The National tribune., 1900-11-08
DEPARTMENT AND
CONGRESSIONAL NEWS.

MARRIAGE -PRESUMPTION.-I
lhe pension case of the widow of Ernest
Koschwitz it is held asst Secretary
Campbell, Oct. u, 1900 that There be
ng nothing whatever in the evidence tend
ng to show this soldier was ever married
prior to Ills formal marriage to claimant
N 1856, at which time he was 66 years
IF age, and the testimony showing that
from the time of his discharge from serv-
ce in 1864 until such marriage he was al
ways considered a single man, her mar
.iage to the soldier must be presumed to
lave been valid, and the burden of proof
If its invalidity is upon the Government"
The case was rejected by the Pension
Bureau on the ground of Claimants de-
.lared inability to prove that soldier had
aot been previously married Che being 66
fears Of age at date of her marriage to
him), and hence that she is his legal
widow"
Assistant Secretary Campbelrs decision
Tays: 'The rejection of this claim is clear
" erroneous on the facts. There is not
The slightest evidence in the case, nor any
suspicion, for any reason, that the soldier
was ever married prior to his formal mar
riage to claimant in California in 1886,
shown by record evidence thereof. Not
only this, but the minister who performed
the ceremony stated in his official return
that upon due inquiry there appears to be
his return shows accordingly that soldier
was not married before and that claim
ant was a divorce from a Mr.. Blind; and
there is also testimony by acquaintances
of the soldier covering nearly the entire
period from his discharge to his death to
the effect that he was always known, prior
to his marriage to claimant, as a single
man.
''The adverse action in this case ap-
pears to have been based solely upon the
fact that the soldier was &C years of age
at the time Of his marriage to claimant
coupled, perhaps, with the further fact
that he was a foreigner and might posi-
bly, have been married before he came to
this country or before his enlistment in
there is no evidence whatever.
There is no warrant, however, for any
suppositlon of a prior marriage, and it
is not incumbent upon a claimant, in the
absence of anything whatever to indicate
the invalidity of her formal marriage, to
produce the negative testimony required
by the Bureau of Pensions in this case
The claimant is entitled in such a case to
the usual presumption in favor of the val
idity of such marriage, and the party who
denies its validity has the burden of prov
ing that it was not valid. Uizzie Yates,
10 z. D., 446.)"
''The rejection of this claim on the
sbdltO was CLEARLY erroneous ana
is reversed. You will readjudicate the
claim accordingly"
REJECTED INCREASE CLAIMS
LlMITATlON.-In the increase case of
Jonathan Kinsey, it is held asst Secre-
tary Campbell, Oct. 16, 1900 that ''The
rule of limitation for reopening rejected
increase claims in cases where an appeal
was filed before the rule had run is sus-
pended during the period from the date
Of filing the appeal and the date of the
decision of the Department thereon" The
case was rejected Aug. q, 1897, and ap-
pealed Sept. IA, 1897; the rejection was
affirmed April q, 1898, and on May II,
1898, additional evidence was filed in the
Pension Bureau TO reopen the case The
Pension Bureau declined to consider the
additional evidence on the ground that il
was filed more than three months after the
date Of the notice OF rejection. (Order
1872, dated Feb. "A, 1881 The decision
says: I'm my opinion the 80 days referred
TO in the rule Of limitation was suspended
during the period from the date of filing
the appeal and the decision of the Depart,
ment thereon. In other words, the period
between the date of filing the appeal,
Sept. IA, 1897, and the date of the de
partmental decision of April 81. 1898
should not be considered under the 9O-day
limitation. So only "a days of the period
Of the Limitation prescribed by the rules of
pEaCllCe Hdu run when lne evidence to re-
open was fled"
DEATH CAUSE-MEDICAL REF
EREE.-In the case of the widow of
Gottlieb Kaufman asst Secretary Camp
bell, Oct. 16, 1900 the opinion of the Med
ical Referee of the Pension Bureau is held
to be outweighed by the medical evidence
In the case. The soldier died from the re-
suits of surgical operation, undergone
to cure or relieve pensioned disabilities.
The Medical Referee held that the oper-
alton was carried to an extent that was
unnecessary and so occasioned the condi-
tions resulting in death, and that as the
operation to the extent that it caused or
led to the fatal conditions was unneces-
sary, the soldiers death was not due to
pensioned causes or otherwise due to sery-
ice and line of duty. The decision saws:
'"The question here arises, Who is the
most competent to pass upon the necessi-
ty for the operation as performed, the
Surgeon performing the operation or the
Medical Referee?
'"The Surgeon is reported by the Special
Examiner 'as graduate, has a large prac-
tice, and stands well professionally and
socially There is nothing in the evidence
to show that he was not skillful or that
ssreEzsf - ~ fEg