Orders, instructions, and regulations governing the Pension Bureau

I 1

ORDERS, INSTRUCTIONS, AND
REGULATIONS

GOVERNING THE

PENSION BUREAU
1915

^^i*arihdM*ri

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UNITED STATES GOVERNMENT

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ORDERS
INSTRUCTIONS AND REGULATIONS

GOVERNING THE

PENSION BUREAU

COMPILED BY ORDER OF

THE COMMISSIONER OF PENSIONS

UNDER THE AUTHORITY OF

THE SECRETARY OF THE INTERIOR

1915

WASHINGTON

GOVERNMENT PRINTING OFFICE

1915

H1 ^% — '

— erfe — -•

These orders, instructions, and regulations governing the Pension
Bureau have been very carefully prepared under the personal direc-
tion of the commissioner, who has been given valuable assistance
by the following gentlemen, namely: Deputy Commissioner E. C.
Tieman, Mr. C. M. Yeates, Mr. J. B. Albright, Mr. S. A. Cuddy, Mr.
G. R. Davis, Mr. E. W. Morgan, Mr. T. R. Raines, Dr. A. H. Thomp-
son, Mr. Mortimer Whitehead, and Dr. A. D. Wilkinson.

The numbers of orders have been omitted, because this work is a
codification of aU the regulations arranged in logical order in con-
nection with the various subjects. Instead of two books, as form-
erly, one being for "Orders," the other for "Practice," all of the
regulations on either subject are comprised in this volume.

Gaylord M. Saltzgabee,

Commissioner.

April 5, 1915.

^

ORDERS, INSTRUCTIONS, AND REGULATIONS

GOVERNING THE

PENSION BUREAU.

DEFINITIONS.

1. In detenmning the meaning of the words used in these Orders,
Enstructions, and Eegiilations the singular may be held to include
the plural; the plural the singular; the masculine may apply to the
feminine; the feminine may apply to the masculine; the words "insane
person" and "lunatic" shall include either an idiot, one non compos
mentis, lunatic, or insane person; reference to any "ofiicial" shall
include any person authorized by law to perform the duties of such
office, unless the text shows that such words were intended to be
used in a more limited sense; the requirement of oath shall be deemed
complied with by making affirmation in judicial form; the word
"guardian" shall include tutor or other person judicially performing
the duties of such trust office; "and" may be read "or" and "or"
may be read "and," if the sense requires it; words of the present
may include the future tense; where provision by law is made for
all, and where the word "soldier" is used therein it may be held to
include "sailor" or "marine."

ORGANIZATION OF BTJEEATJ.

For the convenient transaction of the business of the bureau, the
following assignment of duties is made:

2-. The commissioner will supervise the business arising in the
following-named divisions: Medical Division, Law Division, Board
of Review, Finance Division, and Special Examination Division.

3. The deputy commissioner will supervise the business arising
in the following-named divisions: Army and Navy Division, Civil
War Division, Record Division, Certificate Division, and Disbursing
Division.

4. The chief clerk wUl have supervision of the business of the
Mail and Supplies Division, Revolutionary War Section, Admitted
FUes, and Abandoned FUes.

5. All cases involving intricate questions of law or of fact, and all
cases involving a first payment of $500 or more, shall be brought to
the attention of the commissioner by the Certificate Division for his
personal consideration and action.

2 EEGULATIONS GOVERNING PENSION BUREAU.

6. The chief clerk, with the aid of the assistant chief clerk, shall
have control of the personnel of the bureau and see that proper dis-
cipline is maintained; shall have charge of aU papers relating to
appointments, promotions, demotions, transfers, reinstatements, and
dismissals; the preparation of the pay roll, the central accounting
system of the bureau;. the custody, press copying, and distribution
of the decisions and orders of the Secretary of the Interior and the
commissioner, and the preparation of the estimates of appropriations
aflFecting the Bureau of Pensions, and such other duties as may be
assigned to him by the commissioner, or as may be required of him
by law. He shall, as required by law, administer oaths.

7. The assistant chief clerk, in addition to aiding the chief clerk,
shall, in the absence of the chief clerk, perform his duties.

8. The law clerk shall have charge of particular claims which are
submitted to him and advise the commissioner with reference thereto,
and perform such other duties as shall be assigned to him from time
to time by the commissioner.

FUNCTIONS OF DIVISIONS.

9. Board of Review. — Shall be composed of expert examiners, who
shall review and determine all claims for pension before final action
is taken, and shall determine questions of reopening in cases which
have been rejected on legal grounds, and have charge of aU matters
relating to reduction, recovery by recoupment, dropping, and appeals
to the Secretary of the Interior from the action of the bureau, except
appeals in connection with claims under the act of March 3, 1899,
and appeals as to title to fee or recognition as attorney.

The personnel of the Board of Eeview wiU be determined by the
commissioner.

10. Medical Division. — ^The medical referee shall perform such
duties as are prescribed in section 4776, Revised Statutes; shall
issue orders for medical examinations and keep a record of the same;
shall examine and audit the accounts of examining surgeons; shall
determine from the evidence and medical examinations the proper
rates for pensionable disabilities in invalid claims; and shall determine
all medical and surgical questions which may arise in any case,
including that of reopening in cases which have been rejected on
medical grounds.

11. Law Division. — Shall have charge of questions of law, includ-
ing marriage, divorce, and guardianship; matters involving criminal
features and recovery by civil action; matters of division of pensions
under the act of March 3, 1899, including appeals therein; matters
arising in the adjudication of claims under the act of August 8,
1882, and those under the acts of February 20, 1905, and February

EEGtTLATIONS GOVERNING PENSION BUREAU. 3

2, 19G9; matters of discipline of attorneys; questions relating to
attorneys or their fees, when properly submitted, including appeals
therein; shall keep the roster of attorneys, and advise the bureau of
changes therein; determine the validity and suificiency of all decla-
rations, and the particular law under which the same are to be adju-
dicated; shall keep a record of the official character and signature
of officers (not required by law to use a seal to authenticate their
official acts) authorized to administer oaths for general purposes,
noting changes therein; furnish abstracts of evidence and informa-
tion on proper call made by any other branch of the Government;
furnish copies required by the act of August 24, 1912; answer mis-
cellaneous correspondence not properly referable to other divisions;
transmit cases to Congress through the department when required;
transmit pension cases direct to the several committees of Cotigress
on call therefor; report on prospective or proposed legislation affect-
ing pensions; keep record and make reports of special acts granting
pensions; supervise the return of copies and the originals of papers
filed as proof in claims in the Pension Bureau; and shall perform such
other duties as may be required by the commissioner.

12. Special Examination Division. — Shall have charge of cases
requiring special examination in the field; prepare indexes of same;
direct the method of inquiry by special examiners; aid in prose-
cuting ofi'enders against the pension law; and audit the expense
accounts of the special examiners.

13. Army and Navy Division. — Shall have charge of the settle-
ment of all claims for bounty land; shall have charge of all claims
under any law in which there appears a service rendered prior to
March 4, 1861, or a service rendered in the War with Spain, or
in the United States Navy, or in the Coast Guard, or in the Eegular
Army at any time, or in any miscellaneous United States organiza-
tion, and of claims for reimbursement under the act of March 2,
1895, and shall have custody and furnish certificates of all docu-
ments required by act of May 30, 1908.

14. Oivil War Division. — Shall have charge of the settlement of all
claims arising out of the military service during the Civil War,
except claims which are specifically assigned to the Army and Navy
Diyision.

16. Record Division. — Shall have charge of recording, jacketing,
and numbering claims for pensions, and have custody of the records
thereof; shall keep a record and prepare copies required by the act
of May 11, 1912, as amended; shall have charge of reports of the
removal of charges of desertion forwarded to the bureau by the
War Department, and the collection of names and post-ofiice ad-
dresses of surv-ivors of the Army and Navy, and furnishing the same
to the several divisions of the bureau when required; shall flat file

4 REGULATIONS GOVERNING PENSION BUEEATT.

and make card indexes of the documents and claims arising out of
the War of 1812, and shall have custody thereof.

16. Certificate Division. — Shall have charge of issuing, numbering,
and recording certificates granting pensions, designating the groups
at which payable, the granting of permits to draw pension, and the
issuing of duplicate certificates where pension certificates have been
lost or destroyed; and shall have charge of the raters section.

The Certificate Division shall, in transmitting the certificate to the
Finance Division, furnish all proper information not shown by the
certificate itself, such, for instance, as that relating to post-office
address and payee's name where the pension is payable to a person
other than the pensioner, etc.

17. Finance Division. — Shall have charge of the pension roll, and
note all changes therein; shall prepare pension vouchers and voucher
and nonvoucher pension schedules for certification by the Com-
missioner of Pensions to the disbursing clerk for payment; shall
make the administrative examination of all accounts of the dis-
bursing clerk, required by the Dockery Act (28 Stat., 205); shall
make requisitions upon the Treasurer of the United States for funds
for the payment of pensions and fees of examining surgeons; shall
make estimates for appropriations for pensions and of the cost of any
proposed pension legislation; shall keep accounts of pension dis-
bm^ements; shall prepare statements and tabiilations dealing with
matters above enumerated as needed throughout each year, and for
the purpose of the annual report of the commissioner; and shall
drop the names of pensioners from the roll on account of death
and other causes. All reports of admissions to and discharges from
the National Home for Disabled Volunteer Soldiers, the United
States Soldiers' Homes, the United States General Hospital at Fort
Bayard, N. Mex., U. S. Naval Home, Naval Hospital, and the Gov-
ernment Hospital for the Insane shall be appHed by the Finance
Division to the cases to which they relate. Notations on the jacket
of change in group due to transfers shall be made in said division,
and cases shall be referred from that division bo the Law Division
when action is required in the latter division in connection with
claims for division of pension under the act of March 3, 1899.

18. Disbursing Division. — Shall have charge of making, issuing,
and transmitting all checks in payment of pensions upon vouchers,
pay rolls, or schedules furnished by the Chief of the Finance Division;
of the notation and certification of payments upon such vouchers,
pay rolls, and schedules, and the submission of same to the Chief of
the Finance Division for administrative examination; of the can-
celation of checks for any proper cause, and reporting of same to the
Finance Division; of the preparation and approval of indemnifying,
bonds for lost or destroyed checks and the issuing of duplicate

REGULATIONS GOVERNIKG PENSION BUREAU. 5

checks in lieu thereof; of the preparation of daily and monthly
reports showing the amount of payments by classes and the daily
and monthly balances; of the changing of post-ofl&ce addresses of
pensioners; and of all correspondence pertinent to that division.

19. Mail and Supplies Division. — Shall have charge of all sta-
tionery, furniture, typewriters, and other supplies, and the printing,
binding, and engraving of all blanks, record books, pension certifi-
cates, etc., used by the bureau, the special examiners in the field,
and the examining surgeons; shall issue supplies upon properly ap-
proved requisitions, an account being kept with each division and
each employee not assigned to a division; shall fill all properly
approved requisitions made by examining surgeons and special
examiners in the field; and shall have charge apd distribution of
the incoming and outgoing mail.

20. Admitted Files. — Shall contain all cases in which a certificate
has been issued, except those withdrawn for flat filing. Cases shall
be filed in numerical order in two series — one for the invalid and
the other for the widow, minor, and dependent cases.

21. Abandonel Files. — Shall contain all original claims which have
been rejected or in which no evidence has been filed for the period of
one year after call for the same has been made. Upon the receipt
of a qlaim in the Abandoned Files the word "Rejected," or, as may
be appropriate, "Abandoned," shall be stamped on the jacket, and
a file slip made and placed in the pending files showing the disposition
of the case.

CONDUCT OF BUSINESS.

DISCIPLINE.

22. All employees of the bureau, including chiefs and assistant
chiefs of division, shall be required to be at their respective desks ready
for work promptly at 9 o'clock a. m., and must not leave until 4.30
p. m., except for the regular half hour allowed for lunch between
12.30 and 1 p. m., unless otherwise employed on official business, or
excused by proper authority. Absence at any other time during
office hours wiU be noted for deduction from the leave allowance.
Tardiness, whether upon arrival for duty in the morning or on return
after luncheon, must be reported in all cases and proper action had
thereon. No preparation for departure shall be made until 12.30
and 4.30 p. m.

23. Chiefs of division and principal clerks, to whom these rules
also apply, shall require clerks and employees under their charge to
devote their time exclusively to the business of the Government.
If there be a superfiuous force in any division or room prompt report
thereof must be made to the chief clerk in order that such employees

6 EEGULATIONS GOVERNING PENSION BUREAU.

may be assigned to other work. Reading newspapers and books not
pertaining to official duties, preparing private letters, and doing
other writing which is irrelevant to the business of the bureau during
office hours are prohibited. Loitering and entertaining visitors in
the court and corridors of the buUding are also strictly prohibited
and disregard hereof will be considered sufficient cause for dismissal.
Those in charge of the court and corridors should report violations to
the chief clerk.

24. Employees of the bureau will not be admitted to the office
rooms before 8.30 a. m. or after 4.30 p. m., except upon passes
issued by the chief clerk. They shall be required to leave the building
not later than 5 p. m., unless they have passes from the chief clerk
permitting their presence in the building after that hour. All desks
must be left in a neat and orderly condition when vacated at the close
of the day's business.

25. Personal visits to or by clerks during office hours on other than
official business will not be permitted. When such visit is necessary
a clerk must obtain from the chief of his division a permit for his
temporary absence and present the same to the chief of the division
visited. Violations of this rule shall be reported to the commissioner.

26. Female clerks of the bureau will not be permitted upon the
fourth floor of the building at any time.

27. The only parts of the Pension Building which are open to
visitors during business hours are the court, the corridors on the
first and second floors, and the rooms of the commissioner, deputy •
commissioner, and chief clerk. No persons, under any pretext, shall
be allowed to enter .the rooms occupied by the clerical force during
working hours. If for any good reason it is deemed advisable to send
a visitor to a division to see a clerk, the name of the clerk shall be
written on a card and the visitor shall be permitted to see only such
employee, the chief of the division taking up the card. It is the
intention that a card shall entitle the bearer to visit but one division.
As a rule visitors shall not be permitted to see employees during work-
ing hours, except in special cases, and then only upon application to
and permission granted by the chief clerk. AU persons not employed
in the bureau who desire to see any of the employees therein shall be
referred by the watchmen to the chief clerk.

