The National tribune. [volume] (Washington, D.C.) 1877-1917, 1904-03-10
UNITED STATES PENSION LAWS.
Comprehensive Digest Pension Legislation From the Fcunda
ton Of the Government.
coryr,eh,se. 1901. sy Tsl NATIONAL TRIBUNE
ARMY NURSES.

The net Of August 3, 1902, provides:
THAT all woinen emp. Dyed ny the Sur
geea- General Of the Army snrses. I'M
der contract or otherwise. during the late
war Of the rebellion. or who were eni-
ployed rs nurses during such period by
authority which In recognized by the War
Department. and who rendered actual
service as nurses in attendance upon the
sick or wounded i'm any regfmental, post,
camp. or general hospital of the armies
Of the United States fer n period OF six
months or more. and who were honorabiy
relieved from such service. and who are
now or may hereafter BE- unable to earn
support. shall. upon making due PROOF
of the fact according to such rules ana
regulations as the Secretary of the LIN
terror may provide. be placed upon the
list of pensioners of the United States and
be entitled to receive a pension OF Sl2 per
month, and such pension shall commence
from the date of the filing of the appil-
cation in the Pension Office after the pas
sage of this act: Provided. That no per
son shall receive more than one pension
for the same period
RATE, COMMENCEMENT AND DURATION.
The act of July %. 1868. and subse-
Quent enactments. as embodied IN section
&I20. Revised Statutes, provide:
See. APO. When the rate. commence
ment. and duration of pension allowed
by special act are fixed by such act. they
shall not be subject TO be varied by the
provisions and limitations of the general
pension laws; hut when not Thus fixed the
rate and continuance of the pension shall
DE subject to variation in accordance with
the general laws. and its commencement
shall date from the passage of the special
act. and the Commissioner of Pensions
shall. upon satisfactory evidence that
fraud was pcrpetrated in obtaining such
special act suspend payment thereupOn
until the propriety of repeating the same
can be considered by Congress-
RATES EqUALIzED.
The act of June 6, 1874, amends the
above and provides:
THAT all persons entitled to pensions
under special acts fixing the rate of such
pensions, and now receiving or entitled to
receive less pension than that allowed
by the general pension laws under like
circumstances are, in lieu of their pres
ent rate of pension. hereby declared to be
entitled to the benefits and subject 10 the
limitations of the general pension laws.
entitled. An act to revise. consolidate. anu
amend the laws relating to PENSIONS APP
proved March 3. 1878: and that this act
go into effect from and after its passage:
Provided. That this act shall not be con-
Etrued to reduce any pension granted by
special act"
TITLE SETTLED.
1t is held by decision rendered June %.
1901 I'll p. d.. 424D. that if. through spe-
cial pension act. Congress has recognized
the soldier as having been i'm the military
service of the United States. his widow
and minor children are entitled TO the
benefit of such recognition i'll the prosecu-
ton of their pension claims, without re-
sorting TO Congress again.
TIE GENERAL RULE.
The act of July IA. 1862. and later en-
sctments. as embodied in section 4115.
Revised Statutes. provide:
Sec. 1I15. Nothing in this Title the
general pension lawI shall be so construed
IS to allow more than one pension at the
same time to the same person or to per-
sons entitled jointly: but any pensiOner
who shall so eject may surrender his GER
tifcafe, and receive. in lieu thereof GER
tifcate for any other pension TO which
he would have been entitled had not the
surrendered certificate been issued. But
all payments previously made for any
period covered by the new certificate shall
be deducted from the amount allowed by
such certificate"
SPECIAL ACTS NOT EXCEPTED =
The act of July %, 1882, provides:
Sec. 5. That no person who is now re-
ceiving or shall hereafter receive pen
sion under a special act shall be entitled
to receive in addition thereto a pension un-
der the general law, unless the special act
expressly states that the pension granted
thereby is in addition to the pension which
said person is entitled to receive under
the general law"
PENSION UNDER ACT OF JUNE q. 1890.
The act of June q, 1890, contains the
following provisions:
Provided, That persons who are now
receiving pensions under existing laws or
whose claims are pending in the Pension
Office. may. by application to the Com
missioner CT Pensions. in such form as he
may prescribe, showing themselves entitled
thereto receive the benefits of this act:
and nothing herein contained shall be so
construed as to prevent any pensiOner
Hereunder from prosecuting his claim and
receiving his pension under any other gen.
eraI or special act: Provided, however.
that no person shall receive more than
one pension for the same period"
1t is held by decision rendered March
p. 1886 q p. D., 11S), that section AIS.
Revised Statutes, above. does not apply
to pension under the act of 1890. and.
therefore. though the pensioner may not
retain two pensions for the same period
he may have the benefit of the larger rate
whenever for any part of the period COW
cred by both pensions the rate allowed nv
one is larger than that allowed by the
other.
NAVY PENSIONERS.
II is apparently settled by Interior De-
partment decision of February IL, 1902
III p. d., 1GG), that the receipt of money
benefits under sections 4756-7, Revised
Statutes, for 10 or 20 years naval service
Is not bar to pension under the general
law or act of June u, 1890, and that the
beneficiary may receive both pension and
the benefits referred to. Ii is held that
while the money benefits granted by sec
tion 1857 ''are. in a general sense. pen
siOns. they are not pensions i'm the usual
and ordinary acceptatiOn of that term, and
were intended to be further provision
for the support of the benefciaries there
under in addition to pensions granted them
BY other laws"
PRESENT LAW.
The act Of March 2, 1895, repeal;nr ALI
former laws relative to accrued pension,
Is rs follows: '''
THAT from and after the cStb dav of
September. 1892, the accrued pension In
the date of the death of any pensiOner
or OF any person entitled to pension bav.
ing an application therefor pending. and
whether certificate therefor shall issue
prior or subsequent TO the death of sucb
person, shall, i'm the case OF q person non.