The National tribune., 1906-04-26
PENSION DECISIONS.

Marriage Wisconsin - Michi8aa-Ie-
EItimacy-Div Divosce-Presumptio ption Of d.
yerce-Evtaence.
The parents of the claimants married
in Wisconsin at a time when the soldier
had n living undivorced wife. who sur
vived him. The right to pension ac-
donce Of dissolution of the first mar
riage by divorce. On the contrary, the
weight of the evidence is adverse even
TO presumption of divorce.
Held: 1. Divorce Of the parties to
the prior marriage is not presumed
either in Michigan or Wisconsin in or
der to validate second marriage.
.. Under any pension law title in q
minor is predicated upon the existence
OF a valid marriage between the par
ents.
3. The fact that child is born under
the color Of n ceremonial marriage is
immatcrial. The marriage of the par
ents, ceremonial or otherwise, must be
shown to have been valid according to
the lex domicilii.
4. For pension purposes the legitI-
macy of children born out of wedicch
depends upon the definition of legiti-
macy afforded by Revised Statutes.
section 4704. strictly construed.
3. a marriage contracted during the
existence of q prior marriage of either
Of the spouses is not voidable. as con-
templated by appellants. but absolute
ly void" without decree of court, ac-
cording to the laws of Wisconsin and
Michigan. n. 2-12-'06.
Aid and Attendance-Specifc Disability.
Obesity-Increase-O No. 74-Prac-
tice-NegIiEence.
Tho claimant now receives SIS per
month for the loss of his left leg. This
is the present specific rating for said
disability. The claim for increase was
based upon the allegation that the loss
OF the left leg caused obesity and led
to disa bility and uselessness of the right
leg. necessitating the regular and con-
slant aid and attendance of another
person. In the appeal. however, the
attorney asserted that such aid and at
tendance are required irrespective OF
the condition of the right leg.
The refusal to order medical exam
ination under the provisions. of Order
No. "a was fully warranted.
Medical authorities indicate that obe-
sity is usually due to overeating; that
hercdity appears to be an important
cause: that in other cases the excessive
deposit of fat is a manifestation of per-
verted function if not of actual disease.
Inactivity seems to be recognized as q
probable factor in some cases in con-
junction with either one or more of the
causes. but this is largely con-
jcctural, and such connection between
obesity and inactivity from the loss of
a leg cannot be established by conclu
sive proof, nor is it sufficiently probable
to warrant an allowance of incl ease of
pension.
Invalid pensioners are bound as pru-
dent persons to exercise reasonable care
to lessen their disabilities and obviate
further effects thereof: but this claim
ant appears to have contributed to his
present unfortunate condition by his
own neglect and impruGence. rs. q
1906.
Scryicc-EnliStment - Muster - Substi-
tute-Ciyilian.
There is TO reliable evidence that the
appellant was enlisted or mustered into
the military service of the United States.
A man who was not enlisted or mus
Tered into the military service of the
United States, but who, by private
agreement and with the connivance CT
the company officers, took the name
and place of soldier in the ranks and
served in his stead, has no pensionable
status. i. D., All; Z. D., 1856; 3
P. d., 800: 10 p. D., 16s. 79. 2-12-0S.
Cutters-Act of juno
~, 1890.
The order of the President of the
United States to the Secretary of tho
Treasury of June IA, 1868, directing CO.
operation by the revenue cutters with
he Navy ''in arresting rebel depreda-
ions on American commerce and trans
and capturing rebels engaged
was a general and continuing
)rder and was sufficient and ample au-
tNp fat ,tp1, fs,.,a u
after its date TO the end of the war of
The rebellion.
Where it appears as an historical fact
and of record that prior to the date
Of said order of the President of June
Il, 1868, the cutters of the Revenue
Marine were actively engaged as naval
force in warlike operations for the sup
preston of the rebellion in actual con-
nection and corporation with the regu-
lar naval forces of the Government or
under the orders of officers of the Navy,
or taking the place of and performing
the duty of war vessels of the regular
Navy, ii Is to be presumed that such
service was rendered by direction of
and under orders from the President
to Cooperate with the Navy in accord
lnce with the provisions of section 2757,
Revised Statutes.
The Bureau of Pensions should con-
under the second and third sections of
the Act of June 81, 1890, by and on
behalf of persons rendering service on
cutters of the Revenue Marine during
the war of the rebellion. of the charac-
ter and under the circumstances above
their widows and minor chill
dren. in accordance with the rulings and
of this Department laid
down in the decisions on appeal in the
claims of Louis Schaffer &c +. D.. 137)|
and William B. Watson 6 Z. d., 1872
and 1850.
1t appearing i'm the present case that
this appellant served on the revenuel
cutter Antietam from May /. 1864. to-
May /. 1855, and that during said period
said revenue cutter was under orders
from the President to cooperate with
the Navy, and was actively engaged in
such cooperation, assisting Sin arrest
ing rebel depredations on American
and transportation and cap
turing rebels engaged therein" his SER
vice thereon was a pensionabie service
under the provisions of section 2, Act
of June q. 1890. and he is entitled to
to the rolls il found other
wise qualified. 80. 21f-'0S.
Refought Battle of Winchester.
The battle of Winchester was fought