The National tribune., 1908-09-24
PENSION DECISIONS.
-Disability-ChnnEe of Name o.
Disnhfiity-Specifc Approvn's-Tubcr-
culOsis and Disease of Lungs.

Rractice-DisabiIity-C of Name o;
Disnbility-Specifc Approva,s-Tubcr.
culOsis and Disease of Lungs.
Claimant is pensioned at third grade
(s24 per month) for disease of lungs
1t appearing from the evidence, the
opinions of examining surgeons anc
the medical officers of the Bureau OF
Pensions that the particular disease oi
lungs for which pension is granted 81
this case is tuberculosis, and that th'
ulcers on claimants hip and thigh are
results of the same, the approval should
be changed to show that the pensioncd
disease of lungs is tuberculosis, and
the claim readjudicated in accordance
with the opinion of the medical referee
i. 7-14-'0S.
Marshal - Deputy Provost-MarsiiIs
Enrolling Oaicer-CiviIian EmpIoye.
Service as a Provost Marshal, Deputy
Provost-Marshal or enrolling officer
during the late civil war is not such
military service as is contemplated by
the act of Feb. 6, 1907; such persons
having been employed in the civil
branch of the service are not included
within the terms of said act, and are
not pensionable Hereunder. 2. 7-14-'6S
Marriage Capacity-fmpediment
sumption of Remarriage After Re
moyal of Impediment-Good Faith.
The claimant and soldier formally
married in Pennsylvania without di-
vorce from soldiers first wife (who had
previously remarried), and lived toe etf-
er in that State in this ostensible matri-
monial relation for 81 years, and for
two years after the death of the first
wife. 1t was held by the Department,
Nov. Z, 1896 Is P. D., 364), that as such
marriage was void under the decisions
of the Supreme Court of Pennsylvania,
their continued cohabitation after the
removal of the impediment to their ic-
gal marriage without evidence of Il new
contract, was not sufficient to raise the
presumption of a marriage after the
removal of such impediment.
In the case Thewliss Estate (217 Pa.
St, 30T, decided in april, 1907, it was
held that the doctrine of the cases cit q
In the Departmental decisions referred
TO was not to be extended to a case
where in good faith the parties con-
tinued to live together as husband rn3
wife after the complete removal Of tn"
only obstacle in the way of a valid
marriage, and so for many years con-
tinually proclaimed themselves to the
public until the relation ceased by the
husbands death. In view of This de-
cision the request OF the COMMISSIONS
of Pensions TO reopen and readiulioate
this case as to whether the acts and
conduct of claimant and soldier evil
dence marriage under the recent Penn
sylvania decisions is granted g. 7-1i-
'0S.
Seryicc-War of tkc RescIIion-Sct ef
A"rfI ~, I9as-Cnpt. Eerip's CoInpurr.
McnnngahcIa Departmental Corps Of
the Pennsylvania Militia of 1868.
- Capt. Kemp's company, Department
of the MononSahela, Pennsylvania Vol
unteer Infantry, was a part of the Dc
partmental Corps of the Pennsylvania
Militia of 1853, and the members there
of were not in the United States scr
vice except during the time they were
actually serving the United States. Sol
dfer's service rendered the United States
In said organization being reported by
the War Department as but 40 days.
his widow has no pensionable status
under the act of April 10, 1908. T. T.
30-'0S
Widows-seEaarriagc- of April ~,
19Js-Definifion of Widow.
woman who was the widow of a
soldier TO whom she was married prior
to June %, 1890. and who has remar-
ried prior to filing her declaration for
pension under the act of April 10. 1908. |
rs NOT entfrfed 10 the benefft Of said act. |
g. S-12-'0S.
service-War of the RebeIlion-CaIifor-l
MIA Mountnineers-Indians In Califor-
mia.
As soldiers service had no connec-
ton with the belligerent operations in |
suppression of the rebellion of the |
Southern States, but was special service |
against the Indians in the Humboldt |
District of California and rendered ea-
tirely in that State, ii cannot be regard
ed as service during the war of the re-
bellion within the meaning of the act, |
and therefore is not pensionable G. |
S-12-'0S.