The National tribune., 1901-08-22
DEPARTMENT NEWS.

SERVICE-ACT OF JUNE q, 1880.
I'm the pension case of John X. Trout,
under the act of June p, 1880, the sol
der was honorably discharged more than
80 days after enlistment, but 1t appeared
that soon after entering the service he
was taken sick, and, relative offering
to take his place, he was allowed to go
home, where he remained till the COM
pany was ready for muster-out. He then
rejoined and was mustered out, the rela-
tive having performed practically all the
actual service, and the claimant being
with the command only about two weeks
in all. The decision assistant Secretary
Campbell, June 20, -190D says: 1T is be-
lieved that the act of June y, 1880, con-
templates an actual service of at least
80 DAYS in the sense that the soldier or
sailor beneficiary must have been for that
length of time either performing military
duty, or in hospital, or on sick furlough,
or held as a prisoner by the enemy The
language of the act is: All persons who
served 80 days or more etc. 1t would
seem unnecessary to argue that man
voluntarily absent from his command
without leave, or with leave for purposes
of his own business or pleasure, was not
serving his country during the time OF
such absence
MEXICAN WAR SERVICE PEN
SION = COMMENCEMENT OF IN
CREASE UNDER ACT OF JAN. 8,
1S93.-Order No. 375: In fixing date of
commencement of increase of pension unr
der the act of Jan. 3, 1893, the following
rules, based upon the decision of the Sec
rotary of the Interior in the case of Rob
ert Markwood, dated June s, 1901, will
be observed:
/. When all conditions required to give
title under this act are shown to have
existed on and since Jan. ., 1888, pen
sion at the increased rate shall be made
to commence from that date.
2. When the pensioner is shown to have
been wholly disabled at the date of pas
sage of the act, but not in such destitute
circumstances that IS per month was
insufficient to provide him with the neces-
saries of life, the increased rate shall
commence from the day on~which he be-
came destitute, if it be possible to fix the
exact date, otherwise from the filing Of
q declaration after he became destitute.
3. When the pensioner, being destitute,
became wholly disabled after the passage
of the act, the increased rate shall COM
mence from the date on which he became
30 disabled, provided the exact date can
be fixed, as in case of wound or injury
or other sudden and permanent disability.
But if il be impossible to fix the exact
day on which the pensioner became Who'll
ly disabled, the increase shall commence
from the date of filing a declaration af-
Ter he became so disabled, or, if the evil
dence nleu De insufficient 10 SHOW MIN
wholly disabled, from the date of med
ical examination showing such condition.
A pensioner who is IS years of age
shall, in accordance with Orders 1913 and
242, be regarded as wholly disabled.
4. When the pensioner is 10 years Of
age, or more, the increased rate shall COM
mence from the day, after the passage of
the act, on which he became 10 years old,
provided that all other conditions required
to give title under this act are shown to
have existed on that date: provided that
there be no earlier date from which the
increase can be made TO commence.
8. When title is derived from the act
Of Jan. 5, 1893, through the act of April
%, 1900, the above rules will apply, ex-
cept that the increase shall in no case
commence prior to April %, 1900.
[Signedl ii. CLAY EVANS,
Commissioner.
Approved, July II, 1901
[Signedl E. A. Hitchcock, Secretary.