The National tribune., 1903-06-25

not legal. even in that event, these minors
are the legitimate children of the soldier,
because they are made 50 by provision of
the statute of the State of Missouri from
where the case comes and where they were
born and still reside.
.sThe court held in the case of Joseph
s. Buchanan v. Adeline Harvey (S5 Mo-.
216), in a case where a father had chill
dren by tive different Indian women, that
they were legitimate and could inherit his
property-that the statute precludes the
necessity of inquiring into the legitimacy
Of the children.
'.The Supreme Court of that State in an
other case said upon an issue of legiti-
macy, the inquiry is limited to the mere
fact of marriage de facto.' Uucy John
son v. Administrator of John w. Johnson,
deceased, 80 Mo, 72D
in the case of Dyer ct al V. Brannock
(66 Mo-, 39D it was held under the same
statute that children born of Illegal mar
riages could inherit and transmit by de-
riage.
'In the case of Green v. Green ct al.
126 Mo-, 10 it is declared, where the de-
fendant married the decedent in good
faith believing him competent to enter
into such contract. their children are legiti-
mate under the statute. though at the time
of the marriage he had n wife living, such
1T is clear that the law of the State of
Missouri has made the minor claimants in
this case the legitimate children of the
soldier.
''The action of the Bureau in rejecting
the claim of the guardian of the minor
children of Harvey Perkins, deceased, is
accordingly hereby reversed, and the pa
pers in the case are herewith returned for
further adjudication upon the holding that
al, 10
of the soldier"
VETERINARY SURGEoN-PENSIONAB
STATUS.
In the general law pension case of the
widow of Michael J. Treacy, late Veteri-
nary Surgeon, Sth U. S. Cav, the Pension
Bureau held that the claimant was not en-
titled to pension, claimants husband not
having been an enlisted man or officer in
the United States service, but served as
a civilian emplOye." The decision on ap
peal from this holding says asst Secre-
tary Miller, May 26, 1909:
Congress created the Office of Veteri-
nary Surgeon, and under the Regulations
of the Army, the Secretary of War is au-
thoriZed TO appoint the officer hence an ap-
Rointment thus made may be readily dis
tinguished from n contract between the
Secretary of War and civilian.
after a careful review of all the facts
in this case in connection with the laws
creating the Office held by Michael J.
Treacy at the time of his death. the De
partment is of the opinion that he was not
a civilian employee, as indicated in the
official action of rejection of this claim,
but an officer within the meaning of para
graph 1, section 1868, Revised Statutes of
the United States.
1.-The papers are herewith returned for
rehabilitation. Rejection reversed"
INSTRUCTIONS OF APRIL %, 1903.
1t is understood that the liberal prac-
tice in pension cases, as set out in in
structions of the Commissioner of Pen
sions dated April %, 1903, and appearing
in The National Tribune of June II, is to
be continued indefinitely. If fairly admin
istered and intelligently applied, as they
seem likely to be, the instructions will
greatly facilitate the prompt settlement
of claims in which required evidence is
furnished.