharged.
'In the case of desertion, 1t is held now,
that deserter is not discharged but is,
constructively, in the service; and. shere-
fore, in order that soldier, charged with
desertion, whether guilty or not. may &C.
qnire pensionable status under this or
any other act. it is necessary that he pro-
cure an expurgation OF the charge from
the records Of the war department and,
thereupOn, an honorable discharge from
the service, or that he shall have returned
to the service subsequent to the record of
his desertion and been thereafter honora.
bly, discharged