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Act Feb. 3, 1893, Vol. 27, p. 429.

Act June 27, 1902, Vol. 32, p. 399.

now received (if less than eight dollars per month) and eight dollars per month.

SEC. 5. That the pension laws now in force, which are not inconsistent 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 That section forty-seven hundred and sixteen of the Revised Statutes is hereby repealed, so far as the same relates to this act or to pensioners under this act.

Sec. 2. Proof of citizenship. That the Commissioner of Pensions be, and he is hereby, authorized and directed to accept as sufficient proof of the citizenship of an applicant for pension under said act of July twenty-seven, eighteen hundred and ninetytwo, the fact that such applicant at the date of the application was an actual and bona fide resident of the United States.

Sec. 3. Certain Indian wars from 1817 to 1858.-That the provisions, limitations, and benefits of the act entitled "An act granting pensions to survivors of the Indian wars of eighteen hundred and thirty-two to eighteen hundred and forty-two, inclusive, known as the Black Hawk War, Creek War, Cherokee disturbances, and the Seminole War," approved July twentyseventh, eighteen hundred and ninety-two, be, and the same are hereby, extended, 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 Indian disturbances of eighteen hundred and thirty-six and eighteen hundred and thirty-seven; the Cayuse Indian War of eighteen hundred and forty-seven and eighteen hundred and forty-eight, on the Pacific coast; the Florida wars with the Seminole Indians, from eighteen hundred and fortytwo 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 fiftytwo; 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 provided 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 provided further, That all contracts heretofore made between the beneficiaries under this act and pension attorneys and claim agents are hereby declared null and void.

Note. By resolution of Apr. 28, 1904 (33 Stat. L. 591), the military rolls and records of the 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. Sec. 4. Pensions based on service of Texas volunteers, 1855 Act May 30, 1908, Vol. 35, p. to 1860.-That the provisions, limitations, and benefits of an act 553. entitled "An act granting pensions to survivors of the Indian wars of eighteen hundred and thirty-two to eighteen hundred and fortytwo, inclusive, known as the Black Hawk War, Creek War, Cherokee disturbances, and the Seminole War," approved July twenty-seventh, eighteen hundred and ninety-two, be, and the same are hereby, extended 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: Provided, That such widows have not remarried: Provided 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 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 service: And provided further, That all contracts heretofore made between the beneficiaries under this act and pension attorneys and claim agents are hereby declared null and void.

Act Feb. 19,

Sec. 5. Rates increased to $20.-That from and after the pas- 1913, Vol. 37, P sage of this act the rate of pension to surviving soldiers of the 679. 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, nineteen hundred and eight, shall be twenty dollars per month.

Act Mar. 4, 1917, Vol. 39, p.

Sec. 6. Survivors and widows of certain Indian wars from January 1, 1859, to January, 1891, etc.-That the provisions, 1199. limitations, and benefits of an act entitled "An act granting pensions to survivors of the Indian wars of eighteen hundred and thirty-two to eighteen hundred and forty-two, inclusive, known as the Black Hawk War, Creek War, Cherokee disturbances, and the Seminole War," approved July twenty-seventh, eighteen hundred and ninety-two, as amended on February nineteenth, nineteen hundred and thirteen, be, and the same are hereby, extended from the date of the passage of this act to the surviving officers and enlisted men of the Texas volunteers who served in defense of the frontier of that State against Indian depredations from January first, eighteen hundred and fifty-nine, to January first, eighteen hundred and sixty-one, inclusive, and from the year eighteen hundred and sixty-six to the year eighteen hundred and seventyseven, inclusive, and to the surviving officers and enlisted men, including militia and volunteers of the military service of the United States, who have reached the age of sixty-two years, and who served for thirty days in the campaign in southern Oregon

and Idaho and northern parts of California and Nevada from Campaigns and eighteen hundred and sixty-five to eighteen hundred and sixtyexpeditions

merated.

Widows.

