The National tribune., 1906-10-04
PENSION DECISIONS
Line Of Duty-Denth Cause-HOnorabls
Discharge.

4
Discharge.
The flesh wound of right hip OF which
| soldier died in the service is not shown
to have been incurred in the line OF
duty, but from the records of the War
i Department appears to have been re-
ceived while soldier was absent without
| leave.
| Death in the service under circum.
! stances not associated with the line OF
duty cannot be treated as tantamoun,
| to an honorable discharge within the
/ meaning of the act of June 27, 1890, as
amended by the act of May 3, 1900
| G23. 6-20-'eS.)
Division OF Pension-Act March 3, 1900.
| Practice-Rule 19-Evidence.
Appellant cannot for the first time
| raise a new question of fact or seek to
| frame a new issue of fact on appeal on
which no allegation or evidence was
offered by him before the Bureau Che
| having been afforded ample opportuni-
| ty to interpose his defense, and Of
which right he had availed himself)
for the purpose of securing a reversal
of the Bureau action allowing his wife's
claim for one-half his pension under
the act of March 3, 1899.
Rule 10 of Practice provides that
mo additional evidence upon the mer-
its of the claim should be filed by eth
er appellant or appellee or considered
on appeal" G24. 6-25-06.)
Marriage-NIafne-Mns Observation-Disclosures OF
Aug. :, 1Ss2-Impe ediment-Life Ini-
PrisOnment.
one party to a marriage contract alb
solves the other party from such rela-
ton without the Intervention of
legal proceedings under the statutes of
Maine. But in the State of Massachu-
sets. though such sentence is sufficient
cause for divorce, it does not dissolve
the marriage until so decreed by the
proper tribunal. What is generally
termed a common-law marriage is
not recognized as legal in the State
of massachusetts,. Other formalities
prescribed by statute are not deem
ed essential to valid marriage,
but it is required that a mar
riage ceremony be performed before a
person authorized by statute to so act
before the relation will be recognized
in such State.
No change in an illicit cohabitation
will be presumed by the courts of Maine
after the removal of the cause render
ing the relation Illegal, but a new con-
tract must be shown in fact. G25. g.
30'06)
Seryice-HOnorable DischarSe-War of
the Rebellion.
The war of the rebellion did not ter
inmate in New Mexico until Aug. 20,
1866.
Soldier was discharged from the Reg
ular Army in August. 1865, after a SER
vice rendered wholly in the Territory
of New Mexico. His discharge was ne
cessitated by venereal disease not inno-
Gently contracted. as far as the evidence
shows. Said discharge was therefore
from service during the war of the re-
bellion, and was not honorable within
the meaning of the act of June 27,
1890. 126. 6-30'06.)
Bounty I.and-Duplicafe Warrant-Sec-
tiOn 2441 of the Revised Statutes-EvI-
dence.
Soldier applied for a land warrant in
July, 1S47. A warrant was issued to
him in October, 1s47. and sent to his
attorney, but the same has never been
located In 1873 soldier filed another
application for a warrant, stating that
he had previously applied for a war
rant, but failed to receive it. He died
on July %. 1896, his claim never hav-
ing been further adjudicateG. The
widows application for a duplicate
warrant was rejected on the ground of
her inability to furnish evidence that
would justify the issuance of a new
warrant. caveat against the salts
faction of the warrant issued has been
filed, and special examination failed
to locate said warrant. 1t not being
among the effects of said attorney, de-
ceased. and diligent but unsuccessful
search has been made for said warrant
The evidence shows that soldier prior
to his death always cOntended that he
had right to a land warrant that had
not been satisfied. 1t is held that the
evidence is sufficient to show that said
warrant was lost or destroyed. warrant
ing reissue of the same under section
2441 of the Revised Statutes. (127.
1906.