The National tribune., 1904-06-23
UNITED STATES PENSION LAWS.
Comprehensive Digest of Pension Legislation From the Founda
tion of the Government.
Copyrighted. 1904. By THE NATIONAL TRIBUNE.

contract or agreement, previous to it's pay
ment to the person entitled to receive it.
II claimant die after n certificate for
the bounty has been issued, the bounty be-
comes part of his personal estate. and
the executor or administrator of the es
tate is entitled to receive it. even though
the certificate or draft did not in fact
reach the claimant previous to his death.
ACTUAL MILITARY SERVICE NOT REQUIRED
Officers and enlisted men in the military
service are entitled.tO pay as such, whether
they actually performed military service
or not, unless their right thereto be for
felted or lost in consequence of some pro-
vision OF law, or regulation made in pur-
suance OF law. Until 1879 it was held no
pay was due for period during which
they were withdrawn from actual service.
unless some law or regulation explicitly
authorized payment for such period.
ABSENCE FROM DUTY.
There is no law or regulation denying
pay. bounty or other allowances to enlisted
men in the military service. during or be-
cause of their absence in hospital, or alb
sence, however long continued. upon an or
binary furlough duly extended, or absence
on discharge furlough. Under the act of
March 30. 1914. enlisted men In the mil
ltary service land officers Of militia or vol
mnteers in the service of the United
States). who are captured by the enemy.
are entitled to receive during the period of
their captivity, and notwithstanding the
expiration of their terms of enlistment. the
same pay and allowances as if in actual
service. Officers in the military service,
for periods of absence on account of sick
ness or wounds or absence from duty
awaiting orders. are entitled to receive full
other causes, they are entitled to receive
full pay. if such periods of absence do not
exceed, in the aggregate 80 days in one
year. and half pay for the period in ex-
cess of 30 days in one year. An officer sus-
pended from rank and command does not
thereby forfeit pay during the period of
suspension. Veterinary surgeons are en-
titled to full pay while on leave, unless
leave were granted on condition as to pay.
Contract surgeons were entitled to pay
while on leave. on account of sickness or
otherwise, if an acceptable substitute were
furnished.
ABSENCE WITHOUT LEAVE.
No pay or allowance can be collected
for any period of absence without leave
nor for any period of absence as a ''de.
serter;" but soldier arrested as a de-
serter for absence over time of furlough
and pardoned and restored to duty without
trial, is restored to all his rights as to
pay and allowances. An officer or soldier
convicted and confined by the civil author.
tiles for certain period is not entitled tG
any pay during such period Of confinement
but the conviction by civil authority does
not Of itself. and in the absence Of any
law or regulation requiring it, work a for
feiture of the pay. or of any allowance
that is subject to the rules which govern
pay, due at the time of arrest or with.
drawal from duty.
RESTORATION TO SERVICE.
An officer in the military service. dis
missed but subsequently reappointed, is
not entitled to any pay and allowances
and reappOintment. Until 1873 it was held
that an officer dismissed. but subsequently
pardoned and restored by the President
to his former rank and position. was en-
titled to pay, ETC.. during the period be-
tween his dismissal and restoration. unless
the pardon contained no words indicative
of an intention to make the restora tion
retrospective. In the year mentioned. il
was decided by the Second Comptroller
(Treasury Department. that "an officer
who has been dismissed from the service
by order or direction of the President. can
be restored only by new appointment =
and that lit is not in the power of the
President who directed the dismissal, OF
of his successor, to revoke the order of dis
missal, or to restore the officer to the
status occupied by him when dismissed :
Under this decision. restoration to for
mer rank and position is regarded rs hav.
ing been illegal. and no pay or allowance
not already received. can be collected fol-
service rendered subsequent to such 4
''restQration."
PAY FOR PERIOD OF ACTUAL SERVICE.
An officer or enlisted man. not pris
oner-of-war. and being entitled to muster
out with his regiment. is generally regard
ed as though mustered out with the same
and as entitled to pay only up TO the date
of regimental muster-Out. notwithstand
ing the delay in his individual muster-out
was beyond his control and due to no fault
of his own. If. however, he continued to
perform service after the date of the ex-
piration Of his term Of enlistment. and
from the situation of the organization to
which he belonged. or the nature of the
service he was performing or for other
reasons not due to his own fault. failed te
receive discharge upon the expiration OF
his term. and was from necessity retained
in service. he is entitled to pay etc, to the
date of actual discharge.
DETAINED AFTER EXPIRATION OF TERM.
The fact that soldier, because of his
being wounded or sick. and unable tC
travel, was not mustered ont at the expi
ra ion of his term of enlistment but was
retained in hospital, is not held to entitle
him to pay to a later date than the expi
IN ton of his term of enlistment. A sol
III
tion Of his term of enlistment, to be
brought to trial for an offense committed
previous to its expiration. continues to be
soldier. and is entitled to pay and allow.
ances as such (suhject to all proper stop
pages) until the case is ended and he is
notified or chargeable with notice of that
fact whether he he convicted or acquitted
or discharged without trial. If so de-
tained. hut afterwards released from Gus
tody. he is held to have been DISCHARGED by
operation of law, when so notified OF
chargeable with notice. although a forma
discharge. in writing. was not delivered t6
him until later date. or none was deliv
cred at all: the general rule being that the
right to pay and allowances ceases when
notice is received at the post at which j,
is the duty of the soldier to be. A sol
tlier who has been sentenced to imprison.
ment by the military authorities. can nm.
der no circumstances receive pay beyond
the date of the expiration of his term ol
enlistment. il his term expires during his
| Imprisonment.
Observation-Disclosures
An officer whose RESIGNATION takes eff.
feet while he is on leave is entitled to pay
etc, to the date given in the acceptance OF
his resignation; but if the resigna ton takes
effect while he is on duty. he is entitled