The National tribune. [volume] (Washington, D.C.) 1877-1917, 1904-03-10


The net of March 2, 1875. may !.
considered asa legislative construction Of
and In substituted for section Ais. Re
vised Statutes, intended to take the place
of the Departmental construction of Sep.
TENDER 2S. 1892" Is +. D.. i94.
A decision rendered February ), 1897
holds:
"The act of March ., 1895. was intend
ed to govern the allowance and payment
IF accrued pension in all claims of de
ceased applicants adjudicated subsequent
10 September 2S. 1892. without regard t.
whether the applicant died before or after
that date Is =. d.. 439D
A decision rendered March 6. 1902 IL
+. D.. 20Sl. holds that accrued pension
of a deceased pensioner presumed dead
may be paid. notwithstanding that the fact
and date of death can not he proved
Payment may be made up to the date o.
disappearance.
REIMBURSEMENT.
In practice it is he'd that the act of
March 2, 1895, above. makes provision for
the collection of reimbursement for eX-
penscs of last illness and burial from the
accrued pension of all pensioners and pen
sion claimants.
The. extent of the Reimbursement" will
be limited TO the amount of the accrued
pension, or to the actual disbursement ii
less than the amount of the accrued pen
sion. 1t has been held that only one per-
son can make claim for reimbursement in
any case. In case of an insane pensiOner
reimbursement can be had, even though
the pension had not been drawn for more
than three years preceding death.
An act of June %. 1902. provides that
mo part of any accrued pension shall here.
after be used to reimburse any State.
County or municipal corporation for ex-
penses incurred by such State County or
municipal corporation under State law
for expenses Of the last sickness or burial
of deceased .pensioner."
This statute was prompted by decision
of the Comptroller Of the Treasurer. April
). 1901. holding that municipality might
obtain reimbursement for expenses of last
illness and burial of n pensioner.
The last sickness" within the contem-
plation of the law. is the immediate attack
which ends in death: but if the attack be
not acute it will be regarded as COM
meneing at the time when the condition
of the pensioner. or pension applicant. be-
came such as to require the regular aid
and attendance of another person.
PENSION CHECK OF DECEASED PENsIoNER.
In accordance with the terms of the act
of March 2, 1893. a pension check drawn
to the order of and mailed to a pensiOner
who dies after the execution of the pension
voucher and before indorsing the check, be-
comes part of the estate of the deceased
pensiOner, and is payable to the personal
representative of the payee's estate.
Ii there be an executor or administra-
tor. he should indorse the check in his rep
resentative capacity and attach thereto a
certified copy of letters testamentary or let
tiers Of administration and forward the
same through local bank to the Assist
ant Treasurer on whom the check is
drawn, for payment. 1t is no longer neces-
sary in any case in which there is an ex.
ecutOr or administrator to forward the
check to the Auditor for the Interior De-
partment for investigation.
If no administration is required on the
estate of the deceased, the check will be
paid to the person or persons who would
be the beneficiary or beneficiaries in case
of administration. but should be forwarded
TO the Auditor for the Interior Department,
for investigation and Recommendation to
the Secretary of the Treasury. 1t will be
necessary for the applicant for payment to
The Auditor for the Interior Department.
The reason for distribution of the estate
without administration will be required to
be shown, together with the name of the
person or persons who would be legally en-
titled to the proceeds of the check in case
of administration. also whether there are
debts of the decedent which are preferred
facts as are indicated on Form 52S," pro-
durable of the Auditor for the Interior De-
partment.
The foregoing has been the official prac-
tice in these cases since July /. 1901. as
provided bv Treasury Department Circular
No. IL. 1901, dated May 81. 1901. the form
er regulations on the subject, dated Sep
TENDER D, 1888, being thereby revoked.
STRAIGHT INCREASE.
An invalid pension for disabilities not
specific ii. e.. those for which no special
rate is fixed by law), can be increased i'm
rating whenever the disa b;lity increases
in such degree as to warrant II. Most
diseases are progressive, tending to become
worse. Other diseases are often developed
as sequels OF disease or injury for which
pension Is drawn; as, rheumatism result
ing in heart disease, etc. Then. too. i'm
cases Of inguinal hernia it sometimes han.
pens that the breach becomes so extensive
that truss no longer affords any relief.
and there is almost total disability as n
result.
In all such cases an increase of pension
is due.
As the rate Of pension can generally be
increased only by the filing of q formal
application, it devolves npon pensioners
to secure to themselves and their families
all to which the law and the degree of
their disabiement entitle them.
AS the highest limit of rating Of in
valid pension under the act of June q.
1880. is $12 per month, invalid pensioners
drawing under that law can not 90 above
$12, except by proving disability Of sery-
ice origin emitting them to rating great.
er than $12 under the general law. II
previously pensioned under the general
law and subsequently under the act OF
June q. 1890, an invalid pensioners title
to more than $12 under the general law
can be determined by q straightforward
claim.
An invalid pens:oncr drawing ST. un.
| der the general law can not go higher I'M
less ID the total rate of the rank in
which lie is entitled TO be recognized un.
| der the general pension law is higher, o,
% unless from pensioned disability alone
| or with additional disability proven OF
| service origin he can show an aggregate
| disablement Of service origin emitting him
| to one of the grade" ratings (see Grade
Ratings), or (3) unless he has proved
| disability of service origin for which !
| special rating in excess Of SIT is provided
INCREASE on ADDITIONAL DISABILITY.
Many persons applying for invalid pen
sion think they can claim on only one
wound, or injury, or disease; and thus
or for other reasons, omit to set forth II
| their application other causes of disa bilit,
| on account of which they are equally rs
1 we'll entitled tO nension With n fa,,, -