The National tribune., 1900-03-29
DEPARTMENT AND
CONGRESSIONAL NEWS

MARRIAGE AND DIVORCE-EVI-
DENCE.-In the case of the widow of Alex
ander Buchanan, United States Navy, the
Pension Bureau rejected the claim for pen
sion on the ground of the claimants in
ability to prove the death or divorce of the
sailors former wife. The only evidence of
any prior marriage of the sailor was the
record of his marriage TO the claimant, in
which it was stated that he was widower,
and his statement to the Pension Bureau in
response 10 the marriage circular" that he
had been previously married and divorced;
of both of which statements the claimant
was ignorant The decision First As
sistant Secretary Ryan, Feb. 23, 1900
says: "In this case, as already stated, the
only evidence OF prior marriage is the
testimony of the sailor, and this same
testimony shows further that such marriage
no longer subsisted at the time of his re-
marriage TO this appellant-a remaTiage
which subSisted for 25 years, resulting in
the birth of seven children, and was I'M
questioned until after the death of the only
party to it who knew of the prior marriage
and the only party who is known TO have
known of it. Upon this evidence, / am
clearly of the opinion that appellants
marriage to the sailor should be held to
have been a valid one, and she his lawful
widow"
ATTORNEYS FEE-ORDER No. 354.-
In the case of Jacob Paul the attorneys
who should have been recognized in the
case were enormously refused recognition
by the Pension Bureau. and did not learn
of the subsequent allowance of the case
until after January. 1885, and more than
three wears after the certificate issued
Their claim to the fee in the case was denied
under Order No. 354. which provides: Here
after (Jan. IS. 1899 requests of attorneys
for consideration of title 10 fees will not be
entertained unless filed in this Bureau
within three years from the date of issue
u-hich cYtcb faac ara aI, A
further ground for denial Of the fee was that
in the decision of the Department of May
Is, 1899. in the case of John Henry Judd,
il was held that where an attorney ac-
quiesces in the action of the Bureau deny
ing him fee on issue TO allow pension for
a period of one year from the date he is
notified thcreof-that is, fails to enter an
appeal from said action within the year
ne forfeits all title TO fee" The decision
G'irst Assistant Secretary Ryan. Feb. 13,
1900 holds as TO Order No. 354. that "as a
Retrospective measure. il cannot be sane
stroys existing property rights, deprives
an attorney of compensation for services
performed, not through his laches, but by a
rule limiting the period III which he may set
up q claim for his fee, and thereby creates n
forfeiture of his right out of his DELAY
which, prior to the issue of the order, did moi
work a forfeiture. AS 10 the applicability
of the Judd decision. it is held that it mani
festly does not apply TO the case as the
appellants were never notified of the fact
that the claim had been allowed"
ATTORNEYS.-In the decision in the
matter OF attorneys in claims for part-pen-
sion under the act Of March 3, 1899. referred
TO in our issue of March 10, the opinion of
Assistant Attorney-General Van Devanter
adopted rs part Of the decision of the Sccre.
tary, notes that the action Of the Com,
mlsSioner OF Pensions iii refusing recop.
milton TO such agents and attorneys seems
TO have been prcdicated upon the belief
entertained by him that the services ot
agents or attorneys III such cases are moi
necessary, although his letter states tha-
there Will be contest IN nearly every cas-,
arising under the act" The decision also
states: The personal preparation of Tho
essentisl application, proofs and othel
papers Is frequently rendered impracticable
if not impossible, by the claimants or in
terested party's extreme age or youth
limited education, ignorance Of depart
mental regulations and procedure or i'm
perfect understanding of the laws control
ling the particular claim or proceeding anl
fixing the authority OF departmental anC
bureau officers in the premises. In sucl
instances the employment of competen
agents or attorneys becomes prudent if no
Indispensable, and the advantages result
ing from their employment are not con
fined TO their employers, because the propc
preparation and orderly presentation o
such Applications, proofs, and other paper.
conformaby TO law and departmental
regulations tends TO materially facilitat
and simplify the transaction of publ
business"
SPANISH WAR PENSION CLAIMS
Still the Pension Bureau maintains an
parently a state of mastery inactivit,
towards the Spanish war invalid pension
claims. The % 200 claims, more or less
placed on file are for the most part but it'll
advanced towards settlement Vet IN
Commissioner of Pensions processes to be
lieve that they are receiving prompt atten
ton. The newspaper opposition TO thes
claims seems TO be that they smack of frau
for being filed SO soon after the applicants
discharge from service. On the other hand
it seems 10 be held by the same newspape
opposition, that the increased number O
claims filed of late years by survivors of tn
war of rebellion is an indication of fraud 70
being filed so long after the termination O
service. There seems 10 be no satisfyin;