pension to said child or children 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 again a widow, or has been divorced from her last husband upon her own application, without fault on her part and who, otherwise entitled, was barred by reason of such remarriage from receiving pension under any existing law.

If child pen

SEC. 3. That any widow, as described in section two of the act Date of marriage, June 27, approved April nineteenth, nineteen hundred and eight, who mar-1905. ried the soldier or sailor prior to June twenty-seventh, nineteen hundred and five, shall have title to pension under the provisions of said section 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 chil- sioned. dren, 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.

Fee.

1,

Act May 1920, sec. 4, vol.

Sec. 4. Rate $30, widows and remarried widows, Civil War.That the widow of any person who served in the Army, Navy, or 41, p. 586. Marine Corps of the United States during the Civil War for ninety days or more, and was honorably discharged from such service, or regardless of the length of service was discharged for or died in servicè of a disability incurred in the service and in the line of duty, such widow having been married to such soldier, sailor, or marine prior to the twenty-seventh day of June, anno Domini 1905, shall be entitled to and shall be paid a pension at the rate of $30 per month. And this section shall apply to a former widow of any person who served for ninety days or more in the Army, Navy, or Marine Corps of the United States 56710-23

-6

Marriage prior to June 27, 1905.

during the Civil War and was honorably discharged from such service, or who, having so served for less than ninety days was discharged for or died in service of a disability incurred in the service and in the line of duty, such widow having remarried, either once or more than once after the death of the soldier, sailor, or marine, if it be shown that such subsequent or successive marriage has, or have been dissolved, either by the death of the husband or husbands, or by divorce without fault on the part of the wife; and any such former widow shall be entitled Rate $30 and to and be paid a pension at the rate of $30 per month; and any $6 for each child. widow as mentioned in this section, shall also be paid $6 per month for each child of such officer or enlisted man under the age of sixteen years, 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 Minors and such child or children until the age of sixteen years: Provided helpless children. That in case a minor child is insane, idiotic, or otherwise mentally or physically helpless, the pension shall continue during the life of such 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 provided further, That in case of any widow whose name has been dropped from the pension roll because of her remarriage, if the pension has been granted to an insane, idiotic, or Where child otherwise helpless child, or to a child or children under the pensioned. age of sixteen years, she shall not be entitled to renewal of pension under this act until that pension to such child or children terminates, unless such child or children be a member or members of her family and cared for by her, and upon the renewal of pension to such widow, payment of pension to such child or children shall cease.

Sec. 1, Act of Sept. 1, 1922, vol. 42, p. 834.

Sec. 5. Remarried widows of war with Spain, Chinese Boxer rebellion, and Philippine insurrection. That any widow of any officer or enlisted man who served ninety days or more in the Army, Navy, or Marine Corps of the United States during the war with Spain, the Chinese Boxer rebellion, or the Philippine insurrection, between April 21, 1898, and July 4, 1902, inclusive, service to be computed from date of enlistment to date of discharge, and was honorably discharged from such service, or, regardless of the length of service, was discharged for or died in service of a disability incurred in the service and line of duty, such widow having married such soldier, sailor, or marine prior to the passage of this act, 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 upon the pension roll from the date of the filing of her application therefor under this act, at the rate of $20 per month during her widowhood. And this section shall apply to Former widows. a former widow of any officer or enlisted man who rendered service as hereinbefore described, and who was honorably discharged, or died in service due to disability or disease incurred in the service, such widow having remarried either once or more than once after the death of the soldier, sailor, or marine, if it be shown that such subsequent or successive marriage has or have been dis

solved, either by the death of the husband or husbands, or by Marriage dissolved by death divorce without fault on the part of the wife; and any such former or divorce. widow shall be entitled to and be paid a pension at the rate of $20 per month; and any widow or former widow as mentioned in this section shall also be paid $4 per month for each child of such officer or enlisted man under the age of sixteen years, and in case Rate $20 and of the death or remarriage of the widow leaving a child or chil- $4 for each child. dren 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 years: ** * * Provided further, That in case of any widow whose name has been dropped from the pension roll because of her remarriage, if the pension has been granted to an insane, idiotic, or otherwise helpless child, or to a child or children under the age of sixteen years, she shall not be entitled to renewal of pension under this act until the pension to such child or children terminates, unless such child or children be a member or members of her family and cared for by her, and upon renewal of pension to such widow payment of pension to such child or children shall cease.

If child already pensioned.

CHAPTER XI.

