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Pension

ARTES
LIBRARY
1817
VERITAS
SCIENTIA
OF THE
UNIVERSITY OF MICHIGAN
PLUNIDUS
UWLY
TUEBOR
SI QUERIS PENINSULAM AMOHAM
IRCUMSPICE
Gaylord Bros.
Makers
PAT. JAN. 21, 1908
Syracuse, N. Y.
གང་དགར་
3
JUN 12 1917
35
(3-1580)
UNIV. OF MICH.
LIBRARY
4.5. Pensene
INFORMATION RELATING TO ARMY AND
NAVY PENSIONS.
1917.
>
#
ADDRESSES OF PENSIONERS OR CLAIMANTS FOR PENSION.
216. a. Pensioners and claimants for pension desiring their mail
ent to cities or towns with a population of 5,000 or more having
ree mail delivery must give their post-office addresses, their strect
nd number, number of post-office box, rural free delivery route, or
general delivery," as the case may be. "General delivery" addresses
hall be accepted only in case it be shown that no other address
uch as above specified is available.
1
b. Addresses in care of another person shall not be accepted for the
ransmission of pension certificates or anything of value, or which
night be appropriated or wrongfully used by another person, nor
hall any communication be mailed to a claimant for pension or
ncrease at a street and number, or post-office box address which is
he same as that of the attorney prosecuting the claim.
217. Where it is shown that a pensioner or claimant has resided
or a number of years at the address given in his application, or has
nore recently answered communications addressed to him in which
troot number, post-office box, or rural free delivery route was not
it may be assumed that another address is not available.
QUARDIANSHIP.
1. Every guardian, or other person receiving pension in a fidu -
capacity, must biennially file in the bureau a certificate of the
to which such fiduciary is accountable, showing that he has
inted to the court, as required by law, and that the account has
approved or that the requirement for accounting has been waived
Le court, if such is the fact. Blank form of certificate shall be fur-
d each guardian or committee and must be used by him. In
of failure to file such certificate, payment on the voucher with
h it is required, and all subsequent payments, shall be withheld
ing the receipt thereof.
information contained in this pamphlet consists of excerpts from an office publication not available
eral distribution. The numbers of sections correspond with the numbers of sections in that pub-
and therefore have no particular significance in this pamphlet; italics in this pamphlet indicate
that has not heretofore been printed,
1
2
ARMY AND NAVY PENSIONS.
INSPECTION OF PAPERS.
284. The examination of papers relating to claims for pension or
bounty land, by attorneys, counsel, or agents, shall not extend to
reports from the governmental departments and bureaus, confiden-
tial communications, or reports of special examiners relating to crim-
inal charges and investigations.
285. a. The act of July 18, 1894, which permits the examination
and inspection of reports of examining surgeons by the claimant or
his attorney, under such reasonable rules and regulations as the Sec-
retary of the Interior may provide, must be complied with in such
manner as will afford all proper information to claimants and their
attorneys in all pending claims, and at the same time interfere as little
as may be with the work of the bureau.
b. No one but the claimant in person and his recognized attorney
in the claim, or said attorney's subagent, including the confidential
clerk (duly accredited) of each, shall be permitted to examine the
reports of examining surgeons filed in the claim, and such examina-
tion shall be made subject to the rules of the Pension Bureau in respect.
to the calling up and examination of cases by attorneys.
c. Said act of Congress does not permit the copying of such reports
or any portion thereof. No person shall be permitted to take copies
or make memoranda from such reports.
286. No examination of reports of examining surgeons shall be per-
mitted in admitted cases wherein there is no claim pending.
287. No examination of such reports shall be permitted in rejected.
cases, after the lapse of three months from the date of rejection, until
the claim has been regularly reopened according to the practice of the
bureau, or unless an appeal from the decision is pending.
288. No one except the clerk in charge will be permitted to examine
any certificate of disability for discharge, report of medical survey,
or certificate of death in the Navy before the same shall have been
applied to a pending claim, except upon the order of the commissioner,
deputy commissioner, or chief clerk, or upon the written request of
the Chief of the Law Division or the Chief of the Special Examination
Division.
RETURN OF PAPERS.
319. Certificates of discharge, marriage certificates, family records,
personal letters, diaries, bills and receipts, and other personal papers
or articles which may have been filed in claims for pension, may, in
the discretion of the commissioner, be returned through the Law
Division upon request of the persons entitled thereto, and whenever
papers so returned constitute part of the material and essential, evi-
dence in a claim, photostats or other copies of the same, or of so
ARMY AND NAVY PENSIONS.
3
much thereof as may appear to possess evidential value, shall be
placed in the case.
DECLARATIONS AND EVIDENCE.
408. The authority given to fourth-class postmasters and rural
free delivery carriers to administer oaths to pensioners and their
witnesses in the execution of their vouchers does not apply to the
execution of any other paper.
416. All declarations and affidavits must be executed before some
officer duly authorized to administer oaths for general purposes, in
accordance with the provisions of the act of Congress approved
July 26, 1892.
417. Blank forms of declarations shall be furnished to claimants
upon application therefor. They shall not be furnished to agents or
attorneys, but sample forms shall be sent on request.
418. A claimant under any law may prosecute his claim in person,
or by attorney under certain laws, and his claim shall receive the same
consideration by the Bureau of Pensions if prosecuted in person as
if by attorney.
PENSIONS TO SURVIVORS OF WARS PRIOR TO 1861, AND TO THEIR WIDOWS.
419. War of the Revolution, service pensions.—(a) Widows of soldiers
who served for 14 days or more, or were in battle during the war,
were entitled, provided they had not remarried, to $8 per month from
March 9, 1878, and $12 per month from March 19, 1886. (b) The
widow of a Revolutionary soldier who, in his lifetime, was granted a
pension, was entitled, under section 4743, Revised Statutes, to pension
at the same rate as was paid the husband, notwithstanding remarriage,
upon proof of widowhood. (c) There is no law granting pension to
the daughters or other descendants of soldiers of the Revolution.
Any daughters of Revolutionary soldiers who received pensions were
placed on the pension roll by special acts of Congress.
420. War of 1812, service pensions.—(a) Under the act of March 9,
1878, soldiers and sailors who served 14 days or more, or were in
any engagement, during this war, and were honorably discharged,
and the widows of such soldiers and sailors, irrespective of the date of
marriage, are entitled to $8 per month from March 9, 1878. Under
the act of March 19, 1886, widow pensioners mentioned in this para-
graph are entitled to $12 per month from that date. (b) There is
no law granting service pensions to the descendants of soldiers or
sailors of the War of 1812.
Act, September 8, 1916.—Under this act widows are entitled to $20
per month if 70 years of age.
421. Indian wars from 1832 to 1842, service pensions. (a) The act
of July 27, 1892, provides pensions for the surviving officers and
4
ARMY AND NAVY PENSIONS.
t
enlisted men, including marines, militia, and volunteers, who were in
the military or naval service of the United States for 30 days in the
Black Hawk War, the Creek War, the Cherokee disturbances, or the
Florida War with the Seminole Indians, and were honorably dis-
charged; or who were personally named in any resolution of Congress
for specific services therein; and for their widows, provided they have
not remarried. Claimants under this act must be actual and bona fide
residents of the United States at the date of making application. All
pensions under this act are fixed at $8 per month, irrespective of rank,
and are payable from July 27, 1892, or, in widows' cases, where the
soldier died subsequent to July 27, 1892, from the date of his death.
The rate for widows is increased to $12 by the act of April 19, 1908,
and the rate for survivors to $20 by the act of February 19, 1913.
422. Indian wars from 1817 to 1858.-The provisions of the fore-
going act of July 27, 1892, were extended by the act of June 27, 1902,
from the date of its passage, to the surviving officers and enlisted
men, including marines, militia, and volunteers of the military and
naval service of the United States who served for 30 days or more
and were honorably discharged under the United States military,
State, Territorial, or provisional authorities in certain specified Indian
wars occurring from 1817 to 1858. This act also made provision for
the surviving widows of such officers and men who have not remar-
ried. In establishing these claims a record of pay by the United
States is accepted to prove record of enlistment and service.
423. Indian wars, etc., from 1855 to 1860.-The provisions of the
foregoing act of July 27, 1892, were extended by the act of May 30,
1908, to the surviving officers and enlisted men of the Texas volun-
teers who served in the defense of the frontier of that State against
Mexican marauders and Indian depredations from the year 1855 to
the year 1860, inclusive, and to the surviving widows of such officers
and men who have not remarried. In establishing these claims,
where there is no record of enlistment or muster into the service of
the United States, the fact of reimbursement to the State of Texas
by the United States, as evidenced by the muster rolls and vouchers.
on file in the bureau, shall be accepted as full and satisfactory proof
of such enlistment and service.
The act of March 4, 1917, in connection with the acts of July 27, 1892,
and February 19, 1913, grants pension at the rate of $20 per month,
from the date of its passage, to
Survivors of the Texas volunteers who served for 30 days in defense
of the frontier of that State against Indian depredations from January
1, 1859, to January 1, 1861, inclusive, and from 1866 to 1877, inclu-
sive.
Survivors of the military service of the United States who have reached
the age of 62 years and who served for 30 days-
1. In the campaign in southern Oregon and Idaho and in northern
California and Nevada from 1865 to 1868, inclusive;
ARMY AND NAVY PENSIONS.
5
{
}
2. In the campaign against the Sioux in Minnesota and the Dakotas
in 1862 and 1863, and in Wyoming in 1865 to 1868;
3. In fighting Indians and guarding United States mails on western
frontier as members of
(a) Company A, First Regiment, First Brigade Nebraska
Militia, from August 30, 1864, to November 12, 1864.
(b) Company B, First Regiment Nebraska Militia, August 13,
1864, to February 13, 1865.
(c) Company C, First Regiment, Second Brigade Nebraska
Militia, from August 24, 1864, to February 7, 1865.
(d) Captain Edward P. Childs's Artillery Detachment, Ne-
braska Militia, from August 30, 1864, to November 12, 1864.
(e) Company A, First Regiment, Second Brigade, Nebraska
Militia, from August 12, 1864, to December 24, 1864.
4. In the campaign against the Cheyennes, Arapahoes, Kiowas, and
Comanches in Kansas, Colorado, and Indian Territory from 1867 to
1869, inclusive;
5. In the Modoc War of 1872 and 1873;
6. In the campaign against the Apaches of Arizona and New Mexico
or either of them in 1873 and in 1885 and 1886;
7. In the campaign against the Kiowas, Comanches, and Cheyennes
in Kansas, Colorado, Texas, Indian Territory, and New Mexico in
1874 and 1875;
8. In the campaign against the Northern Cheyennes and Sioux in
1876 and 1877;
9. In the Nez Perce War of 1877;
10. In the Bannock War of 1878;
11. In the campaign against the Northern Cheyennes in 1878 and
1879;
12. In the campaigns in the Black Hawk War in Utah froın 1865
to 1867, inclusive;
13. In the campaign against the Utes in Colorado and Utah from
September, 1879, to November, 1880, inclusive; and
14. In the campaign against the Sioux in South Dakota from Novem-
ber, 1890, to January, 1891, inclusive.
This act also grants pension to the widows of those who served as above
indicated, if marriage occurred prior to March 4, 1917, provided said
widows have not remarried. The rate is $12 per month, commencing
March 4, 1917, or from the date of death of the soldier subsequent to that
date.
This act grants pension of $20 per month, also to the survivors of
Tyler's Rangers recruited at Black Hawk, Colo., in 1864.
If any of the campaigns named above did not cover a period of 30
days, the provisions of this act apply to those who served during the entire
period of said campaign.
6
ARMY AND NAVY PENSIONS.
A formal declaration for pension under this act must be filed in the
Pension Bureau.
An agent or attorney, admitted to practice before the Department of the
Interior and its bureaus, may be recognized in the prosecution of a claim
filed under this act.
Agreements for fee in excess of $25 will not be recognized.
no fee agreements are filed a fee of $10 will be allowed.
When
Fee agreements in claims under this act made prior to its passage
are null and void.
424. Mexican War, service pensions.-(a) Under the act of January
29, 1887, officers and enlisted men who were in the military or naval
service of the United States for 60 days in the Mexican War, or on
the coasts or frontier thereof, or en route thereto, or who were in a
battle and were honorably discharged, or who were personally named
in any resolution of Congress for specific services therein, are entitled
to pension if 62 years of age; or, if not, upon proof of pensionable
disability or dependence, but disability incurred while voluntarily
aiding or abetting the late rebellion does not give title to pension.
(b) Widows of officers and enlisted men who served as above are en-
titled to pension upon the same conditions as to age or dependence as
apply to officers and enlisted men. (c) Pensions under this act com-
mence on January 29, 1887, if a pensionable condition existed at that
date, in survivors' claims, by reason of age, dependence, or disability,
and in widows' claims, by reason of age or dependence; if not, then on
the date the applicant becomes 62 years of age, or dependent, or dis-
abled within the meaning of the law. (d) The rate of pension to
survivors is $8 per month, irrespective of rank. This rate for sur-
vivors was increased by the act of January 5, 1893, to $12 per month,
but its benefits were limited to those who were pensioners on January
5, 1893. To secure this increase the act requires that a pensioner
must show that he is wholly disabled for manual labor and in such
destitute circumstances that $8 per month is a sum insufficient to pro-
vide him with the necessaries of life. The act of April 23, 1900,
removed the limitation imposed in the act of January 5, 1893. The
act of March 3, 1903, pensions all survivors of the Mexican War at $12
per month, irrespective of the conditions named in the act of January
5, 1893, and the act of April 23, 1900. (e) The pension to a widow
under this act is $8 per month, but the act of April 19, 1908, estab-
lishes a minimum rate of $12 per month for all pensions granted to
widows. (f) Descendants of deceased Mexican War soldiers are not
entitled to service pension.
Act, September 8, 1916.-Under this act widows are entitled to $20
per month if 70 years of age.
425. Act of February 6, 1907.-Under this act any person who
served 60 days in the War with Mexico in the military or naval
ì
ARMY AND NAVY PENSIONS.
7
·
service of the United States and has been honorably discharged
therefrom, and who has reached the age of 62 years or over, is entitled
to a pension at the following rates, irrespective of rank: At 62 years,
$12 per month; at 70 years, $15 per month; and at 75 years or over,
$20 per month. Pension commences from the date of filing claim in
the Bureau of Pensions subsequent to February 6, 1907, after attain-
ing the specified age.
426. Act of May 11, 1912.-This act provides that any person'
who served 60 days or more in the War with Mexico and has been
honorably discharged therefrom shall receive a pension of $30 per
month.
427. Pensions for disability or death due to service prior to March 4,
1861.-(a) Soldiers who were wounded or injured, or who contracted
disease in the line of duty, are entitled to pension corresponding in
rate to the degree of the disability incurred in the service. Persons
who rendered naval service are entitled to a like pension, under the
same conditions, excepting that no pension may be granted to an
engineer, fireman, or coal heaver for disability incurred prior to
August 31, 1842. (b) The widows, or children under 16 years of age,
of soldiers who served prior to March 4, 1861, are entitled to pension, if
the soldier's death was due to causes originating in time of actual
war, and not otherwise. Widows, or children under 16, of sailors who
served prior to March 4, 1861, are entitled to pension only when the
death of the sailor occurred in the service and in the line of duty.
(c) Pensions mentioned in this paragraph, if not applied for within
three years from the discharge or death of the person on whose
account the right to pension exists, or within three years of the
termination of a pension previously granted on account of the service
and death of such person, commence from the date of filing by the
person prosecuting the claim of the last paper necessary to establish
the same.
(d) The rate of pension allowed to one whose pensionable
rights accrued prior to March 4, 1861, is subject to variation, after
July 25, 1866, in accordance with the laws passed since March 4,
1861. (e) There is no provision of law granting pensions to the
parents, brothers, or sisters of persons who rendered military or naval
service prior to March 4, 1861.
PENSIONS TO INVALIDS SINCE MARCH 4, 1881.
Section 4692, Revised Statutes, and acts supplementary thereto (Gen-
eral laws): Any officer or enlisted man of the Army, Navy, or Marine
Corps, including regulars, volunteers, and militia, however employed,
in the military or naval service of the United States, or its Marine Corps,
since March 4, 1861, whether regularly mustered or not, disabled by
reason of any wound or injury received, or disease contracted, while in
the service and in line of duty, shall upon making due proof of the fact
according to such forms and regulations as may be provided in pursu-
ance of law, be entitled to receive a pension as provided in such cases.
8
ARMY AND NAVY PENSIONS,
428. Sections 4692 and 4693, Revised Statutes. The declarations
should set forth the company and regiment in which the applicant
served, the name of the commanding officer of the company or
organization, and the dates of enlistment and discharge, with personal
description at enlistment. In Navy cases, the vessels on which
claimant served should be stated. If the claim is made on account
of a wound or injury, the declaration should set forth the nature and
locality of the wound or injury, the time when, the place where, and
the circumstances under which it was received, and the duty upon
which the applicant was engaged.
If the wound or injury was accidental, the applicant should state
whether it happened through his own agency, or that of other per-
sons, and he should detail minutely the circumstances under which it
was received.
If the claim is made on account of disability from disease, the
applicant should state in said declaration when the disease first
appeared, the place where he was when it appeared, and the duty
upon which he was engaged at the time. He should also detail the
circumstances of exposure, and the causes which, in his opinion,
produced the disease. Whether the application be made on account
of disability from wound, injury, or disease, the claimant should
state the names, addresses, and localities of all hospitals in which he
received medical or surgical treatment, giving the dates of his admis-
sion thereto, as correctly as he may be able.
429. The applicant should state in the declaration each and every
permanent disability which he claims he contracted in the service in
line of duty, and should also state definitely that the disabilities
named are the only disabilities so contracted. If such statement be
not embodied in the declaration, the applicant shall be required to
make it in a supplemental affidavit; and this requirement shall apply
to claims heretofore made and now pending.
The applicant should state his post-office address, including street
and number, or rural free delivery route, if any.
430. In declarations for original invalid pensions under sections
4692 and 4693, Revised Statutes, the signature of the applicant
should be witnessed by the signatures of two competent, credible
witnesses, who should appear with him before the officer whose
jurat is attached to the declaration.
REVENUE CUTTERS.
The officers and seamen of the revenue cutters who have been disabled
in the discharge of their duty while cooperating with the Navy by
order of the President are entitled to receive a pension under the same
regulations and restrictions as are provided by law for the officers and
seamen of the Navy.
ARMY AND NAVY PENSIONS.
9
COAST GUARD.
No pension can be allowed or paid to any commissioned officer,
warrant officer, or enlisted man in the Coast Guard either on the active
or retired list.
MEDICAL RESERVE CORPS.
Officers of the Medical Reserve Corps are entitled to pension for physi-
cal disability incurred in line of duty while in active duty.
ORGANIZED MILITIA.
Any officer, noncommissioned officer, or private of the military State
militia called out by the President to repel an invasion, suppress
rebellion, or to enable him to execute the law, disabled by reason of
wounds or disabilities incurred in the service of the United States is
entitled to the benefits of the pension laws existing at the time of his service.
NAVAL MILITIA.
Any officer, petty officer, or enlisted man of the Naval Militia of any
State called into the service of the United States by order of the President
disabled by reason of wounds or disabilities received in the naval service
of the United States in time of war is entitled to all the benefits of the
pension laws existing at the time of his service.
Members of the Naval
Navy are not entitled to
period.
NAVAL RESERVE.
Reserve when not actively employed with the
pension for disability contracted during such
NATIONAL GUARD.
Any officer or enlisted man of the National Guard drafted into the
service of the United States in time of war disabled by reason of wounds
or disability received or incurred while in the active service of the United
States in time of war is entitled to all the benefits of the pension laws
existing at the time of this service.
CONFEDERATE SERVICE.
There is no existing United States law under which pension can be
granted on account of service rendered in the Confederate States Army or
Navy.
Some of the States have enacted legislation providing pensions for
Confederate soldiers and sailors and their widows and orphans who
reside in such States. Information concerning same must be obtained
from the Adjutant General of such State.
MEDAL OF HONOR.
Application to have name entered on the Army or Navy medal of
honor roll under the act of April 29, 1916, should be made to the War or
Navy Department, according to the character of service. Upon proper
certification by the Secretary of War or the Secretary of the Navy to the
59627°—17———2
t
10
ARMY AND NAVY PENSIONS.
Commissioner of Pensions that the applicant's name has been entered
on the medal of honor roll, an additional pension of $10 per month is
granted to the person whose name is so certified.
EVIDENCE REQUIRED IN A CLAIM FOR INVALID PENSION.
431. After the receipt of an application for pension a call shall
be made, in Army cases, upon The Adjutant General for the full
military and medical history of the applicant, as shown by the
records of the War Department. In Navy cases, calls for such
evidence shall be made upon the proper bureaus of the Navy Depart-
ment.
432. Since the consolidation of the records on file in the War
Department in February, 1889, it is often practicable to obtain
additional information relating to a soldier's service and hospital
treatment, and when the report heretofore furnished by the War
Department was made prior to said consolidation of the records
another call should be made on the War Department for a military
and medical history of the soldier, returning the reports now on file.
433. When the records of the War or Navy Department do not
furnish satisfactory evidence that the disability on account of which
the claim is made originated in the service of the United States, and
in the line of duty, the claimant shall be required to furnish such
evidence in accordance with the instructions hereinafter given, and
compliance with such requirement must be full and definite.
434. "Line of duty" is a technical phrase, which is defined in the
administration of the pension laws as that relation which a soldier
or sailor sustains to the military or naval service of the United
States when performing an act connected with any of the possible
conditions or requirements of the service, or in the observance of
the proper orders of his superiors, not in violation of the Army or
Navy regulations.
435. If the disability resulted from a wound or injury, the nature
and location of the wound or injury, the time when, the place where,
and the manner in which it was received, whether in battle or
otherwise, should be shown by the evidence of some one who was
a commissioned officer and had personal knowledge of the facts.
436. If the person called upon to give evidence is still in the
service as a commissioned officer, his certificate shall be accepted.
in lieu of his affidavit. If there is no record of the disability claimed,
the applicant shall be called upon to furnish the testimony of the
surgeon by whom he was treated, showing the location and nature of
the wound or injury and the circumstances under which it was received.
437. If the disability arose from disease, the testimony of the medi-
cal officer who treated the applicant in service should be furnished, if
possible, showing the name and nature of the disease, the time when,
the place where it was contracted, and the circumstances of exposure
ARMY AND NAVY PENSIONS.
11
to the causes which, in his opinion, produced the same; and he should
state whether, in his opinion, the habits of the applicant were con-
tributory to the origin or development of the disease.
438. In any claim, whether based on wound, injury, or disease,
if
it be shown that the testimony of a surgeon, assistant surgeon, or other
commissioned officer can not be produced as evidence of the origin of
the disability alleged, the testimony of other persons having personal
knowledge of the facts shall be considered.
439. In a claim on account of disability from disease the applicant
must furnish the testimony of each physician who has attended him
since the date of discharge, explicitly setting forth the history of the
disease and the disability since its first appearance. It is especially
important that the physician who first attended the applicant after his
discharge state the date at which the attendance commenced. If it
should not be possible for the applicant to show the condition of his
health during the whole period since the date of his discharge by
the testimony of physicians, the cause of his inability to do so should
be stated by him, under oath. The testimony of other persons on this
point may then be presented. Statements of witnesses in regard to
the manner in which the applicant was affected should be full and
definite and should show how such witnesses obtained a knowledge of
the facts to which they testify.
440. The act of March 3, 1885, provides that all applicants for pen-
sions shall be presumed to have had no disability at the time of enlist-
ment; but such presumption may be rebutted. It has been held that
after six months' continuous service immediately following enlistment
uninterrupted by the incurrence of any pensionable disability, dis-
eases contracted thereafter shall be accepted as due to the service upon
record evidence alone. If there is a record of the alleged disease soon
after the soldier's enlistment, and the evidence raises a doubt as to its
origin in the service, the questions of prior soundness and origin
should be determined by special examination, but all the surroundings
of the case should be carefully considered before this course is taken.
441. Injuries are not accepted as established merely on a record
of treatment for same in service, for the reason that they may or
may not have been received in line of duty. There is no class of
claims which should be more carefully guarded than those for injuries,
and the evidence produced to show origin thereof in service and line
of duty should always be based upon actual personal knowledge of
the nature and extent of the injury, as well as the circumstances
under which such injury was received, in order that the bureau may
be able to determine the question of origin in the line of duty.
442. Act of June 27, 1890, as amended by act of May 9, 1900.-Any
officer, soldier, sailor, or marine who served 90 days or more in the
military or naval service of the United States during the late War
12
ARMY AND NAVY PENSIONS.
of the Rebellion, who has been honorably discharged therefrom, and
who is suffering from disability of a permanent character, not the
result of his own vicious habits, which incapacitates him from the
performance of manual labor in such a degree as to render him
unable to earn a support, is entitled to a pension under this act of
not less than $6 nor more than $12 per month.
443. The act of May 9, 1900, amending the act of June 27, 1890,
provides that, in determining inability to earn a support, each and
every infirmity shall be considered, and the aggregate of the disabil-
ities shown be rated. These acts require an honorable discharge from
each and every term of service rendered during the War of the Rebel-
lion. A modification of this requirement has resulted, by reason of
the provisions of section 2 of the joint resolution of July 1, 1902,
as amended by the joint resolution of June 28, 1906. As the law
now stands the honorable discharge of any soldier or sailor from
any subsequent contract of service entered into by him during the
late War of the Rebellion is regarded as an honorable discharge from
all previous contracts of service previously entered into by him with
the United States during the said war, if the service under such sub-
sequent contract was for not less than six months, and was faithful,
and if he had not received by reason of the subsequent service any
bounty or gratuity other than from the United States in excess of
that to which he would have been entitled if he had continued to
serve faithfully until honorably discharged under any contract of
service previously entered into by him during the War of the Rebel-
lion. The limitation of section 4716, Revised Statutes, operated
against claimants under these acts until July 1, 1902, the date of the
passage of the joint resolution above referred to, the first section of
which removed the limitation as to disloyalty, except as to those who
enlisted in the Army or Navy of the United States after January 1, 1865.
Section 4716 was repealed by the last paragraph of section 1 of the
act of August 29, 1916, but the repeal does not have a retroactive operation,
and to entitle one to the benefit created by such repeal a new application
must be made.
444. Acts of February 6, 1907, and March 4, 1907.-By the terms of
these acts any person who served 90 days or more in the military or
naval service of the United States during the late Civil War, and who
has been honorably discharged therefrom, is entitled to a pension at
the following rates, irrespective of rank: At 62 years of age, $12 per
month; 70 years of age, $15 per month; 75 years or over, $20 per
month. Pension commences from the date of filing claim in the Bureau
of Pensions, subsequent to February 6, 1907, after attaining the speci-
fied age.
The bases of title under these acts, except as herein otherwise stated,
are the same as under the act of June 27, 1890, as amended by the
act of May 9, 1900.
ARMY AND NAVY PENSIONS.
13
445. Act of May 11, 1912.-By the terms of this act any person
who served 90 days or more in the military or naval service of the
United States during the late Civil War, and who has been honorably
discharged therefrom, is entitled to a pension at various rates, irre-
spective of rank, based upon age and length of service, as follows:

Age.
90 days. 6 months. 1 year.
11 years.
2 years. 2 years. 3 years.
