thirty days, the Commissioner of Pensions, after hearing all the evidence, shall decide to annul, vacate, modify, or set aside the decision upon which such pension was granted. Such notice to grantee must contain a full and true statement of any charges or allegations upon which such decision granting such pension shall be sought to be in any manner disturbed or modified. Sec. 18. Both pension and pay not allowed; exception.-No person in the Army, Navy, or Marine Corps shall draw both a pension as an invalid and the pay of his rank or station in the service, unless the disability for which the pension was granted be such as to occasion his employment in a lower grade or in the civil branch of the service. * * Sec. 4724, R. S. Act Aug. 29, 1890, vol. 26, p. 1891, vol. 26, p. Sec. 19. Officer on retired list not entitled to pension.-Here after no officer of the Army, Navy or Marine Corps on the re- 371. tired list shall draw or receive any pension under any law. Sec. 20. No person on active or retired list, Army, Navy, or Act Mar. 3, Marine Corps, entitled to pension.And provided fur 1082. ther, That hereafter no pension shall be allowed or paid to any officer, noncommissioned officer, or private in the Army, Navy, or Marine Corps of the United States, either on the active or retired list. Act May 27, 1908, vol. 35, p. Sec. 21. No pension while on active or retired list, RevenueCutter Service.—* ** * Provided, That hereafter no pension 322. shall be allowed or paid to any commissioned officer, warrant officer, or enlisted man in the Revenue-Cutter Service either on the active or retired list. 1915, vol. 38, p. Sec. 22. No pension while on active or retired list, Coast Act Jan. 28, Guard.-SEC. 3. * * *: Provided, That no pension shall be 802. allowed or paid to any commissioned officer, warrant officer, or enlisted man in the Coast Guard either on the active or retired list. Sec. 23. Employment in civil service no bar to pension.That all persons who, under and by virtue of the first section of the act entitled "An act supplementary to the several acts relating to pensions," approved March third, eighteen hundred and sixty-five, were deprived of their pensions during any portion of the time from the third of March, eighteen hundred and sixtyfive, to the sixth of June, eighteen hundred and sixty-six, by reason of their being in the civil service of the United States, shall be paid their said pensions, withheld by virtue of said section of the act aforesaid, for and during the said period of time from the third of March, eighteen hundred and sixty-five, to the sixth of June, eighteen hundred and sixty-six. * * Act Mar. 1, 1879, vol. 20, p. 327. 940. Mar. 3, Sec. 24. Double pension for disability from aviation duty, Act Navy or Marine Corps.—* In all cases where an officer 1915, vol. 38, p. or enlisted man of the Navy or Marine Corps dies, or where an enlisted man of the Navy or Marine Corps is disabled by reason of any injury received or disease contracted in line of duty, the result of an aviation accident, received while employed in actual flying in or in handling aircraft, the amount of pension allowed shall be double that authorized to be paid should death or the disability have occurred by reason of an injury received or disease contracted in line of duty, not the result of an aviation accident. Act Aug. 29, 1916, vol. 39, p. 585. Act Apr. 22, 1898, sec. 12, vol. 30, p. 361. Sec. 4747, R. S. Sec. 25. Disability or death due to aviation accident, double pension; Navy or Marine Corps; student flyer.-In all cases where an officer or enlisted man or student flyer of the Navy or Marine Corps dies, or where a student flyer or an enlisted man of the Navy or Marine Corps is disabled by reason of any injury received or disease contracted in line of duty, the result of an aviation accident, received while employed in actual flying in or in handling aircraft, the amount of pension allowed shall be double that authorized to be paid should death or the disability have occurred by reason of an injury received or disease contracted in line of duty not the result of an aviation accident. Sec. 26. Status of officers and men of the Volunteer Army same as in Regular Army.-That all officers and enlisted men of the Volunteer Army, and of the militia of the States when in the service of the United States, shall be in all respects on the same footing as to pay, allowances, and pensions as that of officers and enlisted men of corresponding grades in the Regular Army. Sec. 27. Pension not liable to attachment.