Sidebilder
PDF
ePub

taken must be certified under the seal of Section 4705 of the Revised Statutes in a court of record.

Claims for Renewal of Pension. Applications for renewal of pension must be made to the Commissioner by a declaration executed as in original claims, setting forth that the cause for which pension was allowed still continues.

In cases of unclaimed pensions, evidence must be filed satisfactorily accounting for the failure to claim such pension; and, in invalid claims, medical evidence showing the continuance of the disability.

Blank forms of declaration will be furnished by the Pension Office at the request of the claimant.

CLAIMS OF WIDOWS AND CHILDREN.
The Declaration.

The blank form of declaration, with the accompanying notes, which is furnished by the Pension Office upon the request of a claimant, sufficiently indicates the facts which should be stated by the widow or guardian.

Evidence.

The facts relating to the cause of the soldier's death on account of whom the

pension is claimed, including his last illness and date and place of death, should be set forth fully and in detail, and should be proven by the physicians who attended him during his illness; but, when that is impossible, the testimony of other persons who are acquainted with the circumstances may be furnished.

Proof of Marriage in Widow's Claims. The marriage of the applicant to the person on account of whose service and death the claim is made should be shown1st. By a duly verified copy of a church or other public record; or

2d. By the affidavit of the clergyman or magistrate who officiated; or

3d. By the testimony of two or more eye-witnesses to the ceremony; or

4th. By a duly verified copy of the church record of baptism of the children;

or

5th. By the testimony of two or more witnesses who know that the parties lived together as man and wife, and who will state how long, within their knowledge, such cohabitation continued.

Special provision, however, is made by

regard to the character of the evidence which shall be required in the claims of widows and children of colored and Indian soldiers and sailors.

Proof of the Dates of Birth of Children. The dates of birth of children should be proved

1st. By a duly verified copy of the church record of baptism or other public record; or

2d. By the affidavit of the physician who attended the mother; or

3d. By the testimony of persons who were present at the births, who should state how they are able to testify to the precise dates.

If any child of the person on whose account the claim is made died after the date at which the widow's pension will commence, the date of the death must be shown.

CLAIMS ON BEHALF OF MINOR CHILDREN. In claims on behalf of minor children

the guardian must furnish proof upon the following points:

1st. A copy of his letters of guardianship, bearing the seal of the court making tificate of the court that such appointthe appointment, together with the cerment has not been revoked; which certificate should also state the amount of the guardian's bond.

2d. The cause and date of the father's death, the marriage of the parents, and the dates of birth of the children must be proved. When, however, satisfactory proof upon these points has been furnished in the claim of the widow, it will not again be required in the claim on behalf of the minors.

3d. If the mother of the children is dead, the date of her death must be proved. If she remarried, her remarriage must be proved in the same manner that her marriage to the father of the children is required to be proved. If the claim is made on account of the widow having abandoned the children, or on account of her unfitness to have custody of them, the abandonment or unfitness can be shown only by the certificate of the court having probate jurisdiction.

4th. If the mother of the children died before the father, it must be shown whether he again married.

5th. It must be shown whether the father left any other child than those for

whose benefit the claim is made; and, if so, why such child is not embraced in the application. A guardian is not entitled on account of a child which died prior to the date of the application.

CLAIMS OF DEPENDENT RELATIVES.

Dependent Mothers.

A mother must show her relationship, the date and cause of the son's death, and whether he left a widow or minor

children surviving, and her dependence upon him for support at the time of his

death.

In proof of dependence it must be shown that previous to the date of the said son's decease her husband had died, or that he had permanently abandoned her support, or that on account of disability from injury or disease he was unable to support her. If the husband is dead, the date of his death must be proved. If he abandoned the support of his family, the date of such abandonment, and all the facts of the case showing whether he ever returned, or ever after ward contributed to the support of the claimant must be fully set forth. If he was disabled, the nature and cause of the disability, and when and to what extent it rendered him unable to support the claimant, must be shown by the testimony of his physician. The extent of his disability during the period from the son's death to the date of application

should also be shown.

The value of the property of the claimant and her husband, the income which they derived therefrom, and the other means of support possessed by them while she was receiving the contributions of her said son, and from that time forward, should be shown by the testimony of credible and disinterested witnesses, who must state how they know the facts. The value of property assessed for taxation may be shown by the testimony of the officer having possession of the records relating thereto. The true as compared with the assessed value should be stated.

It must be shown to what extent, for what period, and in what manner her said son contributed to her support, by the testimony of persons for whom the son labored, to whom he paid rent, of whom he purchased groceries, fuel, clothing, or other necessary articles for her use, or of those who otherwise had a knowledge of the contributions of the

[blocks in formation]

A father claiming pension on account of the death of his son, upon whom he was dependent for support, must prove

1st. The cause and date of his son's

death; that said son left no widow or minor child surviving him; the cause and extent of his disability during the period in which the son contributed to his support, and from that time to date of application; the amount of his property, and all other means of support possessed by him during that period; and the extent of his dependence upon his in these respects should be shown by son for support. The facts of the case such testimony as is required in the claim of a mother.

2d. The date of his marriage, the date of the death of the mother, and the date of birth of the son must be proved.

