The National tribune. [volume] (Washington, D.C.) 1877-1917, 1904-02-04

mencement of the ephabitntion, the widow
is entitled for SUCH period.
H a-saidow IS dqlied orudeprived of heral
der, if otherwise entitled, succeed to her
rights and she will not be recognized by
the Pension Bureau as their next friend
or as legal suastiiaHiif appointed such.
REMARRIAGE OF WIDOW.
Section .470S, REVISED Statutes, embody-
ing various enactments, Is as follows:
Sec. 47OS. The remarriage of any
widow, y entitled to pension, shall
not bar her right 10 such pension to the.
date of her remarriage. whether an appli-
cation therefor was filed before or after
such marriage; hut on the marriage of any
widow, having pension, such
pension shall cease, - f4,l,a.
If the widow femarries and is again left
widow size may thereby regain title
to the pension she had previously drawn.
will be given in another instalImenr.,
She may have acquired also through
her last husband, a new right, which sac
may proceed. TO establish in the same man.
ner and with every advantage as though
she had never before drawn pension.
A decree of nullity of a remarriage will
fully restore n widow to her original pen
sion rights as where a widow, after re-
marriage, finds that her new husband has
a wife living from whom he has no legal
separation, thereupOn institutes legal pro-
ceedings, and obtains from the court
decree declaring the marriage void. The
marriage must be declared void, not
to be shown in order to secure such de-
cree. vary somewhat in the different
States.
A decree Of nullity which by its terms
and according to the State law takes eff
feet only from date of passage by the
To txas Ill
status to widow obtaining such decree
as to previous marriage and after the
death of the soldier. 40 +. D., 23S; case
Of Fuller, June 20, 1897,
A decree of nullity which appears to. have
been procured through fraud, or otherwise
improperly procured and based on alleged
facts not sustained by satisfactory evil
dence, will not be recognized in consider
| ing Il widows pension title. 10 p. d.,
2S4; case of Vaughn, August %, 1890
PERMANENTLY TELrLEss CHILDREN
The following occurs in the act of June
q, 1900:
provided, That in case minor child
is insane, idiotic, or otherwise permanently
helpless, the pension shall continue dur
ing. the life of said child, or during the
period OF such disability, and this proviso
shall apply to all pensions heretofore
| granted or hereafter to be granted under
| this or any former statute, and such PEN
| sions shall commence from the date of APP
plication therefor after the passage of this
act"
| AS applied to the general pension law.
| this provision benefits all children hereto
| fore or hereafter pensioned or entitled to
| be pensiOned, because of the death of their
/ father from causes proven as due to SER
| vice and line of duty. provided they be
under 16 at the date of the fathers death
| and become permanently helpless" within
l n ha n w mr. Or hnf hat
| 10th birthday
| As to what constitutes permanent help
lessness, where idiocy or insanity does not
exist, it is held that it is hot necessary
that the condition be such rs to require
| regular and constant personal aid and at
tendance of another person. A decision
rendered Sept. ID, 1895 e =. D.. 52), SAYS:
/ I'VE may judge of the meaning of the
term 'permaneltlyfhel by its. cont
junction with the words insane, idiotic,
with which it is relatively synonymous rs
shown by the connecting adverb other
wise this identity of meaning having spe
,cial reference to the ability of the benef-
! ciary to earn aisuppOrt That is, in the
sense that an insane or idiotic person
would be incapable of earning a living or
attending to his personal comforts. so one
/ suffering from permanent injuries or dis
ease of body, in degree that would pre-
| vent him from performing any labor or
from caring for himself. would be help
/ less and entitled to- the benefits conferred
by the said proyiso. -. &c.,
Tie permanent helplessness" necessary
4 to entitle children to continuance Of pen
sion after reaching the age of 1G need not
/ be OF a mental character, but may be pure
~ physical. 10 p. D., 224;s ease of Rod
key, May 81, 1897
The rate of widows and cIlildren's PEN
| si0ns under the general law is 1.-THE same
pension as the husband or father would
have been entitled to had he been. totally
disabled" as provided by section 47O2
/ Revised Statutes. Thus the original pen
sion Of the widow or children Of Lien
tenant-Colorel or officer of higher rank IS
$50 per month, the total disability rate
Of THAT rank.
ADDITIONAL RATE ON ACCOUNT OF cII1L-
/ DREN.
Section 4703. Revised Statutes. embody-
ing acts Of July % 1866. July 81. 1863.
and March 3. 1873, is as follows:
Sec. 47O3 The pensions Of widows
| shall be increased from and after the 18th
day of July, 1866, ut the rate of So per
month for each child under the age of Is
years of the husband OH account of whose
death the claim has been, or shall be
| granted. And i'll every case in which tho
| deceased husband has left, or shall leave.
no widow. or where his widow has died
or married again, or where she has been
deprived of her pension under the pro-
visions of the pension-law, the pension
granted to such child or children shall be
| increased TO, the same amount per month
| that would be allowed under the forego-
| ing provisions to the widow, if living and
entitled to pension: Provided, That the
additional pension herein granted to the
widow on account of the child or children
Of the husband by former wife shall be
paid to her only for such period of her
widowhood as she has been, or shall be,
charged with the maintenance of such
child or children; for any period during
which she has not been, or she shall not
| be, so charged. it shall be granted and paid
| to the guardian Of such child or children:
Provided, further, That widow or guard
| ian to whom increase of pension has been
or shall hereafter be, granted on account
of minor children shall not be deprived
/ thereof by reason Of their being main
| tanned in whole or in part ut the expense
| Of a State or the public in any educational
| institution, or in any institution organized.
| for the care of soldiers Orphans
1t is held that during her widowhood
the widow is entitled to draw the addi-
tiOnal allowance on account of Il per-
/ manentlv halnlasS child irrnrnoot;va Of tb,