1. v. 17, p. 567; See secs. 4756, Service Pensions. Mar. 3, 1873, s. in the service of the United States subsequent to the July 27, 1868, s. 2. twenty-seventh day of July, eighteen hundred and sixtySee note 2. eight, unless the person who was wounded, or injured, or 4757, Pension contracted the disease was in the line of duty; and, if in Funds, as to the military service, was at the time actually in the field, or on the march, or at some post, fort, or garrison, or en route, by direction of competent authority, to some post, fort, or garrison; or, if in the naval service, was at the time borne on the books of some ship or other vessel of the United States, at sea or in harbor, actually in commission, or was at some naval station, or on his way, by direction of competent authority, to the United States, or to some other vessel or naval station, or hospital. Rates of pension for total dis ability. 2; July 14, 1862, 8. 1. marshal. 8. 1. Contract sur geon. Mar. 3, 1865, 2; Mar. 3, 1873, s. 2, v. 17, p. 567. See note 3. SEC. 4695. The pension for total disability shall be as follows, namely: For lieutenant-colonel and all officers of Mar. 3, 1873, 8. higher rank in the military service and in the Marine Corps, and for captain, and all officers of higher rank, commander, Enrolling officer, provost and Surgeon, paymaster, and chief engineer, respectively rankdeputy, provost ing with commander by law, lieutenant commanding and July 25, 1866, master commanding, in the naval service, thirty dollars per month; for major in the military service and in the Marine Corps, and lieutenant, surgeon, paymaster, and chief engineer, respectively ranking with lieutenant by law, and passed assistant surgeon in the naval service, twenty-five dollars per month; for captaiu in the military service and in the Marine Corps, chaplain in the Army, and provost-marshal, professor of mathematics, master, assistant surgeon, assistant paymaster, and chaplain in the naval service, twenty dollars per month; for first lieutenant in the military service and in the Marine Corps, acting assistant or contract surgeon, and deputy provost marshal, seventeen dollars per month; for second lieutenant in the military service and in the Marine Corps ensign, and pilot in the naval service, and enrolling officer, fifteen dollars per month; for cadet midshipman, passed midshipman, midshipmen, clerks of admirals and paymasters and of other officers commanding vessels, master's mate, and all warrant officers in the naval service, ten dollars per month; and for all other persons whose rank or office is not mentioned in this section, eight dollars per month; and the masters, pilots, engineers, sailors, and crews upon the gun-boats and war-vessels, shall be entitled to receive the pension allowed herein to those of like rank in the naval service. June 18, 1878. *** That from and after July sixteenth, eighteen hundred and 20 Stat. L., 166. Sixty-two, pensions granted to lieutenant-commanders in Supp.R.S..PP the Navy for disability, or on account of their death, shall 193-94. " see Note 2.-As to rate for passed assistant engineers, assistant engineers, and cadet engineers in the Navy, see act March 3, 1877. As to rate for "ensigns," "cadet midshipmen," clerks of admirals," and of "other officers commanding vessels,' section 2, March 3, 1873. For lieutenant-commanders, see act June 18, 1878. Note 3.-A soldier traveling under orders, in any manner, is "on the march," and in the line of duty. (Pension Office Digest, p. 158.) When not in line of duty:" while on furlough; while on leave to attend to private business; while violating any established Army regulation: while bathing, unless under orders to do so; suicide, unless the result of insanity: wrestling or scuffling with comrades; foraging, unless under orders, even if granted leave to do so; while confined in a military prison on charge of desertion; while undergoing sen tence of court-martial. (Pension Office Decisions, pp. 157, 160.) be the same as theretofore provided for lieutenants commanding. Lieutenantcommanders' pension. R. S., sec. 4695. Title 57. shall be accord was contracted. July 14, 1862, s. 1; SEC. 4696. Every commissioned officer of the Army, Navy, or Marine Corps shall receive such and only such pension Rate of pension as is provided in the preceding section, for the rank he held ing to rank held at the time he received the injury or contracted the disease at time disability which resulted in the disability, on account of which he may Mar. 3, 1873, s. be entitled to a pension; and any commission or presiden- 2. v. 17, p. 567; tial appointment, regularly issued to such person, shall be June 6, 1866, s. 7. taken to determine his rank from and after the date, as given in the body of the commission or appointment conferring said rank Provided, That a vacancy existed in the rank thereby conferred; that the person commissioned was not disabled for military duty; and that he did not willfully neglect or refuse to be mustered. See note 4. mencement of cific disabilities s. 1; July 25, 1886, 8. 