The National tribune., 1906-04-12
PENSION DECISIONS.
Aid and observation-disclosures
Examinntion--E:yiacn

dence filed in support of the claim for
increase fails to show an appreciable
increase of disability from the PEN
stoned cause, and the refusal to order
a medical examination was fully war
ranted. q ~
Such assistance as the claimant may
require in dressing and undressing his
left foot does not constitute such fire.
quent and periodical aid and attendance
as are contemplated in said act. The
Department has uniformly held that
the required aid and attendance should
consist in something more than the
mere assistance rendered i'm putting on
Il garment or dressing or undressing a
single part of the body. (71. 1-22-
'O6.) sr-
Marriage-New YOrk-Diyorce-IIIino
NOtice-DOmicile - Decree Juristlic-
dictiOn-Act of Aug. :, 1852.
The following decision was rendered
i'll the claim of b, widow of a soldier
in the 18th Me. Vol. Inf, Act of June
27. 1890. She alleged that she was the
widow of the soldier: that they were
married in New York, Nov 80, 1871.
and that the soldier died March II,
1901. Her claim was rejected on the
ground that she was not his widow,
"he having been divorced from her
is contended that the divorce granted
in Cook Co, ILL.,. was invalid and void
in that mo personal service of the sum-
mons in said action was made upon the
claimant, and that there was no per-
Sonal or other appearance on her part
in said actiOn.'' and that a divorce so
obtained was of no effect in the State
of New York, where she resides and
did not dissolve her marriage (See
f1G nf AIar cI,aI u II
cited.)
In contemplation of the law the domi-
cile of the wife is with her husband
While her right to a separate domicile
under certain circumstances is recog-
nized by law, such legal jomicile is not
destroyed by the mere living apart Her
right of separate domicile is inchoa te
it requires some assertion on her par!
to be recognized. This question is one
OF law and fact to be judicially deter
mined by local court having jurisdic-
ton over her status. In the absence OF
such judicial determination the gen.
eral rule as to the domicile of the wife
Will obtain in pension cases. The right
10 pension accrues in the State in which
the soldier was domiciled at the time OF
his decease.
Marriage being an institution uni
versal and recognized alike by the laws
of all countries is a thing OF
international law" and the Act of Aug
4 1882. reafiirms the rule of interna-
tional law that the validity of par
ticular marriage is to be determined
by the law of the place where contract
ed, and its subsistence. fby the laws OF
the places of subsequent domicile
Proof of widowhood is TO be made un-
der the law Of the soldiers last domi-
ci1p-UhGTp a orI.in 1oct ct1hc lei
ed-as that is theo place where "the
right to pension acGrued.'
In pension cases a,;diyorce granted IN
one State in conformity with its laws
even though it be based on construc-
tive service, must be given full faith
and credit in all other States, and may
not be attacked collaterally except on
the ground that the petitioner was not
q bOna-fide resident of said State; and
in pension claims par9l evidence will
not be heard in such aan attack when
the court decreeing she divorce finds
the petitioner resided, In said State the
period. required by the. local statute.
Claimant and soldier were married
in the State of New York in 1871, and
he obtained divorce from her In Ili-
nois in 1886, and died in 1901. citizen
of the State of New York. The divorce
proceedings conform to the laws of ILL
Il resident thereof for more than one
year prior to the filing of his petition
1t is held that she is not his widow
(73. 1-31-'06.)
Pathological SeGuence-Denth Cause
EmbOlism of the Heart-Varicost
Veins.
1t is contended by the attending ply
sician that death in this case was due
to embolism of the heart; that the fataI
embolus was carried from the varicose
veins of right leg, for which soldier was
pensioned, and lodged in the heart. This
theory is not accepted. as it is not in
accordance with recognized pathology
GA. 125'06.)
Marriage - Divorce - Washin q ton-Im-
pcIimeDt - Evidence Presumption
Act of Aug. Z, 1882.
Appellant was married to one B. ir
the Province Of Ontario, and left him
on account of his abuse in 1877. In
1886, believing Il. to be dead, she mar
rjed ID. in British Columbia, and re-
sided with him in the State of Wash
ington until his death in 1900. B. died
in 1901. Within two years of her mar
riage to ID. she learned that B. was not
dead. There Is no direct evidence that
Z. ever obtained a divorce, and his
conduct from 1877 to the time of his
death affords no foundation for the pre-
sumption that he ever sought legal re-
lief from the bonds of matrimony
While the courts of Washington may
under some circumstances, relieve a
party OF the burden of direct proof OF
a divorce i'm order to justify a subse-
quent marriage, there are no circum-
stances in this case TO Justify the pre-
sumption that her marriage to r. was
legally dissolved during the lifetime OF
the soldier. She is consequently moi
shown to be the widow of the latter
tT5. 1-31-'06)
Seryice-Evidence-St Organization
The Department of the Interior is the
sole tribunal under existing pension
laws, charged with the determination
of the pensionable character of sol.
diers service.
Claimants service, as shown by rec
ord evidence, was rendered exclusively
in a State organization, from which. by
State authority, he was discharged priol
TO the acceptance of said organization
into the military service of the Fedora
Government. His military service was
consequently not a ypfnsionable one
| (76. 2-6-'06.)
| Presentation to the Sons.