The National tribune., 1906-09-06
PENSION DECISIONS.
Marriagc-Mississippi Of Aug.
1SS2-Impedimcnt.

VI
1SS2-Impediment.
In Mississippi a marriage solennized
in due form of law Is presumed to be
valid, Notwithstanding prior husband
or wife was last known to be alive and
undivorced within five years, and such
remarriage will be held to be invalid
only upon proof that said prior huS-
band or wife was alive and was not di-
vorced at the time of said marriage.
113. 5-9'06.
Marriage - Louisiana - Evidence - Al
1egata ct Probata.
When a party assumes to prove by
direct evidence that valid marriage
was celebrated on a particular occa-
sion, at a certain time and place, and
by a certain person. and the direct evil
dence fails to sustain the allegation or
to prove the fact of marriage. said
party will not be permitted to rely up
on other facts and circumstances of
the case as the ground OF presump-
ton that a marriage may have taken
place between the parties on some other
and different occasion than that al
legged.
Appellant alleges marriage to soldier
in Louisiana and endeavored to prove
it by direct evidence. which not only
failed to sustain the allegation. but
oHo"cu tHdt ho SuCn marriage was Cele-
brated. The fact that she cohabitsd
with soldier under the reputation of
marriage Is therefore not competent as
evidence from which to presume the
fact Of valid marriage at some time and
place other than that alleged. ia. s.
1906.
Prnctice-0rder No. 74-Duplfcate Dec
lnratiOns-Increase.
A second application for increase un-
accompanied by medical evidence, filed
while a prior application for increase
based on the same disabilities is pend
Ing and unadjudicated. is treated mere
ly as duplicate of the prior applica-
tion or declaration, and medical evil
dence filed subsequent to adjudication
does not necessarily have the effect OF
changing the character of the second
application or invoking further action
or adjudication thereon. III. 5-25-'06
Fee-Ferfeiture-Rule I2-Practice-Ap-
peal.
AcQuiescence by an attorney for a
period Of one year in the Bureaus ac-
ton as to payment Of fee Is failure on
his part to enter an appeal to this Se-
partment from said action within one
year from the date he became Charge
able with notice as to the allowance OF
the claim in which the fee was paid
116. 5-28'06.
Army Nurses-Act Of Aug. S, 1so7-yer-
vice-Evidence-Jurfs
Scrubbing floors. cleaning windows
making up cots. carrying slops. and
bringing food to the sick and wounded
in hospital are not services as nurse
in attendance upon the sick or wound.
ed" within the meaning Of the act OF
Aug. 5. 1892. emitting to pension under
said act.
The question whether the evidence in
| a pending claim shows service com.
ing within the meaning and intent oi
| the act OF Aug. s, 1892, emitting g
claimant to pension Hereunder, mus,
be determined by the Commissioner oi
Pensions and Secretary Of the Interior
| and not by the Surgson-General Of tho
Army. 118. 5-31-'06.
Fee - Attorneyshlp - Increase Prac.
tice-DupIicate Declarations.
Where a claim for Increase Is dis
posed of by the Bureaus action In con.
sidering it a duplicate claim, thereupor
a new declaration. when filed. il tht
| basis OF new claim for increase, as re-
CARDS an attorneys rights. 119. 5-31,
'O8