75
2822
62
$13
$13.50
$14
$14.50
$15
$15.50
$16
66
15
15.50
16
16.50
17
18.00
19
70
18
19.00
20
21.50
23
24.00
25
21
22.50
24
27.00
30
30.00
30
446. If a soldier was wounded in battle or in line of duty and
received an honorable discharge, and is now unfit for manual labor
by reason thereof; or, from disease or other causes incurred in line.
of duty, resulting in his disability, is now unable to perform manual
labor, he shall be paid the maximum pension under this act without
regard to length of service or age.
447. Pensions under act of May 11, 1912, commence from the date
of filing of the applications in the Bureau of Pensions.
448. Act of March 4, 1913.-Under the terms of this act, increase
of pension under the act of May 11, 1912, on account of advancing
age shall be made without further application by pensioner, and shall
take effect and commence from the date he is shown to have attained
the age provided by this act as the basis of rating.
In considering claims under this act, an examiner is not prevented
from making such further investigation as to date of birth as is deemed
necessary in order to establish a record upon which further increases
of rate on account of advancing age may be possible, the object being
to advance automatically the rate of pension.
449. Claims for increase of invalid, pensions.-A pensioner who
may deem himself entitled to an increase of pension should file a
declaration setting forth the grounds upon which he bases his claim.
Upon the receipt of such claim the same shall be taken up to deter-
mine the propriety of ordering a medical examination.
450. Claims for restoration and renewal of pension. In cases of
unclaimed pensions (sec. 4719, R. S.) there must be filed evidence
specifically accounting for the failure to claim the pension, and, in
the case of invalids, medical evidence showing the continuance of
the disability on account of which pension was allowed.
Application for renewal of pension must be made by a declaration
executed as in original claims, setting forth that the cause for which
pension was granted still continues.
NAVY SERVICE ALLOWANCES.
451. Under sections 4756 and 4757, Revised Statutes, pensions
for 20 years' service and for 10 years' service, respectively, are
14
ARMY AND NAVY PENSIONS.
allowed by the Secretary of the Navy to enlisted men and appointed
petty officers who have not been discharged for misconduct. Pen-
sion commences from the date of filing the claim therefor in the
Navy Department; and for 20 years' service amounts to one-half
the monthly pay of the applicant's rating at his discharge; for 10
years' service the pension can not exceed the rate for total dis-
ability or one-fourth of the rate of pension he is receiving for dis-
ability, and is fixed, as is also its duration, by the Navy Department.
An application for pension under the sections referred to should be
made to the Secretary of the Navy.
PENSIONS TO WIDOWS SINCE MARCH 4, 1861.
452. Sections 4702 and 4703, Revised Statutes. To obtain pen-
sion under these sections it must be shown that the soldier or sailor
died of a disability contracted in the service and in the line of
duty. The date, place, and cause of death of the soldier or sailor
through whom the pension is claimed should be shown by a verified
transcript of the public record. When the public record is indefinite
as to the cause of death, and when it is necessary to show the patho-
logical connection between the death cause as shown in the record and
the disability as proven of service origin, the testimony of the attend-
ing physician should be filed, giving a full history of the soldier's
fatal illness and the mode and manner of death; but when this is
impossible the testimony of other persons who are acquainted with
the circumstances may be furnished.
453. Proof of marriage.-The marriage of the applicant to the per-
son on account of whose service and death the claim is made should
be shown by the best obtainable evidence in the following order:
(1) By a duly verified copy of a public or church record; or
(2) By the affidavit of the clergyman or magistrate who officiated; or
(3) By the testimony of two or more eyewitnesses to the cere-
mony; or
(4) By the testimony of two or more witnesses who know that the
parties lived together as husband and wife and were recognized as
such, and who shall state how long, within their knowledge, such
cohabitation continued; or
(5) By a duly verified copy of the church record of baptism of the
children.
The highest evidence obtainable in the order of preference above
stated shall be required. Inability to furnish the higher kind of
evidence must be clearly shown before the next lower kind is
admissible.
454. Section 2, of the act of August 7, 1882, provides:
That marriages, except such as are mentioned in section 4705, of the Revised Stat-
utes, shall be proven in pension cases to be legal marriages according to the law of the
place where the parties resided at the time of marriage or at the time when the right
to pension accrued.
ARMY AND NAVY PENSIONS.
15
455. Section 4705, Revised Statutes, provides that in the claims
of the widows and children of colored and Indian soldiers and sailors
based on death due to disabilities incurred in service in line of duty
there need be no other evidence of marriage than satisfactory proof
that the parties were joined in marriage by some ceremony deemed
by them obligatory, or habitually recognized each other as husband
and wife, and were so recognized by their neighbors, and lived together
as such up to the date of enlistment, when such soldier or sailor died
in the service, or, if otherwise, to the date of his death. This sec-
tion shall not apply to claims on account of persons who enlisted
after March 3, 1873.
456. If either applicant or soldier has been previously married, the
death or divorce of all former consorts should be proven, in the case
of death preferably by verified copy of the public or church record
or by the testimony of credible witnesses, and in the case of divorce
by certified copy of the decree of court. If there was no prior mar-
riage on the part of the applicant or the soldier, this fact should be
shown by the testimony of at least two credible witnesses who have
known the applicant and the soldier from the time they became of
marriageable age.
457. In the claim of a widow, competent testimony should be pro-
duced showing whether she and the soldier were ever divorced, and
whether they lived together as husband and wife up to the date of the
soldier's death. If for any reason they were not living together at
the time of his death, but their separation was by mutual agreement
or otherwise and not by legal divorce, all the facts relating to such
separation should be fully produced in order that her rights may be
fully and clearly determined.
458. Under the act of March 3, 1899, a widow who did not marry
the soldier prior to the date of the act, or prior to or during his service,
has no title to widow's pension unless it be shown that she lived and
cohabited with him continuously from the date of marriage to the
date of his death, or, in case of separation, that such separation was
through no fault of hers. The widows of Spanish War soldiers are
excepted from the operation of this act.
459. Proof of dates of birth of children.-The dates of birth of chil-
dren should be proved by the best obtainable evidence in the follow-
ing order:
(1) By a duly verified copy of the public record of births, or the
church record of baptism; or
(2) By the affidavit of the physician who attended the mother; or
(3) By the testimony of persons who were present at the births,
who should state how they are now able to fix the precise dates.
(4) Where the evidence called for in the preceding paragraphs can
not be obtained, the best obtainable evidence should be furnished
16
ARMY AND NAVY PENSIONS.
in order to enable the bureau to approximate the dates of birth.
It is worthy of note that the records of the Census Bureau not infre-
quently afford information on this point.
Inability to furnish the higher kind of evidence must be clearly
shown before the next lower kind is admissible.
If any child of the person on whose account the claim is made
died after the date at which the widow's pension would commence, the
date of death must be shown.
460. Children born before the marriage of their parents, if acknowl-
edged by the father before or after marriage, shall be deemed legiti-
mate.
461. The additional pension granted to the widow on account of
the minor children of the soldier by a former wife can be paid her
only for such period of her widowhood as she has been or shall be
charged with the maintenance of such children.
462. Act of June 27, 1890, as amended by act of May 9, 1900.-
Pensions under these acts are granted to widows upon proof-
(1) That the soldier or sailor served at least 90 days during the
War of the Rebellion.
(2) That he was honorably discharged.
(3) That he is dead, but his death need not have been the result
of his Army or Navy service. Under the act of March 13, 1896, his
death may be presumed after seven years unexplained absence.
(4) That the widow is without means of support other than her
daily labor and such actual net income as is provided by the act of
May 9, 1900.
(5) That she married the soldier or sailor prior to June 27, 1890.
463. Act of April 19, 1908.-Pensions under this act are granted to
widows upon proof-
(1) That the soldier or sailor served at least 90 days during the
Civil War.
(2) That he was honorably discharged.
(3) That he is dead, but his death need not have been the result
of his Army or Navy service. Under the act of March 13, 1896, his
death may be presumed after seven years of unexplained absence.
(4) That she was married to the soldier or sailor prior to June
27, 1890.
Act of September 8, 1916, extends the benefits of the above provisions
to a widow who was married to the soldier or sailor prior to June 27, 1905.
464. In widows' claims under the act of June 27, 1890, as amended,
or under the act of April 19, 1908, the provisions of the joint resolu-
tion of July 1, 1902, and amendments, apply the same as in invalid,
claims.
REMARRIED WIDOWS.
Act of September 8, 1916, second proviso in section 2, allows a pension
(a) to widows, otherwise entitled, whose husbands died of wounds,
ARMY AND NAVY PENSIONS.
17
injuries, or disease incurred during the period of their military or naval
service, but who were deprived of pension under the act of March 3, 1865,
by reason of their remarriage, and (b) to any person who was lawfully
married to an officer or enlisted man, who served in the Army, Navy, or
Marine Corps of the United States during the Civil War and was
honorably discharged therefrom and has since deceased, and who, having
remarried since his death is again a widow, or has been divorced from
her husband upon her own application without fault on her part and
who, otherwise entitled, was barred by reason of such remarriage from
receiving pension under existing law.
PENSIONS TO MINORS SINCE MARCH 4, 1861.
,
465. Sections 4702 and 4703, Revised Statutes. To obtain title to
pension under these sections it must be shown that the father of the
minor children died of a disability contracted in the service and in
the line of duty; and, in addition, proof must be furnished as follows:
(1) The cause and date of the father's death, the marriage of the
parents, and the dates of birth of the children must be established as
in widows' claims. When, however, satisfactory proof upon these
points has been furnished in the claim of the widow, it will not again
be required in the claim on behalf of the minors.
(2) If the mother of the children is dead, the date of her death
must be proved. If she remarried, her remarriage must be shown in
the same manner that her marriage to the father of the children is
required to be established. If the claim is based on the fact that the
widow has abandoned the care of the children, or that she is an un-
suitable person, by reason of immoral conduct, to have the custody
of them, and such fact be duly certified under seal, by any court
having probate jurisdiction, or be shown by satisfactory evidence,
the children are given a pensionable status by section 4706, Revised
Statutes, to the exclusion of the widow, until they severally attain
the age of 16 years, to commence from the date of last payment to
the widow, if she be a pensioner, and if not, from the date on which
her pensionable rights accrued.
(3) If the mother of the children died before the father, it must
be shown whether he again married.
(4) It must be shown whether the father left any other pensionable
child than the minors for whose benefit the claim is made, and, if so,
why such child was not mentioned in the application. In minors'
claims pension can not be allowed on account of a child who died
prior to the allowance of the claim.
Act of September 8, 1916, extends the rights of the widow to June 27,
1905.
466. Act of June 27, 1890, as amended by act of May 9, 1900.-
Minor children have title under these acts upon the death or remar-
59627°-17-3
18
ARMY AND NAVY PENSIONS.
riage of the widow of the soldier or sailor. Where, however, the
widow was not married to the soldier or sailor prior to June 27, 1890,
and his death cause did not originate in the service and in the line of
duty; or where she has forfeited her title to pension by open and
notorious adulterous cohabitation, or has been suspended under the
provisions of section 4706, Revised Statutes, the minor takes title,
even though the widow be alive and unmarried.
467. A minor's claim for pension may be made and prosecuted by
the minor himself or by a next friend or guardian, but if the claim is
allowed before his majority the payment of pension shall be made
only to a duly appointed guardian.
PENSIONS TO HELPLESS CHILDREN.
!
468. The first proviso of the third section of the act of June 27,
1890, as amended by the act of May 9, 1900, continues the pension of
a minor child who is insane, idiotic, or otherwise physically or men-
tally helpless, after it becomes 16 years of age, during the life of
said child, or during the period of such disability. The benefits.
of this proviso are extended to all pensions granted before June 27,
1890, or thereafter granted, under any statute. The pension al-
lowed by the proviso commences from the date of the filing of the
application therefor in the Bureau of Pensions. In order to obtain
title, the helplessness of the child must have originated prior to
attaining the age of 16 years, and have continued thereafter.
469. No helpless child of the soldier over 16 years of age at the
date of death of the soldier has title to pension under these acts..
PENSIONS TO DEPENDENT RELATIVES.
470. Section 4707, Revised Statutes. To obtain title to pension
under this statute, it must be shown that the soldier or sailor died of a
disability contracted in the service and in line of duty.
471. Dependent mothers. In a mother's claim, her relationship
to the soldier or sailor, the date and cause of the son's death, whether
he left a widow or minor children surviving, and her dependence on
him for support at the time of his death, must be shown.
472. In proof of dependence, it must be shown that previous to the
date of the said son's decease her husband had died, or that he had
permanently abandoned her, or that, on account of disability from
injury or disease, he was unable to support her.
473. If the husband is dead, the date of his death must be proved.
If he abandoned the support of his family, the date of the abandon-
ment, and all the facts of the case, showing whether he ever returned,
or ever afterwards contributed to the support of the claimant,
must be fully set forth. If any person who is legally bound to con-
tribute to the support of the mother claimant neglect or fail to do so,
ARMY AND NAVY PENSIONS.
19
and the State or local laws afford a remedy, it should be shown.
whether the claimant has invoked the aid of such laws to compel
support. If the father was disabled, the nature and cause of the
disability, when, and to what extent, it rendered him unable to sup-
port the claimant, must be shown by the testimony of his physician.
The extent of his disability during the period from the son's death
to the present time should also be shown.
474. The value of the property of the claimant and her husband,
the income derived therefrom, and the other means of support pos-
sessed by her while she was receiving the contributions of the son on
account of whose service and death pension is claimed, and from that
time to the present, should be shown by the testimony of credible.
and disinterested witnesses, who must state how they know the facts.
The value of property assessed for taxation may be shown by the
testimony of the officer having custody of the records relative thereto,
who should also state the ratio of the assessed to the actual or cash
value of such property.
475. It must be shown to what extent, for what period, and in what
manner, her said son contributed to her support, by the testimony of
persons for whom the son labored, to whom he paid rent, of whom
he purchased groceries, fuel, clothing, or other necessary articles for
the mother's use, or of those who otherwise had a knowledge of the
contributions of the son, and who must state how they obtained.
such knowledge. Any letter from the son, bearing upon the ques-
tion of support, should be filed. If the son, in any other manner
than by actual contributions, acknowledged his obligation to support
his mother, or was, by law, bound to such support, the facts should
be shown.
476. Dependent fathers.-In a father's claim for pension on account
of the death of a legitimate son upon whom he was dependent for
support, there must be proven-
(1) The cause of his son's death;
That said son left no widow or minor child surviving;
The cause and extent of claimant's disability during the period in
which the son contributed to his support, and from that time to the
present;
The amount of his property, and all other means of support pos-
sessed by him during that period, and the extent of his dependence
upon his son for support.
The facts of the case, in each respect, should be shown by such
testimony as is required in the claim of a mother.
(2) The date of the claimant's marriage to the mother of the
soldier or sailor, the date of birth of the son, and the date of the
death of said mother, must be proved.
20
ARMY AND NAVY PENSIONS.
In case the mother applied for pension, reference should be made
to her application, and the number of the same, or of her certificate,
should be given. Evidence upon any fact established in a mother's
claim shall not again be required.
477. Minor brothers and sisters.-In a claim on behalf of minor
brothers and sisters there must be proved-
The cause and date of death of the brother on whose account the
claim is made;
His celibacy;
The dates of death of the mother and father, or death of the father
and remarriage of the mother;
The dates of birth of the claimant and other dependents upon the
brother for support.
If the mother or father applied for pension, the number of his or
her application, or of his or her certificate, should be given.
Evidence upon any fact established in the claim of the mother or
the father will not again be required.
In the administration of the pension laws no distinction is made
between brothers and sisters of the half blood and those of the whole
blood.
478. A minor brother or sister's claim for pension may be made
and prosecuted by the minor or by next friend or guardian, but if the
claim is allowed before his majority the payment of pension shall be
made only to a duly appointed guardian.
479. Act of June 27; 1890 (construed as amending sec. 4707, R. S.,
as to dependent parents). The same evidence is required in claims
under this act as under section 4707, Revised Statutes, in its original
form, except as to contributions by the soldier or sailor, and as to
date of dependence, which is changed from the date of the soldier's
or sailor's death to the date of the filing of the application for pension
under this law.
480. The rate of pension under section 4707, Revised Statutes, in
its original form, and under section 1 of the act of June 27, 1890, is
governed by the rank of the soldier or sailor on account of whose
service and death pension may be claimed.
CLAIMS FOR RESTORATION AND RENEWAL.
482. Application for restoration of pension (sec. 4719, R. S.) must
be submitted by a declaration executed as in an original claim, set-
ting forth fully the reasons for failure to draw pension, accompanied
by evidence satisfactorily accounting for such failure.
483. The act of March 3, 1901, amending section 4708, Revised
Statutes, provides for renewal of pension to certain remarried widows
ARMY AND NAVY PENSIONS.
21
on renewed widowhood. The applicant under these acts must show
that she was the wife of the officer, soldier, or sailor during the
period of his service in a war; that she was pensioned as his widow
by reason of his death being due to disability of service origin in
such war; that her name was dropped from the roll by reason of her
remarriage to another person who has since died or from whom she
has been divorced upon her application, and without fault on her
part; and that she is without means of support other than her daily
labor and a net income not exceeding $250 per annum. The fact
that the widow was originally barred from pension by the terms of
the act of March 3, 1865, by reason of her remarriage, does not
deprive her of title to pension under the amendatory act of February
28, 1903.
Act of September 8, 1916, section 2, provides that any widow of an
officer or enlisted man who served in the Army, Navy, or Marine Corps
of the United States during the Civil War, whose name had been placed
or should thereafter be placed on the pension roll, under any existing law,
and whose name has been or should thereafter be dropped from said
pension roll by reason of her marriage to another person who has since
died or should thereafter die, or from whom she had theretofore or should
thereafter be divorced upon her own application and without fault on her
part, shall be entitled to have her name again placed on the pension roll
at the rate allowed by the law under which she was formerly pensioned,
and the law or laws amendatory thereof, unless she be entitled to a greater
rate of pension under the provisions of section 1 of said act, such pen-
sion to commence from the date of filing her application in the Bureau
of Pensions after the passage of said act.
Where the pension of said widow on her second or subsequent marriage
has accrued to a helpless or idiotic child, or a child under the age of 16
years, she shall not be entitled to renewal under said act unless said help-
less or idiotic child, or child under 16 years of age, be then a member of
her family and cared for by her. Upon the renewal of pension to said
widow payment of pension to said child shall cease.
There is no existing law under which the divorced wife of a soldier or
sailor can be pensioned as his widow. It matters not whether she or he
procured the divorce.
There is no existing law under which a remarried widow of a soldier
or sailor can be pensioned over any period of time she was, or is, the
lawful wife of another man.
There is no existing law under which a remarried widow of a
soldier or sailor can be pensioned if her remarriage, after the death of
the soldier or sailor, was terminated by the husband securing a divorce
from her.
22
ARMY AND NAVY PENSIONS.
PENSIONS TO ARMY NURSES.
484. Act of August 5, 1892.—By this act all women employed by
the Surgeon General of the Army as nurses during the late War of
the Rebellion, for a period of six months or more, and who were
honorably relieved from such service, are entitled to a pension, pro-
vided they are unable to earn a support.
DROPPING, RECOVERY, SUSPENSION, AND RECOUPMENT.
485. Under the provisions of the act of December 21, 1893, any
pension heretofore or that may be hereafter granted to any applicant
under any law of the United States, shall be deemed to be a vested
right in the grantee to that extent that payment thereof shall not be
withheld or suspended until, after due notice to the grantee of not
less than 30 days, the commissioner, after hearing all the evidence,
shall decide to annul, vacate, modify, and set aside the decision upon
which such pension was granted.
486. Such notice to grantee must contain a full and true statement
of any charges or allegations upon which such decision granting such
pension shall be sought to be in any manner disturbed or modified.
487. All cases in which these questions arise are to be determined
by the Board of Review or by the medical referee, as the case may be,
and where dropping, reduction, or recoupment is proposed, the evi-
dence furnished tending to show absence of title or that the rate of
pension now pending is excessive should be brought to the personal
attention of the commissioner.
488. Pension paid in consequence of fraud on the part of the pen-
sioner or of a mistake of fact in the adjudication of the claim may
be recovered by withholding accruing pension.
CLAIMS FOR SHARE OF PENSION PAID TO INMATES OF THE GOVERNMENT HOSPITAL
FOR THE INSANE.
489. Act of February 2, 1909.-By the terms of this act, the pension
accruing to an inmate of the Government Hospital for the Insane
must be paid to the superintendent or disbursing agent of such hos-
pital, and the money so paid shall be disbursed and used, under the
regulations prescribed by the Secretary of the Interior, for the benefit
of the pensioner, and in the case of a male pensioner, his wife, minor
children, and dependent parents, or, if a female pensioner, her minor
children, if any, in the order named. All questions affecting the
right of a claimant to a share of the pension of an inmate of the
hospital are determined upon evidence submitted to the Commissioner
of Pensions, in accordance with the practice obtaining in such cases.
The findings of the Commissioner of Pensions upon the evidence are
submitted to the Secretary of the Interior for approval, and, upon
the latter's direction, the disbursing officers of said hospital shall
ARMY AND NAVY PENSIONS.
23
Typ
make proper distribution of the pension money to the dependents
enumerated in said act.
1
490. Applications to the Commissioner of Pensions for allotment
of a share of the pension in cases under the act of February 2, 1909,
should be made under oath, and the applicant should state the rela-
tionship to the insane person, the certificate number of such person,
if known, the aggregate value of all property owned by the applicant,
as well as the sources of income and means of support of said appli-
cant. All allegations should be sustained by the testimony of persons
competent to testify from personal knowledge of the facts, and the
witnesses should state their ages, means of knowledge of the facts
to which they testify, and their post-office addresses, giving the street
and number, or rural free-delivery route, if any. In case the appli-
cation is made by the wife, she should furnish evidence of marriage
in the manner and order provided for in sec. 453. If either applicant
or pensioner had been previously married, the death or divorce of
the former consort should be proved; in case of death, preferably
by verified copy of the public or church record, or by the testimony
of credible witnesses; and, in case of divorce, by a certified copy of
the decree of the court. If there was no prior marriage on the part
of the applicant or the pensioner, this fact should be shown by the
testimony of at least two credible witnesses who have known the
applicant and the pensioner from the time they became of marriage-
able age.
491. In the cases of minor children or dependent parents, the rela-
tionship of the applicants to the pensioner must be satisfactorily
shown.
492. The application and the evidence necessary to establish the
claim should be filed at the same time.
CLAIMS FOR PAYMENT OF PENSION TO WIVES OF INSANE PENSIONERS, OR TO WIVES
OF PENSIONERS UNDERGOING SENTENCE OF IMPRISONMENT.
493. Act of August 8, 1882.—Where an insane invalid pensioner
has no guardian, and has a wife or children dependent upon him, the
wife being a woman of good character, the Commissioner of Pensions
is authorized, in his discretion, to cause the pension to be paid to the
wife, upon her properly executed voucher, or, if there is no wife, to
the guardian of the children, upon his properly executed voucher,
and, in like manner, to make payment of the pension due invalid
pensioners who are imprisoned for offenses against the law, to their
wives, or the guardians of their children.
Under this statute evidence showing the pensioner's insanity or
imprisonment, and, in the case of a wife, her good character, as well
as the proof required in claims under the act of February 2, 1909,
above, must be furnished.
24
ARMY AND NAVY PENSIONS.
ACCRUED AND REIMBURSEMENT CLAIMS.
494. Act of March 2, 1895.-An accrued pension is payable, under
the terms of this act, whether the certificate issues prior or subsequent
to the death of the soldier entitled to the pension, first, to his widow,
second, if there is no widow, to his child or children under 16 years of
age, third, in case of a widow, to her minor children by the soldier
who were under 16 years of age at the date of her death. No other
person is entitled to receive the accrued pension, as a matter of
right, nor is it considered a part of the assets of the estate of the
deceased pensioner. It is not liable for the debts of the estate, in
any case whatsoever, but inures to the sole and exclusive benefit of
the widow or children. The proof necessary to establish a claim for
accrued pension is identical with that required to establish the claim.
of a widow or minor child to original pension, in so far as the relation-
ship of the claimant for the accrued pension to the pensioner is
concerned.
495. A claim for reimbursement may be made by the person who
bore the expenses of the last sickness and burial of any pensioner who
died, leaving no widow, or child under 16 years of age, surviving,
provided the pensioner did not leave sufficient assets to meet such
expenses. An application for reimbursement should be accompanied
by the following evidence:
Bills of all expenses of last sickness and burial.-If paid by the
claimant for reimbusement the bills must be properly receipted
to said claimant. If unpaid, the parties to whom said bills are due
should note on each bill, over their signatures, that they hold the
claimant responsible for the payment. If the bill be for medical
treatment it must show the dates of visits or treatment and the charge
for each. A bill for nursing and care must show the dates between
which the services were rendered, and the rate per day or week. The
bill of the undertaker must be itemized, and show the date on which
the services were rendered.
Each bill must show that the service was rendered for the pensioner
on account of whom reimbursement is claimed.
All claims should be presented in the name of one person.
Bills which are forwarded become a part of the records of the
Bureau of Pensions, and can not be returned. Claimants should
therefore secure duplicates of such bills if needed by them
If the pension certificate which was issued in the name of the
pensioner is not in possession of the claimant a statement showing its
whereabouts or final disposition should be made.
496. In claims for accrued pension or for reimbursement under the
act of March 2, 1895, a formal declaration is not necessary. All that
is required in these cases is that the applicant shall be properly
ARMY AND NAVY PENSIONS.
25
identified by the evidence as the person entitled to the accrued pension
or reimbursement.
497. The mailing of a pension check in payment of pension due,
issued on voucher, constitutes payment in the event of the death of
the pensioner subsequent to the execution of the voucher therefor.
498. a. In nonvoucher cases the proper delivery of a pension check
during the lifetime of the pensioner constitutes payment in the event
of the death of the pensioner prior to indorsement thereof. In such
cases the checks become a part of the assets of the estate of the
deceased pensioner.
b. All inquiries relative to the payment of such checks should be
addressed to the Auditor for the Interior Department, Treasury
Department.
WITNESSES AND TESTIMONY.
499. A declaration executed before an officer who is claimant's
attorney is accepted by the Bureau of Pensions as good and valid,
but under the practice such magisterial act vacates any rights which
may be conferred on him in the power of attorney therein embodied.
500. Evidence executed before an officer who is claimant's attorney
or before any person who has a manifest interest therein shall not be
considered. It is held by the Secretary of the Interior, however,
that evidence so executed, wherein the certificate of such officer
contains a clause setting forth that "he is in nowise interested in the
claim nor concerned in its prosecution" is good and valid, but the
rights such officer may have had as attorney in the case are thereby
abandoned. All certificates of executing officers should certify
that they have no interest in the claim.
501. Every fact required to be proved should be shown by the best
evidence obtainable. Every witness should state whether he has any
interest, direct or indirect, in the prosecution of the claim in which he
may testify; whether he is related to the claimant, and if so, how;
and should give his post-office address, with street and number, or
rural free-delivery route, if any.
502. Witnesses should not merely confirm the statements of other
parties, but should give a detailed statement of the facts known to
them in regard to the matter concerning which they testify, and should
state how they obtained a knowledge of such facts. The officer
taking the deposition or affidavit should certify in his own hand-
writing as to his knowledge of the credibility of the witnesses. If
they sign by mark, the signature must be attested by two witnesses
who write, and the officer must certify that the contents of their
depositions or affidavits were read to them before he administered
the oath,
503. Affidavits should be free from interlineations and erasures.
When an alteration is made in an affidavit, or an addition is made
26
ARMY AND NAVY PENSIONS.
thereto, it must appear by the certificate of the officer who admin-
istered the oath that such alteration or addition was made with the
knowledge and sworn consent of the affiant.
