The National tribune., 1897-05-13
PENSION POINTERS.
Inquiries Answered and Sug.
gestions Made.

department., NO. lSk, dated June Z0s 1o"9.
Under it and subsequent General Orders ex'
tending the provisions of the original order,
and under the Joint resolutions Of Congress OF
Dec %. 1863. Jan Ii and March g. 1864, giving
authority Of law to the General Orders, men
who had previously been enlisted in the army
and served for nine months and been honof-
ably discharged and who again enlisted before
April 2 1864 as volunteers. for three years or
during the war: all volunteers and militia in
service ON June %, 1868. whose terms of enlist
ment would have expired within 80 days there
after and who at the expiration of their terms
of enlistment, would have been in service for
nine months. aud who re-enlisted for three
years or during the war before the expiration
of their original terms of enlistment; and all
volunteers serving in three-years organza-
tons who re-enlisted before April 2, 1864, for
three years or during the war, in the organzs-
tons 10 which they belonged, having at the
time of re-enlistment less than one year to
serve under their original enlstments, became
veteran volunteers" and such are entitled
TO a veteran bounty OF $500, if they served the
full term for which they re-enlisted, or served
two years, or were discharged before two years
service because of the close of the war, or be-
cause OF wound or injury incurred in service
and line of duty. The original order was not
retroactive in its terms, but by an order da. ed
July IA 1868 NO. 2l6). its provisions were ex.
tended to all persons enlisting re-enlisting
oltions had been complied with. The War De-
partment after having promulgated General
Order 2l6, as above arbitrarily ruled year or
so later that the provisions of the original
order No. 1911. dated June %, 1862 should not
apply 20 enlistments or re-enlistments made
before May /, 1868, which limitation was in
1865 changed to Jan. 1, 1863 The legality OF
this ruling remained unquestioned until in
1882, when il was decided by the Treasury De-
partment that there having been no authority
of law for the payment of the bounty offered
by the original order and the War Depart
ment having failed to fix any limitation until
after the passage of the joint resolutions of
Dec. %, 1863. and Jan. 13, 1864 and Congress
not having then or at any time subsequently
imposed any restriction, was null end of no
legal effect. 1t has since been decided that the
mine months previous service" need not
have been service for nine consecutive months
but that il is sufficient if the sum of several
different services he nine months. Nor is it
necessary that this previous service shall have
been rendered wholly or in part during the
war of the rebellion; it may have been rem
dered, for instance in the Mexican war, or at
any other time before the war of the rebellion.
The bounty was payable in instalments as fol-
lows: In advances. SIS $50 after Sept. o. 1869 !;
$50 after 2 6, IL, Ia, "a, and 80 months, and
the balance at the expiration of the term of EN-
listment Only the accrued installments were
two years service under his re-enlistmcnt TO
secept promotion to the grade of q commits
stoned officer.
w. r.. Messengeruiue, N INVALID pension
under The general Law. under which You hied
your claim. dates only from the date OF fling
application. unless the application was filed
before July ], $780, IL filed before July i, 1850.
the pension would date from the date OF dis
charge from the service.
j. ~, National Military Home Cdl.-There is
no arrears" allowed on outdoor relief to
those entitled TO the benefits of the National
Homes who apply for such relief.
@. W. C., Barry M-An increase of pension
on pensoned disabilities dates from the date
of medical examination showing title to in
crease unless the increase is due under some
law ruling allowing q higher rate in which
case the increase commences from the date OF
such law or ruling Increase of pension on &C
count of disabilities not covered by the former
pension certificate dates from the date of filing
of the application.
C. N, EJthart, M-If you viii address the
Commissioner of the General Land Office.
Washington, ID. c., he will send you, free of
charge O large pamphlet giving full iuforma-
tioD about the public lands.
C. II f. Yucatan, Minn-We believe that
under the act of March 6, 1896 every applicant
for invalid pension under the act of Jane "a,
1890, is entitled to pension from the date of the
fling Of his first application for the same, if the
evidence in the case shows pensionable degree
of disability 10 have existed at the date of the
first application. The act of June %, 1890 it.
self contemplates that pension hereunder
should begin from the date of filing of the APP
plication, and the act of 1896 WAS an effort to
secure the proper administration Of the orig nal
act
J. r. p. Somonaak. M.-All soldiers who alb
scented themselves without proper authority
before March IL 1865. and did not return or
report themselves to . Provost Marshal on or
before May 10, 1865, or who sbsented them
selves without proper authority after March IL
and before April 90 1865, and did not return,
and have not had and are not entitled to have
their records amended under The various acts
OF Congress- are declared by the act of March 3,
1865. amended by the act of July 19, 1867,
TO have rclinquished and forfeited their rights
OF citizenship as well as their right to become
citizens aud TO be incapacitated to hold any
Office OF trust or profit under the United States
Government, or TO exercise any rights of citi-
gers OF the United States. These statutes,
however, evidently unconstitutional and
are practically obsolete SO far as regards their
enforcement.
II. b.. Jefferson, Wi&-Commissione of PEN
sions Evans has decided May T. 1897 that
none of the Pension Examining Surgeons are
within the protection of the Civil Service law,
and that they may be removed by the Com
missioner at his pleasure. He announces that
as speedily as possible new Boards of Exanin-
ing Surgeons will be appointed wherever he
deems IL advisable TO make change. He bases
bis action on decision of the Supreme Court,
rendered in 1885, that Pension Examining Sur.
geOus are not Government officials, hut merely
agents of the Commissioner of Pensions To
obtain higher rate of pension than SI2 it is
necessary TO establish title TO pension under
ihe general law for disability in degree emit.
ting TO y greater rate than $l2 Inasmueb as
Commissioner Evans has taken charge of the
Pension Bureau, and appears TO have il thor
ougbly recognized with q view to securing
Justice for all honest claimants, il seems To us
that il is good time 10 proceed with the prose
cution of all just claims
}. J. H., Penis Grope. N 1.-THE pension
act Of June 27, 1890. makes no provision for the
pensioning OF survivors OF the late war after
their arrival at certain age; but under an
order Of ex-Commissioner Lochren dated Sept
2. 1888, applicants for invalid pension under
the act are regarded as entitled to the maxim um
rate Of So il they have reached the age of 20
years
C. o. W.. Marshaltopn. Iowa-Tnvalid pen
sions granted under the general law commence
from the date OF filing Of the application. II
the application was filed since July ], 1880
The claim having at one time been rejected
would not affect the date of commencement OF
the pension when granted.
II. O., HoJ0ken N EVERY pensioner under
the act OF June %, $780, who was reduced or
dropped during the last Administration will
doubtless find ii to his advantage TO have his
case considered by the new Administration.
Under an act OF April IL, $780, soldiers and