The National tribune., 1905-11-09
PENSION DECISIONS.


Dependent Observation-Disclosures.
The putative father OF an illegitinlate
child has no pensiona BILE status under
any law granting pensions TO dependen,
parents on account of the service and
death of such child. GA. 9-25-05.)
Observation-Disclosures and Mistake-rrac-
observation-disclosures
The claim was adjudicated in 1883
and a rate of 81 per month allowed
claimant refused or neglected tn receive
the pension certificate. and his name
was stricken from the roll of pension
ers at the expiration of three years. a
claim for restoration was filed in 1894.
When this claim came up for consider
alton ii was found that the former ac-
ton was unWarranted and that Spe-
cial examination was required. The
claim was readjudicated in 1904. with
the allowance of So per month from
the date of original filing. and Sc from
March >. 1895. This action was fully
in accord with the rules of practice
and fully warranted by the facts pre-
sentcd t25. 925-'05.)
Observation-Disclosures Of In-'
dex Finger-Commencemc
Claimant was originally pensioned
from date of discharge in 1865 for loss
Of index finger although as matter
Of fact the finger was amputated be-
yond the proximai joint. For this i'll.
x,,~v ha "An.ivad 81 ner month Ia Jan.
IS. 1872, and 81 thereafter. He was
subsequently penSioned on account OF
other disabilities. and now receives SIT
per molth. His attorney appealed from
the rejection of a claim for rerating of
pension for the so-called loss of index
finger. cont ending that the claimant
should be allowed So per month from
the date of receiving the wound to
April ). 1884. and 81 per month there
after. being evidently unaware that the
claimant received the last-namCd rate
from an earlier date.
1. Invalid pensions We're never al
lowed or allowable from the date of in
Currence of disability in service.
2. After extended research and in
quiry at this time the Department is
unable to ascertain when the Office rate
of SIS per mouth for loss of an index
finger was adopted. The exact dates of
the earlier rulings in regard to the
rates fixed by Office practice. if they
were governed by specified dates, are
lost in obScufity.
3. The Department can see no rea-
son for disturbing the original action
in this case, which was evidently taken
in accordance with the practice prevail
ing at the time. AS stated in numerous
decisions, the Department declines to
disturb former ratings of pension where
IL
ror. either of law or of fact, about
which there can be no dispute, was in
volved (See P. D., 1897
4. In many instances the old rates
given in the earlier tables of rates fixed
by Office practice We're adopted merely
future adjudication of claims. Such
rates cannot be applied to claims which
had been adjudicated prior to their
adoption. (26. 9-25-'05.)
Marriage Louisiana - Slayes-Eman-
cipatiOn.
Claimant and soldier. former slaves
were ceremonially married in Louisiana
after emancipation Claimant during
servitude took up with a slave con-
sort with whom she lived until July,
1863. The evidence fails to show mar
ital cohabitation between them after
emancipation. Said slave marriage
therefore constitutes no impeachment to
her subsequent marriage To soldier ac-
cording to the laws of Louisiana.
Slaves became freemen in Louisiana
at date Of the adoption of the Constitu-
ton, July %, 1854, and not upon the
PRONUNCIATION of the Proclamation of
Emancipation, Jan. 1, 1863 OF. g.
25-'05.)
of StOmneh-Disease Of Liver and In
testines-Death Cause.
The soldier was a pensioner on ac-
count of catarrh of head and resulting
deafness. His death is shown to have
been due to disease of stomach, liver
and intestines, and no pathological re-
lation is demonstrated to have existed
between said catarrh and the fatal dis
ease, and said disease is not shown to
have been otherwise due to the soldiers
military service. (28. 9-25-'05.)
IA, 1S92-Increase.
The claimant is pensioned at the Sec
ond grade, $50 per month on account
of rheumatism and resulting general
debility and disease of heart. He is
not shown TO be entitled to increase to
$50 per month, the rate provided in
said act for pensioners who are dis
abled by pensionable affections ito such
a degree as to require frequent and
periodical, though not regular and con-
slant, personal aid and attendance OF
another person."
Mere precautionary attendance
which is evidently all that the claim
ant requires or receives, does not bring
any case within the purview of the stat.
ute. Both aid and attendance, frequen,
and periodical, must be required in or
der to entitle claimant to said rate OF
pension. $50. 9-25-'05.)
Division Of Pension-Act Of March 3
1S00-DeseFtiOn.
The Special Examiner I'm this case /.
shown to have performed his dutie.
fairly, justly and impartially, and nc
exceptions were taken to any Of his rul.
ings by claimant or her attorney, both
of whom were present at the examina
ton.
The evidence in the case shows thai
claimant, by her refusal to cohabit with
pensioner as his wife, without lega
justification, and her wilful and ma.
1icious destruction of his property, was
the party mainly at fault for the sepa.
ration of which she complains The
duties Of the wife, as wife, form and
constitute the consideration for the
husbands liability for her maintenance
(31. 9-25-'05.)
The LIST La. Cav.
Editor National Tribune: I would
IKE 10 nave you say something abou
the LIST La. Cav. 1t was in all Of the
engagements I'm RaukS'S Red Rive,