The National tribune. [volume] (Washington, D.C.) 1877-1917, 1898-06-30
PENSION DECISIONS.
Cases Disposed of by Assistant Secre-
tary Davis,

Webster Davis, Assistant Secretary of
the Interior, has rendered a decision in
the claim OF John Norton Go. b, iSt ID. C..
Cav, which is Of importance to- many
claimants for pension, as laying down
five rules affecting dcscTtion and honor
able discharge. The Assistant Secretary
overruieS, in part, the famous Lessor
decision made during a former Admins
.sration. The rules arc as follows:
|. In claims under the acts of Jan. 20
1897, June q, 1890 and July q. 1892, an
honorable discharge from all enhstmentS
for service in the particular war To- which
these acts refer, is prerequisite to pen
sion.
2. In claims for pension under sections
1882 and 1888, Revised Statutes, on ac-
count OF disability incurred in the line of
duty during Il term of enlistment from
which the claimant deserted, the claim
should be rejected for the reason that
there is no period from which the pension
could commence, as claimant had never
| been discharged from such term OF service
| and for the further reason that claimant
| having violated and repudiated his said
| contract of enlistment he thus forfeited
| all right to- any benefits that were Incl
| dent To such enlistment.
| 3. If the claim for invalid pension under
| Sections 1902 and 1893, Revised Statutes,
is based upon disability incurred in the
| line OF duty during Il term of enlistment
| from which the claimant was legally dis
charged, a desertion from subsequent
| enlistment, OF itself, is not bar to pen
| sion. If the claim was filed prior To July
! |, 1890, the pension would commence from
the date OF discharge from the term Of
enlistment during which the disa bility
was incurred Iut such pension will
cease upon rc-enlistment and cannot be
restored while in the service, nor while
| claimant is iii desertion from such SubSe-
Quent enlistment.
A If the IiGo biiitv incurred in tho
service under Il subsequent enlistment,
while the claimant was u dcserter from q
prior enlistment, which had not tcrmi-
mated prior to such re-enllStment, the
claim should be rejected on the ground
that The ability was not incurred in
the line of duty, but while claimant was
absent from his proper command in viola
ton OF his former contract OF enlistment.
5. The decision in the case Of George
Lessor, in so far as the same conflicts
with the rules laid down here, is over
ruled.
The claim Of the guardian Of George and
John King, minors OF Rebccca King
minor Of Orange Tricc, deceased, Co. C.,
18th u. S. c. J., was rejected in the Blu
reau Of Pensions on the ground that there
is no law granting pension to grand
children of soldiers. The action Of re-
lection has been affirmed by Assistant
Secretary Davis. The decision sets forth
that it is contcnded that as soldiers
widow died in 1861, Rebecca, the minor
child Of soldier, was entitled To pension;
that as she died in 1898, with her minor
claim pending, her minor children, George
and John, are entitled to the accrued
pension due their mother. Soldier en-
listed Feb 8, 1864, and was discharged
April q: 1865, on which date he died
leaving a minor child, Rebecca, but no
widow. Rebecca died in 1895, leaving her
mi claim, npnGiYgO nd which
rejected Feb. t. 1897, on the ground OF no
one entitled to- complete the claim" Her
two children, George and John, now seek
by their guardian to complete the claim.
The Assistant Secretary says:
The pension laws do not grant pen
sion to the grandchildren of soldiers, and
the act of March 2, 1895, in express terms
limits the right To accrued pension OF the
soldier To- his widow, Or in case OF no
widow, then to the child or children under
10 years OF age. In case OF the death OF a
widow having an application for pension
pending, the act limits the right to her
minor children under 10 years OF are. In
case OF the death Of a minor child who
was Il minor at the death OF the colder,
no payment whatsoever OF the accrued
pension is allowed to be made by said
act, except so much as may be necessary
to reimburse the person who bore the
expense of last sickness OF the deceased
i'm case Of no sufficient assets to- meet
such expense. This act in terms pro
vidcs that:
"'All prior laws relating to the payment
of accrued pension are hereby repealed.
The only portion OF the minors accrued
pension which could, in any event, be
recovered by the erandchild or grand
children OF this soldier would be the ex-
penses of last sickness and burial of their
mother, where they incurred the expense,
and their said parent, the minor OF sol
dier, did not leave sufficient assets to
meet such expense"