« ForrigeFortsett »
Acts of July 14,
Act of Jane 27, 1890, as Amended by the Act of May 9, 1900.
ars w)1h Seminole Indians from 1832 to 1842 and to their widows. On Jane 27, 1902, the benefits of said act were extended from that date to the survivors of the Florida and Georgia Seminole Indian war of 1837 and 3£18; the Ftvre River Indian war of Illinois of 1827; the. Sac and Fox Indian war of 3831; the Sabine Indian disturbances of 18.30 and L'<37: the Cay use Indian war of 1847-48 on the Pacific coast; the Florida wars with the Seminole Indians from 1842 to 1858; the Texas and New Mexico Indian war of 3849 to 1850; the California Indian distuibances of 1851 and 1S52; the Utah Indian disturbances of 1850 to 1853, and the Oregon and the Washington Territory Indian wars from 1851 to 1856, and to the surviving widows.
On January 2ft. 3887, thirty-nine years after the close of the war, an act was ■sir n,.i, passed providing for soldiers and sailors and their widows for
War Willi service of sixty day-, if 02 years of age, or disabled or de
There has never been any law pensioning widows of soldiers whose death was due to service in tinfe of peace prior tu March 4, 1801. No provision has ever "been made for mothers and fathers and brothers and sisters if the death of soldier or sailor resulted from service prior to March 4, 1801. The laws relating to pension have been more liberal since l^ci than they were prior to that date. To make it plainer, as an illustration of this fact, a sailor who lost both arms in the service and line of duty prior to March 4, I8t;3, would be entitled to a rating- beginning at $3.50 per month and to the various rates provided from 4ime to time to February 12, 1889, when he would receive $100 per month.
Any officer, soldier, sailor or marine, disabled by reason of wound received or disease' contracted in the r.er\iee of the United States, and in the line of duty, may be pensioned for such disability during its continuance. In case of his death from causes originating as above set forth, his widow or his child or children under 30 years of age become entitled to pension. If ho left no widow, or child under 10, his dependent mother, father, or orphan sisters and brothers are entitled, in the order named.
Any officer, soldier, sailor or marine who served ninety days or more in the" military or naval service of the United States .Turing the late war of the rebellion, who lias fee-on honorably discharged therefrom, and who is suffering from disability of &i permanent character, not the result of his own vicious habits"/ which incapacitates him from the performance of manual labor in such a degree as to render him unable to earn a support, is entitled to pension under this act of not less than $0 per month nor more than §12 per month. In case of the. -death of any person named above his widow becomes entitled to pension, provided she married him prior to June 27, 18530, and that she is without other means of support,. than her daily labor. If she remarries or dies the child or children of such soldier or sailor under the age of 10 years become entitled. The act of May 9, 1900, whieh is an amendment of the act of June 27, 1890, provides that in determining inability to earn a support each and every infirmity shall be duly considered, and the aggregate of the disabilities shown be rated. It is also provided that a widow may have title to -pension if she is left without means of support other than her daily labor" and an actual net income not exceeding $250 per year.
All women employed by the Surgeon-General of the army as nurses during the . . - late war of the rebellion -for a period of six months or more, and
. VV -HM9 wlK> were honorably relieved from- s«ch service, are granted a
ABfu«i r>, iisvt. pension, provided they are unable to earn a support.
