The National tribune. [volume] (Washington, D.C.) 1877-1917, 1904-03-17
PENSION DECISIONS.
Action Taken by the Assistant
Secretary of the Interior in
Appeal Claims.

RESTORATION OF WIDOWS PENsIoN-Acr OF
MARCH 3, 1901.
In the claim Of Laura A. Northway fol-
| restoration of her general law pension as
widow Of John T. ingalls,. under the act oil
March 3, 1901, the Pension Bureau hello
that the divorce procured by the claimant
from her second husband was imperative
in view of the fact that the said husband
had previously obtained divorce from
claimant.
In this case it appears plainly that the
deceased soldier had legally procured Q
valid divorce from this claimant; that sub
sequently and at time when she was nc
longer his wife-claimant appeared al
plaintiff in1anOther court, and without dis
closing the fact that the defendant named
by her as her husband had already di
vorced her, procured decree in her favor
Upon this decree she based her claim fol
a pension as widow Of the soldier.
In deciding the appeal Assistant Secre'
tary Miller, Oct 20. 1903. said:
THE Bureau rejected this claim on the
ground that-'The divorce from claimants
second husband was procured by him-lshe
was not divorced upon her own applica'
ton"
1.-The divorce alleged in this claim Is not
only nudity. with absolutely no force anC
effect. but it is also evidently a fraud on
the court by which it was granted. and an
dI Irduu Oh the oOVeTuuSHLs ue
marriage which it was meant to annul had
been dissolved by q court of competent
jurisdiction. The appellant was divorced
from her second husband on his motion. and
not without fault on her part, and she
therefore has no title to benefit under the
act Of March 3, 1901
action affirmed"
MARRIAGE-COLORED PERsoNs-PREsUAfP
TON.
In the general law and act Of 1890, pen.
sion claims Of Charlotte Gamble. colored
as the widow of Samuel Gamble. the Pen
sion Bureau held that the claimant is moi
riage to him having been in contravention
OF the law of Texas and was illegal and
void" the assumption being that the sol.
der was white person:
The law of Texas. from which State the
claim comes, forbade intermarriages oil
whites and blacks and refused to recognize
the relationship of husband and wife be
tween such parties assuming to marry. In
this case the husband was soldier in an
Illinois regiment, and SO far as his com.
rades knew he was white man: but he
married the claimant in Texas. told her he
had colored blood, and after marriage found
his associates among colored people. The
Bureau refused to pension her. asserting
that he was white and could not. therefore
under Texas laws. become her husband
wherefore she could not become his widow
In deciding the case Assistant Secretary
Miller. Sept. %, 1903. held that a certif.
cate Of marriage is prima facie evidence oi
a lawful marriage Of claimant and de
ceased, and that the Government must moi
go ont Of its way to question such evidence
when the authenticity of the certificate il
not questioned. The Government must as
sumo that the man would not violate thu
law when he married: therefore mist as
sumo, il he married q colored woman, that
he was a colOred man. Mr.. Miller con
cluded:
This case rests upon the decision Of the
question Of fact whether the soldier Samuel
Gamble was Of European blood or descent
This soldier must be presumed to have
acted innocently in thus marrying this
claimant in the face of a law making mis-
cegenation a crime and declaring such q
marriage null and void. The legal pre-
sumption is that he was Of African descent
when, therefore. claimant as widow
has shown q duly celebrated marriage t(
the soldier on whose account she claims
pension. she has prima facie established q
valid marriage to him. and It should BIZ
held to have been valid unless the evidence
In the case shows fully. clearly. and salts
factorily that it was invalid. There should
be at least preponderance of testimony
to the effect that it was invalid.
This claimant therefore should be held
to have satisfactorily shown a valid mar
riage to the soldier on whose account she
claims pension herein. Rejection Is re
versed accordingly"