The National tribune. [volume] (Washington, D.C.) 1877-1917, 1906-05-17
PENSION DECISIONS.

Bounty Land-DaDlicate WaPrant-LfM-
itat1on-Aet Of June Z, 1S0e-Sectio1
2444, n. ..
1. The act In question authorized the
issue Of q duplicate when the original
warrant had been Cancelled because is
sued after the death Of the claimant.
2. There Is no statute limiting the
time within which application for q
duplicate may be made, and neither
the Bureau nor the Department is en-
powered to fix q rule OF limitation.
81. 2-19-'06.
Snow Observation-Disclosures Burden
Of Proof.
The claimant was discharged from
the military service on two occasions
on account of impairment OF vision
ascribed to snow blindness. His claim
for pension was filed shortly after his
first discharge.
Medical authorities show that snow
blindness Is rarely more than a tenn
porary affection, and that in the excep-
tional cases where impaired vision or
blindness follows the attack there is
opacity of the cornea or disease of the
retina to account for the affection. In
this case the transcripts from official
records and reports of official exam
nations failed to reveal any evidence
of either corneal opacity or disease OF
the alleged impairment of vision has
been feigned-to a great extent, II not
wholly. The fact that the claimant
passed the physical examination for re-
enlistment clearly sustains the assump-
ton that he was q malingerer in con-
nection with his claim for pension.
The burden of proof in establishing
a prima-facie case for pension rests
upon the claimant, and when malinger-
ing has been open and persistent. as in
this case. the claimant must furnish
satisfactory evidence to warrant fur
Their action. SO. 2-S-'06.
MarriaEe-New YOrk-COntract In Writ
NEUTRALITY-SUSPICIOUS.
Soldier married claimant in New
York at time when his first wife was
living and undivorced. Two years
thereafter this first marriage was dis
solved by divorce upon the first wife's
application. Soldier and claimant con-
tinued to cohabit as husband and wife
from that time to 1883, when he died.
Excepting the last two years of their
life they were domiciled in New York
and Illinois, in both of which States Il
consensual marriage was valid at that
time. They were universally regarded
as husband and wife, and they SO held
themselves out to the world. They
Joined church as such, and he Sc
sured life insurance, she being the
beneficiary. The evidence is sufficient
to warrant the finding that a valid
marriage between them arose subse-
quent to the removal Of the impede
ment.
Since Jan. /. 1902, a common-law
marriage has not been valid in the
State of New York, unless the contract
therefore was reduced to writing, in the
presence Of witnesses and within six
months recorded with the formality re-
quired as to record of deeds, etc. 81.
2-23-'06.
Death - Civil Death Imprisunment.
FelOn.
Pension was denied on the ground
that soldier is serving a sentence of
lifetime Imprisonment for manslaugh-
ter, and therefore is ciyilly dead. There
is no such thing as civil death" known
to Federal law or in the sentences Of
Federal courts. The status of a PEN
sioner Is controlled by Federal law in
all cases except in those where a uues-
ton Of marriage is involved. In those
States which recognize the status de-
nominated "civil death" the property
rights are unaffected by that condition.
IS. 226-'06.
Dependent wid0ws-Cessntion Of De-
pendence-Act or june ~, 1900, and
May D.. IO00-ConstructiOn- Droppanx.
Renewal. -
Dependency is prerequisite Of title
to widows pension under. the acts of
June "a. 1880, and May 8. 1900, and
there is no statutory authority for
dropping her name from the roll or
suspending her pension on the ground
Of cessation Of dependency. Sc. 2-17-
'06.