SYNOPSIS OF PENSION LAWS AND INSTRUCTIONS CONCERNING CLAIMS THEREUNDER.

PENSIONS TO SURVIVORS OF WARS PRIOR TO 1861, AND TO THEIR WIDOWS.

War of the Revolution, service pensions.-Widows of soldiers who served for 14 days or more, or were in battle during the war, were entitled, provided they had not remarried, to $8 per month from March 9, 1878, and $12 per month from March 19, 1886.

The widow of a Revolutionary soldier who, in his lifetime, was granted a pension, was entitled, under section 4743, Revised Statutes, to pension at the same rate as was paid the husband, notwithstanding remarriage, upon proof of widowhood.

There is no law granting pension to the daughters or other descendants of soldiers of the Revolution. Any daughters of Revolutionary soldiers who received pensions were placed on the pension roll by special acts of Congress. War of 1812, service pensions.-Under the act of March 9, 1878, soldiers and sailors who served 14 days or more, or were in any engagement, during this war, and were honorably discharged, and the widows of such soldiers and sailors, irrespective of the date of marriage, are entitled to $8 per month from March 9, 1878. Under the act of March 19, 1886, widow pensioners mentioned in this paragraph are entitled to $12 per month.

The act of September 8, 1916, increased the rate for widows to $20 per month, and the act of May 1, 1920, further increased the rate to $30 per month. There is no law granting service pensions to the descendants of soldiers or sailors of the War of 1812.

Indian wars from 1832 to 1842, service pensions. The act of July 27, 1892, provides pensions for the surviving officers and enlisted men, including marines, militia, and volunteers, who were in the military or naval service of the United States for 30 days in the Black Hawk War, the Creek War, the Cherokee disturbances, or the Florida War with the Seminole Indians, and were honorably discharged; or who were personally named in any resolution of Congress for specific services therein; and for their widows, provided they have not remarried. Claimants under this act must be actual and bona fide residents of the United States at the date of making application. All pensions under this act are fixed at $8 per month, irrespective of rank, and are payable from July 27, 1892, or, in widows' cases where the soldier died subsequent to July 27, 1892, from the date of his death. The rate for widows is increased to $12 by the act of April 19, 1908, and the rate for survivors to $20 by the act of February 19, 1913.

Indian wars from 1817 to 1858.-The provisions of the foregoing act of July 27, 1892, were extended by the act of June 27, 1902, from the date of its passage, to the surviving officers and enlisted men, including marines, militia, and volunteers of the military and naval service of the United States who served for 30 days or more and were honorably discharged under the United States military, State, Territorial, or provisional authorities in certain specified 56710-23

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Indian wars occurring from 1817 to 1858. This act also made provision for the surviving widows of such officers and men who have not remarried. In establishing these claims a record of pay by the United States is accepted to prove record of enlistment and service.

Indian wars, etc., from 1855 to 1860.-The provisions of the foregoing act of July 27, 1892, were extended by the act of May 30, 1908, to the surviving officers and enlisted men of the Texas volunteers who served in the defense of the frontier of that State against Mexican marauders and Indian depredations from the year 1855 to the year 1860, inclusive, and to the surviving widows of such officers and men who have not remarried. In establishing these claims, where there is no record of enlistment or muster into the service of the United States, the fact of reimbursement to the State of Texas by the United States, as evidenced by the muster rolls and vouchers on file in the bureau, shall be accepted as full and satisfactory proof of such enlistment and service.

Indian wars from January 1, 1859, to January, 1891.-By the act of March 4, 1917, the provisions of the act of July 27, 1892, as amended by the act of February 19, 1913, are extended to the survivors of certain Indian wars and disturbances which are enumerated as having occurred between January 1, 1859, and January, 1891, in case such survivors have attained the age of 62 years.

Widows of Indian wars.—Under the acts of July 27, 1892, June 27, 1902, May 30, 1908, and March 4, 1917, the widow of a person who served in any of the Indian wars, disturbances, or campaigns mentioned in said acts, for the period stated therein, may be entitled to pension from date of approval of the act giving her a pensionable status, or, where soldier died subsequent to such date, from date of his death, provided she has not remarried. A widow claimant under the act of March 4, 1917, must have married the soldier prior to that date. No grant is made for children. The rate is $12 per month.

Mexican War, service pensions.-Under the act of January 29, 1887, officers and enlisted men who were in the military or naval service of the United States for 60 days in the Mexican War, or on the coasts or frontier thereof, or en route thereto, or who were in a battle, and were honorably discharged, or who were personally named in any resolution of Congress for specific services therein, are entitled to pension if 62 years of age; or, if not, upon proof of pensionable disability or dependence; but disability incurred while voluntarily aiding or abetting the late rebellion does not give title to pension.