504. In all affidavits from surgeons or physicians the portion
detailing the nature of the disability, dates of treatment, and date
of death, symptoms and opinions as to connection between diseases
or injury and disease should be in the handwriting of the party by
whom it is signed. The testimony of any person testifying as an
expert should be prepared by some one professionally competent
to do so.
505. The official certificates of judicial officers using a seal or of
commissioned officers of the Army or Navy in actual service shall be
accepted without being sworn to, but all other witnesses must testify
under oath.
!
COPIES OF RECORDS AND PAPERS.
506. a. Act of August 24, 1912.-Copies of the bureau records may,
when not deemed prejudicial to the interests of the Government, be
furnished at the rate of 15 cents for each 100 words copied, or 15
cents for each sheet photographed, with 25 cents additional for each
certificate of verification and the seal of the bureau attached to
authenticated copies. Authenticated copies are to be admitted in
evidence equally with the originals thereof.
b. The papers, copies of which are desired, should be clearly speci-
fied, and the name of the soldier upon whose service the claim was
based, the designation of the organization in which he served, and,
if possible, the number of the claim or the certificate should be stated,
in order that the case may be identified and unnecessary delay
avoided; and the purpose for which such copies are desired should
be definitely stated.
507. Act of May 11, 1912.-Section 5, as amended March 4, 1913,
provides that a record be kept of Civil and Mexican War pensioners
under said acts, showing the name, length of service, and age of each
pensioner, the monthly rate of pension paid to him and the county
and State of his residence, and that certified copies thereof be furn-
ished upon demand and payment of such fee therefore as is provided
by act of August 24, 1912.
508. Post-office addresses are charged for at the rate of 15 cents
each, but may be furnished free where requested by a claimant for
pension in securing evidence in the prosecution of his claim.
MISCELLANEOUS.
509. Applications for certificate of service in lieu of lost discharge
should be filed with the Adjutant General, United States Army, War
Department, in Army cases, and with the Chief of the Bureau of
Navigation, Navy Department, in Navy cases.
ARMY AND NAVY PENSIONS.
27
510. Applications for back pay, extra pay, or bounty money for
military service should be filed with the Auditor for the War Depart-
ment; for bounty, extra pay, or prize money for naval service with
the Auditor for the Navy Department.
511. Applications for artificial limbs or mechanical appliances
should be filed with the Surgeon General, United States Army, War
Department.
512. Applications for headstones for graves of deceased soldiers
should be filed with the Quartermaster General, United States Army,
War Department.
ATTORNEYS.
344. A person appearing of record in the Bureau of Pensions as
having complied with the regulations prescribed by the Secretary
of the Interior for the recognition of agents or attorneys before the
Department of the Interior may be recognized to prosecute any
claim for pension or bounty land in which the law does not prohibit
the employment of an attorney or the payment of an attorney's fee,
on filing a power of attorney from the claimant: Provided, however,
That the Commissioner of Pensions, in his discretion, may recognize
such person without compensation in any claim for pension or bounty
land heretofore filed, or that may hereafter be filed, in which the law
prohibits the payment of such fee: And provided, That where the
power of attorney is in the name of a firm of agents or attorneys
some duly qualified member thereof must enter an appearance therein
on behalf of the firm.
346. No person can be recognized as an agent or attorney before
this bureau until he shall have complied with the regulations adopted
in pursuance of the act of July 4, 1884. If the attorney has not
complied with such regulations he shall be so notified and furnished
with the proper blanks and a copy of such regulations and of the
oath required.
348. The relation of "principal and agent" is that which shall be
recognized as the relation subsisting between claimants and those
acting for them in prosecuting their claims before this bureau.
349. Consent of the attorney of record to a revocation or a transfer
of his power shall be required, except in such cases as are otherwise
permitted by the commissioner.
350. Transfers of attorneyship must be acknowledged before some
officer authorized to administer oaths for general purposes in the
presence of two witnesses who must sign their names to the instru-
ment of transfer.
351. In all transfers of attorneyship a separate slip must be filed
for each claim transferred, showing its number, the name of the
r
28
ARMY AND NAVY PENSIONS.
claimant, the name of the soldier or sailor, the service on which the
claim is based, and the name and address of the transferee.
352. A transfer not general in character, but of a limited number
of claims, from one agent, attorney, or firm to another, must be
accompanied also by a schedule, alphabetically arranged, showing
for each claim the data required on said slips.
353. A transfer made by the legal representative of deceased or
incompetent agent or attorney must be accompanied by a duly
authenticated certificate of an officer of the court having jurisdiction.
showing the authority of such representative.
354. The written consent of the claimant is necessary to entitle
a transferee to recognition in an incomplete claim, the transfer of
attorneyship in all such cases being subject to protest.
355. In the event of death if there be no administration, the trans-
fer must be executed by the widow or heir, or heirs, and must include.
a statement as to the death of the attorney, the date thereof, the
name of his widow, if any, or the name or names of his heir or heirs,
that no administration will be had, and that there is no objection to
the transfer on the part of anyone having a claim against the estate.
This affidavit must be corroborated by the affidavits of two disinter-
ested persons having knowledge of the facts.
356. No agent or attorney shall have power to make a valid assign-
ment of any claim in which he has been recognized, even with the
written consent of the claimant, unless he is at the time of such assign-
ment and of such consent in good standing before the Bureau of
Pensions.
357. Only a duly executed power of attorney confers upon an
agent or attorney the right to appear in a case or to receive any
information therein, and examiners shall, upon the receipt of a duly
executed power of attorney, no other attorney having prior rights,
inform the agent or attorney thereby empowered of the condition of
the case and at the proper time call upon him for all the necessary
proof.
Articles of agreement and every power of attorney, in order to be
recognized by the bureau, must specify the particular claim in the
case to which they are intended to apply.
358. No power of attorney purporting to be executed by a claimant
shall be recognized as good and valid unless the same be signed by
the claimant in the presence of two witnesses, neither of whom is
the attorney of record in the claim, and acknowledged before an
officer duly authorized to administer oaths for general purposes,
whose official signature is certified under seal and who is not interested
in the prosecution of the claim to which the power of attorney may
relate.
359. Every officer of the United States or person holding any place
of trust or profit or discharging any official function under or in con-
1
29
ARMY AND NAVY PENSIONS.
nection with any executive department of the Government of the
United States, or under the Senate or House of Representatives of
the United States is prohibited, under a heavy penalty, from acting
as an agent in a claim for pension or from aiding and assisting in any
manner, otherwise than in the discharge of his proper official duties,
in the prosecution of such claim. (Sec. 109, Crim. Code, 35 Stat. L.,
p. 1107.)
360. Every agent, attorney, or other person who shall, directly or
indirectly, request of any Member of either House of Congress, or of
any United States Government official or representative (other than
one whose duty it is under the law to supervise and administer the
laws, rules, and regulations governing the granting of pensions and
bounty land) aid or assistance in the prosecution of a pension or
bounty-land claim, or who shall, directly or indirectly request or
advise a claimant to seek such aid in the prosecution of a pension or
bounty-land claim, shall be held to have abandoned the claim as agent
or attorney and shall thereby forfeit his agency or attorneyship in
such claim.
361. Every agent, attorney, or other person recognized by the
Department of the Interior as entitled to practice before the Bureau
of Pensions who shall violate the provisions of the preceding section
shall be held thereafter incompetent to prosecute claims before said
bureau within the meaning of section 5 of the act of July 4, 1884, and
shall thereby subject himself to suspension or disbarment from prac-
tice before the Bureau of Pensions.
362. In all claims for pension where the evidence necessary to com-
plete them was filed by the agent or attorney prior to suspension or
disbarment from practice, and in which the certificate does not issue
until subsequent thereto, such agent or attorney may be recognized
as though he had not been suspended and may be paid his fee.
363. If an agent or attorney is disbarred pending the adjudication
of a claim, and if, while such disbarment is in force, the claim is
adjudicated and the certificate issued without certification of a fee
by reason of such disbarment, and if thereafter said agent or attorney
is restored to practice, and if claimant has not, by reason of such
disbarment, canceled or revoked the authority theretofore existing,
upon such restoration as aforesaid the lawful fee shall be certified and
paid to such agent or attorney.
364. When a claimant during the disbarment of his agent or
attorney of record employs another, who prosecutes the claim to
final adjudication, no fee shall be certified the disbarred agent or
attorney upon his restoration to practice.
365. No calls for evidence or notices of medical examinations or
the like should be addressed to disqualified attorneys.
366. In all cases where certificates issue subsequent to the resto-
ration of the agent or attorney prosecuting the claim, it having
30
ARMY AND NAVY PENSIONS.
been completed during his suspension without the interposition of
another agent or attorney or revocation by claimant of his author-
ity, said restored agent or attorney should be recognized, notwith-
standing his power was filed prior to the date of his restoration.
367. The rule directing payments of fees to suspended agents or
attorneys in claims completed prior to their suspension shall not be
construed to authorize payment of fees in cases in which action on
such pending claims was suspended on account of any irregularity or
informality in the papers or evidence presented by such agents or
attorneys in the prosecution of such claims.
368. An applicant shall be allowed during the suspension of an
agent or attorney previously empowered to act in said applicant's
claim to appoint another agent or attorney because of the inability
of the former agent or attorney to act for claimant before the depart-
ment, even though the said inability should prove to have been but
temporary.
369. No fee shall be allowed to a guardian who prosecutes the claim
of his ward, or to a firm of attorneys of which the guardian is a
member.
370. No request of an agent or attorney for consideration of his
title to a fee shall be entertained unless the same shall be filed in the
Bureau of Pensions within one year from the date of issue of the cer-
tificate upon which such fee is claimed.
371. Agents or attorneys practicing before this bureau are required
to state the names of all subagents or correspondents assisting them
in the prosecution of claims for pension or bounty land, and the
interest said subagents or correspondents have in the prosecution of
such claims or fees therein. Any agent or attorney in good standing
before the bureau who knowingly employs any person as a subagent
or correspondent prohibited from practicing before the department
shall be recommended for suspension from practice.
372. Cases pending in this bureau shall not be taken up upon the
verbal requests of attorneys or claim agents, nor in their behalf
except upon a separate written inquiry in each case signed by the
attorney or agent and in regular course of business.
373. No claim pending in the Bureau of Pensions shall be con-
sidered out of its regular order upon the request of an agent or
attorney, or any other person except for good cause shown and upon
the order of the Commissioner of Pensions.
374. A change of guardian in any case during the pendency of a
claim for pension does not affect the right of the original attorney
to recognition and to the fee agreed upon with the guardian who
appointed him.
375. The willful withholding of evidence by an agent or attorney for
any cause shall be reported to the Secretary of the Interior for his action.
ARMY AND NAVY PENSIONS.
31
376. In claims for pension and bounty land no greater fee than
is authorized by law can be legally received by an agent or attorney
dr any other person for prosecuting such claim for pension or bounty
land, and upon satisfactory proof that any agent or attorney has,
subsequent to July 4, 1884, received directly or indirectly from the
claimant any sum or sums for his services in the prosecution of the
claim, said agent or attorney shall be reported to the Secretary of
the Interior for disbarment.
377. Where an agent, attorney, or other person incurs any expense
in the prosecution of a claim before the Bureau of Pensions, he must
file a sworn itemized account of such expense with the Commissioner
of Pensions and secure the approval thereof before demanding or
receiving reimbursement from the claimant or pensioner.
378. In a claim under the act of March 2, 1895, for the accrued
pension due in an admitted case from the date of last payment to
pensioner's death, the agent or attorney of record is permitted, upon
the allowance of the claim, to receive as a fee, direct from the claimant.
or beneficiary, 10 per cent of the amonut of the accrued pension paid;
but in no event shall such agent or attorney be permitted to demand,
receive, or retain a fee in excess of $10 in any one claim.
379. When an agent or attorney is called upon by the Commis-
sioner of Pensions to furnish evidence in any claim he shall be allowed
90 days within which to furnish same or to give reasons why he fails
to do so. Before such agent or attorney is dropped or another
recognized (at any time within one year) he shall be given 30 days'
notice to show cause why he is not guilty of laches. In the event
that such answer be not filed within 30 days from the mailing of such
notice, or that the answer thereto be held by the Commissioner of
Pensions to be insufficient, claimant shall be notified of such failure
and may file the same, either by himself or by such other attorney
as he may elect; and upon the recognition of such other attorney
the former agent or attorney shall be estopped from claiming any fee.
380. An agent or attorney shall be required to exercise due dili-
gence in all cases in which he is recognized. Neglect to prosecute a
claim for one year shall be held, in default of cause shown, conclusive
evidence of the abandonment of a claim by the agent or attorney,
and claimant shall be so advised. To call up a case shall not be held
of itself a substantial compliance with any specific requirement of
the Commissioner of Pensions.
381. Agents and attorneys are required to conduct their business
with the office with decorum and courtesy. Papers in violation of
this requirement may, by order of the commissioner, be returned.
Flagrant violation of this rule shall be cause for disbarment.
382. Upon the rejection of a claim for pension or bounty land the
agent or attorney of record shall be notified of such rejection and the
32
ARMY AND NAVY PENSIONS.
!
reason therefor, and shall be allowed 90 days from the date of such
notice within which to file a motion for reconsideration, supported
by material evidence, or within which to enter an appeal to the
Secretary of the Interior; and, on his failure to do either he shall be
held to have abandoned the case, and the claimant may employ any
other duly qualified agent or attorney further to prosecute the claim.
383. The claimant shall have the privilege of exercising his right
at any stage of the claim to revoke a power of attorney and dis-
charge his agent upon a showing of cause deemed good and sufficient
by the commissioner.
384. The full fee payable by the bureau shall be paid on the issu-
ing of the first certificate, provided, of course, there is an allowance
sufficient for that purpose.
385. All articles of agreement in claims for pension or bounty land
that conform to the requirements of the law and regulations shall be
accepted if filed prior to the date of the issue of the certificate or of the
bounty-land warrant.
386. No articles of agreement filed under the act of July 4, 1884,
shall be recognized as valid, and no fee shall be paid thereunder, unless
the claimant's signature thereto is witnessed by two attesting wit-
nesses and acknowledged before some officer authorized to administer
oaths for general purposes whose official signature is certified under
seal.
The attorney's acceptance of such agreement must also be executed
before some officer duly authorized to administer oaths for general
purposes whose official signature is certified under seal.
387. No power of attorney or articles of agreement shall be accepted
as valid wherein the claimant's acknowledgment is taken before an
officer who is the agent or attorney named therein, or where the agent
or attorney acts as one of the attesting witnesses to claimant's
signature to such instrument.
388. A declaration, affidavit, or any paper requiring execution or
acknowledgment in connection with a claim for pension or bounty
land must be executed or acknowledged before an officer duly author-
ized to administer oaths for general purposes who is not interested in
the prosecution of the claim to which said paper pertains, and the
jurat must so show. An agent or attorney who shall file any paper
containing in the jurat a false statement that the officer before whom
such paper was executed or acknowledged is not interested in the
prosecution of the claim, or any statement equivalent thereto, when
in truth and in fact such agent or attorney has entered into a con-
tract, agreement, or understanding with such officer by virtue of
which said officer is to receive compensation or a commission from
such agent or attorney, in the event of the allowance of the claim,
may be recommended to the Secretary of the Interior for disbarment
from practice before the Bureau of Pensions.
ARMY AND NAVY PENSIONS.
33
389. Articles of agreement, to be recognized as valid by the Com-
missioner of Pensions, must be in duplicate and in the form prescribed
by order of July 8, 1884, and have printed upon the reverse: "Notice
to claimant:" "This agreement is permissible under the law, but not
compulsory," and a copy of the act of July 4, 1884.
of
Such articles of agreement are accepted as containing a power
attorney when they are not contrary to law or these regulations.
390. The following is the form of articles of agreement prescribed
by the Commissioner of Pensions and approved by the Secretary of
the Interior July 8, 1884, under the provisions of the act of Congress
approved July 4, 1884:
(To be executed in duplicate without additional cost to claimant.)
ARTICLES OF AGREEMENT.
Whereas I,
Volunteers, war of
of the United States:
late a
-
in company
- -
of the ...
Regiment of
having made application for pension under the laws
Now this agreement witnesseth, That for and in consideration of services done and
to be done in the premises, I hereby agree to allow my attorney,
of
the fee of ……….. dollars, which shall include all amounts to be paid for any
service in furtherance of said claim; and said fee shall not be demanded by or payable
to my said attorney, in whole or in part, except in case of the granting of my pension
by the Commissioner of Pensions; and then the same shall be paid to him in accord-
ance with the provisions of sections 4768 and 4769 of the Revised Statutes United
States.
(Signatures of two witnesses.)
STATE OF ..., County of
Be it known that on this, the
•
-
(Signature of claimant.)
(Post-office address.)
SS:
day of
A. D. 1...., personally appeared
the above named, who, after having had read over to
in the
hearing and presence of the two attesting witnesses, the contents of the foregoing arti-
cles of agreement, voluntarily signed and acknowledged the same to be ...... free act
and deed.
[L. S.]
(Official signature.)
A. D., 1....,
ability,
And now, to wit, this .... day of
accept the provisions
contained in the foregoing articles of agreement, and will, to the best of
endeavor faithfully to represent the interest of the claimant in the premises.
hereby certify that
have received from the claimant above named the sum of
dollars, and no more; dollars being for fee, and the sum of ... ... dollars
being for postage and other expenses. And that these agreements have been executed
in duplicate, without additional cost to the claimant, as required by law, in excess
of the fee above named, the said attorney making no charge therefor.
Witness ...... hand the year and day above written.
STATE OF ......, County of
Personally came
(Signature of attorney.)
SS:
whom I know to be the person
represents
to be, and who having signed above acceptance of agreement, acknowledged
free act and deed.
the same to be
[L. S.]
Approved for
attorney.
(Official signature.)
... dollars, and payable to
of.
the recognized
Commissioner of Pensions.
34
ARMY AND NAVY PENSIONS.
391. Where only one copy of articles of agreement is filed, attorneys
shall be allowed to file a duplicate of the same, executed by both
parties in interest at any time before the issuing of the certificate or
bounty-land warrant. When a claim for bounty land has been
allowed and the warrant issued, one approved copy of the articles of
agreement shall be forwarded to the agent or attorney of record and
the other preserved in the files of the claim. The bounty-land war-
rant shall be forwarded direct to the party entitled to the possession
thereof.
392. Articles of agreement and powers of attorney not properly
executed for any cause must be retained in the claim and the attorney
advised why same can not be accepted.
393. An agent or attorney may request and receive from a claimant
a sum not exceeding 50 cents for postage in the prosecution of any
one claim, original or increase, but compliance with such request of
the agent or attorney is optional with the claimant. Agents and
attorneys are not allowed to demand a sum for postage as a right or
to refuse to prosecute a claim where the request for postage is not
complied with.
395. Attorneys presenting questions for the consideration of the
Law Division shall submit their points, authorities, and arguments
in writing, and shall not be permitted to enter that division either
to examine cases or to make oral arguments. Communications on
such matters may be addressed to the Commissioner of Pensions
and marked "For the Law Division," and may be transmitted by
mail or left with the chief clerk.
396. Motions to reconsider rulings and decisions of the Law Divi-
sion shall not be entertained by that division unless it plainly appears
that some act of Congress, decision of the Secretary, ruling of the
commissioner, or some controlling evidence in the case was over-
looked.
397. Fee agreements which are regular in every particular except
that the blanks in the attorney's acceptance relating to advance
payment of part of the fee and of any amount for postage have not
been filled in by the attorneys shall not be wholly disregarded. The
fee should be withheld in such cases and the matter referred to the
Law Division for appropriate action.
399. Every agent, attorney, or other person recognized by the
Department of the Interior as entitled to practice before the Bureau
of Pensions shall submit to the Commissioner of Pensions copies of all
proposed advertising, matter intended to solicit business before the
Bureau of Pensions, and if the same be not disapproved by the Com-
missioner of Pensions and the agent or attorney so notified within
10 days from the date of filing the same shall be held, prima facie,
approved.
ARMY AND NAVY PENSIONS.
35
400. Advertising matter may contain clear, correct, and explicit
statements of the law, the name and address of the attorney, and the
information that he prosecutes claims for pension and bounty land.
401. The use by an agent or attorney of the characters "U. S.,'
or the words "United States," as a part of his title, or of the title of
his business, is misleading and shall not be permitted.
""
402. Where, through a mistake of fact, or fraud on the part of an
agent or attorney, a fee to which he is not entitled has been paid to
him he shall be required to refund the same on demand by the Com-
missioner of Pensions; and his failure or refusal to refund, after such
demand, shall render him liable to suspension or disbarment from
practice before, the Bureau of Pensions.
403. A State officer, charged with the duty of looking after the
interests of claimants for pension, may have information in con-
nection with a claim for pension, where designated by the claimant,
and such officer shall be advised as to calls for evidence and the final
disposition of the claim.
404. Section 190, Revised Statutes United States, provides
that-
It shall not be lawful for any person appointed after the first day of June, one
thousand eight hundred and seventy-two, as an officer, clerk, or employee in any
of the departments, to act as counsel, attorney, or agent for prosecuting any claim
against the United States which was pending in either of said departments while he
was such officer, clerk, or employee, nor in any manner, nor by any means, to aid
in the prosecution of any such claim within two years next after he shall have ceased
to be such officer, clerk, or employee.
513. TABLE OF ATTORNEY FEES ALLOWED BY LAW.
In original claims allowed under all general laws (except such acts as do not
provide for payment of a fee), (sec. 4, act July 4, 1884) a fee—
On properly executed articles of agreement, any amount contracted
for, not exceeding.
Without articles of agreement.
Act June 27, 1890 (sec. 4 of said act)..
Act Apr. 19, 1908 (sec. 2 of said act)..
Act Sept. 8, 1916...
Act May 11, 1912, on original allowance only and only in cases where such
allowance is made to a person who was not a pensioner under any law at
passage of the act, and had never received a pension prior to that date.
On properly executed articles of agreement, any amount contracted for,
not exceeding.
Without articles of agreement.
Supplemental claims allowing pension-
$25.00
10.00
10.00
10.00
10.00
25.00
10.00
For child by former marriage, if filed by new attorney..
For helpless child--
10.00
If named in original application, but new attorney presents claim....
If not so named, whether supplemental claim be filed by new or
original attorney.
10.00
10.00
For posthumous child, born after filing claim, unless expressly
exempted by mutual agreement between claimant and attorney..
10.00
36
ARMY AND NAVY PENSIONS.
•
Rerating or reissue to correct rate or date of commencement, if filed by new
attorney (11 P. D., 202).
Reduction in rate of pension, for services rendered in preventing (Secretary's
decision, Dec. 27, 1900, case of Charles Hebel, certificate No. 113168)………….
Dropping pensioner's name from roll, for services rendered in preventing
(9 P. D., 236)..
Renewal, restoration, removal of suspension, etc., "cases of difficulty and
trouble" (sec. 4, act July 4, 1884), commissioner may recognize articles of
agreement for not exceeding (8 P. D., 182)…….
Restoration-
·
Dropped for loss of title on testimony taken by a special examiner show-
ing that the disability or cause of death on account of which pension
was allowed did not originate in line of duty, and in cases of dependent
relatives whose names were dropped, on like testimony, upon the
ground of nondependence (act July 4, 1884), in claims under all gen-
eral laws (except act June 27, 1890, act Apr. 19, 1908, and such acts as
do not provide for payment of a fee)—
On properly executed articles of agreement, any amount contracted
for, not exceeding.....
Without articles of agreement.
Under act June 27, 1890...
$10.00
10.00
10.00
25.00
25.00
10.00
10.00
Under act Apr. 19, 1908.
10.00
Where dropped under sec. 4719, R. S. (4 P. D., 405).
10.00
Increase claims-
Mexican War, Jan. 5, 1893, and amendatory acts, in which fee was not
paid prior to Sept. 20, 1902 (12 P. D., 505)…….
10.00
In cases where increase is granted because of increase of the disability
for which pension was originally allowed (act Mar. 3, 1891).
2.00
514. Not payable on order of Commissioner of Pensions, but a matter
of contract between claimant and attorney, subjecting the latter to
disciplinary proceedings in the event of extortion or unreasonableness.
Accrued pensions, act Mar. 2, 1895, due deceased pensioners (rule 26, prac-
tice): Attorney may collect 10 per cent of accrued pension paid, but fee
must not exceed..
Divided pensions, act Mar. 3, 1899 (10 P. D., 403): Attorney may collect rea-
sonable fee, and in absence of abuse or misconduct on his part, justifying
disbarment, Commissioner of Pensions has no authority.
515. Cases wherein fees are denied.
By law:
Act July 4, 1884, arrears of pension allowed by Congress subsequent to
original grant..
$10.00
No fee.
Act Mar. 19, 1886, increasing rates of pension to certain widows.
No fee.
Act Aug. 5, 1892, granting pensions to Army nurses.
No fee.
Act Mar. 3, 1901, and act Feb. 28, 1903, amending sec. 4708 R. S., giving
pensionable status to certain remarried widows..
No fee.
Act Feb. 6, 1907, granting pensions to certain survivors of the Mexican
and Civil Wars.
No fee.
Act May 28, 1908, for services in introducing or securing the passage of a
private act of Congress granting a pension...
No fee.
Act May 11, 1912, if a pensioner at date of the passage of the act, or had
been a pensioner prior to its approval...
No fee.
ARMY AND NAVY PENSIONS.
37
By departmental construction or regulations:
Increase of pension by operation of law..
No fee.
Claim filed by State agent or commissioner (7 P. D., 293).
No fee.
Wherein power of attorney only is filed (4 P. D., 356; 7 P. D., 517)…………. No fee.
Wherein no service is rendered (7 P. D., 517).
No fee.
Wherein attorney transmits only order for medical examination or rea-
sons for claimant's failure to appear for such examination (9 P. D., 375),
unless in response to bureau call..
No fee.
Where guardian, as attorney, prosecutes claim of his ward, or firm of
attorneys of which guardian is a member, prosecutes such claim (rule
15, practice)...
No fee.
Where no fund accrues by reason of allowance out of which fee could be
paid (8 P. D., 139; 11 P. D., 149)..
No fee.
Reissue to include new disability, if no increase (8 P. D., 139).
No fee.
Rerating or reissue to correct rate or date of commencement, if same attor-
ney as in original claim (7 P. D., 359; 13 P. D., 75). .
No fee.
Securing new or duplicate pension certificate (8 P. D., 261).
Supplemental claims allowing pension-
No fee.
For child by former marriage if claim be filed by original attorney
(7 P. D., 47; 16 P. D., 546)…….
No fee.
For helpless child if child named as helpless in original declaration,
to original attorney (9 P. D., 117).
No fee.
Act Sept. 8, 1916, increase and renewal.
No fee.
516. Postage.
By order of May 26, 1891, attorneys may receive from and after April 22, 1891,
for postage in any one claim.
$0.50
2
TABLES OF RATES.
410. TABLE I.—For simple total (a disability equivalent to the anchylosis
of a wrist) provided by section 4695, Revised Statutes, United States.
ARMY.
Lieutenant colonel and all officers of higher rank..
Major, surgeon, and paymaster.
Captain, provost marshal, and chaplain.
Per month.
$30.00
25.00
20.00
First lieutenant, assistant surgeon, deputy provost marshal, and quartermaster. 17.00
Second lieutenant and enrolling officer..
All enlisted men..