-No sum of money due, or to become due, to any pensioner, shall be liable to attachment, levy, or seizure by or under any legal or equitable process whatever, whether the same remains with the Pension Office, or any officer or agent thereof, or is in course of transmission to the pensioner entitled thereto, but shall inure wholly to the benefit of such pensioner. Note. The pension laws relating to service subsequent to March 4, 1861, apply equally to service in the Army, Navy, or Marine Corps. The law provides that Navy pensions shall be paid from the income of the Navy pension fund so far as the same shall be sufficient for that purpose (38 Stat. L., 387). CHAPTER XII. RATES FIXED BY LAW FOR CERTAIN DISABILITIES; RATES ALLOWED WIDOWS AND Section. OTHERS. Section. 14. Amputation at shoulder joint. 15. Increased rates, $30, $36, $45. 17. Rates for degrees of deafness, $30 or 18. Increase, total deafness, $40. 20. Frequent and periodical aid and attend- 21. Increased rates for amputation, $60, $65, $72, $90. 22. Survivors' pension $50, Civil War and war with Mexico. 23. Survivors' pension, Civil War and war with Mexico, $72 if helpless or blind. 24. Civil War Army nurses and dependent parents, rate $30. 25. Dependent parents, war with Spain, etc., rate $20. Sec. 4697, R. S. Prior to June Section 1. Rates for permanent specific disabilities.-For the period commencing July fourth, eighteen hundred and sixty-four, and ending June third, eighteen hundred and seventy-two, those persons entitled to a less pension than hereinafter mentioned, who shall have lost both feet in the military or naval service and in the line of duty, shall be entitled to a pension of twenty dollars per month; for the same period those persons who, under like 4, 1872. circumstances, shall have lost both hands or the sight of both eyes, shall be entitled to a pension of twenty-five dollars per month; and for the period commencing March third, eighteen hundred and sixty-five, and ending June third, eighteen hundred and seventy-two, those persons who under like circumstances shall have lost one hand and one foot, shall be entitled to a pension of twenty dollars per month; and for the period commencing June sixth, eighteen hundred and sixty-six, and ending June third, eighteen hundred and seventy-two, those persons who under like circumstances shall have lost one hand or one foot, shall be entitled to a pension of fifteen dollars per month; and for the period commencing June sixth, eighteen hundred and sixty-six, and ending June third, eighteen hundred and seventy-two, those persons entitled to a less pension than hereinafter mentioned, who by reason of injury received or disease contracted in the military or naval service of the United States and in the line of duty, shall have been permanently and totally disabled in both hands, or who 73 shall have lost the sight of one eye, the other having been previously lost, or who shall have been otherwise so totally and permanently disabled as to render them utterly helpless, or so nearly so as to require regular personal aid and attendance of another person, shall be entitled to a pension of twenty-five dollars per month; and for the same period those who under like circumstances shall have been totally and permanently disabled in both feet, or in one hand and one foot, or otherwise so disabled as to be incapacitated for the performance of any manual labor, but not so much as to require regular personal aid and attention, shall be entitled to a pension of twenty dollars per month; and for the same period all persons who under like circumstances shall have been totally and permanently disabled in one hand, or one foot, or otherwise so disabled as to render their inability to perform manual labor equivalent to the loss of a hand or foot, shall be entitled to a pension of fifteen dollars per month. Sec. 4698, R. 8. Act June 18, Sec. 2. Permanent specific disabilities since June 4, 1872.— From and after June fourth, eighteen hundred and seventy-two, all persons entitled by law to a less pension than hereinafter specified, who while in the military or naval service of the United States, and in line of duty, shall have lost the sight of both eyes, or shall have lost the sight of one eye, the sight of the other having been previously lost, or shall have lost both hands, or shall have lost both feet, or been permanently and totally disabled in the same, or otherwise so permanently and totally disabled as to render them utterly helpless, or so nearly so as to require the regular personal aid and attendance of another person, shall be entitled to a pension of thirty-one dollars and twenty-five cents per month; and all persons who, under like circumstances, shall have lost one hand and one foot, or been totally and per manently disabled in the same, or otherwise so disabled as to be incapacitated for performing any manual labor, but not so much as to require regular personal