The National tribune. [volume] (Washington, D.C.) 1877-1917, 1898-04-14
PENSION DECISIONS.
Cases Disposed Of by Assistant
Secretary Davis.

The Assistant Secretary has decided
case in which the claimant was married in
1854 to Il man not soldier, who deserted
her in 1855, and meeting her afterwards.
told her he had remarked. She applied
for divorce, and the lawyer told her Il had
been granted. She was married To 4 sol
der in 1871 under this impression. IN
1885, when collecting evidence for hes pen
sion Claim she found that she had not
been divorced. She appealed f-cm decision
Of the Pension Bureau refusing pension,
claiming that the death of the husband
should be presumed as his whereabouts
had been unknown for 10 years before She
married again; that at the time she was
married 10 the soldier She supposed she
had been legally divorced from her first
husband and that her cohabtation with
the soldier for more than twenty years.
during which she was at all times rcceg-
nized as his lawful wife, constituted
common law marriage.
Mr. Davis holds that the continued alb
Sence OF the first husband can be sc-
counted for without assuming his death,
iaasnluch as he deserted her and married
another woman. There was n0 reason " ~
he should CONN u licatc with her and 40
inference can be drawn from his failure 10
do So In the absence of evidence tending
to create q counter presumption IT must
be presumed that the first husband was
alive in 1871 and is still alive. The re-
lection is affirmed.
Assistant Sc retary Davis has ruled in
the case of Mary Ann Waters, widow Of
Richard ). Waters, Co. X, 1f2d Pa, that
:. a decIara ton alleging mereiT that claim
ant is widow Of Il deceased penSioner. ard
thereby applies for pension as widow. IS
invalid and void as Il declaration under
either the general law o. the act OF June
81, 1890 and is not durable by amendment.
4 declaration stat ng ii Is under the act OF
June 81, isla, but failing TO state the claim
ants lack of means OF support, except by
her daily labor to the extent that pension
may be allowed from date of filing such
declaration upon such omissions being
supplied by amendment.
In the case OF the minors OF William
SchrOer, Co. F, 9Th Ohio, a motion was
made for reconsideration, which Assistant
Secretary Davis sustained. Schroer dled
in April. 1875. His widow, izateth, On
Aug g. 1890 fled claim UrGer The act Oh
June 81, 1870, and it was allowed IN Ocio-
Der. 1871 On Jan. ), 1882. she filed claim
under The cid law, which was TerGlng
when she died Nov. 3, 1872. he claim
was rejected in November, 1893, on The
ground that as she left no minor child
there wa, no person entitled to continue
its prosecution. Application was made
March 25 1895, by three children OF SchTGei
for minors pension under the old law
they FL leging that they were under 10 years
of age at the time OF the soldiers Death.
The claim was rejected in EOveInEcr, 1888.
on the ground that Trey all were over he
age of 10 at date of the widow 5 death.
Assistant Secretary Reynolds affirmed tiat
action.
The decision of Secretary Reynolds Wr.
Davis says, hell IN effect that the chii.
dren of the soldier, having been over II
years of age ct Gate of the widow $ ofaths
had no right to conlrlete her claim so as &c
take the accrued peEsiOn urGer the act o.
March ., 1895. That holding, MIR. Davis
SAYS, was correct So far as 1t went, Eut II
missed the point OF lie arreliants cCntCn-
ton. which is that the chill .Ten s clam foi
Minors pension was improperly rejected
The rejection of the claim was IN ac-
cordance with a ruling made by Assistant
Secretary Bussey, in the case OF PatrlcE
Fitzpatrick 6 Z. D., 24S). That ruling. sc
far as ii aff cts this case, was reversed by
Assistant Secretary Reynolds IN the case
of the minors of Eli Plipps Is T. D., IT'D
Under this ruling the Tejection CT the chll'
dren's claim on the ground that they were
over IS years Of age when the soldier $ widow
died, is 81 aarly untenatle Mir. Davis says
it being conceded tEat they were UT,cer u
at death Of Tie soldier. It vas further
held by Mr.. Reynolds in the case OF Mar,en
PiiatCn Is u. D., 412) that payment Gf pen-
sion to a widow under tie act of JUEe "a
1879, is not payment OF any Fart o1 the rem
sion provided fer widows Icy The GER ="
law (aec:ion A7c2, Revised Statutes), nd
does not debar the raincr child f-om All -.
ing for and receiving the general ]aW
pension from date of soldiers Death 10 Gaze
at which the widows pension under sci o
June y. 1890, commenced UEGer these nut
ings, which are still al proved by the De
partment Mr. Davis can see 20 reason Wig
the appellants may rot f,e ard irosoCJse
q claim for miners pension under sCC,ien
1902 Revised Statutes