15.00
8.00
NAVY AND MARINE CORPS.
Captain, and all officers of higher rank, commander, lieutenant commanding,
and master commanding, surgeon, paymaster, and chief engineer ranking
with commander by law, lieutenant colonel, and all of higher rank in Marine
Corps....
30.00
Lieutenant, passed assistant surgeon, surgeon, paymaster, and chief engineer
ranking with lieutenant by law, and major in Marine Corps.
25.00
Master (now lieutenant, junior grade), professor of mathematics, assistant sur-
geon, assistant paymaster, and chaplain, and captain in Marine Corps....
First lieutenant in Marine Corps...
20.00
17.00
First assistant engineer, ensign, and pilot, and second lieutenant in Marine
Corps....
15.00
Cadet midshipmen, passed midshipmen, midshipmen clerks of admirals, of
paymasters, and of officers commanding vessels, second and third assistant
engineers, master's mate, and warrant officers.
10.00
All enlisted men, except warrant officers..
8.00
38
ARMY AND NAVY PENSIONS.
39
From From
Disabilities.
July 4, Mar. 3,
411. TABLE II.-Permanent specific disabilities.
From
From
From From
From
From
From
From From From From From From From From
June 6, June 4, June 4, Feb. 28, June 17, Mar. 3, Mar. 3, Mar. 3, Aug. 4, Aug. 27, Feb. 12, Mar. 4, July 14, Jan .15, Mar. 2,
1864. 1865. 1866. 1872. 1874. 1877. 1878. 1879. 1883. 1885. 1886.
1892.
1888.
1889.
1890.
1903.
1903,
From
Apr. 8,
1904.
$25.00
20.00
25.00
Loss of both hands..
Loss of both feet.
Loss of sight of both eyes.
Loss of sight of one eye, the
sight of the other having
been lost before enlistment.
Loss of one hand and one foot.
Loss of a hand or a foot.
Loss of an arm at or above the
elbow or a leg at or above the
knee.
Loss of either a leg at the hip
joint or an arm at the shoul-
der joint, or so near as to pre-
vent the use of an artificial
limb.
Loss of leg at hip joint.
Loss of an arm at shoulder joint
Total disability in both hands.
$31.25 $50.00
$72.00
31.25
50.00
72.00
31.25
50.00
72.00
$25.00 31.25 50.00
72.00
$20.00
24.00
15.00 18.00
$36.00
$24.00
$30.00
15.00
18.00
24.00
30.00
36.00
$100.00
$100.00
$100.00
100.00
60.00
40.00
46.00
15.00
24.00
15.00 18.00 24.00
45.00
55.00
$37.50
45.00
55.00
$37.50
45.00
55.00
25.00
31.25
Total disability in both feet..
20.00 31.25
Total disability in one hand
and one foot.
20.00
24.00
Total disability in one hand or
one foot
15.00
18.00
Total disability in arm or leg..
15.00
18.00
36.00
24.00
30.00
24.00
36.00
60.00
40.00
46.00
Disability equivalent to the
loss of a hand or a foot (third
grade)
15.00 18.00
24.00
Incapacity to perform manual
labor (second grade).
20.00 24.00
30.00
Regular aid and attendance
(first grade) 1
25.00
31.25 50.00
72.00
Frequent and periodical, not
constant, aid and attendance
(intermediate grade).
Total deafness.
13.00
$30.00
$72.00
$50.00
$40.00
ני
1 $72 from June 17, 1878, only where the rate was $50, under act of June 18, 1874, and granted to date prior to June 16, 1880. First grade proper is $50, amended by act Mar. 4,
1890, which increases rate to $72.



22

40
ARMY AND NAVY PENSIONS.
412. TABLE III.-Rates fixed by the Commissioner of Pensions for
certain disabilities not specified by law.
Anchylosis of shoulder.
Anchylosis of elbow.
. Per month.
$12.00
10.00
Anchylosis of knee.
10.00
Anchylosis of ankle.
Anchylosis of wrist..
Loss of sight of one eye.
Loss of one eye.
Nearly total deafness of one ear.
Total deafness of one ear.
Slight deafness of both ears.
8.00
8.00
12.00
17.00
6.00
10.00
6.00
Severe deafness of one ear and slight of the other.
10.00
Nearly total deafness of one ear and slight of the other.
15.00
Total deafness of one ear and slight of the other.
Severe deafness of both ears..
20.00
22.00
Total deafness of one ear and severe of the other.
Deafness of both ears existing in a degree nearly total.
25.00
27.00
Loss of palm of hand, and all the fingers, the thumb remaining.
17.00
Loss of thumb, index, middle, and ring fingers....
17.00
Loss of thumb, index, and middle fingers..
16.00
Loss of thumb and index finger.
12.00
Loss of thumb and little finger...
10.00
Loss of thumb, index, and little fingers..
16.00
Loss of thumb.....
8.00
Loss of thumb and metacarpal bone...
12.00
Loss of all the fingers, thumb and palm remaining.
16.00
Loss of index, middle, and ring fingers..
16.00
Loss of middle, ring, and little fingers.
14.00
Loss of index and middle fingers..
8.00
Loss of little and middle fingers.
8.00
Loss of little and ring fingers..
6.00
Loss of ring and middle fingers..
6.00
Loss of index finger..
4.00
Loss of any other finger without complications.
2.00
Loss of all the toes of one foot……
10.00
Loss of great, second, and third toes.
8.00
Loss of great toe and metatarsal.
8.00
Loss of great and second toes..
8.00
Loss of great toe………….
Loss of any other toe and metatarsal..
Loss of any other toe....
Chopart's amputation of foot, with good results..
Pirogoff's modification of Syme's...
Small varicocele..
Well-marked varicocele.
6.00
6.00
2.00
14.00
17.00
2.00
4.00
Inguinal hernia, which passes through the external ring.
10.00
Inguinal hernia, which does not pass through the external ring.
6.00
Double inguinal hernia, each of which passes through the external ring.
Double inguinal hernia, one of which passes through the external ring and
14.00
other does not...
12.00
ARMY AND NAVY PENSIONS.
41
Per month.
Double inguinal hernia, neither of which passes through the external ring...
Femoral hernia.
$8.00
10.00
Section 4699, Revised Statutes, provides that the rate of $18 per month may be
proportionately divided for any degree of disability established for which section
4695 makes no provision.
The act of August 27, 1888, provides a $30 rate for total deafness and authorizes
the Secretary of the Interior to grant such proportion thereof in cases of partial deaf-
ness as he may deem equitable. Act January 15, 1903, increases rate for total deafness
to $40. Rates on partial degrees not affected.
The act of March 2, 1895, provides that "All pensioners now on the rolls, who are
pensioned at less than six dollars per month, for any degree of pensionable disability,
shall have their pensions increased to six dollars per month; and that, hereafter,
whenever any applicant for pension would, under existing rates, be entitled to less
than six dollars for any single disability or several combined disabilities, such pen-
sioner shall be rated at not less than six dollars per month: Provided also, That the
provisions hereof shall not be held to cover any pensionable period prior to the passage
of this act, nor authorize a rerating of any claim for any part of such period, nor pre-
vent the allowance of lower rates than six dollars per month, according to the existing
practice in the Pension Office in pending cases covering any pensionable period
prior to the passage of this act.
413. TABLE IV.- Miscellaneous rates.
INVALID.
Indian wars:
Per month.
Acts July 27, 1892, June 27, 1902, and May 30, 1908……
$8.00
Act of February 19, 1913.
20.00
Mexican War:
Act Jan. 29, 1887...
8.00
Acts Jan. 5, 1893, and Apr. 23, 1900, certain survivors.
12.00
Act Mar. 3, 1903, all survivors.
12.00
Act Feb. 6, 1907-
At 62 years.
At 70 years..
12.00
15.00
At 75 years or over..
Act of May 11, 1912.
Civil War:
20.00
30.00 -
Act June 27, 1890, in its original form, and also as amended by the
act of May 9, 1900...
Act Feb. 6, 1907-
At 62 years.
At 70 years..
6.00-12.00
12.00
15.00
20.00
At 75 years or over.
Act of May 11, 1912-see sec. 445.
Army nurses:
Act Aug. 5, 1892..
12.00
Navy service pensions:
Sec. 4756, R. S.,. for 20 years' service, one-half the pay of rating at
discharge.
Sec. 4757, R. S., for 10 years' service, not to exceed the rate for total
disability.
(See sec. 451 this book.)
Medal of Honor additional..
10.00
42
ARMY AND NAVY PENSIONS.
WIDOWS AND MINORS.
Revolutionary War:
Act Mar. 9, 1878, widows only.
Act Mar. 19, 1886, widows only...
War of 1812:
Act Mar. 9, 1878, widows only.
Act Mar. 19, 1886, widows only.
Per month.
$8.00
12.00
8.00
12.00
Act Sept. 8, 1916, if 70 years old.
20.00
Indian wars:
Acts July 27, 1892, June 27, 1902, and May 30, 1908, widows only...
8.00
Act Apr. 19, 1908, sec. 1, widows only.
12.00
Mexican War:
Act Jan. 29, 1887, widows only..
8.00
Act Apr. 19, 1908, sec. 1, widows only..
12.00
Act Sept. 8, 1916, if 70 years old..
20.00
Civil War:
Sec. 4702, R. S., widows and minors, same rates as in Table 1.
Act Mar. 19, 1886, widows and minors..
12.00
Act June 27, 1890, in its original form, and as amended by the act of
May 9, 1900...
8.00
Act Apr. 19, 1908..
12.00
20.00
Act Sept. 8, 1916, if wife during service in Civil War or 70 years old…….
From and after July 25, 1866, a widow is entitled, under the provisions of section
4703, Revised Statutes, to the sum of $2 per month additional on account of each
legitimate minor child of the deceased soldier or sailor (in her care and custody, if by
his former marriage) until such child reaches the age of 16 years. Where the widow
has died, remarried, or has no title, the minor children under 16 years of age succeed
to the widow's rights.
In claims under the act of June 27, 1890, both in its original and amended forms,
the additional pension of $2 per month is granted. In addition provision is made in
said act for the continuance of pension granted to an insane, idiotic, or otherwise
physically or mentally helpless minor child, during its life or during the period of
disability. This proviso is applicable to minors' claims under any statute.
DEPENDENT RELATIVES.
Sec. 4707, R. S., in its original form, and as amended by sec. 1, act June 27,
1890, same rates as in Table 1.
Act Mar. 19, 1886.
$12.00
414. RATES FOR OFFICERS, SECTIONS 4692 AND 4693,
REVISED
STATUTES.
Rates for officers in claims under sections 4692 and 4693, Revised Statutes, shall be
one-quarter, one-half, three-quarters, and total. Officers below the rank of first
Feutenant may receive rates in fractions of eighteen in excess of their total.
о
WI
373
not eat.
4235
(3-1580)
INFORMATION RELATING TO ARMY AND NAVY
PENSIONS AND BOUNTY-LAND WARRANTS.
REGULATIONS AND INSTRUCTIONS RELATING TO PENSION
CLAIMS.
DECLARATIONS AND EVIDENCE.
All declarations and affidavits must be executed before some officer
duly authorized to administer oaths for general purposes, in accord-
ance with the provisions of the act of Congress approved July 26,
1892, page 81.
Blank forms of declarations will be furnished to claimants upon
application therefor. They will not be furnished to agents or at-
torneys in bulk, but sample forms will be sent on request.
A claimant may prosecute his claim by attorney or in person, and
if he prosecute it in person it will receive the same consideration by
the Bureau of Pensions as it would receive if prosecuted by an at-
torney.
PENSIONS TO SURVIVORS OF WARS PRIOR TO 1861, AND TO THEIR WIDOWS.
1. War of the Revolution, service pensions.-(a) Widows of
soldiers who served for 14 days or more, or were in battle during
the war, are entitled, provided they have not remarried, to $8 per
month from March 9, 1878, and $12 per month from March 19, 1886.
(b) The widow of a Revolutionary soldier who, in his lifetime, was
granted a pension, is entitled, under section 4743, Revised Statutes,
to pension at the same rate as was paid the husband, notwithstanding
remarriage, upon proof of present widowhood. (c) There is no law
granting pension to the daughters or other descendants of soldiers
31718°-12-1
2
of the Revolution. The daughters of Revolutionary soldiers now
drawing pensions were placed on the pension roll by special acts of
Congress.
2. War of 1812, service pensions.-(a) Under the act of March
9, 1878, soldiers and sailors who served 14 days or more, or were in
any engagement, during this war, and were honorably discharged,
and the widows of such soldiers and sailors, irrespective of the date
of marriage, are entitled to $8 per month from March 9, 1878. Under
the act of March 19, 1886, widow pensioners mentioned in this para-
graph are entitled to $12 per month from that date. (b) There is
no law granting service pensions to the descendents of soldiers or
sailors of the War of 1812.
3. Indian wars from 1832 to 1842, service pensions.—(a) The act
of July 27, 1892, provides pensions for the surviving officers and
enlisted men, including marines, militia, and volunteers, who were
in the military or naval service of the United States for 30 days in
the Black Hawk War, the Creek War, the Cherokee disturbances, or
the Florida War with the Seminole Indians, and were honorably
discharged; or who were personally named in any resolution of Con-
gress for specific services therein; and for their widows, provided
they have not remarried. Claimants under this act must be actual
and bona fide residents of the United States at the date of making
application. All pensions under this act are fixed at $8 per month,
irrespective of rank, are not subject to increase for any cause,¹ and
are payable from July 27, 1892; the pension of a widow whose
husband was living on that date commences from the day of his death.
Indian wars from 1817 to 1858.-The provisions of the foregoing
act of July 27, 1892, were extended by the act of June 27, 1902, from
the date of its passage, to the surviving officers and enlisted men, in-
cluding marines, militia, and volunteers of the military and naval
service of the United States who served for 30 days or more and were
honorably discharged under the United States military, State, Terri-
torial, or provisional authorities in certain specified Indian wars
occurring from 1817 to 1858. This act also made provision for the
surviving widows, who have not remarried, of such officers and men.
In establishing these claims a record of pay by the United States is
accepted to prove record of enlistment and service.
Indian wars, etc., from 1855 to 1860.-The provisions of the fore-
going act of July 27, 1892, were extended by the act of May 30, 1908,
to the surviving officers and enlisted men of the Texas volunteers who
served in the defense of the frontier of that State against Mexican
marauders and Indian depredations from the year 1855 to the year
1 Sec. 1, act Apr. 19, 1908, establishes a minimum rate of $12 per month for all pensions
granted to widows. After that date the rate allowable to the widows of officers and en-
listed men who served in the Indian wars is increased from $8 to $12 per month.
3
1860, inclusive, and to the surviving widows, who have not remarried,
of such officers and men. In establishing these claims, where there
is no record of enlistment or muster into the service of the United
States, the fact of reimbursement to the State of Texas by the United
States, as evidenced by the muster rolls and vouchers on file in the
War Department, shall be accepted as full and satisfactory proof of
such enlistment and service.
4. Mexican War, service pensions.-(a) Under the act of January
29, 1887, officers and enlisted men who were in the military or naval
service of the United States for 60 days in the Mexican War, or on
the coasts or frontier thereof, or en route thereto, or who were in a
battle and were honorably discharged, or who were personally named
in any resolution of Congress for specific services therein, are entitled
to pension if 62 years of age; or, if not, upon proof of pensionable
disability or dependence, but disability incurred while voluntarily
aiding or abetting the late rebellion does not give title to pension.
(b) Widows of officers and enlisted men who served as above are en-
titled to pension upon the same conditions as to age or dependence as
apply to officers and enlisted men. (c) Pensions under this act com-
mence on January 29, 1887, if a pensionable condition existed at that
date, in survivors' claims, by reason of age, dependence, or disability,
and in widows' claims, by reason of age or dependence; if not, then on
the date the applicant becomes 62 years of age, or dependent, or dis-
abled within the meaning of the law. (d) The rate of pension to
survivors is $8 per month, irrespective of rank. This rate for sur-
vivors was increased by the act of January 5, 1893, to $12 per month,
but its benefits were limited to those who were pensioners on January
5, 1893. To secure this increase the act requires that a pensioner
must show that he is wholly disabled for manual labor and in such
destitute circumstances that $8 per month is a sum insufficient to pro-
vide him with the necessaries of life. The act of April 23, 1900, re-
moved the limitation imposed in the act of January 5, 1893. The act
of March 3, 1903, pensions all survivors of the Mexican War at $12
per month, irrespective of the conditions named in the act of January
5, 1893, and the act of April 23, 1900. (e) The pension to a widow
under this act is $8 per month, and is not subject to increase.' (f)
Descendants of deceased Mexican soldiers are not entitled to service
pension.
Act of February 6, 1907.—Under this act any person who served 60
days in the War with Mexico in the military or naval service of the
United States and has been honorably discharged therefrom, and who
has reached the age of 62 years or over, is entitled to a pension at the
1 Sec. 1, act Apr. 19, 1908, establishes a minimum rate of $12 per month for all pen-
sions granted to widows. After that date the rate allowable to the widows of officers and
enlisted men who served in the Mexican War is increased from $8 to $12 per month.
4
following rates, irrespective of rank: At 62 years, $12 per month;
at 70 years, $15 per month; and at 75 years or over, $20 per month.
Pension commences from the date of filing claim in the Bureau
of Pensions subsequent to February 6, 1907, after attaining the speci-
fied age.
5. Pensions for disability or death due to service prior to March 4,
1861.—(a) Soldiers who were wounded or injured, or who contracted
disease in the line of duty, are entitled to pension corresponding in
rate to the degree of the disability incurred in the service. Persons
who rendered naval service are entitled to a like pension, under the
same conditions, excepting that no pension may be granted to an en-
gineer, fireman, or coalheaver for disability incurred prior to August
31, 1842. (b) The widows, or children under 16 years of age, of
soldiers who served prior to March 4, 1861, are entitled to pension, if
the soldier's death was due to causes originating in time of actual
war, and not otherwise. Widows, or children under 16, of sailors who
served prior to March 4, 1861, are entitled to pension only when the
death of the sailor occurred in the service and in the line of duty.
(c) Pensions mentioned in this paragraph, if not applied for within
three years from the discharge or death of the person on whose ac-
count the right to pension exists, or within three years of the termina-
tion of a pension previously granted on account of the service and
death of such person, commence from the date of filing, by the per-
son prosecuting the claim, of the last paper necessary to establish it.
(d) The rate of pension allowed to one whose pensionable rights
accrued prior to March 4, 1861, is subject to variation, after July 25,
1866, in accordance with the laws passed since March 4, 1861. (e)
There is no provision of law granting pensions to the parents,
brothers, or sisters of persons who rendered military or naval service
prior to March 4, 1861.
PENSIONS TO INVALIDS SINCE MARCH 4, 1861.
Sections 4692 and 4693, Revised Statutes.-The declaration should
set forth the company and regiment in which the applicant served,
the name of the commanding officer of the company or organization,
and the dates of enlistment and discharge, with personal description
at enlistment. In Navy cases, the vessels on which claimant served
should be stated. If the claim is made on account of a wound or
injury, the declaration should set forth the nature and locality of
the wound or injury, the time when, the place where, and the circum-
stances under which it was received, and the duty upon which the
applicant was engaged.
If the wound or injury was accidental, the applicant should state
whether it happened through his own agency, or that of other per-
sons, and he should detail minutely the circumstances under which it
was received.
5
If the claim is made on account of disability from disease, the
applicant should state in said declaration when the disease first ap-
peared, the place where he was when it appeared, and the duty upon
which he was engaged at the time. He should also detail the circum-
stances of exposure, and the causes which, in his opinion, produced
the disease. Whether the application be made on account of dis-
ability from wound, injury, or disease, the claimant should state the
names, addresses, and localities of all hospitals in which he received.
medical or surgical treatment, giving the dates of his admission
thereto, as correctly as he may be able.
The applicant should state whether he was in the military or naval
service prior to, or after, the term of service in which his disability
originated.
The applicant should state his post-office address, including street
and number, or rural free delivery route, if any.
The identity of the applicant must be shown by the testimony of
two competent, credible witnesses, who must appear with him be-
fore the officer whose jurat is attached to the declaration.
EVIDENCE REQUIRED IN A CLAIM FOR INVALID PENSION.
As soon as practicable after the receipt of an application for pen-
sion a call will be made by the Bureau of Pensions, in Army cases,
upon the Adjutant General, United States Army, for the full military
and medical history of the applicant, as shown by the records of the
War Department. In Navy cases, calls for such evidence will be
made upon the proper bureaus of the Navy Department.
•
When the records of the War or Navy Departments do not furnish
satisfactory evidence that the disability on account of which the
claim is made originated in the service of the United States, and in
the line of duty, the claimant will be required to furnish such evi-
dence, in accordance with the instructions hereinafter given, and
compliance with such requirement must be full and definite. If the
disability resulted from a wound or injury, the nature and location
of the wound or injury, the time when, the place where, and the
manner in which it was received, whether in battle or otherwise,
should be shown by the evidence of someone who was a commissioned.
officer and had personal knowledge of the facts.
If the person called upon to give evidence is still in the service
as a commissioned officer, his certificate will be accepted in lieu of
his affidavit. If there is no record of the disability claimed, the
applicant will be called upon to furnish the testimony of the surgeon
by whom he was treated, showing the location and nature of the
wound or injury, and the circumstances under which it was received.
If the disability arose from disease, the testimony of the person who
was surgeon or assistant surgeon of the regiment to which the appli-
6
cant belonged, or of the vessel on which he served, should be fur-
nished, if possible, showing the name or nature of the disease, the
time when, the place where, it was contracted, and the circumstances
of exposure to the causes which, in his opinion, produced the same.
The surgeon should state whether, in his opinion, the habits of the
applicant were contributory to the origin or development of the
disease.
In any claim, whether based on wound, injury, or disease, if it
be shown that the testimony of a surgeon, assistant surgeon, or other
commissioned officer, can not be produced as evidence of the origin
of the disability alleged, the testimony of other persons having
personal knowledge of the facts will be considered.
In a claim on account of disability from disease, the applicant
must furnish the testimony of physicians who have attended him
since the date of discharge, explicitly setting forth the history of
the disease and the disability since its first appearance. It is espe-
cially important that the physician who first attended the applicant
after his discharge state the date at which the attendance commenced
and the condition found at the time. If it should not be possible for
the applicant to show the condition of his health during the whole
period since the date of his discharge by the testimony of physicians,
the cause of his inability to do so should be stated by him, under oath.
The testimony of other persons on this point may then be presented.
Statements of witnesses in regard to the manner in which the appli-
cant was affected should be full and definite, and should show how
such witnesses obtained a knowledge of the facts to which they
testify.
Act of June 27, 1890, as amended by act of May 9, 1900.-Any
officer, soldier, sailor, or marine who served 90 days or more in the
military or naval service of the United States during the late War
of the Rebellion, who has been honorably discharged therefrom, and
who is suffering from disability of a permanent character, not the
result of his own vicious habits, which incapacitates him from the
performance of manual labor in such a degree as to render him.
unable to earn a support, is entitled to a pension under this act of
not less than $6 nor more than $12 per month.
The act of May 9, 1900, amending the act of June 27, 1890, pro-
vides that, in determining inability to earn a support, each and every
infirmity shall be considered, and the aggregate of the disabilities
shown be rated. These acts require an honorable discharge from
each and every term of service rendered during the War of the Rebel-
lion. A modification of this requirement has resulted, by reason of
the provisions of section 2 of the joint resolution of July 1, 1902,
as amended by the joint resolution of June 28, 1906. As the law
now stands the honorable discharge of any soldier or sailor from
7
any subsequent contract of service entered into by him during the
late War of the Rebellion is regarded as an honorable discharge from
all previous contracts of service previously entered into by him with
the United States during the said war, if the service under such sub-
sequent contract was for not less than six months, and was faithful,
and if he had not received by reason of the subsequent service any
bounty or gratuity, other than from the United States, in excess of
that to which he would have been entitled if he had continued to
serve faithfully until honorably discharged under any contract of
service previously entered into by him during the War of the Re-
bellion. The limitation of section 4716, Revised Statutes, operated
against claimants under these acts until July 1, 1902, the date of the
passage of the joint resolution above referred to, the first section
of which removed the limitation as to disloyalty, except as to those
who enlisted in the Army or Navy of the United States after January
1, 1865.
Act of February 6, 1907.-By the terms of this act any person who
served 90 days or more in the military or naval service of the United
States during the late Civil War, and who has been honorably dis-
charged therefrom, is entitled to a pension at the following rates,
irrespective of rank: At 62 years of age, $12 per month; 70 years
of age, $15 per month; 75 years or over, $20 per month. Pension
commences from the date of filing claim in the Bureau of Pensions,
subsequent to February 6, 1907, after attaining the specified age.
The bases of title under this act, except as herein otherwise stated,
are the same as under the act of June 27, 1890, as amended by the
act of May 9, 1900.
Claims for increase of invalid pensions.—The pensioner who may
deem himself entitled to an increase of pension should file a declara-
tion setting forth the grounds upon which he bases his claim for
increase. Upon the receipt of a declaration the claimant will be
advised of the evidence necessary to complete his claim, and, if it is
warranted, a medical examination will be ordered.
An order for medical examination will not issue where the claimant
is in receipt of the maximum rate, under the law and the rulings of
the department, for the pensioned disability, such as "loss of sight
of one eye," "total deafness of one ear," "hernia," "loss of limb,"
or any other specific or minor specific disability, for which the rate
is fixed by law or departmental rulings, and where no complications
are shown. Claimant will be notified that he is receiving the maxi-
mum rate of pension for the pensioned disability.
Claims for renewal of pension.-Application for renewal of pen-
sion must be made by a declaration executed as in original claims,
setting forth that the cause for which pension was granted still
continues.
8
In cases of unclaimed pensions (sec. 4719, R. S.) there must be
filed evidence specifically accounting for the failure to claim the
pension, and, in the case of invalids, medical evidence showing the
continuance of the disability on account of which pension was
allowed.
NAVY SERVICE PENSIONS.
Under sections 4756 and 4757, Revised Statutes, pensions for 20
years' service and for 10 years' service, respectively, are allowed by
the Secretary of the Navy to enlisted men and appointed petty officers
who have not been discharged for misconduct. Pension commences
from the date of filing the claim therefor in the Navy Department;
and for 20 years' service amounts to one-half the monthly pay of
the applicant's rating at his discharge; for 10 years' service the pen-
sion can not exceed the rate for total disability and is fixed, as is
also its duration, by the Navy Department. An application for pen-
sion under the sections referred to should be made to the Secretary of
the Navy, and all subsequent communications should be addressed to
the Chief of the Bureau of Navigation, Navy Department, Washing-
ton, D. C.
PENSIONS TO WIDOWS SINCE MARCH 4, 1861.
Sections 4702 and 4703, Revised Statutes.-To obtain title to pen-
sion under these sections it must be shown that the soldier or sailor died
of a disability contracted in the service and in the line of duty. The
date, place, and cause of death of the soldier or sailor through whom
the pension is claimed should be shown by a verified transcript of
the public record. When the public record is indefinite as to the
cause of death, and when it is necessary to show the pathological con-
nection between the death-cause as shown in the record and the dis-
ability as proven of service origin, the testimony of the attending
physician should be filed, giving a full history of the soldier's fatal
illness and the mode and manner of death, but when this is impos-
sible the testimony of other persons who are acquainted with the cir-
cumstances may be furnished.
