The National tribune. [volume] (Washington, D.C.) 1877-1917, 1904-02-04
UNITED STATES PENSION LAWS.
Comprehensive Digest of Pension Legislation From the Founda
ton of the Government.
1904. by The NATIONAL TRIBUNE.
FIRST PROVISION For WIDOWS OF LATE
WAR.

WAR.
In the act of July %, 1861, 'to au-
thorize the employment of volunteers TO
aid in enforcing the laws and protecting
public property" occurs the following:
Sec q. And be it further enacted. That
any volunteer who may be received into
the service of the United States under this
act and who may be wounded or other
wise disab led in the service. shall be en-
titled 10 the benefits which have been or
may be conferred on persons disabled in
q the regular service; and tine wiu0w II
there be one, and if not, the legal helis
of such as die, or may be killed in service,
in addition to all arrears of pay and al.
lowances, shall receive the sum of $780,
THE GENERAL LAW.
No pension provision was made for
widows or children of the late war until
the act of July ii. 1862, now embodied i'll
section 1902. Revised Statutes, which as
amended by the act of Aug. I, 1SS2, is as
follows:
See 1902. If any person embraced
within the provisions of sections 4692 ana
1853 has died since the 18th day OF March,
1861. or hereafter dies, by reason OF any
wound, injury. or disease which under the
conditions and limitations of such sections
would have entitled him to an invalid pen
sion had he been disabled, his widow, or il
there be no widow, or in the case OF her
death without payment to her OF any part
of the pension hereinafter mentioned, his
child, or children. under 16 years of age,
shall be entitled to receive the same pen
sion as the husband or father would have
been entitled TO had he been totally dis
abled, to commence from the death OF the
husband or father, to continue TO the
widow during her widowhOod. and to his
child or children until they seyeraliy at
tain the age of Is years, and no longer;
and if the widow remarry, the child or
children shall be entitled from the date OF
remarriage, except when such widow has
continued to draw the pension money al
ter her remarriage, in contravention or
law. and such child or children have re-
sided with and been supported by her,
their pension will commence at the date
to which the widow was last paid.
Note that unless the husband and
father incurred, in the service and line OF
duty, wound, injury. or disease, which
was the cause of his death, directly or IN
directly. there is no title TO pension under
the general law for the widows or chill
dren. But it is not required that he must
have been a pensioner or claiming pen
sion at the date of his death.
DEATH-CAUsE.
In general the death-cause must be di-
rectIy due or attributable TO disability IN
Cured in the service. A great liberality
in this regard manifested in some in
stances few years ago, has not been
sustained in more recent years, but the
tendency appears to be in the direction Of
a return TO greater regard for the rea-
sonabie probabilities of a case
If the death occurred in the service, the
difficulty of showing death due TO service
and line of duty is reduced to the mini
mum, all the material facts being usually
fully shown by official records. In de-
eision rendered March 8, 1896, it was held
that
Where it is shown thar a soldier was
sound at enlistment and died in regimerital
hospital of disease, the exact character
and nature of which disease is not shown,
the testimony relative thereto being con-
ficting, it will be presumed, in the alb
sence of evidence TO the contrary, that he
died of disease contracted in the service
and line of duty" Is p. D., 98.l
When death occurred after lapse OF
some years from discharge, the connection
of death-cause with the service is often
difficult 10 show. A decision rendered
Sept. >, 1896, says:
Soldier, during his fatal illness, snf-
fered from disease of heart, result OF
rheuma tism, for which he was pensioned,
and also from disease of lungs, which is
not conelusively shown to be due to the
service. though the evidence strongly tends
to establish the same. Both disease of
lungs and disease of heart were factors in
causing death. but it can not be deter
mined with any degree of certainty which
OF the two diseases was the predominant
cause, or contributed most toward pro-
dueing death: and it is held that, from the
evidence, it is more reasonable to assume
that death was due TO soldiers military
service than to assume that it was not.
and the doubts in the case will be resolved
in favor of claimant" q T. D., 216)
A decision rendered March 8, 1897 g
7. d.. 474), sustains decision of Aug
Dc 1873 which held that
Where soldier died of pneumonia in
grated on previously existing incurable
disease of lungs. caused by his army ser
vice. his death is accepted as due to the
service" q Z. d., o. s.. 49,
A decision rendered April IA, 1897,
says:
Soldier was pensioned for disease of
the kidneys. result of injury of the back
The disease of kidneys is shown to have
existed all the time in more or less severe
form from discharge TO death. He also
suffered for a few years before death from
rheumatism of the left shoulder, never
very serious. He died of dilatation of the
heart. 1t is held that the disease of kid
neys was the predominating disability, and
the more likely cause of the fatal disease
in view of all the evidence, and that what
ever doubt may exist on the subject should
be resolved in favor of the claimant"
Is Il. d., 511.)
A decision rendered Ang. 81. 1897 % r.
D., 1f3D, confirms a decision rendered JAN
IL. 1890. which held that
Where the evidence, lay and medical,
goes TO show that the cause for which pen
sion WAS granted to soldier was COM
plicated with disease which was the i'm
mediate cause of the soldiers death. the
Department will sustain the widows
claim for pension on account Of the sol
dier's death from said complication of
causes, holding the same, for pensionable
purposes, to be due to the line of duty i'm
the service" CO Z. d., 313.)
In the earlier case the disabilities Of
service origin became complicated, in last
illness, with cerebro meningitis. not path
ologically related to the other disabilities.
but which became the immediate cause of
death. The decision says that the pre-
ponderance of evidence goes TO establish
the fact that the soldiers death was the
legitimate end of long period of shat
tered health, the beginning of which is di-
rectly traceable to the service. which he
entered. after a thorough examination, as
q stout and healthy man." In the later
case heart disease, due to rheumatism Of
service origin, was complicated i'm last i'll.
hess, with suppurative disease Of lungs,
which caused death Tie decision says:
1T is not medically established that
there was a pathological connection be-
4Vaan tho Iunp faStan and baart afeans;.,.