In case the mother applied for pension, reference should be made to her application, and the number of the same, or of her certificate, should be given. Evidence upon any point established in her claim will not again be required.

Minor Brothers and Sisters.

The claim on behalf of minor brothers and sisters should be made by a guardian duly appointed, who must furnish the evidence of his or her authority under the seal of the court from which the authority was obtained. He must prove the cause and date of the death of the brother on whose account the claim is made, his celibacy, the dates of death of the mother and father, his relationship to the persons on whose behalf the claim is made, the dates of their births, and their dependence upon the brother for support. If the mother or father applied for pension, the number of his or her application, or of his or her certificate should be given. Evidence upon any point established in the claim of the mother or father will not again be required.

In the administration of the pension laws no distinction is made between

brothers and sisters of the half blood should give a detailed statement of the and those of the whole blood.

Magistrates and Witnesses. All evidence in a claim for pension (other than the declaration) may be verified before an officer duly authorized to administer oaths for general purposes;

but no evidence verified before an officer

who is engaged in the prosecution of the claim, or who has a manifest interest therein, will be accepted. Any officer before whom testimony in a claim for pension may be taken must therefore set forth in his certificate that he has no interest in the prosecution of such claim. The official character and signature of the magistrate who may administer the oath must be certified by the proper officer of a court of record under the seal of

such court.

When the commission of a notary public, or a certified copy of his appointment, with his official seal and signature attached, and the certificate of the clerk of a court or other proper officer to the genuineness of his signature, is filed in the Pension Office, his own certificate, under his official seal, will be recognized thereafter during his continuance in office; but in the absence of such commission, or certified copy of his appointment, an affidavit taken before such officer will not be received in any case unless it be accompanied by a certificate of the proper officer, showing his authority and the genuineness of his signature. When a general certificate as to the authority and signature of a notary has been filed, upon all papers verified before him thereafter, reference should be made to such general certificate.

When a person authorized to act as a deputy of an officer of a court of record administers an oath to a witness, he must sign his own name to the certificate of the fact, and not that of the person for whom he is acting.

It is desirable that the facts required to be proved in the prosecution of a claim for pension should, if possible, be shown by the testimony of other persons than near relatives of the claimant.

Every fact required to be proved should be shown by the best evidence obtainable. Every witness should state whether he has any interest, direct or indirect, in the prosecution of the claim in which he may be called to testify, and give his post-office address.

Witnesses should not merely confirm the statements of' other parties, but they

facts known to them in regard to the matter concerning which they may testify, and they should state how they officer who may take the deposition must obtained a knowledge of such facts. The certify as to his knowledge of the credihow such knowledge was obtained. If bility of the witnesses, and must state they sign by mark, he must certify that the contents of their depositions were fully made known to them before he

administered the oath.

It is desirable that affidavits should be free from interlineations and erasures. When an alteration is made in an affidavit, or an addition is made thereto, it must appear by the certificate of the officer who administered the oath that such alteration or addition was made with the knowledge and sworn consent of the affiant.

In all affidavits from surgeons or physicians, it is desirable that that portion detailing the nature of the disability, dates of treatment, and death, symptoms, and opinions as to connection between diseases, or injury and disease, should be in the handwriting of the party by whom it is signed. The testimony of any person as an expert should be drawn up make such a statement. by some one professionally competent to

The official certificates of judicial officers using a seal, or of commissioned officers of the army and navy in actual davit; but all other witnesses must testify service, will be accepted without affi

under oath.

Attorneys.

Every officer of the United States, or person holding any place of trust or profit, or discharging any official function under or in connection with any Executive Department of the Government of the United States, or under the Senate or House of Representatives of the United States, is prohibited, under a heavy penalty, from acting as an agent or attorney in claim for pension, or from aiding and assisting in any manner, otherwise than in the discharge of his proper offi cial duties, in the prosecution of such claim.

No person can be recognized as an attorney before the Pension Office until he shall have filed the following oath, sworn to before some officer duly authorized to administer oaths for general purposes, whose official character and signature must be certified under seal:

[blocks in formation]

1878.

SURVIVORS OF THE WAR OF 1812.

tion and Government of the United States An honorable discharge is necessary, against all enemies, whether domestic or for- but proof of loyalty is not required eign, and that I will bear true faith, allegiance, in claims under the act of March 9, and loyalty to the same, any ordinance, resolution, or law of any State, convention, or Legislature to the contrary notwithstanding; and, further, that I do this with a full determination, pledge, and purpose, without any mental reservation or evasion whatsoever; and, further, that I will faithfully perform all the duties which may be required of me by law. So help me God.

The revocation of power of attorney, and substitution of another attorney, will not be permitted unless with the consent of the party having original power of attorney, or unless a good and sufficient reason be given for said substitution.

In all claims filed after June 20, 1878, and in claims in which the claimant was not represented by attorney prior to that date, the legal fee is $10, to be collected by the agent or attorney without the interference of the Pension Office or its agencies.

