The National tribune., 1901-07-25
PENSION POINTERS.
Inquiries Answered and Sugges
tiOHs Made.

P.J. c., Veterans Home. Calf you
refer to war of 1S61-'5 service and the
records of the War Department, you will
have to have a special act of Congress
to have record made or corrected. ii
your attorney cannot secure acton on
your teiayed pension case, probably the
member of the United States House OF
Repre- Sentatives from your Congressional
District can help you secure action, If you
will write him, giving the number of your
case.
G. W. H. Lamont, Mich.-It does not
matter what is the nature or character OF
the disability; if the child Is so disabled
that il cannot perform any effective labor
and thereby earn n support, 1t comes un-
der the permanently helpless" provision
of the act of June %, 1890.
G. O., Kansas City, Mo.-Ihe act or
April %, 1900, provides: m
That the benefits of the act entitled
An Act granting increase of pension TO
soldiers of the Mexican War in certain
cases. approved Jan. ., 1893, be, and
they are hereby. extended TO all surviv-
ors of the Mexican War who are pen
sionable under existing Mexican War
service pension laws, and who have be
come or may hereafter become wholly
disabled for manual labor and in such
destitute circumstances that SS per
month are insufficient TO provide them the
necessaries of life, irrespective of the
date of the granting of the said service
pension"
n. A B., Fourche a Renault, Mo-
The holding of the Pension Bureau in
your case evidently is that all your disa-
bilities, those of proven service origin and
those not, are not sufficient to entitle you
to receive under the act of June -, 1S9O,
more than you already receive under the
1o, A..nr,linp fp rhn official
view Of the act of 1890, which has pre-
vailed since May, 1898, you would have
TO be so completely disabled as would
entitle you TO $50 per month or more un-
der the general law in order 10 obtain
the S12 rate under the act of 1890.
A. G. P, Stevens Point, Wis.-The
act of Dec. 81, 1893, contains the follow
ing: provided, That any pension here
tofore or that may hereafter be granted
to any applicant therefor under any law
Of the United States authorizing the
granting and payment of pensions, on ap-
plication made and adjudicated upon,
shall be deemed and held by all officers
of the United States to be a vested right
In the grantee TO that extent that pay
ment thereof shall not be withheld or sus-
pended until, after due notice to the
grantee of not less than 80 days, the Com
missioner of Pensions. after hearing all
the evidence, shall so annul, yacate, mod
ify and set aside the decision upon which
such pension was granted. Such notice
to grantee must contain a full and true
statement of any charges or allegations
upon which such decision granting such
pension shall be sought to be in any man
ner disturbed or modified" There is no
other vested right law thar this.
Dayton.-If, as appears from your
statement, your case is on appeal before
the Board of Pension Appeals of the In
terror Department, you will probably not
hear from the matter before 1903. The
Board is from 2S TO 80 months behind
at this time and steadily losing ground.
20 that it win very likely be three years
from the fling of your appeal before the
case Is reached and decided.
o. G. J.-If only in Europe temporarily
O pensioner would continue to draw
through the same United States Pension
Agent as before; but if removing there
permanently or for an indefinite period,
be would probably be paid through the
United States Pension Agent at Wash
ington, D. c.
w. Y. F., Ohio-It is not clear what
u the state of the case upon which Tou
ask advice. What is called a common
law marriage does not need to be proven
BY public record, marriage certificate or
the like. A separation by mutual con-
sent would debar the wife from obtain
ing one-hslf the soldiers pension under
the act Of March 8, 1899.
Old Subscriber.-SOldiers discharged
within three months after enlistment for
disability which existed before enlistment
are not entitled to pay and allowances
for term OF service. Even If the period
Of service exceeded three months. nothing
could be collected in the absence of an
effcial United States record of the ell
hstment. Until March 3, 1863, there was
no Official United States record made of
the enlistment of volunteers not after
yards actually mustered into United
States service. By decision of the Sec
yetary OF the Interior rendered May 23
1889, it was held that the SIS rate ceased
as q matter of law March 3, 1888, and all
those invalid pensioners drawing SIS at
the date of the decision were thereupon
either increased to S24 or reduced 10
81, according to their condition. II it |
can be shown to the satisfaction of the |
Secretary Of the Interior that the claim
ant In pension case pending on appeal |
10 Ill and In imminent danger Of death, or
Ii In destitute circumstances and depend |
ent for support upon charity, the appeal
will be made special. OF course, the !
fScts must be shown by sworn affidavits |
6f persons personally acquainted with the |
facts, and those affidavits must show that |
they are in position to personally know |
the facts.
Nj. T.. Alva, Okla.-Neither age nor dis |
ablement from age is pensOnable under |
the general law, because the general law |
relates only TO disability due to service |
and line of duty. Pension for hernia may |
be increased where the hernia has in
creased in extent so as TO be no longer re- |
tainable by a truss.