U B 373 DEPARTMENT OF THE INTERIOR A I Q FRANKLIN K. LANE, SECRETARY BUREAU OF PENSIONS GAYLORD M. SALTZGABER, COMMISSIONER LAWS OF THE UNITED STATES GOVERNING THE GRANTING OF ARMY AND NAVY PENSIONS TOGETHER WITH REGULATIONS RELATING THERETO UC-NRLF COMPILED UNDER THE DIRECTION OF THE COMMISSIONER OF PENSIONS AND PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF S :CTION 4748, REVISED STATUTES WASHINGTON GOVERNMENT PRINTING OFFICE 1917 31571 DEPARTMENT OF THE INTERIOR FRANKLIN K. LANE, SECRETARY BUREAU OF PENSIONS GAYLORD M. SALTZGABER, COMMISSIONER LAWS OF THE UNITED STATES GOVERNING THE GRANTING OP ARMY AND NAVY PENSIONS TOGETHER WITH REGULATIONS RELATING THERETO COMPILED UNDER THE DIRECTION OF THE COMMISSIONER OF PENSIONS AND PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 4748, REVISED STATUTES WASHINGTON GOVERNMENT PRINTING OFFICE 1917 W B CONTENTS. Page. CHAP. I. Administrative organization 5 II. Pensions based on service prior to March 4, 1861 9 III. Invalid pensions based on service since March 4, 1861 20 IV. Pensions to widows and dependent relatives based on service since March 4, 1861 44 V. Navy and privateer pension fund 54 VI. Applications and attorneys 56 VII. Physical examinations 80 VIII. Payment of pensions 83 IX. Miscellaneous statutes and tables of rates 94 X. Crimes 114 XI. Information relating to Army and Navy pensions 129 Index 149 REVISED STATUTES QUOTED. Sec. 169. Departmental employees, appointment 5 173. Chief clerks, duties of 5 174. Chief clerks to administer oaths 5 183. (Amended by act Mar. 2, 1901, and act Feb. 13, 1911.) Investiga- tion of misconduct, etc., of officer or agent of the Government ; oaths 7 184. Subpoenas for witnesses 7 185. Witness fees in official investigations 7 186. Process to enforce obedience to subpoena 7 187. Professional assistance ; how obtained 7 190. Prohibition against former executive department employees 57 224. Loss of certificate of discharge, duplicate not evidence in any claim against the United States 98 437. Department of the Interior, creation of 5 441. Secretary of the Interior, jurisdiction of 5 470. Commissioner of Pensions, appointment of 5 471. Commissioner of Pensions, duties of 5 472. Deputy Commissioner of Pensions, appointment, etc 5 1044. Statute of limitation 114 1045. Fleeing from justice 114 3656. Widows' and minors' half-pay pensions 9 1657. Invalid pensions for Florida Indian War 9 1778. Notaries and United States commissioners may administer oaths 57 1784. Presents, etc., to superiors prohibited 5 2064. Acknowledgments before Indian agents 57 2757. Revenue cutters to cooperate with Navy 21 3478. Claim agents to take oath, etc 58 3479. Who may administer oaths 58 4692. Pensions for disabilities incurred since March 4, 1861 20 4693. Persons entitled to pension enumerated 20 4694. Limitation in case of disability incurred since July 27, 1868 27 4695. Rate prescribed for total disability in accordance with rank 28 4696. Rank when disability incurred governs rate 29 4697. Rates of pension for permanent and specific disabilities prior to June 4, 1872 34 4698. Rates of pension for permanent and specific disabilities subsequent to June 4, 1872 35 M83569 IV CONTENTS. Sec. 4698$. Increase of pension for nonspecific disabilities ; commencement 40 4699. Divisible rate ($18) ; nonspecific disabilities 4700. Line of duty sick leave ; veteran furlough ; sick furlough 4701. Termination of service 4702 (amended by act Aug. 7, 1882). Widows and minor children, when entitled 4703. Increase to widow on account of minor child ; period of payment 4704. Legitimacy of children 4705. Widows of colored and Indian soldiers; marriage; legitimacy of children 4706. Abandonment by widow of minor child or children forfeits pension ; date of commencement to minor 4707. Dependent relatives; succession of title; commencement; rate and termination of pension 49 4708 (amended by acts Mar. 3, 1901, and Feb. 28, 1903). Marriage, effect of, in the case of a widow, dependent mother, or dependent sister pensioner - 51-53 4712. Anterebellion rates to be varied by subsequent laws 4713. Commencement of anterebellion pensions 4715. Two pensions not allowable ; right of election 4716. Disloyalty bar to pension 4719. Pension terminated by three years' failure to claim ; restoration.. 4720. Rate, commencement, and duration of pension granted by special act of Congress; authority to suspend vested in Commissioner of Pensions 4722. Missouri Militia ; pensions for survivors, their widows, and minors. 4724. Both invalid pension and pay of rank not allowable, unless, etc 97 4725, 4726, 4727. Half pay to widows and children, old war ; commence- ment 4728. Navy, invalid pensions prior to March 4, 1861 4729. Navy, widow pensions prior to March 4, 1861 4730. Mexican War; invalid pensions 4731. Mexican War ; pensions for widows and children 15 4732. War of 1812 and various Indian wars, pensions for widows and minor children 4733. Continuance of pension to certain persons 4734. Pension not to be withheld, etc 4735. Widow not to draw pension over same period as husband 53 474l! Seamen on revenue cutter cooperating with Navy; disabled, status of 21 4744 (amended by act July 25, 1882). Commissioner of Pensions to detail clerks to make special investigations into merits of claims, etc 6 4745 (amended by act Feb. 28, 1883). Pledge or transfer of pension void, etc 114 4746 (amended by act July 7, 1898). False affidavits and postdating vouchers ; penalty 117 4747. Pension not liable to attachment, etc ___ 93 4748. Printed forms and instructions to be furnished free to applicants and claimants for pension 56 4749. Certain soldiers and sailors not to be deemed deserters 99 4750. Navy pension fund; trustee 54 4751. Navy pension fund ; certain penalties to be paid into 4752. Navy pension fund; prize money to constitute 4753. Navy pension fund, investment of 54 4754. Rate of interest 4755. Navy pensions payable from fund 4756. Half-pay pension for 20 years' service in Navy 4757. Pension for 10 years' service in Navy f>r> 4758. Privateer pension fund ; trustee 4759. Privateer pension fund, how derived 4760. Privateer pension fund ; to be paid into Treasury 4761. Disabled privateersmen placed on pension list 55 4762. Commanding officers of privateers to enter names of wounded or disabled officers and seamen in journal 4763. Transcript of journals to be transmitted to Secretary of the Navy__ 54 4764 (amended by act Mar. 3, 1891). Pension agents to send quarterly voucher to each pensioner, etc 84 CONTENTS. V Sec. Page. 4765. Check to be drawn to order of pensioner upon receipt of satis- factory voucher 86 4766 (amended by act Aug. 8, 1882, and act Mar. 3, 1899). Payment of pension ; to be made only to persons entitled, except, etc__ _ 86-87 Conditions prerequisite to widow's title 48 4767. Vouchers, blank forms of, to be prepared and furnished to pension agents ; notice 85 4768. Pension certificate, etc., to be forwarded to pension agent 59 4769. Attorney fees to be paid by pension agent 4775. Special medical examinations 80 4776. Medical referee, examining surgeons, appointment of 4777. Civil examining surgeons, appointment of 80 4783 (amended by a>ct Feb. 10, 1891). Embezzlement of pension money by guardian, etc., penalty 116 4785 (amended by act July 4, 1884). Fees of agents and attorneys 59 4786 (amended by act July 4, 1884). Articles of agreement, agents and attorneys 60-62 Illegal fee ; penalty 115 4813 (amended by act May 4, 1898). Naval Home in Philadelphia, etc., payment of pension to inmates, etc 89 3839 (amended by act Feb. 2, 1909). Government Hospital for the In- sane, superintendent and disbursing officer, duties of , 91 5486. (amended by act Feb. 10, 1891). Embezzlement of pension money- 116 STATUTES AT LAKGE QUOTED. Act March 16, 1802. Pensions to the soldiers of the military peace estab- lishment 9 Act April 24, 1816. Rates in invalid pension claims 9 Resolution May 29, 1830. Report to be made to Congress in case of meri- torious claims not provided for by existing law 95 Act March 25, 1862. Pensions, etc., to officers and men in the Department of the West or the Department of the Missouri 25 Act July 14, 1862. The provisions of this act are embodied in sections 4692, 4693, and 4702, Revised Statutes 20, 44 Act July 16, 1862. Western gunboat fleet transferred from War to Navy Department 43 Act June 8, 1864. Relief of Second Regiment, Third Brigade, Ohio Vol- unteer Militia 26 Act March 1, 1869. Relief of Bryson's company, Mounted Volunteers Act July 14, 1870. Relief of Beaty's company of Independent Scouts 27 Act May 21, 1872. Retention of discharge papers, etc., by attorney or agent 114 Act March 3, 1873. The provisions of this act are embodied in the Re- vised Statutes. Title, " Pensions," sections 4692 to 4791. Act June 6, 1874. Special-act pensions equalized 94 Act June 18, 1874 : Increase of pension for loss of sight of both eyes, both hands, both feet, or other injuries resulting in total helplessness 36 Loss of arm at or above elbow, leg at or above knee 38 Act March 3, 1875. Pensions for widows, minors, and dependent relatives of soldiers murdered at Centralia, Mo 45 Act February 28, 1877. Loss of one hand and one foot or total disability in the same 37 Act March 3, 1877. Equalizing pensions of certain officers of the Navy 29 Act March 9, 1878. War of 1812 ; pensions granted on account of service in ; false oath deemed perjury ; disloyalty not a bar, etc., Revolu- tionary War ; widows 11-12 Act June 17, 1878. Loss of both hands or both feet or the sight of both eyes 37 Act June 18, 1878. Certain Navy officers ranked for pensionable pur- poses 29 Act January 25, 1879. Pensions, commencement of ; arrears 41 Act March 1. 1879. Pensioners in civil service; bar to payment of pen- sion removed 106 yj CONTENTS. Page. ACt Rat r e h of 3 ar^rs; commencement of pension; limitation as to date of filing claim for pension; not applicable to insane persons or minors Amputation of leg at hip joint ----------------- 3 7 Act 55S 2^*^ granted to increase or reduce pensions ------------------ 1f) Act June 9, 1880. Restoring pensions in certain cases- Act June 16, 1880. Rate for total helplessness increased in certain Act February 26, 1881. Regulating payment of pensions to inmatei National Home for Disabled Volunteer Soldiers _ Act March 3, 1881. Pensions to wounded or disabled volunteers assisted the forces of the United States in Nez Perce Indian war i Montana, and to their widows, etc ------------------------------ ACt Secf 2 5 ( amending sec. 4744, Rev. Stat). Commissioner of Pensions to detail clerks to make special investigations into merit! pension claims, etc --------------------- Sec. 3. Subpoenas for witnesses ----------------- -- Sec. 4. Examining surgeons, appointment of; organiz ^ Sec^ Pension under special act not to be in addition to that allowed bv general law unless the act so specifies Act August 7, 1882. Pensions due inmates of National Home for Volunteer Soldiers to be paid to treasurers -------- Act August 7, 1882 (amending sec. 4702, Rev. Stat.). , Widows and minors, when entitled, etc --------- Act August 8, 1882 (amending sec. 4766, Rev. Stat.) : Payment of pension ; to be made only to person entitled, except, etc (see also act Mar. 3, 1899) ------------------- Inspection of boards of surgeons ------- Act February 28, 1883 (amending sec. 4745, Rev. Stat). Any pledge or transfer of pension void, and the pledge or receipt of the same demeanor --------------------------------------- Increase' of pension for loss of one hand or one foot or equivalent incapacity ; and loss of arm at or above elbow or leg at or above knee ; total incapacity for manual labor ------ Pensioned inmates of Soldiers' Home, Washington, D.. C., may all< portion of pension ; pension of inmates not allotted to be pai treasurer of home ------------------------------ Joint resolution February 1, 1884. Detail of clerks from the Pension Office to the Pension .Committees of the House of Representatti Act July 4, 1884: Attorney fees in pension cases Illegal fee, penalty Act March 3, 1885: q Soundness at enlistment presumed Increase of pension for loss of arm at shoulder joir Increase in rate of pension to certain widows, minors, and dependents . Act MjlSSSe. MissourrHome Guards; discharge certificates to be issued to members of ----------------------------- Act August 4, 1886. Increase of pension for loss of arm or leg, etc Act January 3, 1887. Date of death fixed in case of officers, etc., lost in the wreck of the steamer Jeanette; 12 months' pay granted by act to be deducted from pension given to widows, etc_. Act January 29 1887 : Mexican War ; pensions to survivors, widows, etc. ; perjury One year's pay given to widows, etc., of those lost in the wrec the U S. S. Ashuelot to be deducted from any pension allowed. Act June 7," 1888. Commencement of widow's pension in claim based on death from disability originating in the service and line of duty- Act August 14, 1888. Desertion; certain appointed and enlisted men who served in the Navy or Marine Corps during the Civil War relieved of charge of ----------------------------------------------- CONTENTS. VII Sec. Page. Act August 27, 1888. Increase for deafness * 39 Act February 12, 1889. Increase to $100 per month for loss of both hands 37 Act March 1, 1889. Pension voucher may be executed before United States officer free of charge 85 Act March 2, 1889 (amended by act Mar. 2, 1891, act July 27, 1892, and act Mar. 2, 1895). Desertion; certain regular and volunteer sol- diers of the Mexican and Civil Wars relieved from charge of 101 Act March 4, 1890. Increase for total helplessness; regular aid and attendance 40 Act June 27, 1890 : Sec. 1. Dependent parents; sufficiency of evidence to show depend- ence; commencement and termination of pension 50 Sec. 2 (amended by act May 9, 1900). Pensions to certain soldiers and sailors; honorable discharge from Rebellion service required; rate; commencement; rank not considered, etc 29 Sec. 8 (amended by act May 9, 1900). Widows and minor children of certain soldiers and sailors given pensionable status; continu- ance of pension to insane, idiotic, or otherwise permanently help- less children provided for ' 46 Sec. 4. Fees of agents and attorneys 115 Act August 29, 1890 : Chief clerks to administer oaths in certain cases 5 Notaries public in service of United States to administer oath of office free of charge 6 Sec. 2 (amended by acts Mar. 3, 1891, and May 27, 1908). Persons on active or retired list of Army, Navy, or Marine Corps, or in Revenue-Cutter Service not to receive pension 97 Act February 10, 1891 (amending sees. 4783 and 5486, R. S.). Embezzle- ment of pension money by guardian, etc 116 Act March 2 1891 (amending act Mar. 2, 1889). Desertion; minor dis- charged by order of court not to receive bounty, etc 103 Act March 3, 1891 : Sec. 1, part. Attorney fees; increase, etc., claims 116 Sec. 1, part (amending act Aug. 29, 1890, and extended by act May 27, 1908). Pensions not to be paid to persons on the active or retired list of the Army, Navy, Marine Corps, or Revenue- Cutter Service 97 Oaths; all clerks detailed as special examiners authorized to ad- minister 6 Pensions for members of Powell's Battalion 18 First Kansas Colored Volunteers, relief of ; pension rights to certain wounded members of 25 Act July 14, 1892. Total disability; rate of .$50 per month in cases requiring frequent and periodical aid 40 Act July 26, 1892. Declarations, etc., before whom to be executed 56 Act July 27, 1892 (amending act Mar. 2, 1889). Desertion; limitation as to filing application for removal of charge extended 103 Act of July 27, 1892. Indian wars ; pensions to certain survivors, and to their widows ; rate ; honorable discharge and 30 days' service required ; false oath; disloyalty not a bar 13 Act August 1, 1892 (amending act Mar. 3, 1877). Removing bar to pen- sion imposed by section 4716, Revised Statutes, in cases where persons in rebellion afterward enlisted in the Army or Navy of the United States 96 Act August 5, 1892 : Pensions for Army nurses 27 No attorney fee 116 Act January 5, 1893. Mexican War ; increase in rate of pension to wholly disabled and destitute pensioned survivors Act February 3, 1893. Indian war claims; proof of citizenship 15 Act December 21, 1893. -Pension not to be withheld or suspended until after notice 97 Act July 18, 1894. Examining surgeons ; reports of, to be open to inspec- tion 82 Act August 23, 1894. Pension vouchers may be executed before fourth- class postmasters 85 CONTENTS. Page. Joint resolution February 15, 1895. Benefits of act June 27, 1890, ex- tended to certain Missouri militiamen, their widows and minors 31 Act March 2, 1895 : Pensions may be paid to nonresidents Minimum rate of pension based on disability fixed at $6 per month ; not retroactive 41 Desertion; limitations for filing claims under the act of March 2, 1889, removed 104 Accrued pensions ; who entitled ; reimbursement claims 91 Act March 6, 1896. Commencement in rejected, suspended, or dismissed claims under the act of June 27, 1890 31 Act March 13, 1896. Death presumed from continued and unexplained absence for a period of seven years 53 Act May 28, 1896. Merchant marine service; persons drafted in time of war entitled to pensions, if wounded; widows and minors entitled, when 106 Act February 17, 1897. Gray's Battalion Arkansas Volunteers, pensions granted to survivors and widows of members of said organization 18 Act February 24, 1897. Rate of pension, etc., in case of renmster 106 Act March 14, 1898. Pension of foreign residents not to be paid on power of attorney 88 Act March 30, 1898. Commencement of pension in cases arising out of the destruction of the U. S. S. Maine 51 Act April 22, 1898. Status of volunteers 106 Act April 26, 1898. Desertion from the Army in time of war forfeits pen- sionable status (see act May 11, 1908) 104 Act May 4, 1898 (amending sec. 4713, Rev. Stat). Pensions 01* inmates of Naval Home at Philadelphia, Pa., or naval hospitals to be paid to the Secretary of the Navy 89 Act of July 7, 1898 (amending sec. 4746, Rev. Stat.). False affidavits and postdating vouchers in pension cases 117 Act February 27, 1899. Fourth Arkansas Mounted Infantry commanded by Elisha Baxter, relief of 43 Act March 3, 1899 (amending sec. 4766, Rev. Stat.) : Division of pension, when made, etc '. 87 Conditions prerequisite to widow's title 48 Act April 18, 1900. Section 4716, Revised Statutes, repealed so far as it relates to claims of dependent parents based on service during the War with Spain 96 Act April 23, 1900. Mexican War survivors ; increase of pension granted in certain cases 17 Act May 9, 1900 (amending act June 27, 1890) : Certain survivors of the War of the Rebellion given a pensionable status ; length of service ; honorable discharge ; aggregate dis- abilities to be rated 30 Widows, minors, and helpless children, when entitled, etc 46 Act May 24, 1900. Desertion; limitation as to time within which claims under act of August 14, 1888, may be filed, removed 101 Act February 2, 1901. Philippine Scouts, Provisional Regiment Porto Rico Infantry; status of 43 Act March 3, 1901 (amending sec. 4708, Rev. Stat., and amended by act Feb. 28, 1903) : Remarried widows ; restoration of pension on renewed widowhood ; conditions of title, etc 51 Attorney fee not allowed 52 Act June 27, 1902 (extending the provisions of the act of July 27, 1892) : Indian wars, survivors of, to be pensioned ; widows also entitled, etc_ 13 Contract entered into with agents or attorneys prior to the passage of act void 14 Joint resolution July 1, 1902 : Sec. 1. Limitation as to disloyalty removed in certain cases 96 Sec. 2 (amended by joint resolution of June 28, 1906). As to final honorable discharge from the War of the Rebellion 105 Act December 19, 1902. First Ohio Volunteer Light Artillery ; military service recognized 26 Act January 15, 1903. Increase to $40 per month for total deafness__ 40 CONTENTS. IX Page. Act January 21, 1903. Sec. 22. Militia : Pensions for wounds or disabil- ities received or incurred while in the service of the United States 22 Act February 28, 1903 (amending sec. 4708, Rev. Stat., and act Mar. 3, 1901) : Remarried widows; restoration of pension on renewed widowhood; conditions of title, etc " 52- Attorney fee not allowed 53 Act March 2, 1903. Increase of pension for loss of limbs or total disability in same, etc 39 Act March 3, 1903. Mexican War ; pensions of survivors increased to $12 per month 17 Act April 8, 1904. Increase of pension for total blindness to $100 per month 37 Act February 20, 1905. Government Hospital for the Insane; payment and disposition of pension money belonging to certain inmates thereof 90 Act February 27, 1905. Twentieth New York Volunteer Infantry ; relief of _ 43 Act March 3, 1905. Accrued pension not to be paid as reimbursement to State, county, or municipal corporations 92 Act April 24, 1906. Age a permanent specific disability 32 Act June 22, 1906. Clerks to serve three years in one department before transfer to another 5 Act June 28, 1906. United States commissioners to have seal, anil to use same 57 Joint resolution June 28, 1906 (amending sec. 2, joint resolution July 1, 1902). Effect of honorable discharge from rebellion service 105 Act June 29, 1906. Notaries in the District of Columbia not prohibited from prosecuting claims against the United States 58 Act February 6, 1907: Pensions to certain survivors of the Mexican and Civil Wars 31 Agents or attorneys not entitled to fee for services under this act 32 Act March 4, 1907: Age made a specific disability 32 Provisions of the act February 6, 1907, extended to certain soldiers and sailors 32 Act April 19, 1908: Sec. 1. Fixing minimum rate of pension to widows, etc 47 Sec. 2. Pensions granted to certain widows of soldiers and sailors of the Civil War 47 Sec. 3. Attorney fee restricted 117 Act April 23, 1908. Medical Reserve Corps not entitled to pension except, etc 22 Act May 11, 1908 (amending sec. 6, act Apr. 26, 1898). Desertion from Army forfeits pensionable rights 104 Act May 22, 1908. Travel expenses of .employees at Washington to be reported annually 5 Act May 27, 1908 (see act Aug. 29, 1890, and act Mar. 3, 1891). Pensions to officers and men in the Revenue-Cutter Service on active or retired list prohibited 97 Act May 27, 1908 (amending act Jan. 21, 1903). Militia, to promote the efficiency of. Sections 4 and 7 22-23 Act May 28, 1908: State and territorial homes; pensioned inmates to receive pension direct 90 Examining surgeons, increase of fees to, etc 82 No fee allowed for services in connection with securing pension by special act of Congress 117 Reports of special examiners open to inspection 6 Act May 30, 1908 : Indian wars; pensions to survivors of Texas Volunteers and their widows 14 Contracts made with agents or attorneys prior to passage of act void 15 Act February 2, 1909 (amending sec. 4839, Rev. Stat.). Government Hos- pital for the Insane ; superintendent and disbursing officer, duties of 91 Act March 4, 1909 : Additional pension granted by special act because of helpless child not to affect prior rate granted widow 95 X CONTENTS. Act March 4, 1909 Continued. Franked envelopes to be furnished pensioners for return of vouchers to pension agents Reimbursement claims to be settled by Commissioner of Pensions Act March 4, 1909, Criminal Code : Sec. 21 (formerly sec. 5518, Rev. Stat). Conspiracy to prevent ac- cepting or holding office under the United States 118 Sec. 28 (formerly sees. 5418 and 5479, Rev. Stat.). Forging bond, bid, public record, etc Sec. 29 (formerly sec. 5421, Rev. Stat.). Forging deed, power of at- torney, etc 118 Sec. 30 ( formerly sec. 5422, Rev. Stat. ) . Having forged papers in pos- session . 119 Sec. 31. False acknowledgment by officer having authority to admin- ister oaths, etc 119 Sec. 32 (formerly act Apr. 18, 1884). Falsely pretending to be u United States officer 119 Sec. 33 (formerly sec. 5435, Rev. Stat). False personation of holder of public stocks, pensioner, etc 119 Sec. 34 (formerly sec. 5436, Rev. Stat.). False demand on fraudulent power of attorney 119 Sec. 35 (formerly sec. 5438, Rev. Stat.). Making or presenting false claims 120 Sec. 37 ( formerly sec. 5440, Rev. Stat.). Conspiracy to commit an offense against the United States, etc. ; all liable for acts of one 120 Sec. 39 (formerly sec. 5451, Rev. Stat.). Bribery of United States officer :_ 120 Sec. 40 (formerly sec. 5454, Rev. Stat). Unlawfully taking or using papers relating to claims 121 Sec. 46 (formerly sec. 5456, Rev. Stat). Robbery or larceny of per- sonal property of the United States 121 Sec. 47 ( formerly act Mar. 3, 1875, sec. 1). Embezzlement, etc., of public property 121 Sec. 48 (formerly act Mar. 3, 1875, sec. 2). Receivers, etc., of stolen property 121 Sec. 70 (formerly sec. 5442, Rev. Stat). False certification by con- sular officer 122 Sec. 73 (formerly sec. 5420, Rev. Stat). Falsely making, altering, forging or counterfeiting military bounty land warrant 122 Sec. 85 (formerly sec. 5481, Rev. Stat., as* amended by act June 28, 1906). Extortion by officer, etc., of the United States 122 Sec. 86 (formerly sec. 5483, Rev. Stat). Receipting for larger sums than are paid 122 Sec. 90 (formerly sec. 5491, Rev. Stat). Failure of officer to render accounts, etc 122 Sec. 94 (formerly sec. 5495, Rev. Stat). Prima facie evidence of em- bezzlement in certain cases 122 Sec. 95 (formerly sec. 5496, Rev. Stat.). Evidence of conversion__ 123 Sec. 106. False certification by public officer 123 Sec. 109 (formerly sec. 5498, Rev. Stat.). Officer not to be interested in claims against the United States 123 Sec. 110 ( formerly sees. 5500 and 5502, Rev. Stat. ) . Member of Con- gress, etc., soliciting or accepting bribe 123 Sec. Ill (formerly sec. 5450, Rev. Stat.). Offering, etc., bribe to Member of Congress '. 124 Sec. 112. Member of Congress taking consideration for procuring contracts, offices, etc. ; offering him consideration, etc 124 Sec. 113 (formerly sec. 1782, Rev. Stat.). Member of Congress tak- ing compensation in matters to which the United States are parties. 124 Sec. 117 (formerly sees. 5501 and 5502, Rev. Stat). Officer of the United States accepting bribe 125 Sec. 125 (formerly sec. 5392, Rev. Stat). Perjury 125 Sec. 126 (formerly sec. 5393, Rev. Stat). Subornation or perjury 125 Sec. 128 (formerly sec. 5403, Rev. Stat.). Destroying, etc., public records 125 Sec. 129 (formerly sec. 5408, Rev. Stat). Destroying record by officer in charge 125 CONTENTS. XI Act March 4, 1909, Criminal Code Continued. Page. Sec. 131 (formerly sec. 5449, Rev. Stat). Bribery of a public or judi- cial officer, etc 125 Sec. 133. Juror, referee, etc., accepting bribe 126 Sec. 134. Witness accepting bribe 126 Sec. 145. Extortion under threat of informing 126 Sec. 146 (formerly sec. 5390, Rev. Stat.). Misprision of felony 126 Sec. 148 (formerly sec. 5414, Rev. Stat). Forging or counterfeiting United States securities 126 Sec. 151 (formerly sec. 5431, Rev. Stat.). Passing, uttering, etc., forged obligations, etc., of the United States 126 Sec. 154 (formerly sec. 5434, Rev. Stat.). Buying, selling, etc., forged securities 126 Sec. 172 (formerly act Feb. 10, 1891). Counterfeit obligations, se- curities, etc., to be forfeited 127 Sec. 332 (formerly sec. 5427, Rev. Stat.). Who are principals 127 Sec. 333 (formerly sees. 5533 and 5535, Rev. Stat.). Punishment of accessories 127 Sec. 335. Felonies and misdemeanors distinguished 127 Act June 25, 1910. Rural delivery carriers may execute pension vouchers- 85 Act February 13, 1911 (amending sec. 183, Rev. Stat., as amended by act Mar. 2, 1901). Certain United States officers authorized to administer oaths in official investigations . 7 Joint resolution, February 27, 1911. Military records; certain acts correcting, passed during the Sixty-first Congress, not to be construed as denying right to pension 104 Act March 3, 1911. Army paymasters' clerks; status of 106 Act March 4, 1911. False accounts and reports by officers of the United States; punishment for making 127 Act May 11, 1912 : Pensions to certain survivors of the Mexican War 18 Pensions to certain survivors of the Mexican and Civil Wars 32 Sec. 2. Rank and service not considered : 33 Sec. 3. Agents or attorneys not entitled to fee for services, except 34 Sec. 4. Provisions extended to certain classes of beneficiaries 34 Act August 17, 1912 : Disbursing clerk for payment of pensions created 83 Pension agents and agencies abolished 83 Consolidation of agencies authorized 83 Sec. 2. Secretary to group pensioners 83 Sec. 3. Pensions to be paid without separate vouchers, except 83 Sec. 4. Forging indorsement, uttering, etc 128 Sec. 5. Commissioner to appoint disbursing clerk to act temporarily ; clerks to sign checks; disbursing clerk to give bond 84 Sec. 6. Payment to inmates of National Home, D. V. S., not affected 84 Act August 22, 1912. Secretary of War and Secretary of Navy to issue certificates of discharge, etc., in true name 98 Act August 24, 1912. Records ; copies of to be furnished ; fees 108 Act February 19, 1913. Indian Wars ; rates increased 15 Act March 4, 1913 (amending sec. 5, act May 11, 1912). Commissioner to keep a record and furnish copies; automatic increase for age and service 34 Act February 16, 1914. Naval Militia; when called into service__ 23 Act January 28, 1915 : Coast Guard; Revenue-Cutter Service and Life-Saving Service consolidated 21 Pensions not to be paid to persons on the active or retired list 21, 97 Act March 3, 1915 : Navy and Marine Corps ; double pension for disability from aviation duty 24 Naval reserve established 24 Information relating to pensions 129-148 Rates, tables of 108-113 Regulations ; governing attorneys 63-71 Act March 3, 1899 71-76 Rules of practice in pension and bounty-land appeals 76-79 XH CONTENTS. Supplement Act March 21, 1916: Duplicate of lost check; how obtained 14!) Act April 27, 1916: Medal of Honor roll, special pension of $10 149 Act June 3, 1916: National Guard drafted into the service of U. S 151 Act June 30, 1916: Medal of Honor pensions; how paid 151 Joint Resolution, July 1, 1916: National Guard, Organized Militia, and Militia Reserves 151 Act August 29, 1916: Disability or death due to aviation accident, double pension 151 Act August 29, 1916: Section 4716, Revised Statutes, repealed 151 Act September 8, 1916 : Increased rate to certain widows ; pensions for certain remarried widows; act of April 19, 1908, amended as to date of marriage 152 Act September 8, 1916: Bureau of Efficiency; system of paying pensions 153 FOREWORD. By the provisions of section 4748, Revised Statutes, the Commis- sioner of Pensions is required to furnish printed instructions and forms necessary in obtaining pension, bounty-land, or other allow- ance required by law to be adjusted or paid by the Pension Office. Much important pension legislation has been enacted since the last compilation of the pension laws was published, and, inasmuch as that edition is practically exhausted, the necessity for a new publication embodying all such legislation is apparent. The present edition has been carefully compiled by the Commis- sioner with the assistance of Mr. T. Fletcher Dennis, the law clerk of the Bureau, and Mr. Stephen A. Cuddy, principal examiner and formerly law clerk. This publication includes all new legislation on the subject of pensions to the present date. G. M. SALTZGABER, Commissioner. JANUARY 2, 1917. CHAPTER I. " /, : : ::r: : >'-.s: ~ ADMINISTRATIVE ORGANIZATION. Section 437, Revised Statutes, relates to the creation of the Depart- ment of the Interior and the apointment of a Secretary of the Inte- rior to be the head thereof. Section 441, Revised Statutes, vests in the Secretary of the Interior jurisdiction over pensions and bounty land. Section 169, Revised Statutes, authorizes the appointment of de- partmental employees. Section 470, Revised Statutes, relates to the appointment of a Com- missioner of Pensions. Section 471, Revised Statutes, defines duties of the Commissioner of Pensions. Section 472, Revised Statutes, relates to the appointment of a Deputy Commissioner of Pensions and defines his duties. Sections 173 and 174, Revised Statutes, define duties of each chief clerk in departments and bureaus and other offices connected with departments. Act August 29, 1890 (26 Stat. L., 371), authorizes and directs chief clerks of the executive departments and of the bureaus and offices thereof in Washington, D. C., on application and without compen- sation therefor, to administer oaths of office to employees required to be taken on their appointment or promotion. Act August 8, 1882, amending section 4766, Revised Statutes (22 Stat. L., 373), authorizes the Commissioner of Pensions, when in his judgment it is deemed necessary or proper, to visit in person, for purpose of examination and inspection, or send any one or more of the officers of his bureau for that purpose, any of the medical exam- ining boards or surgeons. Act May 22, 1908 (35 Stat. L., 244), provides that expenses of cer- tain employees of the executive departments and other Government establishments in Washington, D. C., who are sent to points outside of the District of Columbia, shall be reported to Congress at the beginning of each regular session. Act June 22, 1906 (34 Stat. L., 449), prohibits any clerk or other employee in the classified service in any of the executive departments being transferred from one department to another department until such clerk or other employee shall have served for a term of three years in the department from which he desires to be transferred, ind restricts the detail of civil employees to the departments from outside of the District of Columbia. Section 1784, Revised Statutes, prohibits the solicitation of contri- butions from officers, clerks, or employees for a present to those in 6 LAWS GOVERNING ARMY AND NAVY PENSIONS. a superior official position, and provides that such officials or clerical superiors shall not receive any gift or present offered or presented to them from persons in the Government employ receiving a less salary than themselves, and that no officer or clerk shall make any donation as u ^ ; f> 01 present to any official superior. The penalty for violation of such provisions is dismissal from the Government ._^^^i -^ .. .ct August 29, 1890 (26 Stat. L., 371), provides that no officer, clerk, or employee of any executive department, who is a notary pub- lic or other officer authorized to administer oaths, shall charge or receive any fee or compensation for administering oaths of office to employees of such department required to be taken on appointment or promotion. DETAIL OF CLERKS TO MAKE SPECIAL EXAMINATIONS. ACT JULY 25, 1882, AMENDING SECTION 4744, REVISED STATUTES (22 STAT. L., 175). " SEC. 4744. The Commissioner of Pensions is authorized to detail from time to time clerks or persons employed in his office to make special examinations into the merits of such pension or bounty land claims, whether pending or adjudicated, as he may deem proper, and to aid in the prosecution of any party appearing on such exami- nations to be guilty of fraud, either in the presentation or in pro- curing the allowance of such claims; and any person so detailed shall have power to administer oaths and take affidavits and depo- sitions in the course of such examinations, and to orally examine witnesses, and may employ a stenographer, when deemed necessary by the Commissioner of Pensions, in important cases, such stenogra- pher to be paid by such clerk or person, and the amount so paid to be allowed in his accounts." POWERS AND DUTIES OF SPECIAL EXAMINERS. ACT OF MARCH 3, 1891 (26 STAT L., 1083). That the same power to administer oaths and take affidavits, which by virtue of section forty-seven hundred and forty- four of the Re- vised Statutes is conferred upon clerks detailed by the Commissioner of Pensions from his office to investigate suspected attempts at fraud on the Government through and by virtue of the pension laws, and to aid in prosecuting any person so offending, shall be, and is hereby, extended to all special examiners or additional special examiners employed under authority of Congress to aid in the same purpose. REPORTS OPEN TO INSPECTION. ACT MAY 28, 1908 (35 STAT. L., 419). * The reports of the special examiners of the Bureau of Pensions shall be open to inspection and copy by the applicant or his attorney, under such rules and regulations as the Secretary of the Interior may prescribe. LAWS GOVERNING ARMY AND NAVY PENSIONS. 7 AUTHORITY OF CERTAIN CLERKS TO ADMINISTER OATHS, ACT FEBRUARY 13, 1911, AMENDING SECTION 183, REVISED STAT- UTES (36 STAT. L., 898). " SEC. 183. Any officer or clerk of any of the departments lawfully detailed to investigate frauds on, or attempts to defraud, the Gov- ernment, or any irregularity or misconduct of any officer or agent of the United States, and any officer of the Army, Navy, Marine Corps or Revenue-Cutter Service, detailed to conduct an investiga- tion, and the recorder, and if there be none the presiding officer, of any military, naval, or Revenue-Cutter Service board appointed for such purpose, shall have authority to administer an oath to any wit- ness attending to testify or depose in the course of such investiga- tion." SVBPOZNAS FOR WITNESSES. SECTION 184, REVISED STATUES. Any head of a Department or Bureau in which a claim against the United States is properly pending may apply to any judge or clerk of any court of the United States, in any State, District, or Territory, to issue a subpoena for a witness being within the jurisdic- tion of such court, to appear at a time and place in the subpoena stated, before any officer authorized to take depositions to be used in the courts of the United States, there to give full and true answers to such written interrogatories and cross-interrogatories as may be submitted with the application, or to be orally examined and cross- examined upon the subject of such claim. COMPENSATION OF WITNESSES. SECTION 185, REVISED STATUTES. Witnesses subpoenaed pursuant to the preceding section shall be allowed the same compensation as is allowed witnesses in the courts of the United States. COMPELLING TESTIMONY. SECTION 186, REVISED STATUTES. If any witness, after being duly served with such subpoena, neglects or refuses to appear, or, appearing, refuses to testify, the judge of the district in which the subpoena issued may proceed, upon proper process, to enforce obedience to the subpoena, or to punish the dis- obedience, in like manner as any court of the United States may do in case of process of subpoena ad testificandum issued by such court. PROFESSIONAL ASSISTANCE; HOW OBTAINED. SECTION 187, REVISED STATUTES. Whenever any head of a Department or Bureau having made ap- plication pursuant to section one hundred and eighty-four, for a sub- poena to procure the attendance of a witness to be examined, is of opinion that the interests of the United States require the attendance 70942 17 2 8 LAWS GOVERNING ARMY AND NAVY PENSIONS. of counsel at the examination, or require legal investigation of any claim pending in his Department or Bureau, he shall give notice thereof to the Attorney-General, and of all facts necessary to enable the Attorney-General to furnish proper professional service in attend- ing such examination, or making such investigation, and it shall be the duty of the Attorney-General to provide for such service. ADDITIONAL AUTHORITY FOE SUBPOZNA FOR WITNESSES. ACT JULY 25, 1882 (22 STAT. L., 175). That in addition to the authority conferred by section one hundred And eighty-four, title four of the Revised Statutes, any judge or clerk of any court of the United States in any State, District, or Ter- ritory shall have power, upon the application of the Commissioner of Pensions, to issue a subpoena for a witness, being within the jurisdic- tion of such court, to appear, at a time and place in the subpu'na stated, before any officer authorized to take depositions to be used in the courts of the United States, or before any officer, clerk, or person from the Pension Bureau designated or detailed to investigate or ex- amine into the merits of any pension claim and authorized by law to administer oaths and take affidavits in such investigation or exami- nation, there to give full and true answers to such written interroga- tories and cross interrogatories as may be propounded, or to be orally examined and cross-examined upon the subject of such claim; anil witnesses subpoenaed pursuant to this and the preceding section shall be allowed the same compensation as is allowed witnesses in the courts of the United States, and paid in the same manner. CHAPTER II. PENSIONS BASED ON SERVICE PRIOR TO MARCH 4, 1861. The act of March 16, 1802 (2 Stat. L., 135), provided pensioDS for certain officers and soldiers in the peace establishment, disabled in line of duty. The act of April 24, 1816 (3 Stat. L., 296), provided varying rates of pension for officers of different ranks, and included in the benefits of the pension laws soldiers of the militia while in the service of the United States. The act of March 19, 1836 (5 Stat. L., 7), extends benefits to volun- teers or militia called into service of United States to suppress Indian depredations in Florida (sec. 1657 E. S.). Section 4728, Revised Statutes, provides pensions for officers and men of the Navy and marines, disabled in line of duty, and fixes cer- tain relative ranks. Section 4729, Revised Statutes, provides pension for widows and children of those mentioned in the preceding section, who have died in the service in line of duty. Section 1656, Revised Statutes, provides for half the monthly pay for five years, to the widows or children of officers and men in the service of the United States, who die at any time from wounds re- ceived in the service. Sections 4725, 4726, 4727, and 4732 relate to half pay pensions to widows and children of officers and men of the regulars, militia and volunteers of the War of 1812, and various Indian wars since 1790. REVOLUTIONARY WAR. Section 1, act April 10, 1806 (2 Stat. L., 376), provided pensions for known wounds incurred by those who rendered service in said war. Section 4 of this act fixed the date of commencement of pen- sion, and section 6 fixed the rates of pension. Acts April 25, 1812 (2 Stat. L., 719) ; May 15, 1820 (3 Stat. L., 597) ; February 4, 1822 (3 Stat. L., 650) ; and May 24, 1828 (4 Stat. L., 307), continued in full force and effect the provisions of the above-cited act until May 24, 1828. Act March 18, 1818 (3 Stat. L., 410) , made provision for granting a service pension to soldiers and sailors who were in indigent circum- stances, and act March 1, 1823 (3 Stat. L., 783) , fixed the date of com- mencement of such pension. Act May 15, 1828 (4 Stat. L., 269), granted a service pension to officers, noncommissioned officers, and privates who enlisted during the war and continued in service until its termination, but barred 10 LAWS GOVERNING ARMY AND NAVY PENSIONS. those from receiving its benefits who were then on the pension roll. This limitation was by act May 31, 1830 (4 Stat. L., 426), removed as to officers, and by act July 14, 1832 (4 Stat. L., 600), as to noncom- missioned officers, musicians, and privates. Act June 7, 1832 (4 Stat. L., 529) , was the third act passed granting a service pension to surviving officers and men of the Army. Navy, and Marine Corps who served for two years, and who were not entitled to pension under the act of May 15, 1828, to commence March 4, 1831, and to continue during life; and to those serving less than two years but not less than six months, former pensions, how- ever, to be relinquished. This limitation was removed by act Febru- ary 19, 1833 (4 Stat. L., 612), and construed not to embrace invalid pensioners. Acts July 4, 1836 (Stat. L., 128), and March 3, 1837 (5 Stat. L., 187) , and resolution July 7, 1838 (5 Stat. L., 311) , granted pensions to widows of certain officers and men who served in the Army, Navy, and Marine Corps, as mentioned in the act of June 7, 1832, but placed a limitation as to date of marriage. Acts February 2, 1848 (9 Stat. L., 210) ; July 29, 1848 (9 Stat. L., 265) ; and February 3, 1853 (10 Stat. L., 154) , extended, and the act of February 28, 1855 (10 Stat. L., 616), removed this limitation as re- gards date of marriage. By the joint resolution of July 1, 1848 (9 Stat. L., 336, now sec. 4743, R. S.), the evidence upon which a pension was granted to an officer or soldier of the Revolution in his lifetime was made con- clusive as to the service of such person in any claim for pension filed by his widow ; and upon proof by her that she was married to such officer or soldier, and of her widowhood, she became entitled to have her name placed on the pension roll at the same rate that such officer or soldier received during his lifetime. By the act of April 2, 1862 (12 Stat. L., 376, now sec. 4742. R. S.) , no claim for pension or increase of pension could thereafter be allowed in the case of the widow, children, or other descendants of any person who served in the Revolution, when such person or his widow died without having established a claim for pension. WAR OF 1812. Section 14, act January 11, 1812 (2 Stat. L., 673) ; section 5, act Feb- ruary 6, 1812 (2 Stat. L., 677) ; section 1, act April 16, 1816 (3 Stat. L., 286) ; section 2, act August 2, 1813 (3 Stat. L., 74) ; and act April 14, 1842 (5 Stat. L., 437), granted invalid pensions to officers and men of the Regular Army and the militia who were wounded or otherwise dis- abled and to those warriors of the Cherokee Nation and the Southern Indians who were wounded during the War of 1812. By the act of February 14, 1871 (16 Stat. L., 411, now incorporated in sections -473 6-4740, R. S.), pensions were granted to the surviving officers and enlisted and drafted men, including militia and volun- teers, of the military and naval service of the United States who served 60 days in the War of 1812 and were honorably discharged, and to such other officers and men, having less than 60 days' service, as had been personally named in any resolution of Congress for any specific service in that war, and the surviving widows of such per- LAWS GOVERNING ARMY AND NAVY PENSIONS. 