The National tribune., 1904-06-16
UNITED STATES PENSION LAWS.
ton of the Government.
Copyrighted. 1904. By TEE NATIONAL TRIBUNE.


in belonged to volunteer organizations
from which they were discharged for the
purpose of such enlistment, is regarded as
a continuation of their service under their
original eniistments, and they are en-
TITLED to bounty according to the terms
ever, regarded as having been discharged
at%the close of the war, because of their
services being no longer required but by
way OF favor" and are thus not entitled
to the original bounty of 800, nor to un-
accrued installments of the intallment
discharge amounted to more than TWO
years.
UNITED STATES VOLUNTEERS.
No bounty is payable for enlistments
into the several regiments of United
States Volunteers" composed of rebel de-
serters and prisoners-Ofwar who had
taken the oath of allegiance to the United
States. But rebel deserters mot prison
ers-of-war) who enlisted into Union or
ganizations, for enlistments into which
bounty was as a rule payable, are entitled
to bounty if the conditions of the law un-
der which bounty is claimed have been
fulfilled.
DETAILED DUTY.
The joint resolution of July Is, 1866.
provided:
That where any enlisted man has been
or may be detailed for duty as a clerk, or
Tor any other duty in any executive bureau
at headquarters. or elsewhere, he shall not
by such detail be deprived of any rights to
due, but shall be as fully entitled there
to as though no such detail had been
made"
Previously it had been held that only
the bounty accrued at the date of the de-
tail was payable.
DISCHARGED TO ENLIST IN REGULAR ARMY.
Soldiers discharged from the volunteer
service, to ena BILE them to enlist into the
Regular Army, were not entitled to any
bounty. or installments of bounty, for
their volunteer service, that had not ac-
cr,Ied at the date of their discharge there
from. Thus a soldier who had enlisted
as volunteer for three years under the
act OF July ~, 1861, and was discharged
before two years service, to enlist into
the Regular Army, would not be entitled
to bounty under that law, but would come
enlistments into the Regular Army. If en-
listed or transferred into the Regular
Army merely to serve the unexpired term
CT his original enlistment. his services
would be regarded as continuous.
DISCHARGED FOR PROMOTION.
If discharged before two years service
to accept promotion to the grade of COM
missiOned officer, a soldier is not entitled
to any bounty but that actually accrued,
unless he come within the provisions Of the
act of July 20, 1883. his original enlist
prior to July %. 1861. lSee First Call
for Three-Years EOlunteers.')
DISCHARGED AS sUPERNUMERARY.
If discharged as supernumerary non
commissioned officers after April %, 1865,
soldier iS rfQl ha x,iYru
charged because of his services being no
longer required, and is entitled to full
bounty accordingly. If discharged as such
previous to that date, his discharge would
be regarded as having been "by way of
favor" and he would be entitled to no
more than the actual bounty. unless he
had served two years under his last enlist
ment.
DISCHARGED FOR CLOSE OF WAR.
All soldiers discharged because of the
lend Of the war;" or after April %, 1860
for an equivalent reason, to wit: that their
services are no longer required" are en-
titled to full bounty, unless enlisted after
July IL. 1864.
DISCHARGE FOR EXPIRATION OF TERM OF
SERVICE
The act of March 3. 1860. provides:
.eThat when soldiers discharge states
that he is discharged by reason of 'expi-
ration of term of service he shall be held
to have completed the full term Of his en-
iistment and entitled to bounty accord
ingly."
The effect of this law is to entitle to
unpaid installments of bounty. men en-
listed under the act of July 4, 1864. who
were denied full bounty because of their
not having served the exact periods for
which they enlisted: and to entitle to n
bounty not exceeding 500, certain men
enlisted during 1923 into old regiments.
to serve during the unexpired terms of
such regiments. If, however. in any case
presented the statement contained in the
discharge certificate that the man was dis
charged because of 'eXpira ton of term of
service or the statement therein as to his
term of enlistment. be manifestly erro-
neOus. or at variance with matters of rec
correct the discharge certificate to accord
with facts.
MILITARY CONVICT.
1t is held that the time a soldier served
as convict under the sentence of a court
martial must be considered in computing
the period of his service for the purpose
of bounty, unless by the sentence of the
court he was to forfeit all bounty which
might thereafter become due him.
ABSENCE WITHOUT LEAVE.
The period during which soldier was
"absent without leave" or ''deserter'
cannot be considered in computing the pc
riod of his service. He is not regarded as
"absent without leave" however, while
held in arrest by the civil authorities. un-
less he was convicted. If captured by the
enemy while "absent without leave" he
is regarded as on duty from and after
capture.
IN ARREST.
The period during which soldier was
held in arrest by the military authorities
is now considered in computing the period
of his service, if he was restored to duty
without trial, and no record exists show
ing the cause of his arrest, i'm such case
the presumption Of innocence remaining.
$25 ADVANCE BOUNTY.
The army appropriation act of July 5,
1862, provided:
Sec. 6. And be it further enacted, That
section ) of the act to authorize the EN-
ployment Of volunteers to aid in enforc.
ing the laws and protecting public prop
erty,' approved July 22, 1861, and section
of the act to increase the present mill
tary establishment of the United States,'
approved July %, 1861, shall be SO con
strued as to allow $50 of the bounty of
500 therein provided, to be paid immedi-
ately after enlistment to every soldier of
the volunteer forces hereafter enlisted
during the continuance of the existing
warD