The National tribune., 1903-06-25
DEPARTMENT NEWS.
DIVISION OF PENsIoN-DIvoRcE-PA
tai OBLIGATION.

tai OBLIGATION.
In the case of guardian of Freddie
Dunn. minor. for division of pension of
Charles Fl. Dunn, the Pension Bureau
rejected the application on the ground that
'pensioner is not chargeable with deser-
fion of his child, there being record evil
.dence herewith that the care, custody and
education Of said child are, by decree of
court, given to divorced wife of pension
er." On appeal from this holding it is
held ASST. Secretary Miller, May %,
1903:
1T is the legal duty of the parent to
provide for the maintenance of his minor
child Such is the rule of the common law
and the English and American statutes.
q Cooley's Bl. Com. AT and notes; 2
Kent Com. Q2 ed.,, 1S9-1S0 and note b.;
81 Am. and Eng. Ency. e ed.), p. 1850,
note -
'.The father is primarily liable for the
maintenance of his minor child, and when,
through his own fault, he is deprived of
its custody, his liability in that regard is
not discharged, although the rule is other
wise when he IS deprived of the custody
through the wrongful act of the wife who
voluntarily assumes exclusive care, GUS
tody and control of the child. as in
the case Of Buick I. Buick G2 P. D.,
143). See, also, Cowls v. Cowls g Gil,
Ill, 435; A Am. Dec, 70S and note;
Hewitt V. Long C76 ILL.,, 399409; Buck V.
Buck go H., 105,; Plaster v. Plaster az
ILL.,, 290, and So ILL.,, 445), and Steele ".
People (SS Ill. App, 1866.
''As stated by Schouler, in his work on
Domestic Relations Q2 ed.), par. 237:
But father, as against the public and
his children, cannot, it is well settled, es-
cape the duty of providing for the child
ren's support, even if remaining with their
mother after divorce
''In the case under consideration the
pensioner is shown to be the party in
fault; he abandoned and deserted his mi
nor child, who was, at the date of said
application, under 16 years of age. This
dcsertion has been continuous.
1.-The fact that pensioners wife, and
mother of said minor child, procured a di-
vorce from pensioner in 1898, on the
ground of desertiOn, and was by the court
awarded the care, custody, and educa-
ton of their said child, does not break
the continuity of pensioners desertion of
the child or relieve him from his parental
duty to aid in its maintenance and sup
port, he being the party at fault. The
child is therefore shown to be entitled to
one-half his fathers pension under the
act of March 3, 1899, and the action re-
jecting his claim, on the ground stated, is
therefore reversed"
LEGITIMACY OF cHILDREy-yoID MAR
2IAGE.
In the pension case of guardian Of mi
nors of Harvey Perkins (colored) the Pen
sion Bureau held that the evidence failed
to show that the minors are the legiti-
mate children of the soldier, as the death
or divorce of the mother of the children
from her first husband had not been
Shown. The decision on appeal from this
holding says ASST. Secretary Miller, May
26, 1903:
Accompanying the papers in this case
is the following from the chief officer OF
the Law Division of the Bureau:
The action of the Bureau in rejecting
the claim upon the ground that the minors
We're not the legitimate children Of the sol
d dier and the law applicable thereto has
been eXhaustyely considered by the De
partment in the case Of the alleged minor.
of Jonas w. Pulver, 10 Z. D., 227'
"1he Pulver case came from the STATE
of Wisconsin, where the statute relating
to the legitimacy of a child born of voic
marriage is identical with that Of the Stat'
Of Missouri, and is as follows:
THE issue of all marriages decreet
null in law or dissolved by divorce shall
be legitimate
1.-The Department held in that case tha
the minors of such a marriage, were un
questionably legitimate under that statute.
But the question of a pensionable statu
O1 SAID minors was quite another matter
''That The title of minors TO a pensici
depended upon the title of their mother
If she has no title to a pension, it wa
impossible for her children to have title
claiming it to be impossible to successfull
claim right through title that neve
could have existed.
''This case has been in effect oyerruled
the Department holding more recently tha
the minor of a soldier had title to a pen
N in Y.t.rtf nnf nlnnt
but independent of the mothers title.
That it is of right in himself and til
basis thereof is, Is he the legitimate chill
of the soldier! See cases Of minors of A
len B. Pierson and James r. Graves q
y. D., 14S and 15D.
'"The minors title not being dependen
upon the mothers, his source of title mus
be in the father and comes directly froI
him.
''f it is to be presumed in this cas-
mat the marriage of these parents wa