The National tribune., 1904-04-28
BIENNIAL EXAMINATIONS aBUIfSHEp,
The act of June 81, 1870, provides.

| BIENNIAL ESAMlNAl IONS 3BUlISifb'
The act of June 81, 1870. provides.
SECTIONS All, 4772 and 47773 of the Re-
, vised Statutes of the United States. pro-
viding for biennial examinations of pension
erS, are hereby repealed: Provided, That
the Commissioner of Pensions shall have
the same power as heretofore to order spe-
cial examinations, whenever. in his judg-
ment the same may be necessary, and to
increase or reduce the pension according to
right and justice: but in no case shall n
pension be withdrawn or reduced except
upon notice to the pensioner and hearing
upon sworn testimony, except as to the
certificate of the examining surgeon
| DECLARATIONS AND OTHER PAPERS
The act of July &c, 1892, provides
| That declarations of pension claimants
shall be made before n court of record or
before some officer thereof having custody
of its seal, or before some officer who, I'M
der the laws of his State, city, or County,
has authority to administer oaths for gen
eral purposes; and said officers are hereby
fully authorized and empowered to admin
lister and certify any oath or affirmati ton
relating to any pension or application
therefore: Provided, That where such dec
laratlOn or other papers are executed be-
| fore an officer authorized as above, but
have and use seal to authenticate his
official acts, he shall file in the Pension
Bureau a certificate of his official char
acter, showing his official signature and
term of office, certified by clerk of q
court of record, or other proper officer of
the State. as to the genuincness thereof;
and when said certificate has been filed
in the Bureau of Pensions his own certif-
| cate will be recognized during his term Of
office.
THAT the Commissioner of Pensions
may accept decla atoms and other papers
of claimants residing in foreign countries
made before a United States minister or
consul or other consular officer. or before
some officer of the country duly author
lied to administer Oaths for general pur-
poses. and whose official character and
signature shall be duly authenticated by
| the certificate of a United States minister
or consul or other consular officer: and
declarations in claims of Indians may be
made before a United States Indian agent.
THAT any and all declarations or affi-
davits now on file in the Pension Bureau
which are considered informal by reason
of not having been executed in conform
ity to the laws heretofore in force cover
ing such, and in which it is shown or may
be hereafter shown by proper evidence
| that the same We're executed by and before
an officer who was duly authorized to ad-
minister Oaths for general purposes ut said
| date of execution. shall be accepted as for
NAL as from the date of filing such declara-
| tons or affidavits.
THAT all acts and parts Of acts in
consistent with the provisions of this sec
ton are hereby repealed"
INDIAN CLAIMS.
Section 4721. Revised Statutes, pro-
| vides substantially as follows:
All proof which has heretofore been
| taken before an Indian agent, OF before an
officer of any tribe, competent according to
| the rules of said tribe to administer Oaths,
is held and regarded by the Pension Of
| flee, in the examining and determining of
claims of Indians now on file, as of the
| same validity as il taken before an officer
recognized by the law at the time as COM
petent to administer oaths: all proof want
| ing in said claims herea fter, as well as in
| those filed after the Sd day Of March,
| 1873, shall be taken before the agent Of the
tribe to which the claimants. respectively,
| belong; in regard to dates. all applications
Of Indians now OH file shall be treated as
| though they were made before a cOmpe-
tent officer at their respective dates, and if
found to be in all other respects conclu-
sive. they shall be allowed; and Indians
| shall be exempted from the obligation to
take the oath to support the Constitution
of the United States.
DETAILED CLERKS MAY ADMINISTER OATH.
| Section 4744, Revised Statutes, as
amended by the act Of July %, 1882, is
| substantially as follows:
| The Commissioner Of Pensions is au-
| thorized to detail from time to time clerks
or persons employed in his office to make
special examinations into the merits of
| such pension or bOunty-land claims
whether pending or adjndicated, rs lie may
deem proper, and to aid in the prosecution
of any party appearing OH such examina-
tons to be guilty of fraud. either in the
presentation or in procuring the
| allowance Of such claims; and any per-
son so detailed shall have power to admin
| lister Oaths and take affidavits and depo-
sitiOEs i'm the course of such examinations,
and to orally examine witnesses and may
| employ a stenOgra pher. when deemed nee
| essary by the Commissioner Of Pensions,
| in important cases, such stenographer to
| be paid by such clerk or person. and the
amount so paid to be allowed in his ac-
| counts.
| SPECIAL EXAMINERS MAY ADMINISTER
OATH.
The act of March 3, 1901, provides:
| THAT the same power to administer
4 odtuS anu TAKE aHluaNItS WHICH,, Dy Wiz
tue of section 4744 of the Revised Stat
utes is conferred upon clerks detailed by
| the Commissioner OF Pensions from his
Office to investigate suspected attempts at
fraud on the Government through and by
virtue OF the pension laws. and to aid in
prosecuting any person so offending, shall
be, and is hereby. extended to all special
examiners or additional snecial examiners
employed under authority of Congress to
aid in the same purpose"
| sUBPoENAs FOR WITNESSES.
The act of July %, 1882, provides:
| ANY judge or clerk Of any court of the
United States i'm any State. District. or
Territory shall have power, upon the appli-
cation OF the Commissioner of Pensions. to
issue subpoena for witness, being
within the jurisdiction Of such court, to
appear tat time and place in the sub
poena stated before any officer authorized
to take dispositions TO be used i'm the
courts of the United States, or before any
officer, clerk, or person from the Pension
Bureau designated or detailed TO investi-
gate or examine into the merits of any
pension claim and authorized by law to adj
minister oaths and take affidavts in such
investigat ton or examination, there to give
full and frua answers Such writtan i'm.