The National tribune., 1897-12-02

,riR he Oirell 10 anonymous inquiries IL no re.
ply is printed within three weeks. write again.
O. w. A. Carthage v T.--The cases OF those
pensioners under the act of June %, 1880 who
were reduced by the last Administration are
being considered on application. In decision
rendered Aug. %. 1896. il was held that pen
sion having been rednced without a
medical examination being held for more than
three years. il is held hat the action was error,
and the claim should be reopened aud pen
sioner he allowed the benefit of another medi-
cal examination" The decision was practi-
caliy affirmed by Assistant Secretary Davis III
a decision rendered June 81 1897.
H. 4. PIT is believed that under the Next
can war service pension act of Jan. %, 1857,
widows who have remarked Siace the date OF
the act are still entitled 10 their pension. The
terms of the provisn Of The act are: "P,0rided.
That such widows hare aOt remarked The
strict construction of this clause bars only
those Mexican war widows who remarked pre-
yious TO the date OF the art.
EP H.. Washington. d. C.-Ths pension ap-
preparation act of March ,, 1895. provides that
from and after the passage of this act all pom
sioners now on the rolls who arc peusOned at
less than Sc per month for any degree of pen
sonable disability shall have their pensions
increased 10 So per month and that hereafter.
whenever any applicant for pension would
under existing rates be entitled 10 less than So
for any single disability. or several combined
disabilities. such pensioner shall be rated at
not less than Sc per month: Pr9rided also,
That the provisions hereof shall not be held
10 cover any pensionable period prior to the
passage of this act, nor authorize reratlng
of any claims for any part of such period, nor
prevent the allowance of lower rates than So
per month, according to the existing practice
in the Pension Office in pending cases covering
IL. ,Df
this act"
J. M. s., Bl0ominqddlt, Iad.-When rejected
pension case has been appealed to the Secre
tary of the interior and the rejection sns
tanned, the case cannot be reopened by the
Pension Bureau without being Submitted TO the
Secretary. All evidence fled to reopen a re-
iected case goes TO the Pension Bureau and is
there first considered. There are some pension
cases being allowed that carry large arrears.
In a claim for reratin. pension all evidence
Oh file In the case showing the degree of diss-
bilify would naturally be considered. No
action has been taken on the Picker bill !"
by the present Congress. The following is n
proviso of the pension appropriation act of
= Garch g. 1885: !" PrOUided That all applicants
for pensions shall be presumed TO have had
no disability at the time of enlistment; but
such presumption may be rebutted." This is
IS much as has been proposed by any bill
since considered in Congress
W. T. r.. RGrtSriile Iad.-Tbe following is the
act OF March 3, 1s77, q. amended by the act of
Aug. ], 1892: THAT the law prohibiting the
payment of any money on account of pensions
10 any person, or TO the widow, children, or
heirs of any deceased person who, in any man.
ner. engaged in or aided or allotted the late
rebellion against the authority OF the United
States. shall not be construed TO apply TO such
person. afterward voluntarily enlisted in
either the Navy or Army of the United States,
and who, while n such service. Incurred dsa-
bility from wound or injury received or dis
ease contracted in the line of duty"
NelC Observation-Disclosures a soldiers widow
is entitled to draw pension as such is dependent
entirely upon the pension laws of the United
States. If the soldiers death cannot be shown
10 be due to his service, his widow would not
he entitled 10 any pension if married TO him
since june GO 1890. A correction of rate would
be the correction of clerical error in the
rating; a rsratihg would be based upon
reconsideration of the evidence aud the law.
j. ". T.. Jacksonville, Iitd-There is no law
that specifically requires pensioner to exhibit
his pension certificate on executing his voucher;
but the regulations requiring this are based
upon the authority Of the act of July 6, 1890.
tSeetion 4765. Revised Statutes in which oc.
ours the following: Upon the receipt of such
voucher. properly executed, and the identity
Of the rensioner being established and proved
Interior. the agent for the payment of pensions
shall Immediately draw his check etc.
EGptet0n. Raa.-Under the general pension
law the rating for the amputation of an arm
above the middle point between tho shoulder
and elbow is S45 per month. If the disable
nent from causes of proven service origin be
such in any case as to require the frequent and
periodical. though not regular and constant aid
and attendance of another person, a rating of
$50 can be obtained under the act of July Ia
1892, which is as follows: Be it enacted, etc.
That soldiers and sailors who are shown 10 be
totally incapacitsted for performing manual
labor by reason Of IL juries received or disease
contracted in the service of the United States
and in line Of duty, and who are thereby dis
abled 10 such a degree as 10 require frequent
and periodical, though not regular and con-
etant, personal aid and attendance Of another
person, shall be entitled 90 receive q pension
Of $50 per month from and after the date of the
certificate OF the Examining Surgeon or Board
OF Examining Surgeons showing such degree of
disability and made SD bsequent to the passage
Of tbis act" Under the act of June % 1890
ali persons who served 80 DAYS or more in the
military or naval service of the Unitad States
during the late war of the rebellion and
who have been hOnorably discharged there
from, and who are now or who may hereafter
be suffering from q mental or physical dis
ability Of a permanent character, not the re-
snit Oh tner Own Vicious haDltS, WHICH lil-
capacitates them from the performance of
manual labor ia such degree as 10 render
them unable TO earn a support. SHALL upon
making Que proof OF the fact according to such
rules and regulations as the Secretary OF the
Interior may provide, be placed upon the list
az Invalid pensioners of the United States aud
be entitled TO receive pension not exceeding
$i2 per month, and not less than S. per month
pToporiioaed 10 The degree of inability to earn
support; ard such pension shall commence
from tho date of the fling OF the application
in tie Pension Office after The passage Of thi.
act, upon proof that the disability then existed
and shall continue during the existence of thu
same"
~. S.-when a widow would not be entitled
to draw pension by reason Of her living i,
"open and notorious adulterous cohabitation
in violation OF the act Of Aug. z, 1892, applica
ton for pension may be made by or on behal
of the child of the soldier SIS though the widow
were dead. The fact. in the ease should b
duly set forth aud shown in evidence.
W. H. l., D0rer " When pensio,
claimant under The act OF june % 1890 la
been rejected aud he flies q ucw application
under the act his claim Should properly still
bear the number given him the filing OF hi
former application. Calls for evidence or state
ments from claimants after medical examins
lion generally indicate that pensiOnable de
gree Of disability is conceded.
y. X L., Soldiers H0me.-The widow of
soldier who was on the retired list of the arm,
at the time OF his death stands on the sam,
footing as to pension title as though the s0ldie
had never been on the retired list If hi
death is shown 10 have been due TO the service
She Is entitled under the general pension law