The evening times., 1899-08-21
Will BAR OUT VETERANS
An Important Ruling Arising Out
of the Hampton Case.
Spanish War Soldiers Who Served
Under the Confederate Flag Likely
to Be Deprived of Pensions-The
CommissiOner Says That His Ac-
tion Is Based ON Existing Law.

The case of William Hampton, of Gill
ford county. North Carolina, who applied
for pension as soldier OF the Spanish
American war, and who was indicted for
perjury for having declared that he never
served in the Confederate army, is still
before the Pension Office.
A review of his application has been
made and a brief prepared by the office.
The case is now pending in the circuit
court Of appeals at Richmond, Va, and is
very interesting as affecting the men who
served in the Confederate army and after
wards in the Spanish American war under
the flag of the United States. Judge Ew
art arrested sentence for perjury on the
ground that according to the act OF July
q, 1880, it was immaterial whether or not
he served in the Confederate army, holding
that the act made no reference to the ex-
clusion of former Confederate soldiers
from the pension rolls.
In ruling that such soldiers are not en-
titled to pensions. however, the Commits
sioner of Pensions, who was seen by
Times reporter this morning, said that this
case was not a question of the position CT
the bureau, but of the practice OF the In
terror Department, based upon a long line
OF legislation, beginning with section 4716,
Revised Statutes. 1873, as follows:
No money on account of pension shall
be paid to any person OF to the widow,
children, or heirs of any deceased person
who in any manner voluntarily engaged in
or aided or abetted the late rebellion
against the authority OF the United States"
He quotes also the act of March 3, 1877,
which removes disloyalty, in so far as the
above section applies Ito such persons as
afterward voluntarily enlisted in the army
of the United States, and who while in
such service incurred disability from a
wound. or injury CT disease contracted in
the line Of duty
The law of August l, 1892. he also quotes,
allowing pensions to soldiers and sailors
in certain cases, though they had engaged
in rebellion. He quotes in addition the a,D
of June q, 1890, granting pensions to SOL
diers and sailors who are incapacitatei for
the performance OF manual labor, and pro-
viding for pensions to widows, minor chill
dren, and dependent parents; also section
6 of the act January 81. 1887 granting PEN
sions to soldiers and sailors of the Mexican
war, as follows: THAT the provision of
this act shall not apply to any person
while under the political disabilities inn
posed by the fourteenth amendement to
the Constitution Of the United States" and
also to the laws granting pensions to SOL
diers in the Indian wars, "the Secretary
of the Interior to prescribe rules-names
to be stricken from the rolls for fraud,
pension laws in force made applicable, and
section AIS. not excluding persons engag-
ed in rebellion"
The act of March 3, 1875, is still held to
be clear and explicit 1t provides that no
money on account of pensions shall be
paid to any person.. widow, etc., of any
deceased person who in any manner vol
UNFAIRLY engaged in the late rebellion
against the authority of the United States.
This act, it is held, is the real founda-
ton of section 4716 of the Revised Stat
utes, and it's provisions, and remains in
full force.
A bill was introduced at the last session
of Congress by which it was proposed to
exempt claims under the act of June 81,
1890, but this bill failed by the adjourn
ment of Congress.
Under the provisions OF the proposed
act the disabilities of United States vet,-
rams of the Spanish American war, who
also served in the Confederate army.
would have been removed