The National tribune., 1908-12-24
THE NEW YORK PENSION Law.

TIE NEW YORK PENSION Law.
The q. A. r. Committee to draft q
pension law for the State Of New York
held Its first session In October and
framed the bill which is given below:
AN ACT to establish a bureau Of PEN
sions and to provide for granting
pensions to soldiers, sailors and
| marines, who served in the army
or navy Of the United States, from
War, fixing the rate Of pension and
regulating the granting thereof
| The people of the State of New York.
represented in Senate and Assembly, do
| enact as follows:
Section I. The Comptroller shall es-
tablish and maintain as q part Of his
Office bureau Of pensions.
| Sec. Q. There shall be in the bureau
Of pensions q commissioner of pen
sions, who shall be appointed by the
governor, by and with the advice and
consent of the Senate, for the term of
four years, or until his successor Is ap-
pointed, who shall be entitled to receive
salary of $4,000 year.
Sec. 8. The commissioner Of PEN
sions shall perform, under the direction
| of the comptroller, such duties in the
!
scribed by the comptroller
| Sec. 4. There shall be in the bureau
OF pensions deputy commissioner Of
| pensions, who shall be appointed by the
governor, by and with the advice and
consent Of the Senate, who shall hold
said office for four years, or until his
successor is appointed, who shall be
charged with such duties in the pension
| bureau 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 successor is
appointed or such absence or sickness
ceases. The deputy commissioner shall
be entitled to receive an annual salary
of $4,000.
Sec. S. Any person who enlisted or
was enrolled In this State, and who
served as volunteer soldier 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 in the
military or naval service Of the United
States during the Civil War, and who
has been honorably discharged there
from, shall, upon making proof of s.ch
facts, according to such rules and regu-
lations as the comptroller may provide,
be placed upon the pension roll and be
entitled to receive a pension as fol-
lows: In case such person has reached
the age Of e5 years. Sc per month; 20
years, So per month; 75 years or over,
SO per month; and such pension shall
commence from the date of the filing
of the application in the bureau of
pensions, after the passage of this
act: provided that all persons who
are being maintained in any home
for disabled volunteer soldiers or their
wives, supported in whole or in part by
the United States of America, or any
State thereof, shall not be entitled to
the benefits of this act, and should any
person entitled to receive pension un-
der the provisions of the act be an In
mate OF any of the said soldiers homes,
or Of any eleemosynary institution
supported in whole or in part by the
public, and the wife of such person
shall not be an inmate of any Of said
Isoldiers' homes, or any institution afore-
said, or should any person to whom a
pension be granted under the provisions
OF this act, thereafter be admitted to
one of the said soldiers homes or be-
come an inmate of any institution
aforesaid, and the wife Of such person
shall not be an inmate of any of the
said soldiers homes or any institution
aforesaid. then and in either OF said
cases, the pension allowed under this
act shall be paid to the wife OF such
to such wife on or before Jan. 1, 1890;
but IL such wife Is being maintained in
any OF the homes or institutions here
inbefore named, then such pension shall
cease. subject to the right of restora-
ton to the same on a new application
by the pensioner, accompanied by evi-
dence satisfactorily showing that he is
entitled to the same, under the provi-
sions Of this act Provided, further,
that any person who actually abandons
his wife without adequate support, or
leaves her in danger of becoming
neglects to provide for her according to
his means. upon due proof of such fact
made to the comptroller. the pension al
lowed such person shall thereafter be
paid to the wife of such person IL she
was married to the pensioner, as afore-
said, and is not being maintained in
any home or institution above describ-
ed. Provided, further. that no person
shall be entitled to pension under this
act. who was not at the time of his en-
listment an actual resident and inhabi-
tant Of this State, and who had not been
such resident and inhabitant, for at
least three consecutive years before
making application therefor. No pension
allowed under this act, shall continue
in force, beyond the life of the person
upon whose military or naval services,
such pension was allowed.
Sec. g.. Rank in the service shall not
be considered In applications filed un-
der the provisions of this act.
Sec. 7. No pension attorney. claim
agent, or other person shall be entitled
to receive any compensation for services
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 pensioner for two years
after the same shall have become due
shall be deemed presumptive evidence