The National tribune. [volume] (Washington, D.C.) 1877-1917, 1897-12-30
PENSION DECISIONS.
Cases of Interest Disposed of
by MIR. Davis.

In everything motion for reconsideration
in the claim for minors pension under act
OF June y, 1890, filed by Georgia A. Davis
for child OF the late John Davis, Co G. I'D
| L. ,. {. Inf, the decision notes that recon-
sideration is desired to set aside the affirma-
ton Of rejection made on the ground that
deceased soldier had left widow surviving
to whom he had been married subsequent
to the passage OF the act OF June u, 1890.
The former decision was based on the
ruling OF the Department on the appeal in
the claim of the minor child OF Lafayette
e.. Howard decided June 30, 1896, wherein
it was held that the minor children of a
deceased soldier have no title to pension IN
their own right under the provisions of the
third section of the act of June 81 1890,
while the widow Of such soldier is living
and not remarked, and has not forfeited her
pensionable rights under the provisions of
the general law, notwithstanding such
widow married the soldier subsequent to
the passage OF sad act.
g" have again reviewed the foregoing
ruling in the Howard ease, and after very
careful consideration am convinced that
the rule therein announced is in conformity
not only with the letter OF the law, but also
with the spirit and intent of the act of June
u, 1890 and the only safe and sound one
that can be followed in the adjudication
OF claims Of this character. 4 departure
therefore, would lead to much uncertainty,
confusion, and the nnsettlement OF many
adjudicated cases and well settled rights,
and result, in many instances, in great
apparent hardships and injustice, and such
q step should not be taken without it were
clearly apparent that said ruling was con-
trary to and not warranted by law, or that
some gross wrong or injustice could be
remedied by changing or abrogating it..
In the case of Lucy Hunt Lee, as de
pendent sister of Samuel Hunt, late OF Co.
+, 18th L. S. (Co.orcoD Int, the contention
was that the limitation as to the date of
fling Il claim fer pension should not be
held to run against a minor.
In deciding the C 3se last week, ASS istant
Secretary Davis says that the grant in
Sc ion 1907 uron which this claim rests is
made to Orphan brothers and sisters under
IL wears Of age, subject to the other CON
d ions therein. In general sense these
ia3,hers and sisters are children, but they
are not granted pension in that relation.
They derive pension through the soldier,
and not as children of any one, but as his
CrEhan brothers and sisters, and it is in
the latter relation only that the law gives
them right to pension.
None but the children of the soldier
himself are pensioned as children In
every instance where the clause children
under IL years OF age is used in the pen
sion laws the reference is uniformerly (Saye
in the act OF March 2, 1899 to the children
OF the soldier, and to no others. 1t would
seem that the claims Of soldiers orphan
brothers and sisters are within the reason
OF the law which excerpts those filed by or
in behalf Of Il soldiers own children from
the limitation Of the second section of the
act Of March 3, 1879; but likewise, it may
he urged, are the claims of children and
insane persons under the act of June 81,
1880, as to the limitation therein concerning
the commencement Of pension. But Con
grcSs has not seen fit TO act upon this rea-
son and remove the limitations in any
claims except those specified in said sec
Ond section. This Department can only
execute the law as it is, and according to
its intent as gathered from the language OF
the law itself. The claims of orphan
brothers and sisters are not believed to be
included within the exception above indi-
Gated The claim is therefore rejected"
Commissioner Evans this week issued
the following order: :" Hereafter claims for
increase of pension will not he considered
within II months from the last action
allowance or rejection"
This order was proposed sometime ago,
and the Commissioner declares his belief
that 1T is absolutely necessary for the
prompt prosecution of the work of the Blu
reau, especially on other claims that are
pending, and on which there has been no
action. The calls for status of eases, too
ii is declared, materially delays the work.