Proof of marriage. The marriage of the applicant to the person
on account of whose service and death the claim is made should be
shown-
(1) By a duly verified copy of a public or church record; or
(2) By the affidavit of the clergyman or magistrate who officiated; or
(3) By the testimony of two or more eyewitnesses to the cere-
mony; or
(4) By a duly verified copy of the church record of baptism of the
children; or
(5) By the testimony of two or more witnesses who know that the
parties lived together as husband and wife, and were recognized as
9
such, and who shall state how long, within their knowledge, such
cohabitation continued.
Section 4705, Revised Statutes, provides that in the claims of the
widows and children of colored and Indian soldiers and sailors there
need be no other evidence of marriage than satisfactory proof that
the parties were joined in marriage by some ceremony deemed by
them obligatory, or habitually recognized each other as man and wife,
and were so recognized by their neighbors, and lived together as such
up to the date of enlistment, when such soldier or sailor died in the
service, or, if otherwise, to the date of his death.
Proof of dates of birth of children.—The dates of birth of children
should be proved—
(1) By a duly verified copy of the public record of births, or the
church record of baptism; or
(2) By the affidavit of the physician who attended the mother; or
(3) By the testimony of persons who were present at the births,
who should state how they are now able to fix the precise dates.
If
any child of the person on whose account the claim is made died
after the date at which the widow's pension would commence, the date
of death must be shown.
Act of June 27, 1890, as amended by act of May 9, 1900.-Pensions
under these acts are granted to widows upon proof—
(1) That the soldier or sailor served at least 90 days during the
War of the Rebellion.
(2) That he was honorably discharged.
(3) That he is dead, but his death need not have been the result
of his Army or Navy service. Under the act of March 13, 1896, the
death of the soldier or sailor may be presumed.
(4) That the widow is without means of support other than her
daily labor and an actual net income not exceeding $250 per annum.
(5) That she married the soldier or sailor prior to June 27, 1890.
Act of April 19, 1908.—Pensions under this act are granted to
widows upon proof-
(1) That the soldier or sailor served at least 90 days during the
Civil War.
(2) That he was honorably discharged.
(3) That he is dead, but his death need not have been the result
of his Army or Navy service. Under the act of March 13, 1896, his
death may be presumed.
(4) That she was married to the soldier or sailor prior to June
27, 1890.
PENSIONS TO MINORS SINCE MARCH 4, 1861.
Sections 4702 and 4703, Revised Statutes.-To obtain title to pen-
sion under these sections it must be shown that the father of the
31718°—12————2
10
1
minor children died of a disability contracted in the service and in
the line of duty; and, in addition, proof must be furnished as
follows:
(1) The cause and date of the father's death, the marriage of the
parents, and the dates of birth of the children, must be established.
When, however, satisfactory proof upon these points has been fur-
nished in the claim of the widow, it will not again be required in the
claim on behalf of the minors.
(2) If the mother of the children is dead, the date of her death
must be proved. If she remarried, her remarriage must be shown
in the same manner that her marriage to the father of the children is
required to be established. If the claim is based on the fact that
the widow has abandoned the care of the children, or that she is an
unsuitable person, by reason of immoral conduct, to have the custody
of them, and such fact be duly certified under seal, by any court
having probate jurisdiction, the children are given a pensionable
status by section 4706, Revised Statutes, to the exclusion of the
widow, until they severally attain the age of 16 years, to commence
from the date of last payment to the widow, if she be a pensioner,
and if not, from the date on which her pensionable rights accrued.
(3) If the mother of the children died before the father, it must
be shown whether he again married.
(4) It must be shown whether the father left any other pension-
able child than the minors for whose benefit the claim is made, and,
if so, why such child was not mentioned in the application. A guar-
dian is not entitled on account of a child that died prior to the
date of the application for pension.
Act of June 27, 1890, as amended by act of May 9, 1900.-Minor
children have title under these acts upon the death or remarriage
of the widow of the soldier or sailor. Where, however, the widow
was married to the soldier or sailor subsequent to June 27, 1890,
and his death-cause did not originate in the service and in the line of
duty; or where she has forfeited her title to pension by open and
notorious adulterous cohabitation, the minor takes title, even though
the widow be alive and unmarried.
PENSIONS TO HELPLESS CHILDREN.
The first proviso of the third section of the act of June 27, 1890,
as amended by the act of May 9, 1900, continues the pension of a
minor child who is insane, idiotic, or otherwise physically or men-
tally helpless, after it becomes 16 years of age, during the life of
1 A minor having no guardian may make and prosecute a claim in person or by next
friend, but, if the claim is allowed, payment of pension will be made to a duly appointed
guardian only. If, however, the claim is filed by one who alleges that he is the legal
guardian, his authority must be shown by a duly certified copy of his letters of guardian-
ship,
11
said child, or during the period of such disability. The benefits.
of this proviso are extended to all pensions granted before June
27, 1890, or thereafter granted, under any statute. The pension
allowed by the proviso commences from the date of the filing of
the application therefor in the Bureau of Pensions. In order to
obtain title, the helplessness of the child must have originated prior
to attaining the age of 16 years, and have continued thereafter.
PENSIONS TO DEPENDENT RELATIVES.
Section 4707, Revised Statutes.-To obtain title to pension under
this statute, it must be shown that the soldier or sailor died of a
disability contracted in the service and in line of duty.
Dependent mothers.-A mother must show her relationship, the
date and cause of the son's death, whether he left a widow or minor
children surviving, and her dependence upon him for support at
the time of his death.
In proof of dependence, it must be shown that previous to the
date of the said son's decease, her husband had died, or that he
had permanently abandoned her, or that, on account of disability
from injury or disease, he was unable to support her. If the hus-
band is dead, the date of his death must be proved. If he abandoned
the support of his family, the date of the abandonment, and all the
facts of the case, showing whether he ever returned, or ever after-
wards contributed to the support of the claimant, must be fully set
forth. If he was disabled, the nature and cause of the disability,
when, and to what extent, it rendered him unable to support the
claimant, must be shown by the testimony of his physician. The
extent of his disability during the period from the son's death to
the present time should also be shown.
The value of the property of the claimant and her husband, the
income derived therefrom, and the other means of support possessed
by her, while she was receiving the contributions of the son on account
of whose service and death pension is claimed, and from that time
to the present, should be shown by the testimony of credible and
disinterested witnesses, who must state how they know the facts.
The value of property assessed for taxation may be shown by the
testimony of the officer having custody of the records relative thereto,
who should also state the ratio of the assessed to the actual or cash.
value of such property.
It must be shown to what extent, for what period, and in what
manner, her said son contributed to her support, by the testimony
of persons for whom the son labored, to whom he paid rent, of
whom he purchased groceries, fuel, clothing, or other necessary
articles for the mother's use, or of those who otherwise had a knowl-
12
edge of the contributions of the son, and who must state how they
obtained such knowledge. Any letter from the son, bearing upon
the question of support, should be filed. If the son, in any other
manner than by actual contributions, acknowledged his obligation
to support his mother, or was, by law, bound to such support, the
facts should be shown.
Dependent fathers.-A father claiming a pension on account of
the death of a legitimate son, upon whom he was dependent for sup-
port, must prove-
(1) The cause of his son's death;
That said son left no widow or minor child surviving;
The cause and extent of claimant's disability during the period in
which the son contributed to his support, and from that time to the
present;
The amount of his property, and all other means of support pos-
sessed by him during that period, and the extent of his dependence
upon his son for support.
The facts of the case, in each respect, should be shown by such
testimony, as is required in the claim of a mother.
(2) The date of the claimant's marriage to the mother of the
soldier or sailor, the date of birth of the son, and the date of the
death of said mother, must be proved.
In case the mother applied for pension, reference should be made
to her application, and the number of the same, or of her certificate,
should be given. Evidence upon any point established in a mother's
claim will not again be required.
Minor brothers and sisters.—In a claim on behalf of minor brothers
and sisters, there must be proved—
The cause and date of death of the brother on whose account the
claim is made;
His celibacy;
The dates of death of the mother and father, or death of the father
and remarriage of the mother;
The dates of birth of the claimant and other dependents upon the
brother for support.
If the mother or father applied for pension, the number of his or
her application, or of his or her certificate, should be given.
Evidence upon any point established in the claim of the mother
or the father will not again be required.
In the administration of the pension laws no distinction is made
between brothers and sisters of the half-blood and those of the whole
blood.1
1 A minor having no guardian may make and prosecute the claim in person or by next
friend; but if the claim is allowed, payment of pension will be made to a duly appointed
guardian only. If, however, the claim is filed by one who alleges that he is the legal
guardian, his authority must be shown by a duly certified copy of his letters of guar-
dianship.
13
Act of June 27, 1890 (construed as amending sec. 4707, R. S., as to
dependent parents).—The same evidence is required in claims under
this act as under section 4707, Revised Statutes, in its original form,
except as to contributions by the soldier or sailor, and as to date of
dependence, which is removed from the date of the soldier's or sailor's
death to the date of the filing of the application for pension under
this law.
The rate of pension under section 4707, Revised Statutes, in its
original form, and under section 1 of the act of June 27, 1890, is
governed by the rank of the soldier or sailor on account of whose
service and death pension may be claimed.
If the claim is prosecuted under section 4707, Revised Statutes, the
attorney's fee may be $25; if prosecuted under section 1 of the act
of June 27, 1890, the fee is $10.
CLAIMS FOR RENEWAL AND RESTORATION.
Application for renewal of pension (sec. 4719, R. S.) must be sub-
mitted to the Commissioner of Pensions by a declaration executed
as in an original claim, setting forth fully the reasons for failure to
draw pension, accompanied by evidence satisfactorily accounting for
such failure.
The act of March 3, 1901, amending section 4708, Revised Statutes,
and the act of February 28, 1903, amendatory of said act of 1901,
provide for restoration of pension to certain remarried widows on
renewed widowhood. The applicant under these acts must show that
she was the wife of the officer, soldier, or sailor during the period of
his service in any war; that her name was dropped from the roll by
reason of her marriage to another person, who has since died, or from
whom she has been divorced upon her application, and without fault
on her part; and that she is without other means of support than her
daily labor and a net income not exceeding $250 per annum. The
fact that the widow was originally barred from pension by the terms
of the act of March 3, 1865, by reason of her remarriage, does not
deprive her of title to restoration under the act of February 28, 1903.
PENSIONS TO ARMY NURSES.
Act of August 5, 1892.-By this act all women employed by the
Surgeon General of the Army as nurses during the late War of the
Rebellion, for a period of six months or more, and who were honor-
ably relieved from such service, are entitled to a pension, provided
they are unable to earn a support. Applications for pension under
this act should be made in the form prescribed by the Commissioner
of Pensions.
14
DIVISION OF PENSION.
Act of March 3, 1899.-Applications for division of pension under
this act will be adjudicated in accordance with the following rules:
RULE 1. All claimants under the act of March 3, 1899, will be
required to file with their declarations proof in support thereof
sufficient to establish a prima facie case under the law.
RULE 2. Where the claim is filed by the wife, alleging that the
pensioner has deserted her for a period of over six months sub-
sequent to March 3, 1899, and prior to the filing of the declara-
tion, the declaration must be accompanied by evidence show-
ing that she is the wife of the pensioner; that the pensioner
has deserted her for the period alleged in the declaration, and
that she is a woman of good moral character and in necessitous
circumstances.
RULE 3. Where the claim is filed by the wife, alleging that the
pensioner is an inmate of a State Soldiers' or Sailors' Home, or a
National Soldiers' Home, the declaration must be accompanied
by evidence showing that the claimant is the wife of the pen-
sioner and that she is a woman of good moral character and in
necessitous circumstances.
RULE 4. Where the claim is filed by or on behalf of the minor
child or children, under sixteen years of age, of a pensioner,
alleging that pensioner has deserted said child or children, the
declaration must be accompanied by evidence showing the mar-
riage of the parents; the date of birth of each child; death or
divorce of the mother of the minor child or children, or that she
has no title under the said act; that the pensioner has deserted
such child or children for the period alleged; and, in the event
of the death or divorce of the mother of the minor child or chil-
dren, that the pensioner had not remarried prior to the statutory
date of desertion, or that his present wife has no title under
said act.
RULE 5. Where the claim is filed by or on behalf of the minor
child or children, under sixteen years of age, of the pensioner,
alleging that the pensioner is an inmate of a State Soldiers' or
Sailors' Home or a National Soldiers' Home, the declaration must
be accompanied by evidence showing the marriage of the parents;
date of the birth of each child; the death or divorce of the mother
of the minor child or children; or that she has no title under the
act of March 3, 1899; and, in the event of the death or divorce of
the mother of said minor child or children, that the pensioner
had not remarried prior to the statutory date of entrance into
the Home, or that his present wife has no title under said act.
RULE 6. Where the claim is filed by or on behalf of a per-
manently helpless and dependent child of a pensioner, alleging
15
that pensioner has deserted such child, the declaration must be
accompanied by evidence showing the marriage of the parents;
the date of birth of the child; the death or divorce of the mother
of the child, or that she has no title under the said act; that the
pensioner has deserted such child for the period alleged; that
the child is permanently helpless and dependent; and in the
event of the death or divorce of the mother of such child, that
the pensioner had not remarried prior to the statutory date of
desertion, or that his present wife has no title under said act.
RULE 7. Where the claim is filed by or on behalf of a per-
manently helpless and dependent child of a pensioner, alleging
that pensioner is an inmate of a State Soldiers' or Sailors' Home
or a National Soldiers' Home, the declaration must be accom-
panied by evidence showing the marriage of the parents; the date.
of birth of the child; the death or divorce of the mother of such
child; or that she has no title under the act of March 3, 1899;
that such child is permanently helpless and dependent; and in
the event of the death or divorce of the mother of said child
that the pensioner had not remarried prior to the statutory date
of entrance into the Home, or that his present wife has no title
under said act.
RULE 8. A declaration, unaccompanied by evidence as indicated
herein sufficient to establish a prima facie case, will not be con-
sidered as conferring any right upon the claimant, or as serving
notice upon the Bureau sufficient to warrant the suspension or
the withholding of any part of the pension due or owing to the
pensioner. Upon the receipt of a declaration, unaccompanied
by evidence as indicated herein, it should be promptly returned
to the claimant with a notification that until the application
is perfected in accordance therewith it can not be considered.
RULE 9. Upon the filing by the wife, minor child or children,
or permanently helpless and dependent child of a pensioner, of
a declaration accompanied by sufficient evidence to show a prima
facie case under the act of March 3, 1899, the United States pen-
sion agent will at once be instructed to suspend payment of one-
half of the unpaid pension due the pensioner for the period from
the date of statutory desertion, or his entrance into a State or
National Soldiers' Home, and to withhold from him one-half of
the pension due and payable to him for the period from the date
of the filing of the declaration, and during the pendency of the
claim under the act cited.
The United States pension agent, upon the receipt of a notice
from the Commissioner of Pensions to suspend payment of one-
half the pension of the pensioner, will make a record entry
thereof, and promptly acknowledge receipt of said notice of sus-
16
pension, and thereafter he will make no payment of the one-half
suspended portion of the pension to any person until further
directed by the Commissioner of Pensions.
In case the pensioner is an inmate of a National Soldiers'
Home, the treasurer of said Home will, on the same date of the
notice of suspension to the United States pension agent, be duly
advised, through the Governor of said Home, of said notice of
suspension. If, on the date of receipt of said notice by the treas-
urer of the Home, he shall be in possession of any unexpended
pension money drawn in pensioner's behalf, or to which the pen-
sioner became entitled during his residence in said Home subse-
quent to March 3, 1899, the treasurer shall withhold and retain.
in his possession one-half of said unexpended pension money,
subject to the future order of the Commissioner of Pensions.
RULE 10. The filing of an application by a claimant under the
act of March 3, 1899, like an appeal by claimant or pensioner,
shall serve the same purpose as a writ of supersedeas, or other
similar writ, and shall stay further Bureau proceedings, so far
as they involve further payment of the one-half of the pension
in controversy, pending the adjudication of the claim by the
Commissioner of Pensions.
RULE 11. In all cases filed under the act of March 3, 1899,
and allowed, the claimant is entitled to one-half of so much of
the unpaid pension as is due or owing to the pensioner at the
date of the filing of the declaration, and covering the period from
the date of the statutory desertion, subsequent to the passage of
the act of March 3, 1899, or covering the period from the entrance
of the pensioner into a State Soldiers' or Sailors' Home or a Na-
tional Soldiers' Home subsequent to the passage of the act of
March 3, 1899. In cases of desertion, where the desertion oc-
curred prior to the passage of the act of March 3, 1899, the date
of statutory desertion will be accepted as March 4, 1899. In cases
where the desertion occurred subsequent to March 3, 1899 (the
date of the passage of the act), the date of the actual desertion
will be accepted as the date of the commencement of the statutory
desertion. No right can accrue to a wife-claimant until the pen-
sioner has been in actual desertion for a period of over six
months prior to the execution of her declaration, and no right
of application by a wife, under the act, can accrue on account of
desertion, until six months have expired from the date of such
desertion.
RULE 12. In cases filed under the act of March 3, 1899, where
the pensioner is an inmate of a State Soldiers' or Sailors' Home
or a National Soldiers' Home, the actual date of entrance into the
Home subsequent to March 3, 1899, will govern. If at the date
17
of the passage of the act the pensioner was an inmate of a State
Soldiers' or Sailors' Home or a National Soldiers' Home March 4,
1899, will be considered as the statutory date of the pensioner's
entrance into the Soldiers' Home, and payment, if the claim is
allowed, shall be one-half of so much of the pension as remained
unpaid and due and owing to the pensioner at the date of the
filing of the declaration.
RULE 13. Where an increase of pension is allowed a pensioner
subsequent to the allowance of a claim under the act of March 3,
1899, the beneficiary shall be entitled to one-half of only so
much of the pension as is due the pensioner, covering the period
subsequent to the statutory desertion established in the claim, or
subsequent to the date of the entrance of the pensioner into the
Soldiers' Home subsequent to the passage of the act of March 3,
1899.
RULE 14. As promptness in the adjudication of claims filed
under the act of March 3, 1899, is imperative, to avoid vexatious
charges against one or the other, both the claimant and the pen-
sioner will be required to answer calls made for evidence
promptly.
RULE 15. Where a prima facie case under the act of March 3,
1899, has been filed the pensioner will receive the usual notice of
the filing of the claim, and will be allowed thirty days, as herein
provided, from the receipt of said notice, to answer the allega-
tions made therein. Where the pensioner has made answer, and
in rebuttal filed evidence, the claimant will be allowed thirty
days from the receipt of a notice of such evidence to answer same
and complete the claim in accordance with the terms of the act
of March 3, 1899. Should the claimant fail to complete the
claim, or fail to give a satisfactory reason for so doing, the case
should be rejected, on the ground that claimant has failed to
establish title within the meaning of the act of March 3, 1899.
RULE 16. Where the pensioner receives the usual thirty-day
notice of the filing of the claim under the act of March 3, 1899,
and fails to make answer within thirty days from the receipt
thereof, he will be considered as waiving his right of answer, and
the registry return receipt card, or other evidence, showing his
receipt thereof, will be considered as proof of service upon him of
notice of the filing of the claim and his waiver of answer thereto.
RULE 17. Upon the adjudication of a claim under the act of
March 3, 1899, the Bureau will promptly notify both parties of
the action taken, by registered letter, informing both that thirty
days from the receipt of said notice will be allowed for the pur-
pose of appealing from the decision of the Bureau, and there shall
be inclosed, to both claimant and pensioner, a copy of Rules of
31718°-12-3
18
Practice in Appealed Claims. No payment will be made until
the expiration of said thirty days, unless the right of appeal
shall be sooner waived: Provided, however, That the unexplained
failure of a pensioner to appear, answer, or in any way plead to
the claimant's application, after due notice thereof, shall be
deemed a waiver of his right of appeal to the extent that, if the
claim is allowed, final orders for division of pension shall issue
at once.
RULE 18. Upon the filing of an appeal, in accordance with the
rules of the Department, payment will be still suspended, pend-
ing the decision of the Department upon the appeal, as required
by Rule 13 of Rules of Practice in Appealed Claims.
RULE 19. If no appeal is filed within thirty days from the date
as shown by the registry return receipt card, payment will be
made in all cases allowed, and suspension of payment will be
removed in all cases rejected, and the full amount of pension
restored to the pensioner in the last-named cases.
RULE 20. Any and all payments of one-half the pension to
any of the beneficiaries named in the first three provisos of said
act of March 3, 1899, shall hereafter he made by and through
the United States pension agents, and, in future, no payment
shall be made to any of said beneficiaries by the treasurer of a
National Soldiers' Home, except one-half of so much of the pen-
sioner's pension as shall be in the hands of the treasurer of said
Home, and unexpended, at the date of filing the claim under said
act, in which case the treasurer shall withhold and disburse
upon the order of the Commissioner of Pensions, as provided in
Rule 9, supra.
RULE 21. Applications for reconsideration or reopening of
the Bureau action in cases under the first, second, or third pro-
visos of the act of March 3, 1899, should be in the form of a
motion, or petition, stating briefly, but specifically, the grounds
upon which the application is based, and which, if true, would
warrant a modification or reversal of the Bureau action. The
motion should be accompanied by evidence sufficient, if true, to
establish the grounds for reconsideration, or reopening, relied
upon by the applicant, and by due proof of service of copies
of the motion, or petition, and the supporting evidence upon
the opposite party or his or her attorney.
Proof of service must be such as will satisfy the Bureau that
the opposite party has been informed of the motion, or peti-
tion, and the supporting evidence, and may consist of, first, a
written acceptance of service by the opposite party or his or
her attorney of record; or second, a postal registry return re-
ceipt card signed by the opposite party or attorney of record,
19
accompanied by an affidavit showing that on a certain date.
copies of the motion, or petition, and the supporting evidence
were mailed in a registered letter, postpaid, to the opposite party
or the attorney of record, addressed to a certain post office
(naming it); and that the card was returned in acknowledgment
of receipt of such letter; or third, an affidavit, showing that on a
certain date and at a certain place copies of the motion, or peti-
tion, and of the supporting evidence were personally delivered
to the opposite party or his or her attorney of record.
Applications for reconsideration, or reopening, not conform-
ing to the foregoing requirements, or showing satisfactory reason
why personal service can not be made, will not be considered by
the Bureau, but will be promptly returned to the applicant, or
his or her attorney of record, for compliance therewith.
Upon the acceptance by the Bureau of Pensions of an application
for reconsideration, or reopening, the opposite party will be advised,
and allowed 30 days within which to answer or demur thereto.
Payment of one-half of the pension in question will be suspended,
pending the consideration of the application, and such suspension
will be continued for a period of 30 days from the date of receipt
of notice of the Bureau action upon the application, to permit the
filing of an appeal, unless the right of appeal shall have been waived
by the party in interest.
CLAIMS FOR SHARE OF PENSION PAID TO INMATES OF THE GOVERNMENT
HOSPITAL FOR THE INSANE.
Act of February 2, 1909.—By the terms of this act, the pension
accruing to an inmate of the Government Hospital for the Insane
must be paid to the superintendent or disbursing agent of such hos-
pital, and the money so paid shall be disbursed and used, under the
regulations prescribed by the Secretary of the Interior, for the
benefit of the pensioner, and in the case of a male pensioner, his
wife, minor children, and dependent parents, or, if a female pen-
sioner, her minor children, if any, in the order named. All ques-
tions affecting the right of a claimant to a share of the pension of
an inmate of the hospital are determined upon evidence submitted
to the Commissioner of Pensions, in accordance with the practice.
obtaining in such cases. The findings of the Commissioner of
Pensions upon the evidence are submitted to the Secretary of the
Interior for approval, and, upon the latter's direction, the disbursing
officers of said hospital will make proper distribution of the pension
money to the dependents enumerated in said act.
Applications to the Commissioner of Pensions for allotment of a
share of the pension in cases under the act of February 2, 1909,
should be made under oath, and the applicant should state the re-
20
lationship to the insane person, the certificate number of such person,
if known, the aggregate value of all property owned by the appli-
cant, as well as the sources of income and means of support of said
applicant. All allegations should be sustained by the testimony
of persons competent to testify from personal knowledge of the
facts, and the witnesses should state their ages, means of knowledge
of the facts to which they testify, and their post office addresses,
giving the street and number, or rural free delivery route, if any.
In case the application is made by the wife, she should furnish a
certified copy of the public or church record of her marriage to
pensioner, or, if no such record exists, the affidavit of the person who
performed the ceremony, or the testimony of competent witnesses,
who were present at the marriage, showing the date thereof.
either applicant or pensioner had been previously married, the death
or divorce of the former consort should be proved, in case of death,
by a verified copy of the public or church record, or by the testimony
of credible witnesses if no record of death exist; and, in case of
divorce, by a certified copy of the decree of the court. If there
was no prior marriage on the part of the applicant or the pensioner,
this fact should be shown by the testimony of at least two credible
witnesses who have known the applicant and the pensioner from the
time they became of marriageable age.
If
In the cases of minor children or dependent parents, the relation-
ship of the applicants to the pensioner must be satisfactorily shown.
The application and the evidence necessary to establish the claim
should be filed at the same time.
CLAIMS FOR PAYMENT OF PENSION TO WIVES OF INSANE PENSIONERS, OR
TO WIVES OF PENSIONERS UNDERGOING SENTENCE OF IMPRISONMENT.
Act of August 8, 1882.—Where an insane invalid pensioner has no
guardian, and has a wife or children dependent upon him, the wife
being a woman of good character, the Commissioner of Pensions is
authorized, in his discretion, to cause the pension to be paid to the
wife, upon her properly executed voucher, or, if there is no wife, to
the guardian of the children, upon his properly executed voucher,
and, in like manner, to make payment of the pension due invalid pen-
sioners who are imprisoned for offenses against the law, to their
wives, or the guardians of their children.
Under this statute evidence showing the pensioner's insanity or im-
prisonment, and, in the case of a wife, her good character, as well as
the proof required in claims under the act of February 2, 1909, supra,
must be furnished.
ACCRUED AND REIMBURSEMENT CLAIMS.
Act of March 2, 1895.—An accrued pension is payable, under the
terms of this act, whether the certificate issues prior or subsequent to
21
!
the death of the person entitled to the pension, first, to his widow,
second, if there is no widow, to his child or children under 16 years of
age, third, in case of a widow, to her minor children who were under
16 years of age at the date of her death. No other person is entitled
to receive the accrued pension, as a matter of right, nor is it consid-
ered a part of the assets of the estate of the deceased pensioner. It is
not liable for the debts of the estate, in any case whatsoever, but inures
to the sole and exclusive benefit of the widow or children. The proof
necessary to establish a claim for accrued pension is identical with
that required to establish the claim of a widow or minor child to
original pension, in so far as the relationship of the claimant for the
accrued pension and the pensioner is concerned. Full instructions.
will be given by the Commissioner of Pensions to an applicant for
accrued pension as to the character of the evidence necessary to
establish a claim.
A claim for reimbursement may be made by the person who bore
the expenses of the last sickness and burial of any pensioner who
died, leaving no widow, or child under 16 years of age, surviving,
provided the pensioner did not leave sufficient assets to meet such
expenses. An application for reimbursement should be accompanied
by the following evidence:
(a) Bills of all expenses of last sickness and burial.—If paid by
the claimant for reimbursement the bills must be properly receipted
to said claimant. If unpaid, the parties to whom said bills are due
should note on each bill, over their signatures, that they hold the
claimant responsible for the payment. If the bill be for medical
treatment it must show the dates of visits or treatment and the charge
for each. A bill for nursing and care must show the dates between
which the services were rendered, and the rate per day or week. The
bill of the undertaker must be itemized, and show the date on which
the services were rendered.