28. No interview for the purpose of obtaining information in-con-
nection with claims on file in this bureau shall be granted by any
employee (except to other clerks in the course of official business)
without the permission of the commissioner, deputy commissioner,
or chief clisrk, and no information touching the conduct and operation
of the bureau shall be furnished the press, or other persons not enti-
tled thereto, by special examiners in the field or clerks in the bureau
proper. Whenever any information of an official character is sought

KEGULATIONS GOVEENING PENSION BUEEAU. 7

by a member of the press or other person he should be told that the
Bureau of Pensions is always open and that his inquiry, if addressed
to the commissioner, will receive proper consideration.

29. Official papers emanating from the office of the Secretary of
the Interior, or any information therefrom, shall not be given to
the public in or through the subordinate offices of the department.
Proper facilities and privileges will be afforded in the Secretary's
office for the promulgation of such matters of public interest as it
may be desirable to publish. This order is not intended to interfere
with the furnishing of decisions for such periodicals as make a spe-
cialty of publishing them.

30. Papers from the files of the bureau must not be intrusted to
anyone not an employee of the bureau to carry from one division to
another or from one room to another.

31. Employees must not undertake to advise or direct claimants
for what disabilities they shall claim pension in order to insure the
success and passage of their claims. The bureau is not established
as a claim agency, and he who prosecutes, or seeks to prosecute
pension claims, must do so from the outside. Offenses of this char-
acter are unpardonable, and their occurrence under any circumstances
will not be tolerated or overlooked.

32. Conversing with outside parties relative to business under the
supervision of the bureau or department is strictly forbidden.

33. It is to be expressly understood that promotions shall be based
purely upon merit. Outside influence interferes with the proficiency
of the service. If the commissioner has reason to believe that a clerk
has resorted to outside influence to secure his advancement it will be
noted to his discredit. Personal apphcations for promotion are
annoying and consume much time which should be devoted to official
business. Employees will materially forward their chances for pro-
motion by strict attention to their duties.

34. The throwing of lunches, lemon and orange peel, etc., out of
the windows or over the balconies is forbidden. Remains from lunches
and other refuse matter shall be placed in proper receptacles which
are on the corridors for that purpose. Nothing is to be put in the
waste basket except waste paper. Mixing broken glass and other
refuse matter with the waste paper is a serious menace to those em-
ployed in packing it and wiU be summarily punished.

On the first of every month the desk of each employee, the ward-
robes, and other furniture shall be thoroughly cleaned out, and all
papers, books, wearing apparel, and other articles which do not per-
tain to official duties, or which are not necessary to the welfare or
comfort of the employee shall be placed on the corridor outside of the
division, so that the superintendent may remove them ; and at all
times the desks shall be kept in such orderly and cleanly condition.
Barricades and screens must not be allowed on top of the desks.

8 REGULATIONS GOVEENING PESTSION BUKEAU.

Chiefs of division are charged with the inspection of desks and
required to enforce strictly the provisions of this section.

35. Smoking on the fourth floor and in the basement of the Pension
BuUding and in the working and toilet rooms is prohibited at all
times; it is allowed in the open court (not set aside for working
purposes) and in the corridors before 9 o'clock a. m., after 4.30 o'clock
p. m., and during the lunch hour. Chiefs of division should by ex-
ample and precept enforce this rule.

36. Employees of this bureau shall be paid only when their divisions
are paid. When they are on leave or an emergency arises, payment
may be made on permission granted by the chief clerk.

37. The Pension Bureau shall not be used as a collecting agency,
or as a refuge for any employee who deliberately contracts debts
upon the strength of his official position and then neglects to pay
the same. Gross or habitual commercial misconduct of an employee
must be regarded as inconsistent with the qualities of character es-
sential to honorable public service and shall be treated accordingly.

38. The use of the telephone for private messages is prohibited
except in case of great emergency, such as death, sickness, fire,
accident, and the like, and then only on permission of the chief
clerk. When permission is granted, the operator shall be informed
that the message is a private one, and it shall not be allowed by the
operator to take precedence of any pending official message, and it
should be transmitted through the division telephone. Pay stations
are installed through which personal business, when necessary during
office hours, may be transacted.

39. Special examiners must comply with the rule requiring that all
official communications intended for this bureau shall be addressed
to the Commissioner of Pensions.

40. Solicitations of money from employees of this bureau for
political purposes are improper and forbidden, and all employees
are advised to pay no regard to them.

41. In the distribution of the messenger force of this bureau the
quota of said force in each division shall, after assignment, be entirely
under the charge of the respective chiefs, who shall make a report
as to their presence or absence daily in connection with the forces
of said divisions.

42. Messengers must report to their respective rooms promptly
at 8.45 a. m. each morning and at once open the windows in the
working rooms of the bureau, keeping thena open for 10 minutes and
closing them promptly at tap of the five-minute bell. They are
also required to see that the working rooms are thoroughly aired
by opening the windows for three minutes at 11 a. m. and 3 p. m.,
the windows to be opened and closed on the tap of the bell. Chiefs

REGULATIONS GOVERNING PENSION BUREAU. 9

of division should see that the ventilation of the working rooms
under their charge at the times above stated is properly attended
to. Before leaving the bureau in the evening, messengers shall
see that the awnings are pulled up and all windows closed and
fastened, carefully noting that the upper sashes are secured, so
that, in the event of a sudden storm after ofl&ce hours, no damage
will be done. It is not a part of the messengers' duties to carry
private messages from one part of the building to another, and
such practice is prohibited.

GENERAL AS TO ALL DIVISIONS.

43. a. When a communication or inquiry as to any pension claim
shall furnish no clue to the identification of said claim other than the
name of the claimant, the Mail and Supphes Division shall return
such communication to -the writer with a request for additional data,
but no return penalty envelope shall be sent to the writer unless the
matter to which the inquiry relates apparently affects the interests of
the Government.

h. Letters alleging fraud on the part of persons on the pension
roU, or in claims for pension shall be forwarded to the Law Division
for proper action; letters giving notice of death of a pensioner shall
be forwarded to the Finance Division.

c. Calls for marriage circulars not with the files must be made on
Form 3-416 to the Mail and Supphes Division, which has the cus-
tody of such circulars.

44. No supplies must be issued to any division or room in the
bureau unless a requisition signed by the head of the division or room,
or by some one duly authorized to sign such requisition, shall bp pre-
sented to the chief of the Mail and Supplies Division.

45. Chiefs of division shall inform the chief clerk and assistant chief
clerk of the death of members of their divisions at the earliest possi-
ble date, giving the hour of demise if known. This is necessary in
order that the report required by the department may be made with-
out delay.

46. a. Chiefs of division shall send to the chief of the Mail and
Supplies Division, on the last day of each month, the names and num-
bers of the typewriting machines in their respective divisions and the
condition* of each by number.

h. A chief of division must not permit a typewriting machine to be
transferred from his division without first having the charge in the
Mail and Supplies Division removed.

INSTKTJCTIONS BY CHIEFS OF DIVISION.

47. All general instructions issued by the chiefs of division for the
transaction of business under their supervision shall be in writing

10 REGULATIONS GOVERNING PENSION BUREAU.

and a copy thereof shall be sent to the chief clerk for his information,
and he shall communicate the same to the chiefs of the other divisions.

48. Any change which is considered proper by a chief of division
affecting the official relations of employees, shall be first communi-
cated by the chief of division in writing to the chief clerk, who shall
submit the same to the commissioner and have his approval before
any change shall take effect.

OFFICIAL COMMtnriCATIONS.

49. Every writing emanating from any division of this bureau
expressing official action, or being in the nature of an ofl&cial commu-
nication proper to be signed by the chief of the division, should be
over his signature, written or stamped, and the same shall show the
initials of the person preparing the same. This direction shall not
apply to the action of an examiner or reviewer noted on a face brief.

50. In aU cases wherein special investigation is called for, the letter
suggesting the same shall be prepared with carbon copy, and both
original and carbon forwarded to the Special Examination Division
with the papers.

51. All correspondence to which the signature of the commissioner
shall be affixed by means of a stamp, shall be finished and the stamp
affixed in the division without sending it elsewhere for that purpose.

52. If, in the adjudication of a claim for pension, it be determined
that the declaration was intended as a claim under a different law
from that under which it is recorded in the Record Division, final
action should not be taken until the records are corrected to show the
proper act. The Board of Review and the adjudicating divisions shall
see that these instructions are complied with.

53. a. Chiefs of division shall make a daily report in duplicate,
one to the chief clerk and one to the commissioner, containing such
information and in such form and maimer as shall be required from
time to time by the commissioner.

&. Chiefs of division shall in like manner make a monthly report
of the work in their respective divisions to the chief clerk.

54. a. Communications not relating to a claim on file, or which
contain charges of irregularities or violations of law, those relating to
claims under the act of March 3, 1899, and those (where there are
doubts) relating to attorneyship and fee, shall be referred to and
answered by the Law Division.

h. Communications relative to bounty land shall be referred to the
Army and Navy Division.

f. Communications relative to a claim on file, unless otherwise
provided, shall be forwarded to the proper adjudicating division.

d. All letters reporting deaths of pensioners shall be forwarded to
the Chief of the Finance Division, who shall make proper record, of

REGULATIONS GOVERNING PENSION BUREAU. 11

the death and furnish any blank declarations that may be proper,
and in claims under the act of May 11, 1912, shall notify the Chief of
the Record Division by a slip giving the name, service, and date of
death.

55. a. AH claims for pension shall be sent to the Law Division for
examination as to validity and sufficiency, the official character of
the authenticating officer, and status of attorney. In case the
applicant for pension announces the death of a pensioner, the Law
Division shall at once send notice in reference to same to the Finance
Division. Original applications for pension shall be forwarded by
the Law Division to the Record Division. The Record Division
shall, after it has completed its action, send .such applications to the
proper adjudicating divisions.

6. Applications for increase of pension shall be sent direct from the
Law Division to the proper adjudicating divisions.

c. Claims for reimbursement under the act of March 2, 1895, shall
be sent through the Law Division to the Army and Navy Division.

d. All requests for blank applications for pension not relating to a
particular case shall be sent to the chief clerk. Other requests shall
be applied to the cases to which they pertain for proper answer.

56. The division applying the notices of death in pending original
claims shall note the death on the jacket with rubber stamp provided
for that purpose.

57. When a subpoena is served upon a special examiner on duty
in the field requiring his attendance as a witness or to assist in the
prosecution of a case arising out of a claim for pension under any of
the United States statutes in a Federal court, he shall comply there-
with and charge his transportation expenses and per diem as if on
regular duty, and shall make prompt report of such occurrences.

DECLARATIONS.

58. If a declaration for pension was executed on the same day the
soldier was mustered out of the service, he shall be required to file his
affidavit showing whether such declaration was sworn to by him prior
to or after his discharge, unless such information is set forth in the
declaration. This is proper to determine the validity of the declara-
tion.

59. To give the soldier the full benefit of the law in his behalf, and
to promote the prompt and efficient adjudication of claims, it is
hereby ordered:

a. Hereafter every claimant for original invalid pension, or on
account of a "mew disability," under the general law (sec. 4692, R. S.),
shall be required to state in the body of the declaration each and every
permanent disability which he claims he contracted in the service in
line of duty, and also to state definitely that the disabihties named

12 EEGULATIONS GOVEENING PENSION BUREAU.

are the only disabilities so contracted. If such statement be not
embodied in the declaration, the claimant shall be required to make it
in a supplemental affidavit before a medical examination shall be
ordered; and this requirement shall also apply to claims heretofore
made and now pending, as they shall be reached in order. Each and
every disabihty of service origin so named should be dealt with as a
ground for pension.

h. All declarations and pieces of evidence when received in the
bureau must be sent immediately to the Mail and Supplies Division,
there to be stamped with the date of receipt, and from there sent to
the proper division. The date of receipt so stamped shall for all
purposes be regarded as the date when such papers are received in
the bureau.

c. Where a second document is filed by the same party, setting
forth the same facts as are in another document acted upon, it should
be disposed of as follows :

(1) If it be an affidavit, or some other paper not amounting to
the dignity of a declaration or application, and which is not counted
as a pending case, it may be ignored and a letter sent to the claim-
ant informing him of that fact.

(2) If it be formal and counted as a declaration or application, and
the benefit invoked has already been fully granted, it should be dis-
missed by the examiner on formal face brief, and his action approved
by the chief of division and the claimant notified.

60. a. The Law Division is charged with passing upon the validity
and sufficiency of all declarations, and if a declaration appears to be
indefinite, or if there is a question as to its purport, it should at once
be referred to the Law Division for consideration.

i. Said division shall conduct all correspondence in reference to
defective, indefinite, or doubtful declarations.

When a document purporting to be a declaration is materially
imperfect because it does not show under what law the claim for
pension is made, or for any other reason it is insufficient in failing
to allege essential facts, the Law Division shall use any information
it may be able to obtain and conduct with the person filin g such
document correspondence necessary to cure any defect.

If the Law Division shall call on the party filing the document for
further information and no response is made within 60 days in the
continental United States, or within six months if the party resides
elsewhere, such document shall be treated as entirely invalid for the
purpose of a claim.

If such document affords sufficient information, it shall be recorded
jacketed, and numbered in the Record Division, being noted as
"indefinite," and returned to the Law Division.

KEGULATIONS GOVERNING PENSION BUEEAXJ. 13

After the failure of the party to make response to the demand of
the Law Division such division may, on a face brief, determine that
"such document is not to be regarded as a vaUd claim for any pur-
pose whatever."

If afterwards ^he same party presents a claim, he shall first file a
proper declaration, and if a pension be subsequently allowed there-
under only that declaration shall be considered.

c. A declaration of a widow, although made on a form of declara-
tion claiming the benefits of the act of June 27, 1890, as amended,
shall, if the same was executed and filed in the Bureau of Pensions on
or after April 19, 1908, be accepted and adjudicated as a claim vmder
the act of April 19, 1908.

MEDICAL EXAMINATIONS.

61. a. No order for medical examination shall be made in original
claims until after the report of the War Department or of the Navy
Department, showing service of soldier, sailor, marine, or other person
shall have been called for and received.

h. All orders for medical examination shall be issued from the Med-
ical Division and notice sent direct to the claimant, and the attorney
shaU at the same time be notified of the fact that the examination has
been ordered.

c. That the bureau may have the benefit of the opinion of more
than one board of surgeons, in any claim for increase of pension the
claimant, when practicable, shall be ordered for examination before
some board of surgeons other than the one by which he was last
examined. Should another examination be necessary in the adjudi-
cation of a claim for original peasion, the same rule shall be observed.

d. No pension claimant shall be examined by the medical referee
or by any surgeon in the bureau except upon the order of the com-
missioner.

e. In ordering medical examinations in invaHd claims great care
shall be taken to include all disabiUties requisite to the proper adju-
dication of the pending claim, so as to avoid the additional expense
and delay both to the claimant and the bureau of holding another
examination because one or more of the disabilities were omitted in
the order to the board of surgeons. Particular care should be exer-
cised to the end that no medical examination shall be ordered when
none is required in the settlement of the question under consideration.