Widows of officers and enlisted men who served as above are entitled to pension upon the same conditions as to age or dependence as apply to officers and enlisted men.

Pensions under this act commence on January 29, 1887, if a pensionable condition existed at that date, in survivors' claims, by reason of age, dependence, or disability, and in widows' claims by reason of age or dependence; if not, then on the date the applicant becomes 62 years of age, or dependent, or disabled within the meaning of the law.

The rate of pension to survivors is $8 per month, irrespective of rank. This rate for survivors was increased by the act of January 5, 1893, to $12 per month, but its benefits were limited to those who were pensioners on January 5, 1893. To secure this increase the act requires that a pensioner must show that he is wholly disabled for manual labor and in such destitute circumstances that $8 per month is a sum insufficient to provide him with the necessaries of life. The act of April 23, 1900, removed the limitation imposed in the act of

January 5, 1893. The act of March 3, 1903, pensions all survivors of the Mexican War at $12 per month, irrespective of the conditions named in the act of January 5, 1893, and the act of April 23, 1900.

The pension to a widow under this act is $8 per month, but the act of April 19, 1908, establishes a minimum rate of $12 per month for all pensions granted to widows.

The act of September 8, 1916, increases the rate of widows who are 70 years of age and entitled to pension on account of the War with Mexico to $20 per month.

The act of May 1, 1920, fixes the rate for widows of persons who served for sixty days in the War with Mexico at $30 per month.

Descendants of deceased Mexican War soldiers are not entitled to service

pension.

Act of February 6, 1907.-Under this act any person who served 60 days in the war with Mexico in the military or naval service of the United States and has been honorably discharged therefrom, and who has reached the age of 62 years or over, is entitled to a pension at the following rates, irrespective of rank: At 62 years, $12 per month; at 70 years, $15 per month; and at 75 years, $20 per month. Pension commences from the date of filing claim in the Bureau of Pensions subsequent to February 6, 1907, after attaining the specified age.

Act of May 11, 1912.-Under this act any person who served 60 days or or more in the war with Mexico and has been honorably discharged therefrom shall receive a pension of $30 per month.

The act of May 1, 1920, increases the rate for such service to $50 per month, and to $72 per month in cases of disability requiring regular personal aid and attendance of another person.

Pensions for disability or death due to service prior to March 4, 1861.— Soldiers who were wounded or injured, or who contracted disease in the line of duty, are entitled to pension corresponding in rate to the degree of the disability incurred in the service. Persons who rendered naval service are entitled to a like pension, under the same conditions, excepting that no pension may be granted to an engineer, fireman, or coal heaver for disability incurred prior to August 31, 1842.

The widows, or children under 16 years of age, of soldiers who served prior to March 4, 1861, are entitled to pension, if the soldier's death was due to causes originating in time of actual war, and not otherwise. Widows, or children under 16, of sailors who served prior to March 4, 1861, are entitled to pension only when the death of the sailor occurred in the service and in the line of duty.

Pensions mentioned in this paragraph, if not applied for within three years from the discharge or death of the person on whose account the right to pension exists, or within three years of the termination of a pension previously granted on account of the service and death of such person, commence from the date of filing by the person prosecuting the claim the last paper necessary to establish the same.

The rate of pension allowed to one whose pensionable rights accrued prior to March 4, 1861, is subject to variation, after July 25, 1866, in accordance with the laws passed since March 4, 1861.

There is no provision of law granting pensions to the parents, brothers, or sisters of persons who rendered military or naval service prior to March 4, 1861.

PROOF OF SERVICE IN INDIAN WAR CLAIMS.

Act of March 4, 1917.-It is provided that the period of service shall be determined by reports from the records of the War Department or by reports from the records of the Treasury Department showing payment by the United States, or by satisfactory evidence from the muster rolls on file in the several State or Territorial archives.

Section 6 of the act of September 1, 1922, provides that where evidence of the character above indicated can not be had, the applicant may make proof of service by furnishing evidence satisfactory to the Commissioner of Pensions. The evidence necessary in such cases is as follows: If there are anywhere any old papers or documents referring to the soldier's service, they should be filed. When the same shall have served the purpose for which desired, they will be returned upon request.

There should also be filed the sworn statements of two or more persons who rendered service with the soldier in said organization and have personal knowledge of the facts, setting forth in detail the period, character, and localities of his service.

If such evidence can not be obtained, that fact should be stated, under oath, with the reasons for such inability, and the best evidence available tending to show the fact, period, character, and localities of the soldier's service should be filed.

