The National tribune., 1897-12-09


srfR lie 0iren to anonymous Inquiries If no re
ply is printed within three weeks. write again.
S. b. H., Wentworth. s. D.-lf an in
valid pensioner under the act of June -
1880, has been granted pension under tn,
general law at a higher present rate, hu
at a lower rate for a past pcnSionabl,
period, and the difference between the ac
of 1880 rate and the general law rate was
deducted, he can reclaim the amount :,
deducted by filing an application for rerat
ing and reimbursement.
A. c. j., C!iar.evoix, Mich.-It is more
likely to be six months than three months
after medical examination before a pension
claim is heard from.
b. ID. s., Stevens Point, Wis.-The com
mutation of rations allowance for infantry
during the war was % cents per day; that
for clothing was S3.'0 per month.
W. +. B., Kirlwood, Mo-If invalid pen
sion granted under the act Of June u, 1880,
did not date from the filing of the first APP
plication made under the act, q claim for
rerating would be the proper method Ot
securing the pension from the date of its
commencement back to the filing of the
first application.
LII. W., River Styx, O.-See reply TO A.
c. j., above.
j. A. g., Holden, Mo.-See reply TO W. f.
B., above.
E. b. s., HYDE Park, VIA stepmother
is not pensionable on account of stepsOn.
The law has not been changed.
j. G.. b. N, San Diego, Cal.-There Is no
fixed rating for vaTicoSe veins. If so severe
as to completely disable the leg, rating of
$50 per month may be obtained
w. S. c., Otay, Cal.-The " total" rate
according to rank, of a First Lieutenant is
$17 per month: that of a Second Lieuten-
ant, SIS per month. While within these
rates, First Lieutenant would be entitled
to a little higher rating than a Second
Lieutenant for precisely equal deg &c of
disability. The question OF rank J as no
bearing in ratings Under the act of June 81,
1899. If the helpless child of 4 soldier,
now over IL, has never drawn pension, the
child is not perSiGnable unless n claim
under the general law can be established
showing the soldiers death TO be due TO his
service. The child would not be entitled
under the act of June p. 1890, because
over 16 before filing application hereunder.
The helpless condition must be shown to
have existed before the child became 16.
II. L. H., Audubon, lowa.-In the case OF
George w. Baker. Assistant Secretary Davis
ruled, under date of Oct. 2, 1857, (No. 81 of
current decisions): -. The act of March
3, 1889, increased the amount of pension
for third grade rating from S1S TO S2I per
month, and since that date there hes been no
SIS rate, and any allowance of SIS as third
grade rating or otherwise is erroneous. ?.
The basis of rating above ST. per month
(aside from total of rank) is that the dis
ability shall produce inability to perform
manual labor equivalent 10 the loss of
hand OF foot" In the conclusion of the
decision ii is stated: " If any other doctrine
has been announced in decision of this
Department, it has been by inadvertence
or error, and will be promptly corrected on
notice" This is the decision by which the
decision Of few weeks before with refer
ence To the S24 rate was ovenuled. The
ia f1ar
than as above quoted.
l.. i. p, Pelham, y. 1.-THE pension laws
are the only provision made by the Federal
Government for the maintenance CT widows
OF soldiers and sailors of the United States.
i. NJ, Croton Falls, n. Y.-The pension
laws make no special provision for invalid
brothers or sisters OF deceased soldiers. TO
be entitled TO pension as brother or sister
the claimant must have been under 16 at
the date of the soldiers death, as well as
wholly or partially dependent on him for
support. In addition, under present hold
ings, the claimant must be under 16 at the
date of filing application, unless the appli-
cation were originally filed before July /,
1850. Your attorney is the proper person to
advise you as TO the other matter referred
to- II the claim for pay has been allowed
by the Auditor for the War Department. but
not yet paid, it is probably because no
appropriation has as yet been made by Con-
gress.
T.. ii. H., Veterans Home, Cal-It does not
appear to be ascertainable Just how much
the work of the Board of Pension Appeals
is IN arrears. Evidently the Board is not
less than four months behind, and on some
classes of cases greater period.
j. Nj. o., Chapman's Quarries, Pat is
understood that a decision determining
the pension status of persons charged with
disloyalty through involuntary service in
the Confederate army has been prepared
and will presently be issued As this has
been the report for some months past there
may be some doubt as TO what if anything
will be done. Briefly, Order 225 of Com
missioner I>ochren was merely instructions
IN accordance with the decision of the De
paTtment creating difference between in
ability to earn a support by manual labor
and inability TO perform manual labor to
earn a support. Order I64 of Commissioner
Raum provided that degree of disability
which would entitle claimant for invalid
pension under the general law TO a rating
OF. say, SO, should entitle claimant for
invalid pension under the act of 1890 to the
same rating. The revocation OF Order 225
would not Affect the question as to the title of
persons dropped from the pension roll be-
cause OF alleged disloyalty
A. ii. G.-The rulings and practice with
regard 10 the pension title of persons charged
with cesertion from the service has varied
and 1T not mfTequently happens that, though
the soldier himself drew pension. his widow
Is denied pension on grounds which il
urged against the soldiers claim would
have made il impossible for him to obtain
pension.
A. ". G., Burns, Ore.-Order 229 of the
Commissioner Of Pensions. dated June 10.
1885,, has been wholly revoked. Testimony
may now be prepared in pension cases with
out restriction.
NJ 4. O., Santa Cruz, CaI.-The widow
OF soldier Is entitl ed 10 draw the accrued
pension due her husband UP to the date OF
his death upon making due proof of her
legal right thereto. Apply to the Commits
sioner Of Pensions, Washington, ID. c., Civ
ing the number of the soldiers pension
certificate.
w. j. e., Chelsea, Ind. Ter.-The pre-
sumption IS that person drawing pension
as dependent mother ceases 10 be de
pendent, within the meaning of the pen
sion laws, when she remarrics If her
husband cannot or does not render her n
support, she can obtain the restoration of
her pension on application therefor and
showing OF the facts by evidence.
Mrs. j. H., Eaglegrove fowa.-If
wicow pension claim Is rejected because
the soldiers death is not satisfactorily
shown 10 have been due TO his service
the children would bc equally debarred
from pension under the general law II is
not true that IF pension for children is
not granted in three wears after applica-
ton the claim is thrown out" The statute
under which pension claims not prosecuted
to successful issue within five years after
application were haired from further prose
cution was repealed by the arrears law of