11 sons, provided they were married to the husbands through whom pension is claimed prior to the treaty of peace which terminated said war. REVOLUTIONARY WAR AND WAR OF 1812, ACT MARCH 9, 1878 (20 STAT. K, 27). SECTION 1. That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension-rolls the names of the surviving officers and enlisted and drafted men, without regard to color, including militia and volunteers, of the military and naval serv- ice of the United States, who served for fourteen days in the war with Great Britain of eighteen hundred and twelve, or who were in any engagement and were honorably discharged, and the surviving widows of such officers and enlisted and drafted men. SEC. 2. That this act shall not apply to any person who is receiving a pension at the rate of eight dollars per month or more, nor to any person receiving a pension of less than eight dollars per month, except for the difference between the pension now received (if less than eight dollars per month) and eight dollars per month. Pen- sions under this act shall be at the rate of eight dollars per month, except as herein provided, and shall be paid to the persons entitled thereto, from and after the passage of this act, for and during their natural lives : Provided, That the pensions to widows provided for in this act shall cease when they shall marry again. SEC. 3. That before the name of any person shall be placed upon the pension-rolls under this act proof shall be made, under such rules and regulations as the Commissioner of Pensions, with the approval of the Secretary of the Interior, shall prescribe, that the applicant is entitled to a pension under this act ; and any person who shall falsely take any oath required to be taken under the provisions of this act shall be guilty of perjury; and the Secretary of the Interior shall cause to be stricken from the rolls the name of any person when it shall appear, by proof satisfactory to him, that such name was put on said rolls by or through false or fraudulent representations, or by mistake as to the right of such person to a pension under this act. The loss or lack of a certificate of discharge shall not deprive the applicant of the benefit of this act, but other proof of the service performed and of an honorable discharge, if satisfactory, shall be deemed sufficient ; and when there is no record evidence of such serv- ice and such discharge, the applicant may establish the same by other satisfactory testimony : Provided, That when any person has been granted a land-warrant under any act of Congress for and on account of service in the said war of eighteen hundred and twelve, such grant shall be prima facie evidence of his service and honorable dis- charge, so as to entitle him, if living, or his widow, if he be dead, to a pension under this act; but such evidence shall not be conclusive, and may be rebutted by evidence that such land- warrant was im- properly granted. SEC. 4. That all applications for pensions of the classes provided for in this act heretofore or which may hereafter be made shall be con- sidered and decided as though made under this act ; and all laws now in force in regard to the manner of paying pensions, and in reference 12 LAWS GOVERNING AKMY AND NAVY PENSIONS. to the punishment of frauds, shall be applicable to all claims under the provisions of this act. SEC. 5. That the Secretary of the Interior be, and he is hereby, au- thorized and directed to restore to the pension rolls the names of all persons now surviving heretofore pensioned on account of service in the war of eighteen hundred and twelve against Great Britain, or for service in any of the Indian wars, and whose names were stricken from the rolls in pursuance of the act entitled "An act authorizing the Sec- retary of the Interior to strike from the pension-rolls the names of such persons as have taken up arms against the government, or who have in any manner encouraged the rebels," approved February fourth, eighteen hundred and sixty-two; and that the joint resolu- tion entitled "Joint resolution prohibiting payment by any officer of the government to any person not known to have been opposed to the rebellion and in favor of its suppression," approved March sec- ond, eighteen hundred and sixty-seven, and section forty-seven hun- dred and sixteen of the Revised Statutes of the United States, shall not apply to the persons provided for by this act : Provided, That no money shall be paid to anyone on account of pensions for the time during which his name remained stricken from the rolls. SEC. 6. That the surviving widow of any pensioner of the war of eighteen hundred and twelve where the name of said pensioner was stricken from the pension-rolls in pursuance of the act entitled "An act authorizing the Secretary of the Interior to strike from the pen- sion-rolls the names of such persons as have taken up arms against the government, or who have in any manner encouraged the rebels," approved February fourth, eighteen hundred and ixty-two, and where, under the existing provisions of law, said pensioner died without his name being restored to the rolls, shall be entitled to make claim for a pension as such widow after the passage of this act : Provided, That no such arrearages shall be paid for any period prior to the time of the removal of the disability of the pensioner, as provided in section five: And provided further, That under this act any widow of a revolutionary soldier who served for fourteen days or was in any engagement shall be placed upon the pension- rolls of the United States, and receive a pension at the rate of eight dollars per month. SEC. 7. That all laws and clauses of laws in conflict with this act be, and they are hereby, repealed. INDIAN WARS PRIOR TO MARCH 4, 1861. Section 4, act January 2, 1812 (2 Stat. L., 670), provided pension for officers and men of the Rangers for protection of the frontier of the United States who incurred disabilities by wounds or otherwise dur- ing the invasion of any State or Territory by any Indian tribe or tribes. Section 3, act April 10, 1812 (2 Stat. L., 705), extended pension benefits to those engaged in the campaign on the Wabash. Section 4, act June 15, 1832 (4 Stat. L., 533) , provided for mounted Rangers who incurred disabilities by wounds or otherwise in the Black Hawk War. Section 5, act May 23, 1836 (5 Stat. L., 33), gave pension benefits to the Volunteers wounded while engaged in the Creek War. LAWS GOVERNING ARMY AND NAVY PENSIONS. 13 CERTAIN INDIAN WARS FROM 1832 TO 1842. ACT JULY 27, 1892 (27 STAT. L., 281). SECTION 1. That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension-roll the names of the surviving officers and enlisted men, including marines, militia, and volunteers of the military and naval service of the United States, who served for thirty days in the Black Hawk war, the Creek war, the Cherokee disturbances, or the Florida war with the Seminole Indians, embracing a period from eighteen hundred and thirty-two to eighteen hundred and forty-two, inclusive, and were honorably discharged, and such other officers, soldiers, and sailors as may have been perr sonally named in any resolution of Congress, for any specific service in said Indian wars, although their term of service may have been less than thirty days, and the surviving widows of such officers and enlisted men: Provided, That such widows have not remarried: Provided further, That this act shall not apply to any person not a citizen of the United States. SEC. 2. That pensions under this act shall be at the rate of eight dollars per month, and payable from and after the passage of this act, for and during the natural lives of the persons entitled thereto. SEC. 3. That before the name of any person shall be placed on the pension roll under this act, proof shall be made, under such rules and regulations as the Secretary of the Interior may prescribe, of the right of the applicant to a pension ; and any person Avho shall falsely and corruptly take any oath required under this act shall be deemed guilty of perjury; and the Secretary of the Interior shall cause to be stricken from the pension roll the name of any person whenever it shall be made to appear by proof satisfactory to him that such name was put upon such roll through false and fraudulent repre- sentations, and that such person is not entitled to a pension under this act. The loss of the certificate of discharge shall not deprive any person of the benefits of this act, but other evidence of service performed and of an honorable discharge may be deemed sufficient. SEC. 4. That this act shall not apply to any person who is receiving a pension at the rate of eight dollars per month or more, nor to any person receiving a pension of less than eight dollars per month, except for the difference between the pension now received (if less than eight dollars per month) and eight dollars per month. SEC. o". That the pension laws now in force, which are not inconsist- ent or in conflict with this act, are hereby made a part of this act, so far as they may be applicable thereto. SEC. 6. That section forty-seven hundred and sixteen of the Revised* Statutes is hereby repealed, so far as the same relates to this act or to pensioners under this act. CERTAIN INDIAN WARS FROM 1817 TO 1858. ACT OF JUNE 27, 1902 (32 STAT. L., 399). That the provisions, limitations, and benefits of the act entitled " An Act granting pensions to survivors of the Indian wars of eight- een hundred and thirty-two to eighteen hundred and forty-two, in- clusive, known as the Black Hawk war, Creek war, Cherokee dis- 14 LAWS GOVERNING ARMY AND NAVY PENSIONS. turbances, and the Seminole war," approved July twenty-seventh, eighteen hundred and ninety-two, be, and the same are hereby, ex- tended, from the date of the passage of this Act, 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 thirty days or more and were honorably discharged under the United States military, State, Territorial, or provisional authorities in the Florida and Georgia Seminole Indian war of eighteen hundred and seventeen and eighteen hundred and eighteen ; the Fevre River Indian war of Illinois of eighteen hundred and twenty-seven; the Sac and Fox Indian war of eighteen hundred and thirty-one ; the Sabine In- dian disturbances of eighteen hundred and thirty-six and eighteen hundred and thirty-seven; the Cayuse Indian war of eighteen hun- dred and forty-seven and eighteen hundred and forty-eight, on the Pacific coast; the Florida wars with the Seminole Indians, from eighteen hundred and forty-two to eighteen hundred and fifty-eight, inclusive; the Texas and New Mexico Indian war of eighteen hundred and forty-nine to eighteen hundred and fifty-six; the California Indian disturbances of eighteen hundred and fifty-one and eighteen hundred and fifty-two; the Utah Indian disturbances of eighteen hundred and fifty to eighteen hundred and fifty-three, inclusive, and the Oregon and Washington Territory Indian wars from eighteen hundred and fifty-one to eighteen hundred and fifty-six, inclusive; and also to include the surviving widows of such officers and enlisted men: Provided, That such widows have not remarried: And pro- vided further, That where there is no record of enlistment or muster into the service of the United States in any of the wars mentioned in this Act the record of pay by the United States shall be accepted as full and satisfactory proof of such enlistment and service: And pro- vided further, That all contracts heretofore made between the bene- ficiaries under this Act and pension attorneys and claim agents are hereby declared null and void. 1 PENSIONS BASED ON SERVICE OF TEXAS VOLUNTEERS, 1855 TO 1860. ACT MAY 30, 1908 (35 STAT. L., 553). That the provisions, limitations, and benefits of an Act entitled "Ah Act granting pensions to survivors of the Indian wars of eight- een hundred and thirty-two to eighteen hundred and forty-two, in- clusive, known as the Black Hawk war, Creek war, Cherokee dis- turbances, and the Seminole war," approved July twenty-seventh, eighteen hundred and ninety-two, be, and the same are hereby, ex- tended from the date of the passage of this Act 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 eighteen hundred and fifty-five to the year eighteen hundred and sixty, inclusive ; and also to include the surviving widows of such of said officers and enlisted men : Pro- vided, That such widows have not remarried: Prodded -further, That where there is no record of enlistment or muster into the service of the United States in the service mentioned in this Act the fact of J By resolution of Apr. 28, 1904, 33 Stat. L., 591. the military rolls and records of tho Indian wars or any other wars prior to the Civil War were transferred from the Interior Department to the Record and Pension Office, War Department. LAWS GOVERNING ARMY AND NAVY PENSIONS. 15 reimbursement to 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 serv- ice: And provided further, That all contracts heretofore made be- tween the beneficiaries under this Act and pension attorneys and claim agents are hereby declared null and void. PROOF OF CITIZENSHIP. ACT FEBRUARY 3, 1893 (27 STAT. L., 429). That the Commissioner of Pensions be, and he is hereby, author- ized and directed to accept as sufficient proof of the citizenship of an applicant for pension under said act of July twenty-seven, eight- een hundred and ninety-two, the fact that such applicant at the date of the application was an actual and bona fide resident of the United States. RATES INCREASED. ACT FEBRUARY 19, 1913 (37 STAT. L., 679). That from and after the passage of this Act the rate of pension to surviving soldiers of the various Indian wars who are now on the pension roll or who may hereafter be placed thereon under the Acts of July twenty-seventh, eighteen hundred and ninety-two, June twenty-seventh, nineteen hundred and two, and May thirtieth, nine- teen hundred and eight, shall be twenty dollars per month. WAR WITH MEXICO. PENSION FOR DISABILITY INCURRED IN SERVICE. SECTION 4730, REVISED STATUTES, MEXICAN WAR. Any officer, noncommissioned officer, musician or private, whether of the Regular Army or volunteers disabled by reason of injury received or disease contracted w T hile in the line of duty in actual service in the war with Mexico, or in going to or returning from the same, who received an honorable discharge, shall be entitled to a pen- sion proportionate to his disability, not exceeding for total disability half the pay of his rank at the date at which he received the wound or contracted the disease which resulted in such disability. But no pension shall exceed half die pay of a lieutenant-colonel. PENSIONS FOR WIDOWS AND CHILDREN WHERE DEATH OF SOLDIER DUE TO SERVICE. SECTION 4731, REVISED STATUTES, MEXICAN WAR. If any officer or other person referred to in the preceding section has died or shall hereafter die by reason of any injury received or disease contracted under the circumstances therein set forth, his widow shall be entitled to receive the same pension as the husband would have been entitled to had he been totally disabled ; and in case of her death or remarriage, the child or children of such officer or other person referred to in the preceding section, while under the age of sixteen years, shall be entitled to receive the pension. But the rate of pension prescribed by this and the preceding section shall be 16 LAWS GOVERNING AKMY AND NAVY PENSIONS. varied after the twenty-fifth day of July, eighteen hundred and sixty-six, in accordance with the provisions of section four thousand seven hundred and twelve of this Title. SERVICE PENSIONS; SURVIVORS AND WIDOWS. ACT JANUARY 29, 1887 (24 STAT. L., 371). SECTION 1. That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension-roll the names of the surviving officers and enlisted men, including marines, militia, and volunteers, of the military and naval services of the United States, who being duly enlisted, actually served sixty days with the Army or Navy of the United States in Mexico, or on the coasts or frontier thereof or en route thereto, in the war with that nation, or were actu- ally engaged in a battle in said war, and were honorably discharged, and to such other officers and soldiers and sailors as may have been personally named in any resolution of Congress for any specific service in said war, and the surviving widow of such officers and enlisted men : Provided, That such widows have not remarried : Pro- vided, That every such officer, enlisted man, or widow who is or may become sixty-two years of age, or who is or may become subject to any disability or dependency equivalent to some cause prescribed or recognized by the pension laws of the United States as a sufficient reason for the allowance of a pension, shall be entitled to the benefits of this act ; but it shall not be held to include any person not within the rule of age or disability or dependence herein defined, or who incurred such disability while in any manner voluntarily engaged in or aiding or abetting the late rebellion against the authority of the United States. SEC. 2. That pensions under section one of this act shall be at the rate of eight dollars per month x and payable only from and after the passage of this act, for and during the natural lives of the persons en- titled thereto, or during the continuance of the disability for which the same shall be granted: Provided, That section one of this act shall not apply to any person who is receiving a pension at the rate of eight dollars per month or more, nor to any person receiving a pen- sion of less than eight dollars per month, except for the difference be- tween the pension now received (if less than eight dollars per month) and eight dollars per month. SEC. 3. That before the name of any person shall be placed on the pension-roll under this Act, proof shall be made, under such rules and regulations as the Secretary of the Interior may prescribe, of the right of the applicant to a pension ; and any person who shall falsely and corruptly take any oath required under this act shall be deemed guilty of perjury; and the Secretary of the Interior shall cause to be stricken from the pension-roll the name of any person whenever it shall be made to appear by proof satisfactory to him that such name was put upon such roll through false and fraudulent representations, and that such person is not entitled to a pension under this act. The loss of the certificate of discharge shall not deprive any person of the 1 Rate of pension to widows increased to $12 per month by sec. 1, act Apr. 19, 1908 (35 Stat. L., 64, c. 147). See p. 47. Rate of survivors increased by act Jan. 5, 1893, act Apr. 23, 1900, and act Mar. 3, 1903. See also act Feb. 6, 1907, p. 31. LAWS GOVERNING AEMY AND NAVY PENSIONS. 17 benefits of this act, but other record evidence of enlistment and serv- ice and of an honorable discharge may be deemed sufficient: Pro- vided, That when any person has been granted a land-warrant, under any act of Congress, for and on account of service in the said war with Mexico, such grant shall be prima facie evidence of his service and honorable discharge; but such evidence shall not be conclusive, and may be rebutted by evidence that such land- warrant was improp- erly granted. SEC. 4. That the pension laws now in force which are not inconsist- ent or in conflict with this act are hereby made a part of this act, so far as they may be applicable thereto. SEC. 5. That section forty-seven hundred and sixteen of the Revised Statutes is hereby repealed so far as the same relates to this act or to pensioners under this act. SEC. 6. That the provisions of this act shall not apply to any person while under the political disabilities imposed by the fourteenth amendment to the constitution of the United States. RATES OF CERTAIN SOLDIERS INCREASED FROM $8 TO $12 PER MONTH. ACT JANUARY 5, 1893 (27 STAT. L., 413). That the Secretary of the Interior be, and he is hereby, authorized to increase the pension of every pensioner who is now on the rolls at eight dollars per month on account of services in the Mexican war and who is wholly disabled for manual labor, and is in such destitute circumstances that eight dollars per month are insufficient to provide him the necessaries of life, to twelve dollars per month. RATES INCREASE. ACT APRIL 23. 1900 (31 STAT. L., 137). That the benefits of the act entitled "An Act granting increase of pension to soldiers of the Mexican war in certain cases," approved January fifth, eighteen hundred and ninety-three, be, and they are hereby, extended to all survivors of the Mexican war who are pen- sionable under existing Mexican war service pension laws, and who have become or may hereafter become wholly disabled for manual labor and in such destitute circumstances that eight dollars per month are insufficient to provide them the necessaries of life, irrespective of the date of the granting of the said service pension. RATES INCREASE. ACT MARCH 3, 1903 (32 STAT. L., 1228). That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension roll, at the rate of twelve dollars per month, all Mexican war survivors now on the roll, or who may hereafter be placed on the roll, under the Acts of January twenty- ninth, eighteen hundred and eighty-seven, March third, eighteen hundred and ninety-one, and February fifth, eighteen hundred and ninety-seven. 1 lActs Mar. 2, 1889, July 27, 1892, and Mar. 2, 1895, relieved certain persons who served in the Mexican War from the charge of desertion. 18 LAWS GOVERNING ARMY AND NAVY PENSIONS. NOTES. The Act February 6, 1907 (34 Stat. L., 879), provides pensions on account of age and service of sixty days in the War with Mexico, and also for service in the Civil War. This act will be found in full on page 31. The act of March 4, 1907 (34 Stat. L., 1406) , extends the provisions of the act of February 6, 1907, relating to both the Mexican war and the Civil War, and appears in full on page 32. SERVICE PENSION OF $30 PER MONTH. ACT MAY 11, 1912 (37 STAT. L., 112). That any person who has served sixty days or more in the military or naval service of the United States in the War with Mexico and has been honorably discharged therefrom, shall, upon making like proof of such service, be entitled to receive a pension of thirty dollars per month. POWELL'S BATTALION. ACT MARCH 3, 1891 (26 STAT. L., 1418). That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension-roll the names of all of the honorably discharged surviving officers and enlisted men of Powell's Battalion of Missouri Mounted Volunteers, raised under the act of Congress of May thirteenth, eighteen hundred and forty-six, for service during the war with Mexico; and the names of the surviving widows of such officers and enlisted men, subject to the limitations and regulations of the pension laws % of the United States for pen- sioning the survivors of the war with Mexico. GRA^S BATTALION. ACT FEBRUARY 17, 1897 (29 STAT. L., 805). That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension roll the names of all of the honorably discharged surviving officers and enlisted men of Gray's Battalion of Arkansas Volunteers, raised under the Act of Congress of May thirteenth, eighteen hundred and forty-six, for service dur- ing the war with Mexico; and the names of surviving widows of such officers and enlisted men, subject to the limitations and regula- tions of the pension laws of the United States for pensioning the survivors of the war with Mexico. PROVISIONS OF FORMER ACTS EXTENDED. SECTION 4712, REVISED STATUTES. The provisions of this Title in respect to the rates of pension to persons whose right accrued since the fourth day of March, eighteen hundred and sixty-one, are extended to pensioners whose right to pension accrued under general acts passed since the war of the Revo- lution and prior to the fourth day of March, eighteen hundred and LAWS GOVERNING ARMY AND NAVY PENSIONS. 19 sixty-one, to take effect from and after' the twenty- fifth day of July, eighteen hundred and sixty-six ; and the widows of revolutionary sol- diers and sailors receiving a less sum shall be paid at the rate of eight dollars per month from and after the twenty-seventh day of July, eighteen hundred and sixty-eight. 1 CERTAIN NAVY RATES NOT TO BE REDUCED. ACT JUNE 9, 1880 (21 STAT. L., 170). That section three of an act entitled "An act increasing the pen- sions of widows and orphans, and for other purposes," approved July twenty-fifth, eighteen hundred and sixty-six, and section thir- teen of an act entitled " An act relating to pensions," approved July twenty-seventh, eighteen hundred and sixty-eight, and section forty- seven hundred and twelve of the Revised Statutes, shall not operate to reduce the rate of any pension which had actually been allowed to the commissioned, noncommissioned, or petty officers of the Navy or their widows or minor children, prior to the twenty-fifth day of July, eighteen hundred and sixty-six; and the Secretary of the In- terior is hereby directed to restore all such pensions as have already been so reduced to the rate originally granted and allowed, to take effect from the date of such reduction. COMMENCEMENT OF CERTAIN PENSIONS. SECTION 4713, REVISED STATUTES. In all cases in which the cause of disability or death originated in the service prior to the fourth day of March, eighteen hundred and sixty-one, and an application for pension shall not have been filed within three years from the discharge or death of the person on whose account the claim is made, or within three years of the termination of a pension previously granted on account of the service and death of the same person, the pension shall commence from the date of filing by the party prosecuting the claim the last paper requisite to establish the same. But no claim allowed prior to the sixth day of June, eighteen hundred and sixty-six, shall be affected by anything herein contained. i Rate increased to $12 per month by act Mar. 19, 1886 (see p. 44), in cases of widows who were married prior to such date, or prior to or during the service upon which the application for pension is based. CHAPTER III. INVALID PENSIONS BASED ON SERVICE SINCE MARCH 4, 1861. DISABILITY PENSIONS. SECTION 4692, REVISED STATUTES. Every person specified in the several classes enumerated in the following section, who has been, since the fourth day of March, eight- een hundred and sixty-one, or who is hereafter disabled under the conditions therein stated, shall, upon making due proof of the fact, according to such forms and regulations as are or may be provided in pursuance of law, be placed on the list of invalid pensioners of the United States, and be entitled to receive, for a total disability, or a permanent specific disability, such pension as is hereinafter pro- vided in such cases; and for an inferior disability, except in cases of permanent specific disability, for which the rate of pension is ex- pressly provided, an amount proportionate to that provided for total disability ; and such pension shall commence as hereinafter provided and continue during the existence of the disability. BENEFICIARIES UNDER PRECEDING SECTION. SECTION 4693, REVISED STATUTES. The persons entitled as beneficiaries under the preceding section are as follows: First. Any officer of the Army, including regulars, volunteers, and militia, or any officer in the Navy or Marine Corps, or any enlisted man, however employed, in the military or naval service of the United States, or in its Marine Corps, whether regularly mustered or not, dis- abled by reason of any wound or injury received, or disease con- tracted, while in the service of the United States and in the line of duty. Second. Any master serving on a gunboat, or any pilot, engineer, sailor, or other person not regularly mustered, serving upon any gun- boat or war-vessel of the United States, disabled by any wound or injury received, or otherwise incapacitated, while in the line of duty, for procuring his subsistence by manual labor. Third. Any person not an enlisted soldier in the Army, serving for the time being as a member of the militia of any State, under orders of an officer of the United States, or who volunteered for the time being to serve with any regularly organized military or naval force of the United States, or who otherwise volunteered and rendered service in any engagement with rebels or Indians, disabled in conse- quence of wounds or injury received in the line of duty in such tem- porary service. But no claim of a State militiaman, or nonenlisted 20 LAWS GOVERNING ARMY AND NAVY PENSIONS. 21 person, on account of disability from wounds, or injury received in battle with rebels or Indians, while temporarily rendering service, shall be valid unless prosecuted to a successful issue pripr to the fourth day of July, eighteen hundred and seventy-four. Fourth. Any acting assistant or contract surgeon disabled by any wound or injury received or disease contracted in the line of duty while actually performing the duties of assistant surgeon or acting assistant surgeon with any military force in the field, or in transittt, or in hospital. Fifth. Any provost-marshal, deputy provost-marshal, or enroll- ing-officer disabled, by reason of any wound or injury, received in the discharge of his duty, to procure a subsistence by manual labor. REVENUE CUTTERS TO COOPERATE WITH NAVY. SECTION 2757, REVISED STATUTES, The revenue-cutters shall, whenever the President bvr directs, co- operate with the Navy, during which time they shall be under the direction of the Secretary of the Navy, and the expenses thereof shall be defrayed by the Navy Department. REVENUE CUTTERS OFFICERS AND SEAMEN. SECTION 4741, REVISED STATUTES. The officers and seamen of the revenue-cutters of the United States, who have been or may be wounded or disabled in the discharge of their duty while cooperating with the Navy by order of the Presi- dent, shall be entitled to be placed on the Navy pension-list, at the same rate of pension and under the same regulations and restrictions as are provided by law for the officers and seamen of the Navy. COAST GUARD. ACT JANUARY 28, 1915 (38 STAT. L., 800). SECTION 1. That there shall be established in lieu of the existing Eevenue-Cutter Service and the Life-Saving Service, to be composed of those two existing organizations, with the existing officers and posi- tions and the incumbent officers and men of those two services, the Coast Guard, which shall constitute a part of the military forces of the United States and which shall operate under the Treasury De- partment in time of peace and operate as a part of the Navy, subject to the orders of the Secretary of the Navy, in time of war or when the President shall so direct. When subject to the Secretary of the Navy in time of war the expense of the Coast Guard shall be paid by the Navy Department: Provided, That no provision of this Act shall be construed as giving any officer of either the Coast Guard or the Navy, military or other control at any time over any vessel, officer, or man of the other service except by direction of the President. SEC. 3. * Provided, That no pension shall be allowed or paid to any commissioned officer, warrant officer, or enlisted man in the Coast Guard either on the active or retired list. 22 LAWS GOVERNING ARMY AND NAVY PENSIONS. MISSOURI MILITIA. SECTION 4722, REVISED STATUTES. The provisions of this Title are extended to the officers and pri- vates of the Missouri State militia, and the provisional Missouri militia, disabled by reason of injury received or disease contracted in the line of duty while such militia was cooperating with United States forces, and the widow or children of any such person, dying of injury received or disease contracted under the circumstances herein set forth, shall be entitled to the benefits of this Title. But the pensions on account of such militia shall not commence prior to the third day of March, one thousand eight hundred and seventy- three. MEDICAL RESERVE CORPS. ACT APRIL 23, 1908 (35 STAT. L., 68). SEC. 9. That officers of the Medical Reserve Corps when called upon active duty in the service of the United States, as provided in section eight of this Act, shall be subject to the laws, regulations, and orders for the government of the Regular Army, and during the period of such service shall be entitled to the pay and allowances of first lieutenants of the Medical Corps with increase for length of service now allowed by law, said increase to be computed only for time of active duty: Provided, That no officer of the Medical Re- serve Corps shall be entitled to retirement or retirement pay, nor shall he be entitled to pension except for physical disability incurred in the line of duty while in active duty : * * *. MILITIA IN SERVICE OF UNITED STATES. ACT JANUARY 21, 1903 (32 STAT. L., 779). SEC. 22. That when any officer, noncommissioned officer, or private of the militia is disabled by reason of wounds or disabilities received or incurred in the service of the United States he shall be entitled to all the benefits of the pension laws existing at the time of his service, and in case such officer,, noncommissioned officer, or private dies in the service of the United States or in returning to his place of residence after being mustered out of such service, or at any time, in consequence of wounds or disabilities received in such service, his widow and children, if any, shall be entitled to all the benefits of such pension laws. 1 ORGANIZED MILITIA CALLED INTO SERVICE. ACT MAY 27, 1908 (35 STAT. L., 400). That section four of said Act 2 as amended be, and the same is hereby, amended and reenacted so as to read as follows : " SEC. 4. That whenever the United States is invaded or in danger of invasion from any foreign nation, or of rebellion against the authority of the Government of the United States, or the President is unable with the regular forces at his command to execute the laws of the Union, it shall be lawful for the President to call forth such 1 Sees. 4 and 7 of this act amended by act May 27, 1908, following. 2 Act Jan. 21, 1903 (32 Stat. L., 779). LAWS GOVERNING ARMY AND NAVY PENSIONS. 23 number of the militia of the State or of the States or Territories or of the District of Columbia as he may deem necessary to repel such invasion, suppress such rebellion, or to enable him to execute such laws, and to issue his orders for that purpose, through the governor of the respective State or Territory, or through the com- manding general of the militia of the District of Columbia, from which State, Territory, or District such troops may be called, to such officers of the militia as he may think proper." That section seven of said Act 1 as amended be, and the same is hereby, amended and reenacted so as to read as follows : " SEC. 7. That every officer and enlisted man of the militia who shall be called forth in the manner hereinbefore prescribed, shall be mustered for service without further enlistment, and without further medical examination previous to such muster, except for those States and Territories which have not adopted the standard of medical examination prescribed for the Regular Army: Provided, however, That any officer or enlisted man of the militia who shall refuse or neglect to present himself for such muster, upon being called forth as herein prescribed, shall be subject to trial by court- martial and shall be punished as such court-martial may direct." NAVAL MILITIA CALLED INTO SERVICE. ACT FEBRUARY 16, 1914 (38 STAT. L., 284). SEC. 3. That in the event of war, actual or threatened, with any foreign nation involving danger of invasion, or of rebellion against the authority of the Government of the United States, or whenever the President is, in his judgment, unable with the regular forces at his command to execute the laws of the United States, it shall be law- ful for the President to call forth such number of the Naval Militia of a State or of the States, or Territories, or of the District of Co- lumbia, as he may deem necessary to repel such invasion, suppress such rebellion, or to enable him to execute such laws, and to issue his orders for that purpose, through the governor of the respective State or Territory, or through the commanding officer of the Naval Militia of the District of Columbia, from which State, Territory, or District such Naval Militia may be called, to such officers of the Naval Militia as he may think proper. SEC. 4. That whenever the President calls forth all or any part of the Naval Militia of any State, Territory, or of the District of Co- lumbia, to be employed in the service of the United States, he may specify in his call the period for which such service is required, and the Naval Militia so called shall continue to serve during the term so specified, either within or without the territory of the United States, unless sooner relieved by order of the President: Provided, That if no period be stated in the call of the President, the period shall be held to mean the existence of the emergency, of which the President shall be the sole judge : And provided further, That no commissioned officer or enlisted man of the Naval Militia shall be held to service beyond the term of his existing commission or enlistment : Provided further, That when the military needs of the Federal Government, !Act Jan. 21, 1903 (32 Stat. L., 779). 70942 17 3 24 LAWS GOVERNING ARMY AND NAVY PENSIONS. arising from the necessity to execute the laws of the United States, suppress insurrection, or repel invasion, can not be met by the regular forces, the Naval Militia qualified as herein provided and any exist- ing Naval Reserve now or hereafter organized shall be called into the service of the United States in advance of any volunteer naval force which it may then be determined to raise: And provided further, That nothing herein contained shall prevent the Secretary of the Navy, when vessels are purchased or otherwise acquired by the United States for a war, from- manning such vessels by all or part of the officers and men then serving on said vessels. SEC. 19. That when any officer, petty officer, or enlisted man of the Naval Militia is disabled by reason of wounds or disabilities received or incurred in the naval service of the United States in time of war he shall be entitled to all the benefits of the pension laws existing at the time of his service, and in case such officer, petty officer, or en- listed man dies in the naval service of the United States in time of war, or in returning to his place of residence after being mustered out of such naval service, or at any time in consequence of wounds or disabilities received in such naval service in time of war, his widow and children, if any, shall be entitled to all the benefits of such pen- sion laws. DOUBLE PENSION FOR DISABILITY FROM AVIATION DUTY. ACT MARCH 3, 1915 (38 STAT. L., 940). * * * In all cases where an officer or enlisted man of the Navy or Marine Corps dies, or where an enlisted man of the Navy or Ma- rine corps is disabled by reason of any injury received or disease con- tracted in line of duty, the result of an aviation accident, received while employed in actual flying in or in handling air craft, the amount of pension allowed shall be double that authorized to be paid should death or the disability have occurred by reason of an injury received or disease contracted in line of duty, not the result of an aviation accident. NAVAL RESERVE ESTABLISHED. ACT MARCH 3, 1915 (38 STAT. L., 940). There is hereby established a United States naval reserve, which shall consist of citizens of the United States who have been or may be entitled to be honorably discharged from the Navy after not less than one four-year term of enlistment or after a term of enlistment during minority. The naval reserve shall be organized under the Bureau of Navigation and shall be governed by the Articles for the Government of the Navy and by the Naval Regulations and Instruc- tions. Whenever actively employed with the Navy, or whenever em- ployed in authorized travel to and from prescribed active duty with the Navy, its members shall be employed as members of the naval reserve and shall while so employed be held and considered to be in all respects in the same status as enlisted men of the Navy on active duty, except that they shall not be advanced in rating in time of peace. When not actively employed with the Navy, members of the naval reserve shall not be entitled to any pay, bounty, gratuity, or LAWS GOVERNING ARMY AND NAVY PENSIONS. 25 pension except the pay expressly provided for members of the naval reserve by the provisions of this Act, nor shall they be entitled to retirement by reason of such service in the naval reserve. FIRST KANSAS COLORED VOLUNTEERS, 1863, ACT MARCH 3, 1891 (26 STAT. L., 1436). SECTION 1. That all officers of the First Kansas Colored Volunteers who were mustered into the service of the United States on or before the second day of May, eighteen hundred and sixty-three, shall take rank and be entitled to pay from the date when they respectively held and performed the duties of their rank in said regiment, or in the companies or battalions of which said regiment was composed, of a rank equal to the rank they respectively held when mustered into the service of the United States in said regiment. SEC. 2. That Captain Andrew I. Crew, Corporal Joseph Talbot, Privates Marion Barber, Samuel Davis, Henry Gash, Thomas Lane, Allen Rhodes, and John Sixkiller, who were killed in action at Island Mound, Missouri, October twenty-eighth, eighteen hundred and sixty-two, whilst on duty with the companies and battalions of which said regiment was subsequently composed, shall be entitled to the rank, pay, and emoluments conferred by section one of this act. SEC. 3. That Privates Edward Curtis, Jacob Edwards, Lazarus Johnson, General Dudley, Manuel Dobson, and Thomas Knight, of said companies and battalions, who were wounded in action at Island Mound, Missouri, October twenty-eighth, eighteen hundred and sixty-two, but were not mustered into the United States service, shall be entitled to all rights, privileges, and benefits conferred upon wounded or disabled soldiers by the provisions of the United States pension laws. DEPARTMENT OF THE WEST OR OF MISSOURI, ACT MARCH 25, 1862 (12 STAT. L., 374). SECTION 1. That the Secretary of War be, and he is hereby, author- ized and required to allow and pay to the officers, noncommissioned officers, musicians, and privates who have been heretofore actually employed in the military service of the United States, whether mustered into actual service or not, where their services were ac- cepted and actually employed by the generals who have been in com- mand of the department of the West, or the department of the Missouri, the pay and bounty as in cases of regular enlistment. SEC. 2. That the officers, noncommissioned officers, musicians, and privates so employed, who may have been wounded or incapacitated for service, shall be entitled to and receive the pension allowed for such disability : Provided, That the length and character of their en- listment and service be such as to entitle them under existing laws to such pension. SEC. 3. That the heirs of those killed in battle, or of those who may have died from wounds received while so in service, shall be entitled to receive the bounty and pay to which they would have been entitled had they been regularly mustered into service : Provided, That the bounty and pay referred to in this act shall not be payable unless their term of enlistment and service be of such duration as to entitle them to receive the same, according to existing laws. 26 LAWS GOVERNING ARMY AND NAVY PENSIONS. NEZ PERCE INDIAN WAR. ACT MARCH 3, 1881 (21 STAT. L., 641). SECTION 1. That each volunteer who joined the forces of the United States, in the Territory of Montana, during the war with the Nez Perce Indians, shall be paid one dollar per day during the term of such service, from the time that he left his home until he was returned thereto, including all the time spent in hospital under treat- ment by such as received wounds or other injuries in such service. SEC. 2. That all persons who were wounded or disabled in such service, and the heirs of all who were killed in such service, shall be entitled to all the benefits of the pension laws, in the same manner and to the same extent as if they had been duly mustered into the regular or volunteer forces of the United States. SECOND OHIO VOLUNTEER MILITIA. ACT JUNE 8, 1864 (13 STAT. L., 121). That the second regiment, third brigade, Ohio volunteer militia, mustered into the service of the United States at Cincinnati, Ohio, on the fourth day of September, eighteen hundred and sixty-two, notwithstanding irregularity may have occurred in the manner of their mustering into the service of the United States, be paid for the time the officers and men were in the service, respectively, after being so mustered, not, however, to exceed the period of thirty days. FIRST OHIO VOLUNTEER LIGHT ARTILLERY. ACT DECEMBER 19, 1902 (32 STAT. L., 757). That the officers and enlisted men of the First Regiment Ohio Volunteer Light Artillery (three months' service), furnished by the State of Ohio, under the call of the President of the United States, issued on the fifteenth day of April, eighteen hundred and sixty-one, and which rendered actual military service under the command of officers of the United States and in cooperation with the regularly organized military forces of the United States, shall be held and con- sidered to have been in the military service of and to have formed a part of the military establishment of the United States during the period for which said organization was enlisted and was in active service, and that the Secretary of War be, and he hereby is, author- ized and directed to issue certificates of discharge, upon due applica- tion and satisfactory proof of identity, for all honorably discharged members of the said organization: Provided, That no pay, bounty, or other emoluments shall become due or payable by virtue of the passage of this Act. CAPT. GOLDMAN BRYSON'S COMPANY, NORTH CAROLINA. ACT MARCH 1, 1869 (15 STAT. L., 442). That the company of mounted volunteers raised and commanded by Captain Goldman Bryson, of Cherokee county, State of North Carolina, under authority of Major-General Rpsecrans, and received into the service of the United States by Major-General Burnside, LAWS GOVERNING ARMY AND NAVY PENSIONS. 