The National tribune., 1907-12-19
PENSION DECISIONS.
Service-Act June sls, 11Do-Furiough.
Actual Service.
OIL IT

Service-Act June 1t, 110o-Furlough
| Actual service.
This soldier enlisted Kpril 20. 1851
in response to a call Of the President
for three-months men. Before the or
ganization of his regiment was COM
pleted the call of the President for vol
unteers to serve for, three years was
issued, and the regiment was changed
from three-montf1s to a three-years
organization. Nearly, all the members
of the regiment who had enlisted under
the first call to serve three months re-
enlisted under the second call to serve
three years, but this Soldier and others
declined to do so, and on June Is, 1861,
81 days after enlistment, We're fur
loughed and nevere afterwards return
ed to duty, and on Sept. 3, 1861. were
mustered out and discharged the SER
vice, to date Aug. 21, 1861, expiration
of term of enlistment.
Held, That during the period this SOL
dier was on furlough, absent from his
| command, he was not rendering actual
military service, such as required by the
act of June 81, 1890, absence on fur
Tough being incompatible with the rem
dition of such actual service, and said
| period should be deducted in computing
| the length of the military service rem
dered pensionable under the act of
June 27, 1890, and cognate legislation.
| SS. 9-11-'07.
Jurisdiction Payment of Pension.
GuarIinnship-Insane PersOn-Domi-
ciIe-Confiict of JurisdictiOn-Act of
Aug. s, 1852.
The Department will not, in this case,
adjudicate the disputed question of the
soldiers legal residence or domicile as
affecting the validity of the appoint
ment by the County Court of Macoupin
County, State of Illinois, of his sister.
E. L. NJ, as his conservative, he being
an insane person, and being at the time
apparently actually within the confines
and jurisdiction of that State, altho he
is claimed to have been taken there,
without order or authority of court.
from the District of Columbia, where
he had previously been confined under
the committeeship of said f. l.. NJ, by
appointment of the Supreme Court of
said district. 80. 9-16'07.
Jurisdict Decentralization Per-
observation-disclosures of Jurisdic-
tIOn.
The Probate Court of Ottawa County
O., having first acquired jurisdiction
over this soldier as an insane person,
and having never expressly relinquished
such jurisdiction. the guardian of the
soldier, duly appointed by said court,
will be recognized as such in the prose-
the soldiers behalf Any question of
disputed guardianship should properly
be settled by the courts, and not by this
Department, in the adjudication of
pension claim. 80. 10-9'07.
Rates Specific Disability - Equivalent
Disability.
Claimant is pensioned at SIT per
month for fracture of his left leg be-
low the knee. There is no provision in
the pension laws for allowing a rate in
excess of SIT per month for any partial
disability of an arm or leg, hand or n
foot; but as the evidence in this case
shows conclusively that by reason of
the condition Of the fractured leg claim
ant was wholly disabled for performing
manual labor from the date of filing his
claim for pension until about the time
of his last medical. examination, May
10, 1907, he is entitled to $50 per month
to that date. 81. 9-30'97.