The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1895-05-10
CLAIMS RE0PENED.
Adverse Decision OF the Commissioner
OF Pensions Cgorrulod.

"A decision OF much Importance to
children claiming under the general
law has been rendered by Assistant
Secretary John NJ. Reynolds, whereby
the action of the Commissioner Of
Pensions is overuled, and the prac
tlce prevailing prior to such adverse
decision of the Commissioner is re-
sumed. This will operate to reopen
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 Of 10 years at date of filing the
application for pension. This deci-
sion has no bearing upon claims filed
under the act Of June At, 1890. The
case on which the decision is made
is that of the children of Thomas w.
Baugher, Co. A. 2oth ILL.,, (No $780,
275); viz, Samuel Baugher, born
Oct. S, 1868; Alice Blair, Oct. 7,
1865, and Mary Mitchell, May S,
1868. A declaration was filed April
81, ISor. The soldier died Jan "a,
1869, and the mother remarked Sept
26, 1869.
The claim was rejected Jan. s,
1894 on the ground that claimants
had no title at date of filing their ap
plication, being all at that date over
the age Of r6 years. From this rejec
tion an appeal was taken Jan. a3 1904.
Section ATOP, R. S., as amended
by the act of Aug. I, 1882, under
which this claim is made, provides, in
substance, that where the soldiers
death is directly due to his service
title to pension shall devolve upon
the widow or minors, first. if 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 a widow this right is
h eld in abeyance to await the contin.
gencies of the widows death or re-
marriage, and upon the happening of
either their title accrues and the date
of commencement relates 10 the per
iod fixed by the statute.
There was no exception from limi-
tatiOn in favor of minors claims prior
TO July 81, 1868 But under the act
of March 8, 1873, as re-enacted in
Section 47o9, r. S., and finally as
enacted in Section 2, act Of March 3,
1879, claims by or in behalf of insane
persons and children under the age of
I6 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 relative to date of com
mencement, as though the proviso
therein had not been enacted.
The Interpretation which the De
partment now gives to this statute
was not entertained by those who
were first called upon to execute the
law, and who were probably concern
ed in framing 1t, but though an almost
unbroken practice for IS years or
more such claims had been admitted.
1t is therefore held in the light of this
construction and practice, coupled
with what reasonably appears to have
been the intent in the enactment OF
the statute in question:
1. That the clause "chldren
under 10 years years of age" is de-
scrptive of class of claims the right
to which has accrued by reason OF the
claimant being under 10 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 for
feited by neglect to apply therefor
during the period of pensionable
minority Washington Tribune.
SERTM FOR CANCERS.