The National tribune., 1906-03-22
PENSION DECISIONS. c
-ARryinnd-Dsstrict Of COluRs-
bia-AEe OF Consent-Cohabitatfon

Appellant and rs abldier cohabitea
under the appearances OF matrimony In
the State of Maryland from 1853 until
his death. No ceremony was perform
ed, and a common-law marriage is In
valid in Maryland. lit5fis claimed that
the exchange of marital consents took
place In the District of Columbia, al
though il was not followed by cohabi-
tation In said District. where a COM
,non-law marriage is lawful.
Marriage is a state created by the
exchange OF consents. and marital CO.
habitation affords indirect evidence of
the establishment OF that status 1t is
where this cohabitatioI: oc-
ours. whether within or without ju-
rsdiction recognizing the validity of
consensual marriage, provided the act
ual exchange of marital consent Is
shown to have been made within State
recognizing the validity of a common
law marriage
The evidence in this case falling to
show that the contract OF marriage was
made in the District Of Columbia.
valid marriage never subsisted between
the parties, and appellant Is therefore
not the widow of soldier.
Prior TO June 80, 1902, the age of
consent in females in the District of
Columbia was IL years. (66. LIS
'06.)
Dependent PareDts-Act OF June. 20
1s00-Section 47O7, Revised Statutes.
ConstructiOn-Sailors and Marines.
Section l of the Act of June 81. 1890.
comprehends and applies to the parents
of sailors and marines as well as to
those of soldiers. (67. 1-15-'0S.p
Dropping - Notice - Restoration - Ex-
aminlng Observation-Disclosures of the
Commissioner Jurisdiction Prac-
tiee-Evidencc.
1) Neither the law nor the regula-
tons of the Pension Bureau in 1871
required that the claimant be given
notice and an opportunity to be heard
| before his name was dropped from the
rolls.
CD Surgeons employed in the Pen
sion Bureau who were designated by
the Commissioner to examine pension
ers or applicants for pension were
duly appointed Examining Surgeons
| within the meaning of the law.
(3) The reports of three Examining
Boards, made subsequent to the date
! to which pension was last paid. show
| ing no ratabIe disability from the cause
for which said pension was allowed,
cannot be controverted by the testi-
| mony of claimants physician and &C
quaintances. -s
4) 1t was not necessary to obtain
| the consent or approval of the Secre-
tary of the Interior before dropping on
| the ground that the pensionable dis
ability had ceased. (6s. 1-22'06o
Pathological Sequence Rheumatism.
Arterioscierosis-Dlse of Heart
Neuralgia-Gangrene-
No material increase of disability was
shown from the pensioned causes-to
wit, rheumatism, resulting disease of
| heart and neuralgia. .fSaid affections
were not responsible. pathoiogically for
the loss of the claimants left leg prior
to the filing of the claim for increase
! or for the loss of his right leg subse-
| quent to the adjudication thereof.
The evidence shows that the ampu-
| tation of the claimants legs was neces-
STATED by dry gangrene, or seniie gan
creme. as the affection is generally
| called. This form oEgansrene is caused
by arterial occlusipn from arterioso-
senility. No pathological relationship
has been shown between rheumatism
and such arterial disease. (69. 1-22-
'06.1 -, G&S+SG
Pathological SequsHce:-Or Orixin-Hods-
amlnatiou.
| The sailors claim, for pension on ac-
count OF Hodgkin's, disease, for which
he WIS., discharged, was rejected on the
ground thet the records fail to show
that said disease originated in the SER
vice and line of duty, without any con-
sideration by the Medical Referee Of
| the medical questions involved.
TIE etiology of Hodgkin's disease Is
undetermined. It Is not recognized as
a result Of syphilis or any other disease
| Its prognosis Is ultimately fatal, and
| the average duration of life after the
disease has become pronounced is about
| two years.
Held: That the adverse action on the
grounds stated was unwarranted; that
! the facts Of record make this a prima-
facie case as to the service origin OF
| Hodgkin's disease.
| 1t is directed that the claim be re-
| opened and readjudicated in the light
| of such evidence as may be adduced
| by a special examination. go. 1-22-
'06.)