The National tribune. [volume] (Washington, D.C.) 1877-1917, 1904-03-17
UNITED STATES PENSION LAWS.
Comprehensive Digest Pension Legislation From the Founda
ton of the Government
Copyrighted. 1904, by TIE NATIONAL TRIBUNE
MEXICAN WAR PENSIONS.

MEXICAN WAR PENSIONS.
Mexican war service-pensioners who did
not obtain increase of pension to $12 from
the date of the act first authorizing such
increase, January 5, 1893, can obtain a
re-rating of pension to allow the increase
back to said date, by furnishing the neces-
sary proofs.
Various enactments as embodied in sec
ton I719. Revised Statutes, provide:
''Sec. 4719. The failure of any pen
sioner to claim his pension for three years
after the same shall have become due shall
be deemed presumptive evidence that such
pension has legally terminated by reason
of the pensioners death, remarrlaSe, re-
covery from the disability, or otherwise,
and the pensioners name shall be stricken
from the list of pensioners, subject to tile
right of restoration to the same on new
application by the pensioner, or, il the pen
sioner is dead, by the widow or minor chill
dren entitled to receive the accrued pen
sion, accompanied by evidence satisfac-
torily accounting for the failure to claim
such pension, and by medical evidence in
cases of invalids who were not exempt
from biennial examinations as to the con-
tinuance of thu. disability.
CIVIL SERVICE
The act of March 1. 1879. provides
THAT all persons who under and by
virtue of the first section of the act en-
titled An act supplementary to the sew
kral acts relating to pensions, approved
March 3, 1865, were deprived of their pen
yions during any portion OF the time from
the Sd of March, 1865, to the 9th of June.
1866, by reason of their being in the civil
service of the United States, shall be paid
their said pensions, withheld by virtue of
said section of the act aforesaid, for and
during the said period of time from the
Sd of March, 1865, to the 9th of June,
1866"
1912 AND INDIAN WARS.
The act of March 8. 1873 1.-THE last 1912
War service-pension law provides:
See. 5. That the Secretary of the In
terror be, and he is hereby, authorized and
directed to restore to the pensiOn-rOlls the
names of all persons now surviving hereto
fore pensioned on account of service In the
War of 1912 against Great Britain or for
service in any of the Indian wars, and
whose names were stricken from the rolls
In pursuance of the act entitled An act
authorizing the Secretary of the Interior
to strike from the pension-rolls the names
of such persons as have taken up arms
against the Government or who have IN
any manner encouraged the rebels, ap-
proved February 4, 1862; and that the
Joint resolution entitled Joint resolution
prohibiting payment by any officer of the
Government to any person not known to
have been opposed to the rebellion and in
favor of its suppression approved March
2, 1867, and section 4716 of the Revised
Statutes of the United States, shall not
apply to the persons provided for by this
act: Provided. That no money shall be
paid to any one on account of pensions for
the time during which his name remained
stricken from the rolls.
''Sec. 9. That the surviving widow of
any pensioner of the War of 1872, where
the name of said pensioner was stricken
from the pension-rolls in pursuance Of the
act entitled An act authorizing the See
rotary of the Interior to strike from the
pensiOn-rolls the names of such persons
as have taken up arms against the Gov
eminent or who have in any manner en-
couraged the rebels approved Fezryary A.
1862, and where, under the existing pro-
visions Of law, said pensioner died with
out his name being restored to the rolls
shall be entitled to make claim for pen
sion as such widow after the passage of
this act: Provided. That no such arrear-
ages shall be paid for any period prior tG
the time Of the removal Of the disability of
the pensioner, as provided in section five"
Irrespective Of the above law, IL the
charged or presumed disloyalty were err
roneous and loyalty to the Government
could be shown, the pensioner conld, dur
ing his or her lifetime, obtain restoration
of the pension from date Of last payment.
1t will be observed that this act has no
application to Mexican. War pensioners
who were dropped, and who must still
prove loyalty in order to be restored to
the rolls, unless applying under the serv-
ice-pension act Of January %, 1887.
ABANDONMENT OF CHILDREN.
A widow, pensioned as such and de-
prived of her. pension because OF being
adjudged to be an unsuitable person to
have the custody of her children. or be-
cause Of her abandonment of them. be-
comes entitled to restoration from the date
the children become 16, unless she be
living in ''Open and notorious adulterous
cohabitation."
ADULTEROUS CoHABITATIoN
lie, under the former Interpretation of
the act of August Z, 1882. she was de-
priyed of her pension because of alleged
..open and notorious adulterous eohabita.
tion," she can be restored to the rolls
when it is clearly proven that the alleged
Capitalization" ceased before August Z.
II utterly erroneous.
ADVERSE EVIDENCE.
Pensioners are sometimes enormously
dropped because of the adverse report of
a Board Of Examining Surgeons or of n
u.
but i'm all such cases the pension can be
restored upon proper showing Of the
facts.
NONRESIDENT ALIENS.
In the pension appropriation act of
March !, 1893. was the following pro-
vision:
That from and after July /, 1893, no
pension shall be paid to a nonresident
who is not citizen of the United States,
except for actual disabilities incurred in
the service"
The above was repealed by the follow.
ing provision in the pension appropriation
act of March 2. 1895:
THAT SO much of the fourth pr0yiso of
an act entitled AN act making appro.
priations for the payment Of invalid and
other pensions of the United States for
the fiscal year ending June 30. 1894, and
for other purposes approved March 1,
1893, which reads as follows: ''That from
and after July 1, 1893, no pension shall
be paid to a nonresident who is not n
citizen of the United States. except for
actual disabilities incurred in the service
be and the same is hereby repealed
All nonresident aliens who were drop.
ped from the pension-roll under the ac,
OF 1893. above. are entitled to restoration
under the act of 1895, above.
DROPPED WITHOUT NOTICE.