27 September twenty-ninth, eighteen hundred and sixty-three, and such men as were accepted into the service of the United States by the said Captain Goldman Bryson within one month thereafter, and the widows, heirs, and legal representatives of the officers and enlisted men, shall be entitled to pay, bounty, pension, and allowances accord- ing to their grade and time of service as other volunteers in the serv- ice of the United States, notwithstanding any informality in their muster or enlistment into the service of the United States, under such rules and regulations as may be adopted by the proper accounting officer of the treasury. CAPT. DAVID BEATY'S COMPANY OF INDEPENDENT SCOUTS. ACT JULY 14, 1870 (16 STAT. L., 653). That the organization (commanded by Captain David Beaty of Fentress County, Tennessee) be, and the same is hereby, recognized as a part of the military force of the United States engaged in suppress- ing the recent rebellion, and the members thereof, on making proof of actual service, are declared to be entitled to the same pay, pensions, as though they had been regularly mustered into the service of the United States as cavalry : Provided, That there shall be filed in the War Department a roll of said company, which shall be sworn to by the captain and two lieutenants of said company : And provided, fur- ther, That each soldier, upon applying for payment under this act, shall be required to make oath as to the length of his service in said company. PENSIONS TO ARMY NURSES. ACT AUGUST 5, 1892 (27 STAT. L., 348). SECTION 1. That all women employed by the Surgeon General of the Army as nurses, under contract or otherwise, during the late war of the rebellion, or who were employed as nurses during such period by authority which is recognized by the War Department, and who rendered actual service as nurses in attendance upon the sick or wounded in any regimental, post, camp, or general hospital of the armies of the United States for a period of six months or more, and who were honorably relieved from such service, and who are now or may hereafter be unable to earn a support, shall, upon making due proof of the fact according to such rules and regulations as the Secretary of. the Interior may provide, be placed upon the list of pensioners of the United States and be entitled to receive a pension of twelve dollars per month, and such pension shall commence from the date of filing of the application in the Pension Office after the passage of this act: Provided, That no person shall receive more than one pension for the same period. 1 LINE OF DUTY. SECTION 4694, REVISED STATUTES. No person shall be entitled to a pension by reason of wounds or injury received or disease contracted in the service of the United States subsequent to the twenty-seventh day of July, eighteen hun- iSec. 2 prohibits compensation for services in prosecuting claim (see p. 116). 28 LAWS GOVERNING ARMY AND NAVY PENSIONS. dred and sixty-eight, unless the person who was wounded, or injured, or contracted the disease was in the line of duty ; and, if in the mili tary service, was at the time actually in the field, or on the march, or at some post, fort, or garrison, or en route, by direction of compe- tent authority, to some post, fort, or garrison; or, if in the naval service, was at the time borne on the books of some ship or other vessel of the United States, at sea or in harbor, actually in com- mission, or was at some naval station, or on his way, by direction of competent authority, to the United States, or to some other vessel or naval station, or hospital. SICK LEAVE AND VETEEAN FURLOUGH. SECTION 4700, REVISED STATUTES. Officers absent on sick-leave, and enlisted men absent on sick- furlough, or on veteran-furlough with the organization to which they belong, shall be regarded in the administration of the pension- laws in the same manner as if they were in the field or hospital. RATE FOR TOTAL DISABILITIES. SECTION 4695, REVISED STATUTES. The pension for total disability shall be as follows, namely : For lieutenant-colonel and all officers of higher rank in the military service and in the Marine Corps, and for captain, and all officers of higher rank, commander, surgeon, paymaster, and chief engineer, re- spectively ranking with commander by law, lieutenant commanding and master commanding, in the naval service, thirty dollars pel- month; for major in the military service and in the Marine Corps, and lieutenant, surgeon, paymaster, and chief engineer, respectively ranking with lieutenant by law, and passed assistant surgeon in the naval service, twenty-five dollars per month; for captain in the mili- tary service and in the Marine Corps, chaplain in the Army, and provost-marshal, professor of mathematics, master, 1 assistant sur- geon, assistant paymaster, and chaplain in the naval service, twenty dollars per month ; for first lieutenant in the military service and in the Marine Corps, acting assistant or contract surgeon, and deputy provost-marshal, seventeen dollars per month; for second lieutenant in the military service and in the Marine Corps, first assistant engi- neer, ensign, and pilot in the naval service, and enrolling officer, fifteen dollars per month; for cadet-midshipman, passed midship- man, midshipmen, 2 clerks of admirals and paymasters and of other officers commanding vessels, second and third assistant engineer, mas- ter's mate, and all warrant-officers in the naval service, 3 ten dollars per month ; and for all other persons whose rank or office is not men- tioned in this section, eight dollars per month; and the masters, 1 Act Mar. 3, 1883 (22 Stat. L., 472), changes title of master to lieutenant and provides that masters now on the list shall constitute a junior grade of lieutenants. 8 Title of midshipman changed to ensign, and midshipmen now on the list to constitute a junior grade of ensigns. 3 Boatswains, gunners, carpenters, and sail makers shall, after 10 years from date of warrant, be commissioned as chief boatswains, etc., sec. 12, act Mar. 3, 1899 (30 Stat. L., 1007), and after 6 years from date of warrant, warrant machinists are commissioned as chief machinists, act Mar. 3, 1909 (35 Stat. L., 771). LAWS GOVERNING ARMY AND NAVY PENSIONS. 29 pilots, engineers, sailors, and crews upon the gunboats and war- vessels shall be entitled to receive the pension allowed herein to those of like rank in the naval service. BATE ACCORDING TO RANK WHEN DISABILITY CONTRACTED. SECTION 4696, REVISED STATUTES. i Every commissioned officer of the Army, Navy, or Marine Corps shall receive such and only such pension as is provided in the pre- ceding section, for the rank he held at the time he received the in- jury or contracted the disease which resulted in the disability, on account of which he may be entitled to a pension; and any commis- sion or presidential appointment, regularly issued to such person, shall be taken to determine his rank from and after the date, as given in the body of the commission or appointment conferring said rank: Prowded,'That a vacancy existed in the rank thereby conferred; that the person commissioned was not disabled for military duty; and that he did not willfully neglect or refuse to be mustered. PASSED ASSISTANT ENGINEERS, ETC. ACT MARCH 3, 1877 (19 STAT. L., 403). That from and after the passage of this act, the pension for total disability of passed assistant engineers, assistant engineers, and cadet engineers in the naval service, respectively, shall be the same as the pensions allowed to officers of the line in the naval service with whom they have relative rank; and that all acts or parts of acts inconsistent herewith be, and are hereby, repealed. 1 LIEUTENANT COMMANDERS IN NAVY. ACT JUNE 18, 1878 (20 STAT. L., 166). That from and after July sixteenth, eighteen hundred and sixty- two, pensions granted to lieutenant-commanders in the Navy for disability, or on account of their death, shall be the same as thereto- fore provided for lieutenants-commanding. INVALID PENSION FOR 90 DAYS' SERVICE. ACT JUNE 27, 1890 (26 STAT. L., 182). SEC. 2. That all persons who served ninety days or more in the military or naval service of the United States during the late^ war of the rebellion and who have been honorably discharged therefrom, and who are now or who may hereafter be suffering from a mental or physical disability of a permanent character, not the result of their own vicious habits, which incapacitates them from the per- formance of manual labor in such a degree as to render them unable to earn a support, shall, upon making due proof of the fact, according to such rules and regulations as the Secretary of the Interior may provide, be placed upon the list of invalid pensioners of the i Relative rank abolished by act Mar. 3, 1899 (30 Stat. L., 1006). 30 LAWS GOVERNING ARMY AND NAVY PENSIONS. States, and be entitled to receive a pension not exceeding twelve dol- lars per month, and not less than six dollars per month, proportioned to the degree of inability to earn a support; and such pension shall commence from the date of the filing of the application in the Pen- sion Office, after the passage of this act, upon proof that the disabil- ity then existed, and shall continue during the existence of the same : Provided^ That persons who are now receiving pensions under ex- isting laws, or whose claims are pending in the Pension Office, may, by application to the Commissioner of Pensions, in such form as he may prescribe, showing themselves entitled thereto, receive the bene- fits of this act; and nothing herein contained shall be so construed as to prevent any pensioner thereunder from prosecuting his claim and receiving his pension under any other general or special act: Provided^ however, That no person shall receive more than one pen- sion for the same period: And provided further, That rank in the service shall not be considered in applications filed under this act. 1 AMENDING ACT OF JUNE 27, 1890. ACT MAY 9, 1900 (31 STAT. L., 170). That sections two and three of an Act entitled "An Act granting pensions to soldiers and sailors who are incapacitated for the per- formance of manual labor, and providing for pensions to widows, minor children, and dependent parents," be, and the same are hereby, amended so as to read as follows : " SEC. 2. That all persons who served ninety days or more in the military or naval service of the United States during the late war of the rebellion and who have been honorably discharged therefrom, and who are now or who may hereafter be suffering from any mental or physical disability or disabilities of a permanent character, not the result of their own vicious habits, which so incapacitates them from the performance of manual labor as to render them unable to earn a support, shall, upon making due proof of the fact, according to such rules and regulations as the Secretary of the Interior may provide, be placed upon the list of invalid pensioners of the United States, and be entitled to receive a pension not exceeding twelve dollars per month and not less than six dollars per month, propor- tioned to the degree of inability to earn a support; and in deter- mining such inability each and every infirmity shall be duly con- sidered, and the aggregate of the disabilities shown be rated, and such pension shall commence from the date of the filing of the ap- plication in the Bureau of Pensions, after the passage of this Act, upon proof that the disability or disabilities then existed, and shall continue during the existence of the same: Provided, That persons who are now receiving pensions under existing laws, or whose claims are pending in the Bureau of Pensions, may, by application to the Commissioner of Pensions, in such form as he may prescribe, show- ing themselves entitled thereto, receive the benefits of this Act; and nothing herein contained shall be so construed as to prevent any pensioner thereunder from prosecuting his claim and receiving his pension under any other general or special Act: Provided, however, 1 Sec. 4 provides that fee for services in prosecuting claim shall not be greater than $10 (see p. 115). LAWS GOVERNING ARMY AND NAVY PENSIONS. 31 That no person shall receive more than one pension for the same period: And provided further, That rank in the service shall not be considered in applications filed under this Act. 1 ACT JUNE 27, 1890, APPLIED TO CERTAIN MISSOURI TROOPS. JOINT RESOLUTION FEBRUARY 15, 1895 (28 STAT. L., 970). That the provisions of the Act of June twenty-seventh, eighteen hundred and ninety, be, and are hereby, extended to include the officers and privates of the Missouri State Militia and the Pro- visional Missouri Militia who served ninety days during the late War of the Rebellion, and were honorably discharged, and to the widows and minor children of such persons. The provisions of this Act shall include all such persons now on the pension rolls, or who may hereafter apply to be admitted thereto. COMMENCEMENT IN CERTAIN CLAIMS. ACT MARCH 6, 1896 (29 STAT. L., 45). That whenever a claim for pension under the Act of June twenty- seventh, eighteen hundred and ninety, has been, or shall hereafter be, rejected, suspended, or dismissed, and a new application shall have been, or shall hereafter be, filed, and a pension has been, or shall hereafter be, allowed in such claim, such pension shall date from the time of filing the first application, provide'd the evidence in the case shall show a pensionable disability to have existed, or to exist, at the time of filing such first application, anything in any law or ruling of the Department to the contrary notwithstanding. PENSION FOR AGE AND SERVICE OF 90 DAYS. ACT FEBRUARY 6, 1907 (34 STAT. L., 879). SECTION 1. That any person who served ninety days or more in the military or naval service of the United States during the late civil war or sixty days in the war with Mexico, and who has been honor- ably discharged therefrom, and who has reached the age of sixty-two years or over, shall, upon making proof of such facts according to such rules and regulations as the Secretary of the Interior may pro- vide, be placed upon the pension roll, and be entitled to receive a pension as follows : In case such person has reached the age of sixty- two years, twelve dollars per month; seventy years, fifteen dollars per month ; seventy-five years or over, twenty dollars per month ; and such pension shall commence from the date of filing of the applica- tion in the Bureau of Pensions after the passage and approval of this Act: Provided, That pensioners who are sixty-two years of age or over, and who are now receiving pensions under existing laws, or whose claims are pending in the Bureau of Pensions, may, by appli- cation to the Commissioner of Pensions in such form as ne may pre- scribe, receive the benefits of this Act ; and nothing herein contained shall prevent any pensioner or person entitled to a pension from i Fee for services in prosecuting claim not to be greater than $10. (See sec. 4, act June 27, 1890, p. 115.) 32 LAWS GOVERNING ARMY AND NAVY PENSIONS. prosecuting his claim and receiving a pension under any other gen- eral or special Act : Provided, That no person shall receive a pension under any other law at the same time or for the same period that he is receiving a pension under the provisions of this Act: Provided further, That no person who is now receiving or shall hereafter re- ceive a greater pension under any other general or special law than he would be entitled to receive under the provisions herein shall be pensionable under this Act. SEC. 2. That rank in the service shall not be considered m appli- cations filed hereunder. SEC. 3. That no pension attorney, claim agent, or other person shall be entitled to receive any compensation for services rendered in pre- senting any claim to the Bureau of Pensions, or securing any pension, under this Act. AGE A " PERMANENT SPECIFIC DISABILITY." ACT APRIL 24, 1906 (34 STAT. L., 133). * * * And provided further, That the age of sixty-two years and over shall be considered a permanent specific disability within the meaning of the pension laws. PROVISIONS ACT FEBRUARY 6, 1907, EXTENDED. ACT MARQH 4, 1907 (34 STAT. L., 1406). * * * And provided further, That hereafter the age of sixty- two years and over shall be considered a permanent specific disability within the meaning of the pension laws: And provided further, That the benefits of the Act of February sixth, nineteen hundred and seven, entitled "An Act granting pension to certain enlisted men, sol- diers, and officers who served in the civil war and the war with Mexico," are hereby extended to include any person who served the period of time therein specified during the late civil war or in the war with Mexico and who is now or may hereafter become entitled to pension under the Acts of June twenty-seventh, eighteen hundred and ninety, February fifteenth, eighteen hundred and ninety-five, and the joint resolution of July first, nineteen hundred and two, or the Acts of January twenty-ninth, eighteen hundred and eighty- seven, March third, eighteen hundred and ninety-one, and February seventeenth, eighteen hundred and ninety-seven. PENSIONS ACCORDING TO AGE AND LENGTH OF SERVICE. ACT MAY 11, 1912 (37 STAT. L., 112). That any person who served ninety days or more in the military or naval service of the United States during the late Civil War, who has been honorably discharged therefrom, and who has reached the age of sixty-two years or over, shall, upon making proof of such facts, according to such rules and regulations as the Secretary of the Interior may provide, be placed upon the pension roll and be entitled to receive a pension as follows: In case such person has reached the age of sixty-two years and served ninety days, thirteen dollars per LAWS GOVERNING ABMY AND NAVY PENSIONS. 33 month; six months, thirteen dollars and fifty cents per month; one year, fourteen dollars per month; one and a half years, fourteen dollars and fifty cents per month; two years, fifteen dollars per month; two and a half years, fifteen dollars and fifty cents per month ; three years or over, sixteen dollars per month. In case such person has reached the age of sixty-six years and served ninety days, fifteen dollars per month ; six months, fifteen dollars and fifty cents per month ; one year, sixteen dollars per month ; one and a half years, sixteen dollars and fifty cents per month ; two years, seventeen dollars per month ; two and a half years, eighteen dollars per month ; three years or over, nineteen dollars per month. In case such person has reached the age of seventy years and served ninety days, eighteen dollars per month ; six months, nineteen dollars per month ; one year, twenty dollars per month; one and a half years, twenty-one dollars and fifty cents per month ; two years, twenty-three dollars per month ; two and a half years, twenty- four dollars per month ; three years or over, twenty-five dollars per month. In case such person has reached the age of seventy-five years and served ninety days, twenty-one dollars per month ; six months, twenty-two dollars and fifty cents per month; one year, twenty-four dollars per month; one and a half years, twenty-seven dollars per month; two years or over, thirty dollars per month. That any person who served in the military or naval service of the United States during the Civil War and received an honorable discharge, and who was wounded in battle or in line of duty and is now unfit for manual labor by reason thereof, or who from disease or other causes incurred in line of duty resulting in his disability is now unable to perform manual labor, shall be paid the maximum pension under this Act, to wit, thirty dollars per month, without regard to length of service or age. That any person who has served sixty days or more in the military or naval service of the United States in the War with Mexico and has been honorably discharged therefrom, shall, upon making like proof of such service, be entitled to receive a pension of thirty dollars per month. All of the aforesaid pensions shall commence from the date of filing of the applications in the Bureau of Pensions after the pas- sage and approval of this Act: Provided, That pensioners who are sixty-two years of age or over, and who are now receiving pensions under existing laws, or whose claims are pending in the Bureau of Pensions, may, by application to the Commissioner of Pensions, in such form as he may prescribe, receive the benefits of this Act ; and nothing herein contained shall prevent any pensioner or person en- titled to a pension from prosecuting his claim and receiving a pen- sion under any other general or special Act : Provided, That no per- son shall receive a pension under any other law at the same time or for the same period that he is receiving a pension under the pro- visions of this Act: Provided further, That no person who is now receiving or shall hereafter receive a greater pension, under any other general or special law, than he would be entitled to receive under the provisions herein shall be pensionable under this Act. SEC. 2. That rank in the service shall not be considered in applica- tions filed hereunder. 34 LAWS GOVERNING ARMY AND NAVY PENSIONS. SEC. 3. That no pension attorney, claim agent, or other person shall be entitled to receive any compensation for services rendered in pre- senting any claim to the Bureau of Pensions, or securing any pension, under this Act, except in applications for original pension by per- sons who have not heretofore received a pension. SEC. 4. That the benefits of this Act shall include any person who served during the late Civil War, or in the War with Mexico, and who is now or may hereafter become entitled to pension under the Acts of June twenty-seventh, eighteen hundred and ninety, February fifteenth, eighteen hundred and ninety-five, and the joint resolutions of July first, nineteen hundred and two, and June twenty-eighth, nineteen hundred and six, or the Acts of January twenty-ninth, eighteen hundred and eighty-seven, March third, eighteen hundred and ninety-one, and February seventeenth, eighteen hundred and ninety-seven. 1 RECORD OF PENSIONS GRANTED; AUTOMATIC INCREASE. ACT MARCH 4, 1913 (37 STAT. L., 1019). That the general pension Act of May eleventh, nineteen hundred and twelve, is hereby amended by striking out section five and adding in lieu thereof a new section, so as to read as follows : " SEC. 5. That it shall be the duty of the Commissioner of Pensions, as each application for pension filed under this Act is adjudicated, to cause to be kept a record showing the name, length of service, and age of each claimant, the monthly rate of payment granted to or received by him, and the county and State of his residence; and shall at the end of the fiscal year nineteen hundred and fourteen tabulate the records so obtained by States and counties, and to furnish certified copies thereof upon demand and payment of such fee therefor as is provided by law for certified copies of records in the executive de- partments; and that further increase of rate under this Act on ac- count of advancing age shall be made without further application by pensioner and shall take effect and commence from the date he is shown by the aforesaid record to have attained the age provided by this Act as a basis of rating : Provided, That where a claim has been heretofore adjudicated and the record therein does not sufficiently establish the date of birth of the soldier or sailor pensioner nothing herein shall prevent such further investigation as is deemed neces- sary, in order to establish a record upon which future increases of rate under this Act, on account of advancing age, may be possible, the object being to advance automatically the rate of pension, as provided for by this Acl, without unnecessary expense to the pen- sioner." RATES FOR PERMANENT SPECIFIC DISABILITIES. SECTION 4697, REVISED STATUTES. For the period commencing July fourth, eighteen hundred and sixty-four, and ending June third, eighteen hundred and seventy- two, those persons entitled to a less pension than hereinafter men- tioned, who shall have lost both feet in the military or naval service 1 Sec. 5 of this act amended by act Mar. 4, 1913, following. LAWS GOVERNING ARMY AND NAVY PENSIONS, 35 and in the line of duty, shall be entitled to a pension of twenty dol- lars per month; for the same period those persons who, under like circumstances, shall have lost both hands or the sight of both eyes, shall be entitled to a pension of twenty-five dollars per month; and for the period commencing March third, eighteen hundred and sixty- five, and ending June third, eighteen hundred and seventy-two, those persons who under like circumstances shall have lost one hand and one foot, shall be entitled to a pension of twenty dollars per month : and for the period commencing June sixth, eighteen hundred and sixty-six, and ending June third, eighteen hundred and seventy-two, those persons who under like circumstances shall have lost one hand or one foot, shall be entitled to a pension of fifteen dollars per month ; and for the period commencing June sixth, eighteen hundred and sixty-six, and ending June third, eighteen hundred and seventy- two, those persons entitled to a less pension than hereinafter men- tioned, who by reason of injury received or disease contracted in the military or naval service of the United States and in the line of duty, shall have been permanently and totally disabled in both hands, or who shall have lost the sight of one eye, the other having been previously lost, or who shall have been otherwise so totally and per- manently disabled as to render them utterly helpless, or so nearly so as to require regular personal aid and attendance of another per- son, shall be entitled to a pension of twenty-five dollars per month ; and for the same period those who under like circumstances shall have been totally and permanently disabled in both feet, or in one hand and one foot, or otherwise so disabled as to be incapacitated for the performance of any manual labor, but not so much as to require regular personal aid and attention, shall be entitled to a pension of twenty dollars per month ; and for the same period all persons who under like circumstances shall have been totally and permanently disabled in one hand, or one foot, or otherwise so disabled as to render their inability to perform manual labor equivalent to the loss of a hand or foot, shall be entitled to a pension of fifteen dollars per month. PERMANENT SPECIFIC DISABILITIES SINCE JUNE 4, 1872. SECTION 4698, REVISED STATUTES. From and after June fourth, eighteen hundred and seventy-two, all persons entitled by law to a less pension than hereinafter specified, who while in the military or naval service of the United States, and in line of duty, shall have lost the sight of both eyes, or shall have lost the sight of one eye, the sight of the other having been previously lost, or shall have lost both hands, or shall have lost both feet, or been permanently and totally disabled in the same, or otherwise so perma- nently and totally disabled as to render them utterly helpless, or so nearly so as to require the regular personal aid and attendance of another person, shall be entitled to a pension of thirty-one dollars and twenty-five cents per month; and all persons who, under like circumstances, shall have lost one hand and one foot, or been totally and permanently disabled in the same, or otherwise so disabled as to be incapacitated for performing any manual labor, but not so much as to require regular personal aid and attendance, shall be entitled to a pension of twenty- four dollars per month ; and all persons who. 36 LAWS GOVERNING ARMY AND NAVY PENSIONS. under like circumstances, shall have lost one hand, or one foot, or been totally and permanently disabled in the same, or otherwise so disabled as to render their incapacity to perform manual labor equiv- alent to the loss of a hand or foot, shall be entitled to a pension of eighteen dollars per month: Provided, That all persons who, under like circumstances, have lost a leg above the knee, and in consequence thereof are so disabled that they can not use artificial limbs, shall be rated in the second class and receive twenty-four dollars per month from and after June fourth, eighteen hundred and seventy-two; and all persons who, under like circumstances, shall have lost the hearing of both ears, shall be entitled to a pension of thirteen dollars per month from the same date: Provided, That the pension for a dis- ability not permanent, equivalent in degree to any provided for in this section, shall, during the continuance of the disability in such degree, be at the same rate as that herein provided for a permanent disability of like degree. INCREASED BATES FOR TOTAL HELPLESSNESS. ACT JUNE 18, 1874 (18 STAT. L., 78). SECTION 1. That section four of the act entitled "An act to revise, consolidate, and amend the laws relating to pensions," and approved March third, eighteen hundred and seventy-three, be so amended that all persons who, while in the military or naval service of the United States, and in the line of duty, shall have been so permanently and totally disabled as to require the regular personal aid and attendance of another person, by the loss of the sight of both eyes, or by the loss of the sight of one eye, the sight of the other having been previously lost, or by the loss of both hands, or by the loss of both feet, or by any other injury resulting in total and permanent helplessness, shall be entitled to a pension of fifty dollars per month ; and this shall be in lieu of a pension of thirty-one dollars and twenty-five cents per month granted to such person by said section: Provided, That the increase of pension shall not be granted by reason of any of the inju- ries herein specified unless the same shall have resulted in permanent total helplessness, requiring the regular personal aid and attendance of another person. SEC. 2. That this act shall take effect from and after the fourth day of June, eighteen hundred and seventy-four. RATE OF $72 PER MONTH FOR TOTAL HELPLESSNESS. ACT JUNE 16, 1880 (21 STAT. L. f 281). SECTION 1. That all soldiers and sailors who are now receiving a pension of fifty dollars per month, under the provisions of an act entitled "An act to increase the pension of soldiers and sailors who have been totally disabled,"' approved June eighteenth, eighteen hun- dred and seventy-four, shall receive, in lieu of all pensions now paid them by the Government of the United States, and there shall be paid them in the same manner as pensions are now paid to such per- sons, the sum of seventy two dollars per month. SEC. 2. All pensioners whose pensions shall be increased by the provisions of this act from fifty dollars per month to seventy two LAWS GOVERNING ARMY AND NAVY PENSIONS. 37 dollars per month shall be paid the difference between said sums monthly, from June seventeenth, eighteen hundred and seventy eight, to the time of the taking effect of this act. LOSS OF BOTH HANDS, BOTH FEET, OR SIGHT OF BOTH EYES. ACT JUNE 17, 1878 (20 STAT. L., 144). That on and after the passage of this act, all soldiers and sailors who have lost either both their hands or both their feet or the sight of both eyes in the service of the United States, shall reecive, in lieu of all pensions now paid them by the Government of the United States, and there shall be paid to them, in the same manner as pensions are now paid to such persons, the sum of seventy-two dollars per month. TOTAL BLINDNESS. ACT MARCH 3, 1879 (20 STAT. L., 484). That the act of June seventeenth, eighteen hundred and seventy- eight, entitled "An act to increase the pensions of certain soldiers and sailors who have lost both their hands or both their feet, or the sight of both eyes, in the service of the country," be so construed as to include all soldiers and sailors who have become totally blind from causes occurring in the service of the United States. RATE OF $100 FOR TOTAL BLINDNESS. ACT APRIL 8, 1904 (33 STAT. L., 163). That from and after the passage of this Act all persons on the pension roll, and all persons hereafter granted a pension, who, while in the military or naval service of the United States and in the line of duty, shall have lost both eyes, or who have become totally blind from causes occurring in the service of the United States, shall re- ceive a pension at the rate of one hundred dollars per month: Pro- vided, however, That this Act shall not be so construed as to reduce any pension under any Act, public or private. RATE OF $100 FOR LOSS OF BOTH HANDS. ACT FEBRUARY 12, 1889 (25 STAT. L., 659). That from and after the passage of this act all persons who, in the military or naval service of the United States and in the line of duty, have lost both hands, shall be entitled to a pension of one hun- dred dollars per month. LOSS OF ONE HAND AND ONE FOOT. ACT FEBRUARY 28, 1877 (19 STAT. L., 264). That all persons who, while in the military or naval service of the United States and in the line of duty, shall have lost one hand and one foot, or been totally and permanently disabled in both, shall be entitled to a pension for each of such disabilities, and at such a rate as is provided for by the provisions of the existing laws for each disability : Provided, That this act shall not be so construed as to reduce pensions in any case. 38 LAWS GOVEKNING ARMY AND NAVY PENSIONS. AMPUTATION AT OR ABOVE ELBOW OR KNEE. ACT JUNE 18, 1874 (18 STAT. L., 78). SECTION 1. That all persons who are now entitled to pensions under existing laws and who have lost either an arm at or above the elbow, or a leg at or above the knee, shall be rated in the second class, and shall receive twenty-four dollars per month : Provided, That no arti- ficial limbs, or commutation therefor, shall be furnished to such persons as shall be entitled to pensions under this act. SEC. 2. That this act shall take effect from and after the fourth day of June, eighteen hundred and seventy-four. INCREASE FOR' CERTAIN DISABILITIES. ACT MARCH 3, 1883 (22 STAT. L., 453). That from and after the passage of this act all persons on the pension-roll, and all persons hereafter granted a pension, who, while in the military or naval service of the United States, and in the line of duty, shall have lost one hand or one foot, or been totally or per- manently disabled in the same, or otherwise so disabled as to render their incapacity to perform manual labor equivalent to the loss of a hand or foot, shall receive a pension of twenty-four dollars per month; that all persons now on the pension-roll and all persons here- after granted a pension who in like manner shall have lost either an arm at or above the elbow or a leg at or above the knee, or shall have been otherwise so disabled as to be incapacitated for performing any manual labor, but not so much as to require regular personal aid and attendance, shall receive a pension of thirty dollars per month: Provided, That nothing contained in this act shall be construed to repeal section forty-six hundred and ninety-nine of the Revised Statutes of the United States or to change the rate of eighteen dollars per month therein mentioned to be proportionately divided for any degree of disability established for which section forty-six hundred and ninety-five makes no provision. AMPUTATION AT HIP JOINT. ACT MARCH 3, 1879 (20 STAT. L., 483). That all pensioners now on the pension rolls, or who may hereafter be placed thereon, for amputation of either leg at the hip joint shall receive a pension at the rate of thirty-seven dollars and fifty cents per month from the date of the approval of this act. AMPUTATION AT SHOULDER JOINT. ACT MARCH 3, 1885 (23 STAT. L., 437). That all soldiers and sailors of the United States who have had an arm taken off at the shoulder joint, caused by injuries received in the service of their country while in the line of duty, and who are now receiving pensions, shall have their pensions increased to the same amount that the law now gives to soldiers and sailors who have lost a leg at the hip joint; and this act shall apply to all who jhall be hereafter placed on the pension-roll. LAWS GOVERNING ARMY AND NAVY PENSIONS. 39 INCREASED RATES. ACT AUGUST 4, 1886 (24 STAT L., 220). That from and after the passage of this act all persons on the pen- sion-rolls, and all persons hereafter granted a pension, who, while in the military or naval service of the United States and in line of duty, shall have lost one hand or one foot, or been totally disabled in the same, shall receive a pension of thirty dollars a month ; that all per- sons now on the pension-rolls, and all persons hereafter granted a pension, who in like manner shall have lost either an arm at or above the elbow or a leg at or above the knee, or been totally disabled in the same, shall receive a pension of thirty-six dollars per month; and that all persons now on the pension-rolls, and all persons, here- after granted a pension who in like manner shall have lost either an arm at the shoulder- joint or a leg at the hip -joint, or so near the joint as to prevent the use of an artificial limb, shall receive a pen- sion at the rate of forty-five dollars per month: Provided, That nothing contained in this act shall be construed to repeal section forty-six hundred and ninety-nine of the Revised Statutes of the United States, or to change the rate of eighteen dollars per month therein mentioned to be proportionately divided for any degree of disability established for which section forty-six hundred and ninety- five makes no provision. INCREASED RATES. ACT MARCH 2, 1903 (32 STAT. L., 944). That from and after the r assage of this act all persons on the pen- sion roll, and all persons hereafter granted a pension, who, while in the military or naval service of the United States and in the line of duty, shall have lost one hand or one foot, or been totally disabled in the same, shall receive a pension at the rate of forty dollars per month ; that all persons who, in like manner, shall have lost an arm at or above the elbow or a leg at or above the knee, or been totally dis- abled in the same, shall receive a pension at the rate of forty-six dol- lars per month ; that all persons who, in like manner, shall have lost an arm at the shoulder joint or a leg at the hip joint, or so near the shoulder or hip joint or where the same is in such a condition as to prevent the use of an artificial limb, shall receive a pension at the rate of fifty-five dollars per month, and that all persons who, in like manner, shall have lost one hand and one foot, or been totally dis- abled in the same, shall receive a pension at the rate of sixty dollars per month; and that all persons who, in like manner, shall have lost both feet shall receive a pension at the rate of one hundred dol- lars per month: Provided, however, That this Act shall not be so construed as to reduce any pension under any act, public or private. RATES FOR DEGREES OF DEAFNESS. ACT AUGUST 27, 1888 (25 STAT. L., 449). That from and after the passage of this act all persons on the pension-rolls of the United States, or who may hereafter be thereon, drawing pension on account of loss of hearing, shall be entitled to receive, in lieu of the amount now paid in case of .such disability, the 70942 17 4 40 LAWS GOVERNING ARMY AND NAVY PENSIONS. sum of thirty dollars, in cases of total deafness, and such proportion thereof in cases of partial deafness as the Secretary of the Interior may deem equitable ; the amount paid to be determined by the degree of disability existing in each case. INCREASE TOTAL DEAFNESS $40. ACT JANUARY 15, 1903 (32 STAT. L., 773). That from and after the passage of this act all persons on the pen- sion roll of the United States, or who may hereafter be placed thereon, receiving pension for total loss of hearing due to causes originating in the military or naval service of the United States and in the line of duty, shall be entitled to receive, in lieu of the amount now paid in case of such disability, the sum of forty dollars per month : Provided, That said increase shall in no manner affect the rate of pension now being paid and allowable for partial deafness, the rating for which shall be continued and determined in accordance with the provisions of existing law. PROVISIONS A3 TO TOTAL HELPLESSNESS EXTENDED, ACT MARCH 4, 1890 (26 STAT. L., 16). That all soldiers, sailors, and marines who have since the sixteenth day of June, eighteen hundred and eighty, or who may hereafter be- come so totally and permanently helpless from injuries received or disease contracted in the service and line of duty as to require the regular personal aid and attendance of another person, or who, if otherwise entitled, were excluded from the provisions of "An act to increase pensions of certain pensioned soldiers and sailors who are utterly helpless from injuries received or disease contracted while in the United States service," approved June sixteenth, eighteen hun- dred and eighty, shall be entitled to receive a pension at the rate of seventy-two dollars per month from the date of the passage of this act or of the certificate of the examining surgeon or board of sur- geons showing such degree of disability made subsequent to the pas- sage of this act. FREQUENT AND PERIODICAL AID AND ATTENDANCE. ACT JULY 14, 1892 (27 STAT. L., 149). That soldiers and sailors who are shown to be totally incapaci- tated for performing manual labor by reason of injuries received or disease contracted in the service of the United States and in line of duty, and who are thereby disabled to such a degree as to require frequent and periodical, though not regular and constant, personal aid and attendance of another person, shall be entitled to receive a pension of fifty dollars per month from and after the date of the certificate of the examining surgeon or board of examining surgeons showing such degree of disability, and made subsequent to the passage of this act. DISABILITIES NOT PERMANENT AND SPECIFIC. SECTION 4698$, REVISED STATUTES. Except in cases of permanent specific disabilities, no increase of pension shall be allowed to commence prior to the date of -the ex- LAWS GOVERNING ARMY AND NAVY PENSIONS. 