No fee will be allowed in a claim for arrears of pension under Section 4711, Revised Statutes, or in a claim for a new certificate or transfer of payment, or in a claim for reissue to correct an error of action, or made necessary by changes in the law, or to exempt from biennial examinations, except where the attorney shall furnish additional testimony upon a call from the Pension Office material to the point at issue

Any application for pension on account of service in the War of 1812, heretofore made under the act of Congress approved February 14, 1871, granting pensions, etc., or under Sections 4736, 4737, 4738, Revised Statutes, now pending, or which stands rejected, will be treated as filed under the amendatory act approved March 9, 1878, upon the claimant filing with the Commissioner of Pensions a statement, signed by him in the presence of two attesting witnesses, requesting that the claim may be adjusted under the act of March 9, 1878. In such cases new applications will not be required.

New applications must be made before a court of record, or before some officer thereof having custody of its seal, as in other cases, except where, by reason of infirmity of age, the claimant is unable to travel, in which case the declaration may be made before any officer authorized to administer oaths for general purposes. The infirmity must be sworn to by the claimant, and certified to by the officer before whom the declaration is made. Applications for restoration to the rolls under the provisions of March 9, 1878, will be made in the usual form for restoration, and executed as provided in such cases.

INDIAN OFFICE.

This Office was established by the act for administrative examination, and by of Congress of July 9, 1832.

COMMISSIONER OF INDIAN AFFAIRS.

He has the management, under direction of the Secretary of the Interior, agreeably to such regulations as the President of the United States prescribes, of all Indian affairs, and of all matters arising out of Indian relations.

All accounts and vouchers for claims and disbursements are transmitted to him

him passed to the Second Auditor of the Treasury, who, in turn, after examination, certifies the balances, and transmits the accounts to the Second Comptroller of the Treasury for his decision thereon.

He must transmit annually to Congress tabular statements showing the separate objects of expenditure under his supervision, how much disbursed for each object, describing the articles and quantity of each, and giving the name of each person to whom any part was paid, and how

much and for what objects expenditures it is to visit and inspect, twice a year, Infor incidentals or miscellaneous expenses of the Indian service were made during the preceding fiscal year.

He must embody in his annual report the reports of all agents or commissioners issuing food, clothing, or supplies of any kind to Indians, stating the number of Indians present actually receiving the same. Rules are enforced prohibiting the sale of arms or ammunition within any district or country occupied by uncivilized or hostile Indians.

There is a Board of Indian Commissioners, composed of ten persons, appointed by the President solely, from men eminent for intelligence and philanthropy, who serve without pecuniary compensation, but whose travelling and other necessary expenses are paid.

dian agencies. Their examination extends to a full investigation into all matters pertaining to the agency, including accounts, the manner of expending money, the number of Indians provided for, contracts, the condition of the Indians, their advancement in civilization, the extent of the reservations, and what use is made of the lands set apart for that purpose.

Each Inspector has power to examine all books, papers, and vouchers, to administer oaths, and to examine on oath all officers and persons employed in the agency, and all such other persons as may be necessary.

He has power to suspend any agent or employé, and to designate some person in his place temporarily, subject to the approval of the President; and upon the conclusion of each examination a report must be forwarded to the President without delay. He has power, by proper legal proceedings, which it is the duty of the proper district attorney of the Uni

FORCE IN THE INDIAN OFFICE.

This Board has power to supervise all expenditures of money appropriated for the benefit of the Indians; and it is their duty to inspect all goods purchased for Indians, in connection with the Commissioner of Indian Affairs, whose duty it is to consult the Commissioners in making ted States to effectuate, to enforce the purchases of such goods. Any member laws, and to prevent the violation of law of this Board is empowered to investigate in the administration of affairs in the all contracts, expenditures, and accounts several agencies. in connection with the Indian service, and to have access to all books and papers relating thereto in Government any office. All merchandise required by Indians under any treaty, payable after making such treaty, are purchased upon proposals received after advertisement; and all merchandise required at the time of making any treaty must be purchased under the order of the Commissioner of Indian Affairs by such person as he appoints. All other purchases on account of Indians, and all payments to them of money or goods, are made by persons designated by the President for that purpose.

Per Annum. .$3000 2000

Commissioner of Indian Affairs...................................

Chief clerk..........
5 clerks, each...

7

66

66

1 stenographer..
11 clerks, each.

10

10

66

66

66

66
66

8 copyists,

2 assistant messengers, each.
2 laborers, each.

2 special agents, each......

[ocr errors]

1800

1600

1600

1400

1200

1000

900

720

660 2000

INDIAN AGENTS AND AGENCIES.

Per

He is authorized and required, with the approval of the Secretary of the Interior, to remove from any tribal reservation any person being there without at the Warm Springs Agency, Oregon..$1000

authority of law, or whose presence may be detrimental to the peace and welfare of the Indians, and he may employ for the purpose such force as may be necessary to enable the agent thereat to effect the removal of such person.

THE INDIAN SERVICE.

There are three Indian Inspectors, at a compensation of $3000 a year each, and necessary travelling expenses, whose duty

State or
Territory. Annum.

[merged small][merged small][merged small][merged small][ocr errors][merged small][ocr errors][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][ocr errors][ocr errors][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][ocr errors][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]
« ForrigeFortsett »