The National tribune. [volume] (Washington, D.C.) 1877-1917, 1903-10-15
! PENSION POINTERS.
INQUIRIES Answered and Suggestions
e Made.

L. B., 337, Kalamazoo. Mich.-The
mere acknowledgment by the Pension
Bureau Of the receipt and fling of an
application for pension does not estop
the Bureau from subsequently requiring
that it be perfected in any material respect
in which it is regarded deficient. All de-
cisions on pension appeals are appilcapie
to other similar cases, although the dis
position Of the Pension Bureau has some
times seemed to indicate the contrary.
80 B. f. D., Chicago.-See reply to l.. b.,
Rose City, Mich, above. Even the ia
yorable report and recommendation OF
Examining Surgeons mag not be regarded
as satisfactory in the view Of the Bureau:
a. T. p. A. Montviile, O.-The act OF
Jan. Is, 1903, increases the general law
rate of pension for total deafness from
$50 to $40 per month, but provides that
said increase shall in no manner AFFECT the
rate Aof pension now being paid and allow
able for partial deafness, the rating for
which shall be continued and determined
in accordance with the provisions OF e1-
ast;ng law" A rate Of $27 per month is
allowed for deafness of both ears, nearly
total. That is the next highest rate to the
rate for total deafness, now $40.
Subscriber, Osceola, 1owa.-As you en-
listed after Oct. 26, 1898 Unto the Regu-
lar.,Army), you are not in the class OF
Regulars that were entitled to extra pay.
Tie act OF Jan. II, 1899, related only to
the volunteer army, not to Regulars. AS
you were discharged at Manila. you prob
ably would not be entitled to pay for act
ing; as Corporal on the transport to San
Francisco.
:. <. Y. T., Harrisburg, Pa.-Your In
uuiry is not clear. If the pensioner has
deserted his wife, one-half his pension may
be awarded her under the act of March 3,
1899; provided she be in necessitous cir
cumstances. The courts will afford relief
in many cases not covered by the provis-
ions of the act of March 3, 1899.
j. E. K, New Orleans, lathe act
of March 8. 1865, as embodied in the Re
vised Statutes, provides as follows:
''Sec. 1896 All persons who deserted
the military or naval service of the United
States and did not return thereto or re-
port themselves to a Proyost-Marshal
within 60 days after the issuance OF the
proclamation by the President, dated the
18th day of March, 1865, are deemed to
have voluntarily relinquished and for
feited their rights of citizenship, as well
as their right to become citizens; and such
deserters shall be forever incapable OF
holding any Office of trust or profit under
the United States, or of exercising any
rights of citizenship thereof.
aSec 1898. Every person who here
sfter deserts the military or naval service
OIL the OnltGu SSiateS, VI Nhop oSAA6 NuAs
enrolled, departs the jurisdiction of the
district in which he is enrolled, or
goes beyond the limits of the United
States, with intent to avoid any
draft into the military or naval service,
lawfully ordered. shall be liable to all the
penalties and forfeitures OF section 1895:
The act Of July 10. 1867, as embodied In
section 1897. Revised Statutes. prov ;des:
Sec 1897. No soldier or sailor, how
ever, who faithfully served according to
his enlistment until the 18th day of April,
1865, and who, without proper authority
or leave first obtained. quit his command
or refused to serve after that date. shall
be held to be a deserter from the army
or navy: but this section shall be CON
strued solely as n removal Of any disa-
bility such soldier or sailor may have in
CURED, under the preceding section. by
the loss OF citizenship and Of the right to
hold office, in consequence Of his deser-
ton,
- A further exception to the foregoing
occurs in the case of deserters from the
Regular Army, who returned on or be-
fore Aug. Is. 1866, under General Order
43, A. G. o., War Department. series of
1866; or on or before Jan. 1. 1874, under
the order Of the Secretary of War, dated
Mrs. II. j., Marion, O.-See reply to
x. Y. H., above. The act of March 3,
1899, affords no relief in cases where the
parties are living together.
T. K P. Columbus. Ohio.-The provi-
sion you refer to in the act of March 3,
1889. is held not to affect in any way the
condition OF title to widows pension under
the act Of June q, 1890.
Oct. 10, 1873.
G. d. B., Zion, n. IA person drawing
$50 per month pension might be regarded
In needy circumstances, but not in desti-
tute circumstances. Even pension grant
ed By special act of Congress may BE-
taken away if the soldier ceases to be en-
titled or the pension was obtained through
any fraud. There is no telling how soon
favorable action could be secured on pri.
waite pension bill in Congress. Pension OF
increase of pension allowed by special act
of Congress dates only from the time the
bill becomes a law. II an appeal has been
entered before the Secretary of the In.
terror, it would be well to let the appeal
90 to a decision, unless it Is thought high
~ improbable that favorable decision
will be rendered. You would better rely
upon your attorney for advice than upon
any outsider, even if, as you say, attor.
neys want to get their fees. Your attor.
ney will get no fee unless you are ben
Gifted.