41 amihing surgeon's certificate establishing the same, made under the pending claim for increase, and in this, as well as all other cases, the certificate of an examining surgeon, or of a board of examining sur- geons, shall be subject to the approval of the Commissioner of Pen- sions. RATE OF $18 DIVISIBLE. SECTION 4699, REVISED STATUTES. The rate of eighteen dollars per month may be proportionately divided for any degree of disability established for which section forty-six hundred and ninety-five makes no provision. MINIMUM RATE, $6. ACT MARCH 2, 1895 (28 STAT. L., 704). * * * And it is further provided, That from and after the passage of this Act 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 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 pensionable period prior to the passage of this Act, nor authorize a rerating of any claims for any part of such period, nor prevent the allowance of lower rates than six dollars per month, according to the existing prac- tice in the Pension Office in pending cases covering any pensionable period prior to the passage of this Act. ARREARS OF PENSIONS. ACT JANUARY 25, 1879 (20 STAT. L., 265). SECTION 1. That all pensions which have been granted under the general laws regulating pensions, or may hereafter be granted, in consequence of death from a cause which originated in the United States service during the continuance of the late war of the rebellion, or in consequence of wounds, injuries, or disease received or con- tracted in said service during said war of the rebellion, shall com- mence from the date of the death or discharge from said service of the person on whose account the claim has been or shall hereafter be granted, or from the termination of the right of the party having prior title to such pension: Provided, The rate of pension for the intervening time for which arrears of pension are hereby granted shall be the same per month for which the pension was originally granted. SEC. 2. That the Commissioner of Pensions is hereby authorized and directed to adopt such rules and regulations for the payment of the arrears of pension hereby granted as will be necessary to cause to be paid to such pensioner, or, if the pensioner shall have died, to the person or persons entitled to the same, all such arrears of pension as the pensioner may be, or would have been, entitled to under this act. 42 LAWS GOVEKNING ARMY AND NAVY PENSIONS. SEC. 3. That section forty-seven hundred and seventeen of the Re- vised Statutes of the United States, which provides that " no claim for pension not prosecuted to a successful issue within five years from the date of filing the same shall be admitted without record evidence from the War or Navy Department of the injury or the disease which resulted in the disability or death of the person on whose account the claim is made: Provided, That in any case in which the limitation prescribed by this section bars the further prosecution of the claim, the claimant may present, through the Pension Office, to the Adju- tant-General of the Army or the Surgeon-General of the Navy, evi- dence that the disease or injury which resulted in the disability or death of the person on whose account the claim is made originated in the service and in the line of duty; and if such evidence is deemed satisfactory by the officer to whom it may be submitted, he shall cause a record of the fact so proved to be made, and a copy of the same to be transmitted to the Commissioner of Pensions, and the bar to the prosecution of the claim shall thereby be removed," be, and the same is hereby, repealed. SEC. 4. No claim agent or other person shall be entitled to receive any compensation for services in making application for arrears of pension. SEC. 5. That all acts or parts of acts so far as they may conflict with the provisions of this act be, and the same are hereby, repealed. RATE OF ARREARS AND COMMENCEMENT OF PENSION. ACT MARCH 3, 1879 (20 STAT. L., 469). SECTION 1. That the rate at which the arrears of invalid pensions shall be allowed and computed in the cases which have been or shall hereafter be allowed shall be graded according to the degree of the pensioner's disability from time to time, and the provisions of the pension laws in force over the period for which the arrears shall be computed. That section one of the act of January twenty- fifth, eighteen hun- dred and seventy-nine, granting arrears of pensions shall be construed to extend to and include pensions on account of soldiers who were enlisted or drafted for the service in the War of the Kebellion, but died or incurred disability from a cause originating after the cessa- tion of hostilities, and before being mustered out : Provided, That in no case shall arrears of pensions be allowed and paid from a time prior to the date of actual disability. SEC. 2. All pensions which have been, or which may hereafter be, granted in consequence of death occurring from a cause which origi- nated in the service since the fourth day of March, eighteen hundred and sixty-one, or in consequence of wounds or injuries received or disease contracted since that date shall commence from the death or discharge of the person on whose account the claim has been or is hereafter granted if the disability occurred prior to discharge, and if such disability occurred after the discharge then from the date of actual disability or from the termination of the right of party having prior title to such pension : Provided, The application for such pen- sion has been or is hereafter filed with the Commissioner of Pensions prior to the first day of July, eighteen hundred and eighty, other- LAWS GOVERNING ARMY AND NAVY PENSIONS. 43 wise the pension shall commence from the date of filing the applica- tion 1 ; but the limitation herein prescribed shall not apply to claims by or in behalf of insane persons and children under sixteen years of age. SEC. 3. Section forty-seven hundred and nine of the Revised Statutes is hereby repealed. SOUNDNESS AT ENLISTMENT PRESUMED. ACT MARCH 3, 1885 (23 STAT. L., 362). * Provided, That all applicants for pensions shall be pre- sumed to have had no disability at the time of enlistment; but such presumption may be rebutted. NOTES. Act July 16, 1862 (12 Stat. L., 587), Western gunboat fleet trans- ferred from War to Navy Department. Act February 27, 1899 (30 Stat. L., 894), provides for relief of the Fourth Arkansas Mounted Infantry, commanded by Elisha Baxter. Act February 2, 1901, sees. 36 and 37 (31 Stat. L., 757-8), relates to status of Philippine scouts and provisional regiment Porto Rico infantry. Act February 27, 1905 (33 Stat. L., 816), provides for the relief of certain enlisted men of the Twentieth New York Volunteer Infantry. Honorable discharge as of June 1, 1863, etc. 1 Limitation as to date of filing application in widows' claims removed by act of June 7, 1888, p. 45. CHAPTER IV. PENSIONS TO WIDOWS AND DEPENDENT RELATIVES BASED ON SERVICE SINCE MARCH 4, 1861, WIDOWS AND MINORS WHEN ENTITLED. ACT AUGUST 7, 1882, AMENDING SECTION 4702, REVISED STATUTES (22 STAT. L., 345). " SEC. 4702. If any person embraced within the provisions of sec- tions forty-six hundred and ninety-two and forty six hundred and ninety-three has died since the fourth day of March, eighteen hun- dred and sixty-one, or hereafter dies, by reason of any wound, injury, or disease which under the conditions and limitations of such sections would have entitled him to an invalid pension had he been disabled, his widow, or if there be no widow, or in case of her death without payment to her of any part of the pension hereinafter mentioned, his child or children under sixteen years of age, shall be entitled to re- ceive the same pension as the husband or father would have been entitled to had he been totally disabled, to commence from the death of the husband or father, to continue to the widow during her widow- hood, and to his child or children until they severally attain the age of sixteen years, and no longer; and if the widow remarry, the child or children shall be entitled from the date of remarriage, except when such widow has continued to draw the pension-money after her remarriage, in contravention of law, and such child or children have resided with and been supported by her, their pension will com- mence at the date to which the widow was last paid." SECTION 2. That marriages, except such as are mentioned in section forty-seven hundred and five of the Revised Statutes 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 ; and the open and notorious adulterous cohabitation of a widow who is a pensioner shall operate to terminate her pension from the commencement of such cohabitation. INCREASED RATE WIDOWS, MINORS, AND DEPENDENTS. ACT MARCH 19, 1886 (24 STAT. L., 5). SECTION 1. That from and after the passage of this act the rate of pension for widows, minor children, and dependent relatives now on the pension-roll, or hereafter to be placed on the pen- sion-roll, and entitled to receive a less rate than hereinafter pro- 44 LAWS GOVERNING ARMY AND NAVY PENSIONS. 45 vided, shall be twelve dollars per month; and nothing herein shall be construed to affect the existing allowance of two dollars per month for each child under the age of sixteen years: Provided, That this act shall apply only to widows who were married to the deceased soldier or sailor prior to its passage and to those who may hereafter marry prior to or during the service of the soldier or sailor. And all acts or parts of acts inconsistent with the provisions of this act are hereby repealed. SEC. 2. That no claim agent or attorney shall be recognized in the adjudication of claims under this act, nor shall any such person be entitled to receive any compensation whatever for services or pre- tended services in making applications thereunder. <. COMMENCEMENT OF WIDOW'S PENSION. ACT JUNE 7, 1888 (25 STAT. L., 173). That all pensions which have been, or which may hereafter be, granted under the general laws regulating pensions to widows in con- sequence of death occurring from a cause which originated in the service since the fourth day of March, eighteen hundred and sixty- one, shall commence from the date of death of the husband : * * *. SOLDIERS MURDERED AT CENTRALIA, MO. ACT MARCH 3, 1875 (18 STAT. L., 671). SECTION 1. That the provisions of existing pension laws be, and the same are hereby, extended to the widows, children, dependent mothers and fathers, or orphan brothers and sisters, in the order named, of those lately discharged soldiers of the Army of the United States, who were murdered by guerrillas at Centralia, Missouri, in eighteen hundred and sixty-four, while being transported on the North Missouri Railroad. SEC. 2. That the provisions of this act shall be construed to extend to the widows, children, dependent mothers and fathers, or orphan brothers and sisters, in the order named, of any member of the Missouri militia who was murdered as aforesaid by guerrillas at Centralia, Missouri, in eighteen hundred and sixty-four. INCREASE ON ACCOUNT OF MINOR CHILDREN. SECTION 4703, REVISED STATUTES. The pensions of widows shall be increased from and after the twenty-fifth day of July, eighteen hundred and sixty-six at the rate of two dollars per month for each child under the age of sixteen years, of the husband on account of whose death the claim has been, or shall be, granted. And in every case in which the deceased husband has left, or shall leave, no widow, or where his widow has died or married again, or where she has been deprived of her pension under the provisions of the pension-law, the pension granted to such child or children shall be increased to the same amount per month that would be allowed under the foregoing provisions to the widow, if living and entitled to a pension : Provided, That the additional pen- 46 LAWS GOVERNING ARMY AND NAVY PENSIONS. sion herein granted to the widow on account of the child or children of the husband by a former wife shall be paid to her only for such period of her widowhood as she has been, or shall be, charged with the maintenance of such child or children; for any period during which she has not been, or she shall not be, so charged, it shall be granted and paid to the guardian of such child or children: Pro- vided further, That a widow or guardian to whom increase of pension has been, or shall hereafter be, granted on account of minor children, shall not be deprived thereof by reason of their being maintained in whole or in part at the expense of a State or the public in any educa- tional institution, or in any institution organized for the care of soldiers' orphans. 1 WIDOWS AND MINORS; CAUSE OF DEATH NOT MATERIAL. ACT JUNE 27, 1890 (26 STAT. L., 182). SEC. 3. 2 That if any officer or enlisted man who served ninety days or more in the Army or Navy of the United States during the late war of the rebellion, and who was honorably discharged has died, or shall hereafter die, leaving a widow without other means of support than her daily labor, or minor children under the age of sixteen years, such widow shall, upon due proof of her husband's death, without proving his death to be the result of his army service, be placed on the pension-roll from the date of the application therefor under this act, at the rate of eight dollars per month during her widowhood, and shall also be paid two dollars per month for each child of such officer or enlisted man under sixteen years of age, and in case of the death or remarriage of the widow, leaving a child or children of such officer or enlisted man under the age of sixteen years, such pension shall be paid such child or children until the age of sixteen: Pro- vided, That in case a minor child is insane, idiotic, or otherwise per- manently helpless, the pension shall continue during the life of said child, or during the period of such disability, and this proviso shall apply to all pensions heretofore granted or hereafter to be granted under this or any former statute, and such pensions shall commence from the date of application therefor after the passage of this act: And provided further, That said widow shall have married said soldier prior to the passage of this act. 3 WIDOWS AND MINORS; NET INCOME. ACT MAY 9, 1900 (31 STAT. L., 170). That if any officer or enlisted man who served ninety days or more in the Army or Navy of the United States during the late war of the rebellion, and who was honorably discharged has died, or shall here- after die, leaving a widow without means of support other than her daily labor, and an actual net income not exceeding two hundred and 1 The $2 additional pension granted under this section on account of minor children under 16 years of age may be continued In cases of insane, idiotic, or helpless children during the life of such children or during the period of their disability, under the proviso of the third section of the act of June 27, 1890, and amendment of May 9, 1900. 2 See joint resolution, Feb. 15, 1895, p. 31. 8 Pee for prosecution of claim not to be greater than $10. (See sec. 4, act June 27, 1890, p. 115.) LAWS GOVERNING ARMY AND NAVY PENSIONS. 47 fifty dollars per year, or minor children under the age of sixteen years, such widow shall, upon due proof of her husband's death, without proving his death to be the result of his Army service, be placed on the pension roll from the date of the application therefor under this Act, at the rate of eight dollars per month during her widowhood, and shall also be paid two dollars per month for each child of such officer or enlisted man under sixteen years of age; and in case of the death or remarriage of the widow, leaving a child or children of such officer or enlisted man under the age of sixteen years, such pension shall be paid such child or children until the age of sixteen: Provided, That in case a minor child is insane, idiotic, or otherwise physically or mentally helpless, the pension shall con- tinue during the life of said child, or during the period of such disa- bility ; and this proviso shall apply to all pensions heretofore granted or hereafter to be granted under this or any former statute ; and such pensions shall commence from the date of application therefor after the passage of this Act: And provided further, That said widow shall have married said soldier prior to the passage of the said Act of June twenty-seventh, eighteen hundred and ninety. 1 INCREASE, WIDOWS AND MINORS; REGARDLESS OF INCOME. ACT APRIL 19, 1908 (35 STAT. L., 64). SECTION 1. That from and after the passage of this Act the rate of pension for widows, minor children under the age of sixteen years, and helpless minors as defined by existing laws, now on the roll or hereafter to be placed on the pension roll and entitled to receive a less rate than hereinafter provided, shall be twelve dollars per month; and nothing herein shall be construed to affect the existing allowance of two dollars per month for each child under the age of sixteen years and for each helpless child; and all Acts or parts of Acts inconsistent with the provisions of this Act are hereby repealed : Provided, however, That this Act shall not be so construed as to re- duce any pension under any act, public or private. SEC. 2. That if any officer or enlisted man who served ninety days or more in the Army or Navy of the United States during the late civil war and who has been honorably discharged therefrom has died or shall hereafter die, leaving a widow, such widow shall, upon due proof of her husband's death, without proving his death to be the result of his army or navy service, be placed on the pension roll from the date of the filing of her application therefor under this Act at the rate of twelve dollars per month during her widowhood, provided that said widow shall have married said soldier or sailor prior to June twenty-seventh, eighteen hundred and ninety; and the benefits of this section shall include those widows whose husbands if living would have a pensionable status under the Joint Resolutions of February fifteenth, eighteen hundred and ninety-five, July first, nineteen hundred and two, and June twenty-eighth, nineteen hun- dred and six. 2 1 Fee for services In prosecution of claim not to be greater than $10. (See sec. 4, act June 27, 1890, p. 115.) 2 No fee for prosecution of claim under sec. 1. Under sec. 2 fee shall not be greater than $10. (See p. 117.) 48 LAWS GOVERNING ARMY AND NAVY PENSIONS. CONTINUOUS COHABITATION; DATE OF MARRIAGE. ACT MARCH 3, 1899 (30 STAT. L., 1379). * * * Provided further, That hereafter no pension under any law of the United States shall be granted, allowed, or paid to the widow of a soldier, sailor, officer, naval or military, marine, marine officer, or any other male person entitled to a pension under any law of the United States, unless it shall be proved and established that the marriage of such widow to the soldier, sailor, officer ? marine, or other person on account of whose service the pension is asked, was duly and legally contracted and entered into prior to the pas- sage of this Act, or unless such wife shall have lived and cohabited with such soldier, sailor, officer, marine, marine officer, or other per- son continuously from the date of the marriage to the date of his death, or unless the marriage shall take place hereafter and prior to or during the military or naval service of the soldier, sailor, officer, marine, or other person on account of whose service the pen- sion is asked or claimed. This proviso shall not apply to or affect the widow of any soldier, sailor, marine, officer, or marine officer serving or who has served in the war between the United States and the Kingdom of Spain. LEGITIMACY CF CHILDREN. SECTION 4704, REVISED STATUTES. In the administration of the pension laws children born before the marriage of their parents, if acknowledged by the father before or after the marriage, shall be deemed legitimate. WIDOWS OF COLORED AND INDIAN SOLDIERS. SECTION 4705, REVISED STATUTES. The widows of colored and Indian soldiers and sailors who have died, or shall hereafter die, by reason of wounds or injuries received, or casualty received, or disease contracted, in the military or naval service of the United States, and in the line of duty, shall be entitled to receive the pension provided by law without other evidence of mar- riage than satisfactory proof that the parties were joined in marriage by some ceremony deemed by them obligatory, or habitually recog- nized 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 date of death; and the children born of any marriage so proved shall be deemed and held to be lawful children of such soldier or sailor, but this section shall not be applicable to any claims on account of per- sons who enlist after the third day of March, one thousand eight hundred and seventy-three. ABANDONMENT OF CHILDREN BY WIDOW. SECTION 4706, REVISED STATUTES. If any person has died, or shall hereafter die, leaving a widow entitled to a pension by reason of his death and a child or children under sixteen years of age by such widow, and it shall be duly cer- LAWS GOVERNING ARMY AND NAVY PENSIONS. 49 tified under seal by any court having probate jurisdiction, that satis- factory evidence has been produced before such court, upon due notice to the widow, that she has abandoned the care of such child or chil- dren, or that she is an unsuitable person, by reason of immoral con- duct, to have the custody of the same, on presentation of satisfactory evidence thereof to the Commissioner of Pensions, no pension shall be allowed to such widow until such child or children shall have attained the age of sixteen years, any provisions of law to the con- trary notwithstanding; and the said child or children shall be pen- sioned in the same manner, and from the same date, as if no widow had survived such person, and such pension shall be paid to the guard- ian of such child or children ; but if in any case payment of pension shall have been made to the widow, the pension to the child or children shall commence from the date to which her pension has been paid. DEPENDENT RELATIVES. SECTION 4707, REVISED STATUTES. If any person embraced within the provisions of sections forty-six hundred and ninety-two and forty-six hundred and ninety-three has died since the fourth day of March, eighteen hundred and sixty-one, or shall hereafter die, by reason of any wound, injury, casualty, or disease, which under the conditions and limitations of such sections would have entitled him to an invalid pension, and has not left or shall not leave a widow or legitimate child, but has left or shall leave other relative or relatives who were dependent upon him for support, in whole or in part, at the date of his death, such relative or relatives shall be entitled, in the following order of precedence, to receive the same pension as such person would have been entitled to had he been totally disabled, to commence from the death of such person, namely : first, the mother ; secondly, the father ; thirdly, orphan brothers and sisters under sixteen years of age, who shall be pensioned jointly: Provided, That where orphan children of the same parent have different guardians, or a portion of them only are under guardian- ship, the share of the joint pension to which each ward shall be en- titled shall be paid to the guardian of such ward: Provided, That if in any case said person shall have left father and mother who were dependent upon him, then, on the death of the mother, the father shall become entitled to the pension, commencing from and after the death of the mother; and upon the death of the mother and father, or upon the death of the father and the remarriage of the mother, the dependent brothers and sisters under sixteen years of age shall jointly become entitled to such pension until they attain the age of sixteen years respectively, commencing from the death or remarriage of the party who had the prior right to the pension: Provided, That a mother shall be assumed to have been dependent upon her son within the meaning of this section if, at the date of his death, she had no other adequate means of support than the ordinary proceeds of her own manual labor and the contributions of said son or of any other persons not legally bound to aid in her support; and if, by actual contributions, or in any other way, the son had recognized his obligations to aid in support of his mother, 50 LAWS GOVERNING ARMY AND NAVY PENSIONS. or was by law bound to such support, and that a father or minor brother or sister shall, in like manner and under like conditions, be assumed to have been dependent, except that the income which was derived or derivable from his actual or possible manual labor shall be taken into account in estimating a father's means of independent support: Provided further, That the pension allowed to any person on account of his or her dependence, as hereinbefore provided, shall not be paid for any period during which it shall not be necessary as a means of adequate subsistence. 1 PARENTS' DEPENDENCE AT DATE OF FILING CLAIM, ACT JUNE 27, 1890 (26 STAT. L., 182). SECTION 1. That in considering the pension claims of dependent parents, the fact of the soldier's death by reason of any wound, in- jury, casualty, or disease which, under the conditions and limitations of existing laws, would have entitled him to an invalid pension, and the fact that the soldier left no widow or minor children having been shown as required by law, it shall be necessary only to show by competent and sufficient evidence that such parent or parents are without other present means of support than their own manual labor or the contributions of others not legally bound for their support: Provided, That all pensions allowed to dependent parents under this act shall commence from date of the filing of the application here- under and shall continue no longer than the existence of the depend- ence. STEAMER JEANNETTE. ACT JANUARY 3, 1887 (24 STAT. L., 883). SEC. 2. That the twenty-third day of March, eighteen hundred and eighty-two, being the date of finding the remains of the commanding officer and others of the said expedition, shall be deemed and taken to be the date of the decease of the following-named officers and en- listed men of the expedition who lost their lives in the retreat from the wreck of the said steamer Jeannette, namely: Lieutenant-Com- mander George W. De Long ; Lieutenant Charles W. Chipp ; Passed Assistant Surgeon James M. Ambler; Jerome J. Collins, meteorolo- gist ; William Dunbar, ice-pilot ; Walter Lee, machinist ; Henrich H. Kaack, Carl A. Gortz, Adolph Dressier, Hans H. Erichsen, Ah Sam, Alfred Sweetman, Henry D. Warren, Peter E. Johnson, Ed- ward Star, and Albert G. Kuehne, seamen; Nelse Iverson, George W. Boyd, and Walter Sharvill, coal-heavers ; and seaman Alexy. SEC. 3. * * * Provided further, That in any case where here- tofore a pension has been granted, or may hereafter in fact be granted, to any such widow, child, or dependent parent, by reason of the death of any of the persons named in the second section of this act, in the payment of such pension account shall be taken of any sum paid under this act, and to the extent of its amount said sum shall be in lieu and stead of such pension, and no further. i See sec. 1, act June 27, 1890, following. Claims filed after June 27, 1890, are adjudi- cated under sec. 4707, R. S., as amended by sec. 1, act June 27, 1890 th attorney fee being limited to $10. (19 P. D., 154.) LAWS GOVERNING ARMY AND NAVY PENSIONS. 51 STEAMER ASHTJELOT. ACT JANUARY 29, 1887 (24 STAT. L., 891). SEC. 2. That the widow, child, or children, or in case there be not such, then the surviving parent or parents of those in the service who were lost in the wreck of the United States steamer. Ashuelot, namely: William Gronan, seaman; George Valentine, captain of, the hold ; Fritz Rackenbach, quartermaster ; William Bronson, lands- man; Saint Leger Crone, quarter-gunner; Ah Kid, painter; Sun Shing, carpenter's mate; George Ashton, carpenter; Ah Yoo, lands- man; Andrew Scotland, private marine; and Benjamin H. Wohlrab, landsman, shall be entitled to and receive, put of any money in the Treasury of the United States not otherwise appropriated, as fol- lows, to wit : The relatives, in the order named, of the persons con- nected with the United States steamer Ashuelot hereinbefore referred to, a sum equal to twelve months' sea-pay of each person lost: Provided, That in any case where heretofore a pension has been granted, or may hereafter in fact be granted, to any such widow, child, or dependent parent by reason of the death of any of the persons named in this section, in the payment of such pension account shall be taken of any sum paid as above provided, and to the extent of its account said sum shall be in lieu and stead of such pension, and no further : * * * U. S. S. MAINE. ACT MARCH 30, 1898 (30 Stat. L., 346). * Provided, That nothing herein shall affect the right of any of the beneficiaries under this Act to any pension to which they may be entitled under existing law after the expiration of one year from said fifteenth day of February, eighteen hundred and ninety- eight. REMARRIAGE OF WIDOW, MOTHER, OR SISTER. SECTION 4708, REVISED STATUTES. The remarriage of any widow, dependent mother, or dependent sis- ter, entitled to pension, shall not bar her right to such pension to the date of her remarriage, whether an application therefor was filed be- fore or after such marriage; but on the remarriage of any widow, dependent mother, or dependent sister, having a pension, such pen- sion shall cease. RENEWAL OF PENSION TO CERTAIN REMARRIED WIDOWS. ACT MARCH 3, 1901, AMENDING SECTION 4708, REVISED STATUTES (31 STAT. L., 1445). SECTION 1. * * *. SEC. 4708. The remarriage of any widow, dependent mother, or de- pendent sister entitled to pension shall not bar her right to such pen- sion to the date of her remarriage, whether an application therefor was filed before or after such marriage; but on the remarriage of any widow, dependent mother, or dependent sister having a pension, sue!: pension shall cease: Provided, however, That any widow who 52 LAWS GOVERNING ARMY AND NAVY PENSIONS. was the lawful wife of any officer or enlisted man in the Army, Navy, or Marine Corps of the United States, during the period of his service in any war, and whose name was placed or shall hereafter be placed on the pension roll because of her husband's death as the result of wound or injury received or disease contracted in such military or naval service, and whose name has been or shall here- after be dropped from said pension roll by reason of her marriage to another person who has since died or shall hereafter die, or from whom she has been heretofore or shall be hereafter divorced, upon her own application and without fault on her part, and if she is without means of support other than her daily labor as defined by the Acts of June twenty-seventh, eighteen hundred and ninety, and May ninth, nineteen hundred, shall be entitled to have her name again placed on the pension roll at the rate now provided for widows by the Acts of July fourteenth, eighteen hundred and sixty-two, March third, eighteen hundred and seventy-three, and March nine- teenth, eighteen hundred and eighty-six, such pension to commence from the date of the filing of her application in the Pension Bureau after the approval of this Act: And provided further. That where such widow is already in receipt of a pension from the United States she shall not be entitled to restoration under this Act: 1 And provided further, That where the pension of said widow on her second or subsequent marriage has accrued to a helpless or idiotic child, or a child or children under the age of sixteen years, she shall not be entitled to restoration under this Act unless said helpless or idiotic child, or child or children under sixteen years of age, be then a member or members of her family and cared for by her, and upon the restoration of said widow the payment of pension to said child or children shall cease. 2 SEC. 2. No claim agent or other person shall be entitled to receive any compensation for services in making application for pension under this Act. REMARRIED WIDOWS; RENEWAL; RIGHTS EXTENDED. ACT FEBRUARY 28, 1903, AMENDING SECTION 4708, REVISED STATUTES (32 STAT. L., 920). SECTION 1. * * * " SEC. 4708. The remarriage of any widow, dependent mother, or dependent sister entitled to pension shall not bar her right to such pension to the date of her remarriage, whether an application there- for was filed before or after such marriage; but on the remarriage of any widow, dependent mother, or dependent sister having a pen- sion such pension shall cease: Provided, however, That any widow who was the lawful wife of any officer or enlisted man or other person in the Army, Navy, or Marine Corps of the United States, as de- scribed in paragraphs one, two, and three of section forty-six hun- dred and ninety-three of the Revised Statutes of the United States, during the period of his service in any war, and whose name was placed or shall hereafter be placed on the pension roll because of her husband's death as the result of wound or injury received or dis- 1 Rirrht of election under sec. 4715, however, exists. (13 P. D., 378.) * See act Feb. 28, 1903, following. LAWS GOVERNING ARMY AND NAVY PENSIONS. 53 ease contracted in such military or naval service, and whose name has been or shall hereafter be dropped from said pension roll by reason of her marriage to another person who has since died or shall hereafter die, or from whom she has been heretofore or shall be hereafter divorced, upon her own application and without fault on her part, and if she is without means of support other than her daily labor, as defined by the Acts of June twenty-seventh, eighteen hun- dred and ninety, and May ninth, nineteen hundred, shall be entitled to have her name again placed on the pension roll at the rate now provided for widows by the Acts of July fourteenth, eighteen hun- dred and sixty-two, March third, eighteen hundred and seventy- three, and March nineteenth, eighteen hundred and eighty-six, such pension to commence from the date of the filing of her application in the Pension Bureau after the approval of this Act: And provided further, That where such widow is already in receipt of a pension from the United States she shall not be entitled to restoration under this Act: 1 And provided further, That where the pension of said widow on her second or subsequent marriage has accrued to a helpless or idiotic child, or a child or children under the age of sixteen years, she shall not be entitled to restoration under this Act unless said helpless or idiotic child, or child or children under sixteen years of age, be then a member or members of her family and cared for by her, and upon the restoration of said widow the payment of pension to said child or children shall cease." SEC. 2. That the provisions of this act shall be extended to those widows otherwise entitled whose husbands died of wounds, injuries, or disease contracted during the period of their military or naval service, but who were deprived of pension under the Act of March third, eighteen hundred and sixty-five, because of their failure to draw any pension by reason of their remarriage. SEC. 3. That no claim agent or other person shall be entitled to re- ceive any compensation for services in making application for pension under this Act. PRESUMPTION OF DEATH. ACT MARCH 13, 1896 (29 STAT. L., 57). That in considering claims filed under the pension laws, the death of an enlisted man or officer shall be considered as sufficiently proved if satisfactory evidence is produced establishing the fact of the continued and unexplained absence of such enlisted man or officer from his home and family for a period of seven years, during which period no intelligence of his existence shall have been received.* And any pension granted under this Act shall cease upon proof that such officer or enlisted man is still living. SECTION 4735, REVISED STATUTES. No pension shall be granted to a widow for the same time that her husband received one. 1 Right of election under sec. 4715, however, exists. (13 P. D., 378.) 1 Accrued pension; invalid claims. (12 P. D., 208.) CHAPTER V. NAVY AND PRIVATEER PENSION FTTND. Section 4750, Revised Statutes, designates the Secretary of the Navy as the trustee of the Navy pension fund. Section 4758, Revised Statutes, designates the Secretary of the Navy as the trustee of the privateer pension fund. Section 4751, Revised Statutes, repealed in part by sec. 5, act June 3, 1878 (20 Stat. L., 90), and sec. 4752, R. S., relate to creation of Navy pension fund. Section 4753, Revised Statutes, relates to investment of, and sec- tion 4754, Revised Statutes, to rate of interest on, Navy pension fund. Section 4755, Revised Statutes, prescribes that Navy pensions shall be paid from the Navy pension fund upon appropriations author- ized by Congress. Section 475&, Revised Statutes, relates to source of privateer pen- sion fund, and section 4760, Revised Statutes, provides that such fund shall be paid into the Treasury. Section 4762, Revised Statutes, requires commander of every ves- sel having a commission, or letters of marque and reprisal, to enter in his journal the name and rank of any officer and the 'name of any seaman who, during his cruise, is wounded or disabled, describing the manner and extent, as far as practicable, of such wound or disability. Section 4763, Revised Statutes, requires every collector to transmit quarterly to the Secretary of the Navy a transcript of such journals as may have been reported to him, so far as it gives a list of the offi- cers and crew, and the description of wounds and disabilities. TWENTY YEARS' SERVICE IN NAVY OR MARINE CORPS. SECTION 4756, REVISED STATUTES. There shall be paid out of the naval pension fund to every person who, from age or infirmity, is disabled from sea service, but who has served as an enlisted person, or as an appointed petty officer, or both, in the Navy or Marine Corps for the period of twenty years, and not been discharged for misconduct, in lieu of being provided with a home in the Naval Asylum, Philadelphia, if he so elects, a sum equal to one-half the pay of his rating at the time he was discharged, to be paid to him quarterly, under the direction of the Commissioner of Pensions ; and applications for such pension shall be made to the Sec- retary of the Navy, who, upon being satisfied that the applicant comes within the provisions of this section, shall certify the same to the Commissioner of Pensions, and such certificate shall be his warrant for making payment as herein authorized. 1 1 See footnote following page. LAWS GOVERNING ARMY AND NAVY PENSIONS. 55 TEN YEARS' SERVICE IN NAVY OR MARINE CORPS. SECTION 4757, REVISED STATUTES. Every disabled person who has served in the Navy or Marine Corps us an enlisted man, or as an appointed petty officer, or both, for a period not less than ten years, and not been discharged for miscon- duct, may apply to the Secretary of the Navy for aid from the sur- plus income of the naval pension-fund; and the Secretary of the Navy is authorized to convene a board of not less than three naval officers, one of whom shall be a surgeon, to examine into the condi- tion of the applicant, and to recommend a suitable amount for his relief, and for a specified time, and upon the approval of such recom- mendation by the Secretary of the Navy, and a certificate thereof to the Commissioner of Pensions, the amount shall be paid in the same manner as is provided in the preceding section for the payment to persons disabled by long service in the Navy; but no allowance so made shall exceed the rate of a pension for full disability correspond- ing to the grade of the applicant, nor, if in addition to a pension, exceed one- fourth the rate of such pension. 1 WOUNDED OR DISABLED PRIVATEERSMEN. SECTION 4761, REVISED STATUTES. The Secretary of the Interior is required to place on the pension- list, under the like regulations and restrictions as are used in rela- tion to the Navy of the United States, any officer, seaman, or marine, who, on board of any private armed vessel bearing a commission of letter of marque, shall have been wounded or otherwise disabled in any engagement with the enemy, or in the line of their duty as officers, seamen, or marines of such private armed vessel; allowing to the captain a sum not exceeding twenty dollars per month; to lieutenants and sailing-master a sum not exceeding twelve dollars each per month ; to marine officer, boatswain, gunner, carpenter, mas- ter's mate, and prize masters a sum not exceeding ten dollars each per month ; to all other officers a sum not exceeding eight dollars each per month, for the highest rate of disability, and so in proportion; and to a seaman, or acting as a marine, the sum of six dollars per month, for the highest rate of disability, and so in proportion ; which several pensions shall be paid from moneys appropriated for the pay- ment of pensions. NOTES. The pension laws relating to service subsequent to March 4, 1861, apply equally to service in the Army, Navy, or Marine Corps. The law provides that Navy pensions shall be paid from the in- come of the Navy pension fund so far as the same shall be sufficient for that purpose (38 Stat. L., 387). For the fiscal year ended June 30, 1915, $5,810,475.39, was dis- bursed for Navy pensions, of which $353,848.66 was paid from the Navy pension fund. 1 Sees. 4756 and 4757, R. S., as amended by act Dec. 23, 1886 (24 Stat. L., 353, as construed by Secretary of the Interior, 12 P. D., 166), grant money benefits over the allowance of which the Commissioner of Pensions has no jurisdiction, and are intended to be a further provision for the support of the beneficiaries thereunder in addition to the pension granted by the pension laws. Sec. 4715, R. S., and proviso of second section of act June 27, 1890, have no application to this class of cases. 70942 17 5 CHAPTER VI. APPLICATIONS AND ATTORNEYS. COMMISSIONER TO FURNISH PRINTED INSTRUCTIONS. SECTION 4748, REVISED STATUTES. That the Commissioner of Pensions, on application being made to him in person, or by letter, by any claimant or applicant for pension, bounty-land, or other allowance required by law to be adjusted or paid by the Pension-Office, shall furnish such person, free of all ex- pense, all such printed instructions and forms as may be necessary in establishing and obtaining said claim; and on the issuing of a certificate of pension or of a bounty-land warrant he shall forthwith notify the claimant or applicant, and also the agent or attorney in the case, if there be one, that such certificate has been issued, or allow- ance made, and the date and amount thereof. EXECUTION OF PAPERS IN PENSION CLAIMS. ACT JULY 26, 1892 (27 STAT. L., 272). SECTION 1. That declarations of pension claimants shall be made before a court of record, or before some officer thereof having custody of its seal, or before some officer who, under the laws of his State, city or county, has authority to administer oaths for general purposes; and said officers are hereby fully authorized and em- powered to administer and certify any oath or affirmation relating to any pension or application therefor: Provided, That where such declaration or other papers are executed before an officer authorized as above, but not required by the laws of his State to have and use a seal to authenticate his official acts, he shall file in the Pension Bureau 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. SEC. 2. That the Commissioner of Pensions may accept declara- tions and other papers of claimants residing in foreign countries made before a United States minister or consul or other consular officer, or before some officer of the country duly authorized to ad- minister oaths for general purposes, and whose official character and signature shall be duly authenticated by the certificate of a United States minister or consul or other consular officer; and declarations in claims of Indians may be made before a United States Indian agent, 5 LAWS GOVERNING ARMY AND NAVY PENSIONS. 57 SEC. 3. That any and all declarations or affidavits now on file in the Pension Bureau which are considered informal by reason of not having been executed in conformity to the laws heretofore in force covering such, and in which it is shown or may be hereafter shown by proper evidence that the same were executed by and before an officer who was duly authorized to administer oaths for general pur- poses at said date of execution, shall be accepted as formal as from date of filing such declarations or affidavits. SEC. 4. That all acts and parts of acts inconsistent with the pro- visions of this act are hereby repealed. OATHS BEFORE UNITED STATES COMMISSIONERS. SECTION 1778, REVISED STATUTES. In all cases in which, under the laws of the United States, oaths or acknowledgments may now be taken or made before any justice of the peace of any State or Territory, or in the District of Columbia, they may hereafter be also taken or made by or before any notary public duly appointed in any State, district, or Territory, or any of the commissioners of the circuit courts, 1 and, when certified under the hand and official seal of such notary or commissioner, shall have the same force and effect as if taken or made by or before such justice of the peace. UNITED STATES COMMISSIONER TO AFFIX SEAL, ACT JUNE 28, 1906 (34 STAT. L., 546). That each United States commissioner shall provide himself with an official impression seal, to be prescribed by the Attorney General, which said seal shall be affixed to each jurat or certificate of the official acts of said commissioner, but no increase of fees shall be allowed by reason thereof. INDIAN AGENTS TO ADMINISTER OATHS. SECTION 2064, REVISED STATUTES. Indian agents are authorized to take acknowledgments of deeds, and other instruments of writing, and to administer oaths in investi- gations committed to them in Indian country, pursuant to such rules and regulations as may be prescribed for that purpose, by the Secre- tary of the Interior; and acknowledgments so taken shall have the same effect as if taken before a justice of the peace. RESTRICTION AS TO FORMER EMPLOYES. SECTION 190, REVISED STATUTES. 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 employe in any of the Departments, to act as counsel, attor- ney, or agent for prosecuting any claim against the United States 1 Office of commissioners of circuit courts abolished, and United States commissioners created by sec. 19, act approved May 28, 1896 (29 Stat. L M 184). 58 LAWS GOVERNING ARMY AND NAVY PENSIONS. which was pending in either of said Departments while he was such officer, clerk, or employe; 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 employe. 1 NOTARIES PUBLIC, DISTRICT OF COLUMBIA, NOT PROHIBITED. ACT JUNE 29, 1906 (34 STAT. L., 622). That section five hundred and fifty-eight 2 of the Code of Law for the District of Columbia, relating to notaries public, be amended by adding at the end of said section the following: "Pro vided. That the appointment of any person as such notary public, or the acceptance of his commission as such, or the performance of the duties there- under, shall not disqualify or prevent such person from representing clients before any of the departments of the United States Govern- ment in the District of Columbia or elsewhere, provided such person so appointed as a notary public who appears to practice or represent clients before any such Department is not otherwise engaged in Government employ, and shall be admitted by the heads of such Departments to practice therein in accordance with the rules and regulations prescribed for other persons or attorneys who are ad- mitted to practice therein: And provided further. That no notary public shall be authorized to take acknowledgments, administer oaths, certify papers, or perform any official acts in connection with matters in which he is employed as counsel, attorney, or agent or in which he may be in any way interested before any of the Depart- ments aforesaid." OATH OF ALLEGIANCE IN CERTAIN CASES. SECTION 3478, REVISED STATUTES. Any person prosecuting claims, either as attorney or on his own account, before any of the Departments or Bureaus of the United States, shall be required to take the oath of allegiance, and to sup- port the Constitution of the United States, as required of persons in the civil service. 