Decisions of the Department of the Interior in Appealed Pension and Retirement Claims (Volume 7)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895. Excerpt: ... The law makes no provision for restoring the pensionable right when such unlawful relations cease, and the inhibition contained in said act applies with equal force to applicants and pensioners, whether under the act of June 27, 1890, or under prior laws. (Case of Sarah Jane Houser, vol. 6, P. D., p. 281.) The action appealed from was proper and is hereby affirmed. Discharge--Commencement Of Pension-record. Thomas Johnson. The record shows that appellant enlisted August 5, 1862, was captured the same month and is reported on list of prisoners dated September 18, 1862, and on the muster roll of the company dated December 31, 1862, as discharged at Camp Lew Wallace, but the cause and date of discharge are not given. Held--1. That as the record shows that he was discharged in 1862, he would be, on proof of disability incurred in the service and line of duty, pensionable under the general law, his declaration having been filed subsequent to July 1, 1880. 2. That he is not pensionable under the second section of the act of June 27, 1890, until it is shown that he was in the service of the United States for a period of ninety days. 3. That a special examination should be ordered to ascertain the date and cause of discbarge. Assistant Secretary John M. Reynolds to the Commissioner of Pensions, February 28, 1895. Appellant (late of Company L, Seventh Kentucky Cavalry), filed his application for pension under the general law March 9,1885 (No. 339,415), alleging injury of the spine and resulting kidney affection, due to his horse falling on him at the battle of Big Hill, Ky., about August 23, 1862. Pending the adjudication of this claim under the general law appellant filed an application January 14,1893, for pension under act of June 27, 1890. In affidavits filed ...