The National tribune., 1906-01-25
PENSION DECISIONS.
Rnte-Disab Grade-Mnnual
LabOr-Act of March 3, 1SS3-C0n-
Observation-Disclosures -

The claimant is now pensioned at the
rate Of $24 per month. third grade. on
account of disease OF eyes Uncluding
nearly total blindness of the left eye)
and nearly total deafness of left ear.
Incapacity for performing any man.
ual labor is prerequisite to the allow
ance of the next higher rate of PEN
sion-$30 per month, second grade
The wording of the statute is clear and
unequivocal. The incapacity for per-
forming manual labor must be COM
plete. but not so much as to require
regular personal aid and attendance"
Within the scope and intent of the PEN
sion laws the term manual labor In
cludes any work or chores of a useful
character performed with bodily exer-
ton and muscular effort.
AS it is evident from his own state
ments that the claimant really performs
various acts in the nature of useful
manual labor, 1t is quite clear that he
is not entitled to the rate Of pension
provided for incapacity for perform
ing any manual labor. 40. 11-25-'05.
Service-GeneraI Service Enlistments.
Clerks or Mcssengers-Act June "a,
1890.
Persons who enlisted in the General
service, United States Army" and were
assigned to duty as clerks or mes
sengers in the various Bureaus OF the
War Department, in Washington, dur
ing the progress of the war of the re-
bellion. are held to have served"
in the military SER
vice of the United States during the
war Of the rebellion within the mean
ing Of the act Of June 81, 1890.
SO. 1906.
Fee - Reratlng - Rehabilitation -One
Fee.
In a claim for rerating under the Act
Of Jan. 20, 1898, when there has been
an issue to allow rerating Of pension,
and subsequently Is filed motion by
the attorney in the claim to readjudi-
cate and allow rate from proper date,
such motion is not the basis of new
claim for rerating with respect to the
rights OF said attorney. 81. 11-29-'O5.
AduIterOus Cohabitation-Act of Aug. z,
1SS2-Evidence-Rest
Ordinarily adultery can not be proved
by the testimony of eyewitnesses. The
very nature Of the act implies secrecy,
and it's commission is usually manifest
only by circumstances not to be ex-
planned on any other reasonable hy-
pothesis than that Of guilt. It is a fair
presumption that all persons of good
morals will not place themselves in a
situation indicative Of guilt, and when
they do so, defying public opinion and
social conventions. 1T Is not unfair to
consider such actions as evidence Of
their guilt. When therefore their ac-
tons and manner of living would lead
reasonable and just persons OF guarded
clusion, their guilt, the denials OF the
interested parties and the favorable
testimony of those not fully acquainted
with the material facts do not outweigh
the circumstantial evidence of guilt.
So. 1129-'05.
Marriage - Mississippi - slaves - De-
pendent Parents.
The claimant and soldiers mother
were slave consorts In Mississippi at
the time Of soldiers birth, and the
mother. died before emancipation. Their
slave marriage was therefore never
ratified under the provisions of the act
of 1865 or Of the Constitution of 1859.
AS the laws OF descent and distribu-
ton in Mississippi do not recognize any
legal relation between the father and
his child by slave marriage unless
said slave marriage was ratified under
said act or Constitutior,~the claimant
out the right to inherit, he has no title
to pension as a dependent father.
SO. 11-29-'05. .fiea "f af@,,
diana.
Claimant and soldier were married
in Kentucky and cohabited as husband
and wife after emancipation to his
death-two years in Indiana and the re-
naming time In Kentucky. where he
died I'm 1902 1t is held: Cd That the
slave marriage was not ratified in Ken
lucky, because OF the failure in form to
confirm 1t as provided by the act Of
Feb. IA, 1866 (Kentucky). (2) That
their cohabitation in Indiana, the in
tention Of the parties being evidenced
by their declarations and deeds, con-
stituted marriage, valid therefore else
where. 81. 1896.
Ladies' of the GAR.