Each bill must show that the service was rendered for the pen-
sioner on account of whom reimbursement is claimed.
All claims should be presented in the name of one person.
Bills which are forwarded become a part of the records of the
Bureau of Pensions, and can not be returned. Claimants should
therefore secure duplicates of such bills if needed by them.
(b) The pension certificate which was issued in the name of the
pensioner.—If such certificate is not in possession of the claimant a
statement showing its whereabouts or final disposition should be
made.
WITNESSES AND TESTIMONY.
A declaration executed before an officer who is claimant's attorney
is accepted by the Bureau of Pensions as good and valid, but under
22
the practice such magisterial act vacates any rights which may be
conferred on him in the power of attorney therein embodied.
Evidence executed before an officer who is claimant's attorney or
before any person who has a manifest interest therein will not be
considered. It is held by the Secretary of the Interior, however, that
evidence so executed, wherein the certificate of such officer contains
a clause setting forth that "he is in nowise interested in the claim
nor concerned in its prosecution" is good and valid, but the rights.
such officer may have had as attorney in the case are thereby aban-
doned. All certificates of executing officers should certify that they
have no interest in the claim.
It is desirable that the facts required to be proved in the prosecu-
tion of a claim for pension should, if possible, be shown by the testi-
mony of persons other than near relatives of the claimant.
Every fact required to be proved should be shown by the best evi-
dence obtainable. Every witness should state whether he has any
interest, direct or indirect, in the prosecution of the claim in which
he may testify, and should give his post-office address, with street
and number, or rural free-delivery route, if any.
Witnesses should not merely confirm the statements of other par-
ties, but should give a detailed statement of the facts known to them
in regard to the matter concerning which they testify, and should
state how they obtained a knowledge of such facts. The officer
taking the deposition or affidavit should certify in his own hand-
writing as to his knowledge of the credibility of the witnesses. If
they sign by mark, the signature must be attested by two witnesses
who can write, and the officer must certify that the contents of their
depositions or affidavits were read to them before he administered
the oath.
It is desirable that affidavits should be free from interlineations
and erasures. When an alteration is made in an affidavit, or an
addition is made thereto, it must appear by the certificate of the
officer who administered the oath that such alteration or addition
was made with the knowledge and sworn consent of the affiant.
In all affidavits from surgeons or physicians it is desirable that
the portion detailing the nature of the disability, dates of treatment,
and date of death, symptoms and opinions as to connection between
diseases or injury and disease, should be in the handwriting of the
party by whom it is signed. The testimony of any person testifying
as an expert should be prepared by some one professionally competent
to do so.
The official certificates of judicial officers using a seal or of com-
missioned officers of the Army or Navy in actual service will be
accepted without being sworn to, but all other witnesses must testify
under oath.
23
COPIES OR ORIGINALS OF PAPERS.
All papers or exhibits filed as evidence in claims for pension become
a part of the record. Copies of same or originals can be returned
only within the discretion of the Commissioner of Pensions upon
application by the parties properly entitled thereto.
Certified copies of declarations and affidavits on file in claims for
pension will be furnished only upon the call of the court or the de-
partment wherein the same are to be used as evidence, and if for use
in a court upon the following conditions:
The Bureau of Pensions should be advised of the nature of the
suit, the names of the parties thereto, and in what court the action
is pending.
The party who desires to use the certified copies should state what
he expects to prove by them and make oath in due form that this
evidence is material to his cause; that the object of its use can not
be attained by the substitution of any other evidence; that without
it he may suffer irreparable injury, and that the United States
Government is not involved as a party to the action nor interested
in the result thereof.
With such affidavit he should file a request from the judge of the
[court in which the action is pending for the production of such cer-
tified copies.
The papers of which copies are desired should be clearly specified,
and the name of the soldier upon whose service the claim was based,
the designation of the organization in which he served, and, if pos-
sible, the number of the claim or the certificate should be stated, in
order that the case may be identified and unnecessary delay avoided.
MISCELLANEOUS.
+
Applications for certificate of service in lieu of lost discharge
should be filed with the Adjutant General, United States Army, War
Department, in Army cases, and with the Chief of the Bureau of
Navigation, Navy Department, in Navy cases.
Applications for back pay, extra pay, or bounty money for mili-
tary service should be filed with the Auditor for the War Depart-
ment;
for bounty, extra pay, or prize money for naval service, with
the Auditor for the Navy Department.
Applications for artificial limbs or mechanical appliances should
be filed with the Surgeon General, United States Army, War De-
partment.
TABLES OF RATES.
TABLE I.—For simple total (a disability equivalent to the anchylosis of a wrist)
provided by section 4695, Revised Statutes, United States.
ARMY.
Per month.
Lieutenant-colonel and all officers of higher rank_
$30.00
Major, surgeon, and paymaster___
25.00
Captain, provost-marshal, and chaplain.
20.00
First lieutenant, assistant surgeon, deputy provost-marshal, and quarter-
master
17.00
Second lieutenant and enrolling officer_
15.00
All enlisted men..
8.00
NAVY AND MARINE CORPS.
Captain, and all officers of higher rank, commander, lieutenant-command-
ing, and master commanding, surgeon, paymaster, and chief engineer
ranking with commander by law, lieutenant-colonel, and all of higher
rank in Marine Corps.__.
30.00
Lieutenant, passed assistant surgeon, surgeon, paymaster, and chief
engineer ranking with lieutenant by law, and major in Marine Corps 25.00
Master (now lieutenant), professor of mathematics, assistant surgeon,
assistant paymaster, and chaplain, and captain in Marine Corps__
First lieutenant in Marine Corps__-
20.00
17.00
First assistant engineer, ensign, and pilot, and second lieutenant in
Marine Corps
15.00
Cadet midshipmen, passed midshipmen, midshipmen (now ensigns),
clerks of admirals, of paymasters, and of officers commanding vessels,
second and third assistant engineers, master's mate, and warrant
officers
10.00
All enlisted men, except warrant officers.
8.00
(24)
25

From From From From
From
From
From
Aug. 4, Aug. 27,
1886. 1888.
Feb.12, Mar. 4,
1889. 1890.
July 14,
1892.
Jan. 15,
1903.
Mar. 2,
1903.
TABLE II.-Permanent specific disabilities.
From From From From From
From From
June 4, Feb. 28, June 17, Mar. 3, Mar. 3, Mar. 3,
1874. 1877. 1878. 1879. 1883. 1885.
From
From
From
Disabilities
July 4,
|
Mar. 3,
June
June 6,
1864.
1865.
1866.
From
June 4,
1872.
Loss of both hands
$25.00
$31.25
$50.00
Loss of both feet.
20.00
31.25
50.00
Loss of sight of both eyes.
Loss of sight of one eye, the
sight of the other having
been lost before enlistment.
Loss of one hand and one foot.
Loss of a hand or a foot.
Loss of an arm at or above the
elbow or a leg at or above
the knee.
25.00
31.25
50.00
$72.00
72.00
72.00
$25.00
31.25
50.00
72.00
$20.00
24..00
$36.00
15.00
18.00
$24.00
$30.00
15.00
18.00
24.00
30.00
36.00
Loss of either a leg at the hip
joint or an arm at the
shoulder joint, or so near
as to prevent the use of an
$100.00
From
Apr. 8,
1904.
$100.00
$100.00
100.00
60.00
40.00
46.00
artificial limb.
Loss of leg at hip joint.
15.00
24.00
Loss of an arm at shoulder
joint..
15.00
18.00
24.00
45.00
55.00
$37.50
45.00
55.00
$37.50
45.00
55.00
Total disability in both hands.
Total disability in both feet.
Total disability in one hand
and one foot.
25.00 31.25
20.00
31.25
20.00
24.00
36.00
Total disability in one hand
or one foot..
15.00 18.00
24.00
30.00
Total disability in arm or leg.
15.00
18.00
24.00
36.00
60.00
40.00
46.00
Disability equivalent to the
loss of a hand or a foot (third
grade).
15.00
18.00
24.00
Incapacity to perform manual
labor (second grade).
Regular aid and attendance
20.00 24.00
30.00
(first grade) ¹
25.00
31.25 50.00
72.00
Frequent and periodical, not
constant, aid and attend-
ance (intermediate grade)..
Total deafness.
13.00
$30.00
$72.00
$50.00
$40.00
1 Seventy-two dollars from June 17, 1878, only where the rate was $50, under act of June 18, 1874, and granted to date prior to June 16, 1880. First grade proper is $50, amended
by act March 4, 1890, which increases rate to $72.




26
TABLE III.-Rates fixed by the Commissioner of Pensions for certain disabilities
not specified by law.
Per month.
Anchylosis of shoulder.
Anchylosis of elbow--.
Anchylosis of knee_-_
Anchylosis of ankle..
$12.00
10.00
10.00
8.00
Anchylosis of wrist__.
Loss of sight of one eye.
Loss of one eye---
Nearly total deafness of one ear.
Total deafness of one ear_
Slight deafness of both ears_
Severe deafness of one ear and slight of the other..
Nearly total deafness of one ear and slight of the other.
Total deafness of one ear and slight of the other__
Severe deafness of both ears--
8.00
12.00
17.00
6.00
10.00
6.00
10.00
15.00
20.00
22.00
Total deafness of one ear and severe of the other.
25.00
Deafness of both ears existing in a degree nearly total_.
27.00
Loss of palm of hand and all the fingers, the thumb remaining.
17.00
Loss of thumb, index, middle, and ring fingers-
17.00
Loss of thumb, index, and middle fingers..
16.00
Loss of thumb and index finger__-.
12.00
Loss of thumb and little finger_
10.00
Loss of thumb, index, and little fingers..
16.00
Loss of thumb___
8.00
Loss of thumb and metacarpal bone..
12.00
Loss of all the fingers, thumb and palm remaining.
16. 00
Loss of index, middle, and ring fingers___.
Loss of middle, ring, and little fingers_
Loss of index and middle fingers__
16.00
14.00
8.00
Loss of little and middle fingers---
Loss of little and ring fingers
8.00
6.00
Loss of ring and middle fingers__
6.00
Loss of index and middle fingers_.
6. 00
Loss of index finger__
4.00
Loss of any other finger without complications__
2.00
Loss of all the toes of one foot__.
10.00
Loss of great, second, and third toes._.
8.00
Loss of great toe and metatarsal.
8.00
Loss of great and second toes_.
8.00
Loss of great toe---.
Loss of any other toe and metatarsal__
Loss of any other toe__
Chopart's amputation of foot, with good results.
Pirogoff's modification of Syme's..
Small varicocele____.
Well-marked varicocele____
Inguinal hernia, which passes through the external ring….
Inguinal hernia, which does not pass through the external ring___
Double inguinal hernia, each of which passes through the external ring_
Double inguinal hernia, one of which passes through the external ring
and other does not_
6. 00
14.00
6.00
6.00
2.00
14.00
17.00
2.00
4.00
10.00
12.00
Double inguinal hernia, neither of which passes through the external ring-
Femoral hernia_
8.00
10.00
27
Section 4699, Revised Statutes, provides that the rate of $18 per month may
be proportionately divided for any degree of disability established for which
section 4695 makes no provision.
The act of August 27, 1888, provides a $30 rate for total deafness and author-
izes the Secretary of the Interior to grant such proportion thereof in cases of
partial deafness as he may deem equitable. Act January 15, 1903, increases
rate for total deafness to $40. Rates on partial degrees not affected.
The act of March 2, 1895, provides that "all pensioners now on the rolls, who
are pensioned at less than six dollars per month, for any degree of pensionable
disability, shall have their pensions increased to six dollars per month; and that,
hereafter, whenever any applicant for pension would, under existing rates, be
entitled to less than six dollars for any single disability or several combined dis-
abilities, such pensioner shall be rated at not less than six dollars per month:
Provided, also, That the provisions hereof shall not be held to cover any pen-
sionable period prior to the passage of this act, nor authorize a rerating of any
claim for any part of such period, nor prevent the allowance of lower rates
than six dollars per month, according to the existing practice in the Pension
Office in pending cases covering any pensionable period prior to the passage of
this act."
TABLE IV.—Miscellaneous rates.
INVALID.
Indian wars:
Acts July 27, 1892, June 27, 1902, and May 30, 1908-
$8.00
Mexican War:
Act Jan. 27, 1887-
8.00
Acts Jan. 5, 1893, and Apr. 23, 1900, certain survivors.
12.00
Act Mar. 3, 1903, all survivors__.
12.00
Act Feb. 6, 1907-
At 62 years.
12.00
At 70 years--.
15.00
At 75 years or over_.
20.00
Civil War:
Act June 27, 1890, in its original form, and also as amended by
the act of May 9, 1900_.
6.00-12.00
Act Feb. 6, 1907-
At 62 years.
At 70 years_.
At 75 years or over..
Army nurses:
Act Aug. 5, 1892.
Navy service pensions:
12.00
15.00
20.00
12.00
Sec. 4756, R. S., for 20 years' service, one-half the pay of rating
at discharge.
Sec. 4757, R. S., for 10 years' service, not to exceed the rate for
total disability.
Revolutionary War:
WIDOWS AND MINORS.
Act Mar. 9, 1878, widows only-
Act Mar. 19, 1886, widows only.
War of 1812:
Act Mar. 9, 1878, widows only.
Act Mar. 19, 1886, widows only----
$8.00
12.00
8.00
12.00
28
Indian wars:
Acts July 27, 1892, June 27, 1902, and May 30, 1908, widows
only
Act April 19, 1908, Sec. 1, widows only.
Mexican War:
Act Jan. 29, 1887, widows only.
$8.00
12.00
8.00
Act Apr. 19, 1908, sec. 1, widows only..
12.00
Civil War:
Sec. 4702, R. S., widows and minors, same rates as in Table 1.
Act Mar. 19, 1886, widows and minors__
12.00
Act June 27, 1890, in its original form, and as amended by the
act of May 9, 1900-
Act Apr. 19, 1908_
8.00
12.00
From and after July 25, 1866, a widow is entitled, under the provisions of
section 4703, Revised Statutes, to the sum of $2 per month additional on
account of each legitimate minor child of the deceased soldier or sailor, in her
Where the
care and custody, until such child reaches the age of 16 years.
widow has died, remarried, or has no title, the minor children under 16 years
of age succeed to the widow's rights.
In claims under the act of June 27, 1890, both in its original and amended
forms, the additional pension of $2 per month is granted. In addition provision
is made in said act for the continuance of pension granted to an insane,
idiotic, or otherwise physically or mentally helpless minor child, during its life
or during the period of disability. This proviso is applicable to minors' claims
under any statute.
DEPENDENT RELATIVES.
Sec. 4707, R. S., in its original form, and as amended by section 1,
Act June 27, 1890, same rates as in Table 1.
Act Mar. 19, 1886--
$12.00
REGULATIONS AND INSTRUCTIONS RELATING TO BOUNTY-LAND
CLAIMS.
1. Applications.-An application for bounty-land warrant may
be made by anyone entitled under the law to such a warrant. The
party entitled should execute the application personally unless he be
legally incompetent, in which event his duly appointed guardian
may make the claim. When an application is signed by a guardian
and filed in the Bureau of Pensions, it should be accompanied by a
certified copy of the letters of guardianship.
When several minors, or brothers and sisters, are jointly entitled,
the application may be made by any one of them in behalf of all, for
which authority in proper and legal form, duly witnessed and exe-
cuted under oath, must be given by the other children, and such
authority must be filed in the Bureau of Pensions. The warrant
will be issued to all jointly.
Blank forms of application will be furnished claimants upon re-
quest therefor. They will not be sent to agents or attorneys in bulk,
but sample forms will be furnished on application.
2. Applications and affidavits, execution of.—All applications for
bounty-land warrants, and affidavits filed in support thereof, must
be made before a court of record, or some officer of such court having
custody of its seal, or before some officer who, under the laws of the
United States or of his State, city, or county, has authority to admin-
ister oaths for general purposes.
Where an application or affidavit is executed before an officer
authorized as above but not required by law to have and use a seal
to authenticate his official acts, he shall file in the Bureau of Pensions
a certificate of his official character, showing his official signature
and term of office, certified by a clerk of a court of record or other
proper officer of the State as to the genuineness thereof; and when
said certificate has been filed in the Bureau of Pensions his own
certificate will be recognized during his term of office.
Applications and other papers of claimants residing in foreign
countries may be made before a United States minister or consul or
other consular officer or before some officer of the country duly
authorized to administer oaths for general purposes, whose official
character and signature shall be duly authenticated by the certificate
of a United States minister or consul or other consular officer.
(29)
30
The officer before whom an application or affidavit is executed
must certify in his own handwriting as to his knowledge of the
credibility of the witnesses. If they sign by mark, the signatures
must be attested by two witnesses who can write, and the officer must
certify that the contents of their depositions or affidavits were read
over to them before he administered the oath.
An application for bounty land executed before an officer who is
claimant's attorney is accepted by the Bureau of Pensions as good
and valid, but under the practice such magisterial act vacates any
rights which may be conferred upon him by the power of attorney
therein embodied.
Evidence executed before an officer who is claimant's attorney, or
before any person who has a manifest interest therein, will not be
considered. It is held by the Secretary of the Interior, however, that
evidence so executed, wherein the certificate of such officer contains a
clause setting forth that "he is in no wise interested in the claim nor
concerned in its prosecution," is good and valid, but the rights such
officer may have had in the case are thereby abandoned. All certifi-
cates of executing officers should certify that they have no interest in
the claim.
It is desirable that affidavits should be free from erasures and in-
terlineations. When an alteration is made in an affidavit, or an
addition is made thereto, it must appear by the certificate of the
officer who administered the oath that such alteration or addition
was made with the knowledge and sworn consent of the affiant.
The official certificates of judicial officers using a seal, or of com-
missioned officers of the Army or Navy in actual service, will be
accepted without being sworn to; all other witnesses must testify
under oath.
3. Evidence, character of.-Every fact required to be proved
should be shown by the best evidence obtainable.
Wherever it is indicated in these regulations and instructions that
a fact may be proved by more than one kind of evidence, the classes
of evidence are named in the order of their value. Evidence of a
lower class will not be accepted unless it be shown that none of a
higher class can be obtained. Copies of records should be certified
by the officer having custody thereof; and if he has no seal by which
to authenticate his signature, the certification should be under oath.
4. Evidence from prior claims, or records.—Any evidence already
on file in the Bureau of Pensions or in any other office of the Gov-
ernment of the United States may be made available in a claim for
bounty land if a particular and definite description of the matter
in which it has already been used be furnished the Bureau of Pensions.
5. Witnesses.-Witnesses should not merely confirm the statements
of other parties, but should give a detailed statement of the facts
31
known to them in regard to the matter concerning which they testify,
and should state how they obtained a knowledge of such facts.
It is desirable that the facts required to be proved in the adjudi-
cation of a bounty-land claim should be shown, if possible, by the
testimony of persons other than near relatives of the claimant.
Every witness should state his age, whether he has any interest,
direct or indirect, in the prosecution of the claim in which he may
testify, and should give his post-office address, with street and num-
ber, or rural free-delivery route, if any. A claimant should promptly
notify the Bureau of Pensions of any change of residence during the
pendency of his claim.
6. Service.-Service, to give title to bounty-land, must have been
rendered prior to March 3, 1855, for a period of at least fourteen
days, or in a battle; and if in the Regular Army or Navy, must have
been in some war in which the United States were engaged.
Where no record evidence of the service for which a bounty-land
warrant is claimed exists, parole evidence may be admitted to prove
the service performed, but in no case will parole evidence be admitted
to vary or discredit the length of any service shown by the rolls.
Where service was rendered by a substitute, he is the person enti-
tled to bounty-land, and not his employer, unless the latter also served
the requisite period to give title to bounty-land and then furnished a
substitute, in which event, if both employer and substitute served the
length of time required by law, each might be entitled for his re-
spective term of actual service.
7. Identity. In all cases the identity of the claimant as the person
or the heir of the person who rendered the service must be shown by
the best obtainable evidence.
8. Evidence in widows' claims.-Claims by widows must be sup-
ported by satisfactory proof of the marriage of the claimant to the
soldier on account of whose service her claim is made, of his death,
and of her widowhood-that is, that she is unmarried-at the time of
making application.
Marriage.--The marriage of the claimant to the person on account
of whose service and death the application is made should be shown-
(a) By a duly verified copy of a public or church record; or
(b) By the affidavit of the clergyman or magistrate who offi-
ciated; or
(c) By the testimony of two or more eyewitnesses to the cere-
mony; or
(d) By a duly verified copy of the church record of baptism of
the children; or
(e) By the testimony of two or more witnesses who know that
the parties lived together as husband and wife and were recognized
as such, and who shall state how long, within their knowledge, such
cohabitation continued.
32
The widowhood of the claimant at the time of making application
must be shown by the testimony of credible witnesses who have per-
sonal knowledge of the fact.
9. Evidence in minors' claims. In addition to the proof required
in widows' claims, applications in behalf of minors must be sup-
ported by proof that they are the legitimate children of the person
on account of whose service the claim is made, that the widow is
dead, and that they are the only surviving children of such person
who were under the age of twenty-one years on March 3, 1855, or
were born subsequent to that date.¹
To establish the legitimacy of the children, the marriage of the
mother to their father and the births of such children must be
proved.
The dates of birth of children should be proved-
(a) By a duly verified copy of the public record of births, or the
church record of baptisms; or
(b) By the affidavit of the physician who attended the mother; or
(c) By the testimony of persons who were present at the births,
who should state how they are now able to fix the precise dates.
10. Evidence in claims of fathers, mothers, brothers, and sisters:
In a claim by a father, mother, or brothers and sisters, the relation-
ship to the person on account of whose service the claim is made must
be clearly established, and the death of all persons who would under
the law have a prior title to the bounty-land must be proved.
11. Evidence to complete claims of deceased persons.-In complet-
ing the claim of a deceased person leaving no successor to whom the
title would descend under the bounty-land laws, the legal representa-
tives must furnish proof of the death of the claimant; and if he
died intestate, proof of heirship will be required, which proof must
show the name, age, and post-office address of each of his heirs at
law and their relationship to the deceased; and where a will is left
a duly certified copy of it, with letters of probate, must be presented;
and in either case full authority must be given by the heirs or de-
visees, if adults, or by their guardians, if minors, for the delivery
of the warrant to some designated person. If an executor has been.
designated by will, the claim should be completed by him. If there
be no executor, a duly appointed administrator of the estate of the
deceased may be recognized to complete the claim.
12. Duplicate warrants, rules governing the issue of.-First.
Whenever a warrant has failed to reach the hands of the party
entitled to receive it and to whom it was sent, or has been lost or
destroyed after having been received, in order to prevent the issuing
of a patent to a fraudulent holder of the same the actual owner must
at once file in the General Land Office a caveat in the form of an
1 Ruling of Commissioner of Pensions as to birth subsequent to March 3, 1855.
33
affidavit, duly authenticated, setting forth the nature of his title to
the warrant and the particulars as to its loss or destruction, and giv-
ing his post-office address; and these facts must be established by
satisfactory evidence filed in the Bureau of Pensions.
Second. He must give public notice of the facts in the case at
least once a week for six successive weeks in some newspaper of gen-
eral circulation published at or nearest the place to which the war-
rant was directed or where the loss occurred. In such publication
(a copy of which must be furnished to the Bureau of Pensions with
the affidavit of the publisher as to its due appearance) the intention.
must also be expressed by applying to the Commissioner of Pensions
for a reissue of the lost warrant, which must be minutely described.¹
Third. The filing of the caveat in the General Land Office and the
advertisement of the loss being only preliminary steps toward the
observance of the regulations, the owner of the lost warrant must
file in the Bureau of Pensions, as soon after the discovery of the loss
as practicable, his declaration, under oath, duly authenticated, setting
forth fully and distinctly the time, place, and circumstances of the
loss, and that he never sold, assigned, nor voluntarily parted with his
right to the warrant in question.
Fourth. In cases where a reissue of a warrant is sought on the
ground of the nonreception of the original warrant, the agent or per-
son to whom it was sent must unite with the warrantee or make a
separate affidavit as to its nonreception.
Fifth. If the applicant for the reissue is not the person to whom
the warrant was issued, but claims to be the owner thereof by pùr-
chase for a valuable consideration, he must give the name and resi-
dence of the warrantee, the name and residence of the person of whom
he bought it, and, as far as he may know or can ascertain, the names
and residences of each of the several parties through whom the title
to the warrant descended to him from the warrantee, and adduce
satisfactory evidence in proof of each and all his statements in refer-
ence thereto.
Sixth. The identity of the applicant must be satisfactorily estab-
lished, and the credibility of each and every affiant must be duly
certified by the magistrate administering the oaths, and his official
character and signature must be duly authenticated as hereinbefore
indicated. No warrant will be reissued under these regulations until
after the expiration of three months from the date of the filing of the
petition in the Bureau of Pensions, and not then if it shall appear
that the original warrant is in existence.
1 FORM OF ADVERTISEMENT OF LOST WARRANT.
Notice is hereby given that I,
rant No. —
for
of
,
am the legal owner of bounty-land war-
acres, issued under the act of
in the name
and that said warrant having been lost (or destroyed), I intend to
make (or have made) application to the Commissioner of Pensions for a duplicate.
34
The foregoing regulations will be strictly enforced in every in-
stance.
13. Inquiries and additional evidence.-All inquiries addressed to
the Bureau of Pensions and all additional evidence filed therein
should contain a description of the particular claim concerning which
the inquiry may be made or in which the additional evidence is to be
used, viz, the number of the claim, the name, residence, and post-
office address of the claimant, and the name of the person on account
of whose services the claim is made, together with his company, regi-
ment, and the State from which he enlisted.
14. Records, information from.-Information will not be furnished
from the records relative to service in cases where a title to bounty
land is supposed to exist. The law will be explained upon inquiry,
but no opinion can be given as to title of individuals to bounty land
until their claims are properly before the Bureau of Pensions.
Parties in making application for bounty-land warrants should
state as fully as possible all the facts known to them relative to the
service of the person through whom the claimant derives title, giving
the personal description of such person and his places of residence at
the time of service and since; the Bureau of Pensions will then apply
any evidence found in any department of the Government of the
United States to the settlement of the claim.
15. Originals or copies of papers.-All papers or exhibits filed as
evidence in a bounty-land claim become a part of the record.
Neither the original nor a copy, duly certified, of any essential paper,
except a certificate of discharge from the military or naval service
of the United States, filed in a claim before the Bureau of Pensions,
will be furnished except upon the call of a court or a department
wherein the same is to be used as evidence; and if for use in a court,
upon the following conditions:
The Bureau of Pensions should be advised of the nature of the
suit, the name of the parties thereto, and in what court the action is
pending.
The party who desires to use the certified copy or copies should
state what he expects to prove by the same, and make oath in due
form that this evidence is material to his cause; that the object of its
use can not be attained by the substitution of any other evidence;
that without it he may suffer irreparable injury; and that the United
States are not involved as parties to the action nor interested in the
result thereof.
With such affidavit he should file a request from the judge of the
court in which the action is pending for the production of the certified
copy or copies.
The papers of which copies are desired should be clearly specified,
and the name of the person on whose service the claim was based, the
35
designation of the organization in which he served, and, if possible,
the number of the claim or of the bounty-land warrant should be
stated in order that the case may be identified and unnecessary delay
avoided.
