The National tribune. [volume] (Washington, D.C.) 1877-1917, 1898-01-27
PENSION DECISIONS.
Cases Disposed Of by Assistant
Secretary Davis.

| Assistant Secretary of the Interior Web
| Ser Davis has rendered q decision which
| settles n question which has been Eendin G
for some time-that is, whether the mem
barS of Capt. Pollard's Go. V, 4tll Mo- M't'd
Vo,., Black Hawk war were reasonable
| under the law. The claim is that Of Susan
c., widow OF Theodore Tension, under the
act Of July q, 1892.
The records of the War Department show
that Theodore Pension enlisted Aug. 26,
1882, in POliard'S company, 4th Mo. MID
Vol, war of 1882, and it is shown by re-
port from the Second Auditor of the Treas
ury Department that he was paid 9 from
Aug. 26, to Sept. 30, 1892. y 1t is also stated
in this report that the company was
called out for the protection of the
frontier of Missouri against The Indians"
| In order to ascertain the facts in the case
a report was requested from the Secretary
of War as to the character of the service
performed by the command OF which this
soldier was member during the period of
| the Black Hawk war.
| The report from the honorable Secretary
of War shows that theodore Pen ston was
enrolled as private in Pollard company,
and the report concludes
| |. That the organization to which this
| soldier, Theodore Pension, belonged was
| called into service for the purpose Of pro
| tecting the settlers along the northern
frontier Of the State of Missouri from hostile
| Indians;
O. That the services OF said organiza
ton, by cutting OFF the supple s of Black
Hawk band, and pre.enting its reteat
snuthward, thus co operating with the main
body OF troops in the suppression Of the In
dian hos .ilties, had direct connection
with. and formed a part of, the nece ssary
IN litaFy operations during a part of the
Black Hawk war and
% That his soldier Theodore Pension,
rendered
with ga d " ar"
Assistant Secretary Davis in his decision
says:
This report is quite conclusive upon
The question at issue. 1t may, therefore,
he safely assumed that the Command to
which this soldier belCnced had direct con
meet on with the military operations for
the suppression OF Indian hosti}itios dur
ing the Black HaRit war; that Theodore
Pension, having eel sted IN So service
Aug. 20, 1892, ard having been DISCHARGED
Sept. 30, 1892, his service vas sufficient Ia
comply W tn the requirements OF the act OF
Jaly Il, 1892. H.
The grounds OF rejection of this widows
claim are therefore hc!d to be erroneous.
Sa d acton is accordingly reversed, and
case is remanded for read publication in ac-
co:dance with the forego.ng.'
The Assistant Secretary OF the interior
has rendered a dec sion oyerrul ny De-
partmental dccs onlof June 1G, 1885, where
in he declares that the me mbers OF Powc1l's
Battalion, Missouri MID No's., Mexican
war, are cnt tird to have Their pensions
inc ea5ed under the act of Jan. s. 1883,
from So To S12 FER month, Upon the same
cond tons as other Mex can war survivors.
The decision was IN de in the claim of
Zachariah Winkler, private Co c, Powell's
Battalion, Missouri MID Vols.
In the decision Assistant Secretary Davis
declares that The PROVISIONS OF the act
OF Congress of jan 5, 1Sa3, providing an in
crease Of !he rate OF pens on granted on ac-
count Of services in the Mex can war to
survivors Of sad war, are applicable to
survivors Of P0wells battalion, Missouri
Mt'd Vols, Mexican war, who are pen
stoned under TIE p-osis onS OF tie act Of
March B. 1891, fer service during the war
with Mexico, and such surviving members
of said orr aniZat'On are entitled TO re-
ceive the Increased rate Of pension pro-
vided by said act of Jan $, 1898, under the
same cOndit Ons, limitat onS and regula
tons as other Mexican war survivors who
are pens o2ed under the provisions of the
act OF Jan. 20, 1857
After reviewing the legislative proceed
ings OF the Senate and House Of Repre-
seItatives OF the Congress Of the Tn ted
safes, the Assistant Secretary says:
" 1t is very Gear to my mind that it was
the manifest intent and pursos of Congress
in passing the act of March 3, 1891, to place
the members of Powell's Battalion upon
the pension roll as survivors of The Mcxi-
can war, Just the same in all respects IS if
they had been specifically incl ded and
named n the &C. OF Jan. p, 1897 1t ncces-
sarily follows that any suhsequen; and fur
ther legislation affecting those embraced
by said latter act would, likewise, and in
the same manner, affect the surviving mem
bers CT Foweli's battalion.
The Assistant Secretary, after carefully
mi, inU al nf he N
ing on the question involved, concluded as
follows:
:" Ii is held that the surviving members of
Powells Battal on, Missouri MED No.s.,
who are now rens oned under the provisions
of the act OF March B. 1891, are entitled to the
benefits of the act OF Jan. ), 1893, upon proof
that their condition and Giro Imstanccs are
such as are required to give title to the in
crease of pension provided by said latter
act.
The rejection Of this claim upon the
ground stated is also reversed and set aside,
same ordered reopeled and readiudicated
upon its merits"
Among the decis ems rendered by Assist
ant Secretary of the interior Webster Davis
was the case of William Is. Watson, Fire
man on the u. S. Revenue Cutter Tiger i'm
the u. 5. Revenue Marine Service. This
claim was re;ectesb Jan. 81, 1894 upon the
ground that the officers and men of the
Revenue Marine neTNi ice, not being enlisted
in the Navy, have no title under the act of
June 81, 1890" or
The official record from the Treasury
Department OF the appellants service in
the Revenue Marine Service shows that he
served on board the u. 5. Revenue Cutter
Tiger as fireman from Feb. to May %,
1864, when he was discharged, and it is
| further certified BY the Secretary of the
Treasury that during the entire period of
his service thereon the vessel was under
| orders, by the President, to cooperate with
| the navy. In hisHdecisiOn Assistant Sec
rotary Davis says.
THE soc question presented for CON
| sideration is wherh eT or not the service in
d:cated by the record is such as would give
| to this appellant a reasonable status
| under the PROVISIONS OF section 2, act of
| June 27, 1890.
1.-The ground uEon which this claim was
| rejected is not considered tenable or sound,
| and said action of rejection IS hereby re-
| versed and set aside, and the Bureau is re
| quested 10 cause this cl2im to be reopened
| and readiudcated upon it's merits, in ac-
| cordance with the views relative to the
| prof to be required OF actual co operation
| with the navy for the period necessary to
| give reasonable title under the act OF June
| u, 1890"