3 WHO MAY ADMINISTER OATH OF ALLEGIANCE. SECTION 3479, REVISED STATUTES. The oath provided for in the preceding section may be taken before any justice of the peace, notary public, or other person who is legally authorized to administer an oath in the State or district where the same may be administered. 1 Claims for increase of pension are not considered or held as claims pending. (Secre- tary's decision, Oct. 6, 1885, case of Luther Harrison.) 2 SEC. 558. Notaries. The President shall also have power to appoint such number of notaries public, residents of said District, as, in his discretion, the business of the District may require. (Code of Law, D. C.) 3 Form of oath required (sec. 1757, R. S.) : I, , do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic ; that I will bear true faith and allegiance to the same ; that I take this obligation freely, without any mental reservation or purpose of evasion ; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God. LAWS GOVERNING ARMY AND NAVY PENSIONS. 59 COMMISSIONER TO APPROVE AMOUNT OF FEE. SECTION 4768, REVISED STATUTES. The Commissioner of Pensions shall forward the certificate of pension, granted in any case, to the agent for paying pensions where such certificate is made payable, and at the same time forward there- with one of the articles of agreement filed in the case and approved by the Commissioner, setting forth the fee agreed upon between the claimant and the attorney or agent, and \vhere no agreement is on file, as hereinbefore provided, he shall direct that a fee of ten dollars only be paid the agent or attorney. FEE TO BE DEDUCTED FROM PENSION. SECTION 4769, REVISED STATUTES. It shall be the duty of the agent paying such pension to deduct from the amount due the pensioner the amount of fee so agreed upon or directed by the Commissioner to be paid where no agreement is filed and approved, and to forward or cause to be forwarded to the agent or attorney of record named in such agreement, or, in case there is no agreement, to the agent prosecuting the case, the amount of the proper fee, deducting therefrom the sum of thirty cents in payment of his services in forwarding the same. 1 . ATTORNEYS' FEES AND FEE AGREEMENTS. ACT JULY 4, 1884 (23 STAT. L., 99). SECTION 1. * That the act entitled "An act relating to claim agents and attorneys in pension cases," approved June twen- tieth, eighteen hundred and seventy-eight, is hereby repealed: Pro- vided, however, That the rights of the parties shall not be abridged or affected as to contracts in pending cases, as provided for in said act; but such contracts shall be deemed to be and remain in full force and virtue, and shall be recognized as contemplated by said act. SEC. 2. That sections forty-seven hundred and sixty-eight, forty- seven hundred and sixty-nine, and forty-seven hundred and eighty- six of the Revised Statutes are hereby made applicable also to all cases hereafter filed with the Commissioner of Pensions, and to all cases so filed since June twentieth, eighteen hundred and seventy-eight, and which have not been heretofore allowed, except as hereinafter provided. SEC. 3. That section forty-seven hundred and eighty-five of the Revised Statutes is hereby reenacted and amended so as to read as follows : " SEC. 4785. No agent or attorney or other person shall demand or receive any other compensation for his services in prosecuting a claim for pension or bounty land than such as the Commissioner of Pensions shall direct to be paid to him, not exceeding twenty-five dollars; nor shall such agent, attorney or other person demand or *By act Mar. 3, 1885 (23 Stat. L., 362), a pension agent's salary was limited to $4,000 per annum, repealing by implication the allowance of 30 cents from an attorney fee. By act Aug. 17, 1912 (37 Stat. L., 311), pension agencies and pension agents were abolished and the office of disbursing clerk in the Bureau of Pensions, for the payment of pensions, was created. 60 LAWS GOVERNING ARMY AND NAVY PENSIONS. receive such compensation, in whole or in part, until such pension or bounty-land claim shall be allowed: Provided, That in all claims allowed since June twentieth, eighteen hundred and seventy-eight where it shall appear to the satisfaction of the Commissioner of Pensions that the fee of ten dollars, or any part thereof, has not been paid, he shall cause the same to be deducted from the pension, and the pension agent to pay the same to the recognized attorney." SEC. 4. That section forty-seven hundred and eighty-six of the Revised Statutes is hereby amended so as to read as follows : SEC. 4786. The agent or attorney of record in the prosecution of the case may cause to be filed with the Commissioner of Pensions, duplicate articles of agreement, without additional cost to the claim- ant, setting forth the fee agreed upon by the parties, which agree- ment shall be executed in the presence of and certified by some officer competent to administer oaths. In all cases where application is made for pension or bounty land, and no agreement is filed with the commissioner as herein provided, the fee shall be ten dollars and no more. And such articles of agreement as may hereafter be filed with the Commissioner of Pensions are not authorized, nor will they be recognized, except in claims for original pensions, claims for in- crease of pension on account of a new disability, 1 in claims for restoration where a pensioner's name has been or may hereafter be dropped from the pension rolls on testimony taken by a special examiner, showing that the disability or cause of death on account of which the pension was allowed did not originate in the line of duty, and in cases of dependent relatives whose names have been or may hereafter be dropped from the rolls on like testimony, upon the ground of nondependence, and in such other cases of difficulty and trouble as the Commissioner of Pensions may see fit to recognize them: Provided, That no greater fee than ten dollars shall be de- manded, received, or allowed in any claim for pension or bounty land granted by special act of Congress, nor in any claim for in- crease of pension on account of the disability for which the pension had been allowed : 2 And provided further, That no fee shall be de- manded, received, or allowed in any claim for arrears of pension or arrears of increase of pension allowed by any act of Congress passed subsequent to the date of the allowance of the original claims in which such arrears of pension or of increase of pension, may be allowed. The articles of agreement herein provided for shall be in substance as follows, to wit : ARTICLES OF AGREEMENT. Whereas I, - , late a - - in Company - - of the - regiment of volunteers, war of eighteen hundred and sixty-one (or, If the service be different, here state the same), having made application for pension under the laws of the United States : 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 (or attorneys), in whole or in part, except in case of the granting of my pension by the Com- i Phrase "new disability," construed. (2 P. D., 236; 3 P. D., 302.) See acts Mar. 3, 1891, p. 316. and May 28, 1908, p. 117. LAWS GOVERNING ARMY AND NAVY PENSIONS. 61 missioner of Pensions; and then the same shall be paid to him (or them) in accordance with the provisions of sections forty-seven hundred and sixty-eight and forty-seven hundred and sixty-nine of the Revised Statutes. (Claimant's signature.) (Two witnesses' signatures.) STATE OF , County of , ss : Be It known that on this, the day of - , anno Domini eighteen hundred and eighty , 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 articles of agreement, voluntarily signed and acknowledged the same to be free act and deed. (Official signature.) . And now, to wit, this day of , anno Domini eighteen hundred and eighty , I (or we) accept the provisions contained in the foregoing articles of agreement, and will, to the best of my (or our) ability, endeavor faithfully to represent the interest of the claimant in the premises. Witness my (or our) hand, the day and year first above written. (Signature of attorney.) . STATE OF , County of , ss: Personally came , whom I know to be the person he represents himself to be, and who, having signed above acceptance of agreement, acknowl- edged the same to be free act and deed. (Official signature.) . And if in the adjudication of any claim for pension in which such articles of agreement have been, or may hereafter be, filed, it shall appear that the claimant had, prior to the execution thereof, paid to the attorney any sum for his services in such claim, and the amount so paid is not stipulated therein, then every such claim shall be adjudicated in the same manner as though no articles of agree- ment had been filed, deducting from the fee of ten dollars allowed by law such sum as claimant shall show that he has paid to his said attorney. 1 SEC. 5. That the Secretary of the Interior may prescribe rules and regulations governing the recognition of agents, attorneys, or other persons representing claimants before his department, and may re- quire of such persons, agents, and attorneys, before being recognized as representatives of claimants, that they shall show that they are of good moral character and in good repute, possessed of the necessary qualifications to enable them to render such claimants valuable serv- ice, and otherwise competent to advise and assist such claimants in the presentation of their claims and such Secretary may, after notice and opportunity for a hearing, suspend or exclude "f rom further practice before his department any such person, agent, or attorney shown to be incompetent, disreputable, or who refuses to comply with the said rules and regulations, or who shall with intent to defraud in any manner deceive, mislead, or threaten any claimant, or prospective claimant, by word, circular, letter, or by advertisement. 1 A penalty is prescribed for any person instrumental in prosecuting any claim for pension or bounty land under this act who shall, directly or indirectly, contract for, demand, receive, or retain any greater compensation for his services or instrumentality in prosecuting a claim for pension or bounty land than is therein provided, or for the payment thereof at any other time or in any other manner than therein provided : or who shall wrongfully withhold from a pensioner, or a claimant, the whole or any part of the pension or claim allowed and due such pensioner, or claimant, or the land warrant Issued to any such claimant. (See p. 115.) 62 LAWS GOVERNING ARMY AND NAVY PENSIONS. SEC. 6. The Commissioner shall have power, subject to review by the Secretary, to reject or refuse to recognize any contract for fees, herein provided for, whenever it shall be made to appear that any undue advantage has been taken of the claimant in respect to such contract. NOTES. Act March 3, 1891 (26 Stat. L., 1082), provides that no agent or attorney shall demand, receive or be allowed any compensation ex- ceeding $2 in any claim for increase of pension on account of the increase of the disability for which pension has been allowed, and provides penalty for violation. (See p. 116.) Act May 28, 1908 (35 Stat. L., 419), prescribes penalty for any person who receives any compensation for services rendered in secur- ing the introduction of a bill or the passage thereof through Con- gress granting pension or increase of pension. (See p. 117.) Act June 27, 1890 (26 Stat. L., 183), prescribes penalty for any person engaged in preparing, presenting or prosecuting any claim thereunder, who directly or indirectly contracts for, demands, re- ceives or retains for such services in preparing, presenting or prose- cuting such claim, a sum greater than $10, which sum shall be pay- able only upon the order of the Commissioner of Pensions by the Disbursing Clerk making pa} 7 ment of the pension allowed. (See p. 115.) Act April 19, 1908 (35 Stat. L., 64), provides that no claim agent or attorney shall be recognized in the adjudication of claims under its first section, and prescribes a penalty for any person engaged in preparing, presenting or prosecuting any claim under its second sec- tion, who shall directly or indirectly contract for, demand, receive or retain for such services in preparing, presenting or prosecuting such claim, a sum greater than $10, which sum shall be payable only upon the order of the Commissioner of Pensions by the Disbursing Clerk making paj^ment of the pension allowed. (See p. 117.) Act August 5, 1892 (27 Stat. L., 349), provides that no fee, com- pensation or allowance shall be paid to, received or accepted by any person instrumental in the prosecution of a claim thereunder, and prescribes a penalty for any person who may make claim upon any applicant for any fee, compensation or allowance for services in connection with the prosecution of such a claim. (See p. 116.) Act March 19, 1886 (24 Stat. L., 5), provides that no claim agent, or attorney shall be recognized in the adjudication of claims there- under, nor shall any such person be entitled to receive any compen- sation whatever for services or pretended services in making such applications. (See p. 45.) Act March 3, 1901 (31 Stat. L., 1446), and Act February 28, 1903 (32 Stat. L., 921), provide that no claim agent or other person shall be entitled to any compensation for services rendered in making application for pension under said acts. (See pp. 52, 53.) Act February 6, 1907 (34 Stat. L., 879), provides that no pension attorney, claim agent or other person shall be entitled to receive any compensation for services rendered in presenting any claim to the Bureau of Pensions, or* securing any pension thereunder. (See p. 32.) Act June 27, 1902 (32 Stat. L., 400), and Act May 30, 1908 (35 Stat. L., 553), provide that all contracts theretofore made between LAWS GOVERNING ARMY AND NAVY PENSIONS. 68 the beneficiaries under said acts and pension attorneys and claim agent are null and void. (See pp. 14, 15.) Act May 11, 1912 (37 Stat. L., 113), provides that no person shall be entitled to receive any compensation for services rendered in pre- senting any claim to the Bureau of Pensions, or securing any pension thereunder, except in applications for original pension by persons who had not theretofore received a pension. (See p. 34.) REGULATIONS GOVERNING ATTORNEYS. The following sections in this chapter consist of excerpts from an office publication not available for general distribution, and the num- bers of sections correspond with the numbers of sections in that pub- lication: 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 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 acknowledgment by the transferor of the transfer. 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. 64 LAWS GOVERNING ARMY AND NAVY PENSIONS. 353. A transfer made by the legal representative of 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. 354. The written consent of the claimant is necessary to entitle a transferee to recognition in an incomplete claim, the transfer of attorney ship 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 as- signment 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 informa- tion 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. 358. No power of attorney purporting to be executed by a claimant shall be recognized as good and valid unless the same be signed bj 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 offi- cial 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- 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, Grim. Code, 35 Stat. L., p. HOT.) 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 of 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. LAWS GOVERNING AEMY AND NAVY PENSIONS. 65 361. 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 attor- ney 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 res- toration 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. 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 66 LAWS GOVERNING ARMY AND NAVY PENSIONS. in the prosecution of claims for pensions 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. 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 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. 37T. 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 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. 379. When an agent or attorney is called upon by the Commis- sioner of Pensions to furnish evidence in any claim he shall be al- lowed 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. LAWS GOVERNING ARMY AND NAVY PENSIONS. 67 380. 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 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 witnesses anc} acknowledged before some officer authorized to ad- minister 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- 68 LAWS GOVERNING ARMY AND NAVY PENSIONS. 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. 389. Articles of agreement, to be recognized as valid by the Com- missioner of Pensions, must be in duplicate and in the form pre- scribed 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. 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.) ABTICLES OF AGREEMENT. Whereas I, , late a in company of the Regiment of Volunteers, war of , having made application for pension under the laws of the United States : 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 hot 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 1769 of the Revised Statutes United States. (Signature of claimant.) (Post-office address.) (Signatures of two witnesses.) STATE OF , County of , ss: Be it known that on this, the day of , A. D. 1 , personally ap- peared , the above named, who, after having had read over to , in the hearing and presence of the two attesting witnesses, the con- tents of the foregoing articles of agreement, voluntarily signed and acknowl- edged the same to be free act and deed. [L. s.] (Official signature.) And now, to wit, this day of A. D., 1 , accept the pro- visions 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 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. (Signature of attorney.) STATE OF , County of , ss: Personally came , whom I know to be the person repre- sents to be, and who having signed above acceptance of agreement, acknowledged the same to be free act and deed. [L. s.] (Official signature.) Approved for dollars, and payable to , of , the recognized attorney. , Commissioner of Pensions. LAWS GOVERNING ARMY AND NAVY PENSIONS. 69 391. Where only one copy of articles of agreement is filed, attor- neys 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 ap- pears 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 Commissioner of Pensions and the agent or attorney so notified within 10 days from the date of filing the same shall be held, prim a facie, approved. 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- 70 LAWS GOVERNING ARMY AND NAVY PENSIONS. 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. 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 $25. 00 Without articles of agreement 10. 00 Act June 27, 1890 (sec. 4 of said act) 10. 00 Act Apr. 19, 1908 (sec. 2 of said act) 10. 00 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 ha or his permanently helpless and dependent child, if any, unless such wife and children shall also be inmates of the same institution or of some home provided for the wives and children of soldiers and sailors: Provided further, That if any such pensioner is or shall become an inmate of a National Soldiers' Home one-half of the pension drawn in his behalf or to which he may become entitled during his residence therein shall be paid by the treasurer of that institution to such pensioner's wife, she being in necessitous circum- stances and a woman of good moral character, or, if there be no wife, to the legal guardian of the minor child or children, or the perma- nently dependent and helpless child or children of such pensioner, on the order of the Commissioner of Pensions : * In all cases the questions of desertion, entrance into a home, necessitous circumstances, and of good moral character shall be ascertained and determined by the Commissioner of Pensions under such rules and regulations as he shall prescribe, and the treasurers or governors of the several soldiers' and sailors' homes shall be ad- vised of such action from time to time. 1 Abolished by act Aug. 17, 1932 (37 Stat. L., 312). (See p. 83.) 70942 17- 7 88 LAWS GOVERNING ARMY AND NAVY PENSIONS. NO FOREIGN PENSION PAID ON POWER OF ATTORNEY. ACT MARCH 14, 1898 (30 STAT. L., 276). * * * Provided further, That hereafter no pensions shall be paid upon power of attorney from pensioners residing in foreign countries. PROVISION AGAINST PAYMENT TO CERTAIN NONRESIDENTS REPEALED. ACT MARCH 2, 1895 (28 STAT. L., 703). * * * And provided further, That so much of the fourth pro- viso of an Act entitled "An Act making appropriations for the pay- ment of invalid and other pensions of the United States for the fiscal year ending June thirtieth, eighteen hundred and ninetj^-four, and for other purposes," approved March first, eighteen hundred and ninety-three, which reads as follows: "That from and after July first, eighteen hundred and ninety-three, no pension shall be paid to a nonresident who is not a citizen of the United States, except for actual disabilities incurred in the service," be and the same is hereby repealed. PENSIONERS IN SOLDIERS' HOME, WASHINGTON, D. C. ACT MARCH 3, 1883 (22 STAT. L., 564). SEC. 4. That any inmate of the Home * who is receiving a pension from the Government, and who has a child, wife, or parent living, shall be entitled, by filing with the pension agent from whom he receives his money a written direction to that effect, to have his pen- sion, or any part of it, paid to such child, wife, or parent. The pen- sions of all who now are or shall hereafter become inmates of the Home, except such as shall be assigned as aforesaid, shall be paid to the treasurer of the Home. The money thus derived shall not become a part of the funds of the Home, but shall be held by the treasurer in trust for the pensioner to whom it would otherwise have been paid, and such part of it as shall not sooner have been paid to him shall be paid to him on his discharge from the institution. The board of com- missioners may from time to time pay over to any inmate such part of his pension-money as they think best for his interest and consis- tent with the discipline and good order of the Home, but such pen- sioner shall not be entitled to demand or have the same so long as he remains an inmate of the Home. In case of the death of any pen- sioner, any pension money due him and remaining in the hands of the treasurer shall be paid to his legal heirs, if demand is made within three years; otherwise the same shall escheat to the Home. 1 The Soldiers' Home at Washington, D. C., was established by the act of March 3, 1851. Under sec. 4821, R. S., the following persons are entitled to admission: First, every soldier of the United States who served or may serve honestly and faithfully 20 years in the same. Second, every soldier and every discharged soldier, whether Regular or Voluiiteer, who has suffered or may suffer by reason of disease or wounds incurred in the service and in the line of his duty, rendering him incapable of further military service, if such disability was not occasioned by his own misconduct. Third, the invalid and dis- abled soldiers, whether Regular or Volunteer, of the War of 1812 and of all subsequent wars. Applications for admission may be obtained from the Board of Managers of the Soldiers' Home, Washington, D. C. LAWS GOVERNING ARMY AND NAVY PENSIONS. 89 PENSIONERS IN NAVAL HOME AT PHILADELPHIA OR A NAVAL HOSPITAL. ACT MAY 4, 1898 (30 STAT. L., 377). And whenever any officer, seaman, or marine entitled to a pension is admitted to the Naval Home at Philadelphia 1 or to a naval hos- pital, his pension, while he remains there, shall be deducted from his accounts and paid to the Secretar}' of the Navy for the benefit of the fund from which such home or hospital, respectively, is maintained ; and section forty-eight hundred and thirteen of the Revised Statutes of the United States is hereby amended accordingly. PENSIONS OF INMATES OF NATIONAL SOLDIERS' HOME. ACT FEBRUARY 26, 1881 (21 STAT. L., 350 ). 2 SEC. 2. All pensions payable or to be paid under this act, to pen- sioners who are inmates of the National Home for Disabled Vol- unteer Soldiers 3 shall be paid to the treasurer or treasurers of said home, upon security given to the satisfaction of the managers to be disbursed for the benefit of the pensioners without deduction for fines or penalties under regulations to be established by the managers of the home, said payment to be made by the pension agent upon a certificate of the proper officer of the home that the pensioner is an inmate thereof and is still living. Any balance of the pension which may remain at the date of the pensioner's discharge shall be paid over to him, and in case of his death at the home the same shall be paid to the widow, or children or in default of either to his legal rep- resentatives. PENSIONS PAYABLE TO TREASURER OF NATIONAL HOME FOR DISABLED VOLUN- TEER SOLDIERS. ACT AUGUST 7, 1882 (22 STAT. L., 322). 2 That all pensions and arrears of pensions payable or to be paid to pensioners who are or may become inmates of the National Home for Disabled Volunteer Soldiers shall be paid to the treasurers of said home, to be applied by such treasurers as provided by law, under the rules and regulations of said home. Said payments shall be made by the pension agent upon a certificate of the proper officer of the home that the pensioner is an inmate thereof on the day to which said pension is drawn. The treasurers of said home, respectively, shall give security, to the satisfaction of the managers of said home, for the payment and application by them of all arrears of pension }nd pension-moneys they may receive under the aforesaid provision. 1 The Naval Home at Philadelphia, Pa., was instituted under the provisions of sec. 4810, R. S., and qualifications for admission thereto may be obtained from the Secretary of the Navy, Washington, 1). C. 2 For amendment, see page 154. 3 Admission to the National Home for Disabled Volunteer Soldiers is governed by the provisions of sec. 4832 and amendatory acts (act May 16, 1900 ; act Jan. 28, 1901 ; act May 27, 1908 ; act Mar. 4, 1909) and is limited to all honorably discharged soldiers and sailors who served in the Regular or Volunteer forces of the United States in any war, the provisional army authorized by the act of Mar. 2, 1899, in any of the campaigns against hostile Indians or who have served in the Philippines, in China, or in Alaska who are disabled by disease, wounds, or otherwise and who have no adequate means of support, are not otherwise provided for by law, and by reason of such disability are in- capable of earning a living. Applications for admission may be obtained from the Board of Managers, National Home for Disabled Volunteer Soldiers, Commerce Building, Kansas. City, Mo., or from the governor of the nearest branch home. 90 LAWS GOVERNING ARMY AND NAVY PENSIONS. And section two of the act entitled " An act making appropriations for the payment of invalid and other pensions of the United States for the fiscal year ending June thirtieth, eighteen hundred and eighty- two, and for deficiencies, and for other purposes," approved February twenty-sixth, eighteen hundred and eighty-one, is hereby revived and continued in force. NO PAYMENT TO TREASURERS OF STATE HOMES. ACT MAY 28, 1908 (35 STAT. L., 419). That from and after the passage of this Act all pensioners who may be inmates of any soldiers' and sailors' home, or other institution maintained by any State for the benefit of dependent or other dis- abled volunteer soldiers, shall have their respective pensions paid to them directly instead of to the treasurer or other officer of the home or institution at which they may be respectively located. PENSION OF INMATES OF GOVERNMENT HOSPITAL FOR THE INSANE. ACT FEBRUARY 20, 1905 (33 STAT. L., 731). That the proviso in the Act approved August seventh, eighteen hundred and eighty-two, appearing on page three hundred and thirty of the Twenty-second Statutes at Large, and relating to pen- sions of inmates of the Government Hospital for the Insane, is hereby stricken out and the following inserted : " Provided, That in addition to the persons now entitled to admis- sion to said hospital, any inmate of the National Home for Disabled Volunteer Soldiers who is now or may hereafter become insane shall, upon an order of the president of the Board of Managers of the said National Home, be admitted to said hospital and treated therein. During the time that any pensioner shall be an inmate of the Gov- ernment Hospital for the Insane all money due or becoming due upon his or her pension shall be paid by the pension agent to the superin- tendent of the hospital, upon a certificate by such superintendent that the pensioner is an inmate of the hospital and is living, and such pension money shall be by said superintendent disbursed and used, under regulations to be 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, and to pay his or her board and maintenance in the hospital; the remainder of such pension money, if any, to be placed to the credit of the pensioner and to be paid to the pensioner or the guardian of the pensioner in the event of his or her discharge from the hospital ; or, in the event of the death of said pensioner while an inmate of said hospital, shall, if a female pensioner, be paid to her minor chil- dren, and, in the case of a male pensioner, be paid to his wife, if living; if no wife survives him, then to his minor children; and in case there is no wife nor minor children, then the said unexpended balance to his or her credit shall be applied to the general uses of said hospital : Provided further, That in the case of pensioners trans f erred to the hospital from the National Home for Disabled Volun- teer Soldiers, any pension money to his credit at said Home at the LAWS GOVERNING ARMY AND NAVY PENSIONS. 91 time of his said transfer shall be transferred with him to said hos- pital and placed to his credit therein, to be expended as hereinbefore provided ; and in case of his return from said hospital to the Home, any balance to his credit at said hospital shall, in like manner, be transferred to said Home, to be expended in accordance with the rules established in regard thereto. This provision shall also be ap- plicable to all unexpended pension money heretofore paid to the officers of the said hospital on account of pensioners who were but are not now inmates thereof." ACT FEBRUARY 2, 1909, AMENDING SECTION 4839, REVISED STATUTES (35 STAT. L., 592). " SEC. 4839. * * During the time that any pensioner shall be an inmate of the Government Hospital for the Insane, all money due or becoming due upon his or her pension shall be paid by the pension agent to the superintendent or disbursing agent of the hos- pital, upon a certificate by such superintendent that the pensioner is an inmate of the hospital and is living, and such pension money shall be by said superintendent or disbursing agent disbursed and used, under regulations to be prescribed by the Secretary of the Interior, for the benefit of the pensioner, and, in case of a male pen- sioner, his wife, minor children, and dependent parents, or, if a female pensioner, her minor children, if any, in the order named, and to pay his or her board and maintenance in the hospital, the icmainder of such pension money, if any, to be placed to the credit of the pensioner and to be paid to the pensioner or the guardian of the pensioner in the event of his or her discharge from the hospital ; or, in the event of the death of said pensioner while an inmate of said hospital, shall, if a female pensioner, be paid to her minor chil- dren, and, in the case of a male pensioner, be paid to his wife, if living; if no wife survives him, then to his minor children; and in case there is no wife nor minor, children, then the said unexpended balance to his or her credit shall be applied to the general uses of said hospital : Provided, That in the case of any pensioner trans- ferred to the hospital from the National Home for Disabled Volun- teer Soldiers, any pension money to his credit at said home at the time of his said transfer shall be transferred with him to said hos- pital and placed to his credit therein, to be expended as hereinbefore provided, and in case of his return from said hospital to the home any balance to his credit at said hospital shall in like manner be transferred to said home, to be expended in accordance with the rules established in regard thereto, and this provision shall also be appli- cable to all unexpended pension money heretofore paid to the officers of said hospital on account of pensioners who were but are not now inmates thereof." SEC. 2. That all provisions of law inconsistent with this act are hereby repealed. ACCRUED PENSION; TO WHOM PAID; REIMBURSEMENT. ACT MARCH 2, 1895 (28 STAT. L., 964). That from and after the twenty-eighth day of September, eighteen hundred and ninety-two, the accrued pension to the date of the 92 LAWS GOVERNING ARMY AND NAVY PENSIONS. death of any pensioner, or of any person entitled to a pension having an application therefor pending, and whether a certificate therefor shall issue prior or subsequent to the death of such person, shall, in the case of a person pensioned, or applying for pension, on account of his disabilities or service, be paid, first, to his widow; second, if there is no widow, to his child or children under the age of sixteen years at his death; third, in case of a widow, to her minor children under the age of sixteen years at her death. Such accrued pension shall not be considered a part of the assets of the estate of such de- ceased person, nor be liable for the payment of the debts of said estate in any case whatsoever, but shall inure to the sole and exclusive benefit of the widow or children. And if no widow or child survive such pensioner, and in the case of his last surviving child who was such minor at his death, and in case of a dependent mother, father, sister, or brother, no payment whatsoever of their accrued pension shall be made or allowed except so much as may be necessary to reimburse the person who bore the expense of their last sickness and burial, if they did not leave sufficient assets to meet such expense. And the mailing of a pension check, drawn by a pension agent in payment of a pension due, to the address of a pensioner, shall consti- tute payment in the event of the death of a pensioner subsequent to the execution of the voucher therefor. 1 And all prior laws relating to the payment of accrued pension are hereby repealed. COMMISSIONER OF PENSIONS TO SETTLE REIMBURSEMENT CLAIMS. ACT MARCH 4, 1909 (35 STAT. L., 1058). That hereafter the settlement of all claims for the reimbursement of expenses of the last sickness and burial of deceased pensioners shall be under the direction of the Commissioner of Pensions. 2 NO REIMBURSEMENT TO STATE, COUNTY, OR MUNICIPAL CORPORATIONS. ACT MARCH 3, 1905 (33 STAT. L., 1169). * * * and no part of any accrued pension shall hereafter be used to reimburse any State, county, or municipal corporation for expenses incurred by such State, county, or municipal corporation under State law for expenses of the last sickness or burial of a deceased pensioner. * FAILURE TO CLAIM PENSION. SECTION 4719, REVISED STATUTES. The failure of any pensioner to claim his pension for three years after the same shall have become due shall be deemed presumptive evidence that such pension has legally terminated by reason of the pensioner's death, remarriage, recovery from the disability, or other- wise, and the pensioner's name shall be stricken from the list of 1 In nonvoucher cases the proper delivery of a pension check during the lifetime of the pensioner constitutes payment in the event of the d< ath of the peii:-ioner prior to endorse- ment thereof. In such cases the check becomes a part of the assets of the estate of the dec-cased pensioner. 2 Reimbursement claims were formerly settled in the Treasury Department; jurisdiction over them is conferred on the Commissioner of Pensions by thfs act. LAWS GOVERNING ARMY AND NAVY PENSIONS. 93 pensioners, subject to the right of restoration to the same on a new application by the pensioner, or, if the pensioner is dead, by the widow or minor children entitled to receive the accrued pension, accompanied by evidence satisfactorily accounting for the failure to claim such pension, and by medical evidence in cases of invalids who were not exempt from biennial examinations as to the continuance of the disability. PENSION NOT LIABLE TO ATTACHMENT. SECTION 4747, REVISED STATUTES. No sum of money due, or to become due, to any pensioner, shall be liable to attachment, levy, or seizure by or under any legal or equitable process whatever, whether the same remains with the Pension-Office, or any officer or agent thereof, or is in course of transmission to the pensioner entitled thereto, but shall inure wholly to the benefit of such pensioner. NOTE. See sections 4768 and 4769, Revised Statutes (p. 59), and act July 4, 1884 (p. 59), relative to payment of attorney fee by dis- bursing clerk when certified for payment by the Commissioner of Pensions. CHAPTER IX. MISCELLANEOUS STATUTES AND TABLE OF RATES. TWO PENSIONS TO SAME PERSON NOT ALLOWABLE. SECTION 4715, REVISED STATUTES. Nothing in this Title shall be so construed as to allow more than one pension at the same time to the same person, or to persons entitled jointly; but any pensioner who shall so elect may surrender his certificate, and receive, in lieu thereof, a certificate for any other pension to which he would have been entitled had not the surrendered certificate been issued. But all payments previously made for any period covered by the new certificate shall be deducted from the amount allowed by such certificate. PENSIONS UNDER SPECIAL ACT; SUSPECTED FRAUD. SECTION 4720, REVISED STATUTES. When the rate, commencement, and duration of a pension allowed by special act are fixed by such act, they shall not be subject to be varied by the provisions and limitations of the general pension-laws, but when not thus fixed the rate and continuance of the pension shall be subject to variation in accordance with the general laws, and its commencement shall date from the passage of the special act, and the Commissioner of Pensions shall, upon satisfactory evidence that fraud was perpetrated in obtaining such special act, suspend pay- ment thereupon until the propriety of repealing the same can be considered by Congress. SPECIAL-ACT PENSIONS EQUALIZED. ACT JUNE 6, 1874 (18 STAT. L., 61). That all persons entitled to pensions under special acts fixing the rate of such pensions, and now receiving or entitled to receive a less pension than that allowed by the general pension laws under like circumstances, are, in lieu of their present rate of pension, hereby declared to be entitled to the benefits and subject to the limitations of the general pension-laws, entitled "An act to revise, consolidate, and amend the laws relating to pensions," approved March third, eighteen hundred and seventy-three; and that this act go into effect from and after its passage: Provided, That this act shall not be construed to reduce any pension granted by special act. 94 LAWS GOVERNING ARMY AND NAVY PENSIONS. 95 SPECIAL ACT NOT IN ADDITION TO OTHER PENSION. ACT JULY 25, 1882 (22 STAT. L., 176). That no person who is now receiving or shall hereafter receive a pension under a special act shall be entitled to receive in addition thereto a pension under the general law, unless the special act ex- pressly states that the pension granted thereby is in addition to the pension which said person is entitled to receive under the general law. SPECIAL-ACT PENSION ON ACCOUNT OF HELPLESS CHILD. ACT MARCH 4, 1909 (35 STAT. L., 1058). That when an additional pension has been, or may hereafter be, granted by special act to a widow or guardian on account of a help- less child, such additional pension shall in no wise affect the rate of pension the widow may be entitled to independent of such addi- tional allowance. REPORT TO CONGRESS OF CERTAIN CLAIMS. RESOLUTION MAY 29, 1830 (4 STAT. L., 430). That the heads of department, who may severally (be) charged with the administration of the pension laws of the United States of America, be, and they hereby are, respectively, directed and re- quired, as soon as may be after "the opening of each- session of Con- gress, to present to the Senate and House of Representatives, a sev- eral list of such persons, whether revolutionary, invalid, or other- wise, as shall have made application for a pension, or an increase of pension, and as, in their opinion, respectively, ought to be placed upon the pension roll or otherwise provided for, and for doing which they have no sufficient power or authority, with the names and residence of such persons, the capacity in which they served, the degree of relief proposed, and a brief statement of the grounds thereof, to the end that Congress may consider the same. DETAIL OF CLERKS TO COMMITTEES OF HOUSE. RESOLUTION FEBRUARY 1, 1884 (23 STAT. L., 266). That the Secretary of the Interior be, and is hereby, authorized if in his opinion the public interests Avill not suffer thereby, upon the request of either of the committees hereinafter named, to detail from that department one clerk to act as assistant clerk to the House Com- mittee on Pensions, and one clerk to act as assistant clerk to the House Committee on Invalid Pensions. LOYALTY REQUIRED. SECTION 4716, REVISED STATUTES. 1 No money on account of pension shall be paid to any person, or to the widow, children, or heirs of any deceased person, who in any manner voluntarily engaged in, or aided or abetted, the late rebellion against the authority of the United States. 2 1 Repealed Aug. 29, 1916, see page 151. 2 Limitation imposed by sec. 4716, R. S., is removed in specified cases by the following statutes : Act Mar. 9, 1878, 20 Stat. L., 28, c. 28, sec. 5 ; act Jan. 29, 1887, 24 Stat. L., 372, c. 70, sec. 5 ; act July 27. 1892, 27 Stat. L., 282, c. 277, sec. 6 ; act Aug. 1, 1892, 27 Stat. L., 340, c. 351 ; act Apr. IS, 1900, 31 Stat. L., 13G, c. 244 ; act June 27, 1902, 32 Stat. L., 399, c. 1156; joint resolution July 1, 1902, 32 Stat. L., 750, pub. res., 42- act May 30, 1908, 35 Stat. L., 553, c. 230. 96 LAWS GOVEBNTNG ARMY AND NAVY PENSIONS. DISLOYALTY CONDONED IN CERTAIN CASES. ACT AUGUST 1, 1892 (27 STAT. L., 340). That the act entitled "An act amending the pension law so as to remove the disability of those who, having participated in the re- bellion, have since its termination enlisted in the Army of the United States, and become disabled," approved, March third, eighteen hun- dred and seventy-seven, 1 be, and the same is hereby, amended so as to read as follows : " That the law prohibiting the payment of any money on account of pensions to any person, or to the widow, children, or heirs of any deceased person who, in any manner, engaged in or aided or abetted the late rebellion against the authority of the United States, shall not be construed to apply to such persons as afterward voluntarily en- listed in either the Navy or Army of the United States, and who, while in such service, incurred disability from a wound or injury received or disease contracted in the line of duty." ACT APRIL 18, 1900 (31 STAT. L., 136). That section forty-seven hundred and sixteen of the Revised Statutes be, and the same is hereby, repealed, so far as the same may be applicable to the claims to pension of dependent parents of soldiers, sailors, and marines who served in the Army or Navy of the United States during the war with Spain. CONSTRUCTION OF ACT JUNE 27, 1890; DISLOYALTY. JOINT RESOLUTION JULY 1, 1902 (32 STAT. L., 750). SEC. 1. That the Act approved June twenty-seventh, eighteen hun- dred and ninety, entitled "An Act granting pensions to soldiers and sailors who are incapacitated for the performance of manual labor, and providing for pensions to widows, minor children, and dependent parents," is construed and held to include all persons and the widows and minor children of all deceased persons, subject to the limitations of said act, who served for ninety days in the military or naval service of the United States during the late war of the rebellion, and who have been honorably discharged therefrom, and section fort} 7 -seven hundred and sixteen, Revised Statutes United States, is amended accordingly : Provided, however. That the foregoing shall not apply to those who served in the First. Second. Third. Fourth, Fifth, and Sixth Regiments United States Volunteer Infantry who had a prior service in the Confederate army or navy and who enlisted in said regiments while confined as prisoners of war under a stipulation that they were not to be pensionable under the laws of the United States, 2 nor to those who, having had such prior service, enlisted in the military or naval service of the United States after the first day of January, eighteen hundred and sixty-five. 1 Act of Mar. 3, 1877 (19 Stat. L., 403, c. 120), related to the Army only ; act of Aug 1 1892, extended the provisions of said act to include the Navy. 2 Under date of Feb. 17, 1903, the Commissioner of Pensions issued instructions that claims for pension filed by persons who served in any of the six regiments above named shall be treated the same as the claims of those persons who rendered service in other than the excepted regiments, upon the ground that no such stipulation as named in the resolution, either express or implied, was found of record in the War Department. LAWS GOVEENING ARMY AND NAVY PENSIONS. 