The National tribune., 1906-01-18
PENSION DECISIONS.
RestOrati0n-Act Of March 3, 1901.
"Any War"-COnstructiOn of Active
EnlistmentS In Same War.

EnltstmentS In Same War.
The words during the period of his
service in any war in the act of
March 3, 1901. do not refer to a par
ticular enlistment but to any and
every enlistment during such war.
Claimant is therefore not barred I'M
der said act because of the fact that
soldiers fatal disease was incurred
during his first enlistment while their
marriage took place during the period
between the first and second enlist
ments, she having been his wife dur
ing his service in the war of the rebel
lion. and his death having been due to
such service. A. 103O'O5.
Prior Neutrality-suspicious. Of Dis
ability-AggravatiOn of Disability.
Secondary Cause of Disability-Prnc-
tice.
% In the opinion of the Department
the original action and allowance in
this case were hasty and premature,
the action of dropping the claimants
name from the pension roll was ILL
advised and the refusal of restoration
on the ground stated was unwarranted.
1t Is directed that further special ex-
animation be made to ascertain the
facts relating to the alleged injury in
service and to determine whether the
claimant was injured while employed
at Clinton, ILL.,, or elsewhere, after he
grown up, also, IHdl dnOlHer meul-
cal examination be made.
CD Hereafter when disability exist
ing prior to enlistment or disa bility in
Cured subsequent to discharge has
been elimated from the pension dis
ability, whether in original claims or
In claims for restoration or increase of
pension, the approvals should show
that the question of such prior or sub
sequent disability has been consid-
cred. As. 1885,
Pathological Sequence-Grnde Rates.
Aid and Attendance-Paralys
cOse veins-Disease Of Heart-Sun-
stroke.
Claimant receives $40 per month un-
der special act of Congress, but he was
formerly pensioned at $24 per month.
the third-grade rate under the pro-
visions of the general law. on account
OF varicose veins of both legs, and YER
tigo, headache, and irritable heart, re-
suits Of sunstroke. Since November
1901, he has been seriously disabled by
reason of partial paralysis of left side.
the result of apoplexy or cerebral
hemorrhage.
To warrant a rating in excess Of that
which he now receives 1t must be
shown that by reason of his pensioned
disabilities he requires the frequent
and personal aid and attendance of an
other person. but it Is evident that
whatever aid and attendance he re-
cetves and requires Is rendered by rea-
son of the partial paralysis. Except in
traumatic cases, cerebral hemorrhage
is invariably due to disease of the blood
vessels Of the brain, and usually to
some disease of the arteries-fatty de-
generation, arteriosclerosis, or ather-
oma-generally characteristic of ad-
vanced age. OF a large number of
medical authorities that have been ex-
amined none contains any reference to
sunstroke and its sequelae as possible
causes Of arterial disease-the neces-
sary antecedent of cerebral hem
orrhage. 1t is apparent that the affec-
ton of the heart was not a material
factor in causing the existing paralysis.
as. 11-25-05.
Marriage New York Pennsylvania.
Presumption Of Marriage impeachment.
Evidence.
Soldier married claimant in New
York in January, 1864. At that time
he had living undivorced wife. Both
he and claimant thought they had
capacity to marry by reason of his
wife's misconduct. Upon learning the
contrary, soldier obtained divorce
from his first wife. Thereafter, until
his death in 1898. they cohabited in
Pennsylvania as husband and wife and
were generally reputed to be such. She
Joined in deed in which he conveyed
realty. In 1892 he attempted to Sc
cure divorce, in which he alleged the
ceremonial marriage and the fact that
since then she had acknowledged the
existence Of the relationship Of hus-
band and wife-an averment admitted
by her in her answer. 1t is found as
fact that the parties intended matri-
mony from the beginning and that
their cohabitation after the removal of
1nDp6impnt ri ioI oil
though no new actual contract Of mar
riage is directly shown. Held: These
facts raise a presumption in favor of
marriage which overcomes the adverse
presumption attaching to the uniaw-
fulness Of the original relation, and the
claimant Is therefore the widow Of the
soldier.
While Capitalization and reputation of
marriage surviving for a short period
the removal Of an impeachment to mar
riage do not, in Pennsylvania, possess
in themselves sufficient probative force
to show valid marriage, yet when the
conduct OF the parties as a whole taxi
en- in connection with an original
matrimonial intention. is repugnant to
the idea that the relation is merely
meretricious, the secondary evidence
thus afforded is sufficient to raise the
presumption that the contractual fea-
lures of the marital estate were not
pacity to marry. and this presumption
outweighs the adverse presumption at
taching to the Illicit character of the
original relation. Al. 1866.
Marriage-Slavex-SOu CaroIina-Im-
Dediment-COhabitatiO
Claimant and A., the deceased SOL
der, both slaves, owned in South Caro-
lima, were married by a religious cere-
mony in 1855 and cohabited as husband
and wife until his enlistment in De-
cember. 1862. She then took up"
with c., another slave, and cohabited
with him during the remaining days Of
their bondage. In February, 1865, as
soon as they became free, they mi
grated to Georgia, and there lived as
husband and wife for at least four
years.
A., in January, 1866 was married to
I one Rosa. In 1870 A. deserted. Rosa;
claimant separated from c., and thew
| resumed their cohabitation, inter-
| rupted for period of nearly 10 years.
Rosa died in 1893. the soldier in 1894.
and c. and claimant still survive. It
| IS held:
1. That the moral marriage" enter
ed into between claimant and soldier
during bondage was invalid because of
their incapacity to contract while
L