PAYMENT TO WIFE OF PENSIONER; REIMBURSEMENT; ARMY NURSES; BOTH PENSION AND SERVICE-PAY NOT PERMISSIBLE.

bursement.

4. Commissioner of Pensions to settle reimbursement claims.

5. No reimbursement to State, county, or municipal corporations.

6. Arrears of pension, section 4717 R. S., repealed.

7. Rate of arrears and commencement of pension.

8. Pension to Army nurses, Civil War. 9. Army nurses, war with Spain, etc. 10. Disloyalty condoned in certain cases; later enlistment.

11. Section 4716 R. S.; repealed as to war with Spain.

12. Complete repeal of section 4716, R. S. 13. Desertion may forfeit pension.

14. Amending act April 26, 1898; desertion.

15. Pensions are not to be "Withheld."

373, amending sec. 4766, R. S.

No payment on power of attorney, etc.

Guardians.

Act Aug. 8, Sec. 1. Payment to pensioner's wife or guardian in certain 1882, vol. 22, p. cases.-SEC. 4766. Hereafter no pension shall be paid to any person other than the pensioner entitled thereto, nor otherwise than according to the provisions of this title; and no warrant, power of attorney, or other paper executed or purporting to be executed by any pensioner to any attorney, claim agent, broker, or other persons shall be recognized by any agent for the payment of pensions, nor shall any pension be paid thereon; but the payment to persons laboring under legal disabilities may be made to the guardians of such persons in the manner herein prescribed, and pensions payable to persons in foreign countries may be made according to the provisions of existing laws: Provided, That in case of an insane invalid pensioner having no guardian, but having a wife or children dependent upon him (the wife being a woman of good character), the Commissioner of Pensions is hereby authorized, in his discretion, to cause the pension to be paid to the wife, upon her properly executed voucher, or in case there is no wife, to the guardian of the children, upon the properly executed voucher of such guardian, and in like manner to cause the pension of invalid pensioners who are or may hereafter be imprisoned as punishment for offenses against the laws to be paid while so impris

Insane with no guardian.

In prison.

oned to their wives or the guardians of their children. And pensions to Indian pensioners residing in the Indian Territory may be paid in person by the pension agent, upon a suitable voucher, at some convenient point in said Territory, which, together with the form and manner of identification of the pensioners, may be prescribed by the Secretary of the Interior; such payments to be made in standard silver, at least once in each current year. And payments in person shall be made to the pensioner, in cash, by the pension agent whenever in the discretion of the Commissioner of Pensions such personal payment shall be by him deemed necessary or proper to secure to the pensioner his rights; and the necessary and actual expenses of such pension agent in making such payments shall be paid by the Secretary of the Interior upon properly executed vouchers, out of the contingent fund appropriated for the use of the Pension Office. The commissioner may, when in his judgment it shall be deemed necesInspection sary or proper, visit in person, for the purpose of examination and examining boards inspection, or may send any one or more of the officers of his or surgeons. bureau for that purpose, any of the pension agencies or medical examining boards or surgeons; and the necessary and actual expenses of such visits shall be paid by the Secretary of the Interior upon properly executed vouchers, out of the contingent fund of said bureau.

Note.-Pension agencies abolished by act Aug. 17, 1912, 37 Stat. L. 312. (See p. 94).

of

Act Mar. 3, 1899, vol. 30, p. 1379.

child.

Section 2. Half pension to wife or child of pensioner who deserts them or is in Soldiers' Home. That section forty-seven hundred and seventy-six (4766), Title fifty-seven, of the Revised Statutes of the United States be, and the same is hereby, amended by adding thereto the following additional provisions and provisos, to wit: Provided further, That in case a resident pensioner of the United States shall for a period of over six months desert his Deserted wife or lawful wife, she being a woman of good moral character and in necessitous circumstances, or if he have no lawful wife, shall desert his legitimate minor child or children under sixteen years of age, or his permanently helpless and dependent child, the Commissioner of Pensions is hereby directed, upon being satisfied by competent evidence of such desertion, to cause one-half of the pension due or to become due said pensioner during the continuance of such desertion to be paid to the wife, or in case there is no wife, to the legal guardian of the child or children: Provided further, That when a soldier or sailor enters into a State home Home. for soldiers or sailors as an inmate thereof, one-half of his pension accruing during his residence therein shall be paid to his wife, she being a woman of good moral character and in necessitous circumstances, or if there be no wife, then to his child or children under sixteen years of age, 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

Inmate of State

Inmate of National Home.