97 BOTH PENSION AND PAY NOT ALLOWED UNLESS, ETC. SECTION 4724, REVISED STATUTES. No person in the Army, Navy, or Marine Corps shall draw both a pension as an invalid and the pay of his rank or station in thro service, unless the disability for which the pension was granted be such as to occasion his employment in a lower grade, or in the civil branch of the service. OFFICER ON RETIRED LIST NOT ENTITLED TO PENSION. ACT AUGUST 29, 1890 (26 STAT. L., 371). Hereafter no officer of the Army, Navy or Marine Corps on the retired list shall draw or receive any pension under any law. NO PENSION TO PERSONS ON ACTIVE OR RETIRED LIST, ARMY, NAVY, OR MARINE CORPS. ACT MARCH 3, 1891 (2G STAT. L., 1082). * * * And provided further, That hereafter no pension shall be allowed or paid to any officer, noncommissioned officer, or private in the Army, Navy, or Marine Corps of the United States, either on the active or retired list. NO PENSION WHILE ON ACTIVE OR RETIRED LIST, REVENUE-CUTTER SERVICE. ACT MAY 27, 1908 (35 STAT. L., 322). * * * Provided, That hereafter no pension shall be allowed or paid to any commissioned officer, warrant officer, or enlisted man in the Revenue-Cutter Service either on the active or retired list. NO PENSION WHILE ON ACTIVE OR RETIRED LIST, COAST GUARD. ACT JANUARY 28, 1915 (38 STAT. L., 802). SEC. 3. * * * Provided, That no pension shall be allowed or paid to any commissioned officer, warrant officer, or enlisted man in the Coast Guard either on the active or retired list. NOTICE REQUIRED BEFORE SUSPENSION OR DROPPING, ACT DECEMBER 21, 1893 (28 STAT. L., 18). * * * Provided, That any pension heretofore or that may here- after be granted to any applicant therefor under any law of the United States authorizing the granting and payment of pensions, on application made and adjudicated upon, shall be deemed and held by all officers of the United States to be a vested right in the grantee to that extent that payment thereof shall not be withheld or sus- pended until, after due notice to the grantee of not less than thirty days, the Commissioner of Pensions, after hearing all the evidence, shall decide to annul, vacate, modify, or set aside the decision upon 98 LAWS GOVERNING ARMY AND NAVY PENSIONS. which such pension was granted. Such notice to grantee must con- tain 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. CONTINUANCE OF PENSION TO CERTAIN PERSONS. SECTION 4733, REVISED STATUTES. All pensioners whose names are now on the pension-roll or who are entitled to restoration to the roll under any act of Congress, shall be entitled to the continuance of such pensions under the provisions and limitations of this Title, and to such further increase of pension as is herein provided. PENSIONS ARE NOT TO BE WITHHELD. SECTION 4734, REVISED STATUTES. The provisions of law which allow the withholding of the com- pensation of any person who is in arrears shall not be construed to authorize the pension of any pensioner of the United States to be withheld. DUPLICATE OF LOST DISCHARGE CERTIFICATE. SECTION 224, REVISED STATUTES. Whenever satisfactory proof is furnished to the War Department that any noncommissioned officer or private soldier who served in the Army of the United States in the late war against the rebellion has lost his certificate of discharge, or the same has been destroyed without his privity or procurement, the Secretary of War shall be authorized to furnish, on request, to such noncommissioned officer or private a duplicate of such certificate of discharge, to be indelibly marked, so that it may be known as a duplicate; but such certificate shall not be accepted as a voucher for the payment of any claim against the United States for pay, bounty, or other allowance, or as evidence in any other case. DISCHARGE CERTIFICATES, MISSOURI HOME GUARDS. ACT MAY 15, 1886 (24 STAT. L., 23). That the Secretary of War be, and is hereby, authorized and directed to furnish, upon their several applications therefor, a cer- tificate of discharge to each and every member of the Missouri Home Guards whose claims for pay were adjudicated by the Hawkins- Taylor Commission, under the act approved March twenty-fifth, eighteen hundred and sixty-two, and the several acts supplementary thereto. PROVISIONS AS TO DISCHARGE CERTIFICATES EXTENDED; ALL WARS. ACT AUGUST 22, 1912 (37 STAT. L., 324). That the Secretary of War and the Secretary of the Navy be, and they are hereby, authorized and required to issue certificates of discharge or orders of acceptance of resignation, upon application LAWS GOVERNING ARMY AND NAVY PENSIONS. 99 and proof of identity, in the true name of such persons as enlisted or served under assumed names, while minors or otherwise, in the Army or Navy during any war between the United States and any other nation or people and were honorably discharged therefrom. Applications for said certificates of discharge or amended orders of resignation may be made by or on behalf of persons entitled to them, but 110 such certificate or order shall be issued where a name was assumed to cover a crime or to avoid its consequence. 1 CERTAIN SOLDIERS AND SAILORS NOT DEEMED DESERTERS, SECTION 4749, REVISED STATUTES. No soldier or sailor shall be taken or held to be a deserter from the Army or Navy who faithfully served according to his enlistment until the nineteenth day of April, eighteen hundred and sixty-five, and who, without proper authority or leave first obtained, quit his command or refused to serve after that date; but nothing herein con- tained shall operate as a remission of any forfeiture incurred by any such soldier or sailor of his pension; but this section shall be con- strued solely as a removal of any disability such soldier or sailor may have incurred by the loss of his citizenship in consequence of his desertion. 2 REMOVAL OF CHARGE OF DESERTION; NAVY AND MARINE CORPS. ACT AUGUST 14, 1888 (25 STAT. L., 442). SECTION 1. That the charge of desertion now standing on the rolls and records of the Navy or Marine Corps against any appointed or en- listed men of the Navy or Marine Corps who served in the late war may, in the discretion of the Secretary of the Navy, be removed in all cases where it shall be made to appear to the satisfaction of the Secretary of the Navy, from such rolls and records or from other satisfactory evidence, that any such appointed or enlisted man served faithfully until the expiration of his term of enlistment, or until the first day of May Anno Domini eighteen hundred and sixt}^-five, hav- ing previously served six months or more, or was prevented from completing his term of service by reason of wounds received or dis- ease contracted in the line of duty, but who, by reason of absence from his command at the time he became entitled to his discharge, failed to be mustered out and to receive a discharge from the service : Provided, That no such appointed or enlisted man shall be relieved under this section who. not being sick or wounded, left his com- mand, without proper authority, while the same was in presence of the enemy. SEC. 2. That the Secretary of the Navy is hereby authorized to re- move the charge of desertion standing on the rolls or records of the Navy or Marine Corps against any appointed or enlisted man of the Navy or Marine Corps who served in the late war, in all cases where it shall be made to appear, to the satisfaction of the Secretary of the Navy, from such rolls or from other satisfactory evidence, that such appointed or enlisted man charged with desertion or with absence iFor prior legislation on same subject, see act Apr. 14, 1890 (26 Stat. L., 55), and act June 25, 1910 (36 Stat. L,, 824). 2 See sec. 2, joint resolution, July 1, 1902, and joint resolution, June 28, 1906, p. 105. 100 LAWS GOVERNING ARMY AND NAVY PENSIONS. without leave, after such charge of desertion or absence without leave, and within a reasonable time thereafter, voluntarily returned to and served in the line of his duty until he was mustered out of the service, and received a certificate of discharge therefrom, or, while so absent, and before the expiration of his term of enlistment, died from wounds, injury, or disease received or contracted in the service and in the line of duty. SEC. 3. That the charge of desertion now standing on the rolls or records of the Navy or Marine Corps against any appointed or en- listed man of the Navy or Marine Corps who served in the late war, by reason of his having enlisted at any station or on board of any vessel of the Navy without having first received a discharge from the station or vessel in which he had previously served, shall be re- moved in all cases wherein it shall be made to appear to the satisfac- tion of the Secretary of the Navy from such rolls and records, or from other satisfactory testimony, that such reenlistment was not made for the purpose of securing bounty or other gratuity that he would not have been entitled to had he remained under his original term of enlistment: Provided, That no appointed or enlisted man shall be relieved under this act who, not being sick or wounded, left his command without proper authority while the s-nie was in pres- ence of the enemy, or who, at the time of leaving his command, was in arrest or under charges, or in whose case the period of absence from the service exceeded three months. SEC. 4. That in all cases where the charge of desertion shall be removed under the provisions of this act from the record of any appointed or enlisted man of the Navy or Marine Corps who has not received a certificate of discharge it shall be the duty of the Secre- tary of the Navy to issue to such appointed or enlisted man. or in of his death, to his heirs or legal representatives, a certificate of discharge. SEC. 5. That when the charge of desertion shall be removed under the provisions of this act from the record of any appointed or en- listed man of the Navy or Marine Corps, such man. or, in case of his death, the heirs or le^al representatives of such man, shall receive all pay and bounty which may have been withheld on account of such charge of desertion or absence without leave: Provided, hon'< That this act shall not be so construed as to give to any such man as may be entitled to relief under the provisions of this act. oi\ in case of his death, to the heirs or legal representatives of any such man, the right to receive pay and bounty for any period of time during which such man was absent from his command without leave of absence: And provided further. That no appointed or enlisted man. nor the heirs or legal representatives of any such man. who served in the Navy or Marine Corps a period of less than six months shall be entitled to the benefit of the provisions of this act : -4??^ provided fur- ther, That all applications for relief under this act shall be made to and filed with the Secretary of the Navy within the period of five years from and after its passage, and all applications not so made and filed within the said term of five years shall be forever barred, and shall not be received or considered. SEC. 6. That all acts and parts of acts inconsistent with the pro- visions of this act are hereby repealed. LAWS GOVERNING ARMY AND NAVY PENSIONS. 101 CHARGE OF DESERTION; NAVY AND MARINE C$R$; JLIMIT-ATIOK 'REMOVED. ACT MAY 24, 1900 (31 STAT. L.,' 183 )., tu SECTION 1. That chapter eight hundred and'ninetyV volume twenty^ five, of the United States Statutes at Large, entitled "An act to relieve certain appointed or enlisted men of the Navy and Marine Corps from the charge of desertion," approved August fourteenth, eight- een hundred and eighty-eight, be, and the same is hereby, revived and reenacted. SEC. 2. That section five of the said act be, and is hereby, so amended as to remove the limitation of time within which applica- tions for relief may be received and acted upon under the provisions REMOVAL OF CHARGE OF DESERTION: ARMY. ACT MARCH 2, 1889 (25 STAT. L., 869). SECTION 1. That the charge of desertion now standing on the rolls and records in the office of the Adjutant General of the United States Army against any soldier who served in the late war in the volun- teer service shall be removed in all cases where it shall be made to appear to the satisfaction of the Secretary of War, from such rolls and records, or from other satisfactory testimony, that such soldier served faithfully until the expiration of his term of enlistment, or until the first day of May, anno domini eighteen hundred and sixty- five, having previously served six months or more, and, by reason of absence from his command at the time the same was mustered out, failed to be mustered out and to receive an honorable discharge, or that such soldier absented himself from his command, or from hos- pital while suffering from wounds, injuries, or disease received or contracted in the line of duty and was prevented from completing his term of enlistment by reason of such wounds, injuries, or disease. SEC. 2. That the Secretary of War is hereby authorized to remove the charge of desertion from the record of any regular or volunteer soldier in the late war upon proper application therefor, and satis- factory proof in the following cases: First. That such soldier, after such charge of desertion was made, and within a reasonable time thereafter, voluntarily returned to his command and served faithfully to the end of his term of service, or until discharged. Second. That such soldier absented himself from his command or from hospital while suffering from wounds, injuries, or disease re- ceived or contracted in the line of duty, and upon recovery volun- tarily returned to his command and served faithfully thereafter, or died" from such wounds, injuries, or disease while so absent, and before the date of muster out of his command, or expiration of his term of service, or was prevented from so returning by reason of such wounds, injuries, or diseases before such muster out or expiration of service. Third. That such soldier was a minor, and was enlisted without the consent of his parent or guardian, and was released or discharged from such service by the order or decree of any court of competent jurisdiction on habeas corpus or other proper judicial proceedings; and in any such case no pay, allowance, bounty, or pension shall be allowed or granted. 102 LAWS GOVERNING AEMY AND NAVY PENSIONS. SEC. 3, That iha charge of desertion now standing on the rolls and records in the office of the Adjutant General of the Army against any ' regular, or vohinteei* soldier who served in the late war of the rebel- lion by rei:eon of his having enlisted in any regiment, troop, or com- pany, or in the United States Navy or Marine Corps, without hav- ing first received a discharge from the regiment, troop, or company in which he had previously served, shall be removed in all cases wherein it shall be made to appear to the satisfaction of the Secre- tary of War, from such rolls and records, or from other satisfactory testimony, that such reenlistment was not made for the purpose of securing bounty or other gratuity that he would not have been entitled to, had he remained under his original term of enlistment; that the absence from the service did not exceed four months; and that such soldier served faithfully under his reenlistment. SEC. 4. That whenever it shall appear from the official records in the office of the Adjutant General, United States Army, that any regular or volunteer soldier of the late war was formally restored to duty from desertion by the Commander competent to order his trial for the offense, or, having deserted and being charged with desertion, was, on return to the service, suffered, without such formal restora- tion, to resume his place in the ranks of his command, serving faith- fully thereafter until the expiration of his term, such soluicr shall not be deemed to rest under any disability because of such desertion in the prosecution of any claim for pension on account of disease contracted or wounds or injuries received in the line of his duty as a soldier. SEC. 5. That when the charge of desertion shall be removed under the provisions of this act from the record of any soldier, such sol- dier, or, in case of his death, the heirs or legal representatives of such soldier, shall receive the pa} r and bounty due to such soldier: Pro- vided, however, That this act shall not be so construed as to give to any such soldier, or, in case of his death, to the heirs or legal repre- sentatives of any such soldier, any pay, bounty, or allowance for any time during which such soldier was absent from his command with- out proper authority ; nor shall it be so construed as to give any pay, bounty, or allowance to any soldier, his heirs or legal representatives, who served in the Army a period of less than six months. SEC. 6. That the Secretary of War be, and he hereby is, authorized and directed to amend the military record of any soldier who enlisted for the war with Mexico, upon proper application, where the rolls and records of the Adjutant General's office show the charge of deser- tion against him, when such rolls and records show the facts set out in the following cases : First: That said soldier served faithfully the full term of his enlistment, or having served faithfully for six months or more, and until the fourth day of July anno domini eighteen hundred and forty-eight, left his commnnd without having received a discharge. Second. That such soldier, after said charge of desertion was en- tered on the rolls, voluntarily returned to his command within a reasonable time and served faithfully until discharged. SEC. 7. That the provisions of this act shall not be so construed as to relieve any soldier from the charge of desertion who left his com- mand from disaffection or disloyalty to the Government, or to evade the dangers and hardships of the service, or whilst in the presence LAWS GOVERNING ARMY AND NAVY PENSIONS. 103 of the enemy (not being sick or wounded) , or while in arrest or under charges for breach of military duty, or in case of a soldier of the Mexican War, who did not actually reach the seat of war. SEC. 8. That when such charge of desertion is removed under the provisions of this act, the soldier shall be restored to a status of hon- orable Service, his military record shall be corrected as the facts may require, and an honorable discharge shall be issued in those cases where the soldier has received none ; and he shall be restored to all his rights as to pension, pay, or allowances as if the charge of desertion had never been made; and in case of the death of said sol- dier, his widow or other legal heir shall be entitled to the same rights as in case of other deceased honorably discharged soldiers : Provided, That this act shall not be construed to give to any soldier, or his legal representatives or heir, any pay or allowance for any period of time he was absent without leave, and not in the performance of military duty. SEC. 9. That all applications for relief under this act shall be made to and filed with the Secretary of War within the period of three years from and after July first, eighteen hundred and eighty-nine, and all applications not so made and filed within said term of three years shall be forever barred, and shall not be received or con- sidered. SEC. 10. That all acts and parts of acts inconsistent with the pro- visions of this act are hereby repealed. MINORS RELEASED BY ORDER OF COURT. . ACT MARCH 2, 1891 (26 STAT. L., 824). That subdivision three of section two of the above entitled act be, and the same is, amended so as to read as follows : a " Third. That such soldier was a minor, and was enlisted without the consent of his parent or guardian, and was released or discharged from such service by the order or decree of any State or United States court on habeas corpus or other judicial proceedings, and in such case such soldier shall not be entitled to any bounty or allow- ance, or pay for any time such soldier was not in the performance of military duty." LIMITATION, ACT MARCH 2, 1889, EXTENDED TWO YEARS. ACT JULY 27, 1892 (27 STAT. L M 278). That section nine of the act for the relief of certain volunteer and regular soldiers of the late war and the war with Mexico, passed March second, anno Domini eighteen hundred and eighty-nine, be, and the same is hereby, so amended as to extend the time for the limi- tation of the operation of said section for the period of two years from the first of July, eighteen hundred and ninety-two. 1 Title of act : An act to amend an act entitled "An act for the relief of certain vol- unteer and regular soldiers of the late war and the war with Mexico," approved Mar. 2, eighteen hundred and eighty-nine. (See p. 101.) 70942 17 8 104 LAWS GOVERNING ARMY AND NAVY PENSIONS. LIMITATION, ACT MARCH 2, 1889, REMOVED. ACT MARCH 2, 1895 (28 STAT. L., 814). That section nine of the act for the relief of certain volunteer and regular soldiers of the late war and the war with Mexico, approved March second, eighteen hundred and eighty-nine, be, and the same is hereby, so amended as to remove the limitation of time within which applications for relief may be received and acted upon under the provisions of said act. 1 DESERTION IN TIME OF WAR FORFEITS PENSION. ACT APRIL 26, 1898 (30 STAT. L., 365). SEC. 6. That in time of war the pay proper of enlisted men shall be increased twenty per centum over and above the rates of pay as fixed by law: Provided, That in war time no additional increased com- pensation shall be allowed to soldiers performing what is known as extra or special duty: Provided further, That any soldier who de- serts shall, besides incurring the penalties now attaching to the crime of desertion, forfeit all right to pension which he might otherwise have acquired. AMENDING ACT APRIL 26, 1898: DESERTION. ACT MAY 11, 1908 (35 STAT. L., 110). That section six of the act entitled "An act for the better organiza- tion of the line of the Army of the United States," approved April twenty-sixth, eighteen hundred and ninety-eight, be amended so as to read as follows: " SEC. 6. That any soldier who deserts shall, besides incurring the penalties now attaching to the crime of desertion, forfeit all right to pension which he might otherwise have acquired." That nothing herein contained shall be construed so as to reduce the pay or allowances now authorized by law for any officer or en- listed man of the Army ; and all laws or parts of laws inconsistent with the provisions of this act are hereby repealed. MODIFYING CERTAIN SPECIAL ACTS OF SIXTY-FIRST CONGRESS. JOINT RESOLUTION FEBRUARY 27, 1911 (36 STAT. L., 1458). That in all laws approved during the Sixty-first Congress having for their object the removal of disabilities accruing from defective records in the military or naval service of the United States, the words "Provided, That, other than as above set forth, no bounty, pay, pension, or other emolument shall accrue prior to or by reason of the passage of this Act " shall not prohibit or prevent the granting of a pension on an application made after the approval of this Act, and accruing only from the date of said application. 1 Prior laws as to removal of the charge of desertion standing against Volunteers and Regulars serving during the Civil War were enacted Aug. 7, 1882 (22 Stat. L., 347) ; July 5, 1884 (23 Stat. L., 119) ; and May 17, 1886 (24 Stat. L., 51), and reenacted in act Mar. 2, 1889. LAWS GOVERNING ARMY AND NAVY PENSIONS. 105 SERVICE TO DATE OF DISBANDMENT. SECTION 4701, REVISED STATUTES. The period of service of all persons entitled to the benefits of the pension-laws, or on account of whose death any person may become entitled to a pension, shall be construed to extend to the time of dis- banding the organization to which such persons belonged, or until their actual discharge for other cause than the expiration of the service of such organization. HONORABLE DISCHARGE FOR PENSIONABLE PURPOSES. JOINT RESOLUTION JULY 1, 1902 (32 STAT. L., 750). SEC. 2. That in the administration of the pension laws any enlisted man of the Army, including regulars, volunteers, and militia, or any appointed or enlisted man of the Navy or Marine Corps, who was honorably discharged from the last contract of service entered into by him during the late war of the rebellion, shall be held and con- sidered to have been honorably discharged from all similar contracts of service previously entered into by him with the United States dur- ing said war : Provided, That such enlisted or appointed man served not less than six months under said last enlistment or appointment, that his entire service under said last enlistment or appointment was faithful, and that he did not receive by reason of said last enlist- ment or appointment 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, either in the Army, Navy, or Marine Corps, during the war of the rebellion. HONORABLE DISCHARGE; PROVISIONS EXTENDED. JOINT RESOLUTION JUNE 28, 1906 (34 STAT. L., 836). That section two of joint resolution approved July first, nineteen hundred and two, be amended to read as follows : " SEC. 2. That in the administration of the pension laws any en- listed man or commissioned officer of the Army, including regulars, volunteers, and militia, or any appointed or enlisted man or commis- sioned officer of the Navy or Marine Corps, who was honorably dis- charged from any subsequent contract of service entered into by him during the late war of the rebellion, shall be held and considered to have been honorably discharged from all previous contracts of service as commissioned officer or enlisted man previously entered into by him with the United States during said war : Provided, That such enlisted or appointed man or commissioned officer served not less than six months under any subsequent enlistment, appointment, or commission; that his entire service under any said subsequent enlistment, appointment, or commission was faithful, and that he did not receive by reason of said enlistment, appointment, or com- mission any bounty or gratuity other than from the United States in excess of that to which he would have been entitled if he had contin- ued to serve faithfully until honorably discharged under any contract of service previously entered into by him, either in the Army, Navy, or Marine Corps, during the war of the rebellion. 106 LAWS GOVERNING ARMY AND NAVY PENSIONS. STATUS OF VOLUNTEERS. ACT APRIL 22, 1898 (30 STAT. L., 361). SEC. 12. That all officers and enlisted men of the Volunteer Army, and of the militia of the States when in the service of the United States, shall be in all respects on the same footing as to pay, allow- ances, and pensions as that of officers and enlisted men of correspond- ing grades in the Regular Army. STATUS OF MERCHANT-MARINE SERVICE. ACT MAY 28, 1896 (29 STAT. L., 189). * * * No master, mate, pilot, 'or engineer of steam vessels licensed under title fifty-two of the Revised Statutes shall be liable to draft in time of War, except for the performance of duties such as required by his license; and, while performing such duties in the service of the United States, every such master, mate, pilot, or engi- neer shall be entitled to the highest rate of wages paid in the mer- chant marine of the United States for similar services; and if killed or wounded while performing such duties under the United States, they, or their heirs, or their legal representatives shall be entitled to all the privileges accorded to soldiers and sailors serving in the Army and Navy, under the pension laws of the United States. EMPLOYMENT IN CIVIL SERVICE NO BAR TO PENSION. ACT MARCH 1, 1S79 (20 STAT. L., 327). That all persons who, under and by virtue of the first section of the act entitled "An act supplementary to the several acts relating to pensions," approved March third, eighteen hundred and sixty-five, were deprived of their pensions during any portion of the time from the third of March, eighteen hundred and sixty-five, to the sixth of June, eighteen hundred and sixty-six, by reason of their being in the civil service of the United States, shall be paid their said pen- sions, withheld by virtue of said section of the act aforesaid, for and during the said period of time from the third of March, eighteen hundred and sixty-five, to the sixth of June, eighteen hundred and sixtv-six. STATUS OF ARMY PAYMASTERS' CLERKS. ACT MARCH 3, 1911 (36 STAT. L., 1044). Hereafter the pay and allowances of Army paymasters' clerks shall be the same as provided by law for Navy paymasters' clerks on shore duty, and they shall also be entitled to the same right of retirement with the same retired pay as is now allowed Navy paymasters' clerks : Provided, That Army paymasters' clerks shall be subject to the rules and articles of war. REMUSTER OF OFFICERS. ACT FEBRUARY 24, 1897 (29 STAT. L., 593). SECTION 1. That any person who was duly appointed or commis- sioned to be an officer of the volunteer service during the war of the rebellion, and who was subject to the mustering regulations at the LAWS GOVERNING AEMY AND NAVY PENSIONS. 107 time applied to members of the volunteer service shall be held and considered to have been mustered into the service of the United States in the grade named in his appointment or commission from the date from which he was to take rank under and by the terms of his said appointment or commission, whether the same was actually received by him or not, and shall be entitled to pay, emoluments, and pension as if actually mustered at that date: Provided, That at the date from which he was to take rank by the terms of his said appoint- ment or commission there was a vacancy to which he could be so appointed or commissioned, and his command had either been re- cruited to the minimum number required by law and the regulations of the War Department, or had been assigned to duty in the field, and that he was actually performing the duties of the grade to which he was so appointed or commissioned; or if not so performing such duties, then he shall be held and considered to have been mustered into service and to be entitled to the benefits of such muster from such time after the date of rank given in his commission as he may have actually entered upon such duties : Provided further, That any person held as a prisoner of war, or who may have been absent by reason of wounds, or in hospital by reason of disability received in the service in the line of duty, at the date of issue of his appoint- ment or commission, if a vacancy existed for him in the grade to which so appointed or commissioned, shall be entitled to all the benefits to which he would have been entitled under this Act if he had been actually performing the duties of the grade to which he was appointed or commissioned at said date: Provided further, That this Act shall be construed to apply only in those cases where the commission bears date prior to June twentieth, eighteen hundred and sixty-three, or after that date when the commands of the persons appointed or commissioned were not below the minimum number required by then existing laws and regulations. SEC. 2. That the heirs or legal representatives of any person whose muster into service shall be recognized and established under the terms of this Act shall be entitled to receive the arrears of pay and emoluments due, and the pension, if any, authorized by law, for the grade to which recognition shall be so extended. SEC. 3. That the pay and allowances of any rank or grade paid to and received by any military or naval officer in good faith for serv- ices actually performed by such officer in such rank or grade during the war of the rebellion, other than as directed in the fourth proviso of the first section of this Act, shall not be charged to or recovered back from such officer because of any defect in the title of such officer to the office, rank, or grade in which such services were so actually performed. SEC. 4. That all acts and parts of acts inconsistent with the provi- sions of this Act be, and the same are hereby, repealed. 1 i See limitation imposed by act April 19, 1910 (36 Stat. L., 324). Prior acts relat- ing to muster, remuster, and pay of certain officers and enlisted men of the volunteer forces in the Civil War; joint resolution July 26, 186(5 (14 Stat. L., 368); joint reso- lution July 11, 1870 (16 Stat. L., 385) ; act June 3, 1884 (23 Stat. L., 34) ; act Feb. 3.. 1887 (24 Stat. L., 377). 108 LAWS GOVERNING ARMY AND NAVY PENSIONS. COPIES OF RECORDS TO BE FURNISHED; FEES. ACT AUGUST 24, 1912 (37 STAT. L., 497). SECTION 1. That the Secretary of the Interior, the head of any bureau, office, or institution, or any officer of that department, may, when not prejudicial to the interests of the Government, furnish authenticated or unauthenticated copies of any official books, records, papers, documents, maps, plats, or diagrams within his custody, and charge therefor the following fees: For all written copies, at the rate of fifteen cents for each hundred words therein ; for each photo- lithographic copy, twenty-five cents where such copies are authorized by law; for photographic copies, fifteen cents for each sheet; and for tracings or blue prints the cost of the production thereof to be determined by the officer furnishing such copies, and in addition to these fees the sum of twenty-five cents shall be charged for each certificate of verification and the seal attached to authenticated copies: Provided, That there shall be no charge for the making or verification of copies required for official use by the officers of any branch of the Government: Provided further, That only a charge of twenty-five cents shall be made for furnishing authenticated copies of any rules, regulations, or instructions printed by the Government for gratuitous distribution. SEC. 2. That nothing in this Act shall be construed to limit or re- strict in any manner the authority of the Secretary of the Interior to prescribe such rules and regulations as he may deem proper govern- ing the inspection of the records of said department and its various bureaus by the general public, and any person having any particular interest in any of such records may be permitted to take copies of such records under such rules and regulations as may be prescribed by the Secretary of the Interior. * SEC. 3. That all authenticated copies furnished under this Act shall be admitted in evidence equally with the originals thereof. SEC. 4. That all officers who furnish authenticated copies under this Act shall attest their authentication by the use of an official seal, which is hereby authorized for that purpose. 1 SEC. 6. That all sums received under the provisions of this Act shall be deposited in the Treasury to the credit of miscellaneous receipts. The following sections in this chapter consist of excerpts from an office publication not available for general distribution, and the num- bers of sections correspond with the numbers of sections in that publication : TABLE OF RATES. 410. TABLE I. For simple total (a disability equivalent to the an- chylosis of a wrist) provided by section 4.695, 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 1 Section 5 has no application to the Bureau of Pensions. LAWS GOVERNING ARMY AND NAVY PENSIONS. 109 Per month. 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 com- manding, 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, assist- ant surgeon, assistant paymaster, and chaplain, and captain in Marine Corps 20. 00 First lieutenant in Marine Corps 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 8.00 110 LAWS GOVERNING ARMY AND NAVY PENSIONS. Hi :8 8 ': Ifi $100.00 S3 8 jss $ 888 8 8 8 5 8 111 8 S 8 Ijjl ! 8 i S ^ 00 O (/,> 8 : : FT] 8 : : : : : 8 O broc : : :8 S i :!g * 8? ; ^ 8 8S Ri : : '. : : : 8 Si : : :8 8 . . . 8S s;s 8 8 ~lS~ 888 8 : : 8 F ff B j K ||s | 8 liss 888 8 : 8 :8 : : : : : : : 8 : 8 ^ *O iO O 1O O O O c* > per month for each child under the i each helpless child; and all Acts o; parts of A-t> inconsistent with die provisions of this Act are hereby repealed: Provided, h<> That this Act shall not be so construed as to reduce an any Act, public or private. SEC. 2. 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 was placed or shall hereafter be placed on tlu pension roll, under any existinir law. and whose name- n or shall hereafter be dropped from said pension roll by reason of her marriage to another person who has since died or shall hereafter die. or from whom she has heen heretofore or shall he hereafter div- 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 gr rate of pension under the provisions of section one of th pension to commence from the date of filing her application in the Bureau of Pensions after the passage of this Act: Provided^ how- ever, That where the pension of said widow pn her second or si quent marriage has accrued to a helpless or idiotic child, or a child or children under the age of sixteen years, she shall not be entitle* I to renewal under this Act unless said helpless or idiotic child, or child or children under sixteen years of age. be then a member or members of her family and cared for by her, and upon the renewal of pension to said widow payment of pension to said child or chilckren shall cease: And provided further, That the provisions of this Act shall be extended to those widows, otherwise entitled, whose husbands died of wounds, injuries, or disease incurred during the period of their military or naval service, but who were deprived of pension under the Act of March third, eighteen hundred and sixty-five, because of their failure to draw any pensions by reason of their remarriage, and 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 LAWS GOVEKNING ARMY AND NAVY PENSIONS. 153 again a widow, or has been divorced from her last husband upon her own application without fault on her part and who, otherwise en- titled, was barred by reason of such remarriage from receiving pen- sion under any existing law. SEC. 3. That any widow, as described in section two of the Act approved April nineteenth, nineteen hundred and eight, who married the soldier or sailor prior to June twenty-seventh, nineteen hundred and five, shall have title to pension under the provisions of said sec- tion of said Act, to commence from the date of filing her application in the Bureau of Pensions after the passage of this Act: Provided, however, That where a pension has been granted to a soldier's or sailor's helpless or idiotic child or children, or child or children under the age of sixteen years, his widow shall not be entitled to pension under this section, unless the pension to such child or children has terminated, or unless such child or children be a member or members of her family and cared for by her, and upon allowance of pension to the widow, payment of pension to such child or children shall cease. SEC. 4. That no claim agent or attorney shall be recognized in the adjudication of claims under the first section of this Act, nor shall any claim agent or attorney be recognized in the adjudication of claims under the second section of this Act for renewal of pension previously allowed, and in claims for original pension under section two of this Act no greater sum than $10 shall be allowed for services in preparing, presenting, or prosecuting such claim, which sum shall be payable only upon the order of the Commissioner of Pensions under such rules and regulations as he may deem proper to make. BUREAU OF EFFICIENCY; SYSTEM OF PAYING PENSIONS. ACT OF SEPTEMBER 8, 1916 (39 Stat. L., 801). The sum of $4,000 appropriated by the deficiency appropriation Act approved March fourth, nineteen hundred and fifteen, for the purchase, rental, exchange, and remodeling of labor-saving ma- chinery, equipment, and supplies necessary to enable the Bureau of Efficiency to demonstrate an improved sj^stem of paying pensions is reappropriated and made available for expenditure during the fiscal year nineteen hundred and seventeen : Provided, That the equipment purchased hereunder shall become the property of the Bureau of Pensions when the demonstration is completed: Provided further, That the Bureau of Efficiency shall investigate the business methods of the Bureau of Pensions and prepare recommendations for the im- provement thereof and submit the same to the Secretary of the In- terior as early as practicable for his approval. 154 LAWS (;ovKK.\r\<; AHMV AND NAVY PKNSIONS. PENSIONS TO INMATES OF NATIONAL SOLDIERS' HOME. AMI-:NI>MKNTS TO ACTS or I-I;I:IMAKY nc,. ISM. AND Ar<;r>T 7. s:> >r tins l'he provisions of the Act of February -'<">. 1881, and the act of gust 7. 1882, as to "Pensions of Inmate- of National Soldiers" r l' August Home,'' were modified by the act of July 1. Hi-J. :i-J Stat. L.. 564. a follo\\> : " Mcn-a ftcr any balance of pension money due a member of the Xaiioiial Home for Disabled Volunteer Soldiers at the time of his death shall be paid to his widow, minor children or dependent mother or father in the order named, and should no widow, minor child, or dependent parent he discovered within one year from the time of tin- death of the pensioner, said balance shall be paid to the po>t fund of the Branch of said National Home of which the pensioner u member at the time of his death, to be used for the common benefit of the members of the Home under the direction of the Hoard of Managers, .-uhjert <<> future reclamation by the relatives hereinbefore designated, upon application filed with the Board of Man;; within live years after the pensioner's death/' IXDEX. A. Page. Abandonment: By widow, of minor child or children forfeits pension. Title, how established. Section 4706, Revised Statutes 48 Accessories, punishment of: Section 333, Criminal Code 127 Accrued pension : Attorney fees, in claims for 06, 71 Beneficiaries. Act of March 2, 1895 91 Claim for, must be accompanied by explanation and evidence of con- tinuance, when. Section 4719, Revised Statutes 92 Not assets of estate. Act March 2, 1895 92 Regulations and instructions relative to claims for 145 Acknowledgments: May be made before United States commissioners. Section 1778, Revised Statutes 57 Acting assistant surgeon: Pensionable status of. Section 4693, Revised Statutes 20 Active list. (Sec Retired list.) Acts of Congress. (See Table of contents.) Adjutant General, United States Army : Application for certificate in lieu of lost discharge to be made to 147 Adulterous cohabitation, open and notorious : Of widow, terminates pen- sion. Act August 7, 1882 (sec. 2) 44 Affidavits : Certain informalities corrected. Act July 26, 1892 (sec. 3) 57 Executed in foreign countries, how. Act July 26, 1892 (sec. 2) 56 Execution of, in pension claims. Act July 26, 1892 56 False or fraudulent, making or presenting ; penalty. Act July 7, 1898_ 117 Regulations and instructions governing 130, 146 Special examiners may take. Act July 25, 1882_ 6 Age: Made a permanent specific disability. Act April 24, 1906 ; act March 4, 1907 32 Pensions based on attained Act January 29, 1887 (sec. 1) 16 Service and, elements of title. Acts February 6, 1907, and May 11, 1912 18, 31, 32 Agents and attorneys : Articles of agreement. (See Articles of agreement.) Certain persons not to act as. Section 190, Revised Statutes 57 Declaration or affidavit, executed before, effect on attorneyship rights 146 False demand on fraudulent power of attorney ; penalty. Section 34, Criminal Code 119 Fee contracts made prior to passage of act null and void Act June 27, 1902 14 Act May 30, 1908 15 Fees allowed, and payment of. (See Fee.) Fees, table of 70,71 Form of oath required. Section 1757, Revised Statutes 58 Illegal fee; penalty. (See Crimes.) No fee allowed, when. (See Fee.) Notaries public in District of Columbia not prohibited from prac- ticing before departments. Act June 29, 1906 58 Not to withhold or retain discharge papers or land warrants ; penalty. Act May 21, 1872 114 155 156 INDEX. Agents and attorneys Continued. Oath of allegiance- Required of. Section 3478, Revised Statutes Who may administer. Section 3479, Revised Statutes 58 Penalty For exacting or accepting fee for securing pension by special act of Congress. Act May 28, 1908 117 For unlawfully withholding pension. Act June 27, 1890 (sec. 4)_ For violating act relating to fees. Act July 4, 1884 (sec. 4)__ 115 Postage to, limited 71 Power of attorney to, not recognized in paying foreign pensions. Act March 14, 1898 Regulations governing 63 Rights of parties under contracts in cases pending July 4, 1884, not abridged. Act July 4, 1884 (sec. 1) 59 Secretary of the Interior may prescribe rules and regulations govern- ing recognition of. Act July 4, 1884 (sec. 5) 61 Secretary of the Interior may suspend or disbar, when. Act July 4, 1884 (sec. 5) 61 To be notified on issue of certificate of pension. Section 4748, Re- vised Statutes 56 Wrongfully withholding part of pension ; penalty. Act April 19, 1908 (sec. 3) 117 Aid and attendance. Frequent and periodical and regular ; rates Amputations. Tables of rates, Nos. 2 and 3 110, 1 1 1 Ante-Rebellion Appeal : From special medical examinations. Section 4775, Revised Statutes- Rules of practice on 76 Application : For artificial limbs and surgical appliances, to whom made For back pay, extra pay, bounty money, or prize money, with whom filed 148 For certificate of service in lieu of lost discharge, with whom filed- 147 For Navy service allowances. Sections 4756 and 4757, Revised Statutes 54,55 For reimbursement to be made to Commissioner of Pensions. Act March 4, 1909 92 For removal of charge of desertion from Navy or Marine Corps, to be made to Secretary of Navy. Act August 14, 1888 99 For removal of charge of desertion, Mexican and Civil Wars, to be made to Secretary of War. Act March 2, 1889 101 Arkansas. Fourth Mounted Infantry, commanded by Elisha Baxter. Act February 27, 1899 43 Arm. Loss of (see Table of Rates No. 2) 110 Army and Navy: Certificate of commissioned officer in, accepted without being sworn to 147 Officers and men on active or retired list not entitled to pension. Acts August 29, 1890, and March 3, 1891, May 27, 1908, January 28, 1915 1 97 Prior disloyalty not a bar to pension for disabilities incurred while serving in. Act August 1, 1892 96 Re-entry into, terminates pension. Section 4724, Revised Statutes-- 97 Volunteer officers (Army), remuster, pay pensions; exception. Act February 24, 1897 106 Army Nurses: Attorney fee; none allowed; penalty for demanding. Act August 5, 1892 (sec. 2) 116 In War of Rebellion, entitled to pension. Act August 5, 1892 27 Regulations and instructions relative to 143 Arrears : Acts January 25, 1879, and March 3, 1879 41, 42 Of pension or increase; no fee in claims for. Act July 4, 1884, (sec. 4) 60 Pensions of persons in, not to be withheld. Section 4734, Revised Statutes 98 INDEX. , 157 Articles of agreement: Page- Amount of fee to be stipulated in. Act July 4, 1884 (sec. 4) 60 Amount of fee to be paid in absence of. Act July 4, 1884 (sec. 4.)