The National tribune., 1899-04-27
PENSION POINTERS.
Inquiries Answered and Sug-
gestions Made.

IAN communications for this column should
II accompanied by the true numc and correct
address Of the inquirer The reply. however
will be marked MS may be desired. Noattcntiof
Will bc given 10 anon ymous inquiries. 1t no re-
ply is printed within six weeks. write againl
A. II. r., Independence, Wis.-Prob
ally YOU can properly file a claim for in
crease on pcnsioned disability winnie YOU
appeal is still rcnding in your claim io
restoration of your former rate from the
date il was cut down. If any person has
sworn falsely in relation TO your pension
matter, to your injury, you doubtless have
right ni action for damages, as to which
consult local counsel. The Revised Stat
utes make provision for perjury in pen
sion matters, ard you might possibly be
able to secure criminal action.
f. ii. e., Charlev.ix, Mich.-lf n charge
of desertion regarded by the Pension Bu-
reau as a bar 20 pension were removed by
special act of Congress, pension under the
act of June 81, 1850, should commence
only from the date of filing of a new apph'
cation after the removal of the bar.
C. A. MA widow -pensioner IS en-
titled TO have her pension restored from
the date of last payment, if she finds that
her remarriage was void because her sec
ond husband had wife living and un-
divorced 1t does not matter how long a
time has elapsed since she was dropped
from the r,ll.
J. II. A., nley, Pa.-The Commissioner
of Pensions may lawfully reject any pen
sion lin in which evidence shows 10
his satisfaction that the disability ciaim-
ed on existed at enliStm ent ana 50 was
not incurred in service and line oil ou,y.
He may properly investigate on that p1llit
if there appears reason for bellel 'h"'
the di stability existed at enlistment.
b. b. S.-If pensioners check arrived
after his death, his next heir or legai
representative would be entltlea 10 .,!e
same, whether it was returned 10 uie
Pension Agency from the postoiilce OF no..
Authority to indorse it would nave 10 DE
obtained from the Auditor for the Interior
Department, at Washington. If Tie oriei-
nal check has been cancelled, anothet
check can be obtained through the Audi-
tor.
c. W. r., HORIZON, Wis.-Applicatlons
fer the additional bounty under the act oi
.July 2S. 1866, must have been filed before
July 1, 1880.
J. W. j., Canonsburg, Pa.-lt is prop,
ablv useless to expect any addluohai
Legislation such as purely servlce-pen.
sion law. The son OF the soldier cannot
take up land as agent or representative oi
his father.
/. w. K, Boulder, Colo.-Rates OF IN
valid pension under the general law may
be less than Sc for periods anteoatihe
March 2, 1895.
Hawkeye.-You would not have to re.
fund the amount OF pension received
under the act OF June q; l4av, .;;,@ Su%
should hereafter obtain higher raufie
under the general law, except to the ex-
tent that YOU cannot have two pensions
for the same period. You could nave the
benefit of the difference between the TWO
ratings over the same period, but not lie
full amount OF both ratings: foi ilhs.aiiee,
if YOU had been drawing SS under the act
of 1850 and obtained a rating OF slo uhder
the general law, you could not nave the
SIS and the $40 over the same penod, put
could have the SS and So additional.
b. NJ. v, North Fork, Mo.-There has
been introduced i'll Congress at leasl one
bill providing for the pensioning by the
u. S. Government of ex-slaveS. IL Is
understood that there is an association
having in view the securing OF such a
law, but the money contributed is pfacu-
cally thrown away, as there Is no Pfopa-
bility OF any such law ever oelng ehacteo.
Commencement-Inv Pension, Act
of June 81, 1S90.-In the case OF Preston
NJ. Rohn decision important to clam.
ants of invalid pension under lhe ACT OF
June q, 1890, is rendered Assistant sec,
retary Davis, Dec. 81, 1888. 1t IS held
that "Whenever a claim for pension under
the act of June q, 1890, has been, or
shall hereafter be, rejected, suspended,
or dismissed, and a new application shall
have been, or shall hereafter be, allowed
in such claim, such pension shall date
from the time Of filing the first appllca-
ton, provided the evidence in the case
shall show a pensionable disability to
have existed, or to exist, at the time oi
filing such first application, whether
claimant has invoked the aid OF the act
of March q, 1885, or not" Thus, II
prior application has been rejected,
Subsequent application entities the
cl IN, h 1pn such rejection reviewed,
even though his second application does
not especially invoke the provision quoted
of the act of March 6, 1896, by specifically
claiming pension from date OF iormer ap-
plication.
Election n.-"Claimant being in receipt of
a pension under the act of June q, 1880,
his claim under the general law having
been subsequently admitted, it was final
ly rejected on the ground OF no benefit,
and claimant was notified OF such relec-
ton, but not Of the fact that IT had been
admitted on its merits.
Held, section 41l5 vests the right OF
election in the pensioner alone, and said
right is not lost, limited, or qualified by
the opinion of any other person as TO
whether or not payment under the gen
eral law would be beneficial. The latter
part of the first pI0yiSo of section 2, act of
June q, 1890, expressly reserves the right
OF one entitled TO the benefit Of said act to
receive his pension under the genera
law, if his claim under such law is
proved. 1t is for the pensioner, under
such circumstances, TO make election, |
and he should be notified of the right TO
do so, issue Of certificate under the gen. !
eral law being withheld until choice is
made by claimant. assistant Secretary
Davis, Dec. I, 1881
Widows Dependence, Act of June q,
1S90.-In the case OF Iihoda a. Gass it is
held assistant Secretary Davis, Oct. II,