The National tribune. [volume] (Washington, D.C.) 1877-1917, 1904-03-17


pension roll because of her husbands
| death as the result of wound or injury re-
| ceived or disease contracted in such mill
| tary or naval service, and whose name has
been or shall hereafter be dropped from
said pension roll by reason of her mar
riage to another person who has since died
or shall hereafter die, or from whom she
i has been heretofore or shall be hereafter
divorced, upon her own application and
without fault on her part, and If she is
without means of support other than her
| daily labor as defined by the acts of June
p, 1890, and May 8, 1900, shall be en-
titled to have her name again placed on
| the pension roll at the rate now provided
| for widows by the acts of July IA. 1862
March 3, 1873, and March 10, 1886, such
| pension to commence from the date of the
| filing of her application in the Pension Blu
| reau after the approval of this act: And
| provided further. That where such widow
| is already in receipt of pension from the
| United States she shall not be entitled to
restoration under this act UNLESS she re.
| linquishes present pensiOnl: And provided
| further. That where the pension of said
widow on her second or subsequent mar
rage has accrued to helpless or idiotic
child, or a child or children under the
age of Is years, she shall not
be entitled to restoration under this act
unless said helpless or idiotic child. or a
cHllu OF cnllQren UHQef 10 years Oh age.
be then a member or members Of her
family and cared for by her. and upon the
restoration of said widow the payment of
pension to said child or children shall
cease.
''Sec. .. That the provisions of this act
| shall be erfended to those iridOt0s other
,cise entitled irhose husbands died OF
during the period of their military and
naral serricc, but aoh0 acre dcprired OF
pension under the act of March 8, 1865,
because of their failure to drGtc any pen
sion by reason of their rcmarriage."
SERVICE BEFORE MARCH 4, 1861.
Various enactments, the latest that of
March 3, 1873, are embodied in section
Alb, Revised Statutes, as follows:
''Sec. Alb. In all cases in which the
cause of disability or death originated in
the service prior to the 4th day of March,
1861. and an application for pension shall
not have been filed within three years
from the discharge or death of the person
on whose account the claim is made, or
within three years of the termination of
a pension previously granted on account
of the service and death of the same per-
son, the pension shall commence from the
date of filing by the party prosecuting the
claim the last paper requisite to establish
the same. But no claim allowed prior to
the 9th day of June. 1866. shall be affected
by anything herein contained"
The above has no reference TO claims
or pensions under the service-pensiOn acts.
Pensions granted under the acts of Feb
ruary IA. 1871. March o. 1873, January
%, 1887, and July q. 1892. commence
from the dates of the respective acts I'M
der which the pension is claimed. without
regard to the time Of filing of the appli-
cation. Those granted under the act of
January %, 1887, will commence from
the date of the applicant becoming 81
years of age, il that age be not attained
until subsequent to the date of the act,
and the claim be not especially based on
disability or dependence.
A Mexican war widow who has re-
married since the date of the Mexican
war service-pension act of 1887, without
applying for the pension due her there
under, may nevertheless obtain the pen
sion up to date of her remarriage, by fur
nishing the necessary proof to show her
title during the period of widowhood af-
ter the date of the act.
SERVICE SINCE MARCH 4, 1861.
A provision of the act of July IA, 1862.
and of later laws, is embodied in section
400, Revised Statutes, as follows:
'Sec. 400. All pensions which have
been, or which may hereafter be, granted
in consequence of death occurring from
a cause which originated in the service
since the 4th day of March, 1861, or in
consequence of wounds or injuries re-
ceived or disease contracted since that
date, shall commence from the death or
discharge of the person on whose account
the claim has been, or is hereafter.
granted. or from the termination of the
right of party having prior title to such
pension; provided the application for such
pension has been or is hereafter filed
with the Commissioner of Pensions with
in five years after the right thereto
has accrued; otherwise the pension shall
commence from the date of filing the last
evidence necessary to establish the same.
But the limitation herein prescribed shall
not apply to claims by or in behalf OF
insane persons and children under 1G
years"
The act OF January %, 1870, taking
out from under the foregoing statute all
pension cases arising from disability or
death-cause incurred i'm service and line
OF duty during the war Of the rebellion.
provided as follows:
THAT all pensions which have been
granted under the general laws regulating
pensions, or may hereafter be granted, i'm
consequence OF death from a cause which
originated in the United States service
during the continuance Of the late war OF
the rebellion, or in consequence of wounds
injuries, or disease received or contracted
In said service during said war of the re-
bellion, shall commence from the date OF
the death or discharge from said service
Of the person on whose account the claim
| has been or shall hereafter be granted, or
| from the termination Of the right of the
party having prior title to such pension
Provided, The rate of pension for the in
| tervening time for which arrears OF pen
| sion are hereby granted shall be the same
per month for which the pension was origi
nally granted.
"Sec. 2. That the Commissioner OF
| Pensions is hereby authorized and directed
| to adopt such rules and regulations fol-
| the payment of the arrears of pensions
hereby granted as will be necessary ia
| cause to be paid to such pensioner, or, If
i the pensioner shall have died, to the per.
| son or persons entitled to the same, all
| such arrears of pension as the pensionel
may be. or would have been, entitled to
under this act"
| The act of March 3, 1870, AS follows
repealed section 400, Revised Statutes
above, and amended the act Of January o.
1870. i'm that it extended its provisions as
to the date of commencement to all pen
sions arising from service subsequent to the
termination of the war Of the rebellion
and it further provided that If in cases of
| pension arising from service at any time
| subsequent TO March 4. 1861, the appli