__ 60 Amount paid attorney prior to execution of, to be stipulated in, otherwise articles of agreement to be disregarded, and such amount to be deducted from fee allowed by law. Act July 4, 1884 (sec. 4)_ 60 Commissioner of Pensions to transmit one of, with certificate of pension, to pension agent. Section 4768, Revised Statutes -59- Duty of pension agent upon receipt of. Section 4769, Revised Statutes 59 Form of. Act July 4, 1884 (sec. 4) 60 May be rejected by Commissioner of Pensions. Act July 4, 1884 (sec. 6) 62 Null and void in certain Indian war service-pension claims. Acts June 27, 1902, and May 30, 1908 14, 15 Recognized in certain claims only. Act July 4, 1884 (sec. 4) 60 Should be in duplicate. Act July 4, 1884 (sec. 4) 60 Artificial limbs and mechanical appliances. Applications for, to be made to Surgeon General, United States Army 148 Ashuelot, steamer. Twelve months' pay allowed to widows, minor chil- dren, and dependent parents of men lost in wreck of, to be deducted from pensions of. Act January 29, 1887 (sec. 2) 51 Attachment. Pension not liable to. Section 4747, Revised Statutes 93 Attorney General. To furnish professional assistance on application. Section 187, Revised Statutes 7 Attorneys. (See Agents and attorneys.) Auditor for Navy Department. Applications for bounty, extra pay, or prize money to be made to 148 Auditor for War Department. Applications for back pay, extra pay, and bounty to be made to 148 Authority : To increase or reduce a pension, reserved in the Commissioner of Pensions. Act June 21, 1879 (sec. 3) 81 To publish printed forms. Section 4748, Revised Statutes 56 Automatic. Increase upon attaining certain ages. Act March 4, 1913, amending Act May 11, 1912 (Sec. 5) 34 Aviation. Double pension for disability or death from duty in Navy and Marine Corps. Act March 3, 1915 24 B. Beaty's Scouts and Guides. Pensionable status of. Act July 14, 1870 27 Biennial examinations. Abolished. Act June 21, 1879 (sec. 3) 81 Birth. Date of, how proved 139 Blank forms : For declaration, to be furnished by Commissioner of Pensions. Sec- tion 4748, Revised Statutes 56 For vouchers, Secretary of the Interior required to furnish. Sec- tion 4767, Revised Statutes 85 For vouchers, to contain notice to pensioners that payment will be made upon no others. Section 4767, Revised Statutes 85 Regulations and instructions 130 Blindness. Tables of rates 110 Boards of examining surgeons. (See Surgeons.) Bond : Bids or public records, penalty for forging. Section 28, Criminal Code 118 Required upon issue of duplicate check. Act February 23, 1909, amending section 3646 Revised Statutes 86 Bounty. Receipt of, when a bar to pension. Joint resolution, July 1, 1902 (sec. 2), and June 28, 1906 105 Bounty, back pay, extra pay. Applications for, to be made to Auditor for War Department if for Army service 148 Bounty, extra pay, prize money. Application for, to be made to Auditor for Navy Department if for Navy service 148 Bribes and bribery. (See Crimes.) Brothers. (See Dependent relatives.) 158 INDEX. Pace. Bryson's company, mounted volunteers. Members, widows, and minor children entitled to pension. Act March 1, 1869 2G Burial expenses. (See Reimbursement.) C. Centralia, Mo. Widows, minors, and dependent relatives of soldiers mur- dered at. Act March 3, 1875 !"> Certificate : False, by consular officer ; penalty. Section 70, Criminal Code False, by person before whom paper in pension claim is executed; penalty for making. Act July 7, 1898 False, by public officer, etc.; penalty. Section 106, Criminal Code r_'."> Of examining surgeon to contain full description of physical condition of claimant Act July 25, 1882 (sec. 4) 81 Act May 28, 1908 Of superintendent of Government Hospital for the Insane, pensions of inmates to be paid upon. Acts February 20, 1905, and February 2, 1909 9". '" Certificate of discharge : Agents or attorneys not to retain, etc. ; penalty. Act May 21, 1S72__ Loss of, not a bar to pension Act March 9, 1878 (sec. 3) Act January 29, 1887 (sec. 3) Act July 27, 1892 (sec. 3) Lost or destroyed; duplicate, how obtained. Section 2iM, K<>\ Statutes Not evidence. Section 224, Revised Statutes Secretary of the Navy to issue, in certain cases. Acts August 14, 1888 (sec. 4), and May 24, 1900 100, 101 Secretary of War and Secretary of Navy to issue in true name of person serving; restriction. Act August 22, 1912 98 Secretary of War to furnish to members of Missouri Iloni.- duards. Act May 15, 1886 98 Certificate of pension : Forwarded to pension agent for delivery. Section 476S, Revised Statutes "> Retaining unlawfully. Act February 28, 1883, amending section 4745, Revised Statutes 114 Certificate of service. Application for, to be made to Adjutant General, United States Army 148 Certified copies of papers : Act August 24, 1912 10S Regulations and instructions 147 Check: Clerks to sign name of disbursing clerk. Act August 17, 1912 (sec. 5) Duplicate, issue of. Act February 23, 1909 Pension, mailing of, constitutes payment. Act March 2, 1895 91 To be drawn to the order of and mailed to each pensioner. Sec- tion 4765, Revised Statutes 86 Chief clerk : Duties of. Sections 173 and 174, Revised Statutes To administer oath of office without compensation therefor. Act August 29, 1890 5 Citizenship : How established in Indian War claims. Act February 3, 1893___ Proof of, Indian Wars. Act July 27, 1892 Civil service. Bar to payment of pensions in case of pensioners in, removed. Act March 1, 1879 Civil surgeons: Commissioner of Pensions authorized to appoint. Section 4777, Revised Statutes Duties of. Section 4777, Revised Statutes Fee for examinations. Section 4777, Revised Statutes 80 Fees for examinations, how paid. Section 4777, Revised Statutes 80 (See also Surgeons.) INDEX. 159 Civil War. (See War of the Rebellion.) Page. Claims. List of meritorious, to be sent to Congress. Resolution May 29, 1830 95 Clerks: Authorized to sign name of disbursing clerk to checks. Act August 17, 1912 (sec. 5) 84 Detailed as special examiners. Section 4744, Revised Statutes, as amended by act July 25, 1882 _6 Detail of, to congressional committees. Joint resolution February 1, 1884 95 Coast Guard: Establishment of. Act January 28, 1915 21 No pension while on active or retired list. Act January 28, 1915 21, 97 Cohabitation : Adulterous, terminates pension of widow. Act August 7, 1882 44 Continuous, to date of death, when necessary to widow's title. Act March 3, 1899 48 Colored and Indian soldiers: Legitimacy of children, how established. Section 4705, Revised Statutes 48 Marriages, how proven. Section 4705, Revised Statutes 48 Commencement of pension : Anterebellion claims. Section 4713, Revised Statutes 19 Army nurses' claims. Act August 5, 1892 27 Arrears. Acts January 25 and March 3, 1879 41, 42 Claims arising out of wreck of steamer Ashuelot. Act January 29, 1887 51 Claims arising out of wreck of steamer Jeannette. Act January 3, 1887 _ 50 Claims arising out of wreck of steamer Maine. Act March 30, 1898 51 Claims of certain survivors of Mexican and Civil Wars. Acts Feb- ruary 6, 1907, and May 11, 1912 31, 32 For frequent and periodical aid and attendance. Act July 14, 1892 40 For permanent and specific disability. Sections 4697 and 469S, Revised Statutes 34, 35 For total helplessness. Act March 4, 1890 40 Increase, invalid. Section 469S, Revised Statutes 40 Increase on account of minors Section 4703, Revised Statutes 45 Act June 27, 1890 (sec. 3) 46 Act May 9, 1900 46 Act April 19, 1908 47 Increase, widow, etc. Act March 19, 1886 44 Act April 19, 1908 (sec. 1) 47 Indian war claims. Act July 27, 1892 13 In rejected, suspended, or dismissed claims. Act March 6, 1896 31 Mexican War claims. Act January 29, 1887 16 Missouri State Militia. Section 4722, Revised Statutes 22 Special act claims. Section 4720, Revised Statutes 94 To certain beneficiaries of special legislation, to correct military service, enacted during Sixty-first Congress. Joint resolution Feb- ruary 27, 1911 104 To certain widows, whose deceased husbands served in Civil War. Act April 19, 1908 (sec. 2) 47 To dependent relatives. Section 4707, Revised Statutes 49 To minor, where widow abandons same. Section 4706, Revised Stat- utes 48 To remarried widow. Acts March 3, 1901, and February 28, 1903 51, 52 To survivors, widows, minors, and dependent parents, Civil War service. Acts June 27, 1890, and May 9, 1900 29, 30 To widows and minors. Act August 7, 1882, amending section 4702, Revised Statutes 44 War of 1812 claim. Act March 9, 1878 11 Widows' arrears. Act June 7, 1888 45 Commissioner of Pensions. Appointment and duties of. Sections 470 and 471, Revised Statutes 5 160 INDEX. Commissioner, United States: Authorized to administer oaths and take acknowledgments. Section 1778, Revised Statutes 57 Required to have an official seal. Act June 28, 1906 57 Conspiracy. (See Crimes.) Consular officer: Authority in execution of pension papers. Act July 26, 1892 (sec. 2)_ 56 False certification by ; penalty. Section 70, Criminal Code 122 Contracts. With attorneys, null and void. Acts June 27, 1902, and May 30, 1908 14, 15 Contract surgeons. Pensionable status. Section 4693, Revised Statutes- 20 Copies or originals of papers : Bureau records, when furnished and charges for. Act August 24, 1912_ 108 Record of name, etc., to be kept of allowances. Act May 11, 1912. And furnished. Act March 4, 1913 34 Regulations and instructions relative to obtaining 147 Corporations. State or municipal, not entitled to reimbursement for ex- penses of last sickness, etc. Act March 3, 1905 92 Counterfeit obligations. (See Crimes.) Crimes : Bribery of judges, judicial officer, or person authorized to hear; penalty. Section 131, Criminal Code 125 Bribery of United States officer; penalty. Section 39, Criminal Code. 120 Buying, etc., forged securities; penalty. Section 154, Criminal Code_ 126 Conspiracy to commit an offense against or to defraud the United States; penalty. Section 37, Criminal Code 120 Conspiracy to obtain allowance of false or fraudulent claim ; penalty. Section 35, Criminal Cede 120 Conspiracy to prevent officer from performing duties ; penalty. tion 21, Criminal Code 118 Destroying, etc., public records; penalty. Section 128, Criminal Code- 125 Destroying, etc., public records by officer in charge; penalty. Sec- tion 129, Criminal Code 125 Extortion By United States officer. Section 85, Criminal Code 122 By informer. Section 145, Criminal Code 126 Embezzlement by guardian ; penalty. Act February 10, 1891, amend- ing sections 4783 and 5486, Revised Statutes 116 Embezzling public moneys, etc. ; penalty. Section 47, Criminal Code. 121 Failure of officer to render account; penalty. Section 90, Criminal Code 122 Failure or refusal to surrender counterfeit obligations, etc. ; penalty. Section 172, Criminal Code 127 False acknowledgments, etc., by officer; penalty. Section 31, Crimi- nal Code 119 False and fraudulent affidavits, etc., making and presenting ; penalty. Act July 7, 1898 117 False certificates by public officers; penalty. Section 106, Criminal Code 123 False certification by consular officer ; penalty. Section 70, Criminal Code 122 False certification by executing officer ; penalty. Act July 7, 1898 117 False claim ; penalty. Section 35, Criminal Code 120 False demand on fraudulent power of attorney ; penalty. Section 34, Criminal Code 119 False entries in records; penalty. Act March 4, 1911 127 False oath deemed perjury Act March 9, 1878 (sec. 3) 11 Act January 29, 1887 (sec. 3) 16 Act July 27, 1892 (sec. 3) 13 False personation of pensioner, etc. ; penalty. Section 33, Criminal Code 119 False personation of United States officer; penalty. Section 32, Criminal Code 119 False reports by United States officers ; penalty. Act March 4, 1911_ 127 Falsely making, altering, forging, or counterfeiting military bounty- land warrants, etc. Section 73, Criminal Code 122 INDEX. 161 Crimes Continued. Fees, illegal, agents or attorneys taking ; penalty Page. Act July 4, 1884 (sec. 4) 115 Act June 27, 1890 (sec. 4) y 115 Act March 3, 1891 '. 116 Act August 5, 1892 (sec. 2) 116 Act April 19, 1908 (sec. 3) 117 Act May 28, 1908 _117_ Forging bond, public record, affidavit, etc. ; penalty. Section 28, Criminal Code 118 Forging deed, power of attorney, etc. ; penalty. Section 29, Criminal Code , 118 Forging, etc., United States securities; penalty. Section 148, Crimi- nal Code 126 Forging indorsements to pension checks, uttering, etc. Act August 17, 1912 (sec. 4) 128 Having forged papers, etc., in possession ; penalty. Section 30, Crimi- nal Code 119 Juror or person authorized to hear, etc., accepting bribe; penalty. Section 133, Criminal Code 126 Member of Congress accepting, etc., bribe; penalty. Section 110, Criminal Code 123 Member of Congress, offering bribes to ; penalty. Section 111, Crimi- nal Code 124 Member of Congress, offering consideration to, for procuring, etc., officers, etc. ; penalty. Section 112, Criminal Code 124 Member of Congress taking compensation in matters to which the United States is a party ; penalty. Section 113, Criminal Code 124 Member of Congress taking consideration for procuring, etc., officers, etc.; penalty. Section 112, Criminal Code v 124 Officer interested as agent or attorney in claim against the United States ; penalty. Section 109, Criminal Code 123 Passing, etc., forged, etc., obligations of the United States; penalty. Section 151, Criminal Code 126 Perjury; penalty. Section 125, Criminal Code 125 Pledging pension certificate ; penalty. Act February 28, 1883, amend- ing section 4745, Revised Statutes 114 Postdating vouchers. Act July 7, 1898 117 Receipting for larger sums than are paid; penalty. Section 86, Criminal Code 122 Receiving, etc., stolen public property ; penalty. Section 48, Criminal Code 121 Receiving pension certificate as a pledge. Act February 28, 1883, amending section 4745, Revised Statutes 114 Retaining discharge papers, etc., of discharged soldier or sailor by attorney ; penalty. Act May 21, 1872 114 Retaining pension certificates, etc. ; penalty. Act February 28, 1883, amending section 4745, Revised Statutes 114 Robbery of personal property of the United States; penalty. Sec- tion 46, Criminal Code 121 Subornation of pejury ; penalty. Section 126, Criminal Code__ 125 United States officer accepting bribe ; penalty. Section 117, Criminal Code 126 United States officer taking compensation in matters to which the United States is a party ; penalty. Section 113, Criminal Code 124 Unlawfully taking or using papers in claim ; penalty. Section 40, Criminal Code 121 Unlawful purchase of public property ; penalty. Section 35, Criminal Code 120 Uttering, publishing, etc., forged bond, affidavit, etc.; penalty. Sec- tion 28, Criminal Code 118 Witness accepting bribe ; penalty. Section 134, Criminal Code 126 D. Date of commencement. (See Commencement of pension.) Dates. Payment to pensioners. Act August 17, 1912 (sec. 2 )__......._ 83 162 INDEX. Page. Deafness. Rate for. Section 4698, Revised Statutes, and acts August 'JT. 1888, and January 15, 1903 35,39,40 Death : Of pensioned inmates of Government Hospital for the Insane, pen- sion money due, how disposed of. Act February 2, 1909 91 Of pensioned inmate of the National Home for Disabled Volunteer Soldiers, pension, how disposed of. Acts February 20, 1881, August 7, 1882 89 Of pensioned Inmate of Soldiers' Home, Washington, D. C., pension money due, how disbursed. Act March 3, 1883 88 Presumed from seven years' unexplained absence. Act March 13, 1896 53 Declarations : Certain informalities corrected. Act July 26, 1892 (sec. 3) 57 How executed. Act July 26, 1892 56 In foreign countries, how executed. Act July 20, 1892 (sec. 2) 56 In Indian claims may be made before a United States Indian atreut. Act July 26, 1892 (sec. 2) 56 Regulations and instructions relative to 130, 146 Department of the Interior. Creation of. Section 437, Revised Statutes- Department of the West, or the Missouri. Officers and men, ontithnl to pension, when. Act March 25, 1862 (sec. 2) Departments, executive. Persons formerly in, not to prosecute Haini< until two years after separation from service. Section l ( .>o. Rev: Statutes "7 Dependence : Assumption of, in claims of dependent relati lion 47i7. vised Statutes, and act June 27, 1890 (sec. 1) 49,50 Basis of title- Section 4707, Revised Statutes 49 Act January 29, 1887 16 Acts June 27, 1890 (sec. 3), and May 9, 1900 40 Cessation of, terminates pension in dependent parent's claim.. no How established, in claims of dependent parents. A-t June L'7. (sec. 1). (See also Means of support) 50 Dependent relatives: Assumption of dependence, when. Section 4707, Revised Siai and act June 27, 1890 (sec. 1) 49,50 Commencement and continuance of pension to. Section 4707, K ^ Statutes, and act June 27, 1890 (sec. 1) _" 49,50 Dependence, how established. Section 4707, Revised Statutes, and act June 27, 1890 (sec. 1) 49,50 Father's income to be considered in determining title, when. Section 4707, Revised Statutes 49 Increase of rate if less than $12 per month. Act March 19, 1886___ 44 Marriage of dependent mother or sister terminates pension. Section 4708, Revised Statutes, as amended by act February 28, 1903 51-53 Of men lost in wreck of Ashuelot, 12 months' pay to be deducted from pensions. Act January 29, 1887 (sec. 2) 51 Of officers and men lost in wreck of Jeannette, 12 months' pay al- lowed dependent relatives, to be deducted from pensions of. Act January 3, 1887 (sec. 3) 50 Pension allowed only during dependence. Section 4707, Revised Stat- utes 49 Regulations and instructions relative to claims of 141-143 Succession of title of. Section 4707, Revised Statutes 49 Deputy Commissioner of Pensions. Appointment and duties of. Section 472, Revised Statutes 5 Deputy provost marshal. Pensionable status. Section 4693, Revised Statutes 20 Desertion : Certain appointed and enlisted men in the Navy or Marine Corps relieved from the charge of; conditions. Acts August 14, 1888, and May 24, 1900 99-101 INDEX. 163 Desertion Continued. Page. Certain soldiers and sailors not to be deemed deserters. Section 4749, Revised Statutes 99 Charge of, removed from the records of certain Mexican War sol- diers; exceptions. Act March 2, 1889 (sees. 6 and 7) 101, 102 Charge of, removed from the records of certain volunteer soldiers. Act March 2, 1889_ 1 101 In time of war, forfeits pension. Act April 26, 1898 (sec. 6) and act May 11, 1908 104 Limitation as to time of filing claim for removal of charge of, re- moved. Act May 24, 1900 (sec. 2) 101 Desertion (marital). USee Division of Pension.) Detail : Of clerks to pension committees, House of Representatives. Joint resolution February 1, 1884 95 Of clerks to act as special examiners. Section 4744, Revised Statutes, as amended by act July 25, 1882 6 Disabilities : Aggregate of, rated in claims. Act May 9, 1900 (sec. 2) 30 Examining surgeons to describe fully in reports. Act May 28, 1908 82 Rates for different. Tables of rates 108-113 Disability : Ages made specific. Act April 24, 1906, and act March 4, 1907 32 By reason of age, pensionable Act January 29, 1887 (sec. 1) 16 Act February 6, 1907 (sec. 1), and act May 11, 1912 18,31,32 Cessation of, terminates pension Section 4692, Revised Statutes 20 Act January 29, 1887 (sec. 2) 16 Act June 27, 1890 (sec. 2) 29 Act May 9, 1900 30 Contracted in service and line of duty, title to pension for. Section 4693, Revised Statutes 20 Contracted since July 27, 1868, when pensionable. Section 4694, Re- vised Statutes 27 Contracted while in Confederate service, not pensionable. Act Jan- uary 29, 18S7 (sec. 1) 16 In prosecuting pension claims, removed in certain cases. Act March 2, 1889 (sec. 4) 102 Manual labor, unable to perform or unfit for. Act May 11, 1912___ 33 Disbandment. Of organization, date of termination of service. Section 4701, Revised Statutes 105 Disbarment. Of agents and attorneys. Act July 4, 1884 (sec. 5) 61 Disbursing clerk : Bond of. Act August 17, 1912 (sec. 5) 84 Clerks to sign name of, to checks. Act August 17, 1912 (sec. 5) 84 Deputy, to act as chief clerk. Act March 4, 1913 83 For payment of pensions, created. Act August 17, 1912 83 Discharge certificate. ( See Certificate of discharge. ) Discharge, honorable. (See Honorable discharge.) Disloyalty. (See Loyalty.) Division of pension : Payments made to wife, children, etc., when. Act March 3, 1899 87 Regulations and instructions relative to claims for 71 Divorce. From second husband of remarried widow, effect of, on widow's title. Acts March 3, 1901, and February 28, 1903 51, 53 Double pension: Aviation, Navy, and Marine Corps, Injuries or death incurred in. Act March 3, 1915 24 No person shall receive more than one pension for the same period. Section 4715, Revised Statutes 94 Dropping name from pension roll : By reason of adulterous cohabitation. Act August 7, 1882 (sec. 2) 44 By reason of dependence ceasing Section 4707, Revised Statutes 49 Act June 27, 1890 (sec. 1) 50 164 INDEX. Dropping name from pension roll Continued. By reason of disability ceasing Page. Section 4692, Revised Statutes 20 Act June 27, 1890 (sec. 2), and act May 9, 1900 29,30 By reason of election to take pension under some other law. Section 4715, Revised Statutes >4 By reason of failure to claim pension. Section 4719, Revised Stai '>'- By reason of forfeiture to minor by immoral conduct. Section 4706, Revised Statutes 48 By reason of fraud in securing pension Act March 9, 1878 (sec. 3) 11 Act January 29, 1887 (sec. 3) Act July 27, 1892 (sec. 3) 1.'. By reason of marriage of pensioner Section 1656, Revised Statutes 9 Section 4702, Revised Statutes, as amended by act August 7, 1882_ 44 Section 4708, Revised Statutes Section 4726, Revised Statutes 9 Section 4729, Revised Statutes 9 Act March 9, 1878 (sec. 2) 11 Act June 27, 1890 (sec. 3) Act May 9, 1900 46 Act April 19, 1908 (sec. 2) 47 By reason of minority ceasing Section 4766, Revised Statutes 86, 87 Act August 7, 1882 (sec. 1) amending station 4702, Ue Statutes 44 Acts June 27, 1890 (sec. 3), and May 9, 1900 46 By reason of reentry into military or naval service. Section 4724, Revised Statutes i>7 Notice required before final action. Act December 21, 1893 Of minor or helpless child, when remarried widow is granted a re- newal of pension, when. Acts March 3, 1901, and February 28, HXtt 51- r.:: Procedure where pension by special act is secured through fraud. Section 4720, Revised Statutes Widow's name to be, upon proof soldier living. Act March 13, 1896__ Duplicate checks. Secretary of the Treasury may authorize issue of, when. Act February 23, 1909, amending section 3646, Revised Statutes . E. Election : Rights of Acts June 27, 1890 (sec. 2), May 9, 1900, February 6, 1907, and May 11, 1912 30-32 Acts March 3, 1901, and February 28, 1903 Section 4715, Revised Statutes 94 Embezzlement : By guardian, of pension money. Act February 10, 1891 116 Evidence of conversion, what constitutes. Section 95, Criminal Code 123 Failure of officer to render accounts, constitutes. Section 90, Crimi- nal Code 122 Of property of the United States. Section 47, Criminal Code 121 Prima facie evidence of. Section 94, Criminal Code 122 Receipting for larger sums than paid, constitutes. Section 86, Criminal Code 122 Employees. Authority for appointment. Section 169, Revised Statutes- _ 5 Engineer (not regularly mustered). Serving on gunboat or war vessel, entitled for disability. Section 4693, Revised Statutes 20 Enlistment. (See Muster and remuster.) Enrolling officer. Pensionable status of. Section 4693, Revised Statutes 20 Evidence : Certificate of discharge not. Section 224, Revised Statutes 98 Copies, how obtained 147 Execution of papers. Act July 26, 1892 56 Execution of papers before attorney of record, effect of 146 Of citizenship in Indian war claims. Act February 3, 1893 15 Of conversion, what constitutes. Section 95, Criminal Code 123 INDEX. 165 Evidence Continued. Pa s e - Of embezzlement, what constitutes. Section 94, Criminal Code 122 Of marriage and of birth 138, 139 Of record of pay to show enlistment or muster in certain Indian war claims. Acts June 27, 1902, and May 30, 1908 13,14 Of service and discharge, Mexican War service claims. Act January 29, 1887 (sec. 3.) 16 Testimony of witnesses. Regulations and instructions relative to 146 Examining surgeons. (See Surgeons.) Executive department : Chief clerks of, to administer oaths of office without compensation therefor. Act August 29, 1890 5 Clerks, etc., not to be transferred until after three years' service. Act June 22, 1906 5 Contributions, presents, etc., to superiors, prohibited. Section 1784, Revised Statutes 5 Detail to, of civil employees from outside District of Columbia restricted. Act June 22, 1906 5 Head of, may apply to United States court for subpoena for witness. Section 184, Revised Statutes i___ 7 Head of, to employ such number of clerks, etc., at such rates of com- pensation as may be authorized by Congress. Section 169, Revised Statutes. 5 Head of, to report annually expenses of officers and employees at Washington who have traveled outside of District of Columbia during the year. -Act May 22, 1908 5 Notaries public employed therein to administer oaths of office free of charge. Act August 29, 1890 6 Expert. Commissioner of Pensions authorized to employ, and fee. Act July 25, 1882 (sec. 4) 81 Extortion. (See Crimes.) Eyes. Rates for loss of both, and for total blindness. Tables of rates 110 F. Failure to claim. Name to be dropped after three years. Section 4719, Revised Statutes 92 False acknowledgment. (See Crimes.) False and fraudulent affidavits. (See Crimes.) False .certificate. (See Crimes.) False claim. (See Crimes.) False demand. (See Crimes.) False impersonation. (See Crimes.) False oath. (See Crimes.) False personation. (See Crimes.) Fathers. (See Dependent relatives.) Fee: Allowed fourth-class postmaster for administering oaths In execution of pension vouchers. Act August 23, 1894 : 85 Allowed rural-delivery carriers for administering oaths in execution of pension vouchers. Act June 25, 1910 (sec. 2) 85 Amount to be paid as, in absence of articles of agreement. Act July 4, 1884 (sec. 4) 59-61 Attorney- Allowed Act July 4, 1884 (sees. 3 and 4) 59-61 Act June 27, 1890 (sec. 4) 115 Act March 3, 1891 116 Act April 19, 1908 (sec. 3) 117 Act May 11, 1912 (sec. 3) 34 None allowed, when Act January 25, 1879 (sec. 4) 42 Act July 4, 1884 (sec. 4) 60 Act March 19, 1886 (sec. 2) 45 Act August 15, 1892 (sec. 2) 116 Acts March 3, 1901 (sec. 2), and February 28, 1903 (sec. 3)_ 52, 53 Act February 6, 1907 (sec. 3) 32 166 INDEX. Fee Continued. Attorney Continued. None allowed, when Continued. Page. Act April 19, 1908 (sec. 1) 117 Act May 28, 1908 117 Act May 11, 1912 (sec. 3) 34 Board of examining surgeons, none paid member not participating. Act July 25, 1882 (sec. 4) 81 Of examining surgeon Expert. Act July 25, 1882 (sec. 4) 81 For examination at claimant's residence, when out of cor- porate limits. Increased. Act May 28, 1908 Of surgeon, for examination. Act July 25, 1882 (sec. 4) For examination in a foreign country. Act July 25, 1882 (sec. 4) si Of witnesses before special examiner. Section 185, Revised Statut. < 7 Fee contracts. Made prior to passage of act null and void. Acts June i!T 1902, and May 30, 1908 1:5. 14 Fee, illegal. (See Crimes.) Fees. Table of 1". 71 Feet. Rates for loss of. Tables of rates no Felonies and misdemeanors. Distinguished. Section .",.">.". Criminal Code. 1-7 Felony. Misprison of, denned. Section 140, Criminal C Foreign claims. Execution of declarations, etc. Act July 26, 1892 Foreigners (see Foreign residents and nonresident). .\<>t entitled to pension, certain Indian war claims. Act July 27, 1 *'._ <. l)__ 1:5 Foreign medical examinations. Surgeons, fee for. .\<-\ Julv _'.">, 1882 (sec. 4) 81 Foreign residents: Payment of pension to. Act March 2, 1895 88 Payment of pension to, not made on power of attorney. Act March 14, 1898 . (See also Foreigners and nonresidents.)' Forfeitures of pension : Abandonment of minor child or children by widow works. Section 4706, Revised Statutes 4^ Adulterous cohabitation by widow works. Act Augn (sec. 2)_ 44 Forged obligations. (See Crimes.) Forged papers. (See Crimes.) Forging. (See Crimes.) Form: Blank, for declaration, etc., to be furnished by Commissioner of Pen- sions. Section 4748, Revised Statutes Blank, for voucher. Secretary of Interior to cause suitable, to be printed and distributed. Section 47(17, Revised Statutes Of fee contract r,s Fourth-class postmasters. Authorized to administer oaths in execution of pension vouchers. Act August 23, is'.H ^.", Franked envelopes. For return of pension vouchers, Secretary of the In- terior to furnish free. Act March 4, 190<)__^ v Fraud. Upon evidence of, in obtaining special act. Commissioner of Pen- sions to suspend pension. Section 4720, Revised Statutes 94 Funeral expenses. Payment of, when made out of accrued pension, r. lations and instructions relative to claims for 145 Furlough, sick or veteran. Disability incurred while on, line of duty. Sec- tion 4700 as G. General law. This term is often used to signify the act of July 14, 1862, or other legislation granting pension on account of disability or death due to service, the chief features of which are now embodied in sec- tions 4692, 4693, and 4702. Revised Statutes 20,44 Good moral character. Question of, to be determined by Commissioner of Pensions. Act March 3, 1899 87 Government Hospital for Insane: Claim for share of pension of inmate of. Regulations and instruc- tions relative to 144 INDEX. 167 Government Hospital for Insane Continued. Page. Disposition of pension on death of inmates. Acts February 20, 1905, and February 2, 1909 90,91 Disposition of accumulated pension on transfer of inmate to National Home, Disabled Volunteer Soldiers. Acts February 20, 1905, and February 2, 1909 90, 91 Pensions of inmates, how disbursed. Acts February 20, 1905, and February 2, 1909 ._ 90,i)l Who entitled to admission to. Act February 20, 1905 90 Government officers or employees: Making false entries or false reports ; penalty. Act March 4, 1911 127 Not to prosecute claims against the United States. Section 109, Criminal Code 123 Not to take compensation in cases where United States is a party. Section 113, Criminal Code 124 When notaries public not to charge for certain work clone. Act August 29, 1890 6 (See also Officers.) Gray's Battalion. (See War with Mexico.) Guardian : Embezzlement of pension money by. Act February 10, 1891 116 Not to be deprived of increase of pension on account of minor chil- dren by reason of their maintenance by State or in a public insti- tution. Section 4703, Revised Statutes 45 Of dependent children, pension may be paid to, when father is insane or imprisoned. Act August 8, 1882, amending section 4766, Re- vised Statutes 86 Of minor children, one-half pension payable to, when. Act March 3, 1899 87 Of orphan child, to receive only share of joint pension to which ward entitled. Section 4707, Revised Statutes 49 Pension of person under legal disabilities may be paid to. Act August 8, 1882, amending section 4766, Revised Statutes 86 Gunboat or war vessel. Persons serving on, not regularly mustered, status of. Section 4693, Revised Statutes i 20 H. Half of soldier's pension. (See Division of Pension.) Half -pay pensions 9 Hands. Loss of. Tables of rates 110 Hawkins-Taylor Commission. Secretary of War to furnish certificates of discharge to members of Missouri Home Guards, whose claims were adjudicated by. Act May 15, 1886 98 Headstones. Applications for 148 Heirs : Pension due deceased inmates of the Government Hospital for the Insane, payable to, when. Acts February 20, 1905, and February 2, 1909 90, 91 Pension due deceased inmates of the Soldiers' Home, Washington, D. C., payable to. Act March 3, 1883 88 Helpless children: Pensionable status of. Acts June 27, 1890, (sec. 3) and May 9, 1900 46 Rate increased to $12 per month. Act April 19, 1808 (sec. 1) 47 Regulations and instructions relative to claims of 141 Termination of pension on restoration of widow. Acts March 3, 1901, and February 28, 1903 51-53 Helplessness. (See Tables of rates) 110 Homes for disabled soldiers and sailors. (See National Home for Dis- abled Volunteer Soldiers.) Honorable discharge: Benefits of section 2, joint resolution July 1, 1902, extended to officers. Joint resolution June 28, 1906 105 70942 17 12 168 INDEX. Honorable discharge Continued. Bounty-land warrant, grant of, to person for service in War of 1812, prima facie evidence of fact of service and of. Act Mmvh 9, 1878 (sec. 3) 11 Final, governs, when. Joint resolution July 1, 1902 (sec. 2) 1 Issued in certain cases. Act March 2, 1889 (sec. 8) lo:{ Necessary to title in claims under Section 4730, Revised Statutes 15 Act March 9, 1878 (sec. 1) 11 Act January 29, 1887 (sec. 1) 10 Act June 27, 1890 (sees. 2 and 3) '-".'. i<5 Act March 3, 1891 Act July 27, 1892 (sec. 1) KJ Act February 17, 1897 Act May 9, 1900 Act February 6, 1907 (sec. 1) .".1 Act April 19, 1908 (sec. 2) 47 Act May 11, 1912 (sec. 1) 32 Hospital. (See Government Hospital for Insane, also N ; IV\ Hospital.) I. Identity of pensioner to be shown before payment of pension. Section 4765, Revised Statutes 86 Illegal fee. (See Crimes.) Immoral conduct : Of widow forfeits pension during child's minority. Section 4706, Revised Statutes 48 Open and notorious adulterous cohabitation of widow pensioner for- feits title. Act- August 7, 1882 44 Imprisoned pensioner. Claim of wife or minor child for pension of. Act August 8, 1882 Income : Of father a factor in determining title of mother. Section 4707, Revised Statutes Of widow a factor in determining title. Acts June 27, 1890 (sec. 3), and May 9, 1900 Of widow, claiming renewal as remarried widow. Acts Msin-h :',. 1901 and February 28, 1903 Increase : Act March 2, 1895, rates less than $6 per month 41 Automatic. Act May 11, 1912 (sec. 5), amended by act March 4, 1913 Commencement of, section 4698$, Revised Statutes Indian survivors to $20 per month. Act February 19, 1913 Loss of arm at or above elbow, or leg at or above knee. Acts March 3, 1883, and August 4, 1886 3 Loss of arm at or above elbow, or leg at or above knee, or total dis- ability in same. Act March 2, 1903 Loss of arm at shoulder joint, or leg at hip joint, or inability to use artificial limb. Acts August 4, 1886, and March 2, 1903 Loss of both feet. Act March 2, 1903 39 Loss of both hands. Act February 12, 1889 37 Loss of one hand and one foot, or total disability in same. Act March 2, 1903 39 Loss of one hand or one foot, or total disability in same. Acts March 3, 1883, August 4, 1886, and March 2, 1903 38, 39 Survivors War with Mexico. Acts January 5, 1893, April 23, 1900, and March 3, 1903 17 Survivors War with Mexico, $30 per month. Act May 11, 1912 18, 32 Total blindness. Act April 8, 1904 1_ 37 Total deafness. Acts August 27, 1888, and January 15, 1903 30. 40 Total helplessness. Acts June 18, 1874, and June 16, 1880 Total helplessness, requiring regular aid and attendance. Act March 4, 1890 40 INDEX. 159 Increase Continued. Page. Widows, minors, and dependent relatives, $12 per month. Act March 19, 1886 44 Widows, minors, and helpless children to $12 per month. Act April 19, 1908 (sec. 1) 47 Indian agents : Declarations in Indian claims may be made before. Act July 2G - 1892 (sec. 2) __. 56 Authorized to take acknowledgments, etc. Section 2064, Revised Statutes 57- Indian claims. Marriage and legitimacy, how established. Section 4705 Revised Statutes 4g Indian wars : False oath in claims deemed perjury. Act July 27, 1892 (sec. 3)_. 13 Increase to $20 per month, survivors. Act February 19, 1913 15 Nez Perce Indians. Persons engaged in, and the widows and minor children of such persons, entitled to pension. Act March 3, 38Sl__ 26 Regulations and instructions relative to claims based on service in__ 131 Survivors of, and widows Act July 27, 1892 -.o Act June 27, 1902 Jo Act May 30, 1908 I__~__I 14 Widows and minors of certain officers and men given title Section 4732, Revised Statutes 9 Insane or permanently helpless children. (See Helpless children.) Insane pensioner : Claim of wife or minor child for pension of. Regulations and in- structions relative to -IAK Pension of, may be paid to wife, or guardian of children, wnen~Act August 8, 1882, amending section 4760, Revised Statutes.. 86 (Sec also Government Hospital for Insane.) Insane person. No limitation as to time of filing claims bv Act March 3, 1879 42 Inspection : Of pension agencies and boards of examining surgeons; expenses, how paid. Act August 8, 1882, amending section 4766, Revised Statutes 86 Reports Of examining surgeons, open to. Act July 18, 1S94__ 82 Of special examiners, open to. Act May 28, 1908__ 6 Instructions. (See Regulations and instructions.) Interior Department: Creation of. Section 437. Revised Statutes^ 5 Rules of practice before, in appeal cases ~~ 7$ Invalid pensions : Acts June 27, 1890 (sec. 2); May 9, 1900; February 6, 1907; and May 11, 1912 30 _ 32 Basis of title (general law), sections 4692, 4693 _ 20,21 Regulations and instructions relative to 133 Investigations : Into merits of pension claims authorized. Section 4744, Revised Statutes Q Of attempts to defraud the Government authorized. ~ Sections 4744 and 183, Revised Statutes 6 7 Of irregularity or misconduct of Government officer. Section 383, Revised Statutes 7 J. Jeannette, steamer: Officers and men lost in wreck of, date of decease of. Act Janu- ary 3, 1887 (sec. 2) 59 Twelve months' pay allowed to widows, minors, or dependent parents of officers and men lost in wreck of, to be deducted from pensions of. Act January 3, 1887 (sec. 3) 50 Justice of the peace. When not required by law to have a seal, official character, how certified. Act July 26, 1892 (sec. 1) 5(> INDEX. K - nsion rights of. Act March 3, L. Kansas Colored Volunteers (First). Pension rights of. Act March 3, 1891 _________________________________________________________ Leg. Loss of, rates for. Tables of rates --------------- -- Legal disabilities. Persons laboring under; payment of pension. Act August 8, 1882 ________________________________________________ Legitimacy ^ ^^ ^ ^ wedlock. Section 4704, Revised Statutes 48 Of children of colored and Indian soldiers, how proved. Section 4<05, Levy, attachment or seizure. Pension not liable to. Section 4747, Re- vised Statutes ----------------------------------------------------- imi As to 1 allowance of pension ; one only to same person or persons en- titled jointly, for same period. Section 4715, Revised Statutes As to date of filing claim. Act March 3, 1879 (sec. 2)__ As to date of filing, not applicable to claims of insane persons or minors. Act March 3, 1879 (sec. 2)__ As to date of marriage- Effect on rate of widow's pension. Act March 19. 1. Effect on widow's title Acts June 27, 1890 (sec. 3), and May 9, 1900 Act March 3, 1899 ----------------- Acts March 3, 1901, and February 28, 1903 Act April 19, 1908 (sec. 2) ------- As to disloyalty removed (see Note 1, sec. 4716, Rev. Stat) As to duration of widows' and minors' pensions Act August 7, 1882, amending section 4702, Revised Si a: Acts June 27, 1890 (sec. 3), and May 9, 1900 As toperiod of payment~in claims of dependent relatives. Section 4707 Revised Statutes, and act June 27, 1890 (sec. !)__ As to prosecution of claims by militiamen. Section 4693, Revised Statutes ____________________________________ As to rate," Navy" p'e'ns'ion fund. Sections 4756 and 4757, Revised Statutes __ - _____________________________________________ As to time of filing applications under act August 14, 1888, removed. Act May 24, 1900 (sec. 2) ______________________ As to time of filing applications under the act of March 2, 1889 (sec. 9) _ As to time of filing applications under act of March 2, 1889, extended. As to time of 'filing applications under the act of March 2, 1889, re- newed. Act March 2, 1895 ---------------------------- Bar imposed by act March 3, 1865, against certain remarried widows removed in restoration claims. Act February 28, 1903 (sec. 2)__ Both pension and pay of rank in service not allowable, unless. Sec- tion 4724, Revised Statutes ---------------------- Invalid claims; disabilities incurred since July 27, 1868. Section 4694, Revised Statutes ----------- Removed as to date of filing widows' claims. Act June 7, 1888 Limitations, statute of. (See Statute of limitations.) se of disability or death must originate in, to give pensionable status, when. Section 4693, Revised Statutes- Conditions requisite to give title since July 27, 1868. Section 4 Revised Statutes -------------------------------- Disability incurred while on sick or veteran furlough, etc. Section 4700, Revised Statutes ------------------------------------- Loss of certificate of discharge. (See Certificate of discharge.) Loss of limbs. Rates for. Tables of rates- Lost stolen, or destroyed checks. Duplicates to be issued, when, etc. Act February 23, 1909 --------------------------------------------- INDEX. 171 Loyalty : Page. A requisite to pension. Section 4716, Revised Statutes 95 Requirement of, waived in certain cases Act March 9, 1878 (sees. 5 and 6) ^ 12 Act January 29, 1887 (sec. 5) 17 Act July 27, 1892 (sec. 6) 13 Act August 1, 1892 _96 Act April 18, 1900 96~ Joint resolution July 1, 1902 (sec. 1) 96 Maine, steamer. Commencement of pensions arising out of destruction of. Act March 30, 1898 (sec. 4) 51 Manual labor : Incapacity for. Acts June 27, 1890 (sec. 2), and May 9, 1900 29,30 Total incapacity for. Tables of rates 110 Unable to perform or unfit for. Act May 11, 1912__ 33 Marine Corps : Double pension for injuries or death while engaged in aviation. Act March 3, 1915 24 Officers and men on active or retired list of, not pensionable. Act March 3, 1891 97 Pensionable status of members Section 4693, Revised Statutes 20 Act January 29, 1887 (sec. 1) 16 Acts June 27, 1890 (sec. 2), and May 9, 1900 29,30 Acts February 6, 1907, and May 11, 1912 31,32 Persons in, not to draw both pay and pension, except. Section 4724, Revised Statutes 97 Ten years' service, allowances to members of. Section 4757, Revised Statutes 55 Twenty years' service, allowances to members of. Section 4756, Revised Statutes 54 Marriage : Continuous cohabitation required in certain cases. Act March 3, 1899 48 Date of, effect on Rate in widow's claim. Act March 19, 1886 44 Remarried widow's title. Acts March 3, 1901, and February US, 1903 51-53 Widow's title- Act June 27, 1890 (sec. 3) 46 Act March 3, 1899 48 Act May 9, 1900 46 Act April 19, 1908 (sec. 2) "47 How proved Act August 7, 1882 (sec. 2) 44 Instructions relative to proof of 138 Of widows of colored and Indian soldiers, how proved. Section 4705, Revised Statutes 48 Prior to June 27, 1890, necessary to widow's title to pension under certain acts. Acts June 27, 1890, May 9, 1900, and April 19, 1908__ 46, 47 Terminates pension. In mothers', sisters', and widows' claims. Section 4708, Revised Statutes amended by acts March 3, 1901, and February 28, 1903 51-53 Master : In merchant-marine service, drafted in time of war, pensionable status of. Act May 28, 1896 106 (Not regularly mustered) serving on gunboat, entitled for disability. Section 4693, Revised Statutes 20 Mate. In merchant-marine service, drafted in time of war, pensionable status. Act May 28, 1896 ,. 106 Means of support : A factor in determining dependent parents' title to pension. Section 4707, Revised Statutes, and Act June 27, 1890 (sec. 1) 49, 50 A factor in determining Army nurse's title to pension. Act August 5, 1892 (sec. 1) 27 A factor in determining widow's title to restoration to rolls. Acts March 3, 1901, and February 28, 1903 51-53 172 INDEX. Means of support Continued. Page. A factor in determining widow's title, to pension. Acts June 27, 1890 (sec. 3), and May 9, 1900 i; A factor in determining wife's title to one-half of husband's pension. Act "March 3, 1899 87 Mechanical appliances and artificial limbs. Application for, to be made to Surgeon General, United States Army 1-4* Medical referee. Appointed by Secretary of Interior, and duties of. Sec- tion 4776, Revised Statutes 80 Medical Reserve Corps. Officers of, entitled to pension, when. Act April 23. 