The National tribune. [volume] (Washington, D.C.) 1877-1917, 1903-03-05
DEPARTMENT NEWS.
DIVISION OF PENsION-AcT OF MARCH :
1899.

| DIVISION OF PENSION-ACT OF MARCH =,
| 1899
| In the case of Charlotte L. Livengood,
applicant for half the pension of John A.
Livengood. the Pension Bureau rejected
| her several applications and she thereupon
| appealed. The decision on her appeal
states asst Secretary Campbell, Jan %
| 1909
1T appears from the papers in this
case that claimant filed her first applica-
| ton for One-half the pension of her hus
band Feb. !, 1901, in which
she alleged that he was then a resident
pensioner of the United States and AN in
mate of the National Military Home at
Dayton Her said Applicant which is
regular in form. was based solely upon the
third prOvisO of the act of March 3, 1899,
which provides:
THAT if any such pepsioner is or shall
become an inmate OF a National Soldiers
Home one-half of the pension drawn in
his behalf or to which he may become en-
titled during his residence therein shall be
paid by the Treasurer of that institution to
such pensioners wife. she being in necessi-
tOus circumstances and woman Of good
moral character
1T appears from the face brief that
claimants said application of Feb. /. 1901,
was rejected by Bureau action of May 9.
1901, on the ground that claimant had not
been deserted for the period of six months
at the date of filing claim
This Bureau action was clearly error.
Claimant had not alleged in her said ap-
plication that her husband had deserted
her. aud was making no claim for One-half
her husbands pension under the first pro-
visO of said act, which provides:
THAT in case Il resident pensioner Of
the United States shall fer period of
over six months desert his lawful wife.
she being woman of good moral chlrac
ter and in necessitOus circumstances,
the Commissioner of Pensions is
hereby directed, upon being satisfied by
competent evidence of such desertion, to
cause one-haf of the pension due or to
become due said pensioner during the con-
tinuance of such desertion to be paid to
the wife,
"The first prOviso of said act is much
broader in its provisions than the second
and third prOvisOs. and grants One-half of
the husbands pension to the wife on the
ground that he has deserted her for six
months, regardless of the fact whether he
is or is not an inmate Of State or Ma
tiOnal home; the division of the pension to
continue during the continuance of said
desertion, and therefore covers cases that
might arise under either of the two follow
ing prOvisOs.
''While much stress is placed upon the
IdCl tHdt IS u WSuliH VI nigh
temper: that pensioners habits are no
worse than when she married him, and |
that she has refused to accept her hus- |
bands offer to return and do better: it is, |
however a noticeable fact, that the evil !
dcnce shows that in every instance in |
which quarrel has occurred between |
these parties, his Incorporate condition |
has been the cause of the quarrel
"After n careful consideration of all |
the evidence in the case the Department is ]
of the opinion that the testimony taken |
before the Special Examiner fairly shows |
that pensioner is responsible for the sepa- |
ration from his wife and that his intem- |
perate habits and abuse of claimant le- |
gally justified her in refusing to renew the |
suspended marital relation, which was |
terminated by pensioners desertion, Sept |
Is, 1901.
'9Tbe law applicable TO the facts in this !
case entities c;aimant to onc-haif the pen !
sion owing to pensioner on Feb l 1901
the date on which she filed her said first |
application and accruing to him during i
the period that he was an inmate of the |