/. When a claimant for original invalid pension on account of a
new disability has been once medically examined, another order for
his medical examination shaU not be issued until the claim has been
legally approved.

g. When, in the opinion of the medical referee, it would work hard-
ship upon the claimant to order him before a medical examining

14 EBGULATIONS GOVERNING PENSION BUKEATJ.

board or a single surgeon, he may, in his discretion, order him before
a civil surgeon.

Ji. When an order for a home, examination has been issued, and
before its execution information reaches the bureau that the apphcant
is dead, such information shall at once be transmitted to the medical
referee to the end that the order may be revoked.

i. Claims which have been legally approved and in which orders for a
test or another medical examination are issued, or amendments to cer-
tificates are called for by the medical referee, shall be forwarded direct
to the proper adjudicating division to await receipt of the certificate
or amendment, as the case may be, and a sHp shall be prepared by
the Medical Division advising the Chief of the Board of Review of
the division to which the papers are referred.

j. Cases in which instructions have been prepared by the medical
referee for special examination on purely medical questions shall also
be forwarded direct to the proper adjudicating division for prepara-
tion and reference through the Board of Eeview for special examina-
tion.

Tc. To give the soldier the full benefit of the law in his behalf and to
promote the prompt and efiicient adjudication of claims, the medical
referee shall see that examining surgeons require each claimant
appearing before them to state each and every disabihty contracted
in the service from which he believes himself to be suffering and
expressly to declare over claimant's signature that he is not subject,
to any other disability of service origin than those enumerated. The
examining surgeons shall examine and repOrt as to all of the disabiUties
named, as well as any other disabilities disclosed, whether alleged or
not.

I. When an invalid claim under the general law shall have been
rejected on the ground that no ratable disabihty exists, due to the
cause or causes alleged, and a claim shall be filed alleging a new dis-
ability, another medical examination shall not be ordered as a matter
of course, because the certificate of medical examination previously
made is presumed to show the applicant's physical condition at that
time and to disclose all the disabilities then existing; but a new
medical examination may be ordered in the discretion of the medical
referee, when satisfactory evidence shall have been filed showing the
existence of such newly alleged disability and the degree thereof.

m. If a claimant is unable to go before a board of examining sur-
geons, he should file the affidavit of a physician showing the cause of
his inabUity to report to the board for examination, the length of
time such disability has existed, and how long it is likely to continue.
Upon receipt of such evidence proper action shall then be taken in his
claim.

BEGULATIONS GOVERNING PENSION BUKEAU. 15

n. Certificates of medical examination that have been rejected by
the medical referee shall not be placed in the brief, but with the unim-
portant papers in the jacket.

0. In a pension claim in which the disability is of such a nature
and the claimant of such an age that it is reasonable to presume
there may be a considerable improvement and possibly entire recov-
ery, a notation should be made on the medical approval as to the
time it is deemed advisable to have another medical examination to
test the then existing degree of disability, and a shp should be sent
to the adjudicating division, so that the claim may be drawn to con-
sider the advisabihty of ordering such test medical examination. If,
however, during the intervening period the claimant has been exam-
ined for increase of pension, such further investigation will probably
be unnecessary.

TESTIMONY OF EXAMINING SURGEONS.

62. Examining surgeons of the bureau may testify in a pension
claim to any matter within their knowledge, provided their infor-
mation is not acquired in their official capacity. They should,
however, state in their certificates all information possessed by them
regarding the disabilities or treatment which they have given any
apphcant who is ordered before them for examination, in this manner
acquainting the bureau with all facts within their knowledge and
relieving themselves of the burden and annoyance of furnishing
affidavits at the soUcitation of applicants to whom they have ren-
dered treatment.

ORIGINAL INVALID CLAIMS.

63. The following practice shall hereafter obtain in the adjudication
of invalid claims, based on disabihty incurred in the miUtary or naval
service of the United States, in line of duty:

a. A full service and medical history shall be obtained from the
records of the War or the Navy Department.

I. Upon the receipt thereof, if the record shows that the disability
alleged did not originate in the service, and in fine of duty, the claim
should be submitted for rejection. If the record be not adverse, the
usual calls shall be made to establish the case legally, and the claimant
shall be ordered for medical examination. If there be doubt whether
the record is adverse from a medical standpoint, the claim should be
submitted to the Medical Division, which shall determine whether a
medical examination should be made. If there be doubt whether
the record is adverse from a legal standpoint, the claim should be
submitted to the Board of Review for an advisory opinion.

c. If, after the certificate of medical examination shall have been
received, the examiner is unable to determine whether a ratable
76704°— 15 2

16 REGULATIONS GOVERNING PENSION BUREAU.

degree of disability is shown, an opinion from the medical referee
shall be asked on that point.

d. Further calls shall be confined to the disabilities shown ratable.
When the case is complete, the entire claim shall be submitted for
final adjudication; that part based on disabiUties not shown ratable
shall be submitted for rejection, subject to the approval of the medical
referee.

e. If it be shown that a ratable degree of disabiUty does not exist
from any cause alleged, the claim shall be submitted for rejection at
once.

/. If the claimant is unable to furnish the required evidence and so

states over his own signature, the claim shall be rejected on legal

grounds.

INCREASE CLAIIIS.

64. a. All claims for increase shall be submitted to the Board of
Review for final action.

6. Claims for increase of pension shall be taken up for consideration
and action at the earliest practicable date after their receipt in the
bureau, and orders for medical examination issued at once — ^unless,
from the nature of the disabihty in any particular .claim, and the
history of the case as shown by previous medical examinations,
reasonable presumption obtains that there has been no material
increase in pensioner's disability since the date of last examination.
In such case the pensioner should be advised that the propriety of
ordering a medical examination wiU be considered if he shall furnish
competent medical evidence showing definitely his physical condition
from all causes for which he is pensioned.

c. An order for a medical examination shall not be issued where the
claimant is in receipt of the maximum rate for a permanent specific
disabihty, the rate in such a case being fixed by law.

d. If a pension under sections 4692 and 4693, Revised Statutes, has
been terminated to allow pension at a higher rate under a subsequent
act, a medical examination shajl not be ordered in an apphcation for
renewal and increase under said sections of the Revised Statutes,
except upon the furnishing of medical testimony as heretofore pro-
vided. If, however, it can reasonably be presumed from the nature
of the disability and the history of the case that the claimant is
entitled to a higher rate under the general law than the rate received
under the subsequent act, medical examination may be ordered with-
out medical testimony.

e. If an application for increase shall be filed before a prior applica-
tion for increase has been disposed of, but subsequent to the medical
examination held thereunder, an order for a medical examination
should not be issued without medical testimony, as heretofore pro-
vided, and pensioner should be so advised.

KEGULATIONS GOVERNING PENSION BUEEATT. 17

/. As a general rule an order for a medical examination should not
be issued without medical evidence showing material increase in pen-
sioned disabilities, if pensioner is in receipt of $17 per month, and he
should be so advised. There may be exceptions to this rule, and
each case should be carefully considered on its own merits before
action is taken therein.

g. Upon receipt of the medical testimony which may be furnished
in response to the rules above noted, the same shall be referred to the
medical referee to determine the question of the sufficiency. If such
testimony is immaterial and does not indicate an increased disability,
the claim shall be rejected and the claimant shall be so advised. If,
however, no testimony shall be filed in response to the communication
from this bureau within six months from the date thereof, the case
shall be forwarded to the Admitted Files and carried on the records
of the adjudicating division as an "Abandoned increase."

Ji. In adjudicating applications for increase of pension under sec-
tions 4692 and 4693, Eevised Statutes, wherein the pensioner is in
receipt of from $17 to $24 per month, inclusive, except in cases of par-
tial deafness, the testimony of the attending or family physician show-
ing the extent to which the claimant is incapacitated for the perform-
ance of manual labor by reason of the disabiUty alleged, independent
of any other disability, shall be called for. If the claimant performs
any manual labor whatever, the character and amount must be shown.

i. In adjudicating claims for pension or increase of pension under
sections 4692 and 4693, Revised Statutes, the rates heretofore fixed
shall be considered as adjudicated and noted upon the face brief, but
where those rates in any case aggregate less than $6 per month, it
shall further be noted that the claimant is entitled to that rate under
the act of March 2, 1895.

j. If a claim for increase of pension is rejected the proper nota-
tion shall be made on the face brief, and if the pension is less than $6
per month it shall also be further noted that the claimant is entitled
to the benefit of the act of March 2, 1895, so that such rate may be
named in the certificate if for some other reason, such as duphcate
certificate, reissue to correct name or service', etc., it is found neces-
sary to issue a new certificate.

Tc. Where, after the rejection of a claim for increase, a doubt
exists as to whether it was properly rejected and another medical
examination of claimant is ordered, such action is in effect a reopen-
ing of the rejected claim, which thereby becomes a pending claim,
and increase may be allowed from the date of the last exammation
if warranted by the degree of disability then existing.

I. Where a soldier dies leaving a pending claim for increase which
is to be rejected on the ground of no examination, or for other cause,

18 REGULATIONS GOVEENING PENSION BUREAU.

and the widow files a claim in her own behalf, the claim for increase
shall not be adjudicated until final action is taken in the widow's
claim.

66. In all special acts granting pension to widows, in which the
amount of pension is fixed by the special act, no increase shall be
allowed for minor children unless provided for in said act, but when
an additional pension is granted by a special act to a widow or
guardian on account of a helpless child, such additional pension shall
in no case affect the rate of pension the widow may be entitled to,
independent of such additional allowance.

NEW DISABIUT7, WHEN NOT CONSIDERED.

66. In claims under sections 4692 and 4693, Revised Statutes,
where increase of pension is claimed by reason of old disabiHty, and
also by reason of naming a new disabiUty which is not declared to
be of service origin or to be the result of the old disability, such new
disabihty shall be ignored and the claim adjudicated as if no mention
thereof had been made.

67. a. In the adjudication of claims under the act of March 3,
1901, and amendments thereof, the provisions of section 4715,
Revised Statutes, shall apply.

6. Claimants shaU have the right of election under that law the
same as pensioners in other cases.

CLAIMS UNDER ACT OF FEBKUABY 6, 1907, OR ACT OF MAY 11,

1912.

68. a. Claims filed under the act of February 6, 1907, or the act
of May 11, 1912, shall be classed and reported as follows:

i. Where no pension has been allowed they shall be treated as
original, act of February 6, 1907, or act of May 11, 1912.

ii. Where pension has been allowed under any other law they
shall be treated as reissue, act of February 6, 1907, or act of May 11,
1912.

iii. Where a certificate has issued under the act of February 6, 1907,
or the act of May 11, 1912, they shall be treated as increase, act of
February 6, 1907, or act of May 11, 1912, respectively.

6. In the adjudication of claims all proper information should be
called for from the War or the Navy Department.

c. AH correspondence seeking information as to age from the claim-
ant should be by letter and in accordance with the circumstances of
the particular case.

d. In the submission of claims under the act of February 6, 1907
or the act of May 11, 1912, the age and date of birth of the apphcant
shall be noted by the examiner on the face brief.

REGULATIONS GOVERNING PENSION BUREAU. 19

69. A declaration under the act of May 11, 1912, which does not
specifically make mention of disability or the "disability clause" of
the act, shall be considered as a claim based on age and length of
service alone, unless it appears from other papers filed that the
intention was to claim under the " disability clause " of the act.

70. Where an application under the act of May 11, 1912, shall
have been adjudicated as a claim on account of age and length of
service, and the claimant upon receipt of notice of such action shall
promptly advise the bureau that his purpose was to claim under the
" disabiUty clause," the case shall be further considered and his right
to pension under said clause determined.

71. In arriving at a conclusion as to the age of a claimant for pen-
sion under the act of May 11, 1912, all the facts shown by the record
should be considered. The conclusion as to what the facts show in
a particular case is not to be a guide or precedent in any other case
except where the facts are exactly parallel. The proving force of
the facts stated in support of a claim is to be determined by their
weight and apparent credibility. The determination of such facts is
to be arrived at by applying the ordinary rules obtaining in courts of
law for arriving at conclusions of fact, from the weight of the testi-
mony adduced, the principal rule being that ordinary judgment shall
be applied in any case. The question of fact is to be determined by
those having charge of the case in this bureau as they would determine
any other question of fact by the application of ordinary good
sense such as intelligent men use in the common and everyday
affairs of life.

72. In determining the period of service withia the meaning of the
act of May 11, 1912, no deductions should be made on account
of ordinary or veteran furlough. Deductions should be made on
account of absence without leave, or while in desertion, in confine-
ment, or in violation of military or naval regulations. Deduction
shall be made of the time during which claimant was undergoing
treatment in hospital, or otherwise absent because of an intentional
self-inflicted wound.

73. Enlistments in volunteer organizations (white or colored)
entered into in loyal States on or before April 13, 1865, and in other
States, the Territories, and the District of Columbia on or before June
1, 1865, were enlistments for the War of the Rebellion, and service
rendered thereunder (in volunteer organizations), is pensionable
service within the meaning of the act of May 11, 1912 (and the kindred
acts of June 27, 1890, May 9, 1900, February 6, 1907, and April 19,
1908), up to date of discharge, but not beyond August 20, 1866.

74. Enlistments in volunteer organizations entered into in the loyal
States after April 13, 1865, and in the other States, the Territories,
and the District of Columbia after Jtme 1, 1865, were not enlistments

20 REGULATIONS GOVERNING PENSION BUEEATT.

for the War of the RebeUion, and service rendered thereunder is not
pensionable service within the meaning of the acts named unless,
first, it is shown to have had some connection with the suppression
of the rebellion, or unless, second, the presumption arises that it had
some such connection by reason of the service being rendered in
hostile territory, namely, the States of Tennessee prior to June 13,
1865, and Virginia, North Carolina, South Carolina, Georgia, Florida,
Mississippi, Alabama, Louisiana, and Arkansas prior to April 2, 1866,
inclusive, or the State of Texas prior to August 20, 1866, inclusive.