There is no law granting service pension to any person for service rendered since 1868, aside from the allowances made under the provisions of Service sections 4756 and 4757, Revised Statutes, for twenty years1 and
Pensions. * ten years3 service, respectively, in the United States Navy or
Marine Corps. To obtain a pension the applicant must file A claim with the Commissioner ^f Pen-. sious, Washington, D. C. In a claim by the soldier he should set forth all his military or naval service, giving dates of enlistment and discharge. The prime requirement to establish a claim under act of July 14, 1802, usually termed the general law. is to show that the disability for which pension is. claimed had its origin while in the service and line of duty; that i* has existed as a -disabling cause from date of discharge, and now exists in a degree pensionable under the law. In a claim -under the act of June 27, 1890, the essential requirements are: A service of ninety days or more, an honorable -discharge therefrom and proof that the disability for which pension is claimed is not due to claimant's own vicious habits, but it need not necessarily be of serviceorigin. In a widow's claim it is necessary to show her legal marriage to the soldier, the date of his death, and, uiwler the general law, that it was due to some cause of service origin. She- must also show that she has remained his widow. If there are children of the soldier under sixteen years of age at the date of his death, their names should be given and the date of birth of each clearly shown. If any have died the date should be proved. In a widow's claim under the act of June- 27, 1890 the requirements as to service is the same as under an invalid claim, and in addition thereto she must show a legal marriage to the soldier prior to the passage of -the act the fact of soldier's death (but it need not be shown to he due to service), h^r ron~ tinued widowhood and that she is without other means of support than ^er daily
'The act of May 9, 1900, amending the act of June 27, 1890, gives title to widows who are without means of support, other th.an th*ir daily labor and a net annual in
come of $^>0. A minor child s title to pension accrues only on the dea-lh or remarriage of the widow, which fact must be shown, in addition to the requirements in widow'* ?\ I L dependent mother must show her relationship to the soldier his celibacy,";
that he contributed to her support, that his death was due to some cause of service origin, the date of his death, and, under the general law, that she was dependent upon him at the date of his death, Under the act of Juno 27. 1890, it is only neces2JSut^Snow ,dePendence at date of filing claim and since then. A dependent father must show relationship by legal marriage to soldier's mother, the date of soldier'* birth and of the mothers death, in addition to the requirements in the mother's claim* Applications rejected by a Board of Pension Surgeons may be reconsidered on the evidence of two physicians that disability exists. Pensions for privates ranpe from ib -t0 H?.f manth lr] P}?9t caseB- though $72 is granted to those who have' loV bottf i.eet or both eyes, and $100 a month to those who have lost both hands »
The following executive order, issued March 15, 1004, further dehned certain gen-f' eral conditions under which a claimant's disability may be presumed: . !
-£»rtft"0rdei*ed: ^(P .In,tbe abdication of pension claims under said*act of June 27, j.890, as amended, it shall be taken and considered as an evidential fact, it the con. ^ , - trary does not appear, and if all other legal requirements are prop
#B?o?Jdcr fr,y, m^tf A*1^' when a claimant has passed the age of 62 years
off wm, he is disabled one-half in ability to perform manual labor and is
entitled to be rated at six dollars per month; after 65 years at eight dollars per month; after 6S y«ars. at ten dollars per month, and after 70 years' at twelve dollars per month.
"(2> Allowances at higher rate, not exceeding twelve dollars per month, will continue to be.made as heretofore, where disabilities other than age show a condition of inability to perform manual labor.
"(3) This order shall take effect April-13, 1904, and shall not be deemed retroactive. The former rules of the office fixing the minimum and maximum at 65 and 75 years, respectively, are hereby modified as above."
The number of pensioners on the rolls on June 30, 1905, and the total amount paid during the fiscal year ended on that date were as foUows:
States, and Territories,
New Hampshire. .
There were added to the rolls during the year ending June 30, 1905, the names of 51,865 new pensioners, Th© number of pensioners lost from the rolls during the -year was 48,186, showing an increase of 3,679 on the rolls as compared with the close of the fiscal year 1004, The 998,141 pensioners on th© rolls Juno 30, 1905, were classified as follows:
PENSION PAYMENTS AND NUMBER OP PENSIONERS.
Pension payments^ the cost of the pension establishment and the number of penoners carded on the roll from 1865-'66 to 1904-'05 are shown in the following table:
1, 1790, to .Tune 30, 18^.jHsJ>ursenionts for peLslons were 196,445,444.23.
PATENT OFFICE STATISTICS. In 19Q4 there were received 51,108 applications for mechanical nat*n+« «■*« applications for design patents, 157 applications for reiL^s oT^Lts ^524 S plications for registration of trademarks, 1,335 applications for■ rSistrttton 5 labels ana 397 applications for registration of prints There were SQ Spaten? resued, including designs: lit) patents reissued, ana 9, Irs t,nf1^L '* ^J^it"TM an nun:
?^?Sero,^r/eil+eTd for no^paym^* S* &e final" fees 5,413. The tola] receipts" were M,Gu7,.-i2b 53, the expenditures $1.476,000 38, and the surplus of receipts over expenditures >Ibl,32b 15 The total balance to the credit of the Patent Office to the treasury oi the United States on January 1, 1805, was $5,863,860.76.
