The National tribune., 1904-07-14

UNITED STATES PENSION LAWS.
Comprehensive Digest Of Pension legislation From the Founda
~ ten Of the Government.
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and mariHes of the naval service, as well
as to soldiers of the army"
No transportation is provided and no
communication in lieu of truss is allowed.
CORRECTION OF MUSTER.
The joint resolution Of July 26, 1866,
THAT in every case in which commits
stoned officer actually entered on duty rs
such commissioned officer, but by reason
of being killed in battle, capture by the
enemy, or other cause beyond his control
and without fault or neglect of his own.
was not mustered within a period of not
less than 80 days, the pay department shall
allow to such officer full pay and emolu
ments of his rank from the date on which
such officer actually entered on such duty
as aforesaid, deducting from the amount
paid In accordance with this resolution
all pay actually received by such officer
for such period.
''Sec. =. And be it further resolved. That
the heirs or legal representatives of any
officer whose muster into service has been
or shall be amended hereby, shall be en-
titled to receive the arrears of pay due
such officer or the pension provided by law
for the grade into which such officer is
mustered under the provisions of the first
section of this resolution"
TIE joint resolution of July II, 1870.
the ostensible object of which was to
amend and construe the preceding resolu-
ton, was self-testructive, being rendered
of no practical effect by proviso declar-
ing that it should not be construed to an
ply to eases in which. under the laws and
lawful muster could have been had under
the commission. even after the actual re.
cept of the same
PRESENT LAW
The act of June 3, 1854, amendatory of
the joint resolution of July II, 1870. and
the act of February g. 1887, amendatory
OF the act of June 3, 1891. finally expired
by limitation on June 3, 1905. and were
superseded by the act of February "a.
1881: which provides as follows
lhat any person who was duly ap-
pointed or commissioned to he an officer
or the volunteer service during the war
OF the rebellion. and who was subject 10
the mastering regulations at the time ap-
piled to members of the volunteer serv-
ice. shall be held and considered to have
been mustered into the service of the
tnltcd states III the grade named i'm his
appointment or commission from the date
from which he was to take rank under and
by the terms of said appointment or com
mission. whether the same was actually re-
ceivfd by him or not, and shall be EMIT. ed
to pay, emolrIments. and pension rs if ac-
tnafiy mustered at that date: Provided.
That ut the date from which he was to
take rank by the terms of his appointment
Or commission there was n vacancy to
which he could be so appointed or com
mssioned. and his command had either
been recruited to the minimum number re-
nnired by law ard the regulations of the
War Department. or had been assigned to
duty in the field. and that he was actually
performing the duties of the grade to
which he was so appointed or commits
stoned: Or if not so performing such duties
then he shall he held and considered to
have been mustered into service and to he
entitled to the benefits of such muster
from such time after the date of rank
given in his commission as lie may have
actually entered upon such duties: Pro
vided further That any person held as q
prisoner of war. or who may have been
absent by reason of wounds. or in hOspi-
tai by reason Of disability received in the
service in line Of duty. ut the date Of issue
OF his appointment or commission, if a
vacancy existed for him i'm the grade to
which so appointed or commissioned. shall
be entitled to all the benefits to which he
would have been entitled under this act
if he had been actually performing the
duties of the grade TO which he was ap-
pointed or commissioned Mt said date:
Provided further That this act shall be
construed to apply only to those cases
where the commission bears date prior to
June 20. 1863. or after that date when the
commands of the persons appointed or
commissioned were not below the minimum
number required by then existing laws and
regulations: And provided further. That
the pay and allowances actually received
for the period covered by the recognition
extended under this act shall be deducted
from the sums otherwise to be paid there
under.
"Sec g That the heirs or legal repre-
-,
service shall be recognized and established
under the terms Of this act shall be en-
titled to receive the arrears Of paw and
emoluments due, and the pension. If any.
authorized by law. for the grade to which
recognition shall be so extended.
"Sec. 3. That the pay and allowances
of any rank or grade paid to and received
by any military or naval officer in good
faith for services actually performed by
such officer in such rank or grade during
the war of the rebellion, other than as di-
rected in the fourth proviso of the first
section Of this act. shall not be charged
to or recovered back from such officer be-
cause of any defect in the title to such
officer to the Office, rank. or grade in which
such services were so actually performed.
"Sec. 4. That all acts and parts of acts
inconsistent with the provision of this act
be, and the same are hereby, repealed"
BENEFITS.
The correction of muster not only en-
titles the soldier or his heirs to the diff
ference in pay, in many cases amounting
to large sum. but makes difference i'll
the rate of pension under the general law.
when the pensioned disability or death
cause originated during period over
which recognition in higher grade has
been extended.
STAFFOFFICERs.
1t is held that staff-oficers appointed by
the President, do not come under the laws
for the correction of muster.
AFFECTING CITIZENSHIP.
The act of March 3, 1865, as embodied
In the Revised Statutes, provides as fol
lows:
"Sec. 1906. All persons who deserted
the military or naval service of the United
States and did not return thereto or report
themselves to provOst-marshal within so
days after the issuance of the proclamation
by the President, dated the 11th day of
March, 1865. are deemed to have voluntar-
lily relinquished and forfeited their rights
to citizenship, as well as their right 10
become citizens; and such deserters shall
be forever incapable of holding any Office
of trust or profit under the United States,
or of exercising any rights Of citizenship
thereof.
'Sec 1898. Every person who hereafter
deserts the military Or naval service of