The National tribune., 1897-12-09
PENSION DECISIONS.
Cases Of Interest Disposed of
by MIR. Davis.

Assistant Secretary Davis last week re-
verscd the former decision in the case of
Sarah, widow OF James Saunders, Co. l.,
2Gtb n Y. Cav. The soldier died having
executed last will, the provisions OF which
are not disclosed by the records, and at the
time OF his death he was possessed Of lao
acres of land valued at 81 900 and personal
property valued at $500. He also had five
children at time OF death, three of whom
were under and two over 10 years OF age.
In claimants application it is alleged that
the soldier was indebted in the sum of
81 200 or 81 400 at the time of death, which
is unpaid and for which the real estate is
subject. The claim was rejected on the
ground that she has other means OF support
than her daily la Dor, but MIR. Davis orders a
special examination.
In the case Of Sarah, widow of Jonathan
Bush, Co. NJ, 1st Pa. Prov. Cav. docket No.
$500, the former decision was affirmed.
The soldier having been dishonorably dis
charged, from his first term of enlistment
during the war Of the rebellion, and having
subsequently reenlisted and served for
more than 80 days during said war and re-
ceived an honora bic discharge, tits held that
. his widow is not entitled to pension under
section 3 of the act OF June II, 1890, said
act requiring an honorab discharge from
all service contracted, to be performed
during the war. The contention in the APP
peal was that the soldier having been
honora bly, discharged from term of serv-
ice OF more than 80 days during the war of
the rebellion, the requirements OF the act
of June ~ 1890, as to service and discharge
were fully complied with, and it was i'm
material whether he was honorably dis
charged from his prior enlistment or not.
Mr. Davis says 1t may well be argued
that, in affixing the condition OF an honor
able discharge to the grant OF pension made
by the act Of June u, 1880, Congress in
tended to limit the benefits OF said act to
those who rendered faithfully all service
contra cted to be performed i'm the suppress
sion Of the rebellion, and that it did not
intend to confer such benefits upon sol
diers whose service was faithful only for a
part OF the time
decision was rendered in the case of
Daniel White, late of Co. M, 9th Tenn. Cav.
Claimant is pensiOner at the maximum
rate under the act OF June u, 1890. He now
claimed increase under general law, on
account OF hydrocele OF right side and her
mia of both sides. He claimed increase for
the reason that he is unable to do any
manual labor on account of said hydrocele,
it's weight and size.
Claimant was examined under his claim
May 7, 1896, when the hydrocele was de
scribed: Find hydrOcele right side, sack
measures in circumference 1S inches and
nine inches in length; he claims he is
tapped two or three times a year" The
certificate also shows that the .pensioner is
Examining Surgeon further ccrtifics that
claimant is so disabled from hydroceie Of
right side as to be in capacitated for perform
ing manual labor at this time.
Secretary Davis says: " am of the Opin-
ion that the evidence in this case fairly
shows that claimant is so disabled from
pensioned cause as to be entitled to a n in
crease of the rate of So per month under
| the act of July ii, 1862 The action of the
Commissioners DIMENSIONS in rejecting said
| claim is therefore reversed.
| Mr.. Davis passed unfavorably upon the
| appeal case of Louise, widow of Bernard
recites that it is shown by the testimony OF
this appellant herself, cOrroborated by that
| of other witnesses obtained by special ex-
animation of this claim, that she is the
absolute owner of 81 acres of valuable real
estate, situated about II miles from the
city of Chicago, H., worth, at her own
valuation, $50 per acre, and which, she
| states, she would not sell at that price,
| from which she's derives net annual
income of over $500
ut also appears that she retains and
| lives in comfortable and commodious
| dwelling house situated on her farm, worth
| nearly sd, 900 over and above all debts and
incum brances, and has no family depend
| ing on her except one daughter, stout
| girl over i3 years Of age, who is fully able
to contribute to her own support.
- 1T is clear from the foregoing that this
appellant is not without other means of
support than her daily labor within the
meaning and intent of the provisions of
section 3, act of June 27 1890, as construed
by the decisions of this Department, and is
not entitled to pension hereunder as the
widow OF said deceased soldier. Therefore,
the claim is rejected