The National tribune., 1903-02-12
DEPARTMENT NEWS.

PROOF OH MARRIAGE-MARY-
LAND.-ln theS&ension case of the wild
Ow of WilliamNlhase it is held jAssi, Sec
rotary Campbell, INov %, 1902:
"COmmOn-lgw marriages have not been
and are not recognized as valid in Mary
land, but whiIeithere cannot be valid
marriage without a religious ceremony,
such marriage may be proved without the
testimony of witnesses who We're present
at the ceremong:f that is, by general repu-
tation, cnhabitation, and acknowledge
ment. When idiiese exist II will be in
fcrred that a religious ceremony has taken
place, and this9moof will not be invali-
dated Observation-Disclosures cannot be Obtain
ed of the tima. place. and manner of the
celebration of Itlre marriage" Richardson
VS.. Smith. 50 Md. 1880
PRESUMPTION OF DEATH-ACT
OF MARCH liz 1S96.-In the pension
case of the widow Of Malachi Lynch it is
held asst. Secretary Campbell, Nov. %,
1902:
1.-The act of March IS. 1896, which reg
nlates the proof of death in cases of this
character. is as follows:
"' the death shall
be considered as sufficiently proved if sat
isfactOry evidence is produced establish
ing the fact of the continued and unex-
planned absence of such enlisted man or
period Of seven years, during which period
no intelligence Of his existence shall have
been received. ~
"The proof in this case conforms to
the requirements of this act, unless it be
to the clause which states and unexp!ain-
ed absence of such enlisted man from his
home and family The words home and
family must not be considered in a re-
stric;ed sense. 1t clearly was not the in
f.f to. Ia
that prevailed in the common law. The
Supreme Court, in the case of Davie VS..
Briggs o. United States Supreme Court
Reports, 62S), states the following as the
general rule:
1.-The general rule undoubtedly is that
n person shown not to have been heard
of for seven years by those Gf any who,
if lie had been alive, would naturally have
heard of him, is presumed to be dead,
unless the circumstances of the case are
such as to account for his not being heard
of without assuming his death
'''This rule was accepted by the Depart
ment in the case of Marie Sharpe. Is Z.
d., 1861
''The question, then. for discussion is,
Do the facts and circumstances in this
case account for his absence on any other
hypothesis than that of death?
Nothing has been heard of the SOL
der since the latter part of July, 1874.
The evidence discloses 10 reason why he
should not have returned to Baltimore
il he so desired, and the testimony of Mrs.
Douglass shows that it was his inten-
ton TO do so. Even il it was his inten-
ton to desert his wife, there is no reason
shown why he Should not have commune
Gated with his brother or sister. One
letter to his sister, written after his de-
parture from Baltimore, Is on file. In
this he promises to write again soon; yet
he has never written. No explanation
other than his death would account for
his silence after promise TO write, 81
lence lasting for nearly 30 years. The
soldier would now be over 60 years old,
and it is not natural to presume that for
any reason indicated in this evidence
he would maintain silence for
so many years. Even if his departure
from Baltimore has been explained, his
failirehtO return or to cOmmu-
nicate with his brother or sister has not.
"In the opinion of the Department this
evidence doeshpot explain his continued
absence in any other way than that he is
dead. The presumption of death must
prevail, and the action of the Bureau is
reversed" ESQ
sERVICEAtRECORD.-In the resto-
ration pension CASE of Samuel White
herse it is held r asst Secretary Camp
Dell, NOV. ID, iOoS'.
"In order 10 determine whether or not
was entitled to have his pension
restored under the general law from Feb.
10, 1895, the 1dhte of his being dropped
from the rolls, one question alone is in
volved: Was the claimant, during the
service alleged, an enlisted man in the
military service within the meaning of the |
first paragraph of section 1898, Revised
Statutes?
Enlistment is the act of making n |
contract to serve the Government in a |
capacity, either in the army
or navy.
'Under the record recitals of the War
Department undoubtedly soldier had en-
tered into such contract, which was
ratified by the United States. The GER
tifcate of disability for discharge re-
cites that lie was an unassigned recruit of
the 33d Regiment Ohio Volunteer Infan-
try; that he was enlisted by Lieut. Nix
on, of the 33d Regiment Ohio Volunteer
Infantry, at Kenton, Ohio, Oct 6, 1862,
to serve three years.
"The record further shows he was
paid as recruit of the 33d Regiment |
Ohio Volunteer Infantry from Dec. 3,
1862, to Feb. 20, 1868, on final state
ment, and on the last-named date was
discharged from the service as an unas-
signed recruit Of said regiment on q certif-
-