The National tribune. [volume] (Washington, D.C.) 1877-1917, 1907-03-28
PENSION DECISIONS

] PENSION DECISIONS.
Insane Pensisner-Marriage- o
March 2, 1895.
i Pensioner married one Eliza n
/ while he had wife Louise living. from
whom he was not divorced. and diet
Feb. IL. 1895. The accrued pension
from tho last payment. Dec. 4, 1894, Il
n MS death. was paid to Louise, a. hi
i widow. Upon competent and satisfac.
u tory evidence filed in the Pension Blu.
reau that soldier was insane. having nc
guardian. and that Eliza NJ. was hil
wife (being q woman OF good character
and dependent upon him). his pension
from March 4. 1893. to Dec. 4. 1891
was paid to her under the provisions OF
the Act Of Aug. 8, 1882. Louise nov
4 contends that these payments to Eliza
| NJ. were Illegal. and that the money so
paid was accrued pension due the SOL
der, and should be paid to her.
1. Held: Accrued pension means the
money unpaid by the Government to
Which pensiOner. or one who had a
! valid claim for pension pending, would
De entitled at the time Of his death.
z. That the only money unpaid BY
the Government to which the pensioner
would have been entitled at the time
OF his death was that accruing from the
date OF the last payment, Dec. 4, 1894,
to his death. Feb. IS. 1895, which
amount appellant has received
3. The legality of the payments to
Eliza M. during the lifetime of the PEN
sioner can not be made an issue In a
claim by Louise for accrued pension:
but said payments having been made
upon competent and satisfactory eyi.
dence that Eliza NJ. was the wife Of
pensioner, such payments can not be
held to have been Illegal. and the for
mer decision in this case Is modified
accordingly. 80. 1-21-'07.
Division OF acknowledgements
Observation-Disclosures Attack--lIIin.
ois-Act March 3, 1900.
1. While the Bureau Of Pensions andl
this Department have authority to con-
slider the questions of fraud and juris-
dfction In cases before the courts in
voiving the marital status Of the par
ties In cases in which the Government
Is pecuniarily Interested. and while de-
crees and judgments may be attacked
for fraud upon the court
Tor want of Jurisdiction. yet in casesl
arising under the act of March 3, 1899,
this Department has uniformly held,
that neither the claimant nor pensionerI
should be permitted to question or liti-
gate the validity Of judicial decree or
Judgment of court of general jurisdic-
tion,. regular and valid on its face, COL
literally, in a procedure of this nature,
before an executive and administrative
branch OF the Government, while the
parties to the decree or judgment are
living and the courts are open to their
relief. This rule is based upon public
policy and administrative duty.
2. The decree in this case, rendered.
Nov. 4, 1899. by the Circuit Court oil
5ook Co.. ILL.,, is regular and valid onl
Is race. 1t asserts that the court hasI
Jurisdiction of the parties: that the de-
endant, the claimant herein, had duel
notice of the suit for divorce; that af-
En- testimony taken in open court the l
'ourt found and decreed that she had :
'een guilty of deserton of the com
,iainant, the pensioner herein, for more c
han two years, and dissolved the bonds
=, matrimony Heretofore existing be-
ween them.
g.. This decree is judiciaIly unimpair- G
d and In full force, and, until reversed, =
n0dified or otherwise judicially i'm
eaebed, fixes the status of the partiesl :
nder the law.
A. AS claimant is thus shown not to G
e the lawful wife of pensioner. she is :
OF entitled to one-half his pension un- e.
er the Act of March g., 1899. Al. e.
-23-'07. P
eSvsee---Act Of June ~, 1s9O-5eth H.
Hnoi* Mechanic FusiIeers-LeRsth- Of
'servfce-Actaai Service. -af ,.zf .aS I
Under date of March 9. 1906, the =
FAR Department reported that the =
9Th Illinois Infantry (Mechanic I
usiIeers), of which the appellant was L
member, was enlisted under fraudu- -
mt promises; that upon learning of L
lie deception and fraud practiced in i
leir enlistment the members Of the a
'ganfZation became dissatisfied and re- =
Ised TO me mustered In; that the War n
apartment upon consideration of all
e facts directed that the regiment be
ustered in and out of service as in 81.
ntry; that nothing has been found of phi
cord to show that the members of the TO
ganiZa ton We're armed or equipped, =.
TO show that they performed anyI fro
Hilary service whatever. In accord Pr
ice with said instructions Co. of
i'd regiment was mustered in and out
the same date, Jan. %, 1862. -
1t is held that the claimant did notl X
nder any military service for the All
1ited States. and that he had no title brt
pension under the Act of June 81 les le,.
80. INV
This case and the cases of other mem Sta
"a of the organization are ,iistin- fit
ished from the case of Wardell Guth- -
:. formerly Captain OF Co. I, and the
ses of other officers of the organiZa- V
n who We're actively engaged in or pos
nizinS and recruiting the same list
1-29-'07.
rcinra.ions - COmmencement-Am
of Executing Declaration. =
Invalid DccIaration-Acf of June r. ~
1880. NJ
Claimant executed her declaration a ,
pension, on June IS. 1890, filed it NJ
July 10, 1890, and endeavored to =
nsecute said claim under the Act of Nj
ne 81, 1890. ticn
Held declaration executed prior =
the date of the passage of an act I'M M
I. which the claimant proposed to nbo
'secute claim is absolutely void and Dep
aid. 1t is not an informal declara-
n, and is not subject to amendment w
1-30-'07 peoi
Icf of June 70, 1890. M
service during the late war of the Cal
ellion," as used in the Act of June =
1880. means a service contracted
and rendered with reference to and -
asioned by said war. and not service T
dered elsewhere with reference to ine
Ian outbreaks not historically con- ofJr
ted with the resistance of the South reac
States to Federal authority, albeit trial
service against the Indians was Sc
dered at a time when the war of the fila
-.-- w. Sc
robs