The National tribune., 1900-07-26

J.. O., Hixburg, Va.-If an applicant
for increase is certain he was recommend
ed for increase by the Examining Sur
geons, and yet was rejected by the Fen
sion Bureau on the ground that he IS re
ceiying as high q rate as he is entitled to
under the law under which pensioned,
there would seem to be good grounds for
appeal The claim being based on in
crease of pensioned disability, the appeal
should be entered within three months af-
ter the rejection. The act of March 8,
1885, while saying that applicants for
pension shall be presumed to have had
no disability at the time of enlistment,
says also that such presumption may be
rebutted."
+. A., LeRaysvilIe, n. Y.-If the in
valid pensioner had Il claim pending or
rejected at his death, his widow might
further prosecute and complete his case;
but the mere fact that he could have got
ten all increase if he had applied for it
does not entitle her to make claim for such
increase. The 81 rate allowed under the
act of June %, 1890, by order No. 241 of
Sept. 2, 1893, TO those invalid pension
claimants under the act who are 10 years
of age is not allowed without an appll-
cation being made therefor.
J. S., Sancho, w. Va.-Under instruc-
tions of the Secretary of the Interior to
the Commissioner of Pensions, dated July
Z, 1900, the new pension act of May .,
1900, will be applied to all claims for pen
sion or increase of pension under the act
of June %, 1890. that were pending mot
rejected at the date of the new act.
Widows, to get the benefit of the new act,
must file new application If the claims
heretofore filed have been rejected on the
ground of mon dependence" or, if, in the
pending cases, they have an income of
-,r--,.r rry.4r -v-r.-
ferred to declare that .'in legal effect no
change in meaning is wrought in section
of the act of 1880 by its enactment, the
only purpose of which was to remove any
remote justification of the section Of the
same or succeeding officers Of the Pen
sion Bureau"
]. W. NJ, Woodsocket, R. IAN act
of March . 1889, is the general law for
removal OF charge Of desertion from army
Unless he has an honorable discharge
from service the soldier could not gain ad-
mission to the National Military Home.
l.. G., Eli, W. Va.-If by special ex-
anliner' you mean physician who has
made special medical examination OF
you, it is quite likely that his report will
be revised" All reports of Examining
Surgeons and of Special Examiners of the
Pension Bureau are subject to revision or
to rejection. A case ought to be reached
for action in the Pension Bureau within
six months after medical examination, but
this may not be relied upon. Eighteen
dollars is used as basis of rating for all
degrees of disability less in degree than
disability equal to the loss of hand or
foot, in accordance with section 1883, Re
yised Statutes (Act of March 3, 1873,
which provides that 'the rate of SIS per
month may be proportionately divided for
any degree Of disability established for
L. Il. ,-prs.-y
Thus we have disabilities rated at 6-1S,
S-1S and the like.
p. n. F., Worcester, Mass.-Address
the "Chief Of Record and Pension Office,
War Department, Washington, d. G" in
the matter of correction OF military record
of war Of rebellion service.
L. 81. J.-See response to p. II. F.,
above. II the soldier left the service af-
ter May, 1865, and had served faithfully
ut least six months before said date, an
honorable discharge could be secured.
R. e. NJ, So. Canaan, Pa:-lf the sol,
nier died Of disability for which pensioned
under the general law, the widow can Sc
cure pension under general law without
regard to date of marriage. If he was
pensioned as Second Lieutenant the wild
ow would receive SIS per month, with
81 additional per month for each child
of the soldier under 1G years Of age.
The bill to provide payment for overtime
to certain Government employees has not
become law.
C. II. F., Sandwich, Ill.-The follow
ing is the act of April ii, 1890: THAT
the Secretary of War and the Secretary
of the Navy be, and they are hereby, au
thoriZed and required to issue certificates
of discharge or orders of acceptance of
resignation, upon application and proof Of
identity, in the true name Of such persons
as enlisted or served under assumed
names, while minors or otherwise, in the
army and navy during the war Of the re-
.bellion, and were honorably discharged
therefrom. Application for said certif
Gates Of discharge or amended orders of
resignation may be made by or on behalf
of persons entitled to them; but no such
certificate or order shall be issued where
a name was assumed to cover q crime or
TO avoid its consequences.
A person who enlisted under an as
sumed name to avoid the consequences of
desertion from former enlistment is held
not to be entitled to a discharge in his
true name. If it can be shown to the
satisfaction of the War Department that
the soldier is the identical person who
served under the name by which he was
known in the service, and his explanation
of his serving under such name can be
substantiated, new discharge in correct
name can be obtained, and upon notice
OF the action of the War Department, the
Pension Bureau will doubtless issue q
new pension certificate in correct name.
Subscriber, Neodesha, Kan.-The pen
sion act of May 8, 1900, has no reference
to pension claimants under the general
law.
G. ]. L., Silo, /. T.-Your question as
70 what amount Gn years. of service is
required to entitle the soldier or widow
to bounty is too general. Please state
your case.
Il. NJ, Elmira, n. Y.-An appeal to the
Secretary of the Interior will not inter
fere with your drawing the pension which
Il not in question.
]. w. B., Smithville, Ono regulars
Of the army in the Spanish Philippine
war are entitled to extra pay under the
act of March 3, 1899, unless enlisted "for
the war" after April 26 and before Oct
20, 1898. The fact that the discharge
was for disability would not bar title TO
the extra pay.
j. P. F., Hoosier, Ill.-If you consult
section 1900, Revised Statutes (see page
84S of the National Tribune Soldiers
Handbook you will note that the trans
portation and subsistence from place of
discharge TO place of enlistment was com
muted only when the Government has not
furnished transportation and subsistence
In kind. The Government has uniformly
reserved the right to transport and sub