The National tribune., 1900-02-01

one affidavit was not prepared under the
attorneys personal supervision" 1t is
rare that a claimants witnesses are all
to be found in one locality: commonly they
are scattered over several States. More
over, it would be easy for the Commis-
sioner TO decide that in his opinion the at
| torney had not done his full duty, and SO
refuse the fee, even though the claimant be
perfectly satisfied or expresses no dis
satisfaction with his attorney.
twenty-five thousand" pension claims
on account of the Spanish war have been
filed, and there is every prospect of legis-
latlon that will at least in great measure
rectlfy the present construction OF the
pension act of June 81. 1890 leading to the
granting of more claims under that act
providing nothing be done to prevent the
presentation and prosecution of pension
claim 1t is believed that the amendment
above referred TO will furnish Mr. Evans
with the desired means of keeping down
the pensions appropriation.
Under section 474S, Revised Statutes,
the Commissioner already has full authorl-
ty to furnish to pension claimants all the
blanks and different kinds OF forms that lie
sees fit.
REFUNDMENT TO PUBLIC LAND SET
TLERS.-On the 18th instant the Senate
passed and sent to the House for action a
bill to amend section of the act of June
16, 1880, so as TO read as follows:
llldt III All CASTS Wlltle noIIltSltittl
or timber-culture or desert-land entries or
other entries of public lands have hereto
fore or shall hereafter be Cancelled or re-
llnqulShed on account of conflict, or where,
from any cause the entry has been errone-
ouSly allowed and can not be confirmed,
the Secretary of the Interior shall cause t.
be repaid to the person who made such
entry, or to his legal representatives, the
fees and commissions, amount of purchase
money, and eXcesses paid upon the same
upon the surrender of the duplicate receipt.
and the execution of proper relinqulsh-
ment of all claims to said land, whenever
such entry shall have been duly can
celed by the Commissioner of the General
Land Office; and in all cases where parties
as pre-emptors or homestead claimants
have paid double minimum price for land
which has afterwards been found not to be
within the limits of railroad land grant,
or which is within the limits of any portion
Of a grant which has been heretofore OF
which shall hereafter be forfeited by reason
of any failure upon the part of the grantee
to construct that portion of the railroad
in aid of which such grant was made
which is adjacent TO and coterminouS with
such lands, the excess of SIPS per acre
shall in like manner be repaid, but only to
the entryman who made the excess pay
ment, or TO his executor or administration
for the benefit of the estate: ProUided, That
no claim for any money under this act
shall be allowed unless the same is duly
made and presented to the Department OF
the Interior of the United States within
the period of three years from the date when
such claim shall accrue, or from the date of
the approval of this act: And prOrided
further, That nothing herein contained
shall be so construed as to affect any land
lying within the primary limits of any
railroad land grant where the road to which
said grant was made has been constructed
PENSION APPEALS-PRACTI
the decision in the matter Of Archibald
F. Thomas, attorney, Dec. 16, 1899, First
Assistant Secretary of the Interior Thomas
Ryan has apparently rendered an important
decision on the question of the rights OF
claimant and attorney in rejected claim
for invalid pension under the act of June
y, 1890, after a new application has been
filed. Heretofore, if, after a rejection an
appeal was entered and new application
also filed, the appeal has in general been
dismissed upon the statement of the Pen
sion Bureau that the case had been "re-
opened" The decision referred to appears
to hold that if it appears that the Pension
Bureau simply took action under a new
declaration filed after the appeal was
the appeal should not properly
be dismissed.