75. Service in the Eegular Establishment under an enlistment
prior to April 12, 1861, is to be computed from April 12, 1861. Serv-
ice rendered up to and including July 1, 1865, imder enlistments in
the Regular Army, without regard to the date of enlistment, is pen-
sionable service under the acts named, but service rendered in the
Regular Army after said date, to be pensionable service under said
acts, must be shown to have had some connection with the suppres-
sion of the rebellion. If such service was rendered in the disloyal
States, named in section 74, it is presumed to have been rendered in
connection with the suppression of the rebellion, and, hence, is pen-
sionable service under the acts named so long as the service rendered
was in such disloyal States.

76. Service rendered up to and including July 1, 1865, under en-
hstments in the Navy, without regard to the date of enlistment, is
pensionable service under the acts named, but service rendered in
the Navy after July 1, 1865, to be pensionable service under said
acts, must be shown to have had some connection with the suppres-
sion of the rebellion. If such service was rendered in waters adja-
cent to disloyal States, as heretofore described, it is presumed to
have been rendered in connection with the suppression of the rebel-
lion, and, hence, is pensionable service under the acts named so long
as the service rendered was on vessels in such waters.

77. The word "construed," as used in section 4701, Revised
Statutes, is held to mean "presumed," in the ordinary legal accepta-
tion of the term. This construction is applicable to all pension
cases, including claims for increase and original claims under the act
of May 11, 1912. The soldier is to be credited -with all the time of
service up to the date of discharge or date of disbandment. It is
not required that the soldier should show in the first instance where
he wafi up to the date of disbandment, but the presumption stated
in the law shall be held to apply; however, should it appear in fact
that the soldier was not with his command or in the service, then
the presumption would be overruled and the true state of facts
would control.

78. The adoption of any rules defining pensionable service shall not
of itself operate to reopen any claim for pension heretofore adjudicated
in accordance with the practice existing at the date of its adjudication.

REGULATIONS GOVEENING PENSION BTTBEAXJ. 21

79. In claims based on the length of service of drafted men, in the
absence of record evidence showing the exact date of service of
notice of draft, it shall be presumed that notice was served on the
last of the 10 days allowed by law for service of such notice. If,
however, the evidence in the case establishes a different date of
service of notice, or if the applicant claims and proves that notice was
in fact served at an earlier date, such date shall be accepted. Pen-
sionable service shall not be computed from a date prior to service of
notice of draft.

80. Certificates hereafter issued under the act of May 11, 1912,
shall show the rate to which claimant is entitled, as well as the rate
and time of commencement of any increase to which he may become
entitled by reason of advancing age.

81. In claims under the age and service clause of the act of May
11, 1912, no formal application shall be required except in claims for
original allowance under said act.

82. Increase of pension under the act of May 11, 1912, shall com-
mence from the date the pensioner is shown by the evidence to have
attained the age entitling him to increase.

83. In claims for increase under the act of May 11, 1912, adjudi-
cated prior to the passage of the act of March 4, 1913, wherein certifi-
cates have been issued granting increase from date of filing said claims
as provided by the then existing law, the adjudication thus affected
as to date of commencement of the increase thereby allowed shall not
be disturbed.

84. When the exact date of birth can not be established by an
applicant for pension under the act of May 11, 1912, and amendments,
the approximate date may be fixed by the best obtainable evidence.

86. Where it clearly appears that the claimant has passed the
maximum age of 75 years at the date of filing his original claim, his
allegation as to date of birth shall be accepted without further proof.

86. When an increase is claimed and allowed under the disability
clause of the act of May 11, 1912, the increase shall commence from
the date of filing the declaration or affidavit claiming the same, and
upon which declaration the claim is adjudicated.

87. If an applicant for pension under the act of May 11, 1912, is, at
the time of filing the claim, in receipt of a greater rate of pension
under some other law than he is entitled to receive by reason of age
and length of service under this act, the claim should be rejected.

88. In the consideration of claims under the act of May 11, 1912,
as amended by act of March 4, 1913, if it be found by the reviewers
that the applicant has not reached a beneficial age, when adverse
action is taken the accepted date of birth should be included in the
approval on the face brief. When the claimant is notified of the

22 REGULATIONS GOVERNING PENSION BUREAU.

adverse action, he must also be advised of the date of birth indicated
by the evidence. The date of birth, as thus determined, shall govern
future action, unless it is subsequently clearly shown that the deter-
mination was erroneous.

89. a. Immediately upon the receipt of a request from a pensioner
for increase under the act of May 11, 1912, as amended by the act of
March 4, 1913, the papers in the case shall be drawn and examined for
the purpose of determining whether he is a pensioner under the said
act and whether there is basis for increase thereunder. If it be shown
that he is a pensioner under said act at an age less than 75 years, such
request shall be filed in the order of date of receipt and shall be taken
up for consideration in the proper order.

b. If a pensioner is not on the rolls under the act of May 11, 1912,
appropriate response shall be made to the request at once.

90. a. When a pensioner under the act of May 11, 1912, whose
claim has not been adjudicated under the act of March 4, 1913, calls
up his^case by letter or otherwise, and it is indicated by his statement
or the papers in the case that he will reach the next beneficial age
within three months from the date when his communication comes to
hand, steps should be taken to reissue his certificate, without unnec-
essary delay, to allow the benefit of the automatic increase of rates.

i. When such communications are received where the attainment
of the next beneficial age is more than three months in the future, the
adjudicating divisions shall keep such memoranda of the cases in
question as shall enable the bureau to take them up for adjudication
at the proper time without further notice from the claimant.

91. a. Where the year of a pensioner's birth has been estabhshed
or fixed, or can now be fixed to the satisfaction of the biu-eau from
evidence on file in his claim under this or any other law or ruling, such
year shall be accepted without placing a further burden upon the
claimant by requiring cumulative evidence.

h. The year being settled, claimant's sworn statement as to day
and month may be accepted.

c. When a letter of rejection is written, if the facts indicate
that he will in future reach a beneficial age, he should be advised of
his right to execute and file another claim at the proper time.

92. Form of letter to be used where applicant will in future reach
an age entitling him to a beneficial rating:

Your claim for pension under the act of May 11, 1912, based on age and length of

service, is rejected on the- ground that you are receiving under another law $

per month, which is a greater rate than you are entitled to receive on account of
age and length of service.

When you reach the age of years, which it appears will be (date),

you will be entitled to a beneficial rate for age and length of service, and will then
be at liberty to execute and file another claim.

REGULATIONS GOVERNING PENSION BUREAU. 23

93. If the applicant was at the time of filing his claim under the
act of May 11, 1912, and amendment of March 4, 1913, receiving under
another law the same rate he was entitled to receive under said act,
the claim should be rejected. If he has since filing reached an age
that would entitle him to a greater rate, certificate should issue.

Should the apphcant, after he has been notified of the rejection,
state that he desires a certificate should issue under said act, even
though it confers no benefit, the claim should be reopened for further
consideration.

The letter to be used may be in the following form :

Your claim for pension under the act of May 11, 1912, is rejected on the ground

that you are now receiving under another law $ per month, which is the same

rate you are entitled to receive on account of age and length of service.

When you reach the age of — years, you will be entitled to an increase of pension
on account of age and length of service, and will then be at liberty to make written
request for the beneficial rate.

94. Whenever the chief of a division or an employee of this bureau
obtains information that one wlio is now a pensioner because of age
and service is entitled to a higher rate, such information should be
used and the pensioner rated according to his age and service, even
if a letter be not received or other notice given.

95. Where, in a claim under the disability clause of the act of
May 11, 1912, the disability shown as of service origin by other
documents on file appears to be of such a nature as to warrant the
presumption that claimant is entitled to the benefit of the "disability
clause," an order for medical examination may issue at once by the
medical referee without requiring further medical evidence.

96. In cases under the disability clause of the act of May 11, 1912,
wherein the presumption indicated in the prior section does not
obtain, the testimony of the attending or family physician shall be
required, showing the extent to which the claimant was incapacitated
for the performance of manual labor by reason of disabilities shown
of service origin (naming them) , independent of any other disabihty,
on the date of filing the application.

97. An order for medical examination shall not issue in cases where
the claimant is in receipt of a pension, or was a pensioner under the
general law on account of a specific disability, where no complications
are alleged and shown. \

98. a. AH claims for pensions under the disability clause of the
act of May 11, 1912, shall be submitted to the Board of Eeview for
approval for disabilities established as of service origin, as well as
for consideration and approval for age and length of service. If
approved for disabilities and not allowed at the maximum rate for
age and length of service, the board shall forward cases to the Medi-
cal Division for issuance of order for medical examination, or for re-
jection, as the case may be.

24 KBGULATIONS GOVERNING PENSION BUREAU.

h. The Medical Division shall be the sole judge as to the sufficiency
of the evidence submitted to warrant a medical examination, or to
establish the degree of disability.

c. If an order for medical examination is issued, the case shall be
returned to the adjudicating division to await the receipt of the
certificate of medical examination. Upon receipt of such certificate
the case shall be returned to the Board of Review for current date
and thence to the Medical Division for medical action.

d. If an order for medical examination is not warranted, rejection
shall be made by the Medical Division and the papers returned to
the Board of Review. If further evidence is deemed necessary by
the medical referee before taking action, the papers shall be returned
to the Board of Review, indicating the character of the evidence
required, and the board shaU transmit the case to the adjudicating
division to call for such evidence.

99. In aU claims rejected by the Board of Review under the dis-
ability clause of the act of May 11, 1912, and coming up for consid-
eration for reopening, with a view to issuing an order for medical
examination, formal action of reopening shsiU be taken by the chief
of the proper adjudicating division and indicated on a reopening
face brief, and when the claim is ready for action by the Medical
Division the papers shall be submitted for the action of that division
on the same face brief.

CALLS UPON THE CENSUS BUREAU.

100. a. In claims for pension where age is a factor and is in ques-
tion, where the evidence relating thereto is conflicting and the age
can not otherwise be satisfactorily determined, calls may be made
upon the Census Bureau for information as to age. Proper informa-
tion from the Census Bureau may be called for in any case. Such
calls shall be made only by direction of the Board of Review or of the
commissioner.

h. In submitting a case to the Board of Review which the examiner
believes may require a call upon the Census Bureau to aid in the
proper determination of the age, a memorandum to that effect
should be attached underneath the face brief by the examiner.

CLAIMS UNDER FIRST SECTION OF JOINT RESOLUTION OF JULY 1,

1903.

101. Upon the receipt of any request of a claimant for readjudica-
tion of his invalid claim to pension under the resolution named, the
case shaU be drawn from the files and the soldier advised by the
bureau to file an affidavit for the purpose of identification and for a
proper readjudication of his claim (except in cases where declarations

KEGULATIONS GOVERNING PENSION BUREAU. 25

under the said joint resolution have already been filed), setting forth
the number of his former pension certificate, the Union and Con-
federate service rendered by him during the War of the Rebellion,
whether he rendered any military or naval service either before or
since said war, the nature of the permanent disabihties from which
he suffered at the time of dropping his name from the roll, and whether
the same were due to- vicious habits; his occupation and place of his
residence since that time, and his present post-office address.

102. In the claims of widows and minors, where no declaration
under the joint resolution has been filed, a like affidavit shall be called
for, setting forth the number of the former pension certificate, of
services rendered by the soldier, whether the widow has remarried
since the date of dropping her name from the rolls, and whether all the
minor children are still living.

103. In widows' and minors' cases it must be shown by evidence
whether title has lapsed by reason of remarriage of the widow or
death of the minor children.

104. The joint resolution does not for pmrposes of accrued pensions
under the act of March 2, 1895, revive the pension of a former pen-
sioner or make pending any claim of an applicant for pension who
died prior to the passage of the joint resolution.

CLAIMS UNDER ACT OF MARCH 3, 1899.

Claims for division of pension under the act of March 3, 1899, will
be adjudicated in accordance with the following rules:

106. Claimants will be required to file with their declarations proof
in support thereof sufficient to establish a prima facie case under the
law.

106. a. When a claim is filed under the act of March 3, 1899, Form
No. 3-945 shall be filled out and forwarded to the proper adjudicat-
ing division, where it shall be placed in the files, and thereafter all evi-
dence received in the adjudicating division in the claim under the act
cited shall be at once forwarded to the Law Division.

h. When the claim under the act of March 3, 1899, shall have been
finally disposed of the adjudicating division shall be so informed and
directed to destroy the said notice.

107. Where the claim is filed by the wife, alleging that the pensioner
has deserted her for a period of over six months subsequent to March 3,
1899, and prior to the execution and filing of the declaration, the
declaration must be accompanied by evidence showing that she is
the wife of the pensioner; that the pensioner has deserted her for
the period alleged in the declaration; and that she is a woman of
good moral character and in necessitous circumstances.

108. Where the claim is filed by a wife, aUegmg that the pensioner
is an inmate of a State home for soldiers or sailors, the declaration

26 EEGULATIONS GOVERNING PENSION BUREAXT.

must be accompanied by evidence showing that the claimant is the
wife of the pensioner; that she is a woman of good moral charactw;
that she is in necessitous circumstances; and that she is not also
an inmate of the same institution or of some home provided for the
wives and children of soldiers and sailors.

109. Where the claim is filed by the wife, alleging that the pen-
sioner is an inmate of a National soldiers' home, the declaration
must be accompanied by evidence showing that the claimant is the
wife of the pensioner; that she is a woman of good moral character;
and that she is in necessitous circumstances.

110. Where the claim is filed by or on behalf of the minor child or
children, under 16 years of age, of a pensioner, alleging that pensioner
has deserted said child or children, the declaration must be accom-
panied by evidence showing the marriage of the parents; the date
of birth of each child; death or divorce of the mother of the minor
chUd or children, or that she has no title under the said act; that
the pensioner has deserted such chUd or children for the period
alleged; and in the event of the death or divorce of the mother of
the minor chUd or children, that the pensioner had not remarried
prior to the statutory date of desertion, or that his present wife
has no title under said act.

111. Where the claim is filed by or on behalf of the minor child
or children, under 16 years of age, of 'the pensioner, alleging that
the pensioner is an inmate of a State home for soldiers or saUors,
the declaration must be accompanied by evidence showing the
marriage of the parents; the date of birth of each child; the death
or divorce of the mother of the minor child or children, or that she
has no title under the act of March 3, 1899; in the event of the death
or divorce of the mother, that the pensioner had not remarried
prior to the statutory date of entrance into the home, or that his
present wife has no title under said act; and that the children are
not also inmates of the same institution or of some home provided
for the wives and children of soldiers and sailors.

