The National tribune. [volume] (Washington, D.C.) 1877-1917, 1904-02-04

States and the Kingdom of Srain."
1t will be noted that the act prescribes
three alternative conditions, the establish
ment of any one of which is sufficient. The
widow of Il soldier of the war of the re-
bellon is not debarred from pension un-
der, the general law by this act If mar
ried to the solder after March 3, 1890,
provided she proves that they lived to-
gether continuously to the date of his
death.
AS to the legality of marriage. the act
of Aug. Z. 1882, provides as follows:
Sec. 2. That marriages, except such
as are mentioned i'm section 47O5 of the
Revised Statutes relative to marriage of
colored persons and Indiansl shall be
proven in pension cases to be legal mar
riages according to the law of the place
where the parties resided ut the time of
marriage or at the time when the right to
pension accrued. v"
Thus, if a common-law marriage was
recognizable under 1.-The law of the place
where the parties resided ut the time of
| marriage or where the hush; nd died, and
there being no legal obstacle to their mar
riage. no other evidence of marriage is
necessary than to show that they lived
together as husband and wife, holding out
and recognizing each other, and being
recognized, as such.
The question of marriage in cases of
| colored persons or Indians is specially con-
sidered in section 1905. Revised Statutes.
embodying acts of July 4, 1864, June &
and Is, 1866. and March 3, 1873, and
which is as follows:
Indian soldiers and sailors who have died.
or shall hereafter die, by reason of
| wounds or injuries received or casualty
| received, or disease contracted in the mill
tary or naval service of the United States.
and in the line of duty, shall be entitled
= InJ hxyl Law,
without other evidence of marriage than
satisfactory proof that the parties wer1
joined in marriage by some ceremony
deemed by them obligatory, or habitually
recognized each other as man and wife,
and were so recognized by their neighbOrs,
and lived together as such up TO the date
of enlistment. when sllch soldier or sailor
| died in the service, or. if otherwise, to date
| of death; and the children born of any
marriage SO proved shall be deemed and
| held to be lawful children Of such soldier
| or sailor; but this section shall not be
| applicable to any claims on account of
persons who enlist after the Sd day of
March. 1872
4 decision rendered Sept. %, 1902 IL
p. d.. SD, holds that the marriage of
| cOlOred and Indian claimants for pension
under the general law may be proved
as legal according to the law of the State,
in view of the act of Aug. Z. 1882. section
-
consideration under that statute if not
provable under section 41O0, Revised Stat
utes.
PRIOR MARRIAGE.
The death or divorce Of any former
spouse of either party must be shown, to
| render legal the marriage of the claimant.
The long continued absence of a former
spouse sometimes raises presumption of
death, and renders legal Il marriage which
would not otherwise be legal, there being
no positive evidence of death of the former
spouse and there having been no legal
separation. Sometimes. according to the
| circumstances of the case, divorce will
be presumed, the place where it was OBJ
| tanned being unknown.
In decision rendered Oct 80, 1894 G.
=. d.. 1881, it was held that
Where one of the parties to a mar
| rage is ignorant OF the fact that the other
party had at the time Of such marriage a
legal husband or wife living from whom
he or she had not been divorced, and dies
in ignorance of such fact, it becomes Il
legal impossibility for the surviving party
to such second marriage who alone had
knowledge of the legal impeachment to
prove legal marriage, as in such cases
no consent can be proved after the re-
mOyal of the legal impediment.'
In the case in which the above decision
occurred, the soldier died i'm ignorance of
| the fact that at the time of his marriage
| to the claimant she had husband living
1 from whom she was not legally separated
and who died before the soldier, but of
which the soldier had no knowledge.
The principle of the decision is that a
person may not take advantage of his or
her own wrong. and il a claimant as
widow concealed from the soldier legal
obstacle to their marriage and he did not
learn that 1t ceased TO exist, no consent
TO n common law marriage could be shown
after the removal of the obstacle
Where the evidence of prior marriage
of the soldier or sailor is no better than
the evidence of death or divorce of the
former wife. positive evidence of the legal
termination Of the prior marriage will not
be required and the validity of marriage
to the widow-claimant will be presumed,
as, when the only testimony Of former
| marriage and death or divorce of former
wife rests upon the statements of the de.
ceased soldier or sailor. 10 p. d., 1913;
case OF Buchanan. Feb. 23 1907
In cases of colored persons who were
| slaves, and of Indians, the question of
prior, undissolyed marriage does not arise
unless the soldier and claimant were mar
| ried since his service and some former
| marriage. in slavery or otherwise, is held
| to have been confirmed and legalized.
| REASONABLE MINORITY OF CHILDREN.
Since the act of June Z, 1874. which
provided five years haH-pay for children
of certain military officers, while under
the age of is years." the pensionable
minority of children of deceased soldiers
and sailors has been uniformly fixed at Id,
years. Except as modified by the pro-
| visions of the act of June %, 1890, i'm
| case of permanent helplessness. the pen
| sion of, or allowance on account of. chill
dren terminates with their attaining their
| 18th year, as provided by Section 47O2.
Revised Statutes.
| Whenever the widow dies without re-
| ceiying any part Of the pension to which
she was entitled, and whether or not she
had previously remarked. the child or chill
/ dren under the age Of is at the date of
| the fathers death are entitled TO the pen
sion from the date of his death till they
seyetally attain the age of Is. If the
widow was in receipt of n pension, the
child or children under Is, mt the date
| Of her death or remarriage, are entitled
during the period from the date till they
seyerally become rs. If the widow re-
married and. In violation of law, continued
to draw her pension, the children, il they
continued 10 reside with her and were sup
/ ported by her after her remarriage. can
draw the pension only from the date of
last payment to her, and not from the
date of her remarriage.