Evening star., 1898-01-18
FORMER RULING REVERSED
Important Decision as to Glass of Mexican
War Veterans.
They Are Entitled 10 the Increes.
Made I'm the Act OF IS93-
The Reasons Given.

\ partmental decision OF June l6. 1896 on
| Brookman's appeal by this decision As
| sisiant Secretary Davis declares that tho
| provisions of the act OF Congress of Janu-
! airy >. 1893 providing an increase Of tho
| rate of pension granted on account of ser
vices in the Mexican war to survivors of
| said war are applicable to survivors Of
Powclrs battalion. Missouri Mounted Vol
| unteers, Mexican war who are penSionel
| under the provisions OF the act OF March
3, 1891. for service daring the war with
Mexico; and such surviving members Of
| said organization are entitled to rrc.iva
| the Increased rate OF pension provided 10y
said act OF January >, ls.'S. under tn, saEia
conditions. limitations and regulations as
other Mexican war survivors who are psn-
stoned under the provisions of the act OF
January -, 1851"
The claim is that of Zachariah wIn>ler,
| late private company G. PowcTs battalion,
! Missouri Mounted Volunteers
After reviewing the legislative proceed
| ings of the Senate and House OF Repre-
Senlatives of the Congress of the United
States, Assistant Secretary Davis says:
The Intent of Congress.
| Two things are to he observed in a re-
view of these legislative procee iings Ivy
| which this bill Chat is. the bill placing the
| members of Powelrs battalion on the PEN
| sion rolls) became law. In the first place,
the clear intent and purpose OF the law
| makers is evident. as expressed In the re-
ports of the committees ard the language
| used in the discussion of the bill in the
| House, tc wit: They clearly entitled to
| the same rights and privileges and should
be placed upon an equality with all other
volunteer soldiers of the Mexican war un-
der the general law granting pension to
them and When the act of 1857 granting
pension to the survivors of the Mexican
war was passed there was no question in
the mi ii of the committee who presented
this bill that IL embraced this battalion
| Legislative action taken in pursuance of
| language such As this could mean but one
| thing-that il was the intent and purpose
| of Congress that members of Powelrs bat
| TALON should be considered and hcll by
| those entrusted with the administration
| and execution Of the pension laws as enti-
| tied to the same rights and privileges ami
| be placed on the same footing. far as
the act of January - 1880, was concerned
| as all other volunteer soldiers OF the M,Ni-
| can war; and this is further emphasized
and rendered conclusive by the coEgrts- -
slonal action striking out OF the bill as
| originally introduced and reported the
| words for service in the army of the
| United States in the establishment Of milf
tary posts and for services the FROM
| tier during the war with Mexico airl in
substituting therefor the words for SIR
| vices during the war with Mexico tLus
| recognizing by legislative enactment the
military service rendered by said battalion
| as service in the Mexican war
| In the second place. the omission of a
| specified rate of pension in said act of
| March g. 1881, is extremely suggestive and
! highly important in this connection. This
appellant is at present in receipt of a PEN
| sion AT the rate of s. per month. granted
| him under the provisions of said act But
why was this particular rating granted
| him, from whence was it obtained and
where was the authority granting il de-
rived? From the act OF January -, 1ASI,
alone, and solely because that was the
| rating therein prescribed and allowed for
the survivors of the war with Mexico
If the act of January ). 1883, instead Of
| increasing, had reduced the rate of tho
Mexican war service pension To ST per
| month, could members Of Powell's bat
talon, claiming a pcnsionable status by
| reason of the provisions of the act OF
| March 3, 1881. successfully maintain the
| position that such reduction OF rate would
| not affect their pensionable rights or apply
| to them? Such u contention would be alb
| solutely untenable, and would scarcely
| meet with serious consideration. Ii tho
| tate of pension Were thus reduced the
| members of POweis battalion would b.,
| affected thereby, survivors of the war
| with Mexico, for such is unqucstonably
| their pensionable status by fair and neces-
| Sary implication.
| If reduction of the rates of pension for
| survivors of the Mexican war 10y said act
| would have the effect of diminishing the
| amount Of pension received by the menu
| bers OF said battalion under the act of
| March J, 1891, then, e converse, AN Increase
| of such pension by said act must, neces-
| sarily, result in an augmentation of the
amount of pension of such persons
| Effect of the Act of 1891.
| 1t is very clear to my mind, in view of
| the foregoing facts, that it was the mani
fest intent and purpose of Congress in
| passing the act of March 3, 1891. to place
| the members OF Powelrs battalion upon
the pension roll survivors of the Mexi-
| can war, just the same in all respects as
| if they mad been specifically Included and
| named in the act of January ~ 1881 IL
| necessarily follows that any subsequent
| and further legislation affecting those em-
| braced by said latter act would. likewise,
| and in the same manner. affect the surviv-
ing members of PoweliS battalion.
| 1t has heretofore been asserted and con-
| tended that the act OF March 3. 1891, was
| IN tie nature of a special or private act in
| distinC ton from an act of a general public
| character, and 1t is special in 50 far as its
provisions relate to a certain limited class
| of individuals; but 1t can be considered and
| construed private and special only in
| so far its provisions defined the pen
sionable status of members of Powelrs
battalion, and that being done, il leaves
their pensonable rights and benefits to be
governed and controlled by the general
limit tations and regulations Of the pension
laws of the United States for pensionng
| the survivors of the war with Mexico
| If, however, il should be admitted for the
use of the argument, that the act of March
3, 1881, was purely and strictly special
act, in every sense of the term. how would
| the pensionable rights of Powelrs battalion
| hereunder be affected by such a construc-
ton? Section APO Revised Statutes, L. s,
provides as follows:
when the rate. commencement and dura-
tion of pension allowed by special act are
| fixed by such act, they shall not he subject
to be varied by the provisions and limita-
tIons of the general pension law; but when
| not thus fixed, the rate and continuance OF
| the pension shall be subject to variations
| in accordance with the general laws, and
| its commencement shall date from tho
passage of the special act" etc.
Former Decision Set Aside.
The act of March 3, 1891, did not fix
either the rate, commencement or duration
| of the pension provided for therein. Is .t
not then true, beyond all controversy, that
| the rate and continuance Of the pension Of
benefciaries under said act "shall be SUBJ
| ject to variation in accordance with the
general laws?" In fact, section 412o, X.
S., has already been invoked by this de-
partment, and properly so. to fix and con-
troll the date of commencement of the PEN
| sions granted to members of Powelrs bat
fha zsx. 1f