1 to-every" 3,556; Indiana,
1 to every
415; Maine, 1 Dakota, 1 to every-6,31? 2"; New-Mexico. 1 to every 6,5*0: Florida," l'to every e's'sV Texas, 1 to every 7,34b'; Virginia, 1 to every 7,957; Kentucky, 1 to every 8,420 Tennessee, 1 to every i\4m, and Georgia, 1 to every a,9fc3. The fewest patents granted in proportion to the number of inhabitants were in the following States and Territories; Alaska, 1 to every 31,7150; Hawaii, 1 to every 22,000; South Carolina, 1 to ever;,- 1^,147; Mississippi, 1 to every 17,236; North Carorina, -1 to *>very 13,272; Arkansas, 1 to every 13,115; Alabama, I to every 12,013; Indian Territory, 1 to every 10,887, and Louisiana., 1 to every 10,084.
Of foreign patents, 510 were granted to citizens of Germany; -S30 to those "of Fhgland, 412 to those of ^Canada, 331 J.o those of France^ US fo-those of Austria'
Hungary, -87 to . those of Switzerland,
SO to- those of Scotland, 73 to those of to those of Victoria, 42 to those of B<=1IgiUrm. ^7, to those of Russia, 28 to those of Mexico, 2$ to those of Ireland, 25 to' those of New South Wales, 23 to those of Norway, 22 each to those of Denmark and Italy, 20 to those of the Netherlands. 11 to those of Spain, 10 each to those of India and the TVansvaal, 7 to those of Queensland, 5 each to those of Argentina., Cuba, South Australia and Western .Australia; 4 eaeh to those of Japan and Turkey, 3 each to those of Brazil, Costa Rica and Newfoundland; 2 each to tho^e of Cape Colony, China* Natal, Rumania,. San -Salvador and Tasmania, and 1 meh to those of Africa., Bermuda, Colombia, Ecuador, Guatemala, Isle of Man, Java,. Persia, Peru and Portugal.
The law forbids the granting- of a passport to any persosi not a citisea of the] United States, or loyal resident of an insular possession of the United States. "A if person who has only made the declaration of intention to become a citizen -cannot"'■■ receive a passport. No one but the Secretary ot State .may grant and issue passports in the United States. A person who is entitled to recelvs a passport, if • temporarily abroad, should apply to the diplomatic representative of the United States in-the country where he happens to be, or, in the absence of a diplomatic representative, to the Consul-General of the United States* or, in the absence of both, to u consul of the United States. The necessary statements may be made before the ^nearest consular olHcer. Application for a passport by a person in one of the insular possessions of the United States should be made to the Chlo* Executive of such possession. The evidence required of a person making application abroad or in an insular possession of the United States is the same as that required of an applicant in the United States.
Such application, in the form of an affidavit* mv*t be attested hy an officer authorized to administer oaths. The applicant is required to state the date and place of his -birth, his occupation, the place of his permanent residence, and within what length of time he intends to return to the Unlied States with, the purpose of residing and performing ttie duties of citizenship therein. The applicant must take the oath of allegiance to the Government of the United States, The application must be accompanied by a description stating; the ^following particulars: Age statwre forehead eyes, nose, mouth, chin, hair, complexion, face, and by a certificate from &\ least we credible witness that -Ihe applicant is the person he represent*, himself to he and that the facts stated in the affidavit are true to the best of the witness's knowledge and belief.
A person of the Chinese race, alleging birth in the United States, must accompany his application with- supporting affidavits from at least two credible wltne&sea: preferably not of the Chinese race, having personal knowledge of the applicant'* birth In the United States. A person horn .abroad whose father was a native citizen of the United States m-nat aftow that Mg -fatter was born *n the United States resided
therein, and was a citLzen at the time of the applicant's fcirth. The department may Vequire that this affidavit be supported by that of one other citizen acquainted with the facts. A naturalized citizen must transmit his certificate of naturalization, or a duly certified copy of the court record thereof, with his application. He must state In his affidavit when and from what port he emigrated to this country, what ship he sailed in, where he has lived since his arrival in the United States, when and before what court he was naturalized, and that he is the identical person described In the certificate of naturalization.
