The National tribune. [volume] (Washington, D.C.) 1877-1917, 1902-11-20

her if she was willing to come and live
with him. and she had refused, threaten
ing him with arrest if he did not go away.
The decision asst. Secy. Campbell, July
IS. 1909 says:
Even assuming that pensioners offer
10 resume marital relations was made in
good faith, fact not proved, claimants
refusal to live with pensioner Stree the
allowance of her claim. would not alone
justify reversal of the Bureau action
appealed from, for the reasons. first. that
her refusal may have been legally justified;
and, second, her refusal to resume marital
relations with pensioner il not legally
justified would not change the status of
the case at the date of the adjudication.
Where the course or conduct of the
wife. subsequent TO the allowance of her
claim by the Bureau. is relied upon to
show that the Bureau action should be
changed or modified, the application for
relief should be first made to the Bureau.
NO valid reason appearing for reyers-
ing or modifying the action appealed from.
the same is accordingly affirmed
DEPENDENT FATHER-MOTHER
SURVIVING-PENSI TITLE.-In
the pension claim of David Dyer as de-
pendent father of Clarence Dyer, the con-
tention of claimant was that the mother
Of the soldier, though living, was not de-
pendent and therefore not entitled. and
that his title as father arose as though
the soldiers mother had not survived. The
decision tAsst. Secy. Campbell, July II,
1902 says:
The question is not in the present case
as to whether Congress in cases like this
intends to bar a dependent father simply
because soldier had mother living who
is not dependent. This claimant cannot
be barred of his right for the simple rea-
son that he never had right as claimed.
n ..tr t,,tN s.
alleged dependent father is clear and un-
ambiguous. He has no right whatever
during the lifetime of the mother, and this
solely for the reason that the statute does
not grant him any right. His right is not
barred by implication, inference. or pre-
sumption. but he is denied a status for the
very cogent reason that the statute. so
long as the mother of the soldier is living,
does not give him status.
''Fhe claimant not having any status
in The law, his claim was legally rejected.
Action affirmed"
DEATH CAUSE-PATHOLOG
CONNECTION.-In the general law pen
sion case of the widow of Joseph Tibbetts
it was held by the Pension Bureau that
the soldiers death from apoplexy was not
due to any pensioned cause. The decision
on appeal asst Sec'y Campbell, Aug. Z,
1902 says:
1.-The Department has had occasion to
state in other cases involving cerebral
hemOrrhage that it appears to be a path
illogical fact that the morbid condition
underlying such an accident. which is not
due to an injury of the skull, is invariably
disease of the blood vessels of the brain,
and that it was impossible to rupture
healthy artery by any ordinary physiology
cal or pathological disturbance, and that
consequently the fundamental facts COLI
corning the pathology of cerebral hemor
disease
1.-The author quoted says that "eere-
bral hemorrhage may be brought on by
long continued operation of Il cause" such
as. for example, disturbances in the respi-
ratory Junction. by asthma.
In the case of Mary f. Dolan al p.
D.. 62D the Department held that
When it is shown that a disability of
service origin was predispOslng factor
in the death cause, although so connected
with other causes that the particular or
specific contribution of each disease in the
actual cause of death is not determined
from medical standpoint, then such dis
ability may be accepted as the cause of
death, provided the evidence shows that
the service disability was so great con-
tributng factor that but for such service
disability death would not have ensued
"Of course it may be said that the ar
terieS of the soldiers brain did not be-
come diseased By reason of asthma or by
any other cause for which he was pension
ed, but it is certain that intravascular
pressure can be so much increased by a
paroxysm of asthma as to cause the rup-
ture of an already diseased artery. 1t is
stated by the attending physician that the
soldier was suffering at the time of the
cerebral hemOrrhage (apoplexy) with an
unusually severe attack of asthma In
other words the asthma was menace to
life under such circumstances, namely,
arterial degeneration. And. furthermore,
there is nothing in the case to indicate
that the disease of the arteries of his
brain would probably in itself have proved
fatal.
'The adverse decision in this case is ac-
cordingIy reversed