Herald and tribune. [volume] (Jonesborough, Tenn.) 1869-current, 1897-05-12
A BILL RELATING TO PENSIONS.
introduced in the House by Mr.. Brownlow
April 3, 1897.

introduced in the House by Mr.. Brownie,
April 3, 1897.
he 1t enacted by the Senate and Hous
or Representatives of the United State
OF America in Congress assembled, Tha
no person otherwise entitled to a pension
by virtue of any law of the United State.
Shall be disqualified from receiving the
same by reason OF any prior service in
the confederate army or navy during
the war OF the rebellion, nor shall the
widow, children, or dependent relatives
OF such person be deprived of right tC
pension by reason o! such service: Pro.
Vlded, That no pension shall be gran ted
by virtue Of this section for disability
contracted or incurred while aiding or
aoetting the late rebellion against the
authority Of the United States.
Sec. 2. That from and after the passage
OF TINS act pension heretofore granted
or which may hereafter be granted un-
der the pension laws shall he reduced or
discontinued except for fraud, clerical
error, mistake OF fact, or recovery from
disability: Provided, however, That
nothing herein contained shall be con-
strued to entitle any person TO more
than one pension, or as allowing more
than one pension for the same service,
nor to affect or enlarge the pension
rights Of widows and others under Sec
tlons forty seven hundred and two, forty
seven hundred and six, and forty seven
hundred and eight of the Revised
Statutes Of the United States and acts
supplemental to and amenda tory thereof.
Sec. 3. That oil pensions reduced or
discontinued since January seven, eigh-
teen hundred and ninety three, shall,
upon application, be reconsidered and
ad1udicated In accordance with the pro.
visions OF this act, and the pension, IL
restored or allowed shall commence
from the date of such reduction or dis
continuance, or from the date subse-
quent thereto at which the disability is
shown by the evidence to have existed:
Provided, That in the event Of the death
OF the pensioner after such reductio or
dlscontinuance, any accrued pension
that may be found Cue under this Sec
ton shall be paid as provided by exist.
ing law in cases Of death.
Sec. 4. That hereafter, in the admins.
tration Of the pension laws, all inyesti.
cations into the merits Of any pension
previously allowed shall be by question
and answer, under oath, In open session,
after due notice to the person or persons
who may he affected thereby to be pres.
ent personally or by attorney; and such
person or persons shall have the right
TO cross examine and fair and full op-
to rebut or substantiate any
facts alleged or disputed: Provided, That
when fraud is alleged the allegations
shall be reduced to writing and under
oath and the person or persons affected
thereby shall be furnished with n certi-
He'd copy ofthe charges made, together
with the names Of the persons making
the same at least thirty days prior to
such investigation, and shall be furnish |
cd with the names Of the witnesses by
whom said charges are to be proved Mt
least hve days prior to their examina-
ton, such investigation to be conducted
at the county seatof the county in which
the person affected resides, and the |
1epositions Of witnesses residing outside |
of said county shall be taken as near AZ |
may be in accordance with the practice
Of the State or Territory in which said
resides.
Sec. 5. That in the administration OF
the pension laws the oath Of a person |
who has served as non-commissioped |
office or private shall not have any less
weight than If such person had served
rs commissioned officer: Provided, That
no claim shall be rejected because Of
claimants inability to furnish, as to any
material fact in the case, the testimony
of more than one credible witness hay.
ng knowledge Of such fact.
Secs. That in the administration OF
.he pension laws an affiant shall be re.
luired only to make oath that said AZ.
liant has read or heard read the SUBJ
'cribed affidavit, that the same was pre-
pared in his or her presence at his or
Ter dictation, is in atlantis own lam
;uage, and that the matters and things
herein stated are true.
Sec. 7. That all notifications from the
bureau OF Pensions as to the status OF
my case shall set forth each and eyery
act upon which further evidence is re-
Iuired to complete the same.
Sec. g. That all papers, memoranda,
letters or exhibits received by
he Bureau OF Pensions relating to any
or claim shall be preserved and
lied with the papers in said case, and
very pensioner or pension claimant
hall have the right, in person or by at
orney, to examine and inspect each and
very such paper, memorandum, writ
ng, letter or exhibit which has any ref
renee to or bearing upon his or her
ension or claim.
Sec. O. That in all claims for pension
increase OF pension the records Of the
Var or Navy Department showing dis.
bilities to have been incurred or con
racted in line of duty shall be conclusive
that fact |,
Sec. 10. That the common law pre-.
impton Of death, after the lapse Of
even years without news or tidings Of
ne missing person, shall obtain and be
force in the administration of tho pen
ion laws: Provided, That If such person
hall afterwards be proved to be alive,
ny pension thatmay have been granted
n account Of his death shall thereupon
ease.
Sec. IL. That hereafter in the admins