The National tribune., 1903-05-21

when it would involve a constructive re-
peal of or exception to an existing gen.
eral statute, such as said section 4715;
but an intent to make such departure
should clearly appear in the act itself.
Constituting this prOviso in the light of
similar legislation, it seems clear that no
such departure was intended. and that
said section AIS was, in fact, intended to
be fully applicable to this act as to all
other acts.
'This construction is not inconsistent
with the language of said act.
1.-The words that one already in receipt
of pension snail not be en-
and can refer. only to one who is in re-
ceipt of pension at the time of final
approval for allowance of a claim under
the act, for the only title contained in the
act is title to have her name again placed
on the pension roll No legal title to res
tOratiOn exists under this act until GER
tificate is actually issued. the same as title
utes, as held in John Gillespie 03 2. D.,
No. 10, and as is implied In the language
of said section AIS, that a certificate may
reissue for pension to which the pension
er would have been entitled had not the
surrendered certificate been issued
''The fact that at the filing of claim
under this act the claimant is then in
receipt of n pension is immaterial, and
does not negative tit.e under said act,
claim is approved for allowance, pension
Hereunder has been elected, and certi-
ficate has been issued.
Were this prOviso incorporated in the
body of the act where grammatical con-
structiOn indicates it belongs as n limita-
ton upon the grant contained in the act
that is, after the granting words shall be
anti toI fha tr,tn of l,yr To l-o
the proviso applicable only to the placing
Of the claimants name upon the pension
roll, and not to the filing of her claim,
clearly appears. The act would then read
that a widow shall be entitled, unless
already in receipt of pension from the
United States, to have her name again
placed on the pension roll,' etc.
'If such be the true construction of
said act, it would be unreasonable and
unjust to require that claimant surren-
der n present pension before filing under
tEis act and then wait several months, if
not years, without any pension, although
meritOriously entitled to one, and all
though in the dependent condition speci-
fed in the act. until the claim under this
act is adjudicated and allowed before re-
ceiving any pension.
'If widows who were, at date of ap-
proval of this act, in receipt of pension
on account of second soldier husband,
be excluded from its benefits, an injus-
tice and inequality in the application of
the law would result. While such a
widow who has thus taken advantage of
the only law then allowing her any PEN
sion after herremarriage would be excluded
another widow who had then filed no
claim or account of the second husband
would be included within said act.
"The formers exclusion was through 10
fault of her own, and her right to consid-
Grafton, on the basis of the grant con-
tanned in this act, is the same in all re-
spects as that of the latter. Her Q -clu-
sion from the benefits to be derived as
one time widow and pensioner on account
of the husband whose war wife she was,
for which class this act specifically pro-
vides restoration of pension, would be
unreasonable. This express purpose and
aim of this enactment, which is the key
note of its intent. would be thus in part
defeated.
"From this act itself, therefore, and
from other pension legislation, it seems to
have been the intent of Congress in said
proviso merely to inhibit pensioner
from a second pension, and not to alter
in any way the general law of section 4115
as to election. 1t is held accordingly that
a widow pensioner may file and prosecute
a claim under the act of March ), 1901,
and may be restored to pension Hereunder
upon surrender of her existing certificate,
payments being continued under said GER
tificate to date of issuance of certificate
restoring her under said act, and deducted
from payments under the latter certificate.
''rhe action appealed from is reversed