The National tribune., 1906-12-13
PENSION DECISIONS.
Practicc-nu,e 1-.ppt.sa,.-L,n,lta.,o.

Practice-i,uIe 1-Appenis--Limitati
Rule of the Rules, of Practice in
appealed pension claims provides that
appeals filed after March9d. 1905. will
not be entertained uniesss filed within
one year from the date of che rejection
or order complained, of. 4nl case, how
ever, where a claim has been rejected
more than one year and additional tes-
timony pertaining to the ground Of re-
lection has been filed and the Pension
Bureau within one yeaE Of, the date on
which the appeal was fled, has refused
to reopen the claim. the Department. on
proper appeal, will consider the claim
on IT'S merits; but the additional testi-
mony must pertain to the ground OF
rejection. If the additional testimony
does not pertain to the ground of re-
lection the appeal will be dismissed.
IL. a-eS-'06.
Line of Daty-Death Cause-Sulclde-In-
sa.ity-Patholokical Sequence.
The soldier served for more than
four years. There is no evidence OF an
hereditary predispOsition to insanity or
of alcoholism or any Of the more usual
causes of mental disorder. He became
insane almost Immediately after his
return from the arduous and perifous
Samar campaign in the Philippine
Islands. Under the circumstances.
therefore, his death In service by sui
eide will be accepted as having been In
the line Of duty. 13. s-29-'06.
Division Of Pe.sfoa-Practiee-Ru Ii
Molten fer Reyiew-LinsitatlOn.
A motion for review or reconsidera-
ton of Departmental decision in an
appeal from the action of the Bureau
of Pensions is required by rule 13 Of
Practice, to be filed within six months
from the date of the decision.
AS appellants motion for review of
was not filed until Sept. 21. 1905. it is
accordingly dismissed. II. 9-29-'06.
Division or Pension-Prnctiee--No
COmmittee-Parties.
Notice to pensioners committee is, in
legal effect, notice TO the pensioner.
Pensoner having been adjudged an
incompetent and placed in charge of al
committee under the laws of the State
of New York, the committee, and not
the pensioner. Is the proper party to be
heard before the Bureau or this De-
partment in defense of a claim filed by
his wife for one-half his pension under
the act of March 3, 1899.
Complaints against the committee
should be preferred in the court ap-
pointing the committee, and not in the
Bureau of Pensions or this Department.
Is. g-29-'06.
IetiOn-SpecIal. Act-Sus-
pension-Frnud-Secti 4.2O, Revised
Statutes.
When payment of pension is sus-
pended under section 1920, Revised
Statutes, by reason of fraud, the Secre-
tary of the Interior has no appellate
jurisdiction, Congress having. by its
own enactment, reserved such power to
itself. IS. 10-5-'06.
Fee-Attorney yship- p-Forfefture-Rule 10.
Sundays and Holidays.
Sundays and legal holidays are to be
counted in computing the allotted time
of an attorney under rule 13 (now rule
19) of the Rules of Practice, in which
to take the steps specified in the rule
for further prosecution OF a, claim for
pension. II. 10-10-'06. -.
Division of Pensi"n--Desertion-
d~nce-Decree-Res fJutIirata-Estop-I
pei. shz
Claimants cross bill. Wherein she
charged the pensioner with the same
acts of cruelty and desertfon which she
now alleges as a basislfor her claim 20
one-half of his pension. having been
dismissed for want ofGetIuity. by al
court of competent Jurisdiction. at the
hearing after. issue joined and proofs
submitted. she Is esteppedvto question
the decree or retry in the Bureau of
Pensions or before this Department the
same facts upon which the court based
its conclusion. Is. 10-40-'06. % s..
-Denfness-schedule OF Rates.
Act Of Aug. 27, 1882.
The appellant Is a pensioner on ac>
count of disease of right ear. Deafness
was alleged as result, but the degree
cI,p t. ~ 20 I1rf ho bod |
ule for deafness now in force. The fact
that the schedule does not cover his II
degree of deafness IS not due to any
violation of law, as contended but is \
due to the judgment of the administra- !
tive officer who established the schedule !
and who acted within the scope of his
legal authority. 19. 10-12-'06.
A Happy Bald-Headed Man. |
onn