The National tribune., 1897-11-11
PENSION POINTERS.
Inquiries Answered and Sug-
gestions Made,

TAN communications for this column shonl'
be ACCOMPANIED by the true name and correc
address Of the inquirer. The reply. however
will bc marked as may tie desired NO dtteHno'
srfU be gtuGH 10 anonymous Enquiries. III no re
ply is printed within three weeks, write again.
J. g., and Otkers-There is no Federal law
protecting property purchased with pension
money. If any property SO purchased is in
controversy, consult the laws of your respective
States Section 4747. Revised Statutes, pro-
vides that mo sum of money due, or to be-
come due. 10 any pensloner shall be Ilabie 20
attachment levy, or seizure by or under any
legal or equitable process whatever whether
the same remains with the Pension Office. or
any officer or agent thereof, or is in course
of transmission TO the pensloner entitled
thereto. but shall enure wholly 10 The benefit
Of such pen.ioner." Section AIS. Revised
Statutes land act OF March 2, 1888 provides
that the accrued pension due an applicant for
invalid or survivors service pension, or an III
valid peBsioner or survivor service rsnsioner,
or an applicant for widows pension, or widow
pensoner who dies, "shsll not be considered q
part of the assets of the estate of such deceased
person. nor be liable for the payment of the
debts of said estate in any case whatsoever"
These are the only exemptions of pension
money under Federal statutes. All contro-
versiss arising otherwise relative TO pension
Federal law.
L.CB, Schenerus. " Y-Invalid pensioners
drawing the maximum rate of SO under the
bet of June q, 1890. cannot obtain an increase
above that amount unless by disability of
proven service origin. they are disabled in
degree which in the view of the Pension Ba-
feau entities them TO rate in excess OF Sl2.
J. NJ AUeghaRy County. NY.-lf the soldier
died of disability incurred in the service since
March 4 1861, the widow would be entitled 10
pension from the date of his death, continuing
while she remains unmarried. III she were
married TO the soldier before March -. 1856,
the rate of pension would be Sl2 per month,
with 81 additional per month for each child OF
abe .odisr under 10.
M g. Fulton n UT is held that all
pensions granted under the act of june %,
1890. may be made to commence only from
the date of the filing of application therefor.
and that children are not entitled under the
act unless they file application before becom-
Ing Is.
OK g., Grand Rapids, Mich.-It is believed
lhat all decisions or rulings relative to the
sensionable status of State militia, whether
rs TO the general law or the act of June q,
1890 are applicable to all other State militia
In service under similar circumstances. Under
present holdings the test is, Was the oreanlZa-
tiOn ia service in pursuance of a call OF the
President? 1t is not material that the organi-
cation was not actually mustered into the
u. S. service.
H. A. T.. ToUanda Pd.-The fact that per-
son is drawing pension under the act OF juno
e. 1890 does not debar him from filing and |
prosecuting a claim under the general law. If |
the disabilities for which he lie pensioned |
under the act OF 1890 are all proven 10 be of |
service origin, his rate of pension allowable |
under the general law should be as large or |
larger than the rate allowed him under the act |
Of 1890
w. J., Rosedale ~ CA delay of some |
weeks in payment of claim for bounty or |
back pay. after the duplicate receipts have been |
returned duly signed to the Auditor for the /
War Department, is not unusual. The check /
will be sent in due course of business without /
unnecessary delay.
J. b. H., Lebanon, Ho.-The present Admins |
tration has not as yet passed upon the act OF |
March g. 1896 which indicated that "tbe APP |
plication from which invalid pension granted |
under the act of june q, 1890 shall be made |
to commence, is the " first application" and /
not some subsequent application " filed to re- |
open and secure the further consideration OF |
the claim after rejection. 1T is not known /
how soon decision will be rendered. An APP |
peal TO the Secretary of the Interior is not |
proper until the Commissioner of Pensions has |
taken adverse action on pension claim. Mere /
delay OF action is not ground for appeal.
=. X Y. B., Coles5Urg, I0i0a-ks a rHie, when |
Invalid pension is granted under the act of |
June q, 1890. upon a second or third appiiea-
ton, the pension is made to commence from
the date of filing of the last application. Il is /
TO be greatly regretted thai the practice of the /
Pension Bureau in this regard remains un-
changed, and only in exceptional cases is the
pension made 10 commence from the filing Of
the first application.
f. f.. Kalispeu Hont-It is still held that
pension is not allowable under the act Of June
q. 1890 TO any person who. under any cir
cnmstauces, entered the Confederate military
or naval service. 1t is understood, however
that this matter, with other pension matters of |
importance. is under consideration by Secre-
tsry Bliss. Of the Interior Department aud IL |
is beileved that IN the course of time decision /
will be rendered restoring the holding OF the |
Harrison Administration, under which this
class Of claims YVES admissible. Secretary Bliss /
appears to favor conservative" policy in /
view Of the continued deficit in the Treasury |
receipts.
j. r. O., Berrytown, Pa.-For information
relative 10 the laws of Pennsylvania consult
some person in your locality familiar with
them.
j. b. r., LhtletOn, He.-The requesting of in
valid pensioners and invalid pension claimants
that they Furnish the Pension Bureau With iu-
formation relative TO wife's name. maiden
name, date Of marriage" etc. is in accordance
with the general practice Of the Bureau 1t is |
intended to place the Bureau in possession of |
information which will lead 10 the detection
Of fraudulent heirs claims if hereafter pre-.
scented.
j. D. g.. ClerelG.d-Under instructions Of
Assistant Secretary Davis, Of the Interior De- |
paTimcnt, to the Commissioner OF Pensions. |
dated July 25 1897, if on medical examina. |
ton had IN claim for pension under the act of |
June y, 1890 disability not alleged in the |
application is fousd, the claimant is required |
70 aliege the same in due form aud if the dis |
ability is shown TO have existed at the time of !
fling of the original application, it will be re-
garGed as though alleged in the said appliea- |
ton The act Of March 6. 1896, provides that /
whenever claim for pension under the act |
of June p. 1890, has been. or shall here |
after be, rejected, suspended. or dismissed and /
new application shall have been. or shall /
hereafter be. Gled, and pension has been. or |
shall hereafter be, allowed in such claim such |
pension shall date from the time OF filing the |
Frat application, provided the evidence in the |
case shall show pensionable disability to have |
existed, or 10 exist at the time of filing such |
fret application, anything in any law or ruling /
OF tie Department TO the contrary notwith-
standing" This law continues to be SO admin.
istered as 10 defeat its evident purpose.
f. ", Cdtifon, y. J-By the statement that
the Pension Bnresu no longer ack no Wedges
the filing Of applications for increase of /
pension on account Of pensioned disability is
meant that the receipt of such application is
no longer acknowledged they being sirnply
placed ca file without any notice being sent the
claimants that such action has been taken
d. D., Vest Branch Mich-It would seem