112. Where the claim is filed by or on behalf of the minor child
or children, under 16 years of age, of the pensioner, alleging that
the pensioner is an inmate of a National soldiers' home, the declara-
tion must be accompanied by evidence showing the marriage of
the parents; the date of birth of each child; the death or divorce
of the mother of the minor child or children, or that she has no title
under the act of March 3, 1899; and, in the event of the death or
divorce of the mother, that the pensioner had not remarried prior
to the statutory date of entrance in the home, or that his present
wife has no title under said act.

113. Where the claim is filed by or on behalf of a permanently
helpless and dependent chUd of a pensioner, alleging that pensioner

REGULATIONS GOVERNING PENSION BUREAU. 27

has deserted such child, the declaration must be accompanied by-
evidence showing the marriage of the parents; the date of birth of
the child; the death or divorce of the mother of the child, or that
she has no title under the said act; that the pensioner has- deserted
such child for the period alleged; that the child is permanently-
helpless and dependent; and in the event of the death or divorce
of the mother of such child, that the pensioner had not remarried
prior to the statutory date of desertion, or that his present wife has
no title imder said act.

114. Where the claim is filed by or on behalf of the permanently
helpless and dependent chUd of a pensioner, aUegiag that the pen-
sioner is an inmate of a State home for soldiers or sailors, the decla-
ration must be accompanied by evidence showing the marriage of
the parents; the date of birth of the child; the death or divorce of
the mother of such child; that such child is permanently helpless
and dependent; in the event of the death or divorce of the mother
of said child, that the pensioner had not remarried prior to the
statutory date of entrance into the home, or that his present wife
has no title under said act; and that said child is not also an inmate
of the same institution or of some home provided for the wives and
children of soldiers and sailors.

115. Where the claim is filed by or on behalf of a permanently
helpless and dependent child of a pensioner, alleging that the pen-
sioner is an inmate of a National soldiers' home, the declaration
must be accompanied by evidence showing the marriage of the
parents; the date of birth of the child; the death or divorce of the
mother of such child; that she has no title under the act of March
3, 1899; that such child is permanently helpless and dependent; and,
in the event of the death or divorce of the mother of said child, that
pensioner had not remarried prior to the statutory date of entrance
into the home or that his present wife has no title under said act.

116. A declaration, unaccompanied by evidence as indicated herein
sufficient to establish a prima facie case, shall not be considered as
conferring any right upon the claimant, or as serving notice upon
the bureau sufficient to warrant the suspension or the withholding of
any part of the pension due or o-vving to the pensioner. Such a decla-
ration, when received, shall be promptly returned to the claimant,
with a statement indicating the evidence necessary to complete the
application. The evidence accompanying such declaration, if any,
shall be retained in the bureau, and upon the return of the declaration
with the evidence necessary to make a prima facie case the claim
shall be filed and jacketed.

117. a. Upon the filing by the -wife, minor child or children, or by
the permanently helpless and dependent child of the pensioner of a
declaration, accompanied by sufficient evidence to estabhsh a prima

28 EEGULATIONS GOVERNING PENSION BUEEAU.

facie case under the act of March 3, 1899, the Chief of the Finance
Division shall at once be instructed to cause payment of one^haK the
pension due and unpaid, and thereafter to become due the pensioner,
from the date of statutory desertion or of entrance into a State or
National soldiers' home, and during the pendency of the claim under
said act, to be suspended.

h. The Chief of the Finance Division, upon receipt of an order to
suspend payment of one-half pension to a pensioner, shall make a
record entry of the same and shall promptly acknowledge receipt
thereof, and thereafter no payment of the one-half pension shall be
made to any person until further directed by the Commissioner of
Pensions.

c. In case the pensioner is an inmate of a National soldiers' home,
the treasurer of said home shall, on the same date of the order of sus-
pension to the Chief of the Finance Division, be duly advised through
the governor of said home of such order of suspension. If on the
date of the receipt of said order by the treasurer of the home he shall
be in possession of any unexpended pension money drawn in the
pensioner's behaK, or to which the pensioner became entitled during
his residence in said home subsequent to March 3, 1899, the treasurer
shall withhold and retain possession of one-half of such unexpended
pension money, subject to the future orders of the Commissioner of
Pensions.

118. In all cases filed under the act of March 3, 1899, and allowed,
the claimant, within the period covered by title as established, is
entitled to one-half of so much of the unpaid pension as is due or
owing to the pensioner at the date of the fihng of the declaration,
and covering the period from the date of the statutory desertion,
subsequent to the passage of the act of March 3, 1899, or covering
the period from the entrance of the pensioner into a State soldiers'
or sailors' home, or a National soldiers' home, subsequent to the pas-
sage of the act of March 3, 1899. In cases of desertion, where the
desertion occurred prior to the passage of the act of March 3, 1899,
the date of statutory desertion shall be accepted as March 4, 1899.
In cases where the desertion occurred subsequent to March 3, 1899
(the date of the passage of the act), the date of the actual desertion
shall be accepted as the date of the commencement of the statutory
desertion. No right can accrue to a wife claimant until the pen-
sioner has been in actual desertion for a period of over six months
prior to the execution of her declaration, and no right of appHcation
by a wife, under the act, can accrue on account of desertion, until
six months have expired from the date of such desertion.

119. In cases filed under the act of March 3, 1899, where the pen-
sioner is an inmate of a State soldiers' or sailors' home, or a National
soldiers' home, the actual date of entrance into the home subsequent

REGULATIONS GOVERNING PENSION BUREAU. 29

to March. 3, 1899, shall govern. If at the date of the passage of the act
the pensioner was an inmate of a State soldiers' or sailors' home or a
National soldiers' home, March 4, 1899, shall be considered as the statu-
tory date of the pensioner's entrance into the soldiers' home, and pay-
ment, if the claim is allowed, shall be one-haK of so much of the pen-
sion as remained impaid and due and owing to the pensioner at the
date of the filing of the declaration.

120. Where an increase of pension is allowed a pensioner subse-
quent to the allowance of a claim under the act of March 3, 1899, the
beneficiary shall be entitled to one-half of only so much of the pension
as is due the pensioner covering the period subsequent to the statu-
tory desertion established in the claim, or subsequent to the date of
the entrance of the pensioner into the soldiers' home subsequent to
the passage of the act of March 3, 1899, and within the period covered
by title as established.

121. As promptness in the adjudication of claims filed under the
act of March 3, 1899, is imperative, to avoid vexatious charges
against one or the other, both the claimant and the pensioner shall
be required to answer promptly calls made for evidence.

122. Where a prima facie case under the act of March 3, 1899, has
been filed, the pensioner shall receive the usual notice of the filing of
the claim, and shall be allowed 30 days, as herein provided, from the
receipt of said notice, to answer the allegations made therein. Where
pensioner has made answer under oath, the substance of his allega-
tions, with the evidence filed in support thereof, if any, shall be fur-
nished the claimant, and thirty days allowed for reply thereto.
Should the claimant fail to complete the claim, or fail to give satis-
factory reason for so doing, the case should be rejected, on the
ground that claimant has failed to estabhsh title within the meaning
of said act.

123. Where the pensioner receives the usual 30-day notice of the
filing of the claim under the act of March 3, 1899, and fails to make
answer within 30 days from the receipt thereof, he shall be considered
as waiving his right of answer, and the registry return receipt card,
or other evidence, showing his receipt thereof, shall be considered
as proof of service upon him of notice of the fiUng of the claim and
his waiver of answer thereto.

124. Upon the adjudication of a claim under the act of March 3,
1899, the bureau shall promptly notify both parties of the action
taken, by registered letter, informing both that 30 days from the
mailing of said notice will be allowed for the purpose of appealing
from the decision of the bureau, and there shall be inclosed, to both
claimant and pensioner, a copy of Kules of Practice in such appeals.
No payment shall be made until the expiration of said 30 days, unless
the right of appeal shall be sooner waived: Provided, however, That

30 REGULATIONS GOVERNING PENSION BUREAU.

the unexplained failure of a pensioner to appear, answer, or in any
way plead to the claimant's application, after due notice thereof,
shall be deemed a waiver of his right of appeal to the extent that,
if the claim is allowed, final orders for division of pension shall issue
at once.

126. Upon the filing of an appeal, in accordance with the rules of
the department, payment shall be further suspended, pending the
decision of the department upon the appeal, as required by such rule.

126. If no appeal is filed within 30 days from the date of mailing
formal notice of bureau action to the parties, payment shall be made
in all cases allowed, and suspension of payment shall be removed in
all cases rejected, and the full amoimt of pension restored to the pen-
sioner in the last-named cases.

127. Any and all payments of one-haK the pension to any of the
beneficiaries named in the first three provisos of said act of March 3,
1899, shall hereafter be made by and through the disbursing clerk,
and, in future, no payment shall be made to any of said beneficiaries
by the treasurer of a National soldiers' home, except one-half of so
much of the pensioner's pension as shall be in the hands of the treas-
urer of said home, and unexpended, at the date of filing the claim
under said act, in which case the treasurer shall withhold and dis-
burse upon the order of the Commissioner of Pensions.

128. Applications for reconsideration or reopening of the bureau
action in cases under the first, second, or third provisos of the act
of March 3, 1899, should be in the form of a motion, or petition,
stating briefly, but specifically, the groimds upon which the applica-
tion is based, and which, if true, would warrant a modification or
reversal of the bureau action. The motion should be accompanied
by evidence sufiicient, if true, to establish the grounds for reconsid-
eration, or reopening, relied upon by the applicant, and by due proof
of service of copies of the motion, or petition, and the supporting
evidence upon the opposite party or his or her attorney.

Proof of service must be such as shall satisfy the bureau that the
opposite party has been informed of the motion, or petition, and the
supporting evidence, and may consist of, first, a written acceptance
of service by the opposite party or his or her attorney of record; or
second, a postal registry return receipt card signed by the opposite
party or attorney of record, accompanied by an afl&davit showing
that on a certain date copies of the motion, or petition, and the
supporting evidence were mailed in a registered letter, post paid; to
the opposite party or the attorney of record, addressed to a certain
post ofiice (naming it) ; and that the card was returned in acknowl-
edgment of receipt of such letter; or third, an afl&davit, showing that
on a certain date and at a certain place copies of the motion or

REGULATIONS GOVERNING PENSION BUREAU. 31

petition, and of the supporting evidence were personally delivered to
the opposite party or his or her attorney of record.

Applications for reconsideration, or reopening, not conforming to
the foregoing requirements, or showing satisfactory reason why per-
sonal service can not be made, shall not be considered by the bureau,
but shall be promptly returned to the apphcant or his or her attorney
of record, for compUance therewith.

129. a. Upon the filing of an apphcation for reconsideration or
reopening, conforming to the requirements of the foregoing rule, pay-
ment of the one-half pension in question shall be suspended pending
the adjudication of such application.

&. The papers in claims under the act of March 3, 1899, should
during the pensioner's lifetime, be kept separate and apart from the
invalid papers, in the prescribed jacket, properly fastened.

CLAIMS XTNDEB ACT OP MAY 30, 1908.

130. The certificate of the Chief of Army and Navy Division shall
be accepted as showing, in the case of any individual claimant, the
facts as to whether service was rendered, payment therefor made by
the State of Texas, and said State reimbursed for such payment by the
United States.

CLAIMS TJNDEIl ACT OF FEBRUARY 19, 1913.

131. a. The act of February 19, 1913, is construed to include those
survivors of Indian wars who have estabhshed, or may hereafter
establish, title to pension under the acts of July 27, 1892, June 27,
1902, or May 30,^ 1908.

h In the case of pensioners on the roll February 19, 1913, who had
established title to pension under said acts, but who were in receipt of
a pension of less than $20 per month under some other law, new certi-
ficates shall issue showing the increased rate provided by the act of
February 19, 1913, and a letter from, any such pensioner shall be suffi-
cient to cause a case to be taken up for that purpose.

c. In the case of pensioners or claimants who have not established
their title to pension imder said acts, and who may be entitled to the
benefits of the act of February 19, 1913, a valid declaration shall be
required, unless one has already been filed.

d. In all cases where pensioners or claimants are found to be
entitled to th& benefit of the act of February 19, 1913, the increased
ra,te of $20 per month shall commence on February 19, 1913.

BOUNTY LAND WARRANTS.

132. a. Upon the issue of an original or duplicate bounty land
warrant, the same shall be dehvered personally or forwarded to the
claimant by registered mail, and the receipt card shall thereafter be

76704°— 15 3

32 KEGULATIONS GOVERNING PENSION BUREAU.

filed with the papers in the claim and be accepted as prima facie
evidence of the delivery of the warrant to the claimant.

I. In no case shall a bounty land warrant be delivered to any other
person than the claimant, nor shall the delivery be made in any other
way than as provided in this section.

133. a. In forwarding a bounty land warrant to the claimant there
shaU be inclosed therewith a blank form for a receipt for the warrant
to be signed by the claimant and returned to the bureau for filing in
the case, and the claimant's attention shall be invited to the provi-
sion of sections 2414 and 2436, Eevised Statutes, and to the provisions
of the act of July 4, 1884, relative to attorney fees in bounty land
claims.

6. The attorney of record in the claim shall be notified of the issu-
ance and delivery of the warrant.

CLAIMS ON ACCOUNT OF BATTLESHIP "MAINE."

134. In claims for pension arising out of destruction of the U. S. S.
Maine on February 15, 1898, declarations executed and filed sub-
sequent to the discharge or. death of the person upon whose service
a claim is based shall be accepted as valid without regard to whether
the claimant is or is not entitled to be a beneficiary under section
2, act of March 30, 1898. Pensions allowed such beneficiaries must
not commence prior to February 16, 1899, as provided in section 4

of said act.

REGULAR ESTABLISHMENT.

135. All claims for pension based upon death or disability incurred

in the Regular Army, Navy, or Marine Corps of the United States,

between July 1, 1865, and April 21, 1898, and subsequent to July 4,

1902, shall be charged to a separate class to be known as "Regular

Estabhshment."

LINE OF DUTY.

136. In claims for pension where disability or death is alleged to
be due to a disease chargeable to the service, if the existence of the
disease is satisfactorily shown in the service as alleged, and if it
does not appear' that the soldier or sailor was absent when the same
was incurred and there is nothing adverse to its origin, line of duty
may be presumed.

CLAIMS UNDER DIFFERENT LAWS. ELECTION AND RE STORATION.

137. No claim for pension shall be deemed to have reached final
adjudication until all evidence necessary for a legal adjudication
has been obtained and a legal approval or rejection had upon such
evidence.