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eight, inclusive; the campaign against the Sioux in Minnesota and the Dakotas in eighteen hundred and sixty-two and eighteen hundred and sixty-three, and the campaigns against the Sioux in Wyoming in eighteen hundred and sixty-five to eighteen hundred and sixty-eight; to the following organizations of the First Regiment Nebraska Militia engaged in fighting Indians and guarding United States mails on the western frontier: Company A, First Regiment, First Brigade Nebraska Militia, who served from August thirtieth, eighteen hundred and sixty-four, to November twelfth, eighteen hundred and sixty-four; Company B, First Regiment Nebraska Militia, who served from August thirteenth, eighteen hundred and sixty-four, to February thirteenth, eighteen hundred and sixty-five; Company C, First Regiment, Second Brigade Nebraska Militia, who served from August twenty-fourth, eighteen hundred and sixty-four, to February seventh, eighteen hundred and sixty-five; to Captain Edward P. Childs's artillery detachment, Nebraska Militia, who served from August thirtieth, eighteen hundred and sixty-four, to November twelfth, eighteen hundred and sixty-four; and Company A, First Regiment, Second Brigade Nebraska Militia, who served from August twelfth, eighteen hundred and sixty-four, to December twenty-fourth, eighteen hundred and sixty-four; the campaign against the Cheyennes, Arapahoes, Kiowas, and Comanches in Kansas, Colorado, and Indian Territory from eighteen hundred and sixty-seven to eighteen hundred and sixty-nine, inclusive; the Modoc War of eighteen hundred and seventy-two and eighteen hundred and seventythree; the campaign against the Apaches of Arizona and New Mexico, or either of them, in eighteen hundred and seventy-three; the campaign against the Kiowas, Comanches, and Cheyennes in Kansas, Colorado, Texas, Indian Territory, and New Mexico in eighteen hundred and seventy-four and eighteen hundred and seventy-five; the campaign against the Northern Cheyennes and Sioux in eighteen hundred and seventy-six and eighteen hundred and seventy-seven; the Nez Perce War of eighteen hundred and seventy-seven; the Bannock War of eighteen hundred and seventy-eight; the campaign against the Northern Cheyennes in eighteen hundred and seventy-eight and eighteen hundred and seventynine; the campaigns in the Black Hawk Indian war in Utah from eighteen hundred and sixty-five to eighteen hundred and sixty-seven, inclusive; the campaign against the Ute Indians in Colorado and Utah, from September, eighteen hundred and seventy-nine, to November, eighteen hundred and eighty, inclusive; the campaign against the Apache Indians in Arizona and New Mexico, or either of them, in eighteen hundred and eighty-five and eighteen hundred and eighty-six; and the campaign against the Sioux Indians in South Dakota, from November, eighteen hundred and ninety, to January, eighteen hundred and ninetyone, inclusive; and also to include the surviving widows of said officers and enlisted men who shall have married said survivor prior to the passage of this act: Provided, That such widows have not remarried: Provided further, That this act shall extend also

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to the surviving officers and enlisted men of the organization known as Tyler's Rangers, recruited at Black Hawk, Colo., eighteen hundred and sixty-four, for services against the Indians: Provided further, That if any certain one of the said campaigns did not cover a period of thirty days, the provisions of this act shall apply to those who served during the entire period of said campaign: Provided 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 provided further, That all contracts heretofore made between the beneficiaries under this act and pension attorneys and claim agents are hereby declared null and void.

SEC. 2. That the period of service performed by beneficiaries under this act shall be determined by reports from the records of ice. the War Department, where there is such a record, and by the reports from the records of the Treasury Department showing payment by the United States where there is no record of regular enlistment or muster into the United States military service: Provided, That when there is no record of service or payment for same in the War Department or Treasury Department, the applicant may establish the service by satisfactory evidence from the muster rolls on file in the several State or Territorial archives: And provided further, That the want of a certificate of discharge shall not deprive any applicant of the benefits of this act.

SEC. 3. That the provisions of section forty-seven hundred and sixteen of the Revised Statutes shall not apply to applicants for pension under this act.

Proof of serv

Sec. 7. Service proved by record or other evidence. That the Act Sept. 1, second section of the act entitled "An act to pension the survivors 1922, sec. 6, Vol. 42, p. 836. of certain Indian wars from January 1, 1859, to January, 1891, inclusive, and for other purposes," approved March 4, 1917, be so amended as to read as follows:

SEC. 2. That the period of service performed by beneficiaries under this act shall be determined: First, by reports from the records of the War Department, where there are such records; second, by reports from the records of the Treasury Department showing payment by the United States, where there is no record of regular enlistment or muster into the United States military service; and, third, when there is no record of service or payment for same in the War Department or the Treasury Department, by satisfactory evidence from muster rolls on file in the several State or Territorial archives; fourth, where there is no muster roll or pay roll on file in the several State or Territorial archives showing service of the beneficiary or same has been destroyed by fire or otherwise lost, and no record of service has been made in the War Department or Treasury Department, the applicant may make proof of service by furnishing evidence satisfactory to the Commissioner of Pensions: Provided, That the want of a certificate of discharge shall not deprive any applicant of the benefits of this act.

56710-23- 4

CHAPTER VII.

INVALID AND WIDOWS' PENSIONS BASED ON DISABILITY OR DEATH DUE TO SERVICE

Section.

SINCE MARCH 4, 1861.

1. Invalid pensions for disability due to service.

2. Beneficiaries under preceding section. 3. Line of duty.

4. Rate for total disabilities.

5. Rate according to rank when disability contracted.

6. Rate of $18 divisible for degrees of disability.

7. Minimum rate of invalid pension $6; not retroactive.

8. Increase for disabilities not permanent and specific; commencement.

9. Soundness at enlistment presumed, but
presumption may be rebutted.

10. Sick leave and veteran furlough.
11. Service to date of disbandment, or
actual discharge.

12. Nez Perce, Indian War.

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Sec. 4692, R. S. Section 1. Invalid pensions for disability due to service.Act July 14, 1862, Vol. 12, p. Every person specified in the several classes enumerated in the

566.

Sec. 4693, R. S.

following section, who has been, since the fourth day of March, eighteen 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 provided in such cases; and for an inferior disability, except in cases of permanent specific disability, for which the rate of pension is expressly 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.

Sec. 2. Beneficiaries under preceding section. The persons Act July 14, entitled as beneficiaries under the preceding section are as follows:

1862, Vol. 12, p. 566.

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, disabled by reason of any wound or injury received, or disease contracted, 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 gunboat or war vessel of the United States, disabled

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