The National tribune., 1904-04-07
PENSION DECISIONS.
Action Taken by the Assistant
Secretary OF the Interior in
Appeal Claims.
MARRIAGE AsDypIvoRcE-NEw YORK.

MARRIAGE ASD2DIvoRcE-NEw YORK.
In the pension claim Of Mary j., widow
Of Edmund Marshall, the Pension Bureau
held that the claimant was not the legal
widow of the soldier, The having been d.
vorced from her,
In this case the husband deserted the
wife, and in another State, by false testi-
mony frauduIentIy procured q decree of
divorce from 'cthc claimant. 1t is held,
Assistant Secretary Miller, Sept. %,
1908:
"Tile evidence clearly shows that the
claimant aud The. soldier were united by
ceremonial marriage under the laws Of the
State of New York. The act of
Congress approved Aug. Z, 1882, provides
that in pension cases marriages shall be
proven to be legal marriages according to
the law of the place where the parties re-
sided at the time OF marriage or at the
time when the right to pension accrued.
The laws Of New York must. therefore. OBJ
tain in this case. There can be do doubt
that under the law of New York, divorce
obtained in another State against citi-
zen Of New York in an action where there
was no personal service and no personal
appearance on the part of the defendant, is
void in the State Of New York. There can
be no doubt that under the law of New
York the claimant Is there held to be the
legal widow Of the soldier.
1.-THE action of your Bureau in rejecting
this claim on the grounds stated il re-
yersed."
DEPENDENT observation-disclosures
In the pension claim of VIM. Connell as
father of Edward ]. Connell. the Pension
Bureau held the claimant not entitled, on
the ground of no parental recognition by
claimant or soldier, and that any prior or
present dependence of claimant is due to
his vicious habits and criminal life. On
appeal it is held assistant Secretary
Miller Nov. %, 1903:
ut appears that soldiers father, the
claimant, has not cared or provided for the
soldier, and has not even seen him since
he was child few months old.
spent over % years in prison. =
Such pension is granted as compensation
for the loss of support which the son fur
nished, or which it may be presumed he
would have furnished if he had lived In
this case the facts disclosed absolutely de-
stroy any presumption that the son, if
alive, would be under legal or moral obi
CATION to aid in his parents support,
. and his death did not deprive
the latter of any actual or potential means
Of support The action appealed
from is therefore affirmed"
DIVISION OF ACKNOWLEDGEMENTS
DICTION.
On the application of Anna L. Morley
for one-balf the pension of her husband.
Jasper Morley, the Pension Bureau held
applicant to be entitled thereto in accord
ance with the act of March ). 1900.
The pensiOner contested the application
Of the claimant and alleged that she is not
his lawful wife. The evidence before the
Bureau showed that he had brought suit
in Michigan Probate Court for annnlment
OF the marriage on the ground that claim
red him. The coQrt found that she was
the lawful wife of the pensioner. and he
did not appeal from that judgmant. Opin-
Miller Mi Nov. & isos, concludes:
1.-THE Department Is of the opinion that
pensioner hav5hGS Submitted the question Of
the validity ofehia marriage with claimant
to a court ofsEplApetent jurisdiction he is
bound BY the, fR judicial determination
thereof. no appeal having been taken there
from. $40
"The action Appealed from is accordingly
ofy irmo1 ~