The National tribune. [volume] (Washington, D.C.) 1877-1917, 1895-02-21
OUR CORRESPONDENTS.

| Correspondents should write each question
. separate sheet of paper, give full name and adj
| dress and marSit "Corrcspondents' Column" TO
atten ton will be paid to Communications not &C.
companied with name and address OF writer. 1t Is
| requested that a stamp be inclosed for reply by
| letter. Postal cards will be replied to- by mail
| only. Replies by mail viii ordinarily be made
within a week. and If In this column within three
| weeks.l
| o. A. W., Lapeer, Mich.-A pensioner on Dec.
4, 1894, signed his voucher, but did not live TO
| sign his pension check. Can his administra-
| tor sign the check as administrator. and apply
| the proceeds to the settlement Of the expenses
of the last illness? AHSuer. Unless the check
was actually mailed prior to the death of the
| pensioner, 10 does not constitute payment
| within the intendment of the statute, and il
not payment then the administrator would
| have no status. IF a widow survived she
could. upon due application and proof collect
the check after the proper officials Of the Treas
ury Department had Endorsed thereon an
authorization directing that said check be paid
| upon her Endorsement; such an authorization
| would not be placed on a check until the Off
Gals of the Treasury were in possession OF salts
| factory evidence that the woman was the legal
| widow Of the pensonor. In case Of there be-
| ing no widow aud minor children, and
in case the check was mailed prior to the
death of the pensioner, then the administrator,
upon a proper showing Of the facts could
| secure from the Treasury officials an indorse-
| il. We do not believe that any bank would
cash the check in the absence Of such an e1-
press authorization appearing on the check
| itself
j. W. H., Albert Lea, Minn.-Can a man find
out who reports himp AHSWsr. No, we think
not, unless the informer makes affidavit
that is relied upon as evidence tending TO show
that the claimant is not entitled. The only
law on the subject is the act of Dec. 81 1893, and
that simply provides that where pension has
actually been granted, and it is proposed TO with
hold, suspend. or reduce it, that the pensioner
shall have u 30-days' notice. and such notice to
grantee must contain full and true statement
Of any charges or allegations upon which such
decision granting such pension shall be sought
to be in any manner disturbed or modified"
mere letter from an infOrmer, while it might
DO the basis of an inquiry, would not OF itself
be enough to defeat claim. We think il would
be held to be not such n charge or allegation as
is contemplated. Should, however the informer
or any other person make deposition an
affidavit upon which il was proposed to take
adverse action with respect to the claim, then
the claimant would be given a chance to cross
examine the witness and to introduce testi-
mony in rebuttal. Wedo not understand that,
otherwise. it Is the practice of the Pension Bu-
rean to furnish the name of the informer.
c. f. s., ada, OIL saw recently in THE Ma
TIoNAL TRIBUNE, under the head of pension
Decisions" that where attorney completes
the evidence to establish a pension case, his
fee is earned and that if he (the attorney
dies before the claim is allowed the fee vests
in his personal representative. Now. this is
right; but if the claimant dies after the claim
is allowed, but before payment is made who
will pay the attorney? He has undoubtedly
earned his fee, having completed the evidence
to establish it. AHs,ger. The attorney fee can
not be paid, unless the pension is paid IT.
therefore, by death, without leaving represent
atives entitled to pension, the claim abates
then the attorneys rights with respect to fee
are Invested by operation Of law. There is not
much equity in this but it is the law.
Mrs c. j. B., Florida, O.-Please inform me as
to the law pertaining to accrued pensions, and
as to widows pension, and how much can an
attorney charge for collecting it? Ansrer. The
law provides that the accrued pension shall be
paid to the widow upon due proof of the requi-
site facts. Fees for services in pension claims
are provided by law. and can be lawfully &C.
copied only from the u. S. Pension Agent who
pays the pensioner. Said agent will pay to the
attorney that fee which tho Commissioner of
Pensions directs him to pay in that particular
case, and the acceptance Of any fee other than
this, or in any manner other than from the u.
s. Pension Agent, will be in violation of law,
aud will subject the offender to criminal prose-
cution.
ID. Dr., BlairsriHe Pa.--If a soldier who is
. pensioner. dies leaving no widow, but leaves
q crippled son who is unable to look after him.
self. cannot that son be pensoned, even if over
the age of 16 years when his father dies? An
suer. No.
j. r. b.. Middleto,cn, Pd.-Please state the
law giving $72 month, and inform me of the
degree Of disability for manual labor required
to entitle one to that ratio, and the amount of
personal attendance required. Anaucr There
must be total incapacity for the performance
of any manual labor. and in the language Of
the act of June II, 1878, "such total and per-
manent disability as TO cause utter helplessness
or so nearly such as to require regular personal
aid and attendance of another person." while |
the language of the act of July IA, 1892, is |
regular and constant personal aid and attend |
ance of another person." 1t is believed that,
under present rulings, the S72 rate will not be |
allowed unless the attendance is we'll nigh con.
slant.
e. p. s., State Center, Iora.-Soldier disap- |
peared over seven years ago, and not the |
slightest trace of i'm as since been discovered.
Cin his wife claim rs widow and be pensoned |
upon the presumed death of her husband? |
AaSrer. While under certain circumstances |
an unheard-of absence for seven years more !
raises, at common law, the legal presumption
of death. it is our understanding that, at pres
ent, the Pension Bureau is disinclinod to adj
NIT this presumption in claim for widows |
pension. We believe that it has happened, in |
few cases. that such claim was admitted |
upon such presumption, and that aftorward |
the soldier, who was supposed dead, came to
the surface, In which event there is no way for
the Government to recover the amount of PEN
sion enormously paid to the supposed widow 1