16. Discharge certificates, copies of.-Certified copies of original
discharge certificates on file in the Bureau of Pensions will be fur-
nished upon the application of the person to whom the same was
issued or of his widow or descendants. Such an application should
be made in the form of an affidavit setting forth a full description of
the person to whom the certificate of discharge was issued, viz, his
age at time of enlistment, his occupation, birthplace, height, color of
hair, eyes, and complexion, and giving the date and place of his
enlistment or muster into the service, and the date and place of
discharge.
17. Assignment and location of warrants.-Inquiries relative to the
assignment and location of bounty-land warrants should be addressed
to the Commissioner of the General Land Office, Washington, D. C.
18. Soldiers' and sailors' homestead rights.—All communications in
regard to the homestead rights granted by law to the officers, soldiers,
seamen, and marines, who served during the Civil War, the War with
Spain, or in the Philippine insurrection, should be addressed to the
Commissioner of the General Land Office, Washington, D. C.
19. Bounty in money.-Communications relative to back pay, extra
pay, and bounty in money, for Army service, should be addressed to
the Auditor for the War Department, Treasury Department, Wash-
ington, D. C.; and for extra pay, prize money, etc., for naval service,
to the Auditor for the Navy Department, Treasury Department,
Washington, D. C.
ATTORNEYS.
RULES OF PRACTICE BEFORE THE BUREAU OF PENSIONS.
RULE 1.-A person appearing of record in the Bureau of Pensions
as having complied with the regulations prescribed by the Secretary
of the Interior for the recognition of agents or attorneys before the
Department of the Interior will be held authorized to prosecute any
claim for pension or bounty land, in which the law does not pro-
hibit the payment of an attorney's fee, on filing a power of attorney
from the claimant: Provided, however, That the Commissioner of Pen-
sions, in his discretion, may recognize such person without compen-
sation in any claim for pension or bounty land heretofore filed, or
that may hereafter be filed, in which the law prohibits the payment
of such fee.
RULE 2.-Transfers of attorneyship will be governed by the follow-
ing rules:
(a) Transfers of attorneyship must be acknowledged before some
officer authorized to administer oaths for general purposes in the
presence of two witnesses who must sign their names to the instru-
ment of transfer.
(b) In all transfers of attorneyship a separate slip must be filed
for each claim transferred, showing its number, the name of the
claimant, the name of the soldier or sailor, the service on which the
claim is based, the name and address of the transferee, and an ac-
knowledgment by the transferee of the transfer.
(c) A transfer not general in character, but of a limited number
of claims, from one agent, attorney, or firm to another, must be ac-
companied also by a schedule, alphabetically arranged, showing for
each claim the data required on said slips.
(d) A transfer made by the legal representative of a deceased or
incompetent agent or attorney must be accompanied by a duly au-
thenticated certificate of an officer of the court having jurisdiction,
showing the authority of such representative.
(e) The written consent of the claimant is necessary to entitle a
transferee to recognition in an incomplete claim, the transfer of at-
torneyship in all such cases being subject to protest.
RULE 3.-No agent or attorney shall have power to make a valid
assignment of any claim in which he has been recognized, even with
the written consent of claimant, unless he is at the time of such as-
signment and of such consent in good standing before the Bureau
of Pensions.
(36)
37
*
RULE 4.-No power of attorney purporting to be executed by a
claimant will be recognized as good and valid unless the same is
signed in the presence of two witnesses and acknowledged before an
officer duly authorized to administer oaths for general purposes,
whose official signature is certified under seal.
RULE 5.-No articles of agreement filed under the act of July 4,
1884, will be recognized as valid, and no fee will be paid thereunder,
unless the claimant's signature thereto is witnessed by two attest-
ing witnesses and acknowledged before some officer authorized to
administer oaths for general purposes, whose official signature is
certified under seal.
The attorney's acceptance of such agreement must also be executed
before some officer duly authorized to administer oaths for general
purposes, whose official signature is certified under seal.
RULE 6.-Articles of agreement, to be recognized as valid by the
Commissioner of Pensions, must be in duplicate and in the form pre-
scribed by order of July 8, 1884,¹ and have printed upon the reverse:
"Notice to Claimant," "This Agreement is permissible under the
law, but not compulsory," and a copy of the act of July 4, 1884.
1 The following is the form of fee agreement prescribed by the Commissioner of Pen-
sions and approved by the Secretary of the Interior July 8, 1884, under the provisions of
the act of Congress approved July 4, 1884:
[To be executed in duplicate without additional cost to claimant.]
ARTICLES OF AGREEMENT.
Whereas I,
Volunteers, war of
late a
in company
of the United States:
of the
Regiment of
having made application for pension under the laws
་
a
•
Now this agreement witnesseth: That for and in consideration of services done and to
be done in the premises. I hereby agree to allow my agent,
of
fee of
dollars, which shall include all amounts to be paid for any services in
the furtherance of said claim; and said fee shall not be demanded by or payable to my
said agent, in whole or in part, except in case of the granting of my pension by the
Commissioner of Pensions; and that the same shall be paid to
in accordance with
the provisions of sections 4768 and 4769 of the Revised Statutes United States.
1
[Signature of claimant.]
[Post-office address.]
[Signatures of two witnesses.]
STATE OF
County of
ss .
day of
in the
Be it known that on this the
A. D. 1-, personally appeared
the above named, who, after having had read over to
hearing and presence of the two attesting witnesses, the contents of the foregoing articles
of agreement, voluntarily signed and acknowledged the same to be
free act
and deed.
[L. S.]
day of
A. D. 1
,
[Official signature.]
And now, to wit, this
accept the provisions con-
tained in the foregoing articles of agreement, and will, to the best of
ability,
endeavor faithfully to represent the interest of the claimant in the premises.
hereby certify that
have received from the claimant above named the sum of
dollars, and no more;
dollars being for fee, and the sum of
dollars being for postage and other expenses. And that these agreements have been ex-
ecuted in duplicate, without additional cost to the claimant, as required by law, in
excess of the fee above named, the said agent making no charge therefor.
Witness
hand the year and day above written.
[Signature of agent.]
STATE OF
County of
SS':
Personally came
whom I know to be the person
represents
to be, and who, having signed above acceptance of agreement, acknowledged the
free act and deed.
same to be
[L. S.]
Approved for
nized attorney.
dollars, and payable to
[Official signature.]
the recog-
of
Commissioner of Pensions,
38
RULE 7.-When a claim for bounty land has been allowed and the
warrant issued, one approved copy of the articles of agreement will
be forwarded to the agent or attorney of record and the other pre-
served in the files of the claim. The bounty-land warrant will be
forwarded direct to the party entitled to the possession thereof.
RULE 8.-An agent or attorney may request and receive from a
claimant a sum not exceeding fifty cents for postage in the prosecu-
tion of any one claim, original or increase, but compliance with such
request of the agent or attorney is optional with the claimant.
Agents and attorneys are not allowed to demand a sum for postage
as a right, or to refuse to prosecute a claim where the request for
postage is not complied with.
RULE 9.—When in the adjudication of any claim for pension or
bounty land in which articles of agreement have been or may here-
after be filed, it shall appear that the claimant, prior to the execution
thereof, had paid to the agent or attorney any money for fee, postage
(other than as allowed by rule 8), or expenses in connection with
the prosecution of the claim, and the amount so paid is not stated
in the acceptance of agreement by the agent or attorney, then every
such claim shall be adjudicated as if the articles of agreement con-
tained no stipulation as to a fee, and from the fee of ten dollars
allowed by law such sums as are shown to have been paid to the
agent or attorney shall be deducted.
RULE 10. No power of attorney or articles of agreement will be
accepted as valid wherein the claimant's acknowledgment is taken
before an officer who is the agent or attorney named therein, or where
the agent or attorney acts as one of the attesting witnesses to claim-
ant's signature to such instrument.
A declaration, affidavit, or any paper, requiring execution or
acknowledgment, in connection with a claim for pension, or bounty
land, must be executed or acknowledged before an officer duly
authorized to administer oaths for general purposes, who is not
interested in the prosecution of the claim to which said paper per-
tains, and the jurat must so show.
An agent or attorney who shall file any paper containing in the
jurat a false statement that the officer before whom such paper was
executed, or acknowledged, is not interested in the prosecution of
the claim, or any statement equivalent thereto, when in truth and in
fact, such agent or attorney has entered into a contract, agreement,
or understanding, with such officer, by virtue of which said officer is
to receive compensation, or a commission, from such agent or attor-
ney, in the event of the allowance of the claim, will subject himself
to suspension or disbarment from practice before the Bureau of
Pensions.
39
RULE 11.—All articles of agreement in claims for pension or
bounty land that conform to the requirements of the law and regula-
tions will be accepted if filed prior to the date of the issue of the
certificate or of the bounty-land warrant.
RULE 12.-No request of an agent or attorney for consideration
of his title to a fee will be entertained unless the same is filed in the
Bureau of Pensions within three years from the date of issue of the
certificate upon which such fee is claimed.
RULE 13.—If an agent or attorney is disbarred pending the adjudi-
cation of a claim, and if, while such disbarment is in force, the claim
is adjudicated and the certificate issued without certification of a
fee by reason of such disbarment, and if thereafter said agent or at-
torney is restored to practice, and if claimant has not, by reason of
such disbarment, canceled or revoked the authority theretofore ex-
isting, upon such restoration as aforesaid the lawful fee will be
certified and paid to such agent or attorney.
RULE 14. When a claimant during the disbarment of his agent
or attorney of record employs another, who prosecutes the claim to
final adjudication, no fee will be certified the disbarred agent or at-
torney upon his restoration to practice, but his disbarment will
operate by way of estoppel to bar any claim for fee.
RULE 15.-No fee will be allowed to a guardian who prosecutes the
claim of his ward, nor to a firm of attorneys of which the guardian.
is a member.
RULE 16.-When an agent or attorney is called upon by the Com-
missioner of Pensions to furnish evidence in any claim, he will be
allowed ninety days within which to furnish same or to give reasons
why he fails to do so: Provided always, That before such agent or
attorney is dropped or another recognized, at any time within one
year, he shall be given thirty days' notice to show cause why he is
not guilty of laches. In the event that such answer be not filed
within thirty days from the mailing of such notice, or that the
answer thereto be held by the Commissioner of Pensions to be insuf-
ficient, claimant shall be notified of such failure and may file the
same, either by himself or by such other attorney as he may elect;
and upon the recognition of such other attorney, the former agent or
attorney will be estopped from claiming any fee.
RULE 17.-To call up a case will not be held of itself a substantial
compliance with any specific requirement of the Commissioner of
Pensions.
RULE 18.-An agent or attorney will be required to exercise due
diligence in all cases in which he is recognized. Neglect to prosecute
a claim for one year will be held, in default of cause shown, conclusive
evidence of the abandonment of a claim by the agent or attorney,
and claimant will be so advised.
40
RULE 19.-Upon the rejection of a claim for pension or bounty
land the agent or attorney of record will be notified of such rejection
and the reason therefor, and will be allowed ninety days from the
date of such notice within which to file a motion for reconsideration,
supported by material evidence, or within which to enter an appeal to
the Secretary of the Interior; and on his failure to do either he will
be held to have abandoned the case, and the claimant may employ
any other duly qualified agent or attorney further to prosecute the
claim.
RULE 20.-No claim pending in the Bureau of Pensions will be
considered out of its regular order upon the request of an agent or
attorney, or any other person whomsoever, except for good cause
shown and upon the order of the Commissioner of Pensions.
RULE 21.-Every agent, attorney, or other person recognized by
the Department of the Interior as entitled to practice before the
Bureau of Pensions, shall submit to the Commissioner of Pensions
copies of all proposed advertising matter framed and intended to
solicit business before the Bureau of Pensions, and if the same be
not disapproved by the Commissioner of Pensions and the agent or
attorney so notified within ten days from the date of filing them,
they will be held, prima facie, approved.
Advertising matter may contain clear, correct, and explicit state-
ments of the law, the name and address of the attorney, and the
information that he prosecutes claims for pension and bounty land.
The use by an agent or attorney of the characters "U. S.," or the
words "United States," as a part of this title or of the title of his
business is misleading and will not be permitted.
RULE 22.-A claim for increase of pension will not be considered.
or held as a claim pending within the prohibition of section 190,
Revised Statutes of the United States.
RULE 23.-Every agent, attorney, or other person, who shall, di-
rectly or indirectly, request of any Member of either House of Con-
gress, or of any United States Government official or representative
(other than one whose duty it is under the law to supervise and ad-
minister the laws, rules and regulations governing the granting of
pensions and bounty land) aid or assistance in the prosecution of a
pension or bounty-land claim, or who shall, directly or indirectly,
request or advise a claimant to seek such aid in the prosecution of a
pension or bounty-land claim, will be held to have abandoned the
claim as agent or attorney and will thereby forfeit his agency or
attorneyship in such claim.
RULE 24. Every agent, attorney or other person recognized by
the Department of the Interior as entitled to practice before the
Bureau of Pensions who shall violate the provisions of Rule 23,
above, will be held thereafter incompetent to prosecute claims before
41
!
said Bureau within the meaning of section 5, of the act of July 4,
1884, and will thereby subject himself to suspension or disbarment
from practice before the Bureau of Pensions.
RULE 25.-Where an agent, attorney, or other person incurs any
expense in the prosecution of a claim before the Bureau of Pensions,
he must file a sworn itemized account of such expense with the Com-
missioner of Pensions and secure the approval thereof, before de-
manding or receiving reimbursement from the claimant or pensioner.
RULE 26. In a claim under the act of March 2, 1895, for the ac-
crued pension due in an admitted case from the date of last payment
to pensioner's death, the agent or attorney of record is permitted,
upon the allowance of the claim, to receive as a fee, direct from the
claimant or beneficiary, ten per centum of the amount of the accrued
pension paid; but in no event will such agent or attorney be per-
mitted to demand, receive, or retain a fee in excess of ten dollars
in any one claim.
RULE 27.-Where, through a mistake of fact or fraud on the part
of an agent or attorney, a fee to which he is not entitled has been
paid to him he will be required to refund the same on demand by the
Commissioner of Pensions; and his 1ailure or refusal to refund, after
such demand, will render him liable to suspension or disbarment from
practice before the Bureau of Pensions.
RULE 28. When in an invalid claim for increase the Commissioner
of Pensions issues a call for evidence to show that claimant's dis-
ability has increased, as a prerequisite to a medical examination, and
no evidence is filed in response to such call within ninety days, or
thereafter before there is presented on behalf of claimant another
declaration for increase, then the claim in which said call was issued
is to be held rejected without ordering a medical examination, unless
there was on file in the claim at the time of the issue of said call,
medical evidence which has not been considered, tending to show
that the claimant's disability had increased.
Any declaration for increase filed within ninety days from date
of a call, under a prior declaration, for evidence to show increase of
disability, will be held a duplicate of such prior declaration.
RULE 29.-All rules and orders inconsistent with the foregoing
are hereby abrogated.
Approved:
CARMI A. THOMPSON,
Assistant Secretary.
DEPARTMENT OF THE INTERIOR,
J. L. DAVENPORT,
Commissioner of Pensions.
July 12, 1911.
TABLE OF ATTORNEY FEES.
ALLOWED BY LAW.
In original claims allowed under--
All general laws (except act June 27, 1890, act Apr. 19, 1908, and
such acts as do not provide for payment of a fee), sec. 4, act
July 4, 1884, authorizes a fee-
On properly executed articles of agreement, any amount con-
tracted for, not exceeding.
Without articles of agreement_
Act June 27, 1890 (sec. 4 of said act)
$25.00
10.00
10.00
Act Apr. 19, 1908 (sec. 2 of said act)
10.00
Supplemental claims-
To allow for child by former marriage if filed by new attorney --
To allow for helpless child-
10.00
If named in original application but new attorney presents
claim
10.00
If not so named, whether supplementary claim be filed by new
or original attorney..
10.00
To allow for posthumous child, born after filing claim, unless ex-
pressly exempted by mutual agreement between claimant and
attorney
10.00
Rerating or reissue to correct rate or date of commencement, if filed by
new attorney (11 P. D., 202)
10.00
Reduction in rate of pension, for services rendered in preventing (Secre-
tary's decision, Dec. 27, 1900, case of Charles Hebel, certificate No.
113168)
10.00
Dropping pensioner's name from roll, for services rendered in preventing
(9 P. D., 236)
10.00
Renewal, restoration, removal of suspension, etc., cases of difficulty
and trouble" (sec. 4, act July 4, 1884), commissioner may recognize
articles of agreement for not exceeding (8 P. D., 182)__
Restoration-
25.00
Dropped for loss of title on testimony taken by a special examiner
showing that the disability or cause of death on account of which
pension was allowed did not originate in line of duty, and in cases
of dependent relatives whose names were dropped, on like testi-
mony, upon the ground of nondependence (act July 4, 1884)—
In claims under all general laws (except act June 27, 1890,
act Apr. 19, 1908, and such acts as do not provide for payment
of a fee)-
On properly executed articles of agreement, any amount
contracted for, not exceeding.
25.00
Without articles of agreement_
10.00
Under act June 27, 1890.
10.00
Under act Apr. 19, 1908__
10.00
Where dropped under sec. 4719, R. S. (4 P. D., 405).
10.00
Increase claims-
Mexican War, Jan. 5, 1893, and amendatory acts, in which fee was
not paid prior to Sept. 20, 1902 (12 P. D., 505).
10.00
In cases where increase is granted because of increase of the dis-
ability for which pension was originally allowed (act Mar. 3,
1891)
2.00
(42)
43
NOT PAYABLE ON ORDER OF COMMISSIONER OF PENSIONS, BUT A MATTER OF
CONTRACT BETWEEN CLAIMANT AND ATTORNEY, SUBJECTING THE LATTER TO
DISCIPLINARY PROCEEDINGS IN THE EVENT OF EXTORTION OR UNREASON-
ABLENESS.
Accrued pensions, act Mar. 2, 1895, due deceased pensioners (rule 26,
practice) Attorney may collect 10 per cent of accrued pension paid,
but fee must not exceed_
3
Divided pensions, act Mar. 3, 1899 (10 P. D., 403): Attorney may col-
lect reasonable fee, and in absence of abuse or misconduct on his part
justifying disbarment, Commissioner of Pensions has no authority.
By law:
CASES WHEREIN FEES ARE DENIED.
$10.00
Act July 4, 1884, arrears of pension allowed by Congress subsequent
to original grant___
No fee.
Act Mar. 19, 1886, increasing rates of pension to certain widows_.
Act Aug. 5, 1892, granting pensions to Army nurses_
No fee.
No fee.
Act Mar. 3, 1901, and act Feb. 28, 1903, amending sec. 4708 R. S.,
giving pensionable status to certain remarried widows_.
Act Feb. 6, 1907, granting pensions to certain survivors of the Mexi-
can and Civil Wars-
No fee.
No fee.
Act May 28, 1908, for services in introducing or securing the passage
of a private act of Congress granting a pension__-
No fee.
By departmental construction or regulations:
Increase by operation of law, Secretary's decision, or bureau sched-
ule ratings (ruling 124 and order 266) –
No fee.
Claim filed by State agent or commissioner (7 P. D., 293)
No fee.
Wherein power of attorney only is filed (4 P. D., 356; 7 P. D., 517) No fee.
Wherein no service is rendered (7 P. D., 517) -
No fee.
Wherein attorney transmits only order for medical examination or
reasons for claimant's failure to appear for such examination
(9 P. D., 375), unless in response to bureau call___.
Where guardian, as attorney, prosecutes claim of his ward, or firm
of attorneys of which guardian is a member, prosecutes such
claim (rule 15, practice)
No fee.
No fee.
Where no fund accrues by reason of allowance out of which fee
could be paid (8. P. D., 139; 11 P. D., 149):
Reissue to include new disability, if no increase (8 P. D., 139) _ _
Rerating or reissue to correct rate or date of commencement, if
same attorney as in original claim (7 P. D., 359; 13 P. D., 75) ---
Securing new or duplicate pension certificate (8 P. D., 261)_.
Supplemental claims-
No fee.
No fee.
No fee.
No fee.
To allow for child by former marriage if claim be filed by
original attorney (7 P. D., 47; 16 P. D., 546)
No fee.
To allow for helpless child if child named as helpless in original
declaration, to original attorney (9 P. D., 117)
No fee.
POSTAGE.
By order of May 26, 1891, attorneys may receive, from and after Apr.
22, 1891, for postage in any one claim__
O
$0.50
1
2 U B
373
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Creve
7
3-1580.
INFORMATION RELATING TO ARMY AND
NAVY PENSIONS.
The information contained in this pamphlet consists of excerpts
from an office publication not available for general distribution.
The numbers at the end of the sections indicate the numbers of the
sections of the Bureau regulations in effect August 27, 1921.
ATTORNEYS.
1. A person appearing of record in the Bureau of Pensions as
having complied with the regulations prescribed by the Secretary of
the Interior for the recognition of agents or attorneys before the
Department of the Interior may be recognized to prosecute any
claim for pension or bounty land in which the law does not prohibit
the employment of an attorney or the payment of an attorney's fee,
on filing a power of attorney from the claimant: Provided, however,
That the Commissioner of Pensions, in his discretion, may recognize
such person without compensation in any claim for pension or bounty
land heretofore filed, or that may hereafter be filed, in which the law
prohibits the payment of such fee: And provided, That where the
power of attorney is in the name of a firm of agents or attorneys
some duly qualified member thereof must enter an appearance therein
on behalf of the firm (344).
2. No person can be recognized as an agent or attorney before
this bureau until he shall have complied with the regulations adopted
in pursuance of the act of July 4, 1884. If the attorney has not
complied with such regulations he shall be so notified and furnished
with the proper blanks and a copy of such regulations and of the
oath required (346).
3. The relation of " principal and agent" is that which shall be
recognized as the relation subsisting between claimants and those
acting for them in prosecuting their claims before this bureau (348).
4. Consent of the attorney of record to a revocation or a transfer
of his power shall be required, except in such cases as are otherwise
permitted by the commissioner (349).
5. Transfers of attorneyship must be acknowledged before some
officer authorized to administer oaths for general purposes in the
presence of two witnesses. who must sign their names to the instru-
ment of transfer (350).
68580-21
2
INFORMATION RELATING TO ARMY AND NAVY PENSIONS.
6. In all transfers of attorneyship a separate slip must be filed
for each claim transferred, showing its number, the name of the
claimant, the name of the soldier or sailor, the service on which the
claim is based, and the name and address of the transferee (351).
7. A transfer not general in character, but of a limited number
of claims, from one agent, attorney, or firm to another, must be
accompanied also by a schedule, alphabetically arranged, showing
for each claim the data required on said slips (352).
8. A transfer made by the legal representative of deceased or
incompetent agent or attorney must be accompanied by a duly
authenticated certificate of an officer of the court having jurisdiction
showing the authority of such representative (353).
9. The written consent of the claimant is necessary to entitle a
transferee to recognition in an incomplete claim, the transfer of
attorneyship in all such cases being subject to protest (354).
10. In the event of death if there be no administration, the trans-
fer must be executed by the widow or heir, or heirs, and must include
a statement as to the death of the attorney, the date thereof, the
name of his widow, if any, or the name or names of his heir or heirs,
that no administration will be had, and that there is no objection to
the transfer on the part of anyone having a claim against the estate.
This affidavit must be corroborated by the affidavits of two disinter-
ested persons having knowledge of the facts (355).
11. No agent or attorney shall have power to make a valid assign-
ment of any claim in which he has been recognized, even with the
written consent of the claimant, unless he is at the time of such assign-
ment and of such consent in good standing before the Bureau of
Pensions (356).
12. Only a duly executed power of attorney confers upon an agent
or attorney the right to appear in a case or to receive any infor-
mation therein, and examiners shall, upon the receipt of a duly
executed power of attorney, no other attorney having prior rights,
inform the agent or attorney thereby empowered of the condition of
the case and at the proper time call upon him for all the necessary
proof.
Articles of agreement and every power of attorney, in order to be
recognized by the bureau, must specify the particular claim in the
case to which they are intended to apply (357).
13. No power of attorney purporting to be executed by a claimant
shall be recognized as good and valid unless the same be signed by
the claimant in the presence of two witnesses, neither of whom is
the attorney of record in the claim, and acknowledged before a
officer duly authorized to administer oaths for general purposes,
whose official signature is certified under seal and who is not interested
in the prosecution of the claim to which the power of attorney may
relate (358).
INFORMATION RELATING TO ARMY AND NAVY PENSIONS.
3
14. Every officer of the United States or person holding any place
of trust or profit or discharging any official function under or in con-
nection with any executive department of the Government of the
United States, or under the Senate or House of Representatives of
the United States is prohibited, under a heavy penalty, from acting
as an agent in a claim for pension or from aiding and assisting in any
manner, otherwise than in the discharge of his proper official duties,
in the prosecution of such claim. (Sec. 109, Crim. Code, 35 Stat. L.,
p. 1107.)
(359.)
15. Every agent, attorney, or other person who shall, directly or
indirectly, request of any Member of either House of Congress, or of
any United States Government official or representative (other than
one whose duty it is under the law to supervise and administer the
laws, rules, and regulations governing the granting of pensions and
bounty land) aid or assistance in the prosecution of a pension or
bounty-land claim, or who shall, directly or indirectly, request or
advise a claimant to seek such aid in the prosecution of a pension or
bounty-land claim, shall be held to have abandoned the claim as agent
or attorney and shall thereby forfeit his agency or attorneyship in
such claim (360).
16. Every agent, attorney, or other person recognized by the
Department of the Interior as entitled to practice before the Bureau
of Pensions who shall violate the provisions of the preceding section
shall be held thereafter incompetent to prosecute claims before said
bureau within the meaning of section 5 of the act of July 4, 1884, and
shall thereby subject himself to suspension or disbarment from prac-
tice before the Bureau of Pensions (361).
17. In all claims for pension where the evidence necessary to com-
plete them was filed by the agent or attorney prior to suspension or
disbarment from practice, and in which the certificate does not issue
until subsequent thereto, such agent or attorney may be recognized
as though he had not been suspended and may be paid, his fee (362).
18. If an agent or attorney is disbarred pending the adjudication
of a claim, and if, while such disbarment is in force, the claim is
adjudicated and the certificate issued without certification of a fee
by reason of such disbarment, and if thereafter said agent or attorney
is restored to practice, and if claimant has not, by reason of such
disbarment, canceled or revoked the authority theretofore existing,
upon such restoration as aforesaid the lawful fee shall be certified and
paid to such agent or attorney (363).
19. When a claimant during the disbarment of his agent or
attorney of record employs another, who prosecutes the claim to
final adjudication, no fee shall be certified the disbarred agent or
attorney upon his restoration to practice (364).
20. No calls for evidence or notices of medical examinations or
the like should be addressed to disqualified attorneys (365).
4.
INFORMATION RELATING TO ARMY AND NAVY PENSIONS.
21. In all cases where certificates issue subsequent to the resto-
ration of the agent or attorney prosecuting the claim, it having
been completed during his suspension without the interposition of
another agent or attorney or revocation by claimant of his author-
ity, said restored agent or attorney should be recognized, notwith-
standing his power was filed prior to the date of his restoration (366).
22. The rule directing payments of fees to suspended agents or
attorneys in claims completed prior to their suspension shall not be
construed to authorize payment of fees in cases in which action on
such pending claims was suspended on account of any irregularity or
informality in the papers or evidence presented by such agents or
attorneys in the prosecution of such claims (367).
23. An applicant shall be allowed during the suspension of an
agent or attorney previously empowered to act in said applicant's
claim to appoint another agent or attorney because of the inability
of the former agent or attorney to act for claimant before the depart-
ment, even though the said inability should prove to have been but
temporary (368).