REGULATIONS GOVEHKIWG PENSION BUEEATJ. 83

138. Where, in a claim for pension, the title established is to an
equal or less rate than that which the applicant is already receiv-
ing under some other law, it shall be dealt with as provided in sec-
tion 93.

139. In the event that a claimant is accorded a rating under the
act of June 27, 1890, as amended by the act of May 9, 1900, or under
the act of April 19, 1908, but is already on the rolls at a higher rating
under sections 4692 and 4693, or 4702 and 4703, Eevised Statutes,
he or she shall be notified of the action taken in the pending claim
as follows:

You are infoimed that the above-entitled claim for pension under the act of

has been approved at $ per month, but as been pensioned

under sections and , Revised Statutes, at $ per month, from

, tor the reason that it confers no benefit, an issue will not be made under the

act of , unless should desire to surrender pension under

sections and , Revised Statutes, and request. . the issue of a certificate

under the act of

If request. . issue of certificate under the act of , a fee

of $ will be deducted from the pension allowed under such issue, to be paid

to attorney , of

140. In the event that a claimant is accorded a rating under sec-
tions 4692 and 4693, or 4702 and 4703, Revised Statutes, but is
already on the rolls at a higher rating under some other law, he or
she shall be notified of the action taken in the pending claim as
follows:

You are informed that the above-entitled claim for pension under sections

and Revised Statutes, has been approved at $ per month, from ,

on account of , but as been pensioned under the act of

, at $ per month, from , f or the reason that it confers

no benefit, an issue will not be made under sections and , Revised

Statutes, unless should desire to surrender- pension under the act

of , and request. . the issue of a certificate under sections and

, Revised Statutes.

If request. . the issue of a certificate under sections and ,

Revised Statutes, a fee of $ will be deducted from the pension allowed under

such issue, to be paid to attorney , of

141. Nothing under this title shall be so construed as to delay
the final adjudication of any claim to await completion of any other
claim pending in behalf of claimant.

142. Gaims pending under sections 4692 and 4693, Revised Statutes,
in which medical examination faUs to show a greater rate for disabili-
ties alleged tmder said sections than the pensioner is receiving under
a subsequent act, shall be referred to the medical referee by the chief
of the adjudicating division for an opinion as to the rate radicated.
If the opinion of the medical referee shows that no benefit would
accrue to the claimant under sections 4692 and 4693, Revised Statutes,

34 EEGULATJONS GOVERNING PENSION BUREAU.

if the claim were completed, the claim shall be submitted to the board
of review for proper action.

143. Where a pensioner having a certificate under sections 4692
and 4693, Revised Statutes, surrenders it to take a certificate under
any subsequent act, the disability for which he had been pensioned
having increased, an application for renewal and increase of his pen-
sion thereunder having been filed in the bureau, and the medical
examination held thereunder showing such increase, the form of cer-
tificate issued in such cases shall be "renewal and increase under the
general law/' pension to commence on the date of the medical exami-
nation, with proper deduction of payments made since that date
under the subsequent act.

144. Where a pensioner under the act of June 27, 1890, as amended,
act of February 6, 1907, or act of May 11, 1912, files a claim under
sections 4692 and 4693, Eevised Statutes, and upon adjudication of such
claim title to a rating less than or equal to that which he is then
receiving is established and admitted, the issue of certificate is sub-
ject to his election. If he fails to elect to take pension under sections
4692 and 4693, Revised Statutes, but subsequently files a claim for
a higher rating under said sections, the claim for the higher rating
under said sections shall be entertained, regardless of the fact that the
pensioner's name had not been inscribed on the rolls under said sec-
tions; and, if certificate is issued, pension shall commence on the date
fixed in the original adjudication and the higher rate from the date
of the examining surgeon's certificate establishing the same, with
such deductions as may be necessary to give pensioner the full benefit
of the highest rating allowed him over the period covered by both
certificates.

DISPOSITION OF CLAIMS FOB, TWO OB MOBE DISABILITIES.

145. Invalid claims in which more than one disability is alleged
may be allowed when one of the pensionable disabilities is established.
The examiner submitting the claim shall at the same time make the
proper caU for the evidence necessary to complete the claim for the
other disabilities. After allowance of the claim the papers shall be
returned to the adjudicating division for completion of claim for the
remaining disabilities.

146. No claim which has been allowed and in which certificate has
issued, leaving one or more disabihties pending, shall again be sub-
mitted to the board of review until the merits of all alleged disabilities
are determined, or the claimant shall have stated his inability to
complete the claim. Where a call for evidence has been unanswered
for six months, the claim may be submitted for allowance for the
disabilities proved and for rejection of those not established.

KEGULATIONS GOVBKJJING PENSION BUKEAU. 85

DECLABATION OF APPLICANT AS TO OTHER SERVICE,

147. Where a declaration for pension contains a statement that the
applicant had "no other service," such statement may be accepted
as prima facie evidence upon that point, but may not be accepted as
conclusive, either as to services prior or subsequent to the service
named. If any reason appears for supposing that there may have
been another service, the question should be fuUy inquired into.

148'. If the soldier has been pensioned, and\the widow or depend-
ents apply for a pension based upon the status of the soldier fixed by
the Pension Bureau during his lifetime, the claimant shall not be
required to make further showing as to other service of the soldier,
unless there first appears a good reason for the belief that there may
have been a prior or subsequent service.

REFUNDMENT AND RECOVERY.

149. Whenever practicable, refundments and recoveries of money
shall be required in drafts on New York, payable to the Treasurer of
the United States. In case the refundment is by post-office money
order the same should be drawn on the postmaster, Washington,
D. C, payable to the Treasurer of the United States. AU refund-
ments and recoveries should be transmitted to the Commissioner of
Pensions, for deposit to the credit of the proper appropriation.

150. All checks, drafts, post-oiRce money orders, and cash received
in the bureau shall be forthwith delivered to the Chief of the Finance
Division, who wiU give proper receipts for same. All such checks,
drafts, money orders, and cash, if they represent refundments on
account of improper payments, shall be transmitted to the Treasurer
of the United States and proper certificates of deposit for the amounts
procured. The Auditor for the Interior Department shall be advis^ed,
upon receipt of the certificate of deposit, as to the disposition to be
made of the amount refunded.

151. a. If the recovery be made by a special examiner, he shall be
governed by letter of instructions from this bureau as to amoimt to
be recovered or refunded. No action shall be taken by the special
examiner, except to report the facts in the case, until such letter of
instructions shall have been received by him, save in case of emer-
gency where delay in securing the refundment might endanger its
recovery, when the special examiner shall exercise a sound discretion
as to the advisabihty of taking immediate action.

B. In case of refundment obtained by special examiner, a full and
complete record of the entire transaction, giving the number, date,
and amount of the draft or post-office money order and the names of
all parties connected therewith, shall be made in a book to be kept
for that purpose by the Chief of the Special Examination Division.

36 KEGUI-A.TIONS GOVEENING PENSION BUEEAU.

152. In cases where an applicant has misstated his age, but where
there is no evidence qi intent to defraud, recovery shall be made of
the erroneous payments covering the period from date of allowance
to the date when the pensioner arrives at an age which would warrant
the allowance of the rate in question, without reference to the ques-
tion of filing additional application.

163. In cases where the misstatement as to age is shown to have
been made with fraudulent intent on the part of claimant, recovery
shall be made of aU erroneous payments made under the allowance
based on the declaration in question.

154. Where an overpayment of pension has been made as a result
of fraud or the concealment of an essential fact on the part of the pen-
sioner, or of mistake of fact, and the pensioner dies and a claim for the
accrued pension from the date of last payment to date of the pen-
sioner's death, is made, the act of December 21, 1893, does not apply,
the Government having the right to reimburse itself for the amount
erroneously paid to the pensioner by reason of fraud, concealment, or
mistake of fact.

DBOPPING.

155. a. When it has been determined by satisfactory proof, after
legal notice to the pensioner, that the name of such pensioner was put
on the pension roll through false and fraudulent representations, the
name and cause for dropping such pensioner shall be submitted, in a
proper letter prepared in the Finance Division, to the Secretary of the
Interior, and upon receipt of his approval of the proposed action, the
name of the pensioner shall be dropped from the roll.

I. Where disability from pensioned cause has ceased, the Board of
Review and Medical Division, in making approval for droppings, shall
indicate the date such disability is held to have ceased, and in the
notice to the Finance Division to drop name from the rolls such date
shall be stated, in order that payment may be made to that date.

This rule may not prevent payment of pension beyond the date
the disability is held to have ceased in those cases where such event
occurs so short a time before the next quarterly payment as to pre-
vent the statutory notice prior to payment becoming due, but it
must be applied in all cases where it can be.

ACCRUED PENSION AND BEIMBUBSBMENT.

156. All applications for accrued pensions which are not accom-
panied by a declaration for pension in behalf of the widow or minor
child shall be forwarded to the Law Division. The Law Division
shall secure the necessary data from such application to drop the pen-
sioner's name from the roll and forward said data to the Finance
Division, and shall then immediately send the accrued claim to the
proper adjudicating division.

KEGULATIONS GOVEBNING PENSION BTJHEAU. S7

Applications for accrued pension are not required to be in any
particular form. The right to the accrued may be considered and
adjudicated upon request, by letter or otherwise, containing sufficient
information, or as an incident to the claim of a widow or guardian
of minors.

157. In the consideration of claims for reimbursement under the
act of March 2, 1895, the amount received on account of the expense
of the pensioner's burial from pubUc funds of the various States or
provided by the Government in the District of Columbia, shall be
deducted from the approvable expenses. The fact that a certain
amount may be available for burial purposes under the laws of the
various States shall not be considered in the settlement of such
claims unless it be shown that such amount has been or will be
received.

168. Title to accrued pension shall be established in the adjudicat-'
ing divisions and board of review according to the usual procedure.

159. In the adjudication of accrued pension claims careful examina-
tion shall be made of papers to determine whether the last pension
certificate issued to the deceased pensioner is with the papers, and
the fact as to whether such certificate is with the papers shall be care-
fully noted on the accrued face brief. Any such certificate found
shall be attached to the brief next after the face brief. The presence
or absence of said certificate in the files of this bureau shall be noted
on a memorandum from the Certificate Division with the order of
pay.

160. Hereafter, no original or other certificate upon which no
payment has been made shall be canceled on account of death of the
pensioner. Certificates of this kind shall be sent to the Finance
Division, where they shaU be filed in the claim, and the pensioner's
name dropped from the rolls. When claims to the accrued pension
in these cases are established, they shall be submitted on the usual
accrued face brief, which shall show, in addition to the other facts,
whether an attorney was entitled to a fee when the claim was allowed,
and if so, the amount thereof. In cases where attorneys are entitled
to fee, the "accrued orders" shall show the names of the attorneys
and the amount of fees- due, and direct thiat they be paid from the
accrued pension.

161. An incomplete claim of a deceased claimant who leaves
neither widow nor minor child surviving and in wliich no claim for
reimbursement has been filed, shall be rejected for that reason. If
it is called up by a person claiming a right to complete the same under
the act of March 2, 1895, such person shall be notified of the require-
ments to complete the pending claim, and of the conditions under
which reimbursement under the act of March 2, 1895, may be obtained,
reimbursement blanks being inclosed.

88 REGULATIONS GOVERNING PENSION BUREAU.

. 162. Claims for reimbursement shall be referred through the Law
Dmsion to the Army and Navy Division.

If in the reimbm-sement sectiim it be found that the pensioner's
name has not been dropped from the roll, all the papers shall be
referred by it direct to the Finance Division for dropping.

CALLS RELATIVE TO PAYMENTS.

163. Whenever information is required touching payments to any
pensioner, call therefor shall first be made upon the Finance Division;
if the information is not obtainable there, a call may then be made
upon the Auditor for the Interior Department.

CONSOLIDATION OF CLAIMS.

164. a. When an original claim of a widow, minor, or dependent
relative of a soldier is filed, and upon an examination of the records
4t appears that a pension had been previously allowed to or on
account of the soldier named in the apphcation, the Record Division
shall note the number and series of the certificate previously issued
upon the jacket of the new claim and forward the claim to the adjudi-
cating division to which it belongs.

h. When the claim shall have reached the adjudicating division,
the chief of division shall forward to the admitted files a slip bearing
the certificate number, series and service of the allowed claim, and
the number of the pending claim. The allowed claim, including the
jacket, shall then be drawn and forwarded to the adjudicating division
and consolidated with the pending claim, and the slip shall be retained
in its place in the admitted files.

165. When two or more pending claims on account of the same
soldier are allowed on review, they shall be kept together in the certifi-
cate division, and when they finally reach the admitted files they shall
be filed under the number of the certificate issued to the person having
the latest title in the order of succession. If at any time during the
examination or adjudication of a claim it shall appear that there is a
previously allowed claim, the papers or jacket of which have not been
consolidated with the pending claim, the examiner having the claim
in charge shall forward the proper slip to the admitted files and draw
and consolidate the jacket and any other papers it may contain with
the pending claim.

166. When a claim is filed and the records show no previously
allowed claim, but show a pending or rejected claim, the claims
shaU be consolidated by the adjudicating division upon receipt of
the new claim from the record division.

167. The above directions shall not apply to the consolidation of
claims for bounty land.

BEGTJLATIONS GOVERNING PENSION BUEEATJ. 39

168. When a pending or rejected original invalid claim is consoli-
dated with a widow's, minor's, or dependent claim, a slip representing
the invahd claim, and showing under what law said claim was made,
whether pending or rejected, and the number of the claim with which
it is consolidated, shall be made and placed in the proper invaUd file.

169. When a pending or rejected widow's claim is consolidated
with a minor's claim, or a father's with a mother's claim, or the
reverse, a slip representing said claim and showing the law under
which it was made, whether pending or rejected, and the number of
the claim with which it is consolidated, shall be made and placed in
the proper widow's and dependent file.

BRIEFING CLAIMS.

170. All papers in claims submitted to the Board of Review for
action shall be briefed systematically in accordance with the order of
arrangement hereinafter indicated; those not so briefed should be
returned for correction.

171. When a claim is briefed, a sheet of manUa paper shall be
attached last of all and the whole brief fastened together with two paper
fasteners passed through from back to front. Sheets of manila paper
shall be placed between the different briefs. The manila sheets should
not be turned over on the top of the face brief.

172. Nothing should appear above the face brief submitted.
Decisions of the Secretary, directions from the commissioner or
deputy commissioner as to action to be taken, opinions of the medi-
cal referee, and Law Division should follow next after the face brief,
in the order named.

