The National tribune., 1895-04-25
CLAIMS REoPENED.
Adverse Decision ofEthe Commissioners
Pensions yOverruled.

Adverse Decision oEsthe Commissioners OF
Pensions SOverruled.
A decision of much importance to children
claiming under the general law has been rom
dered by Assistant Secretary John M. Reynolds
whereby the action of the Commissioner OF
Pensions is overruled. and the practice prevail
ing prior to such adverse decision of the Com
missioner is resumed This will operate to
reopen a great number of claims for minors
pension under the general law that have been
rejected during the past Is months upon the
ground that the children claimed for were over
the age of16 years at date of filing the appiica-
tion fer pension. This decision has no bearing
upon claims filed under the act OF June "a.
1890. The case on which the decision is made
is that of the children of Thomas w. Baugher
Co. A, 29th ILL.,, (No. 510,273); viz, Samuei
Baugher. born Oct. s, 1868; Alice Blair. Oct. 2,
1865, and Mary Mitchell, May 5, 1868. Adecla-
ration was filed April 81, 1891. The soldier
died Jan. %, 1869, and the mother REMARKED
Sept. 26 1862
The claim was rejected Jan. s, 1894, on the
ground that claimants had no title at dste OF
filing their application, being all at that date
over the age of Is years. From this rejection
an appeal was taken Jan. %, 1894.
Section 4702, r. s., as amended by the act OF
Aug. z, 1882, under which this claim IS made,
piosiucc III suoStauCe, tHdt WHeEo shO oSiuiOA
death is directly due to his service title to PEN
sion shall devolve upon the widow or minors,
hrst, II there be no widow; second, in case OF
her subsequent death without payment to her
of any part Of the pension, and third, from the
date of remarriage of the widow. The right of
the minor child becomes absolute upon the
death of the father leaving no widow, but if he
leaves widow this right is held in aseyance
to await the contingencies of the widows death
or remarrisge, and upon the happening OF
either their title accrues and the date of cem-
Dencsment relates to the period fixed by the
statute.
There was no exception from limitation in
favor of minors claims prior to July q, 1868.
But under the act of March 3. 1873, as re-cn-
acted in Section 4799, X. s., and finally as en-
acted in Section 9, act of March g. 1879 claims
by or in behalf of insane persons and children
under the age of 16 years were excepted from
any limitation upon the date OF their COM
mencement and such claims stood, under the
act of 1879, which repealed all prior laws rela-
tive to date of commencement as though the
proviso therein had not been enacted.
The Interpretation which the Department.
now gives to this statute not only enter
tanned by those who were first called upon to
execute the law, and who were probably con-
cerned in framing it, but through an almost
unbroken practice for 10 years or more such
claims had been admitted. 1t is therefore held
III tne ilSht Oh thlS CONSTRUCTION anu piactes'
coupled with what reasonably appears to have
been the intent In the enactment of the statute
in question
]. That the clause "children under 16 years
of age" is descriptive of class Of claims the
right to which has accrued by reason OF the
claimant being under 16 years of age at the
death of the father from causes originating in
the service and line of duty, and such claims
are excepted from the Limitation contained in
the proviso to the act OF March 3, 1879.
2. That such claims are not forfeited by
neglect to apply therefor during the period OF
pensionable minority.