aid and attendance, shall be entitled to a pension of twenty-four dollars per month; and all persons who, under like circumstances, shall have lost one hand, or one foot, or been totally and permanently disabled in the same, or otherwise so disabled as to render their incapacity to perform manual labor equivalent to the loss of a hand or foot, shall be entitled to a pension of eighteen dollars per month: Provided, That all persons who, under like circumstances, have lost a leg above the knee, and in consequence thereof are so disabled that they can not use artificial limbs, shall be rated in the second class and receive twenty-four dollars per month from and after June fourth, eighteen hundred and seventy-two; and all persons who, under like circumstances, shall have lost the hearing of both ears, shall be entitled to a pension of thirteen dollars per month from the same date: Provided, That the pension for a disability not permanent, equivalent in degree to any provided for in this section, shall, during the continuance of the disability in such degree, be at the same rate as that herein provided for a permanent disability of like degree. Sec. 3. Rates for total helplessness.-That section four of the 1874, vol. 18, p. act entitled "An act to revise, consolidate, and amend the laws 78. relating to pensions," and approved March third, eighteen hundred and seventy-three, be so amended that all persons who, while in the military or naval service of the United States, and in the line of duty, shall have been so permanently and totally disabled as to require the regular personal aid and attendance of another person, by the loss of the sight of both eyes, or by the loss of the sight of one eye, the sight of the other having been previously lost, or by the loss of both hands, or by the loss of both feet, or by any other injury resulting in total and permanent helplessness, shall be entitled to a pension of fifty dollars per month; and this shall be in lieu of a pension of thirty-one dollars and twenty-five cents per month granted to such person by said section: Provided, That the increase of pension shall not be granted by reason of any of the injuries herein specified unless the same shall have resulted in permanent total helplessness, requiring the regular personal aid and attendance of another person. SEC. 2. That this act shall take effect from and after the fourth day of June, eighteen hundred and seventy-four. Act June 16, 281. Sec. 4. Rate of $72 per month for total helplessness.-That all soldiers and sailors who are now receiving a pension of fifty 1880, vol. 21, p. dollars per month, under the provisions of an act entitled "An act to increase the pension of soldiers and sailors who have been totally disabled," approved June eighteenth, eighteen hundred and seventy-four, shall receive, in lieu of all pensions now paid them by the Government of the United States, and there shall be paid them in the same manner as pensions are now paid to such persons, the sum of seventy-two dollars per month. SEC. 2. All pensioners whose pensions shall be increased by the provisions of this act from fifty dollars per month to seventy two dollars per month shall be paid the difference between said sums monthly, from June seventeenth, eighteen hundred and seventyeight, to the time of the taking effect of this act. 144. Sec. 5. Loss of both hands, both feet, or sight of both eyes, Act June 17, $72.-That on and after the passage of this act, all soldiers and 1878, vol. 20, p. sailors who have lost either both their hands or both their feet or the sight of both eyes in the service of the United States, shall receive, in lieu of all pensions now paid them by the Government of the United States, and there shall be paid to them, in the same manner as pensions are now paid to such persons, the sum of seventy-two dollars per month. Sec. 6. Total blindness.-That the act of June seventeenth, eighteen hundred and seventy-eight, entitled "An act to increase the pensions of certain soldiers and sailors who have lost both their hands or both their feet, or the sight of both eyes, in the service of the country," be so construed as to include all soldiers and sailors who have become totally blind from causes occurring in the service of the United States. Act Mar. 3, 1879, vol. 20, p. 484. Sec. 7. Rate of $100 for total blindness.-That from and after Act Apr. 8, 1904, vol. 33, p. the passage of this act all persons on the pension roll, and all per- 163. sons hereafter granted a pension, who, while in the military or naval service of the United States and in the line of duty, shall have lost both eyes, or who have become totally blind from causes occurring in the service of the United States, shall receive a pen |