The National tribune., 1899-05-25
DEPARTMENT NEWS.
Decisions Ralings etc. Of Interest to Soldiers and Sailors
and Their Heirs.

| PREDISPOSING CAUSE OF DEATH
| In the case of Nancy A. StiveS, widow, it
is held assistant Secretary Davis, Jan.
| 20, 1S99) that where the evidence. lay
and medical. goes 10 show that the cause
for which pension was granted to the
soldier was complicated with n disease
which was the immediate cause OF his
death, the Department will sustain the
| widow $ claim The immediate cause OF
death in this case was Ia grippe: but 1t
| is held that the state OF disability to
which he had been reduced by the cause
| for which he was penSioned seems 10
have almost reached a condition of per
mancnt helplessneSS,' and that ia
grippe, the immediate cause OF death:
only intcrvened in time to close the scene,
and hasten the fatal event so lndubltaply
! forcshadowed by his bent and wasted
form, the melancholy result OF MS mill
tary service
SUFFiCIENCY OF EVIDENCE.-ln the
case of NJ. r. William Grebe it IS nl heid
| assistant Secretary Davis, jan 20, ios'l
that the evidence submitted, Wnlch iiau
been accepted as sufficient TO snow tne
incurrence of hernia, shows as SatlS-
factorily the incurrence OF the other
named results of said fall toi horse on
clainlantI, and will be accepted to es-
| tablish the claim on account OF same.
| NEGLIGENCE.-In the case OF Sarah ID.
| Monty. widow, it is held assistant Secre-
dier's death was due TO his own negli-
gence, although his death was remotely
connected with the service. The soldier
was subject to epieptic fits, due to ms
service, and in the pursuit OF his vocation
as a carpenter went upon the roof oil a
building, where he was seized with fit,
in consequence of which he fell to the
ground and was killed by the fall. Inc
decision says the fact that Pensloned
cause was present as factor in sad
death is subservient to the greater ana
proximatc factor of the negligence OF SOL
dier," and negligence, and not epilepsy
was the proximate cause OF death.
SLAVE MARRIAGE DEPENDENT
FATHER.-In the case of Daniel Bro,
dependent father, it is held lAsslstant
Secretary Davis, Jan. 30, 1889 that as tne
mother of the soldier died in 1868, SIX
years before the slave marriage between
the claimant and herself could have been
ratified under the Constitution OF the
State (MiSsissippD. the soldier cannot De
regarded as the legitimate child OF the
claimant, notwithstanding that II appears
that the claimant always recognized the
soldier as his son, and they appear TO
have lived together, after discharge IN
1866, mutually recognizing the tie OF 1atner
and SON. until the soldier was placed IN
an insane asylum, where he died without
regaininC his reason. This Is another
class OF cases in which the present Ad-
ministration suStainS the law lnterpreta-
ton of the last Administration, and dis
cards views which prevailed until the
first Cleveland Administration. 1t was
evidently the intent of Section 2037 OF the
Revised Statutes TO recognize the offspring
of all slave marriages as legitimate. SO far
as their relations with the Federal Gov
eminent are concerned.
ATTORNEYS FEE-MATERIAL SERV-
ICE.-In the case of Joseph Dronant
it is held assistant Secretary Davis,
March "a, 1897 that if an attorney en-
titled to recognition is called upon for
evidence and furnishes such evidence at
any time before the admission OF the
claim. he is to be regarded as having
rendered material service and as entitled
to the fee, even though the evidence did
not reach the case until after the allow
ance thereof and SO was not actually
considered in the settlement of the claim.
The fact that after the evidence was
called for the Bureau concluded that 1t
might be dispensed with does not defeat
the right OF the attorney to the fee.
NAVAL PAY CLAIMS.-The Auditor for