The National tribune. [volume] (Washington, D.C.) 1877-1917, 1904-01-21
UNITED STATES PENSION LAWS.
Comprehensive Digest Pension Legislation From the Founda
ton of the Government.
Copyrighted. 1904. by THE NATIONAL TRIBUNE.
OBSCURE DISEASES.

OBSCURE DISEASES.
A decision rendered June %, 1897, q
F. D., Ar, which affirms a decision rem
dered July 10, 1884, which declared that
when the evidence presented by
claimant is sufficient to satisfy the mind
pensionable disability from some obscure
cause (such as rheumatism, neuralgia,
myalgia, or angina pectoris) exists. al
though no physical signs of it can be dis
should be allowed at rate proportionate
to the degree of disability proved"
souNDNEss PRIOR TO ENLISTMENT.
The pension appropriation act of March
3, 1885, contains the following provision.
which is still in force:
Provided, That all applicants for pen
sion shall be presumed to have had no dis
ability at the time of enlistment; but such
presumption may be rebutted."
LINE OF DUTY.
By Joint resolution, April IL, 1866,
Congress declared
THAT the true intent and meaning Of
the words or in the line of duty used in
the fourth section of the act approved
March 5, 1865, entitled An act to amend
the several acts heretofore passed to pro-
vide for the enrolling and calling out the
National forces, and for other purposes,
requires that the benefit of the provision
of the said section shall be extended to any
enlisted man or other person entitled Dy
law to bounty who has been or may. be
discharged by reason of a wound received
while actually in service under military
orders. not at the time on furlough OF
leave of absence, nor engaged In any uniaW-
full or unauthorized act or pursuit.
Though the above was in relation to a
provision for the payment OF bounty TO
certain soldiers discharged the service by
reason of wounds received in line OF
duty" it is a clear legislative expression
of much value in the determination OF
pensionable line of duty.
1t seems now to be settled that SOL
der or sailor is in line of duty when
ever present at his proper place, ready
for such duty as may be required or MIN,
engaged in no act in violation of regula-
lions or the orders of his superior officers,
and guilty of no fault or negligence. Thus,
soldiers injured while engaged in athletic
sports and bathing, are regarded as IN
line of duty.
A soldier, captured while absent on
furlough given for personal reasons, or
while absent without permission outside
the lines (but having no intention to de-
sert). and who contracted disability while
having contracted the same in line OF
duty. Under some circumstances soldier
mourning disability while absent with per-
mission, as, when hunting, and without
fault or improper conduct on his part, Is
regarded as in line of duty.
Section 400, Revised Statutes, based
on the acts of July 6, 1866, and March
3. 1873, is as follows:
.'Sec. 400. Officers absent on sick leave,
and enlisted men absent on slck-furiough
ton to which they belong, shall be regard
ed in the administration of the pension
laws in the same manner as if they were
in the field or hospital.
!, The present construction of the above
law, as to veteran furlongh. is such as to
defeat its obvious intent. AS the veteran
furlough did not actually begin until the
men dispersed to their several homes. it
.nanifestly renders the law of no effect
to hold that while they were thus dispersed
they are not to be regarded as in line OF
duty.
ENLISTMENT.
There must be an official record in the
War Department of the enlistment, In
order to render the clause whether regu-
larly mustered or not (first subdivision.
section, 1893. X. s. OF any avail. In only
any records of enlistments before March
3, 1868, when the recruit was never actual
" mustered into the United States service.
Under the act of March 3. 1863, the Fed
eral Government assumed entire charge
of the recruiting machinery formerly con-
trolled by State authorities: u. s. Pro-
yost Marshals, enrolling officers. ETC., be-
ing appointed in each Congressional dis
trict.
TERMINATION OF SERVICE.
'aThe period Of service of all persons
entitled to the benefits of the pension laws,
or on account of whose death any person
may become entitled to pension, shall be
construed to extend to the time of dis
banding the organization to which such
persons belonged, or until their actual dis
charge for other cause than the expiration
Of the service of such organization Sec
ton 4701, Revised Statutes; act Of June
q, 1866, and March 3, 1879
coLogED SOLDIERS. FORMERLY SLAVES.
"All colored persons who enlisted in the
Army during the war of the rebellion, and
who are now prohibited from receiving
bounty and pension on account of being
borne on the rolls of their regiments as
slaves shall be placed on the same foot
ing, as TO bounty and pension, as though
they had not been slaves at the date of
their enlistment" lSection 4123, X. s. /;
act Of March 3, 1879
STATE MILITIA.
In addition to their legislation now
embodied in the first and third subdivi-
sions of section 1853, Revised Statutes,
already quoted the Missouri Home
Guards. organized in the Spring Of
Home Guards. organized in the spring. of
1861 for the defense of the State, and that
were called out and actually served in
the field under proper authority and in a
regular military capacity, are especially
provided for by the act of March %,
1862 This act declares that all officers
and enlisted men who, previous to its date,
were actually employed in the military