The National tribune. [volume] (Washington, D.C.) 1877-1917, 1903-04-16

burst the 'thln wall between the locus
and ventricle and caused the symptoms of
perforation of an abscess, exactly as above
described. and were also diagnosticatsd
during life as rupturcd foci If. however.
the antcccdents of the patient are not ac-
curatcly known, the differentiation here
is impossible.
eff the abscess purSues n typical
course: and il it can be accurately fol-
lowed from the beginning. it is of course
impossible TO mistake it for ap0plexy and
embol:-a.'
THE Department quotes this authority
to show that in cases where the antecc-
dents are not accurately known Il rap
ture Of chronic abscess of the brain can
not be differentiated from a cerebral
hemorrhage, apop!cxy.
The attending physician of the soldier
had not accurate knowledge Of the case
had not followed it from the beginning
hence may have been mistaken as to the
real pathology.
'.The Department fully indorscs the
statement contained in TIE Bureaus let
ter to the claimant that the soldier had
reached an age when cerebral hemOrrhace
and like affections of the brain occur most
frequently, and that Senilc degeneration of
the arteries is universally admitted to be
the most potent cause of such diseases,
81 iti'i 'd>tS. Ntl ii4>
case there is Il strong element of doubt
as to the cause of the fatal brain trouble
and it is believed this doubt should be re-
solved in favor of the claimant.
'The action is reversed
RESTORATION OF INVALID pENSION-
PENSIoNEE DECEASED.
John G.. Brown ceased to draw invalid
pension under misrepresentation of law.
t,lt
payment, without having filed an applica-
ton for restoration. His widow applied
for such pension due the deceased from
date of last payment to da e of his death in
accordance with section 4I19. Revised
Statutes. Her claim was denied by the
Pension Bureau OH the ground that she
was not entitled to receive said amount,
as the soldier was not Il pensioner ut the
date of his death. The decision on the
appeal from this decision states asst
Secretary Campbell. Feb. 10. 1909:
Section 4I19, Revised Statutes, is as
follows:
The failure of any pensioner to claim
his pension for theee years after the same
shall have become due shall be deemed
presumptive evidence that such pension
has legally terminated by reason of the
pensioners death, remarriage, recovery
from tho disability. or otherwise. and the
pensioners name shall be stricken from
the list Of pensioners. subject to the right
of restoration to the same on new ap-
plication by the pensioner. or if the pen
sioner is dead. by the widow or minor chill
dren entitled to receive the accrued pen
sion. accompanied by evidence satisfac-
torily accounting for the failure to claim
such pension, and by medical evidence in
cases of invalids who were not exempt
nial 10 ba
tinuance of the disability
''There can be no doubt that the SOL
der could, when he saw fit to do so,
without regard to lapse of time, file the
application named in the statute, and
upon furnishing the required evidence Sc
cure the restoration of his name to the
rolls from the date when payment ceased
to be made. In plain and unambiguOus
terms the law gives his widow or minor
children entitled to receive the accrued
pension the same rights the soldier had.
provided he died before filing his appli-
cation or furnishing the evidence. p
Reading 471S and 4719 Revised
Statutes together, it becomes clear that
the words, the widow or minor children
entitled to receive tho accrued pension,
found in the latter section, are descriptive
of the persons who succeed to the right
of the soldier in case he fails to file his
application before his death.
ION March =. 1895. an act was APP
proved which repealed section AIS, Re
vised Statutes, and the act of March ],
1889.
"TLe act of March ., 1895, is as fol-
lows:
" That from and after the 2Sth day of
September. 1892. the accrued pension to
the date of the death of any pensioner. or
Of any person entitled to a pension hav-
ing an application therefor pending. and
whether certificate therefor shall issue
prior or subsequent to the death of such
person. shall, in the case Of 4 person pen-
stoned, or applying for pension. on ac-
count of his disabilities or service, be paid,
first, to his widow; second. if there is no
widow, TO his child or children under the
age OF 16 years at his death: third, in case
Of widow. to her minor children under
the age of JIG years at her death. Such
accrued pension shall not be considered
part of the assets of the estate of such de-
ceased person, but shall inure to tie sole
and exclusive benefit of tile widow or chill
lren. And if no widow or child survive
such pensiOner, and in case of his last sur
viving child who was such minor at his
Heath, and in case of n dependent mother,
father, sister, or brother, no payment
whatsoever of their accrued pension shall
be made or allowed except so much as
may be necessary to reimburse the person
who bore the expense of their last sick
ness and burial, if they did not leave suffi-
cient assets to meet such expense. And
the mailing of n pension check. drawn by
4 pension agent in payment of Il pension
lue, TO the address of pensioner. shall
payment in the event of the
leath of Il pensioner subsequent to the ex-
,cutiOn of the voucher therefor. And all
prior laws relating to the payment of ac-
.Iued pension are hereby repealed. > 8
1T has been suggested that the act of
March =, 1895, repealed section 4119, Re-
used Statutes, SO far as 1t might be APP
,licab,e to accrued pension Inasmuch
Is section 4I19, Revised Statutes. has no
'efcrence to accrued PENSION no repeal
Gould result. = "
1T will be noted that much of the Ian
,uage of AIS, Revised Statutes, was car
led over into the repeating act. and the |
construction given the original law fol- |
ows and applies to the latter act (Suther- |
and on Statutory Construction, pars 2J,5-
:56: % Amer. and Eng. Ency. of Law,
}. $40. and cases citedo
1T is manifest that the pensioner him
elf, when applying for restoration to the
oils under section 4119, Revised Statutes,
ould not be held to be making applica- /
ion for accrued pension within the mean
ng of the act of March .. 1895. and why
hOuld the widow, who by the statute is
,iven the right to do what he could have
one in his lifetime, be held to come with