173. Cases submitted for admission or rejection shall so state; and
the examiner may give briefly his reasons for his action in the prem-
ises. The grounds upon which it is proposed the claim should be
rejected should always be stated by the examiner.

174. a. In cases submitted to the Board of Review reports of
persons giving private information must not be attached to the
brief, but must be placed in an envelope marked "Confidential,"
and this envelope placed in the jacket of the case.

6. All papers which do not affect the merits of the case should be
collected together in a separate jacket.

175. All correspondence from witnesses and the verification of
service should follow the affidavits to which they refer.

176. If a claim under any service act has already been submitted,
and subsequently a claim under the general law is to be submitted,
the War Department and other department reports should be
removed and placed in their proper place in the general law brief.
In all cases all the certificates of medical examination should always
be placed at the end of the brief.

40 KEGULATIONS GOVEBNING PENSION BUBEA0.

177. The line of the face brief beginning with the words "pen-
sioned for" must be left blank by the examiner to be filled in by the
raters after the legal and medical approvals have been made. The
raters must use the greatest care in filling this line accurately in
accordance with the medical approval.

178. No erasure shall be made of any writing or printing upon
any face brief, or other paper pertaining to a claim fUed, or adjudi-
cated, except by such a line in red ink drawn through the writing
or printing, which wUl permit the reading with distinctness of the
original. All such changes or indorsements upon face briefs must be
signed or initialed and dated by the person making the same. No
change shall be made on a face brief on which final action has been
taken.

179. AH face briefs should be indorsed or initialed so as to show
at a glance the division to which the case belongs. The face brief
should show the name of the Senator or Representative who called
up the case.

^ 180. a. In claims of female children who have married, their
names after marriage should appear at the head of the face brief, as
well as below the rate, since the other matter appearing on the face
brief sufiiciently shows that they are the children of the soldier.

6. In the claims of remarried widows the claimant's present name
should be used, followed by the words "former widow of."

181. No claim shall be submitted to the Board of Review for
action without having attached thereto a separate face brief for each
class of claims involved, and action in each class shall be on the face
brief especially prepared therefor.

182. After the examiner has prepared his face brief he shall verify
the entries thereon and check the same with a blue pencil, being care-
ful not to deface the face brief, beginning with the name of the
claimant and going over all the written portions of the face brief until
every item therein has been verified and checked. The same rule shall
be observed in the Board of Review, where the check marks shall
be made with red pencil by the reviewer and with black pencU by
the re-reviewer. The errors discovered in face briefs by the reviewer
shall be charged against the examiner and operate as a reduction in
the standard of efficiency.

183. a. Where a claim has been rejected on legal grounds and
evidence is subsequently filed therein, in considering such evidence
a reopening face brief shall be used, which should show fuUy all
testimony filed and the date thereof, since action of rejection was
taken, and must be attached to the brief, whereupon the case shall
be submitted to the Board of Review for consideration of the ques-
tion of reopening. In claims rejected upon medical grounds, the
reopening face brief shall be used by filling out that part thereof

KEGULATIONS GOVEENING PENSION BUKEAtT. 41

which is prepared for reference to the medical referee. The action
of the medical referee upon such reference shall also be entered upon
the face brief in the space provided therefor. If the medical action
is in favor of reopening or of ordering another medical examination,
such action on the face brief constitutes a reopening of the claim,
and when another medical examination is determined upon it shall
be ordered by the medical referee.

h. If reopening is denied on either legal or medical grounds the
claimant or his attorney should be promptly advised.

c. The name of a Member of Congress should not be entered on
a reopening face brief, unless the tes imony with a view to reopening
was filed through him, or he has called for the status of such claim
since the filing of such testimony, and has been informed that he will
be further advised regarding the claim after the testimony shall have
been duly considered.

The name of a Member of Congress should not be entered on a
face brief disposing of a claim, unless the declaration was filed
through him, or he has called up the case since the fifing of the
declaration under consideration.

184. a. Should the medical referee reverse the action of rejection
in a case referred to him by the commissioner or the deputy com-
missioner, he shall use the reopening face brief and state thereon his
reasons for such action.

h. Likewise whenever directions are given by the Secretary, the
commissioner or the deputy commissioner to reopen a claim, the
adjudicating division shall reopen such case, using the reopening face
brief and attaching the directions thereto.

185. Reopened claims when submitted to the Board of Review for
final action shall have the regular face brief attached, the reopening
face brief following it.

186. In any claim in which completed action has been taken by
the Medical Division, but which has been returned for further action,
the face brief must not be taken from the case, even where a change
in the medical approval or rate is found necessary. In a claim in
which the action of the Medical Division is not fully completed, or a
new face brief is required to make changes in the contemplated
approval or rates, the face brief shall not be removed.

187. When the commissioner reverses the action of the Board of
Review the old face brief should be canceled by the Chief of the
Board of Review by indorsement thereon, and a new face brief
should be attached and action taken thereon in accordance with the
commissioner's decision to which should be added the indorsement:

"See directions of the commissioner of (date)" the

commissioner's directions being placed immediately imder the new
face brief. ,

42 REGULATIONS GOVKKJSING PENSION BUKEAXT.

188. The following indicates the order of arraiig£Sli®t of papers
with reference to the different classes of daicas:

ORIGINAL mVALID. (SECS. 4692 AND 4S93, K. S.)

189. Face brief. (If more than one, nothing to appear between
the "Faces" except the fee agreements.)

Declarations. (In order of filing, oldest first.)

Other statements of claimants. (In order of filing, oldest first.)

Powers of attorney.

Fee agreements.

War Department reports.

Other department reports, if any.

Certificates of disability for discharge.

Evidence of prior soundness, when necessary.

Evidence of origin — (a) Surgeon.

(&) Commissioned officers,
(c) Enlisted men.

Evidence of continuance in its chronological order, beginning at
discharge.

Certificates of medical examinations. (Arranged according to date
of examination, oldest first.)

190. Where claim is being completed by widow or minor child
and no widow's or minor's claim is submitted, the following evidence
should come immediately after evidence of continuance:

a. If widow completing:

Evidence showing date of death of soldier.

Evidence showing marriage of soldier.

Evidence showing death of former consorts, or no prior
marriage.

Evidence showing widowhood. (If remarried, evidence
showing that fact.)
6. If minor completing:

Evidence showing death of widow.

Evidence showing date of birth.

Evidence showing no other minor.

Letters of guardianship.

ACT OF JUNE 27, 1890.

191. a. Same order shotdd be observed as in an original claim
under the general law, except that, following the reports from the
War or other departments, should come:

Evidence of existence of disabihty, from date of filing to medical
examination.

Evidence of nonvicious habits.

h. If the original invalid claim under the general law has already
been briefed and submitted, or if there is to be an original invalid

REGULATIONS GOVERNING PENSION BUREAU. 43

claim under the general law and at the same time a claim under
the act of June 27, 1890, submitted, then, following the face brief
under the act of June 27, 1890, should come:

Declarations.

Claimant's statements.

Powers of attorney.

Evidence of existence of disability from date of filing.

Evidence of nonvicious habits.

Other papers necessary to estabhsh the claim should remain in the
brief under the general law claim.

ACT OF FEBRUARY 6, 1907.

192. Same order should be observed as in a claim under the act
of June 27, 1890, except that, in lieu of evidence of existence of disa-
bility and of nonvicious habits, there should be briefed evidence of
age.

ACT OF HAY 11, 1912, AS AMEITDED BY ACT OF UARCH 4, 1913.

193. Same order should be observed in claims under the age and
service clause of the above acts as in claims under the act of February
6, 1907. In claims under the disability clause of the act of May 11,
1912, the same order should be observed as in claims under the act
of June 27, 1890.

nrCREASE. (SECS. 4692 AND 4693, R. S., ASD ACT OF JXTITE 27, 1830.)

194. Face brief.

Pending declaration for increase.
Powers of attorney.

Evidence in support of claim for increase.
Former face sheets in order. (Oldest last.)

The certificate of medical examination should foUow certificate
of medical examination made in former claim.

INCREASE AND ADDITIONAL DISABIUTY.

195. Same mode of procedure as in straight increase, except that
testimony as to origin should follow former testimony as to same,
and evidence of continuance should follow former evidence as to
continuance. Certificate of medical examination to be placed last
in the brief and fee agreements to be placed as in an original claim.

REBATING.

196. Same as in increase claim. If claim for rerating is sub-
mitted with any other claim or claims under general law, action
for both or aU should be had on same face brief.

RESTORATION AND REISSrE.

197. Claims for restoration and reissue of all kinds should be
briefed as in a claim for increase and new disability.

44 REGULATIONS GOVEENING PENSION BTJEEAU.

WIDOW'S CLAIM. (SECS. 4703 AJSO 4703, B. S.)

198. Face brief.

Declarations. (In order of filing, oldest first.)

Other statements of claimants. (In order of filing, oldest first.)

Powers of attorney.

Fee agreements.

War Department reports.

Other department reports, if any.

Certificate of disability for discharge.

Evidence showing any other service of soldier.

Evidence of origin. (To be arranged as in an original invalid
claim.)

Evidence of continuance. (To be arranged as in an original
invalid claim.)

Evidence showing date and cause of death.

Evidence of marriage to soldier.

Evidence of death or divorce of former consorts or of no prior
marriages.

Evidence of continued widowhood.

Evidence of births of children claimed for, and that they are still
living.

199. If soldier was a pensioner, or where an invalid claim is also
submitted, the War and other departmental reports should appear
in the invalid brief instead of the widow's, as above, as also evidence
of origin and continuance, except where death is attributed to other
than the causes for which soldier was pensioned, or for which an
invalid claim was submitted, in which event such evidence should
appear with the widow's brief in the order as given above.

WIDOW'S CLAIM. (ACT OF JUNE 27, 1890.)

200. The same order of briefing should be followed as in a claim
under the general law, except that evidence as to means of support,
followed by copy of assessment record, should occupy the place of
"origin and continuance."

MINOR COMPLEXmo.

201. Following dates of birth of children should come:
Evidence showing date of death of widow.
Evidence showing no other minors.

Letters of guardianship.

WIDOW'S CLAIM. (ACT OF APRIL 19, 1908.)

202. Same order of briefing should be followed as in claims under
the act of June 27, 1890, except that evidence of property is not
required.

KEGULATIONS GOVEENING PENSION BUKEATT. 45

ACCRUED PENSION.

203. a. In case of the soldier, face brief to be placed on top of
last invalid face brief.

h. In case of widow or dependent relative, to be placed on top of
the last face brief in such case.

c. The certificate of the deceased pensioner should be placed next
after the face brief.

d. Evidence in support of the claim should be placed next, except:

e. When there is a widow's or minor's claim also submitted; it
should then appear in its proper place in such claim.

MIKOR'S CLAIU. (UNDER SECS. 4702 AND 1703, R. S., OR ACT OF JUNE 27, 1890.)

204. Same order of arrangement as in a widow's claim, except that
after evidence showing dates of birth of minors should come:

Evidence of death or remarriage of widow.
Evidence of any other minor.
Evidence that all are stiU living.
Letters of guardianship.

HELPLESS MINOR. (ACT OF JUNE 27, 1890.)

(Supplemental issue to widow's or minor's pension.)

205. Face brief.
Declaration.

Statements of claimant. ^

Evidence as to helplessness to follow last evidence filed in claim.
Certificate of medical examination.

DEPENDENT MOTHER.

206. Face brief.

Declarations. (In order of filing, oldest first.)

Other statements of claimant. (In order of filing.)

Powers of attorney.

Fee agreements.

War Department reports.

Other departmental reports, if any.

Certificates of disability for discharge.

Evidence showing any other service of soldier.

Evidence of origin. (To be arranged as in an invalid claim.)

Evidence of continuance. (To be arranged as in an invahd claim.)

Evidence of date, and cause of death of soldier.

Evidence of relationship of soldier and claimant.

Evidence of cehbacy of soldier.

Evidence of death or disability of father.

Evidence of dependence — (a) Property.

(6) Income.

(c) Contributions.

46 REGULATIONS GOVEKNING PENSION BtJEBATT.

Transcript of assessment records.

Evidence as to whether claimant has remarried.

If soldier was a pensioner, or where an invalid claim is submitted,
the War and other department reports; also evidence of origin and
continuance, except where death is attributed to a cause other than
that for which soldier was pensioned, or for which an invalid claim
is submitted, should appear in the invalid brief, instead of the
dependent mother's, as above. -

DEPENDENT FATHER.

207. Same arrangement as in a mother's claim, except that, after
evidence of date, and cause of soldier's death, should come:

Evidence of marriage to mother.
Evidence of birth of soldier.
Evidence of death of mother.
Evidence of celibacy of soldier.
Evidence of dependence.
Transcript of assessment records.

DEPENDENT BB.OTHERS AJSTD SISTERS.

208. Same arrangement as in a mother's case, except that, after
evideiice of date, and cause of death, should come:

Evidence of relationship to soldier.
Evidence of celibacy of soldier.
Evidence of death of father and mother.
Evidence of dates of births of claimants.
^Evidence of no other minor brothers or sisters.
Evidence of dependence.
Transcript of assessment records.

DEPENDENTS GENERALLY.

209. In all dependent cases, where one claim has been rejected and
a new claim is subsequently filed, the declaration, testimony, and
other papers shall be placed under a new face brief, and then the
whole be superimposed on the old.

If more than one, the same order will be observed.

MEXICAN WAR,

SUBVrVOR.

210. Face brief.

Declarations. (In order of dates of filing.)

Claimant's afl&davits. (In order of filing.)

Powers of attorney.

Department reports.

Evidence of identity. ' ,

Evidence of disability, dependence, or age.

REGULATIONS GOVEENING PENSION BUREAU. 47

INCREASE.

Face brief. (To be placed on top of former face sheets.)
Declarations, following former declarations in survivor's claim.
Claimant's statements, following declarations.
Powers of attorney.

Evidence as to age, disability, and means of support to follow
former testimony in survivor's claim.
Certificate of medical examination.

WIDOW.

If there is no survivor's brief, then arrangement to bo same as in
Mexican War survivor, to be followed by:
Evidence of death of soldier.
Evidence of marriage to soldier.
Evidence as to prior marriage.
Evidence as to continued widowhood.

If there is a survivor's brief, then widow's brief should consist of:
Face brief.
Declarations.
Claimant's statements.
Powers of attorney.
Evidence of identity.
Evidence of death of soldier.
Evidence of marriage to soldier.
Evidence as to prior marriage.
Evidence as to continued widowhood.
Evidence of disability, dependence, or age.