3. Sce act June 16, 1880, and act Mar. 4, 1890. For loss of hand Feb. 28, 1877. and foot, see act SEC. 4697. For the period commencing July fourth, eight-Rate and comeen hundred and sixty-four, and ending June third, eighteen pension for perhundred and seventy-two, those persons entitled to a less manent and spe. pension than hereinafter mentioned, who shall have lost subsequent to both feet in the military or naval service and in the line of prior to June 3, July 4, 1864, and duty, shall be entitled to a pension of twenty dollars 1872. per Mar. 3, 1873, s. month; for the same period those persons who, under like 3; July 4, 1864, s. circumstances, shall have lost both hands or the sight of 5: June 6, 1866, both eyes, shall be entitled to a pension of twenty-five dol- s. 5; Mar. 3, 1865, lars 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, For leg ampu those persons entitled to a less pension than hereinafter tated joint, see act Mar. mentioned, who by reason of injury received or disease con- 3, 1879. tracted in the military or naval service of the United States 6, 1866. and in the line of duty shall have been permanently and totally disabled in both hands, or who shall have lost the sight of one eye, the other having been previously lost, or who shall have been otherwise so totally and permanently Sec. 12, act July disabled as to render them utterly helpless, or so nearly so As to total and as to require regular personal aid and attendance of an- permanent helpother person, shall be entitled to a pension of twenty-five amendment act dollars per month; and for the same period those who under June 18, 1874, and 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 Note 4.-The rank of soldiers at time of disability governs rate of pension. Rank under a commission dated after the contraction of disability does not fix rate not conferred by a commission unless a vacancy existed in such rank. Pension of widow to be rated according to rank of husband at the time he received the injury which resulted in the fatal disease. (Pension Office Digest.) For loss of both hands, both eyes, or both feet, see act June 17, 1878. and Mar. 3, 1879. at hip Sec. 1, act June 27, 1868. lessness. 800 act June 16, 1880. Rate and com. pension for per cific disabilities Mar. 3, 1873, 8.4. 1872. see act act June 16, 1880. For loss of hand Aug. 4, 1886. 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. From and after June fourth, eighteen hundred mencement of and seventy-two, all persons entitled by law to a less penmanent and spe- sion than hereinafter specified, who while in the military or subsequent to naval service of the United States, and in line of duty, shall June 4, 1872. have lost the sight of both eyes, or shall have lost the sight of one eye, the sight of the other having been previously Act June 8, 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 ren der them utterly helpless, or so nearly so as to require the As to total and regular personal aid and attendance of another person, shall permanent help: be entitled to a pension of thirty-one dollars and twenty-five June 18, 1874, and cents per month; and all persons who, under like circumstances, shall have lost one hand and one foot, or been totally and foot, see act and permanently disabled in the same, or otherwise so disFeb. 28, 1877, and abled as to be incapacitated for performing any manual labor, but not so much as to require regular personal aid For loss of both and attendance, shall be entitled to a pension of twentyeyes, both hands, four dollars per month; and all persons who under like ciracts.June 17, 1878, cumstances, shall have lost one hand, or one foot, or been Feb. 12, 1889. totally and permanently disabled in the same, or otherwise so disabled as to render their incapacity to perform manual For leg ampu- labor equivalent to the loss of a hand or foot, shall be enti tated at hip joint, see act Mar. 3, tled to a pension of eighteen dollars per month: Provided, That all persons who, under like circumstances, have lost a Mar. 3, 1873, leg above the knee, and in consequence thereof are so disabled that they cannot 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 seventyAug. 27, 1888, 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, Mar. 3, 1873, 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. or both feet, see Mar. 3, 1879, and 1879. 8. 4. deafness. 8. 4. Commencement of increase for specific. SEC. [46983.] Except in cases of permanent specific disadisabilities not bilities, no increase of pension shall be allowed to commence permanent and prior to the date of the examining surgeon's certificate Mar. 3, 1873, s. establishing the same, made under the pending claim for 4, v. 17, p. 569; increase, and in this, as well as all other cases, the certifi4: June 18, 1874, cate of an examining surgeon, or of a board of examining Apr. 10, 1806, s. ch. 298, v. 18, p. 78. Note 5.-Amended by acts of June 18, 1874 (2); Feb. 28, 1877; June 17, 1878; Mar. 3, 1879; June 16, 1880; Mar. 3, 1883; Mar. 3, 1885; Aug. 4, 1886; Aug. 27, 1888; and Feb. 12, 1889. surgeons, shall be subject to the approval of the Commis. See note 6. sioner of Pensions. 1874-91, p. 707. helpless soldiers, June 16, 1880, ch. 236, That all soldiers, sailors, and marines who have since the Mar. 4, 1890. sixteenth day of June, eighteen hundred and eighty, or who 26 Stat. L., 16. may hereafter become so totally and permanently helpless, Supp. R. S.. from injuries received or disease contracted in the service Pensions, inand line of duty as to require the regular personal aid and crease to totally attendance of another person, or who, if otherwise entitled, etc. R. S., secs.4698, were excluded from the provisions of "An act to increase 46984. pensions of certain pensioned soldiers and sailors who are utterly helpless from injuries received or disease contracted while in the United States service," approved June sixteenth, eighteen hundred and eighty, shall be entitled to receive a pension at the rate of seventy-two dollars per month from the date of the passage of this act or of the certificate of the examining surgeon or board of surgeons showing such degree of disability made subsequent to the passage of this act. SEC. 4699. The rate of eighteen dollars per month may be proportionally divided for any degree of disability established for which section forty-six hundred and ninety-five makes no provision. Pensions for disability not otherwise pro vided for. Mar. 3, 1873, 8. 