The National tribune., 1901-06-20
PENSION POINTERS.
Inquiries Answered and Sugges-
tions Made.

n. b.. Rural. Ill.-Brothers and sisters
applying for pension since June ~, 1881
must be under 1G at date Of filing appli
cation.
J. NJ. Bridgeport, Ohio-If no children
under IL survive a deceased widow-pen
sioner. the accrued pension can be col
lected only i'll case the deceased left in
sufficient means TO cover expenses of last
illness and burial.
W. T. H., Lima, Ohio.-Increase of
pension on pension disability commences
from date of medical examination, not
from date of filing application.
H. c., West Charleston, Vt-The
widow of a deceased invalid penSiOner is
entitled to his accrued pension without re-
gard to what property he left. If there
be no widow, then his children under IL
are entitled TO the accrued pension.
L. S, Ogden, Utah.-A pensioner does
not forfeit his pension by conviction of
and Imprisonment for an Oifcnse against
the laws Very likely it would bar him
from practicing as an attorney before the
Pension Bureau.
G. NJ, Denver, Colo.-The law of Jan.
u, 1899, it is believed, entities honorably-
discharged Philippine war volunteers Of
1899 to the two months extra pay pro-
yided by that act, though only the Spanish
war volunteers of 1898 were in mind when
the law was enacted. The Comptroller
of the Treasury holds that the law ap-
plies only to the class for which it was
intended, and the question will probably
be submitted TO the Court of Claims.
\. c., Coopersville, Mich.-The attor-
neys fee in a claim for increase on pen
stoned disability lis 81; in Il claim for in
crease or new disability Ii. e., disability
not included in the certiicate) the fee is
$40, or not exceeding $50 if agreements
are filed. By act of March 2 1895, the
are filed. BY act of March =, 1895,
a decreased dependent fathers ac-
crued pension is not payable to his
widow. No payment is made of the ac-
crued pension except to the person pay
ing or responsible for the expenses of last
illness and burial if the pensiOner left IN
sufficient means to cover those expenses.
Subscriber, National Military Home,
Va.-An invalid pensioners wife could
not obtain half his pension under the pro-
visions of the act of March 3, 1899, unless
he had actually deserted her against her
will and consent. A separation by mutual
agreement would not constitute desertion
ON the part of the penSi0ner. The pro-
vision of the act of March 3, 1899, re-
ferred to, is not regarded as in conflict
with section 4747, Revised Statutes, which
protects pension money from legal and
equitable processes of the courts while in
the hands of the Government paying Off
GERS OF in transit to the pensioners. The
wife must make a strong prima facie case,
including proof that she is the pensioners
legal wife. She is also required to SUBJ
stantiate by corroborate evidence her al
legation as to the fact and period of deser-
ton, her good moral character and her
necessitous circumstances. The follow
ing are the precise terms of the provi-
sion: THAT in case resident pensloner
of the United States shall for period of
over six months desert his lawful wife, she
being woman of good moral character
and in necesSitOus circumstances, or, If
he have no lawful wife, shall desert his
legitimate minor child or children under
16 years of age, or his permanently help
less and dependent child, the COmmis-
sioner of Pensions is hereby directed, upon
being satisfied by competent evidence of
such desertion, to cause one-half of the
pension due or to become due said pen
sioner during the continuance of such de-
sertion to be paid to the wife, or in case
there is no wife, to the legal guardian
of the child or children; Provided fur
ther, That when a soldier or sailor enters
into q State Home for Soldiers or Sailors
as an inmate thereof, one-half of his pen
sion accruing during his residence therein
shall be paid to his wife, she being
woman of good moral character and in
necessitous circumstances, or II there be
no wife, then to his child or children
under 16 years of age, or his permanently
helpless and dependent child, if any, un-
less such wife and children shall also be
inmates of the same institution or of
some home provided for the wives and
children of soldiers and sailors; Provided
further, That if any such pensioner is or
shall become an inmate of National
Soldiers Home one-half of the pension
drawn in his behalf or to which he may
become entitled during his residence there
In, shall be paid by the Treasurer of that
institution to such pensioners wife, she
being in neceSSitous circumstances, and q
woman of good moral character, or, if
there be no wife, to the legal guardian
of the minor child or children, OF the per-
manently helpless and dependent child or
children of said pensioner, ON the order of
the Commissioner of Pensions; Provided
further, That hereafter no pension under
any law of the United States shall be
granted, allowed, or paid to the widow
of soldier, sailor, officer, naval or mill
tary, marine, marine officer, or any other
male person entitled to pension under
any law of the United States, unless il
shall be provided and established that the
marriage of such widow to the soldier,
sailor, marine, or other person on account
of whose service the pension is asked, was
duly and legally contracted and entered
into prior to the passage of this act, or
habited with such soldier, sailor, officer,
marine, marine officer, or other person con-
tinuously from the date of the marriage
TO the date of his death, or unless the
marriage shall take place hereafter and
prior to or during the military or naval
service of the soldier, sailor, officer, ma
rine, or other person on account of whose
service the pension is asked or claimed.
This proyiso shall not apply to or affect
the widow of any soldier, sailor, marine,
officer, or marine officer serving, or who
has served in the war between the United
States and the Kingdom of Spain.
I'm all cases the questions Of desertion,
entrance into a home, necessitous crcum-
stances, and of good moral character shall
be ascertained and determined by the
Commissioner of Pensions under such
rules and regulations as he shall prescribe,
and the Treasurers or Governors OF the
several Soldiers and Sailors Homes shall
be advised of such action from time to
time"
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