If a woman making application is unmarried she should state that she has never been married. If she is the wife or widow of a na.cive citizen of the United States the fact should be made to appear. If she is the wife or widow of a naturalized citizen she must transmit for inspection her husband's certificate of naturalization*, must state that she is the wife (or widow) of the person described therein,, and must set forth the facts of his emigration, naturalization and residence, as required in the rule governing the application of a naturalized citizen. A married woman's citizenship follows that ot her husband so far as her international status is concerned. It is essential, therefore, that a woman's marital relations be indicated In her application for a passport, and that in~*"''.e case of a married woman her husband's citizenship be established. -The child of a naturalized citizen claiming citizenship through the naturalization of the parent must state that be or she is the son or daughter, as the case may be, of the person described in the certificate of naturalization, which must be submitted for inspection, and must set forth the facts of emigration, naturalization and residence, as -required in the rule governing the application of a naturalized citizen. A residenc of an insular possession of the United States who owes allegiance to the United States must state that he owes allegiance to the United States' and that he does not acknowledge allegiance to any other government, and must submit affidavits from at least two credible witnesses having good nieans of knowledge in substantiation of his statements of birth, residence and loyalty.
A passport expires two years from the date of issuance. A new one will be issued upon a new application, and. if the applicant be a naturalized citizen, the old passport will be accepted in lieu of a certificate of naturalization, if the application upon which it was issued is found to contain sufficient Information as to the naturalization of the applicant. When the applicant is accompanied by his wife, minor children or servant who would be entitled to receive a passport, it will be-sufficient to state the fact, giving the respective ages of the children and the allegiance of the servant, when one passport will suffice for all. For any other person in the party a separate passport will be required. A woman's passport may include he'- minor children and servant under the above-named conditions. The term servant does not include a governess, tutor, pupil, companion or person holding like relations to the applicant for a passport. Professional and other titles will not be inserted in passpprts.
By act of Congress, a fee of $1 is required to be collected for every citizen's passport. That amount in currency or postal money order should accompany each application made by a citizen of the United States. Orders should be made payable to the disbursing clerk of the Department of State, Drafts or checks will not be •accepted. Blank forms of application will be furnished by the department. The Secretary of State may refuse to issue a passport to any one who he has reason to believe desires it to further an unlawful or improper purpose,
; Passports are not required in the Argentine Republic, Belgium, Bolivia, Brazil, !Chill, Colombia, Costa Rica, Denmark and possessions. Great Britain and possessions, 'Guatemala, Honduras, Japan, Liberia, Mexico, Nicaragua, Norway, Paraguay, Peru, : Portugal and possessions, Salvador, Sweden and Uruguay. It is recommended, however, that Americans intending to .visit those countries be provided with passports for convenience to travel .without interruption. The laws of the following countries'require that every,-foreigner must be provided with a passport before entering their domains: Austria-Hungary, Dominican Republic, Germany, .Greece, Havti, Netherlands and possessions, Persia, Rumania, Russia, Servia, Turkey and possessions and Venezuela. As a general rule it is wise for persons intending travelling abroad, outside of British dominions, where passports are never demanded, to provide themselves -with passports before leaving the United States. Persons intending to enter Russian 'or Turkish territory should" have their passports vised (countersigned) by a R-ussian or Turkish consular representative in this country before sailing. There is now mailed by the State Department, with each passport issued to a naturalized citizen an unofficial statement showing what his status will be under the laws of the country of
his origin if he returns.
The following classes may obtain registration: (a) Any person,, firm or corporation domiciled in the United States or located in any foreign country which, by treaty convention or law, affords similar privileges to citizens of the United States, and who fs entitled to the exclusive use of any trademark and uses tire same in commerce with foreign nations or with Indian tribes, (b) Any citizen or resident of this country wishing the protection of his trade-mark In any foreign country the laws of which require registration in the United States as a condition precedent. An application for the registration of a trade-mark will consist of a statement or specification, a declaration or oath, and drawing, which must follow rules laid down. These should be preceded by a brief letter of advice requesting registration and signed by the applicant The Statement should announce the full name, citizenship, domicile, residence, and place of business of the applicant (or, if the applicant be a corporation, under the laws of what State or nation incorporated), with r, fall and clear specification of the trademark.'It should state from what time the trade-mark has been used by the applicant th» class of merchandise, and tne Dartictxlar goods comprised in sucii class to which the