The National tribune. [volume] (Washington, D.C.) 1877-1917, 1897-09-02
4 WIDOWS PENSION
Assistant Secretary Davis De-
cides an Important Case.

observation-disclosures Gives an Opinion
as to the Navy Pension Fund-Work on
Disability Cases-Report of Certificates.
An important decision by Assistant Secretary
of the Interior Webster Davis was rendered
on Aug. 80 in the case Of Margaret l.. Thomas,
widow Of William B. Thomas, Co. A, n. Y.
II. A., legal proposition submitted for
ruling of the Department by the Commissioner
of Pensions. Following. is the official abstract
of the case:
The claimant married the soldier in Iowa
Oct. a, 1879, and removing 10 Michigan immedi-
ately thereafter, lived together as husband and
wife from that time until the soldier died, in
1895 1t superveued after his death that, at
the time of the soldiers marriage 10 claimant,
he had a former wife living In Obi from whom
be was then undiyorced but in 1877 this wife
obtained a divorce. These facts, however, were
not known to claimant until after the soldier
died
During the period of their coverture of over
90 years they cohabitated continuously as hus-
band and wife. affiliated with the Baptist
Church, joined in the execution of deeds and
mortgages and were recognized as husband
and wife in all relations by the communities
in Michigan wherein they domiciled, the SOL
der being Minister OF the Gospel and preach
ing in the Baptist Church, and the parties
living pure and blameess life.
1t appeared, however, that Assistant Secre-
tary Reynolds Oct. 30 1894, rendered a
decision in the case of the widow of VIM. A.
Palmer, Co. b. 4th Mich wherein he held that
where one of the parties to marriage is
ignorant Of the fact that the other party had,
at the time OF such marriage, legal husband
or wife living, from whom he or she had not
been divorced, and dies in ignorance of such
fact, it becomes legal impOssibility for the
urviving party to such second marriage, who
alone had knowledge of the legal impeachment,
to prove legal marriage. as in such cases no
consent can be proved after the removal OF the
legal mpediment."
The Com missi0Ber of Pensions desired to be
advised how far this rnling should be held to
affect the claim Of the widow OF William b.
Thomas.
The facts in the Palmer case were that the
widow married the soldier while she had
another husband living from whom she was
not divorced, and concealed the fact from him,
and when the soldier died. she applied for PEN
sion as his widow, the first husband having
meantime died.
Assistant Secretary Davis holds that the de-
cision of Assistant Secretary Reynolds in the
Palmer case does not affect the case OF the
WIDOW OF Thomas. as it was properly held that
the widow of Palmer could not take ad vantage
OF her own wrong to secure pension as the
widow OF the soldier since no consent to a COM
mon-law marriage could he or was sought to be
proved after the removal of the impeachment.
In the present case, however, of the widow
Of Thomas, Assistant Secretary Davis holds
that. where it is shown by the evidence that
both parties fully intended and consented to
the maintenance of bona-fde marital relations
at and subsequent to the time when they were
competent TO sustain such status by removal of
a pre-existing impeachment, and did consent to
the maintenance of such marital relations by
constant continuous c0hRbitati0n, acknowledge
ing each other as husband and wife, and being
universally recognized as such by the COM
munity in which they lived, joining III church
membership, uniting indeeds and conveyances
as husband and wife and deporting themselves
generally in accOrdauee with good morals, q
valid marriage is essentially established. not
under the lex loci ofSthe State Of Michigan,
but that such is the settled doctrine OF the
American courts.
Assistant Secretary Davis, in support Of this
view. cites the cases of McCollum and Schmidt
lin, (6 Pension Decisions t93 and 200; also, the
cases of Hutchins vsnI1immel, 81 Michigan,
1876; Peet VS.. Peet. 52AEichigan 46a, and Will
liams VS.. Newell, SO Michigan, 279; the opinion
in tho case of Hutclins VS.. kimmell having
been delivered by the learned Judge Cooley.
The Judge-Ady ocate- General, u. S. N, rem
dered an important decision last week, IN the
case of William Bealer, who enlisted in the
Marine Corps in 1s47 and was discharged in
1860. He was granted an allowance of So per
month from the naval pension fund. Under
pension legislation of 1895 all pensioners re.
ceiving less than S. per month were increased
to that amount. Bealer asked for the increase.
The decision of tho Judge Adj vocate- 6 EN- eral
gave construction to Section 4757 Z. S. U. S.,
which provides:
Every disabled person who has served in
the Navy or Marine Corps as enlisted man
or appointed petty officer or both. for a period
not less than 10 years, and not been discharged
for misconduct, may apply to the Secretary OF
the Navy for aid from the surplus income OF
the naval pension fund, aud the Secretary OF
the Navy is authorized to convene Board OF
not less than three naval officers, one of whom
shall be Surgeon, to examine into the con-
dition of the applicant, and to recommend q