The National tribune., 1903-02-12

of the ed Regiment of Ohio Volunteer
Infantry. To SO hold would be 10 say
that the recitals Of the certificate of dis
charge were not true, or to say that the
Government had the right to accept
claimant. make him perform military duty
in camp until lie became sick, then send
him to n hospital, issue a certificate of
disability for discharge, make out a final
statement and pay him on same for his
service, and then, when he appears with
an honorable discharge based upon said
certificate and asks the benefits of n pen
sion under the law, reply to him for the
first time:
"'You received an honorable discharge
from the military service for disability
contracted therein. and in the certificate
of disability upon which that discharge
is based, it is stated that you enlisted
for term of three years. and that you
We're an unassigned recruit of the 33d
Ohio Volunteer Infantry. 1t is admitted
that said certificate of disability for dis
charge is genuine, yet the records of the
War Department fail to show your name
borne upon the rolls of the :3:id Ohio Vol
unteer Infantry. therefore you can not be
regarded as having been In the military
service in that Organiza ton.
The certificate of disability for dis
charge is an original record made by Off
GERS whose duty it was to make such 4
record. and is the very best evidence. and
of that class which is entitled 10 an eN-
traordinary degree of confidence. its value
depending largely upon the circumstance
that it was made by authorized and ac-
credited agents appointed for that pur-
pose. The War Department does not
deny the validity of this certificate for
discharge, but admits that it is genuine.
It's contents must therefore be accepted
q hnin f,.un
'.Scction 247, Army Regulations. pro-
vides as follows:
In deciding upon applications for
pension. reference is made to the certi6-
cate of disability for proper proof that
the soldier is entitled under the law.
q -
''The claimant herein received an hon
orable discharge from tie service as au-
thorized by section 23:1. Army Regula-
tions, based upon n certificate of disabil-
ity issued in compliance with sections 2fJ
and Dag. Army Regulations, and this GER
titicate is on file as evidence in this case,
and it is to this certificate that section
PAT, Army Regulations, says that in de-
c:dinG Epon applications for pension ref
crcnce is to be made for proper proof,
not of disability alone. but for proper
proof that the soldier is entitled to a pen
sion.
lie records OF the war department
show facts sufficient upon which to find
that soldier was Only enlisted in the mil
itary service of. the United States and
assigned to the 33d Regiment Ohio Vol
unteer Infantry. though not assigned to
comDany. and is entitled to any bene
fits arising from the act of July II. 1852.
If the records of tl,e :33d Regiment Ohio
Volunteer Infantry are not complete, in
failing to show soldiers name borne upon
its rolls. lie should not be permitted to
suffer therefor. when there is a record on
file showing he was an unassigned re-
criit OF said regiment, enlisted and paid
as n member of same, accorded hospital
privileges, and discharged the service not
rejected as a recruit but upon q certifi-
cate of disability as being duly and reg
nlarly enlisted as soldier, and for dis
eases contracted after his enlistment in
the service.
THE action of the bureau in rejecting
his claim for restoration was error and
is accordingly reversed. Such further ac-
ton consistent with the views herein ex-
pressed as may be found appropriate will
be taken.'
DIVISION OF PENSION-ACT OF
MARCH 3. 1S99.-In the application of
Anna G. Fritts as wife of Curtis NJ.
Fritts for half of his pension. under the
act of March 3. 1890. it is held (Asst.
Secretary Campbell. Nov. II, 1902:
''Pensioner contends in his appeal that
ne herei Neu WIN ciaiiiiht since theS
cn'elen Ihto mutual written agreement
iot Sei."ratio. III 1871.
ohi1ili'iii III hsr answer to sad appeal
:oh,ehis llat aftef entering
lEto an agreement Tor separation lie fail
ea 10 keep ms part OF the agreement and
ms cohu"ct toward her ana their enid
continued to grow worse.
ms clse Was Sptciaiiy examined ana
Doth parties afforded an opportunity to
"ppe.r peIore tne Examiner ana cross
eAalIiiiie each 0ther ana their witnesses.
Inc e'!dence SHOWS that the parties
M ,Cao married III 1909; that on March %,
IooW, lhey entered INTO mutual agree
heht III Wr'hG 10 i've separate anu
aPart from each other. No SPECIFIC con-
$40, is mentioned IN sad agreement,
pul c,ainhaht tessihed mat pensloner
agreed 10 pay hef $oo: winch sum lie new
er PAID ana that after SAID agreement
they continued to live and cohabit as hus-
pand ana wire until lS:4, when he de-
serted her and went to live with another
woman.
lie evidence further shows that pen
sioner ana claimant were voluntarily iiv
ing together as husband and wife in 1898,
and that he subsequently deserted her
about 1871 and has ever since failed to
contribute to her support BY the testi-
mohy OF reputable witnesses pensioner is
shown to be the party in fault. VOlun-
tary combination OF husband and wife,
alter entering into an agreement for i'm
mediate separation, operates as mutual!
recession OF the agreement for separa-
tlon.
AS stated by Bishop on Marriage. Di-
v0rce, ana separation, vol. j. paragraph