The National tribune., 1906-02-15
PENSION DECISIONS.
Service - Militia - Pennsylvania Sec.
1903, II. s.

Service - Militia - Pennsylvania - Sec.
1903, II. $.
A member of the State rniiitia called
out and accepted into the United States
serv'c- by the President is pensionab BILE
under the first subdivision of Sec. 1893
Of the Revised Statute for disability
incurred while actually serving the
United States in pursuance of such or
ders from the President. but not other
wise. (55. 12-S-'05.)
Marriage - Divorce - Indiana - Notice.
Non-Residents - Jurisdiction - Decree
of Nullfty-ReOpening.
Under the Indiana statutes where di-
vOrce Is obtained upon constructive no.
tice by publication the libeIIant is in
hibited from remarrying within two
years. marriage in disregard Of this
inhibition is unlawful, but not void I'M
less within two years the divorce pro-
ceedings are opened upon application
of the nonresident Iibellee 1t is void
able, however. at the instance of the
innocent party thereto, and when thus
nullified by the decree Of a court Of
competent Jurisdiction in said State in
a suit inter parties. said decree is con-
elusive as to said party's status in
claims before the Bureau of Pensions,
provided the decree was not obtained
through fraud for the purpose of affect
ing pensionable rights.
Claimant was pensioncd az the widow
Of A, and was dropped from rolls on
account of her remarriage TO L. in In
diana in 1894. Il. had Il living undi-
vorced Wife, upon learning which claim
ant ceased to live with him. He there
fore procured divorce from his wife
upon constructive notice, bringing him
within the statutory inhibition above
referred to. In disregard thereof he
remarked claimant in said State in 1898.
and lived with her about two years,
when they again separated In 1901
she applied for and secured n decree
of nullity as to both marriages. out of
the Circuit Court of Hancock County
Ind. Said decree shows all the essential
jurisdictional facts. and there is no evil
dence of it's procurement through fraud
to affect pensionable rights. Held:
Claimants status il that of the widow
of A, and she is accordingly entitled to
restoration. CSC. 12-12-'05.)
Bounty Land-Act Of March 3 1858.
Observation-Disclosures 243O, Revised
Statutes.
Under the Act of March 3, 1856.
minors who were such on the date of
the passage of that act are entitled to
bounty-land warrant. irrespective Of
their ages at the date of their fathers
death. (57. 12-12-'05D
Territory Nebraska - ImpedIment.
EVidence-RecOrd.
Claimant and soldier were ceremon-
tally married in the Indian Territory in
1880 at q time when he had living UNI
divorced wife, who died prior to the
time of his decease. Claimant and SOL
der were cohabiting in what is now
Oklahoma Territory at the time of the
organization of its Territorial form of
I'm .1,... tsNx
Act of May 2. 1890. and the right to
pension accrued therein.
]. BY said act the laws of the State
or Nebraska concerning marriage were
III force until the date Of the adjourn
ment Of the First Territorial Legisla-
ture. Dec. "a, 1890.
:. According to the laws of said State
marriage is n social status, and it may
be formally established by the mutual
consent Of parties legally capacitated
said consent may be expressed by con-
duct as effectively as by words, and
proof of the conduct is proof Of the
consent. Following University OF Mich
| iGan VS.. McGuckin ga Neb. 5000.
). Upon the removal of an impedi-
| ment whereby capacity to marry is ac-
CURED, the fact that the original rela-
| ton OF the parties was meretricious is
immaterial so long as there be evidence
indicating marital consent at a time
when both We're free to- contract
4. The record in this case being de.
| ficient on material points. the case is
remanded for further evidence as to
| exact date of death of the first wife
and as to the conduct of parties sub
seGuent thereto. (58. 12-12-'O5.)
Service - Discharge - Honorable Dis
charEe-Substitute Fraud.
Claimant enlisted in the United States
Army Aug. 81, 1864; served several
| months and returned to his home. His
brother. by collision with the Captain
OF the company, was substituted for
MN, answered to his name and was
| mustered out i'm his stead on June 80
1855. The ordinary certificate of dis
charge was issued i'm the name of claim
ant. The record fails to show his a b.
sence, but recites that he with his regi-
ment was mustered out as aforesaid.
1t is held:
l. That "muster-out," l. e., formal
discharge, Is not an essential part of
an honorable discharge and is not a
prerequisite to title under the Act OF
June q, 1890.
.. That claimant. his brother and the