The National tribune., 1901-05-02
PENSION RULINGS.

CE-MUSTER.-In the pension
ease of the widow of George Griffin de
cision asst Sec'y Campbell, March Ii,
1901 says: at has uniformly been, and
is now, the practice of this DepartmenI,
to accept the facts recited in the official
records of the War Department relative
10 the military history and service Of q, a
toldier as binding and conclusive, nor Will
Evidence be admitted in the prosecution OF
/ pension claim to dispute or controvert
ihe facts stated in said record, and any
,rror therein must be corrected, If at all,
sy the authorities of the War Department.;
hut the legal conclusions and deductions
krawn by the officers of the War Depart
pent from such facts are not, and have
heyer been held to be conclusive and bind
Ing on this Department, although such
eenclusions are very strongly persuasive,
Ind are, and should always be, entitled to
Bic highest consideration and respect. In
The present instance 1t is shown by the
pfneial record of the deceased soldier $ ser
vice, and admitted by the officers of the
War Department, that he was duly en-
listed and enrolled, and regularly mustered
ffto the military service of the United
States by an officer of the Regular Army
detailed for that duty. There was, there
fore not only a proper tender of service
,n the part of the soldier, but an accept
knce Of that service by the Government,
acting by and through its duly authorized
officer and agent, and there is no escape
from the conclusion that the soldier there
BY became and was a duly enlisted man
Ia the military service of the United
Etates, and that his service was performed
as such under valid enlistment, no mat
ter what may have been the character Of
such service, or by what name or ranz
he may have been called or designated.
1t is no sufficient reason for dlsregarding
this soldiers enlistment and service that
he may have been designated as wagon
master at his enlistment and muster-in,
when there was no such military rank
known to the service under the Army Reg
alations, and the persons performing that
duty were usually employed as civilians
and paid by the Quartermasters Depart
ment. He was, notwithstanding, an en-
listed man, and it makes no difference by
what name or supposed rank be was desig-
mated in the service or the character Of
the duties to which he was assigned. Even
II the Army Regulations had recognized
the rank and office Of wagon MASTER it
would have been a non-commiSsioned Of
fee or rank, TO which only an enlisted man
could have been appointed, and the soldier
could not have been properly and legally
enlisted and mustered into service as @
wagon master any more than if no such
military rank had existed; but his appoint
ment thereto must, necessarily, have fol-
lowed his enlistment. 1t can make no pos
kible difference, therefore, that he was
designated on the muster-in roll as a 'wag-
sn master a rank not known to the ser
vice. The fact that duly enlisted man
may have been designated by name and
rank not recognized by the Army Regula.
hons, and detailed to perform certain du
ties usually performed by civilian EN-
ployees of the Quartermaster's Depart
nent, does not render him any less an en-
Ested man in the military service of the
United States, and cannot by any possibl.
construction or course of reasoning affec
his status as a soldier, or put him out o.
the military service of the United States
As a matter of fact, it is shown by re
ports from the office of the Quartermaster
General of the Army, on file with the pa
pears in the case, that the deceased sol
der never was employed and paid by tn
Quartermaster's Department as a 'wagol
master, or civilian employee of any kin,
at any time during his service. Further
more, the record shows that the decesse,
soldiers service was terminated by dis
charge. The muster-out roll of the fiel
and staff of the Both Ind. shows him dis
charged, but does not give the date of hi
discharge. The explanation of this fac
given In the foregoing communication o
the War Department does not in any wa
tend TO indicate that he was not regularl
IN the service, or controvert the fact tha
he was an enlisted man. On the contfar,
IL is direct admission and concession tha
the soldier was an enlisted man, and there
fore it was necessary and requisite tha
he be accounted for on the muster-out ro
OF the organization. If he had never bee
In the military service of the Unite
States, but was merely a civilian employe
of the Quartermaster's Department,
would neither have been necessary nc
proper TO have taken up his name and a,
counted for him on the muster-out roll; bU
his name having previously appeared o
the rolls of the organization as an enlis
ed man, it was required that he be d,