The National tribune., 1908-04-02
THE NEW York PENSION BILL.

for State pensions. One of these was
by Senator Owens and the other by
Senator Cassidy. Both of these have
been read twice. and are now before
the Committee on Finance. Senator
Cassidy's bill reads:
| An act to establish a Bureau of PEN
sionS and to provide for granting PEN
sions to soldiers, sailors and marines
who served in the army or navy of the
| United States from the State of New
York in the civil war, fixing the rate
of pensions and regulating the granting
thereof.
The people of the State of New York,
represented in Senate and Assembly, do
enact as follows:
Section 1. The Comptroller shall es-
tablish and maintain as a part of his
office Bureau of Pensions.
Sec. 2. There shall be in the Bureau
| of Pensions a Commissioner of PEN
sions, who shall be appointed by the
Comptroller. who shall be entitled to
receive salary of $4,000 a year. There
shall also be in such Bureau a Deputy
Commissioner of Pensions. who shall
be appointed by the Comptroller, who
shall be entitled to receive an annual
salary of $500.
Sec. 3. The Commissioner and Deputy
Commissioner of Pensions shall per-
form, under the direction of the Comp
troller, such duties in the execution of
this act as may be prescribed by the
Comptroller or may be required by law,
and in case of death, resignation, alb
sence or sickness OF the Commissioner,
his duties shall devolve upon the Dep
uty Commissioner until a successor is
appointed or such absence or sickness
ceases.
Sec. 4. The Pension Commissioner is
hereby authorized to appoint pension
examiners, whose duty it shall be to
inquire into the merits of any claim for
pensions, whether pending or adjudicat-
ed. The findings of the pension exam
iners shall be subject to the approval
of the Pension Commissioner. and he
may return the proceedings of such ex-
aminers for revision and for taking
further testimony. Such pension ex-
aminers shall have tho same power to
take evidence, administer oaths, issue
subpoenas and compel witnesses to at
tend and testify and produce books and
papers, and to punish their failure so
to do, as is possessed by a general court
martial.
Sec. 5. Any person who enlisted in
this State, and who served as a volun-
teer soldier for 90 days or more, in any
regiment, battalion, battery, troop or
other military body, organized under
and by authority of this State for SER
vice in the civil war, and who has been
honorably discharged therefrom, and
any person whose enlistment was cred
tied upon the quota of this State and
who served for 80 days or more in the
military or naval service of the United
States during the civil war, anG who
has been honorably discharged there
from, shall, upon making proof of such
facts. according to such rules and regu-
Lot
be placed upon the pension roll and be
entitled to receive pension as follows:
In case such person has reached the age
of so years, S8 per month; 65 years, $40
per month; 20 years or over, S12 per
month; and such pension shall COM
mence from the date Ge the filing of
the application in the Bureau of Pen
sions. after the passage of this act;
provided that pensioners who are now
receiving pensions under existing laws,
and who are being maintained In any
home for disabled volunteer soldiers,
supported in whole or in part by the
United States Of America, or any State
thereof, shall rot be entitled to the
benefits of this act, and should any
person to whom a pension be granted
under the provisions of this act there
after be admitted to one of the said
Soldiers Homes or become an inmate
of any eIeemosynary institution sup
ported in whole or in part by the pub
lie, the pension allowed under this act
shall cease, and the same shall not be
paid until due and sufficient proof has
been made that such pensioner is not
being maintained in whole or in part
in any such institution. Provided, fur
ther, That any person who actually
abandons his wife without adequate
support or leaves her in danger of be-
coming a burden upon the public, or
who neglects to provide for her accord
ing to his means, upon due proof of
such fact made to the Comptroller, the
pension allowed such person shall cease.
Provided, further, That any person who
receives a pension of $50 a month from
the Government of the United States or
from any municipal corporation of this
State, or from both such sources, shall
not be entitled to any further pension
under this act.
Sec. g. Rank in the service shall not
oe considered in applications filed I'M
der the provisions of this act.
Sec. z. No pension attorney, claim
agent or other person shall be entitled
to receive any compensation for ser
vices rendered In presenting any claim
to the Bureau of Pensions or securing
any pension under this act.
Sec. s. The failure of any pensioner
to claim his pension for two years after
the same shall have become due shall
be deemed presumptive evidence that
such pension has legally terminated by
reason of the pensioners death, and
the pensioner named shall be stricken
from the list of pensioners, subject to
the right of restoration to the same on
a new application by the pensioner, ac-
companied by evidence satisfactorily
accounting for the failure to claim such
pension.
Sec. 8. The Commissioner of Pensions
is authorized to detail from time to time
clerks in his Office to investigate sus-
pected attempts at fraud on the State,
thru and by virtue of the provisions of
this act, and to aid in prosecuting any
person so offending, with such addi-
tional compensation as may be audited
and allowed by the Comptroller; and
any person so detailed shall have the
power to administer oaths and take
affidavits in the course of such inves-
tigation.
Sec. TO- Within 10 days Immediately
preceding the 4th day Of January, April,
July and October in each year, the Com
missioner of Pensions shall prepare a
quarterly voucher for every person
whose pension is payable under the
provisions of this act, and transmit the
same by mail, directed to the address
of the pensioner named in such vouch-
er who. on and after the 4th day of
January, April, July and October, next
succeeding the date of such voucher
may execute and return the same to the
Pension Bureau at which it was pre-
pared and at which the pension of
such person shall be due and payable.