5, v. 17, p. 560. Sick leave, sick furlough, veteran fur SEC. 4700. Officers absent on sick-leave, and enlisted men absent on sick-furlough, or on veteran-furlough with the organization to which they belong, shall be regarded in the lough, line of administration of the pension laws in the same manner as if they were in the field or hospital. duty. Date when serv ice terminates. SEC. 4701. The period of service of all persons entitled, to the benefits of the pension laws, or on account of whose death any person may become entitled to a pension, shall, be construed to extend to the time of disbanding the organization to which such persons belonged, or until their actual discharge for other cause than the expiration of the service of such organization. Mar. 3, 1873, s. Widows and minors, when en 8; July 14, 1862, s. SEC. 4702.* If any person embraced within the provisions of sections forty-six hundred and ninety-two and forty-six titled. hundred and ninety-three has died since the fourth day of Mar. 3, 1873, s. March, eighteen hundred and sixty-one, or hereafter dies 2; July 14, 1862. s. by reason of any wound, injury, or disease, which, under 11; Mar. 3, 1865, the conditions and limitations of such sections, would have. See act June 7, entitled him to an invalid pension had he been disabled, his widow, or if there be no widow, or in case of her death, Note 6.-"Specific" disability is such as is specified in the statutes. Injuries requiring a medical examination to ascertain and declare their nature, and as to the effect of which there is room for a difference of opinion, are not specific disabilities. (Op. Atty. Genl. Devens, May 17, 1878, P. O. Digest, p. 154.) Disability to be pensionable must be of such a character and exist to such a degree that it can be detected by the examining surgeon of the office. (P. O. Digest, p. 152.) Disability not connected with a previous disease or injury received in service is not pensionable, even if soldier's health after discharge rendered him more liable to disease. Resulting from carelessness, disregard of regulations, etc., not pensionable, nor if shown by surgeon's certificate to have existed prior to enlistment. Cause of disability must have been contracted in the line of duty as well as in the service. (Pension Office Digest, pp. 152, 153.) 8.4. 1888. See note 7. Increased pensions to widows, etc. 1886. without payment to her of any part of the pension hereinafter mentioned, his child or children, under sixteen years of age, shall be entitled to receive the same pension as the husband or father would have been entitled to had he been totally disabled, to commence from the death of the husband or father, to continue to the widow during her widowhood, and to his child or children until they severally attain the age of sixteen years, and no longer; and, if the widow remarry, the child or children shall be entitled from the date of remarriage. SEC. 4703. The pensions of widows shall be increased Amended from and after the twenty-fifth day of July, eighteen hunby act of Mar. 19, dred and sixty-six, at the rate of two dollars per month Mar. 3, 1873. s. for each child under the age of sixteen years of the hus9; July 25, 1866 band on account of whose death the claim has been, or 8. 2: July 27, 1868, s. 4. shall be, granted. And in every case in which the deceased husband has left, or shall leave, no widow, or where his widow has died or married again, or where she has been deprived of her pension under the provisions of the pension-law, the pensión granted to such child or children shall be increased to the same amount per month that would be allowed under the foregoing provisions to the widow, if living and entitled to a pension: Provided, That the additional pension herein granted to the widow on account of the child or children of the husband by a former wife shall be paid to her only for such period of her widowhood as she has been, or shall be, charged with the maintenance of such child or children; for any period during which she has not been, or she shall not be, so charged, it shall be granted and paid to the guardian of such child or July 27, 1868, children: Provided, further, That a widow or guardian_to whom increase of pension has been, or shall hereafter be, granted on account of minor children shall not be deprived thereof by reason of their being maintained in whole or in part at the expense of a State or the public in any educational institution, or in any institution organized for the care of soldiers' orphans. 8.5. Legitimacy of children. 10. SEC. 4704. In the administration of the pension-laws, Mar. 3, 1873, s. children born before the marriage of their parents, if acknowledged by the father before or after the marriage, shall be deemed legitimate. Widows of col ored and Indian Mar. 3, 1873, s. SEC. 4705. The widows of colored and Indian soldiers soldiers entitled; and sailors who have died, or shall hereafter die, by reason evidence of mar riage legitimacy of wounds or injuries received, or casualty received, or disof children, etc. ease contracted, in the military or naval service of the 11: July 14, 1864, United States, and in the line of duty, shall be entitled to 146 receive the pension provided by law without other evidence 15, 1866, 8.2; as to of marriage than satisfactory proof that the parties were "Indian." Mar. joined in marriage by some ceremony deemed by them 1866, s. 14; June 3, 1873, s. 11. sec. 4702. Amendment, Note 7.-Except when such widow has continued to draw the pension money after her remarriage, in contravention of law, and such child or children have resided See act ap- with and been supported by her, their pension will commence at the date to which proved June 7, the widow was last paid. 1888, and see act approved Feb. 19, 1887. Aug. 7. 1882. ch. 438, v. 22, p. 315. |