The National tribune., 1902-01-16
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wound received or disease contracted
while in the service of the United States
and in the line of duty, his widow, or if
there be 10 widow, his child or children
under 16 years Of age, shall be entitled to
receive the same pension as the husband
or father would have been entitled to had
| he been totally disabled, to commence
from the death Of the husband or father,
and TO continue to the widow during her
widowhood or TO the child or children un-
! til they seyerally attain To the age of 16
years, and no longer
The seventh section of the act of July
| /, 1864 Q3 Stat. L., 3SSl, is as follows:
That on the remarriage of any
! widow receiving u pension such pension
shall terminate and shall not be renewed
should she again become a widow
Section 4 of the act of March 3, 1860
| Q3 Stat L., 499), being an act entitled
An act supplementary to the several acts
relating to PENSIONS is as follows:
"'That if any officer or other person
named in the first section of an act en-
titled AN Act TO grantpensions, approved
July IA, 1862, has died since the 4th day
of March. 1861. or shall hereafter die by
reason of any wounds received or disease
contracted while in the service of the
! United States and in the line of duty, his
widow, or if there be no widow, or III case
of her death or remarriage without pay
ment to her of any part of the pension
hereinafter mentioned, his child or chill
dren under 16 years of age shall be en-
| titled to receive the same pension as the
! husband or father would have been en-
! titled to under said act had he been total
! ly disabled, to commence from the death
| of the husband or father and to continue
| to the widow during her widOwhOod or
TO the child or children until they sever
ally attain to the age of 1G years, and no
| longer: Provided, That when such pen
sion has been or shall hereafter be paid
to the widow such child or children shall
only be entitled to receive the pension to
commence from the death or marriage of
such widow and (to) continue as afore-
said: Provided further, That nothing
| herein contained stall he construed to re-
peal or modify the tenth section of an act
untitled "An act supplementary to An
act to grant PENSIONS approved July IA,
1862" approved July 4, 1864, and said
section is hereby required to be in full
! force and effect in all cases arising un-
der this act TO which said section is ap-
plicable, saving and excepting such cases
g are embraced in the preceding pro-
1T is beyond controversy that section
2 of the act of July IA, 1862, when taken
| by itself, would give this claimant title
| to pension, said pension 10 commence
! from the death of her husband and to con-
tinue to her during her widowhood. The
seventh section of the act of July 4, 1864,
has no immediate bearing upon the issue.
| but is valuable only in this discussion as
showing that if the soldier left a widow
she would be entitled to a pension, her
! title to fall when she remarked.
Section of the act of March 3, 1860,
appears to provide for another cOntin-
gency, viz, that of the disposition of the
pension in case of the death or remarriasc
a1...,.s - h. g.f
any part of the pension to which she
might have been entitled prior to her
death or remarriage. AS to this, the act
states in express terms:
"Tn case of her death or marriage
without payment to her Of any part Of
the pension hereafter mentioned, his child
or children under 1G years of age shall be
entitled to receive the same. pension as
the husband or father would have been
entitled to under said act had he been
totally disabled, to commence from the
death of the husband or father
The effect Of this act seems to be
plain and unequivocal in that if the
widow remaITies without payment TO her
of any part of the pension to which she
might be entitled, then, if there are chill
dren under 1G years of age, such children
would be entitled to the pension TO the
exclusion, absolute, Of the widow. There
appears TO be no escape from this cOnclu-
sion, and while the claimant had title
when she filed her application on July 10,
1860, yet if she remarked prior to the
payment Of any part Of the pension Ia
which she had title, then her title fails
and the pension must go to the children
THE within widows claim appears to
have been summarily disposed Of on
March 80. 1868. the records showing
Mar. 3O-6S Rejected Remarked. Letter
to attorney Prior to such action. how,
, ,f Tt,I, o. 1900 7
23D, was approved. the sixth section
thereof being as follows:
""That nothing in the fourth section
OF an act entitled "An act supplementary
. to the several acts relating TO pensions,
: approved March 80, 1867, or in any Other
) supplementary or amendatOry act relat
ing to pensions. shall be so construed as
TO impair the right of n widow whose
claim for II pension was pending at tht
date Of her remarriage TO the pension L
which she would otherwise be entitled
: had her deceased husband left no miuo
child or children under the age OF II
q years.
: "While Of first blush this section las
quoted might seem to give the widow ;
| pension after her rcmaIriage, provided
[ her claim was pending therefor at th
? date OF her rcmarriage, yet n careful
! analysis Of the language of the section
: in question appears 10 plainly demonstrate
that the right ot the WIDOW TO the pen
sion, which was pending Mt the date o
c hcr rGmarriaGc, is confined wholly to tn
}. right which she might exercise, provided
j. there were no minor children left bv tn
II soldier. A careful reading of section
q of the act Of July %. 1866, in connection
d with section Of the act of March 2
II 1864. leads the Department TO conclud
that the act Of March 3. 1861, placed tn
J title in the minors, provided the widow
remarked prior TO the payment to he
c Of any part Of the pension to which sh
s might have been entitled. and that til
act of July %. 1866, does not limit sue
;, minors right, but simply provides tha
liz there are no minor children, then tn
y widow may take up to the date Of her re
S marriage.
|, "There having been no further legisla
y tion upon the issue in question until Jul