The National tribune. [volume] (Washington, D.C.) 1877-1917, 1902-04-24

L Il
~. The money benefits granted by sec
tions 1876 and 4151. Revised Statutes
(Section u, Act of March ,, 1860, are nj
lowed by the Secretary of the Navy, who
is, by the express terms of the law, the
sole judge of who is entitled TO receive
them, and the Commissioner of Pensions
acts in relation thereto i'll a purely minis
terial capacity. and only as the authorized
medium for the transmission or payment
of such money benefits to the person GER
titled by the Secretary of the Navy as en-
titled to receive them, his sole warrant fol
making such payments being the certificate
of the Secretary of the Navy. The Com
missioner of Pensions has, therefore, nc
authority i'll law to allow or 10 decide who
are entitled to receive such money benefits
or to withhold the payment of the same
from the persons who have been duly Ger
titled by the Secretary of the Navy as en-
titled thereto.
-. The Withholding by the Commits
sioner of Pensions of the payments of the
money benefit allowed to the deceased
musician. Antonio SouSa. by the Secretary
OF the Navy, under section 4I56, Revised
Statutes, from the date of the commence
ment Of the pension allowed him under the
general pension law, was wrongful and
without authority of law.
Il. The question whether the widow of
said deceased musician is entitled to apply
for and receive said withheld payments
as i'll the nature of accrued pension, or as
assets of the estate Of her deceased hus-
band, is one which the Commissioner of
Pensions has no jurisdiction or authority
under the law TO determine. but the dccis-
ion of such question rests exclusively with
the Secretary of the Navy, TO whom ap-
plicatiOn should be made.
%. The decision of this Department in
this case of Aug. -, 1901, is hereby va
Gated and set aside"
ENIDENCE-RES JUDICATA.-In
the general law pension case Of the minors
of Daniel VI. Easley, it is held asst Sec
rotary Campbell, Feb. IA. 1902 that THE
service origin of the soldiers fatal disease
having been admitted in the case of the
widow after special examination, the re-
lection of the minors claim on the ground
that the evidence was insufficient to es-
tablish such origin is held TO have been
error"
The widows general law pension claim
was allowed in January, 1897, after special
and made TO terminate with
the date of her remarriage in 1881. The
children applied for general law pension
in their own right in March, 1897, after
the allowance of the widows pension.
Their claim was rejected by the Pension
Bureau in November, 1900, on the ground
that the evidence failed to show that the
disease of lungs of which the soldier died
was in any way due TO his military serv-
ice. An appeal from this action was taken
on the ground that service origin of the
soldiers fatal disease was established in
the widows claim.
The decision says:
mo new facts have come to light since
the widows claim was allowed. Upon the
same evidence the judgment of the Bureau
in 1897 was that the origin of the sol
dier's fatal disease in the service was
proved and in 1900 that it was not proved,
and because of this difference of opinion
the minors are denied pensionable rights,
while the title of the widow has been con-
ceded.
The evidence has been examined with
sufficient care to ascertain that it afforded
reasonable ground for the judgment rem
dered in 1897 in the case of the widow.
1t is readily perceived that there might
be an honest difference of opinion as to
whether said evidence established the serv-
ice origin of the soldiers fatal disease or
not, but the question having been adjudi-
Gated, it should not, i'll the opinion of the
Department, have been subsequently re-
opened III connection with the minor $
claim. Public policy and a due regard for
the rights of claimants require that there
shall be, at some time, final decision and
an end to litigation. Where an invalid
pensioner has died of some disease or dis
ability for which he was pensoned, it
would be a manifest hardship to require
his widow to reopen and prove his title de
noyo in order TO establish her own right
to pension; and the same objections apply
to requiring minor to prove title in the
widow. Not only would such a rule of
practice work great hardship and injustice
to claimants, but it would also greatly in
crease the work Of the Bureau and result
ing expense to the Government in the ad-
justment Of claims.
'Of course, where fraud is shown, or a
plain mistake of fact, or error of law, the
case would be different. But, in the alb
sence of such showing, the Department is
clearly of the opinion that matter of fact
which has been admitted as proved in the
claims Of soldier or his widow should
not be called in question under Subse-
quent application filed by the person who
succeeds to his or her pensiOnable rights.
The action appealed from is reversed and
the claim of the minors remanded for your
further consideration"
DEATH-CAUSE-A OF JUNE
p, 1S9O.-ln the widows pension claim
under the act of June 81 1890, of Susan
Smith, it is held asst Secretary Camp
bell, Feb. II, 1902 that soldiers death
was caused by claimants voluntary, I'M
lawful and felOnious act, for which she
was indicted, tried, and convicted of muir
der, and was sentenced therefor to i'm
prisOnment for life, but was pardoned
after serving u years. She is not there
fore, entitled to pension under the third
section of the Act of June q, 1890, on ac-
count of the death of her husband, caused
by her own wrongful and unlawful act"
The decision says:
There appears to be sufficient evidence
of the indictment, trial and conviction of
the claimant upon the charge of the muir
der of her husband; also, that after I'M
dergoing u years of Imprisonment she
was pardoned, not because Of subsequent
discovery that she was innocent of the
crime, but because it was the opinion OF
the Governor that she had been sufficient
~ punished.
Whatever may have been the motive
that prompted the murder in this case, 10
allow the widow a pension would be in
effect permitting her TO reap the advan-
tage OF her wrong and putting a premium
on murder. No reason appears for dis
turbing the action of your Office, which is
accordingly affirmed"
SERVICE-ACT OF JUNE 81, 1890.
In the claim for invalid pension under
the act of June q, 1890, of John G.. Mu-
lick, II appeared that the claimant enlisted
as landsman in the L. S. Navy on April
q, 1860, and was discharged April 3, 1868
For more than 80 days subsequent TO en-
listment he served in the Mississippi gun
boat tiOtilla. His claim was rejected by
the Pension Bureau in August, 1899, on
the ground that he did not serve 80 DAYS
in the war of the rebellion