Leave of ab sence and lough. fur SEC. 5. That in the adjudication of claims arising under section 1 of this act, and claims arising under the provisions of the act entitled "An act to pension soldiers and sailors of the war with Spain, the Philippine insurrection, and the China relief expedition," approved June 5, 1920, all leaves of absence, and furloughs under General Orders, Numbered One hundred and thirty, August 29, 1898, War Department, shall be included in determining the period of pensionable service: Provided, That as to any claimant who filed an application for pension under the act of July 16, 1918, or the act of June 5, 1920, and whose application is still pending in the Bureau of Pensions or has been rejected on the ground that ninety days' service was not shown exclusive of the leave of absence or furlough under the order herein referred to, the pension shall commence from the date when the original apRejected plication was filed in the Bureau of Pensions, and as to claims under the act of July 16, 1918, the pension shall be at the rate provided in that act, with increase at the rate provided herein from the date of the approval of this act: Provided further, 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, showing themselves entitled thereto, receive the benefits of this act; and nothing herein shall be so construed as to prevent any pensioner thereunder from prosecuting his claim under any other general or special act: And provided further, That this act shall not be so construed as to reduce any pension under any act, public or private: Provided, however, That no person shall receive more than one pension for the same period. claims. Indian wars. Proof of service. Attorney fee. SEC. 6. That the second section of the act entitled "An act to pension the survivors 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." SEC. 7. That no claim agent or attorney or other person shall be recognized in the adjustment of claims under this act except in claims for original pension, and in such cases no more than the sum of $10 shall be allowed for services in preparing, presenting, or prosecuting any such claim, which sum shall be payable only on the order of the Commissioner of Pensions; and any person who shall violate any of the provisions of this section, or shall wrongfully withhold from the pensioner or claimant the whole or any part of a pension allowed or due to such pensioner or claimant under this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall, for each and every such offense, be fined not exceeding $500 or be imprisoned not exceeding one Penalty. year, or both, in the discretion of the court. Section. CHAPTER X. PENSIONS TO FORMER WIDOWS AGAIN WIDOWED OR DIVORCED. 1. Act of March 3, 1901, amending section 4708 R. S. Renewal of pension to certain remarried widows. 2. Act of February 28, 1903, amending section 4708 R. S., remarried widows; renewal; rights extended. 3. Act of September 8, 1916, complete : Rate $20 for certain widows of Civil War, war with Mexico, War of 1812; further provision for remarried widows; act of April 19, 1908, amended as to date of marriage. Act 1445. Section. 4. Rate $30, widows and remarried widows, Civil War. 5. Remarried widows of war with Spain, Chinese Boxer rebellion, and Philippine insurrection. Mar. 3, Section 1. Renewal of pension to certain remarried widows.1901, vol. 31, P. That section forty-seven hundred and eight of the laws of the Sec. 4708, R. S. United States governing the granting of Army and Navy pensions be, and the same is, amended to read as follows: 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 therefor was filed before or after such marriage; but on the remarriage of any widow, dependent mother, or dependent sister having a pension, such pension shall cease: Provided, however, That any widow who 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 hereafter be dropped from said pension Marriage dis- roll by reason of her marriage to another person who has since solved by death died or shall hereafter die, or from whom she has been heretofore or divorce. 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 twentyseventh, 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 nineteenth, eighCommencement. teen 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: And provided further, That where the pension of said widow on her Minor or help less child pen second or subsequent marriage has accrued to a helpless or idiotic 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. No fee. Sec. 2. Remarried widows; renewal; rights extended.-That Act Feb. 28, 1903, vol. 32, p. section forty-seven hundred and eight of the laws of the United 920. States governing the granting of Army and Navy pensions be, and the same is, amended to read as follows: Sec. 4708, R. S. 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 therefor was filed before or after such marriage; but on the remarriage of any widow, dependent mother, or dependent sister having a pension 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 described in paragraphs one, two, and three of section forty-six hundred 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 disease contracted in such military or naval service, and whose name has been or shall hereafter be dropped solved by death Marriage disfrom said pension roll by reason of her marriage to another or divorce. 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 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: And provided further, That where the pension of less child said widow on her second or subsequent marriage has accrued to sioned. 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. Commencement. Minor or help pen No fee. Act Sept. 8, 1916, vol. 39, p. 844. Widows. Remarried widows. 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 receive any compensation for services in making application for pension under this act. Sec. 3. Rate $20 for certain widows of Civil War, war with Mexico, War of 1812; further provision for remarried widows; act of April 19, 1908, amended as to date of marriage.—That from and after the passage of this act the rate of pension for a widow, now on the roll or hereafter to be placed on the pension roll and entitled to receive a less rate than hereinafter provided, who 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 the Civil War, shall be $20 per month, and the rate of pension for a widow of an officer or enlisted man of the Army, Navy, or Marine Corps of the United States, who served in the Civil War, the war with Mexico, or the War of Eighteen hundred and twelve, now on the roll or hereafter to be placed on the pension roll and entitled to receive a less rate than hereafter provided, who has reached or shall hereafter reach the age of seventy years, shall be $20 per month; and nothing herein shall be construed to affect the existing allowance of $2 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 reduce any pension under 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 the pension roll, under any existing law, 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 Marriage dis- or shall hereafter die, or from whom she has been heretofore solved by death or divorce. or shall be hereafter divorced upon her own application and without fault on her part, shall be entitled to have her name again placed on the pension roll at the rate allowed by the law under which she was formerly pensioned, and the law or laws amendatory thereof, unless she be entitled to a greater rate of pension under the provisions of section one of this act, such pension to commence from the date of filing her application in the Bureau of Pensions after the passage of this act: Provided, however, That where the pension of said widow on her second or Pension ac- 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 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 crued to minor child. |