The National tribune., 1904-07-21
UNITED STATES PENSION LAWS.
Comprehensive Digest Of Pension Legislation From the Founda
ton of the Government.
Copyrighted. lsC4. by TEE NATIONAL TRIBuKl

dered faithful and acceptable military |
service. and was honorably discharged. the |
presumption that he was "deserter" is |
rebutted and overthrown: and |
that in such cases the soldier is to be
treated as if merely absent without
leave" and the pay. etc, allowed accord |
ingly. The same principle is applied when |
both the :.'desertion' and the return oc-
CURED after the cessation Of hostilities.
DISCRETION AFFECTING PENSION STATUS.
BY decision rendered March 20. 1901, it |
is held that person under Is who enlist
ed without consent of parents or guar
dian before February 13. 1862, might re-
pudiate his contract of enlistment, and
is not properly chargeable with desertion
for having done so. But if such person
enlisted after February II. 1862. his ac-
tnal age at such enlistment cannot be con-
sdered if the record of enlistment shows
him Is years or over, because the act of
February II, 1862, provides that here
after the oath of enlistment
taken by the recruit shall be conclusive
as to his age"
BY an act of July 4. 1864, the mini
mum age for recruits enlistng without con-
sent of parents or guardian was fixed
at 1G years.
1t is distinctly held by decision rem.
dered June 4, 1901 III p. D., 3G2), that
law for a disability incurred subsequent
to the expiration, by limitation, of term
of enlistment from which he deserted and
was never discharged, Notwithstanding the
fact that the second contract of enlistment
was entered into prior to the expiration Of
the first term of enlistment; provided said
second term Of enlistment be faithfully
performed and completed. and be not
avoided by the United States.
decision rendered April 30, 1901 mot
reported, holds that discharge to re-
enlist as Il veteran is discharge within
the meaning of the third section Of the
holding Of June q, 1893, and hence that
disability incurred before veteran enlist
ment is pensionable under the general law.
Notwithstanding that the soldier received
and can obtain no discharge from his vet
cram enlistment.
When pension was granted under q
practice not regarding a charge of deser-
ton as bar under certain circumstances,
the discontinuance of such practice does
not operate as reason for discontinuance
of the pension. and the pensioner, more
over, has the right to have considered and
adjudicated any claim he may make for
increase of pension on the pensioned dis
ability. 40 p. D.. 232: case Of William
Wilson, June 8. 1890; 10 p. D., 249; case
of Charles r. Borthwick. June q, 1892
Under the act of June u, 1890, or what
is commonly called the new law" an
honorable discharge from every service en-
tered into during the late war only, is nee
essary to give the applicant pensionable
status.
PROFIT BY DISCRETION AND REIMBURSEMENT.
In determining whether reenlistment
into another organization, without having
received a discharge from an organiza-
ton into which a soldier had previously
enlisted, was made for the purpose of Sc
curing bounty or other gratuity to which
he would not have been entitled had he
remained under his original term of en-
listment, the War Department takes no.
tice of State and local bounties, and
amounts received for enlistment as a sub
sttute, as well as Of bounties offered by
the General Government.
PAY AND BOUNTY.
By desertion from the service a person
forfeits all pay and allowances then due
him, and his right thereto is restored only
by formal adjustment of the matter dur
ing service, or removal Of the charge
under the laws enacted for that purpose
The Comptroller of the Treasury has
held september 8, 19O3) in a claim for
balance of veteran bounty, that the soldier
having served two years (act of July %,
1861 under his reenlistment before he
deserted, the issuance of an honorable dis
charge to him under the act of March 2,
1889, entities him to the unaccrued Install
ments of the bounty. This decision is in
accordance with decision in the L. S.
Court of Claims, June 4, 1900, where the
same question was presented.
PRIVATE FUNDS AND PROPERTY NOT FOR
FEITED.
Private funds placed in the custody of
the Government by a person in the sery-
inn fnrfni tod
should he at the time of desertion, or af-
forwards. be indebted to the Government.
such funds may be applied to the discharge
of his Indebtedness. The appraised value
of Il horse owned by trooper at the
date of his muster into service, and subse-
quently turned over to the Government, or
the value of a private horse lost through
any OF the exigencies or necessities of the
service, is due and payable independent of
the contract of enlistment, and is not for
feited by desertion.
DISCRETION AFTER TRANSFER.
If. as shown by the records, a person
enlisted or was drafted for the volunteer
service, but was assigned to the regular
service. in considering the matter of the
removal OF charge of desertion standing
against him, the War Department regards
him as though having been in the yolun-
teer service. If transferred or enlisted
into the regulars from the volunteer sery-
ice, and then deserving, he stands upon
the same footing as though originally en-
listed in the regular service.
DEATH WHILE IN DEsERTIoN.
If soldier, while absent as de
serter" from hospital, or from furlough
given by proper authority, died before the
muster-out OF his command, from wounds
injuries, or disease received or contracted
in the service and line of duty, the charge
of desertion may be removed upon appli
cation by his heirs or legal representatives.
If while thus absent he died after the
muster-out of his command, it must an
pear that during the entire period after
his desertiOn until the muster-out of his
command. he was unable to return to the
service. Qf he would not have been entitled
to be mustered out with the organization
to which he belonged at the time of his de.
sertion, had he been present with the
same, ''his command within the mean
ing of the law, is such other organization.
or portion of an organization, with which
he would have been entitled to be mus
tered out)
DEsERTER'S RELEASE
The act of April II, 1890, provides as
follows:
THAT the 1O3d article of the Rules and
Articles of War be. and the same is here
by, amended by adding thereto the follow