The National tribune., 1907-02-07
PENSION DECISIONS.
Marriage-sIaves-Al AlaI,nma-E .iden nee
Presumption Of Dcath-Impetlime

LlNOlVN ULVlSlUINS.
Marriage-slaves-Ala :idence-
Presumption of Dcath-Impe ediment.
Claimant and p were married II
1860, in the State of Alabama, during
slavery, with all the rites and ceremon.
les of slaves. She lived with P. unit
the Fall of 1868, when he, 9 fugitive
from justice, left his home. He wa;
seen and recognized i'm the Fall of 1868
and in December, 1853. claimant mar
ried the soldier herein by ceremony.
Held, The ordinance of the constitu.
tional convention of Alabama of Sep.
tember 20, 1865, fastened legal mari
tai status on the claimant and p. anG
as she, therefore, had a living and un-
divorced husband when she married tht
soldier, she is not the latter's widow
33. 1217-'06.
Observation-Disclosures - commencement
Declarations.
The claimant is now pensioned under
the act of June 27, 1890, for inability tc
earn support by manual labor. Pre-.
vlously, however, he was allowed pen.
sion under the general law for rheI-
matism at the rate of 81 per month
from the date of discharge in 1865 tC
June 20, 1877, and renewal of said
pension has been formally allowed from
July 13. 1899. He is not shown to be
entitled to restoration from the datt
when said pension was terminated.
The principle relating to the com
mencement of invalid pension under
the general law from the date of filing
any declaration, not necessarily the
first, is held to be applicable TO claims
for restoration Or renewal of such pen.
sion. "a. 12-1S-'06
Marringe-Virginia-E - Cohabi.
tation and acknowledgements
paeity.
In Virginia evidence of cohabitatior
and Acknowledgements in connection
with repute of marriage not entirely
general is insufficient to establish the
existence of marriage alleged TO have
been contracted at certain time and
in certain city, the marriage records
of which fail to show said marriage
Such evidence as not proof that soIdie,
lacked marital capacity at the time he
contracted marriage, in compliance
with the provisions of the statutes ol
Virginia, with the appellant The lat.
ter is therefore his widow. 50. 1921.
'06.
Observation-Disclosures Father-Reviset
Statutes, Section 47I6.
A claimant who in any manner vol
unfairly engaged in or aided Or abetted
the late war of the rebellion against the
authority of the United States is not
entitled to pension as dependent father
of soldier whose death was due tc
service in the Regular Establishment
rot during the war with Spain. Sc. 12-
31-'06.
Division of PensiOn-DesertI0n--I
MinOr-Act of March 3, Is89-Divorc.
The evidence in this case, after spe.
| cial examination, shows that prior q
the passage of the act of March g, 1899
! pensioner deserted his permanent,
helpless and dependent child and ha.
not since contributed to her support.
The fact that pensioners wife. the
| mother of said child, obtained a divorc;
from him on the ground of desertion
cruelty and neglect, does not break tn,
continuity Of pensioners desertion OF
his said child or release him from hi.
parental duty to aid in the maintenance
and support of said child.
| Parental desertion is continuous
offense, and when proved, is presumed
to continue until its termination /.
shown or the contrary appears.
Pensioners child, aged Sc years
nearly blind, with hearing and visior
| impaired from infancy. mentally un
developed, and with the mind of {
| child of six years of age, unable t.
earn her support and requiring the care
of another person TO assist and lool
after her, frail in body and weighing
less than 100 pounds, and without Other
means of support than the assistance d
her mother. who is also dependent upor
her own labor for support. is shown t.
be a permanently helpless and de
pendent child within the meaning o.
the act of March 8, 1899. 81. 1-9-'O7