1908 (sec. 9) 22 Merchant-Marine Service. Persons serving in, liable to draft in time of war and entitled to pensions for wounds received. Act May 28, 1896 106 Meritorious claims. Not provided for by law, Secretary of the Interior to report to Congress. Resolution May 29, 1830 95 Mexican War. (See War with Mexico.) Military records : Correction of; honorable discharge to issue, whon. Act March 2, 1889 (sec. 8) 103 Of certain soldiers and sailors, certain laws rotating to, modified to permit allowance of pension. Joint resolution February 27, 1011 104 Militia : Act February 6, 1907, extended to include certain im>ml> March 4, 1907 :;j Act May 11, 1912 (sec. 4), to include certain 34 Claims of members of, must have been prosecuted to successful ; prior to July 4, 1874. Paragraph 4, section 4G<>:5. Kr\ is- d Statutes. L'l Missouri, Powell's battalion, Mexican War, pensionable status of sur- vivors, etc. Act March 3, 1891 18 Missouri, State and Provisional, pensionable status of. Section 47JJ. Revised Statutes L'J Missouri, widows, minor children, and dependent relatives of mem- bers of, who were murdered at Central ia, Mo., pensioned. Act March 3, 1875 (sec. 2) 45 Naval, status of officers and men. Act February 16, 1914 23 Of the States, in service of the United States, status of. Act April 22, 1898 (sec. 12) 106 Organized, pensionable status of officers and men. Acts January 1903 (sec. 22 and sees. 4 and 7, as amended by act of May 27, 1908) _ 2'J. I'.". Pensionable status of. Section 4693, Revised Statutes 20 Second Regiment, Third Brigade, Ohio Volunteers, given pay despite irregularity of muster. Act June 8, 1864 n<; Minimum of pension. Granted for disability. Act March 2, 1895 41 Minors : Claim of, for pension of insane or imprisoned invalid pensioner, regu- lations and instructions relative to 145 Commencement of. Section 4702, Revised Statutes 4 I Date of commencement of, on abandonment by widow. Section 4706, Revised Statutes Entitled to, until 16 years of age. Section 4702, Revised Statutes 44 Increase to, when rate is less than $12 per month Act March 19, 1886 44 Act April 19, 1908 (sec. 1) 47 Limitation as to pension, act March 2, 1889, removed whon dis- charged from service by order of court. Act March 2, 1S91 103 Of men lost in wreck of Ashuelot, 12 months' pay to be deducted from pensions of. Act January 29, 1887 (sec. 2) 51 Of officers and men lost in wreck of Jcannctte, 12 months' pay allowed to be deducted from pensions of. Act January 3, 1887 (sec. 3) no Of officers and men who served 90 days in War of Rebellion and were honorably discharged, entitled to pension, when. Acts June 27, 1890, and May 9, 1900 46 Of soldiers and militiamen who were murdered at Centralia, Mo., pensioned. Act March 3, 1875 45 One-half pension payable to guardian of, when. Act March 3, 1899__ 87 Regulations and instructions relative to 140 INDEX. 173 Minors Continued. Page. To equal that of a widow where no widow entitled. Section 4703, Revised Statutes 45 Under different guardians, each to receive only share to which his respective ward entitled. Section 4707, Revised Statutes 49 Misdemeanors and felonies defined. Section 335, Criminal Code 127 Missouri, Department of the. Officers and men entitled to pension, when. Act March 25, 1862 (sec. 2) 25 Missouri Home Guards. Secretary of War to furnish certificates of dis- charge to members of. Act May 15, 1886 98 Missouri Militia : Act June 27, 1890, extended to include. Joint resolution February 15, 1895 31 Act February 6, 1907. extended to include. Act March 4, 1907 32 Act May 11, 1912 (sec. 4), to include 34 Powell's battalion, Mexican War ; pensionable status of members, etc. Act March 3, 1891 18 State and provisional, pensionable status of. Section 4722, Revised Statutes . 22 Widows, minor children, and dependent relatives of members of, who were murdered at Centralia, Mo., pensioned. Act March 3, 1875 (sec. 2) 45 Montana. Pensionable status of certain citizens of, and their widows. Nez Perce Indian War. Act March 3, 1881 26 Moral character. Of wife in claims for division of pension. Act March 3, 1899 87 Mothers. (See Dependent relatives.) Muster. Regular or not, effect on title to pension : Section 4693, Revised Statutes 20 Acts June 27, 1902, and May 30, 1908 13, 14 (See also Remuster.) N. National Home, Disabled Volunteer Soldiers: Pension due inmate at his death, how disposed of. Acts February 26, 1881, August 7, 1882 89 Disposition of accumulated pension on transfer of inmate to Govern- ment Hospital for the Insane. Acts February 20, 1905, and Feb- ruary 2, 1909 90, 91 Insane inmates of, entitled to admission to the Government Hospital for the Insane. Act February 20, 1905 90 Pensions of inmates of, payment to treasurer. Acts February 26, 1881, and August 7, 1882 89 One-half pension of inmates payable to wife, minor children, or permanently helpless and dependent child, when. Act March 3, 1899 87 Naval Home at Philadelphia. Pensions of inmates of, paid to Secretary of the Navy. Act May 4, 1898 89 Navy: Militia, status of officers and men. Act February 16, 1914 23 Reserve, establishment of. Act March 3, 1915 24 Navy Hospital. Pensions of inmates of, paid to Secretary of the Navy. Section 4813, Revised Statutes, and act May 4, 1898 89- Navy or Marine Corps: Certain appointed and enlisted men in, relieved from the charge of desertion ; conditions. Acts August 14, 1888, and May 24, 1900___ 99-101 Double pension for injuries or death while engaged in aviation. Act March 3, 1915 24 Navy pensions. Payable from Navy pension fund. Section 4755, Re- vised Statutes 54 Navy pension fund : Creation of. Section 4751, Revised Statutes 54 Disabled persons serving not less than 10 years may receive aid from. Section 4757, Revised Statutes 55 Half rating to disabled enlisted persons serving 20 years in Navy or Marine Corps, payable from. Section 4756, Revised Statutes 54 174 INDEX. Navy pension fund Continued. How to be invested. Section 4753, Revised Statutes Navy pensions payable from. Section 4755, Revised Statutes Payments out of, to be made upon application to the Sec-retar the Navy. Section 4756, Revised Statutes 54 Prize money accruing to United States to constitute. Section Revised Statutes Secretary of the Navy trustee of. Section 47-">M, Itevisrd statu: 54 Navy service allowances. Regulations and instructions n-la -__ l.">7 Necessitous circumstances. Act March .", ]syo 87 New disability claims. Attorney fee ill : Act July 4, 1884 See also Table of attorney fees 70.71 New York Infantry (Twentieth). Relief of. AH of February 127. 197'. and December 21. 1*93 8 To pensioners that no pensions will be paid except upon \nuchers furnished to pension agents, blanks for vouchers to orniain. . v tion 4767, Revised Statutes 85 Nurses, Army. (See Army nurses.) O. Oath of allegiance: Any person prosecuting claims, required to take. Section 3478, Re- vised Statutes Form of. Section 1757, Revised Statutes >Vh> may administer. Section 3479, Revised Statutes 58 Oath of office: Chief clerk to administer without compensation therefor. Act Aug- ust 29. 3X90 5 To be administered free of charge by notaries public in employ of United States. Act August 29, 1890 6 Oaths : Clerk detailed to investigate attempt at fraud authorized to admin- ister. Section 4744, Revised Statutes False, deemed perjury in Indian war claims. Act July 27, ] (sec. 3) 13 False, deemed perjury in Mexican War claims. Act January 29, 1887 (sec. 3) 16 False, deemed perjury in War of 1812 claims. Act March 9, 1878 (sec. 3) 11 In execution of pension vouchers, fourth-class postmasters authorized to administer. Act August 23, 1894 85 In execution of pension vouchers, rural delivery carriers authorized to administer. Act June 25, 1910 (sec. 2) 85 In execution of pension vouchers, United States officers to administer free of charge. Act March 1, 1889 85 May be taken before any officer authorized to adminster oaths for general purposes. Act July 26, 1892 Or acknowledgments may be taken or made before United States commissioners. Section 1778, Revised Statutes 57 INDEX. 175 Oaths Continued. Special examiners authorized to administer. Acts July 25, 1882, and March 3, 1891 _________________________________________________ 6 Taken before officer not required by law to have an official seal, signa- ture, and official character, how certified. Act July 26, 1892 ( sec. 1 ) _______________________________________________________ 56 Officers : Benefits of section 2, joint resolution July 1, 1902, extended to. Joint resolution June 28, 1906 ________________________________________ 105 Of Army, Navy, Marine Corps, Revenue-Cutter Service, or Coast Guard on active or retired list not pensionable. Acts August 29, 1890, March 3, 1891, May 27, 1908, and January 28, 1915 ---------- 97 (Sec also Government officers or employees and United States officers.) Official character. Of officer not required by law to have a seal, how certi- fied. Act July 26, 1892 (sec. 1) ------------------------------------- 56 Ohio Volunteer Light Artillery, First Regiment (3 months). Military service recognized. Act December 19, 1902 --------------------------- 26 Ohio Volunteer Militia, Second Regiment, Third Brigade. Given pay despite irregularity of muster. Act June 8, 1864 --------------------- 26 One-half pension. (See Division of pension.) Original papers. (See Copies or originals of papers.) Orphan children. Different guardians of, to receive only share of joint pension to which their respective wards are entitled. Section 4707, Revised Statutes ---------------------- ---- 49 Overpayment : Pensions not to be withheld to meet. Section 4734, Revised Statutes- 98 To widow, effect of, on commencement of minor's pension. Act August 7, 1882 ------------------------------------------------ 44 P. Papers. (See Copies or originals of papers.) Pay: Pension and, not allowed unless. Section 4724. Revised Statutes__ 97 Record of. accepted as evidence of service. Acts June 27, 1902, and May 30, 1908 __________________________________________________ 13, 14 Pay (back and extra). With whom claims for, filed ----- Paymasters' clerks, (Army). Status of. Act March 3, 1911 ------------ 106 Payment : Checks lost or stolen, issue of duplicates. Act February 23, 1909 ---- Dates of. Act August 17, 1912 ----------------------------------- 83 Fractional parts of quarter, authorized upon transfer to different groups. Act August 17, 1912 ------------------------------- 83 Identity of pensioner to be shown before making. Section 4765, Revised Statutes ________________________________ 86 In accrued claims, to whom made. Act March 2, 1895__ In claims for one-half pension, how made. Act March 3, 1899 ------ In claims for one-half pension. Regulations relative to -------- 71 Mailing of check by pension agent constitutes. Act March 2, 1895 91 Not made on power of attorney in claims of nonresidents. Act March 14, 1898 ________________________________________ Not to be withheld or suspended without notice. Act December 21, 1893 __________________________________________________________ 9 ~ Of part of pension to wife, child, or parent when allotted by inmate of Soldiers' Home, Washington, D. C. Act March 3, 1883 --------- 88 Of pensions of inmates of the National Home, Disabled Volunteer Soldiers, to be made to the treasurer, upon a proper certificate. Acts February 26, 1881, and August 7, 1882 -------------- 89 Of pensions to nonresidents, provision against repealed. Act March 2, 1895 _________________________________________________ Of pensions to widows, conditions as to date of marriage. Act March 3, 1899 ________________________________________ Out of Navy pension fund to be under direction of Commissioner of Pensions. Section 4756, Revised Statutes ------------------------ Personal, may be made, when. Section 4765, Revised Statutes.. To dependent relatives to be made during period of dependence only. Section 4707, Revised Statutes, and act June 27, 1890 (sec. 1) ----- 49,50 176 INDEX. Payment Continued. To Indian pensioners. Act August 8, 1882, amending section I Revised Statutes 86 To invalid pensioners made during continuance of disability only- Section 4692, Rerised Statutes 20 Acts June 27, 1890 (sec. 2), and May 9, 1900 :.".. :;<) To pensioned inmates, Government Hospital for the Insane, made to superintendent or disbursing officer of. Acts August 7, 1882, February 20, 1905, and February 2, 1909 89-91 To pensioned inmates of Naval Home, Philadelphia, made to Secre- tary of the Navy. Section 4813, Revised Statutes, and act May 4, 1898 89 To pensioned inmates of State or territorial homes to be made directly to pensioners. Act May 28, 1908 To pensioners entitled only, except. Act August 8, 1882, amending section 4766, Revised Statutes To pensioners without vouchers in certain cases. Act August IT, 1912 (sec. 3) 83 To widow on account of minor child by former wife. Sect! Revised Statutes -T> To wife or child of imprisoned or insane pensioner, when made. Act August 8, 1882, amen<: D 17;<;. Revised Statutes Pension : Not allowable while in ith certain exceptions. Section 4T'J4. Revised Statutes 97 Not to be withheld or rodi:- t upon notice and hearing. Act June 21 1879 (sec. 3) 81 Vested right not to be withheld or 1 without notice. Act December 21, 1893 !>7 Pension agencies. Abolishment of. A< 2 83 Pension agents (now disbursing clerk for , :s) : Attorney fees to bo paid by, only upon order of Commissioner of Pensions. Acts June 27, 1890 (sec. 4), and April 19, 1T)8 (f 3) 115, 117 Duty of, upon receipt of articles of agreement. Section 4769. vised Statutes To draw check to the order of and to mail to each pensioner. Section 4765, Revised Statutes 86 To send quarterly vouchers to ear 1 . Re- vised Statutes 84 Pension appeals. Rules of practice in 7<> Pension certificate. Pledging void. etc. Act February L'S. 1S83 111 Pension money. Not liable to attachment, levy, or sei/.ure. Section 4747, Revised Statutes Pensioners : False impersonation of; penalty. Section 33, Criminal Code 110 Name of, stricken from rolls, when Act March 9, 1878 (sec. 3) 11 Act January 29, 1887 (sec. 3) 10 Act July 27, 1892 (sec. 3) 13 Secretary authorized to arrange in three groups for payment. Act August 17, 1912. Section 2 83 Perjury. (See Crimes.) Permanent and specific disabilities. Rates for. Table of rates 110 Permanently helpless and dependent child. One-half pension payable to, when. Act March 3, 1899 87 Personal aid and attendance. Rates for. Table of rates 110 Philippine Scouts. Status of. Act February 2, 1901 4., Pilots : In merchant-marine service drafted in time of war, pensionable status of. Act May 28, 1896 106 Not regularly mustered, serving on gunboats or war vessels, entitled for disability. Section 4693, Revised Statutes 20 Pledging pension certificate. Penalty. Act February 28, 1883, amending section 4745, Revised Statutes 114 Political disabilities. Made a factor in determining title in Mexican War service claims. Act January 29, 1887 (sec. 6) 17 INDEX. 177 Page. Porto Rico Infantry. Provisional Regiment. Status of, act February 2, 1901 43 Postage. Amount permissible to attorneys 71 Postmasters : Fourth-class may administer oaths in execution of pension vouchers. Act August 23, 1894 85 Rural delivery carriers may administer oaths in execution of pension vouchers. Act June 25, 1910 85 Powell's battalion. (See War with Mexico.) Power of attorney : Penalty for forging, or transmitting forged. Section 29, Criminal Code 118 Pensions of foreign residents not to be paid on. Act March 14, 1898_ 88 Presumption : Death from seven years' unexplained absence. Act March 13, 1896 53 Legal termination of pension. Section 4719, Revised Statutes 92 Soundness at enlistment. Act March 3, 1885 43 Principals. Defined. Section 332, Criminal Code 127 Printed instructions. In pension claims, furnished free of charge. Sec- tion 4748, Revised Statutes 56 Prior soundness. Presumption of. Act March 3, 1885 43 Privateer pension fund : How derived. Section 4759, Revised Statutes 54 Secretary of the Navy to be trustee of. Section 4758, Revised Statutes- 54 To be paid into Treasury. Section 4760, Revised Statutes 54 Privateers : Commanding officer of, to enter in journal name and rank of wounded or disabled officer or seaman. Section 4762, Revised Statutes 54 Transcript of journal to be transmitted to the Secretary of the Navy. Section 4763, Revised Statutes 54 Privateersrnen. Wounded or disabled, Secretary of the Interior required to place on pension list ; rates. Section 4761, Revised Statutes 55 Prize money. Accruing to United States, to remain a fund for pensions. Section 4752, Revised Statutes 54 Professional assistance. To be furnished by Attorney General, etc. Sec- tion 187, Revised Statutes 7 Prohibition. Against persons formerly in departments prosecuting claims in them for two years after separation from service. Section 190, Revised Statutes 57 Provisional Missouri Militia. (See Missouri Militia.) Provost marshal and deputy provost marshal. Pensionable status of. Section 4693, Revised Statutes 20 Q. Qualified surgeons. (See Surgeons.) R. Rank: Determined by date of commission or appointment, when. Section 4696, Revised Statutes 29 Held at time of contracting disability governs rate of pension, when. Sections 4695 and 4696, Revised Statutes 28, 29 How determined in case of remuster. Act February 24, 1897 106 Not considered in determining rate under acts June 27, 1890 ; May 9, 1900 ; February 6, 1907, and May 11, 1912 29-33 Rate: According to rank at date of incurrence of disability. Section 4696, Revised Statutes 29 Arrears of pension. Acts January 25, 1879, and March 3, 1879 41, 42 $18, division of, for degrees of disability less than total. Section 4699, Revised Statutes 41 Equalization of. Act June 6, 1874 94 For amputation of leg at hip joint. Act March 3, 1879 38 For Army nurses, Rebellion service. Act August 5, 1892 (sec. 1.) . 27 !78 INDEX. Rate Continued. Pa e e - For dependent relatives. Section 4707, Revised Statutes, and act June 27, 1890 (sec. 1) *!>. "><> For Indian wars, survivors increase. Act February 19, "T.H3 . For Indian war survivors or widows. Acts July 27, 1SOJ ; June -7. 1902, and May 30, 1908 For loss of arm at or above elbow; or leg at or alo\e kiue. Act June 18, 1874 For loss of arm at shoulder joint and loss of leg at hip, equal Act March 3, 1885 For loss of both hands or both feet, or sight of both eyes. A<-t 17, 1878 For loss of one hand and one foot. Act February 28, 1877 For loss of sight of both eyes. (Act June 17, 1878, construed.) March 3, 1879 For Mexican War survivors or widows. Act January 29, 1887__ For nonspecific disabilities, fixed by office rulings. Table of r; No. 3 111 For permanent specific disabilities, subsequent to .July 4, 1SG4, and prior to June 4, 1872. Section 4007, Revised Statutes 34 For permanent specific disabilities subsequent to June 4, 187H. tion 4698, Revised Statutes For permanent specific disabilities. Table of rates, No. J lio For remarried widows, on restoration to the rolls. A ; Man 1901, and February 28, 1903 For service pensions, etc. Table of rates, No. 4 For simple total disability. Table of rates. No. i IDS For total disability. Section 4695, 1: i> For total disability, certain naval oflicers entitle,! a'-conlinu' to rela- tive rank. Arts March 3, 1877, and June > For total disability, requiring frequent and periodical aid: intermedi- ate p-ado. Act July 14, 1892 I" For total incapacity for manual labor. Act March :\, iss:, For widows and minors Increase in Act March 19, 18S6 I I Act April 19, 1908 (sec. 1) 47 Two dollars per month additional Tor each child under 1C. > of age. Section 4703, Revised Statutes l.~> Acts June 27, 1890 (sec. 3), and May 9, 1900 In case of remuster. Act February LM, 1S97 !<)<; In claims allowed by special act. Section 4720, Revised Statutes _ !>4 Increase Act March 2, 1895, rates less than $6 per month 41 Automatic. Act May 11, 1912 (sec. 5), amended by act March 4, 1913 34 Commencement of, section 4698$, Revised Statutes 40 Indian survivors to $20 per month. Act February 19, 1913 15 Loss of arm at or above elbow, or leg at or above knee. Acts March 3, 1883, and August 4, 1886 38, 39 Loss of arm at or above elbow, or leg at or above knee, or total disability in same. Act March 2, 1903 39 Loss of arm at shoulder joint or leg at hip joint, or inability to use artificial limb. Acts August 4, 1886, and March 2, 1903 39 Loss of both feet. Act March 2, 1903 39 Loss of both hands. Act February 12, 1889 37 Loss of one hand and one foot, or total disability in same. Act March 2, 1903 39 Loss of one hand or one foot, or total disability in same. Acts March 3, 1883, August 4, 1886, and March 2, 1903 38. 39 Total blindness. Act April 8, 1904 37 Total deafness. Acts August 27, 1888, and January 15, 1903 39, 40 Total helplessness. Acts June 18, 1874, and June 16, 1880 36 Total helplessness, requiring regular aid and attendance. Act March 4, 1890 40 War with Mexico, survivors. Acts January 5, 1893, April 23, 1900, and March 3, 1903 17 INDEX. 179 Rate Continued. Increase Continued. Page. War with Mexico, survivors $30 per month. Act May 11, 1912__ 18, 32 Widows, minors, and dependent relatives, $12 per month. Act March 19, 1886 44 Widows, minors, and helpless children, to $12 per month. Act April 19, 1908 (sec. 1) 47 Minimum of $6 established in invalid claims based on disability. Act March 2, 1895 41 Minimum of $12 to widows, minors under 16 years, and helpless minors. Act April 19, 1908 (sec. 1) 47 Of service allowances, Navy pension fund. Sections 4756, 4757, Re- vised Statutes 54, 55 Of widow's pension not affected by additional to widow or guardian, under special act, because of helpless child. Act March 4, 1909 95 Original restored in certain claims. Act June 9, 1880 19 Rank not considered in determining Act June 27, 1890 (sec. 2) 29 Act May 9, 1900 30 Act February 6, 1907 (sec. 2) 32 Act April 19, 1908 (sec. 2) 47 Act May 11, 1912 (sec. 2) 33 Rights accruing since March 4, 1861, extended to those whose rights accrued prior to that date. Section 4712, Revised Statutes 18 To widows and minors, same as that to which soldier or sailor en- titled for total disability. Section 4702, Revised Statutes 44 Rating. To be specifically stated in report of examining surgeons. Act May 28, 1908 82 Record. Name, etc., to be kept of allowances under Act May 11, 1912, and copies furnished. Act March 4, 1913 34 Records : Copies, bureau when furnished, and fees for. Act August 24, 1912 108 Making false entries in ; penalty. Act March 4, 1911 127 Public, penalty for forging. Section 28, Criminal Code 118 Reduction of pension: Act June 21, 1879 81 Act December 21, 1893 97 Regulations and instructions: As to accrued and reimbursement claims 145 As to appeals 76 As to applications for artificial limbs or medical appliances 148 As to applications for back pay, extra pay, bounty, or prize money 148 As to applications for certificate of service hi lieu of lost discharge 147 As to attorneys 63 As to claims for payment of pension to wives of insane pensioners, or to wives of pensioners undergoing imprisonment 145 As to claims for renewal and restoration 143 As to claims for share of pension of inmates of the Government Hos- pital for the Insane 144 As to copies of originals of papers 147 As to declarations and evidence 130 As to division of pension. Act March 3, 1899 71 As to evidence required in invalid claims 134 As to Navy service allowances 137 As to pensions to Army nurses 143 As to pensions to dependent relatives 141 As to pensions to helpless children 141 As to pensions to invalids since March 4, 1861 133 As to pensions to minors since March 4, 1861 140 As to pensions to survivors of wars prior to March 4, 1861, and their widows 131 As to pensions to widows since March 4, 1861 137 As to witnesses and testimony 146 Reimbursement : Claims for, under jurisdiction of Commissioner of Pensions. Act March 4, 1909 92 Not paid to State, county, or municipal corporations. Act March 3, 1905 92 180 INDEX. Reimbursement Continued. Page. Of expenses of last sickness and burial, when and to whom made. Act March 2, 1895 91 Regulations relative to claims for 145 Rejected, suspended, or dismissed claims, under Act June 27, 1890. Com- mencement in. Act March 6, 1896 31 Remarriage : Bar to pension imposed by Act March 3. 1865, against certain widows removed. Act February 28, 1903 (sec. 2) 63 Death or divorce of second husband, effect on widow's title to resto- ration Act March 3, 1901 51 Act February 28, 1903 53 Of widow; title of minors; Mexican War claims. Section 4731, Re- vised Statutes 15 Of widow, dependent mother or sister not a bar to pension. t. date of. Section 4708, Revised Statutes amended, acts March : 1) and February 28, 1903 (sec. 1) 51-53 Of widow terminates pension Section 4702, Revised Statutes 44 Act March 9, 1878 (sec. 2) 11 Removal, charge of desertion. (See Application ; a/.so Desertion.) Remuster. Rate of pension in case of. Act February 24, 18U7 Renewal and restoration : After dropping account failure to claim. Section 4719, Re Statutes -. Claim for, regulations relative to Of widow on renewed widowhood. Acts March 3, 1901, and ruary 28, 1903 6 Reports : False, penalty for making. Act March 4, 1911 VJ7 Of examining surgeons t<> he open to inspection. Act July 1 82 Of special examiners to be open to inspection and copy. Act May 28, 1908 6 Resident. (See Citizenship; also Foreigners, forei-n residents, and non- resident. ) Restoration : Attorney fees in claims for. Act July 4, 1884 (sec. 4) 60 (See also Table of attorney fees.) Of pensionable rights upon removal of charge of desertion. Act March 2, 1889 (sec. 8) 103 Of pension to persons whose claims accrued prior to March 4, 18G1 Act March 9, 1878 (sec. 5) 12 Act June 9, 1880 19 Regulations and instructions as to claims for 14,'i Right to, extended to widows on renewed widowhood where barred under act March 3, 1865, by reason of remarriage. Act February 28, 1903 (sec. 2) 53 To duty following desertion, effect on pensionable status. Act March 2, 1889 (sec. 4) 102 To pension roll. Section 4719, Revised Statutes 92 To rolls, means of support a factor in determining widow's title to. Acts March 3, 1901 (sec. 1), and February 28, 1903 (sec. 1) 51-53 To rolls, on renewed widowhood, conditions of. Acts March 3, 1901 (sec, 1), and February 28, 1903 (sec. 1) 51-53 To rolls, widow not entitled to, where pension has accrued to minor or helpless child, unless. Acts March 3, 1901 (sec 1), and Febru- ary 28, 1903 (sec. 1) 51-53 Retention of discharge papers, etc. Agent or attorney; penalty. Act May 21, 1872 114 Retired list. Persons on, not entitled to pension. Acts August 29, 1890, March 3, 1891, May 27, 1908, and January 28, 1915 97 Revenue cutters : Officers and seamen of, entitled to pension, when. Section 4741, Revised Statutes 21 To cooperate with Navy, when. Section 2757, Revised Statutes . 21 INDEX. 181 Page. Revenue-Cutter Service. Pensions not allowed to persons in. Act May 27, 1908 1 97 Revised Statutes, sections of. (See Table of contents.) Revolutionary War. (See War of Revolution.) Rules and regulations: Governing attorneys before the Bureau of Pensions 63 In pension and bounty-land appeals 76 Secretary of the Interior may prescribe, governing the recognition of attorneys. Act July 4, 1884 (sec. 5) 61 (See also Regulations and instructions.) Rural-delivery carriers. Authorized to administer oaths in execution of pension vouchers. Act June 25, 1910 (sec. 2) 85 S. Sailors or other persons (not regularly mustered). Serving on gunboat or war vessel, entitled for disability. Section 4693, Revised Statutes.. 20 St. Elizabeth's. (See Government Hospital for Insane.) Seamen : Of Navy, disabled prior to March 4, 1861, title to pension. Section 4728, Revised Statutes 9 Of revenue cutters, disabled while cooperating with Navy, title to pension. Section 4741, Revised Statutes 21 Secretary of the Navy : Applications for 20 and 10 years' service allowances to be filed with. Sections 4756 and 4757, Revised Statutes 54-55 To decide claims for pension to be paid out of the privateer pension fund. Section 4761, Revised Statutes 55 To invest Navy pension fund, how. Section 4753, Revised Statutes 54 To issue certificate of discharge, etc., in true name of person serving ; restriction. Act August 22, 1912 98 To issue certificates of discharge in certain cases. Acts August ~14, 1888 (sec. 4), and May 24, 1900 99,101 Trustee of Navy pension fund and privateer pension fund. Sections 4750 and 4758, Revised Statutes 54 Secretary of the Treasury. May authorize issue of duplicate checks, when. Act February 23, 1909 86 Secretary of War: Authorized to issue duplicate certificate of discharge, when. Section 224, Revised Statutes 98 To furnish discharge certificates to members of Missouri Home Guards. Act May 15, 1886 98 To issue certificates of discharges, etc., in true name of person serv- ing; restriction. Act August 22, 1912 98 To remove charge of desertion in cases of certain Regular and Vol- unteer soldiers. Act March 2, 1889 101 Seizure, attachment, or levy, pension not liable to. Section 4747, Revised Statutes 93 Service : Bounty-land warrant, prima facie evidence of Act March 9, 1878 (sec. 3) 11 Act January 29, 1887 (sec. 3) 16 Effect of honorable discharge from, on prior contracts of service not honorably terminated. Joint resolutions July 1, 1902 (sec. 2), and June 28, 1906 105 Length of, an element of title As to Civil War Act June 27, 1890 (sees. 2 and 3) 29, 46 Act August 5, 1892 27 Act May 9, 1900 30, 46 Act February 6, 1907 31 Act April 19, 1908 (sec. -2) .__ 47 As to Indian Wars. Acts July 27, 1892, June 27, 1902, and May 30, 1908 1 13, 14 As to Navy service allowances. Sections 4756 and 4757, Revised Statutes 54, 55 182 INDEX. Ser vice Conti nued. Length of, an element of title Continued. As to Revolutionary War. Act March 9, 1878 (sec. 6) 12 As to War of 1812. Act March 9, 1878 (sec. 1) 11 As to War with Mexico Act January 29, 1887 1C Act February 6, 1907 31 On active or retired list bars right to pension. Acts; Ai. 1S90, March 3, 1891, May 27, 1908, and January 28, 1915 97 Pension not allowable while in, with certain exceptions. Section 4724_ 97 Prior tc, March 4, 1801 9-19, 131-133 Record of pay accepted as evidence of, Acts June 27, 1902, and May 30, 1908- 13, 14 Sick leave and sick furlough. Those on, how regarded for pensionable purposes. Section 4700, Revised Statutes Sisters. (See Dependent relatives.) Soldiers' Home, Washington, 1>. C. : Pension due deceased inmates of, how disbursed. Act March 3, 1883. Pensioned inmates may allot pensions. Act March 3, 1883 Pensions of inmates, how disbursed. Act March 3, 1883 Pensions of inmates payable to treasurer. Act March 3, 1883 88 Soldiers' homes. ( ,xv* National Home, Disabled Volunteer Soldiers, and also State soldiers' homes.) Soundness. At enlistment presumed. Act March 3, 1885 43 Spanish War: Date of marriage 'Iocs not affect title of widows based on service in. Act March 3, 1899 48 Volunteers in, status of. Act April 22, 1898 (sec. 12) 106 Special acts: Additional pension granted by. on account of helpless child, not to affect rate to which widow may be entitled in her own right. Act March 4, 1909 95 Attorney's fee. Acts March 3, 1891, and May 28, 1908 116, 117 Pensions under, equalized. Act June 6, 1874 94 Pensions under, to be in addition to those allowed under general laws, except. Act July 25, 1882 95 Pensions under, subject to provisions of general pension laws, un Section 4720, Revised Statutes 94 Rate, commencement and duration of pension granted by. Section 4720, Revised Statutes 94 Suspension of pension in case of fraud. Section 4720, Revised Stat- utes it I Special examinations : Commissioner of Pensions may apply for subpoena for witness in. Section 184, Revised Statutes, and act July 25, 1882 7, 8 Compensation for witnesses subpoenaed in. Section 18f>, Revised Statutes, and act July 25, 1882 7,8 Witnesses under subpoena who fail to appear or refuse to testify, may be compelled to appear or be punished for disobedience by the court issuing the process. Section 186, Revised Statutes 7 Special examiners: Clerks detailed as. Section 4744, Revised Statutes, as amended by act July 25, 1882 6 May administer oaths. Sections 183 and 4744, Revised Statutes. Acts March 3, 1891, and February 13, 1911 6, 7 Reports of, to be open to inspection, etc. Act May 28. 1908 ', Special medical examinations. Commissioner of Pensions may order. Section 4775, Revised Statutes 80 Specific disabilities. Rates for 110 State agents or commissioners. Not entitled to attorney's fee, in pension claims 71 State soldiers' homes: One-half pension of inmates payable to wife, minor children, or per- manently helpless and dependent child, when. Act March 3, 1899 87 Pensions of inmates to be paid to them directly. Act May 28, 1908 90 INDEX. 183 Statute of limitations: Page. When operative. Section 1044, Revised Statutes 114 When statute does not run. Section 1045, Revised Statutes 114 Statutes at large. (See Table of contents.) Stenographer. May be employed by special examiner on authorization of Commissioner of Pensions. Act July 25, 1882 6 Subornation of perjury. (See Crimes.) Subpoena : Commissioner of Pensions may apply for issue of. Act July 25, 1882_ 8 Head of department or bureau may apply for issue of. Section 184, Revised Statutes 7 Superintendent. Government Hospital for the Insane, pensions of inmates to be paid to. Acts February 20, 1905, and February 2, 1909- 90, 91 Support. (See Means of support.) Surgeons : Acting assistant or contract, pensionable status of. Section 4693, Revised Statutes 20 Appointment and organization of boards. Act July 25,1882 (sec. 4)_ 81 Board of examining, certificate of, subject to approval of Commis- sioner of Pensions. Section 4698, Revised Statutes 40 Certificate of examining surgeon to contain full description of physi- cal condition of claimant. Act July 25, 1882 (sec. 4) 81 Civil, for examining pension claimants, designation of; fee. Section 4777, Revised Statutes 80 Commissioner of Pensions may inspect boards of. Act August 8, 18S2_ 5, 87 Commissioner of Pensions may select board of, for appeal cases. Sec- tion 4775, Revised Statutes 80 Examination by, at claimant's home, when made. Act July 25, 1882 (sec. 4) 81 Expert, Commissioner of Pensions may employ; fee. Act July 25, 1882 81 Fee for examination. Act July 25, 1882 (sec. 4) 81 Fee for examination in foreign country. Act July 25, 1882 (sec. 4)_ 81 Fee for special medical examinations. Section 4775, Revised Stat- utes 80 Increase of fee to. Act May 28, 1908 82 Number of applicants to be examined each day. Act May 28, 1908 82 No fee paid member of board not participating. Acts July 25, 1882 (sec. 4), and May 28, 1908 81 Qualified, appointment and duties of. Section 4776, Revised Stat- utes 80 Regularly appointed, not to receive fee as an expert. Act July 25, 1882 (sec. 4) 81 Report of, to be open to inspection. Act July 18, 1894 82 Report of, to specifically state rating. Act May 28, 1908 82 Special board of review, organization of. Act July 25, 1882 (sec. 4)_ 81 Traveling expenses allowed, when. Act May 28, 1908 82 Sugeon General, United States Army. Application for artificial limbs and mechanical appliances to be made to 148 Suspension of pension : For fraud in obtaining pension by special act. Section 4720, Revised Statutes 94 In claims for one-half pension. Act March 3, 1899 87 Regulations relative to 143 Thirty days' notice requisite before. Act December 21, 1893 97 Table of attorney fees 70, 71 Tables of rates : Table 1. For simple total (a disability equivalent to the anchylosis of a wrist) provided by section 4695, Revised Statutes__ 108 Table 2. Permanent specific disabilities 110 Table 3. Rates fixed by Commissioner of Pensions for certain dis- abilities not specified by law 111 Table 4. Miscellaneous rates 112 70942 17 13 184 INDEX. Termination of pension : Page. Minor's terminates on attaining age of 16. Section 4702, Revised Statutes 44 Open and notorious adulterous cohabitation of widow results in. Act August 7, 1882 (sec. 2) 44 Remarriage of widow, dependent mother or sister results in. tion 4708, Revised Statutes, as amended by acts March 3, liXM. and February 28, 1903 G (See also Dropping name from pension roll.) Termination of service. For pensionable purposes; date of. Section 4701, Revised Statutes 105 Testimony. Witnesses, instructions relative to 146 Total disability. Rate for. Section 4695, Revised Statutes 28 Total helplessness. Invalid claims. Table of rates 11<> Traveling expenses: Of certain officers and clerks to be reported annually by i departments to Congress. Act May _:_'. UHKS Of surgeon, when allowed. Act May 28, 1008 82 Treasurer : Of Soldiers' Home, Washington. D. C., pensions of ini payable to. Act March 3. 1SS3 88 Of National Home, Disabled Volunteer Soldiers, pensions of in- mates paid to. Acts February ir>. 1^1. and Auirusr 7, U Trusses. Applications for, to be made to Surgeon General. Unite. Army 148 Two pensions. Prohibited for same period. Section 471"), Revised Stat- utes 94 U. Unclaimed pensions: After three yrars. name of pensioner .4ricken from rolls; restoration. Section 4719. Revised Statutes !rj Instructions relative to 1-13 United States commissioner: Authorized to administer oaths and take acknowledgments. Section 1778, Revised Statutes Required to have an ollicial seal. Act June is. Hinr; ~7 United States officer : Accepting bribe; penalty. Section 117, Criminal Code 125 Bribery of; penalty. Section 30, Criminal Code Extortion by. Section 85, Criminal Code lir_' False impersonation of; penalty. Section 32, Criminal Code 110 Interested in claims against the United States; penalty. Section 100. Criminal Code 123 Taking compensation in matters to which the United States is a party ; penalty. Section 113, Criminal Code 124 To administer oaths in execution of pension vouchers free of charge. Act March 1, 1889 85 (See also Officers and Government officers and employees.) V. Vested right Extent of. Act December 21, 1893 97 Veteran furlough. Line of duty. Section 4700 Vicious habits. Effect of, on pensionable rights. Acts June 27, 1890 (sec. 2), and May 9, 1900 20.30 Volunteers. On same footing as regulars in respect to pensions. Act April 22, 1898 1 106 Vouchers : Blanks to be furnished. Section 4767, Revised Statutes 85 'For pension, may be executed before fourth-class postmasters. Act August 23, 1894 85 For pension, may be executed before rural-delivery carriers. Act June 25, 1910 (sec. 2) 85 For pension, may be executed before United States officers free of charge. Act March 1, 1889 85 For pension, to be executed on or after the fourth day of the month in which payable. Section 4764, Revised Statutes 84 INDEX. 185 Vouchers Continued. May be executed before whom Act March 1, 1889 ____________________________________________ 85 Act July 26, 1892 ____________________________________________ 56 Act August 23, 1894 __________________________________________ -85. Act June 25, 1910 (sec. 2) ___________________________________ 85 Payment without authorized. Act August 17, 1912 _________________ 83 Postdating; penalty. Act July 7, 1898 _____________________________ 117 To pensioner quarterly. Section 4764, Revised Statutes _____________ 84 W. War of 1812: False oath in claims deemed perjury. Act March 9, 1878 (sec. 3) ___ 11 Service pension Act March 9, 1878 ___________________________________________ 11 Regulations and instructions __________________________________ 131 War of the Rebellion : Act February 6, 1907, extended to certain survivors of. Act March 4, 1907 __________________________________________________________ 32 Age and service elements of title. Acts February 6, 1907, and May 11, 1912 _______________________________________________________ 31, 32 Desertion from service in, certain sailors and soldiers relieved from charge of. Acts August 14, 1888, and March 2, 1889 _____________ 99-103 How affected by honorable discharge from later contract of service. Joint resolution July 1, 1902 (sec. 2), and act June 28, 1906 ______ 105 Disloyalty A bar to pension. Section 4716, Revised Statutes ______________ 95 Bar removed in certain cases Act August 1, 1892 _______________________________________ 96 Joint resolution July 1, 1902 (sec. 1) ______________________ 96 See also Note to section 4716, Revised Statutes ______________ __ 95 Officers to take rank from date of appointment, when. Act Febru- ary 24, 1897 ___________________________________________________ 106 Pensions granted for disability service origin Dependent relatives. Section 4707, Revised Statutes ___________ 49 Invalids. Section 4692, Revised Statutes ______________________ 20 Widows and minors. Section 4702, Revised Statutes, as amended by act August 7, 1882 ____________________________________ 44 Period of service element of title- Act June 27, 1890 (sees. 2 and 3) _____________________________ 29,46 Act August 5, 1892 ___________________________________________ 27 Act May 9, 1900 ______________________________________________ 30,46 Act February 6, 1907 _________________________________________ 31 Act April 19, 1908 (sec. 2) ___________________________________ 47 Act May 11, 1912 ____________________________________________ 32 Regulations and instructions relative to claims based on service in ____________________________________________________________ 133 Unable to perform or unfit for manual labor. Act May 11, 1912 _____ 33 War of Revolution. Pensions, account of __________________________ 9-12, 131 War vessels. Persons serving on, not regularly mustered, status of. Sec- tion 4693, Revised Statutes _____________________________________ 20 War with Mexico: Act February 6, 1907, extended to certain survivors. Act March 4, 1907 ___________________________________________________________ 32 Disability incurred in service. Section 4730, Revised Statutes ______ 15 False oath in claims deemed perjury. Act January 29, 1887 (sec. 3) __ 16 Gray's batallion, survivors and widows. Act February 17, 1897 ____ 18 Powell's batallion, survivors and widows. Act March 3, 1891 _______ 18 Rates increased. Acts January 5, 1893, April 23, 1900, and March 3, 1903 ________________________________________________________ 17 Regulations and instructions relative to ___________________________ 132 Survivors. Act February 6, 1907, age and service _________________ 18, 31 Survivors and widows, service pension. Act January 29, 1887 ______ 16 Survivors. Thirty dollars per month account service. Act May 11, 1912 __________________________________________________________ 18, 32 Widows and minors when death due to service. Section 4731, Re- vised Statutes... 15 186 INDEX. War with Spain: Date of marriage does not affect title of widows based on service in. Act March 3, 1899 48 Volunteers, status of. Act April 22, 1898 (sec. 12) 106 West, Department of the. Officers and men, entitled to pension, when. Act March 25, 1862 (sec. 2) 25 Western Gunboat Fleet. Transferred from War to Navy Department. Act July 16, 1862 43 Widows : Abandonment of minor child by, forfeits title. Section 470G, K Statutes 48 Accrued pension, title thereto. Act March "2. 1^)5 91 Adulterous cohabitation, forfeits nth-. Act August 7. isxi> 44 Cause of death of husband not due to service. Acis .June U7. 1890, May 9, 1900, and April 19, 1908 Commencement, general laws. Art .June 7, 1S88 45 Continuous cohabitation to date of husband's death. Art .March 3, 1899 48 Death of husband due to service since March -\, lxr,i. Section 470'J, Revised Statutes, as amended by Act August 7, 1882 44 Entitled to increase account minor children, if such minors main- tained by State or public institution. Section 4703, Revised Statutes 45 Entitled to increase account of minors by former wife when ch:*: with maintenance. Section 47O,",. Revised Statutes 45 Increase account of minor children. Section 4703, Revised Statutes 45 Increase, limitation. Act March 1!>. ISStJ 44 Indian Wars. Acts July 27, 1S92. .June 27, 19u-j, and May 30. 1!)08__ 13,14 Marriage, proof of, colored and Indian soldiers. Section 4705, Re- vised Statutes 48 Marriage legality of, how proven. Act August 7, 1882 (sec. 2) 44 Mexican War. Act January 29, 1887 16 Missouri State Militia and Provisional Missouri Militia, death due to service. Section 4722, Revised Statutes 22 No pension during time husband received one. Section 4735, Revised Statutes 53 Payment of pension to, conditions as to date of marriage. Act March 3, 1899 48 Rate not affected by additional grant by special act, account of help- less child. Act March 4, 1909 9.1 Regulations and instructions relative to ( Claims of 131,137 Remarriage terminates. Section 4708, as amended by acts March 3, 1901, and February 28, 1903 51-53 Renewal. Section 4708, Revised Statutes, amended by acts March ;>. 1901, and February 28, 1903 51-53 Revolutionary War. Act March 9, 1878 12 Service of soldier prior to March 4, 1861, half pay allowance 9 Soldiers murdered at Centralia, Mo. Act March 3, 1S75 45 Title. Acts June 27. 1890. May 9, 1900, and April 19, 19ox 46,47 War of 1812. Act March 9, 1878 11 War of 1812 and Revolutionary War. Act March 9, 1878__ _ 11, 12 Wife: Claim for pension of imprisoned husband. Regulations and instruc- tions relative to 145 Claim of, for pension of insane husband not under guardianship, regulations and instructions relative to 145 One-half pension payable to, when. Act March 3, 1899 87 Regulations and instructions relative to claims by, for one-half pension 71 Withholding of pension : By agent or attorney; penalty Act July 4, 1884 (sec. 4) 115 Act June 27, 1890 (sec. 4) 115 Act April 19, 1908 (sec. 3) 117 Not without 30 days' notice. Act December 21, 1893 97 Prohibited, when. Section, 4734, Revised Statutes 98 INDEX. 187 Witnesses : Page. Accepting bribe ; penalty. Section 134, Criminal Code 126 Commissioner of Pensions may secure subpoena for. Act July ~25, 1882 o Compensation of. Section 185, Revised Statutes"_I___"""""II _7 Head of department or bureau may. subpoena. Section 184, Revised Statutes 7 May be compelled to testify ; process. Section 186, Revised Statutes 7 Witnesses and testimony. Regulations and instructions relating to 146 O YC 63036 M83569 THE UNIVERSITY OF CALIFORNIA LIBRARY