If the service is referred to in any historical publication, the name and date of such publication should be given.

All witnesses should state their ages, post-office addresses, and means of knowledge of the facts to which they testify.

PENSIONS TO INVALIDS SINCE MARCH 4, 1861.

The Bureau of Pensions can not undertake to determine, in advance of the filing of a claim and the evidence necessary to establish the essential facts, whether a pension can be allowed.

Note.-Pension laws in existence on October 6, 1917, are not applicable to persons then in or who thereafter entered the active military or naval service of the United States prior to February 9, 1922, except so far as rights under any such law shall have theretofore accrued, and the Bureau of Pensions has no jurisdiction as to claims based on a service which terminated after October 5, 1917, unless the entrance into the service was on or after February 9, 1922. The claims of those in the active military or naval service on October 6, 1917, and of those who entered such service after that date and prior to February 9, 1922, are adjudicated by the United States Veterans' Bureau, Washington, D. C., and all communications relating thereto should be addressed to that bureau.

General law-Sections 4692-4693, Revised Statutes.-Any officer or enlisted or appointed man of the Army, Navy, or Marine Corps of the United States disabled by a wound, injury, or disease incurred in line of duty since March 4, 1861, in a term of service which ended prior to October 6, 1917, or began on or after February 9, 1922, may be entitled to a pension on account thereof under the provisions of sections 4692 and 4693, Revised Statutes. Rates range from $6 to $100 per month, according to the disability established. Except in claims of insane persons, pension commences from date of filing of declaration.

The act of March 3, 1915, provides double pension for disabilities or death resulting from an aviation accident occurring while employed in actual flying in or in handling aircraft in the Navy or Marine Corps.

Act of May 1, 1920.-Section 3 provides that from that date all persons on the pension roll who while in the service of the United States in the Army, Navy, or Marine Corps during the Civil War 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 $60 per month; for loss of an arm at or above the elbow, or of a leg at or above the knee, or for total disability in the same, the rate is fixed at $65; for loss of an arm at the shoulder joint or a leg at the hip joint or so near the shoulder or hip joint, or in case the condition is such as to prevent the use of an artificial limb, a rate of $72 per month is allowed; and for loss of one hand and one foot, or total disability in the same, the rate allowed is $90 per month. Application should be made under the general law.

Act of June 5, 1920, section 3.-This section provides rates of $60, $65, $72, and $90 for loss of members or limbs or total disability in the same under exactly the same conditions and limitations as those named in section 3 of the act of May 1, 1920, except that the words "during the Civil War," found in section 3 of the act of May 1, 1920, are omitted from section 3 of the act of June 5, 1920, and thus these rates are provided for the disabilities named if incurred in service and line of duty, whether in connection with any war or in time of peace.

In addition to the disabilities above named, section 3 of the act of June 5, 1920, provides a rate of $100 per month for those who in service in line of duty "shall have lost both eyes or been totally disabled in the same, or who, in such service and in like manner, sustained injuries that proved the direct cause of the subsequent total loss of sight of both eyes."

Act of September 1, 1922.-This act provides that all persons who served in the War with Spain, the Philippine Insurrection or the Chinese boxer rebellion who, in line of duty, shall have lost both hands, or both feet, or been totally disabled therein, or who, in such service, sustained injuries in line of duty that proved the direct cause of the subsequent total disability of both hands or both feet are entitled to pension at the rate of one hundred dollars per month. Application should be made under the general law.

DISABILITY, AGE, AND SERVICE PENSIONS FOR SURVIVORS OF THE CIVIL WAR.

Act of June 27, 1890, as amended by act of May 9, 1900. Any officer, soldier, sailor, or marine who served 90 days or more in the military or naval service of the United States during the War of the Rebellion, who has been honorably discharged therefrom, and who is suffering from disbility of a permanent character, not the result of his own vicious habits, which incapacitates him for the performance of manual labor in such a degree as to render him unable to earn a support, is entitled to a pension under this act of not less than $6 nor more than $12 per month.

The act of May 9, 1900, amending the act of June 27, 1890, provides that, in determining inability to earn a support, each and every infirmity shall be considered, and the aggregate of the disab lities shown be rated.

Acts of February 6, 1907, and March 4, 1907.-By the terms of these acts any person who served 90 days or more in the military or naval service of the United States during the late Civil War, and who has been honorably discharged therefrom, is entitled to a pension at the following rates, irrespective of rank: At 62 years of age, $12 per month; 70 years of age, $15 per month; 75 years of over, $20 per month. Pension commences from the date of filing