The National tribune., 1904-04-14
PENSION POINTERS.
Inquiries Answered and Suggestions
Made.

al
application for increase was granted as TO
pensioned disability. there is technically
no claim pepding for you i'll the Pension
Bureau. Probably YOU should file new
application for increase and refer to the
evidence you have filed since the grant
ing of your last application.
J. II. B., Potsdam, n. Y.-Fee agree
ments for a fee of $50 are not permissible
in pension claims under the act of 1890,
which act expressly limits the fee thereun
der to So There is no decision which
will give an applicant for invalid pension
under the act of 1890 the benefit of n
prior application under the general law in
fixing the date of commencement of his
pension under the act of 1890. To obtain
the benefit of the provision for extending
the pension of permanently helpleSs chill
dren beyond the age of Is. it is necessary
that the child in question be under 16 at
the date of the soldiers death. Ii tie
widow was pensioned under the Mexican
war service pension act of 1887 this pro-
vision for children would not apply in any
event. rs the said act of 1887 made no
provision for children. There has been no
new law enacted comforting title to pen
sion under the act of 1890 to children of
marriages contracted since June 26, 1890.
This "a matter OF 1oo new con
struction of the act of 1890 Children
of soldiers and sailors of the war of the
rebellion who were under Is when their
father died and also under Is on July 1.
1880. are entitled to claim pension under
the general law for period of pensionable
minority irrespective of their age at date
of filing application. in accordance with
decision or ruling of the Secretary of the
Interior.
j. j. c.. Natick, r. lit is not neces-
sary to have an attorney in order to ap-
peal TO the Secretary of the Interior from
the rejection by the Bureau of Pensions.
Most appeals are presented by attorneys,
however. as there are technical rules
which unless known and observed may
result in the appeal being dismissed with
out consideration. The appeal may be in
the form of letter describing the claim
by official number. setting out the action
of the Pension Bureau and showing the
reasons why such action is erroneous and
unjust.
III. w. c., Orwell. Ind.-The T.. 8.
Court of Claims has decided that the
Philippine Volunteers of 1899 who served
full time and were discharged with their
organiza tons are entitled to two months
extra pay under the act of Jan. II, 1899.
This decision has been acquiesced i'll re-
Gently by the Treasury Department after
considerable delay and legal controversy.
p. II. S.-No provision is made for
the admission of members of soldiers
family ct any of the Branches of the
National Home. If you have reference to
a State Home. consult the Superintendent
or Governor thereof.
4. y. c.. Gadsden. Ala.-The six regi
ments of infantry organized from rebel
mated as TT. s. Volunteer Infantry" and
numbered from 1 to 6. are pensionable
under the general law for any disability
incurred in U. 8. service and line of duty.
They are also pensionable under the act of
June %. 1890, as construed by joint reso-
luton of July l. 1902. provided they en-
listed in U. s. service on or before Jan. L.
1860. These regiments were organized
from March. 1854. to May, 1861. and the
9th and 9th regiments seem to have been
recruited and organized after Jan. 1, 1866
and thus are excluded from the benefits
OK the" act of June 81. 1890. The joint
resolution of July +. 1892 provided i'm eff
feet that no ex-Confederate should he en-
titled to pension under the act of 1890 for
u. s. service if it appeared that he had
enlisted in o. 8. service with the under
standing that he should never he entitled
to pension for such service. AS a matter
of fact. no such stipulation was ever made
by the u. s. in accepting ex-Confederata
recruits.
T. p. c., Philomath. Ore.-Theoretic-
ally at least ratings for disabilities under
the general law aggregating not more than
$1I may be added together TO make such
rate. In practice the ratings recommend
ed by Examining Surgeons are almost
generally very materially reduced or Ell
tIrely ignored. usually upon the ground
that the description does not warrant the
pension or increase is entitled tn he en-
amined as to all disabilities upon which
his claim rests, and ordinarily the Exam
lining Surgeons are required to report fully
as TO the claimants condition without con-
timing themselves to disa utilities which he
hos hns. ala
ably be well to file additional evidence. If
possible, before taking an appeal. This is
safe rule to follow where it is possible
TO secure additional evidence of value
congressman are generally ready and will
ling TO do what they can to aid their con-
stituents in their pension matters. When a
pension case is taken up for investigation
by Special Examiner, the claimant is
entitled to notice Of the time and place
or taking testimony, unless the investi-
CATION is Of criminal character.
+. g., Lismore, Minn.-The cage"
order of the Commissioner Of Pensions
No. 1S, approved March Ia. 1904. does
not mean separate and distinct pension
or rate on account of age in addition to
what the pensioner is already receiving
on account of disability. The order will
benefit only those not pensioned but who
come within its terms and those who
are pensioned but are receiving
iess IMAM they are entitled to
under the terms Of the order. This
latter class can get increased to such rate
as the order prescribes for persons of their
age. As, man drawing Sc, whether nm
der the act Of 1890 or the general law.
can get an increase TO So under the act
or 1SAO on his age if he is 65 years old.
ID: W. E.. Newburg. \. Y.-There is no
service pension law covering naval service
SUBSEQUENT to the close of the Mexican
war (Nay 30, 1S4s) and before March 4,
1861. For disa bility incurred in service in
such period invalid pension can be had
upon proper proofs; pension commencing
from date Of filing of the last piece of evil
title. VI
Mrs. e. A. c., Duluth. Minn.-The fac
tnat the soldier was receiving pension at
death does not settle the title of the widow
TO pension nor does it settle the rate Of
her pension.
L. d. H., Oxford. Ohio-See reply Ia
n. w. G.. above. The Regulars serving
In the Philippines do not come under the
Philippine extra pay decision. which re.
lates to the 18th u. s. Vol. Cav. and 26th
70 49th Volunteer Infantry.
IL. j. L., st. Louis. Mo.-Eyidentlv
claims such as you mention are not now
coiiectabie, or you were held not to be
within the class of naval men in contem
piation in the order prescribed in the al