The National tribune. [volume] (Washington, D.C.) 1877-1917, 1898-05-05
PENSION DECISIONS.
Cases Disposed Of by Assistant
Secretary Davis.

In the case document No. &c, $50 Of a
widow, the appeal was taken from I'M
favorable action on the claim by the PEN
sion Bureau, on the contention that claim
ant derived no income from her property,
that her health was shattered and that IL
was not believed that in rejecting the
claim the law was being administered in
that spirit of Iiberality which prompted it's
enactment. The claimant, in her original
affidavit, testified that she owned a cot
tage and about two and half acres Of
land in the outskirts Of a village, and So, 900
in bank deposits; that the real estate was
worth about two thousand dollars, bring
ing a rental of $40 a month; that her
personaIty-bank deposit-brought about
four. and half per cent. per annum.
In an affidavit filed since the rejection of
the claim she stated that she had the
interest on 81 900 in bank at four per cent.
She did not say what had become of the
difference between the 50, geo i'll her pos
session in April, 1894, and the amount
given IN her last affidavit, August, 1895.
"The fact, however" Mr.. Davis says, that
the claimant owns real estate valued at
81 900 and has 81 600 on deposit in bank is
sufficient to show that she is not without
other means OF support than her daily
labor, within the meaning of the act OF
June 81 1880. The action appealed from Is
therefore affirmed"
In the case of George W. Burnett, Co. c,
5th Mo- Militia, pension was rejected on
the ground that the organization in which
claimant served was never mustered into
the service OF the United States. 1t was
contended that claimants discharge
papers show that he was in the United
States service; that his command Co
operated with the volunteer forces.
The records show that he enlisted Oct.
10 1851 in the 9Th, or James's, battalion,
and was relieved from further duty with
his company, March 10, 1852. The Organi-
zation was formed under an order OF Gov.
IT. Fl. Gamble of Misc uri, dated Aug. "a,
1851. the terms of which called Tor a force OF
az coo men 'for the purpose OF maintaining
the power of the Federal Government"
Mr.. Davis observes the organizations
formed under this order were called six
months militia, and were organized wholly
for the purpose of State defense. They
were never called into the service by the
President. never acted under orders of an
o Ger OF the United States; and, therefore,
they do not come within section 1893 OF the
Revised Statutes of the United States.
The records of the War Department do not
show that the claimant was ever in the
military service of the United States; and,
therefore, he has no pensionable status
under the act of {. une q, 1880, or any other
existing law.
In the case of j. B. Adams, Co. Fl, 9Th
Me-, soldier was pensioned at IS per month,
and applied through his guardian for in
crease and rerating, alleging insanity as a
new disability. The claim was granted
for increase at the maximum rating, to
commence from date of medical certificate
showing the existence of insanity. 1t was
contended that increased rating should
commence from the date of a former medi-
cal examination which did not reveal the
existence of insanity. Mr.. Davis says the
contention is untenable under the law.