24. No fee shall be allowed to a guardian who prosecutes the claim
of his ward, or to a firm of attorneys of which the guardian is a
member (369).
25. No request of an agent or attorney for consideration of his
title to a fee shall be entertained unless the same shall be filed in the
Bureau of Pensions within one year from the date of issue of the cer-
tificate upon which such fee is claimed (370).
26. Agents or attorneys practicing before this bureau are required
to state the names of all subagents or correspondents assisting them
in the prosecution of claims for pension or bounty land, and the
interest said subagents or correspondents have in the prosecution of
such claims or fees therein. Any agent or attorney in good standing
before the bureau who knowingly employs any person as a subagent
or correspondent prohibited from practicing before the department
shall be recommended for suspension from practice (371).
27. Cases pending in this bureau shall not be taken up upon the
verbal requests of attorneys or claim agents, nor in their behalf
except upon a separate written inquiry in each case signed by the
attorney or agent and in regular course of business (372).
28. No claim pending in the Bureau of Pensions shall be con-
sidered out of its regular order upon the request of an agent or
attorney, or any other person except for good cause shown and upon
the order of the Commissioner of Pensions (373).
29. A change of guardian in any case during the pendency of a
claim for pension does not affect the right of the original attorney
to recognition and to the fee agreed upon with the guardian who
appointed him (374).
?
INFORMATION RELATING TO ARMY AND NAVY PENSIONS.
5
30. The willful withholding of evidence by an agent or attorney for
any cause shall be reported to the Secretary of the Interior for his
action (375).
31. In claims for pension and bounty land no greater fee than is
authorized by law can be legally received by an agent or attorney
or any other person for prosecuting such claim for pension or bounty
land, and upon satisfactory proof that any agent or attorney has,
subsequent to July 4, 1884, received directly or indirectly from the
claimant any sum or sums for his services in the prosecution of the
claim, said agent or attorney shall be reported to the Secretary of
the Interior for disbarment (376).
32. Where an agent, attorney, or other person incurs any expense
in the prosecution of a claim before the Bureau of Pensions, he must
file a sworn itemized account of such expense with the Commissioner
of Pensions and secure the approval thereof before demanding or
receiving reimbursement from the claimant or pensioner (377).
33. In a claim under the act of March 2, 1895, for the accrued
pension due in an admitted case from the date of last payment to
pensioner's death, the agent or attorney of record is permitted, upon
the allowance of the claim, to receive as a fee, direct from the claimant
or beneficiary, 10 per cent of the amount of the accrued pension paid;
but in no event shall such agent or attorney be permitted to demand,
receive, or retain a fee in excess of $10 in any one claim (378).
34. When an agent or attorney is called upon by the Commis-
sioner of Pensions to furnish evidence in any claim he shall be allowed
90 days within which to furnish same or to give reasons why he fails
to do so.
Before such agent or attorney is dropped or`another
recognized (at any time within one year) he shall be given 30 days'
notice to show cause why he is not guilty of laches. In the event
that such answer be not filed within 30 days from the mailing of such
notice, or that the answer thereto be held by the Commissioner of
Pensions to be insufficient, claimant shall be notified of such failure
and may file the same, either by himself or by such other attorney
as he may elect; and upon the recognition of such other attorney
the former agent or attorney shall be estopped from claiming any fee
(379).
35. An agent or attorney shall be required to exercise due dili-
gence in all cases in which he is recognized. Neglect to prosecute a
claim for one year shall be held, in default of cause shown, conclusive
evidence of the abandonment of a claim by an agent or attorney,
and claimant shall be so advised. To call up a case shall not be held
of itself a substantial compliance with any specific requirement of
the Commissioner of Pensions (380).
36. Agents and attorneys are required to
with the office with decorum and courtesy.
conduct their business
Papers in violation of
6
INFORMATION RELATING TO ARMY AND NAVY PENSIONS.
this requirement may, by order of the commissioner, be returned.
Flagrant violation of this rule shall be cause for disbarment (381).
37. Upon the rejection of a claim for pension or bounty land the
agent or attorney of record shall be notified of such rejection and the
reason therefor, and shall be allowed 90 days from the date of such
notice within which to file a motion for reconsideration, supported
by material evidence, or within which to enter an appeal to the
Secretary of the Interior; and on his failure to do either he shall be
held to have abandoned the case, and the claimant may employ any
other duly qualified agent or attorney further to prosecute the claim
(382).
38. The claimant shall have the privilege of exercising his right
at any stage of the claim to revoke a power of attorney and dis-
charge his agent upon a showing of cause deemed good and sufficient.
by the commissioner (383).
39. The full fee payable by the bureau shall be paid on the issu-
ing of the first certificate, provided, of course, there is an allowance
sufficient for that purpose (384).
40. All articles of agreement in claims for pension or bounty land
that conform to the requirements of the law and regulations shall be
accepted if filed prior to the date of the issue of the certificate or of the
bounty-land warrant (385).
41. No articles of agreement filed under the act of July 4, 1884,
shall be recognized as valid, and no fee shall be paid thereunder, unless
the claimant's signature thereto is witnessed by two attesting wit-
nesses and acknowledged before some officer authorized to administer
oaths for general purposes whose official signature is certified under
seal.
The attorney's acceptance of such agreement must also be executed
before some officer duly authorized to administer oaths for general
purposes whose official signature is certified under seal (386).
42. No power of attorney or articles of agreement shall be accepted
as valid wherein the claimant's acknowledgment is taken before an
officer who is the agent or attorney named therein, or where the agent
or attorney acts as one of the attesting witnesses to claimant's
signature to such instrument (387).
43. A declaration, affidavit, or any paper requiring execution or
acknowledgment in connection with a claim for pension or bounty
land must be executed or acknowledged before an officer duly author-
ized to administer oaths for general purposes who is not interested in
the prosecution of the claim to which said paper pertains, and the
jurat must so show. An agent or attorney who shall file any paper
containing in the jurat a false statement that the officer before whom
such paper was executed or acknowledged is not interested in the
INFORMATION RELATING TO ARMY AND NAVY PENSIONS.
7
prosecution of the claim, or any statement equivalent thereto, when
in truth and in fact such agent or attorney has entered into a con-
tract, agreement, or understanding with such officer by virtue of
which said officer is to receive compensation or a commission from
such agent or attorney, in the event of the allowance of the claim,
may be recommended to the Secretary of the Interior for disbarment
from practice before the Bureau of Pensions (388).
44. Articles of agreement, to be recognized as valid by the Com-
missioner of Pensions, must be in duplicate and in the form prescribed
by order of July 8, 1884, and have printed upon the reverse: "Notice
to claimant:" "This agreement is permissible under the law, but not
compulsory," and a copy of the act of July 4, 1884.
Such articles of agreement are accepted as containing a power of
attorney when they are not contrary to law or these regulations (389).
45. The following is the form of articles of agreement prescribed
by the Commissioner of Pensions and approved by the Secretary of
the Interior July 8, 1884, under the provisions of the act of Congress
approved July 4, 1884 (390).
(To be executed in duplicate without additional cost to claimant.)
ARTICLES OF AGREEMENT.
Whereas I,
Volunteers, war of
of the United States:
late a
in company
of the ..
Regiment of
……, having made application for pension under the laws
Now this agreement witnesseth, That for and in consideration of services done and
to be done in the premises, I hereby agree to allow my attorney,...
>
of
the fee of ...... dollars, which shall include all amounts to be paid for any
service in furtherance of said claim; and said fee shall not be demanded by or payable
to my said attorney, in whole or in part, except in case of the granting of my pension
by the Commissioner of Pensions; and then the same shall be paid to him in accordance
with the provisions of sections 4768 and 4769 of the Revised Statutes, United States.
(Signature of claimant.)
(Post-office address.)
(Signatures of two witnesses.)
STATE OF
·
County of
SS:
day of
in the
Be it known that on this, the
A. D. 1...., personally appeared
the above named, who, after having had read over to ..
hearing and presence of the two attesting witnesses, the contents of the foregoing arti-
cles of agreement, voluntarily signed and acknowledged the same to be...... free act
and deed.
[L. S.]
(Official signature.)
A. D., 1.
-
And now, to wit, this.... day of ...
accept the provisions
contained in the foregoing articles of agreement, and will, to the best of ...ability,
endeavor faithfully to represent the interest of the claimant in the premises.
hereby certify that
have received from the claimant above named the sum of
dollars being for fee, and the sum of ... ... dollars
being for postage and other expenses. And that these agreements have been executed
-
dollars, and no more;
со
INFORMATION RELATING TO ARMY AND NAVY PENSIONS.
in duplicate, without additional cost to the claimant, as required by law, in excess
of the fee above named, the said attorney making no charge therefor.
Witness
-
hand the year and day above written.
STATE OF
Personally came
County of..
(Signature of attorney.)
SS:
>
whom I know to be the person
represents
to be, and who having signed above acceptance of agreement, acknowledged
the same to be ...... free act and deed.
[L. S.]
Approved for
attorney.
(Official signature.)
dollars, and payable to
of
, the recognized.
Commissioner of Pensions.
46. Where only one copy of articles of agreement is filed, attorneys
shall be allowed to file a duplicate of the same, executed by both
parties in interest at any time before the issuing of the certificate or
bounty-land warrant. When a claim for bounty land has been
allowed and the warrant issued, one approved copy of the articles of
agreement shall be forwarded to the agent or attorney of record and
the other preserved in the files of the claim. The bounty-land war-
rant shall be forwarded direct to the party entitled to the possession
thereof (391).
47. Articles of agreement and powers of attorney not properly
executed for any cause must be retained in the claim and the attorney
advised why same can not be accepted (392).
48. An agent or attorney may request and receive from a claimant
a sum not exceeding 50 cents for postage in the prosecution of any
one claim, original or increase, but compliance with such request of
the agent or attorney is optional with the claimant. Agents and
attorneys are not allowed to demand a sum for postage as a right or
to refuse to prosecute a claim where the request for postage is not
complied with (393).
49. Attorneys presenting questions for the consideration of the
Law Division shall submit their points, authorities, and arguments
in writing, and shall not be permitted to enter that division either
to examine cases or to make oral arguments. Communications on
such matters may be addressed to the Commissioner of Pensions
and marked "For the Law Division," and may be transmitted by
mail or left with the chief clerk (395).
50. Motions to reconsider rulings and decisions of the Law Divi-
sion shall not be entertained by that division unless it plainly appears
that some act of Congress, decision of the Secretary, ruling of the
commissioner, or some controlling evidence in the case was over-
looked (396).
51. Fee agreements which are regular in every particular except
that the blanks in the attorney's acceptance relating to advance
payment of part of the fee and of any amount for postage have not
been filled in by the attorneys shall not be wholly disregarded. The
INFORMATION RELATING TO ARMY AND NAVY PENSIONS.
9
fee should be withheld in such cases and the matter referred to the
Law Division for appropriate action (397).
52. Every agent, attorney, or other person recognized by the
Department of the Interior as entitled to practice before the Bureau
of Pensions shall submit to the Commissioner of Pensions copies of all
proposed advertising matter intended to solicit business before the
Bureau of Pensions, and if the same be not disapproved by the Com-
missioner of Pensions and the agent or attorney so notified within
10 days from the date of filing the same shall be held, prima facie,
approved (399).
53. Advertising matter may contain clear, correct, and explicit
statements of the law, the name and address of the attorney, and the
information that he prosecutes claims for pension and bounty land
(400).
})
54. The use by an agent or attorney of the characters "U: S.,'
or the words "United States," as a part of his title, or of the title of
his business, is misleading and shall not be permitted (401).
55. Where, through a mistake of fact or fraud on the part of an
agent or attorney, a fee to which he is not entitled has been paid to
him he shall be required to refund the same on demand by the Com-
missioner of Pensions; and his failure or refusal to refund, after such
demand, shall render him liable to suspension or disbarment from
practice before the Bureau of Pensions (402).
56. A State officer, charged with the duty of looking after the
interests of claimants for pension, may have information in con-
nection with a claim for pension, where designated by the claimant,
and such officer shall be advised as to calls for evidence and the final
disposition of the claim (403).
57. Section 190, Revised Statutes United States, provides that-
It shall not be lawful for any person appointed after the first day of June, one
thousand eight hundred and seventy-two, as an officer, clerk, or employee in any
of the departments, to act as counsel, attorney, or agent for prosecuting any claim
against the United States which was pending in either of said departments while he
was such officer, clerk, or employee, nor in any manner, nor by any means, to aid
in the prosecution of any such claim within two years next after he shall have ceased
to be such officer, clerk, or employee.
58. TABLE OF ATTORNEY FEES ALLOWED BY LAW.
In original claims allowed under all general laws (except such acts as do not
provide for payment of a fee), (sec. 4, act July 4, 1884) a fee—
On properly executed articles of agreement, any amount contracted
for not exceeding..
Without articles of agreement..
Act June 27, 1890 (sec. 4 of said act)
Act Apr. 19, 1908 (sec. 2 of said act).
Act Sept. 8, 1916..
$25.00
10.00
10.00
10.00
10.00
10 INFORMATION RELATING TO ARMY AND NAVY PENSIONS.
Act May 11, 1912, on original allowance only and only in cases where such
allowance is made to a person who was not a pensioner under any law at
passage of the act, and had never received a pension prior to that date.
On properly executed articles of agreement, any amount contracted for
not exceeding…..
$25.00
10.00
Without articles of agreement..
Act March 4, 1917-
On properly executed articles of agreement, any amount contracted
for not exceeding..
25.00
Without articles of agreement..
10.00
Act July 16, 1918..
10.00
Act May 1, 1920 (original claims).
10.00
-
Act June 5, 1920—
Without articles of agreement.
On properly executed articles of agreement, any amount contracted
for not exceeding..
Supplemental claims allowing pension—
20.00
10.00
For child by former marriage, if filed by new attorney.
For helpless child—
10.00
If named in original application, but new attorney presents claim..
If not so named, whether supplemental claim be filed by new or
original attorney.
10.00
10.00
For posthumous child, born after filing claim, unless expressly
exempted by mutual agreement between claimant and attorney..
Rerating or reissue to correct rate or date of commencement, if filed by new
attorney (11 P. D., 202)..
Reduction in rate of pension, for services rendered in preventing (Secretary's
decision, Dec. 27, 1900, case of Charles Hebel, certificate No. 113168)....
Dropping pensioner's name from roll, for services rendered in preventing
(9 P. D., 236)……..
10.00
10.00
10.00
10.00
Renewal, restoration, removal of suspension, etc., cases of difficulty and
trouble" (sec. 4, act July 4, 1884), commissioner may recognize articles of
agreement for not exceeding (8 P. D., 182)...
25.00
Restoration-
Dropped for loss of title on testimony taken by a special examiner show-
ing that the disability or cause of death on account of which pension
was allowed did not originate in line of duty, and in cases of dependent
relatives whose names were dropped, on like testimony, upon the
ground of nondependence (act July 4, 1884), in claims under all gen-
eral laws (except act June 27, 1890, act Apr. 19, 1908, and such acts as
do not provide for payment of a fee)—
On properly executed articles of agreement, any amount contracted
for not exceeding……..
25.00
Without articles of agreement..
10.00
Under act June 27, 1890...
10.00
Under act Apr. 19, 1908.
10.00
Where dropped under sec. 4719, R. S. (4 P. D., 405)..
10.00
Increase claims-
Mexican War, Jan. 5, 1893, and amendatory acts, in which fee was not
paid prior to Sept 20, 1902 (12 P. D., 505)...
10.00
In cases where increase is granted because of increase of the disability
for which pension was originally allowed (act Mar. 3, 1891)..
2.00
INFORMATION RELATING TO ARMY AND NAVY PENSIONS.
11
59. Not payable on order of Commissioner of Pensions, but a matter
of contract between claimant and attorney, subjecting the latter to
disciplinary proceedings in the event of extortion or unreasonable-
ness.
Reimbursement and accrued pensions, act Mar. 2, 1895, due deceased pen-
sioners: Attorney may collect 10 per cent of accrued pension paid, but
fee must not exceed..
Divided pensions, act Mar. 3, 1899 (10 P. D., 403): Attorney may collect
reasonable fee, and in absence of abuse or misconduct on his part, justify-
ing disbarment, Commissioner of Pensions has no authority.
60. Cases wherein fees are denied.
By law:
Act July 4, 1884, arrears of pension allowed by Congress subsequent to
original grant.
Act Mar. 19, 1886, increasing rates of pension to certain widows.
Act Aug. 5, 1892, granting pensions to Army nurses...
$10.00
No fee.
No fee.
No fee.
Act Mar. 3, 1901, and act Feb. 28, 1903, amending sec. 4708 R. S., giving
pensionable status to certain remarried widows....
No fee.
Act Feb. 6, 1907, granting pensions to certain survivors of the Mexican
and Civil Wars.
No fee.
Act May 28, 1908, for services in introducing or securing the passage of a
private act of Congress granting a pension..
No fee.
Act May 11, 1912, if a pensioner at date of the passage of the act, or had
been a pensioner prior to its approval……….
No fee.
By departmental construction or regulations:
Increase of pension by operation of law.
No fee.
Claim filed by State agent or commissioner (7 P. D., 293).
No fee.
Wherein power of attorney only is filed (4 P. D., 356; 7 P. D. 517)
Wherein no service is rendered (7 P. D., 517). .
No fee.
.
-
No fee.
Wherein attorney transmits only order for medical examination or rea-
sons for claimant's failure to appear for such examination (9 P. D., 375),
unless in response to bureau call...
No fee.
Where guardian, as attorney, prosecutes claim of his ward, or firm of
attorneys of which guardian is a member, prosecutes such claim (rule
15, practice).
No fee.
Where no fund accrues by reason of allowance out of which fee could be
paid (8 P. D., 139; 11 P. D., 149).
No fee.
Reissue to include new disability, if no increase (8 P. D., 139).
No fee.
-
Rerating or reissue to correct rate or date of commencement, if same attor-
ney as in original claim (7 P. D., 359; 13 P. D., 75). ..
Securing new or duplicate pension certificate (8 P. D., 261).
Supplemental claims allowing pension-
No fee.
No fee.
For child by former marriage if claim be filed by original attorney
(7 P. D., 47; 16 P. D., 546)..
No fee.
For helpless child if child named as helpless in original declaration,
to original attorney (9 P. D., 117).
No fee.
Act Sept. 8, 1916, increase and renewal.
No fee.
Act May 1, 1920 (increase).
No fee.
61. Postage.
By order of May 26, 1891, attorneys may receive from and after April 22,
1891, for postage in any one claim..
$0.50
12
INFORMATION RELATING TO ARMY AND NAVY PENSIONS.
62. Attorneys or agents shall not use or permit any of their em-
ployees to act as identifying or attesting witnesses to any application,
affidavit, power of attorney, fee agreement, or other paper, filed in
the prosecution of a claim for pension or bounty land warrant.
63. Attorneys or agents shall not contract for, demand, or receive,
directly or indirectly, any compensation whatsoever, for advice or
consultation concerning the pension and bounty land laws, except
such compensation as may be lawfully paid by order of the Commis-
sioner of Pensions, whether a claim has been or is thereafter filed for
the person in whose behalf such advice or consultation is had. Any
attorney or agent who shall violate the provisions of this or the pre-
ceding section shall be held thereafter incompetent to prosecute
claims before the Bureau of Pensions within the meaning of section
5 of the act of July 4, 1884, and shall thereby subject himself to sus-
pension or disbarment to practice before said Bureau.
DECLARATIONS AND EVIDENCE.
64. The authority given to fourth-class postmasters and rural free-
delivery carriers to administer oaths to pensioners and their witnesses.
in the execution of their vouchers does not apply to the execution
of any other paper.
65. All declarations and affidavits must be executed before some
officer duly authorized to administer oaths for general purposes, in
accordance with the provisions of the act of Congress approved
July 26, 1892.
An affidavit in support of a claim for pension, or other purpose in
the Pension Bureau, must be duly subscribed by the party making
the same, and sworn to before some officer authorized to administer
oaths for general purposes.
66. Blank forms of declarations shall be furnished to claimants
upon application therefor. They shall not be furnished to agents or
attorneys, but sample forms shall be sent on request.
67. A claimant under any law may prosecute his claim in person,
or by attorney under certain laws, and his claim shall receive the same
consideration by the Bureau of Pensions if prosecuted in person as
if by attorney.
WITNESSES AND TESTIMONY,
68. A declaration executed before an officer who is claimant's
attorney is accepted by the Bureau of Pensions as good and valid,
but under the practice such magisterial act vacates any rights which
may be conferred on him in the power of attorney therein embodied
(499).
69. Evidence executed before an officer who is claimant's attorney
or before any person who has a manifest interest therein shall not be
considered. It is held by the Secretary of the Interior, however,
INFORMATION RELATING TO ARMY AND NAVY PENSIONS. 13
that evidence so executed, wherein the certificate of such officer
contains a clause setting forth that "he is in no wise interested in the
claim nor concerned in its prosecution" is good and valid, but the
rights such officer may have had as attorney in the case are thereby
abandoned. All certificates of executing officers should certify that
they have no interest in the claim (500).
70. Every fact required to be proved should be shown by the best
evidence obtainable. Every witness should state whether he has any
interest, direct or indirect, in the prosecution of the claim in which he
may testify; whether he is related to the claimant, and if so, how;
and should give his post-office address, with street and number, or
rural free-delivery route, if any.
71. Witnesses should not merely confirm the statements of other
parties, but should give a detailed statement of the facts known to
them in regard to the matter concerning which they testify, and
should state how they obtained a knowledge of such facts. The
officer taking the deposition or affidavit should certify in his own
handwriting as to his knowledge of the credibility of the witnesses.
If they sign by mark, the signature must be attested by two witnesses
who write, and the officer must certify that the contents of their
depositions or affidavits were read to them before he administered
the oath.
72. Affidavits should be free from interlineations and erasures.
When an alteration is made in an affidavit, or an addition is made
thereto, it must appear by the certificate of the officer who admin-
istered the oath that such alteration or addition was made with the
knowledge and sworn consent of the affiant.
73. In all affidavits from surgeons or physicians the portion de-
tailing the nature of the disability, dates of treatment, and date
of death, symptoms and opinions as to connection between diseases
or injury and disease should be in the handwriting of the party by
whom it is signed. The testimony of any person testifying as an
expert should be prepared by some one professionally competent
to do so.
74. The official certificates of judicial officers using a seal or of
commissioned officers of the Army or Navy in actual service shall be
accepted without being sworn to, but all other witnesses must testify
under oath.
ADDRESSES OF PENSIONERS OR CLAIMANTS FOR PENSION.
75. a. Pensioners and claimants for pension desiring their mail
sent to cities or towns with a population of 5,000 or more having
free mail delivery must give their post-office addresses, their street
and number, number of post-office box, rural free delivery route, or
general delivery," as the case may be. "General delivery" addresses
14
INFORMATION RELATING TO ARMY AND NAVY PENSIONS.
shall be accepted only in case it be shown that no other address
such as above specified is available.
b. Addresses in care of another person shall not be accepted for the
transmission of pension certificates or anything of value, or which
might be appropriated or wrongfully used by another person, nor
shall any communication be mailed to a claimant for pension or
increase at a street and number, or post-office box address which is
the same as that of the attorney prosecuting the claim.
76. Where it is shown that a pensioner or claimant has resided
for a number of years at the address given in his application, or has
more recently answered communications addressed to him in which
street number, post-office box, or rural free delivery route was not
used, it may be assumed that another address is not available.
GUARDIANSHIP.
77. Every guardian, or other person receiving pension in a fidu-
ciary capacity, must biennially file in the bureau a certificate of the
court to which such fiduciary is accountable, showing that he has
accounted to the court, as required by law, and that the account has
been approved or that the requirement for accounting has been waived
by the court, if such is the fact. Blank form of certificate shall be fur-
nished each guardian or committee and must be used by him. In
case of failure to file such certificate, payment on the voucher with
which it is required, and all subsequent payments, shall be withheld
pending the receipt thereof.
INSPECTION OF PAPERS.
78. The examination of papers relating to claims for pension or
bounty land, by attorneys, counsel, or agents, shall not extend to
reports from the governmental departments and bureaus, confiden-
tial communications, or reports of special examiners relating to crim-
inal charges and investigations.
79. a. The act of July 18, 1894, which permits the examination
and inspection of reports of examining surgeons by the claimant or
his attorney, under such reasonable rules and regulations as the Sec-
retary of the Interior may provide, must be complied with in such
manner as will afford all proper information to claimants and their
attorneys in all pending claims, and at the same time interfere as little
as may be with the work of the bureau.
b. No one but the claimant in person and his recognized attorney
in the claim, or said attorney's subagent, including the confidential
clerk (duly accredited) of each, shall be permitted to examine the
reports of examining surgeons filed in the claim, and such examina-
tion shall be made subject to the rules of the Pension Bureau in respect
to the calling up and examination of cases by attorneys.
INFORMATION RELATING TO ARMY AND NAVY PENSIONS.
15
c. Said act of Congress does not permit the copying of such reports
or any portion thereof. No person shall be permitted to take copies
or make memoranda from such reports..
80. No examination of reports of examining surgeons shall be per-
mitted in admitted cases wherein there is no claim pending.
81. No examination of such reports shall be permitted in rejected
cases, after the lapse of three months from the date of rejection, until
the claim has been regularly reopened according to the practice of the
bureau, or unless an appeal from the decision is pending.
82. No one except the clerk in charge will be permitted to examine
any certificate of disability for discharge, report of medical survey,
or certificate of death in the Navy before the same shall have been
applied to a pending claim, except upon the order of the commissioner,
deputy commissioner, or chief clerk, or upon the written request of
the Chief of the Law Division or the Chief of the Special Examination
Division.
RETURN OF PAPERS.
83. Certificates of discharge, marriage certificates, family records,
personal letters, diaries, bills and receipts, and other personal papers
or articles which may have been filed in claims for pension, may, in
the discretion of the commissioner, be returned through the Law
Division upon request of the persons entitled thereto, and whenever
papers so returned constitute part of the material and essential evi-
dence in a claim, photostats or other copies of the same, or of so
much thereof as may appear to possess evidential value, shall be
placed in the case.
PAYMENT.
84. The mailing of a pension check in payment of pension due,
issued on voucher, constitutes payment in the event of the death of
the pensioner subsequent to the execution of the voucher therefor.
85. a. In nonvoucher cases the proper delivery of a pension check
during the lifetime of the pensioner constitutes payment in the event
of the death of the pensioner prior to indorsement thereof. In such
cases the checks become a part of the assets of the estate of the
deceased pensioner.
b. All inquiries relative to the payment of such checks should be
addressed to the General Accounting Office, Interior Department
Division.
MISCELLANEOUS.
86. Applications for certificate of service in lieu of lost discharge
should be filed with The Adjutant General, United States Army, War
Department, in Army cases, and with the Chief of the Bureau of
Navigation, Navy Department, in Navy cases.
87. Applications for back pay, extra pay, or bounty money for
military service should be filed with the General Accounting Office,
16
INFORMATION RELATING TO ARMY AND NAVY PENSIONS.
War Department Division; for bounty, extra pay, or prize money for
naval service with the General Accounting Office, Navy Department
Division.
88. Applications for artificial limbs or mechanical appliances
should be filed with the Surgeon General, United States Army, War
Department.
89. Applications for headstones for graves of deceased soldiers.
should be filed with the Quartermaster General, United States Army,
War Department.
WASHING.ON COVERNMENT PRINTING OFFICE : 1921