Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-03-02
COMMON SENSE RULING.
Assistant Secretary Reynolds Decides
an Interesting Pension Case.


Assistant Secretary Reynolds has re-
Gently decided a case which will render
pensionable a meritorious class of claim
ants, under the act of June %. 1890. who
were excluded under the previous decisions
of the department.
The case is that of Mary E., widow of
Samuel II. Walker. whose husband had
served term of over ninety days and becn
honorably discharged. He again entered
the service and was commissioned, ard
while serving his second term of service,
was killed not in the line of duty. His
claim was rejected by the pension bureau,
in conformity with the departmental ue-
cisions that a soldier not having been homer
ably discharged from his second term Of
service his widow was not entitled To a
pension, Notwithstanding the fact that he
mad served ninety days more, and ma
been honorably discharged therefrom aid
had died.
Assistant Secretary Reynolds, after re-
ferring to the decisions on this subject,
which hold that the term ''honorably dis
charged therefrom" referred to all Of
soldiers service in the war of the rebellio on,
and from each and every term of enlist
ment and that the necessary conditions
under all circumstances were that as eacn
and every term expired ii must be followed
by an honorable discharge, and that death
in second or subsequent service was hot
honorable discharge proceeds to say:
While the rules laid down in the cases
cited, if strictly adhered to, would con-
strain us to confirm the action of the late
commissioner of pensions in rejecting this
claim, yet the case here presented is one
coming within the spirit and letter of the
law, and fulfilling all the requirements
thereof for the allowance of a widov's
pension under the third section of the act
so far as relates to service and dscharCe
To reject this claim because nf Haa in, a
second term of service would be doing
violence to the plain intent of the law,
for death was a final termination of his
service, and it cannot be said that il is
equivalent to a dishonorable discharge.
Even though the words honorable DIS
charge be interpreted in their broadcast
sense, and held to mean an honorable Cis-
charge from each and every term of service
yet death in the second term of service
should be considered as equivalent to an
honorable discharge, unless occurring under
circumstances which would have warran te I
a dishonorable one. To hold otherwise is
to defeat a meritorious class of claimants
who bring themselves within the plain
letter and spirit of the act by proving every
essential requirement of the law. | am Of
the opinion that when a soldier has served
term of enlistment of ninety days or more
and been honorably discharged therefrom.
re-enlists and dies during his subsequent
term-which death is not the result Of a
violation of any law, rule or regulation of
the military or naval service-the require
ments of the act of June %. 1890, as to
length of service and honorable discharge
are fulfilled. and his widow is entitled 10 n
pension compliance with the other
conditions of the act The action Of the
pension bureau of June %. 1891. rejecting
this widows claim is hereby reversed. and
you will proceed to adiudicate this ana all
similar cases in accordance with the rule
as herein indicated"