The National tribune. [volume] (Washington, D.C.) 1877-1917, 1905-12-14
PENSION DECISIONS.
Pathological Sequence Rhenmatism.
Septic NEUTRALITY-SUSPICIOUS. Disease
of BOnes-OsteOmyeliti

The soldier was pensioned for chron-
ic diarrhoea and resulting disease OF
rectum, and rheumatism and resulting
disease of heart, but no other affection
was esta blished as of service origin.
He died in 1904, 80 years after his
final discharge from the military SER
vice. of septic poisoning. due to an in
fictitious disease of the bones of his
right ankle, apparently the affection
known as acute osteomyelitis, and the
physicians in attendance claimed 1t
was due to rheumatism.
AS rheumatism is never followed
by suppuration." according to the state
ment of an eminent author. 1t appears
that suppuration is never an evidence
of rheumatism, and as 1t is clearly
shown that a suppurative disease was
the actual and determining cause Of
this soldiers death. the rejection of the
widows claim for pension under the
general law was fully warranted. Gao.
11-3-'06)
of July 4, 19O2-Act June 81, 1890.
Officers Enlisted Men Discharge.
Service.
Claimant was commissioned as Cap
tain in Kentucky regiment and was
dismissed from the service for absence
without leave. He subsequently served
two years as First Lieutenant in an
Ohio organization from which he was
honorably discharged.
AS an order for dismissal is irrevoc-
able, and as the second section of the
joint resolution Of July 1, 1902. applies
only to enlisted men and not to officers,
claimant Is without title under the act
of June q, 1890, not having been hon
orably discharged from all terms OF
service. al. 11-3-'05)
EN- luments - Pension - ConstructiOn.
Act of Feb. %, 1s05-speciaI Act.
The words "or other emoluments,"
used In the act Of Feb. q, 1905, have
no application to pensions.
(Act of February 81 1905, refers to
honorable discharge given to the en-
listed men of the goth N. Y. Inf. who
were court-martialed on the charge of
mutiny and misbehavior before the en-
envy, in consequence of their refusal to
serve after the expiration of what was
regarded by them as expiration Of their
term Of enlistment. The unexecuted
portion of the court-martial was set
aside Aug. Is, 1863, and the men re-
stored to duty) (42. s11-'05)
observation-disclosures of Pension.
Guardians-Imbecile- Lee
gal Residence-COnfiict of JnrisdictiOn.
A guardian was duly appointed for
pensioner, an imbecile, by the Probate
Court of b County, Ohio, in 1896,
when pensioner resided in and was
domiciled in said County. Pensioner
came later into the District of Column
bia with his daughter, with whom he
resided, and on her application, in 1905,
she was appointed his committee by the
Supreme Court of the District of Co
lumbia 1t is held:
% That it is a general rule Of law
applicable in this case that an insane
person or imbecile whose affliction did
not antedate his majority lacks 'capa-
city to change his dOmicile or legal
residence" and that it cannot be
changed by one not his guardian.
(2) That pension is not property or a
property right which would in itself
confer local jurisdiction upon any court
to appoint a guardian where the pen
sioner is already under guardianship
emanating in another jurisdiction.
CD That the appointment of COM
mittee in the District Of Columbia dur
ing the continuance Of the guardian
ship in Ohio, at time when pensioner
was not legal residence Of said
District, and was not domiciled and did
not possess property therein, should be
ignored in SO far as 1t affects said COM
mittee's right ito accruing and accrued
pension" and payments OF such pen
sion should be made to the Ohio guar
dian during the continuance Of his
guardianship. (43 11-21-'05.)