The National tribune. [volume] (Washington, D.C.) 1877-1917, 1906-04-12
PENSION DECISIONS.
Aid and Observation-Disclosures
OBSERVATION-DISCLOSURES


The claimant Is pensioned at the rate
OF $50 per month. second grade. for a
gunshot wound of left, hip. The evil
dence filed in support of the claim for
increase fails to show an appreciable
increase of disability from the PEN
stoned cause. and the refusal to order
a medical examination was fully war
ranted 80,
Such assistance az the claimant may
require in dressing and undressing his
left foot does not constitute such fire.
quent and periodical aid and attendance
as are contemplated in said act. The
Department has uniformly held that
the required aid and attendance should
consist in something more than the
mere assistance rendered i'm putting on
a garment or dressing or undressing
single part of the body. G1. 1-22-
'O6.) +-
Marriage-New fork-Divorce-Illino
Notfce-Domieile - Decree - Jurisdic-
dictiOn-Act of Aug. z, 1852.
The following decision was rendered
in the claim of Il, widow of a soldier
in the 18th Me. Vol Inf. Act of June
~. 1890. She alleged that she was the
widow of the soldier: that they were
married in New York, Nov. %, 1871,
and that the soldier died March IL,
1901. Her claim was rejected on the
ground that she was not his widow.
he having been divorced from her
prior to his DEATH" In fine appeal it
is contended that the divorce granted
in Cook Co, ILL.,. was invalid and void,
IN that no personal service of the sum-
mons in said action was made upon the
claimant and that there was no per-
sonal or other appearance on her part
in said action. and that divorce so
obtained was of no effect in the State
of New York, where she resides and
did not dissolve her marriage (See
case of Marshall, IA p. D., 173, as
cited.)
In contemplation of the law the dom,.
CHE or the wife is with her husband
While her right to a separate domfcile
under certain circumstances is recog-
nIzed by law. such legal domicile is not
destroyed by the mere living apart Her
right OF separate domicile is fnchoate:
II requires some assertion on her part
to be recognized. This question is one
or law and fact to be judicially deter
mined by local court having jurisdic-
tIon over her status. In the absence of
such judicial determination the gen.
eral rule as to the domicile of the wife
VIII OBTAIN In pension cases. The right
to pension accrues in the State in which
the soldier was dOmiciled at the time OF
his ucCeaSc.
Marriage being an institution uni
versal and recognized alike by the laws
or all countries is thing OF
international law" and the Act of Aug.
Z, 1882. reaffirms the rule Of interna-
tional law that the validity Of a par
ticuIar marriage is to be determined
by the law Of the place where contract
ed. and its subsistence. by the laws of
the places of SUBSEQUENT domiciIe.
Proof of widowhood IS TO be made un-
der the law Of the soldiers last domi-
cile-where the marriage last subsist-
ed-as that is theo PLACE where 1.-THE
right to pension ACCRUED"
In pension cases a, divorce granted In
one State in conformity with it's laws.
even though 1T be based on construc-
tive service, must be given full faith
and credit in all other States, and may
not be attacked collaterally except on
the ground that the petitioner was not
a bona-fide resident of said State: and
in pension. claims parsl evidence will
not be heard in such aan attack when
the court decreeing ,fhe divorce finds
the petitioner resided in said State the
period. required by the local statute.
Claimant and soldier were married
in the State Of New York in 1871, and.
nois in 1896, and died in 1901. a citizen
of the State Of New York. The divorce
proceedings conform to the laws of ILL.,
nois. and the decree recites that he was
a resident thereof for more than one
year prior to the filing of his petition.
1t is held that she is not his widow
G3. 1-31-'O6.)
Pathological Sequence-Denth Cause.
EmbOlism Of the Heart-Vnricose
Veins.
1t is contended by the attending ply
stefan that death in this case was due
to embolism Of the heart; that the fatal
embolus was carried from the varicose
veins Of right leg. for which soldier was
and lodged in the heart This
theory Is not accepted. as 1t is not i'm
accordance with recognized pathology.
GA. 1-25-'08.)
Marriage - Divorce OBSERVATION-DISCLOSURES
DedIment - Evidence PRESUMPTION.
Act Of Aug. 2, 1882.
Appellant was married to one B. I'm
the Province OF Ontario. and left him
on account of his abuse in 1877. In
1886. believing Il. to be dead, she mar
rjed d. i'm British Columbia, and re-
sided with him in the State of WASH
ington until his death in 1900. B. died
in 1901. Within two years Of her mar
riage to d. she learned that b. was not
dead. There Is no direct evidence that
Is. ever obtained divorce, and his
conduct from 1877 to the time Of his
death affords no foundation for the pre-
that he ever sought legal re-
lief from the bonds of matrimony
While the courts Of Washington may.
under some circumstances relieve a
party OF the burden of direct proof of
a divorce in order to justify q subse-
quent marriage. there are no circum-
stances in this case 10 justify the pre-
sumption that her marriage to B. was
legally dissolved during the lifetime Of
the soldier. She is consequently not
shown to be the widow Of the latter
T5. 1-31-'06.)
Service-Evidence-Sta ORGANIZATION.
The Department of the Interior is the
sole tribunal under existing pension
laws, charged with the determination
of the pensionablc character Of a SOL
dier's service.
Claimants service. as shown by rec
ord evidence, was rendered exclusively
in State organization. from which. by
State authority he was discharged prior
to the acceptance Of said organization
into the military service of the Federal
Government. His military service was
consequently not vpfnsionabie one.
(76. 2-6-'06.) ~