Il^SIAN WAES.
SURVIVOR.

211. Face brief.

Declarations. (In order of filing.)

Claimant's statements. (In order of filing.)

Powers of attorney.

Department reports.

Evidence of identity.

WIDOW.

If there is no survivor's brief, then arrangement to be the Game
as Indian wars survivor, followed by:
Evidence of death of soldier.
Evidence of marriage to soldier.
Evidence as to prior marriage.
Evidence as to Continued widowhood.
T6704°— 15 i

48 REGULATIONS GOVEKNING PENSION BUREAU.

If there is a survivor's brief, then widow's brief should consist of:

Face brief.

Declarations.

Claimant's statements.

Powers of attorney.

Evidence of identity.

Evidence of death of soldier.

Evidence of marriage to soldier.

Evidence as to prior marriage.

Evidence of continued widowhood,

ARMY NITRSE.

212. Face brief.
Declarations.
Claimant's statements.
Department reports.

Evidence as to service (wh«n required).
Evidence as to inability to earn a support.

DIVISION OF PENSION. (ACT OF MAROH 3, 1833.)

WIPE.

213. Face brief. (If more than one, in cases submitted to the
special examination division, nothing to appear between them.)

Index (if any).

Declarations (in order of filing, oldest first).

Sworn statements of claimant (ia order of filing, oldest first).

Unsworn statements of claimant (in order of filing, oldest first).

Power of attorney (claimant's).

Evidence of marriage.

Evidence as to prior marriage.

Evidence of no divorce.

Evidence of desertion, good moral character, and necessitous cir-
cumstances, in order stated.

Copy of assessment record.

Evidence of nonresidence in a home for wives and children of
soldiers and sailors.

Miscellaneous evidence.

Acknowledgment by finance division of order of suspension and
report as to post-office address of pensioner.

Statement by governor of home of amount of pension suspended.

Report of governor of home as to date of admission and residence
in home.

Registry return receipt card.

Thirty-day notice to pensioner (if returned).

Sworn statements of pensioner (in order of filing, oldest first).

REGULATIONS GOVKENING PENSION BUEEAU. 49

Unsworn statements of pensioner (in order of filing, oldest first).
Power of attorney (pensioner's).
Pensioner's family data circular (if any).
Testimony in support of pensioner's contentions.
All correspondence with witnesses to follow the affidavits to which
they refer.

MINORS AND HELPLESS AND DEPENDENT CHILD.

(Division of Pension.)

214. Face brief. (If more than one, in cases submitted to the
special examination division, nothing to appear between them.)

Index (if any).

Declarations (in order of filing, oldest first).

Letters of guardianship (if any).

Sworn statements of guardian or next friend (in order of filing,
oldest first) .

Unsworn statements of guardian or next friend (in order of filing,
oldest first).

Power of attorney (guardian's or next friend's).

Evidence of marriage of mother.

Evidence as to prior marriage.

Evidence of birth of child or children.

Evidence of divorce or death of mother.

Evidence of desertion.

Evidence of permanent helplessness and dependence.

Evidence that pensioner has not remarried or that his present
wife has no title to one-half pension.

Evidence of nonresidence in home for wives and children of soldiers
and sailors.

Miscellaneous evidence.

Acknowledgment by finance division of order of suspension and
report as to post-office address of pensioner.

Statement by governor of home of amount of pension suspended.

Keport of governor of home as to date of admission and residence
in home.

Registry return receipt card.

Thirty-day notice to pensioner (if returned).

Sworn statements of pensioner (in order of filing, oldest first).

Unsworn statements of pensioner (in order of filing, oldest first).

Power of attorney (pensioner's).

Pensioner's family data circular (if any).

Testimony in support of pensioner's contentions.

All correspondence with witnesses to follow the affidavits to which
they refer.

50 EEGULATIONS GOVEEITIKG PENSION BUEEAIT.

CASES REPORTED TO THE COMMISSIONER.

215. Every claim, the allowance of which results in the rooponing
and admission of another claim previously rejected, based on the
same military or naval service, shall be submitted to the Commis-
sioner of Pensions for review before a certificate is issued.

ADDRESSES OF CLAIMANTS.

216. a. Pensioners and claimants for pension desiring their mail
sent to cities or towns with a population of 5,000 or more having
free mail delivery, must give their post-office addresses, their street
and number, number of post-office box, rural free delivery route, or
"general delivery," as the case may be. "General delivery"
addresses shall be accepted only in case it be shown that no other
address such as above specified is available.

&. Addresses in care of another person shall not be accepted for the
transmission of pension certificates or anything of value, or which
might be appropriated or wrongfully used by another person, nor
shall any communication be mailed to a claimant for pension or
increase at a street and number, or post office box address which is
the same as that of the attorney prosecuting the claim.

217. Where it is shown that a pensioner or claimant has resided
for a number of years at the address given in his application, or has
more recently answered communications addressed to him in which
street number, post-office box, or rural free delivery route was not
used, it may be assumed that another address is not available.

SPECIAL EXAMINATION.

218. a. When a special examination is deemed necessary, the
request therefor shall be made in writing by the Chief of the Board of
Review, or the Chief of the Law Division, or the medical referee.

h. A request for such examination by the adjudicating divisions
shall be communicated to the Chief of the Board of Review.

c. The chief or referee requesting an examination shall make an
epitome of the case embracing a statement indicating the questions
sought to be determined and the reasons therefor, and communicate
the same to the commissioner. Before any matter shall be sub-
mitted for special examination, it must be approved by the com-
missioner.

219. Index sheets shall be prepared in the Special Examination
Division in aU claims submitted for special examination, and should
be placed next to the face sheet. The dates when medical exam-
inations are made, and not the date of the filing of the certificate in
the bureau, should be noted in the index sheet in cases prepared for
special examination, and the list of comrades, when required in a

BEGULATIONS GOVEKNTNQ PENSION BUKBAXJ. 51

claim for special examination, should be placed next to the index
sheet.

220. In all claims for special examination involving identity the
reference to the adjudicating division should call for a history of the
organization, to be procured from the library. No claim of this
kind should be forwarded to the Special Examination Division which
does not contain such a history. In such cases, also, the Board of
Review should see that the War Department report contains a fuU
medical history of treatment, and the personal description of the
soldier; also, that a tracing of the soldier's signature has been ob-
tained from the original roUs of the Auditor for the War Depart-
ment, and any documents that the soldier may have filed to procure
bounty or back pay; and in claims based on service in the Navy, like
information should be obtained from the Auditor for the Navy
Department.

221. In the special examination of an invalid or survivor's claim,
when the deposition of the claimant is taken, the special examiner
shall incorporate therein a statement as to the exact date of his birth,
and what record thereof exists; also require him to localize as nearly
as possible the municipahty or neighborhood in which he was born;
likewise, have him state the names of his parents, brothers, and
sisters, indicating just where they lived when the United States census
was taken in 1850 and 1860, or the first and second times after his
birth; and should take from each invalid claimant a fuU and explicit
statement covering his marital history, whether there is a family data
circular on file in the case or not; and should also have such claimant
state in consecutive order the places and periods of his residence since
leaving the service.

222. When it shall appear in any claim that there is a probability
of fraud or crime on the part of the claimant, witnesses, attorney,
attesting magistrate, or other person, in connection with the claim
the case may be at once referred to the Law Division for consideration
and, if proper, special examination may be requested by the chief of
that division.

223. Reviewers and re-reviewers shall carefully examine all reports
of the Special Examination Division found in cases which are sub-
mitted to the Board of Review, and after it has taken its action
shall, where there are criminal features, cause the cases to be trans-
mitted to the Law Division, in order that all such reports may be
properly dealt with.

224. When it is deemed necessary to send out an invalid claim
(whether original, increase, or additional on account of new disa-
bility) for special examination, the adjudicating division in charge of
the case should be careful to see whether a ratable degree of disability
has been shown; and if there be any doubt upon this point, the papers

52 REGULATIONS GOVERNING PENSION BUEBAU.

shall be referred to the medical referee for his opinion. If, in his
opinion, no ratable disability be shown, the case should not be re-
ferred for special examination.

225. In cases which are in the field for special examination and in
which requests for permits to draw pensions are filed in this bureau,
the Chief of the Certificate Division shall obtain from the Chief of the
Special Examination Division the face brief and index. He shalj
issue the permit in the usual way, making a memorandum of the
facts on a slip which is to be attached to the face brief temporarily
and making an entry of the fact in a record to be kept by him.
He shall then return the face brief and index to the Special
Examination Division. When the case is returned fi;om the field
it shall be sent immediately to the Certificate Division, that the usual
jacket entries may be made.

226. When a claim is filed under any law and it is found that
claimant has a claim pending which has been sent to the field for
special examination, the subsequent claim shall at once be briefed and
forwarded to the Special Examination Division for indexing and con-
solidation with the original claim.

227. During the investigation of a claim under an earher act the
special examiner shall also secure all necessary evidence for the com-
pletion of the claim subsequently filed.

228. The special examiner shall not return a claim to the bureau
until he has secured all available evidence in his territory relative to
the merits of all pending claims in the case.

Upoii the completion of a claim, under any law, the papers, when
received in the bureau, should be referred to the Board of Review for
final action upon the completed claim.

229. In all widows' and minors' claims where it is found that the
claimant or mother had another husband than the soldier or sailor,
it should be made to appear whether such other husband had any
miUtary or naval service.

230. When a claim is in the field for special examination and it is
found by the examiner that the claimant is dead, he should return
the case to the bureau with such evidence as is available relative to
his death. If knowledge of the death of a claimant whose claim is in
the field for special examination reaches the bureau, the case should
be recalled.

231. Cases submitted to the Board of Review by the Special
Examination Division should not be returned to the adjudicating divi-
sions for a call upon the War Department to verify the presence or
absence of comiades who have testified before a special examiner;
if the information is proper, it should be sought directly.

232. When contesting claims are filed a report from the War
Department as to the service of the soldier should be obtained and

KBGULATIONS GOVERNING PENSION BUEEAU. 58

both claims briefed in the usual manner and submitted to the Board
of Review for reference to the Law Division. Where a prima facie
case has been established by one of the contestants the board, of
review shall indicate wherein special examination as to general merits
is required, and the Law Division shall prepare letters of instructions
for the guidance of the special examiner for the purpose of having
such testimony taken as may be necessary to determine whether any
criminal intent exists on the part of either or both of the claimants.
Where a prima facie case has not been established by either one of
the contestants, the reference to the Law Division shall be made
without recommendation, for such action as that division may deem
advisable, to take in determining the presence or absence of criminal
features.

REJECTED CLAIMS.

233. When a claim for pension or increase of pension is rejected,
the claimant and attorney, if any, shall be notified at once of the action
taken,

234. If, during its pendency, a claim was called up by a Member
of either House of Congress who is still in office, a letter shall be
written him, giving the claimant's post-office address, stating that
the claim has been rejected and that claimant has been duly advised
of such action.

235. Appeals must be filed with the Commissioner of Pensions.
While no form is prescribed, the appeal must be in writing stating the
name, service, number of claim, and the. date of the action from
which the appeal is taken, and specifically pointing out the alleged
mistake of fact or error of law in the adjudication of the claim by
the Commissioner of Pensions. The commissioner will thereupon
forward the appeal to the Secretary, unless there is a reconsideration
in the Pension Bureau.

No appeal wiU be entertained unless filed within one year from the
date of notice of final action or order of which complaint is made.
Tlie appellant sJiould always state the name, number, and service.

ABANDONED CLAIMS.

236. The following practice should be observed as to abandoned
claims :

a. Calls for status by claimants, attorneys, or Members of Congress
should be answered, and the information given that prosecution of
the claim has been abandoned.

i. Such claims should be revived upon the expression in writing of
the desire on the part of the claimant to further prosecute the
claim. Upon such a statement being made, claimant should be
fully advised as to the nature of the evidence further required.

54 KEGULATIONS GOVEBNIKG PENSION BUEEAtT.

■ c. Attorneys should be treated as duly authorized upon written
information from the claimant that they are such iattomeys, and that
such attorneys have a valid power of attorney on file with the papers
in the case. If a new attorney claims authority, he shall cause to be
filed a valid power of attorney.

237. Claims drawn from the abandoned files for submission to
the Board of Review for consideration of additional evidence filed,
should have a distinctive slip fastened to the outside in the pending
files, unless properly reopened.

APPEALS TO COMMISSIONEK.

238. When a chief of division in which a claim is being adjudicated
disagrees with the requirements of the Board of Review, he may ap-
peal therefrom to the Chief of the Board of Review for his per-
sonal decision, the point or points at issue being clearly and con-
cisely stated, and should his opinion sustain the action appealed
from, the Chief of the Adjudicating Division may then refer the
case to the commissioner for a final decision.

239. a. Claims involving questions of marriage or divorce'shall be
adjudicated in the proper division and then submitted for action in
the Board of Review. Should the Board of Review be in doubt, the
question shall be referred to the Law Division for opinion. From
such opinion the chief of the board may appeal to the commissioner.

6. Should such a claim be rejected in the Board of Review and
returned, in the ordinary, course, to the Adjudicating Division, the
chief of said division, if he disagree with the conclusions of the board,
may refer the case to the Chief of the Board of Review for his personal
consideration of the questions involved and his opinion thereon.
Should his opinion sustain the action of rejection, the Chief of the
Adjudicating Division may then refer the claim to the commissioner
on appeal, and the commissioner may refer it to the Law Division
for its opinion, or may himself render directly his own opinion on the
question being considered.

c. This does not deny the right of the Adjudicating Division, with
the consent of the commissioner, to refer a pending claim to the Law
Division for an opinion prior to the completion of the same for sub-
mission to the Board of Review.

d. No case shall be presented from any division to the commis-
sioner, deputy commissioner. Board of Review, Law Division, or
medical referee for decision, opinion, or examination, except in the
usual course of progression through the chief of the division in which
the case is adjudicated, or at his instance and with his approval.

KEGTJLATIONS GOVEKNING PENSION BUKEAU. 55

FBACTICE m PENSION AND BOtTNTY-LAND APPEALS.
KTJLES PKOMULQATED BY THE ASSISTANT SECKETAEf OF THE INTERIOa.

[240.] Rule I. — Except as herein otherwise provided, an appeal
maybe taken to the Secretary of the Interior from the final action or
order of the Commissioner of Pensions in all matters relating to pen-
sions or bounty land, and a separate appeal must be filed in each
claim.

[241.] Rule II. — ^Appeals must be filed with the Commissioner of
Pensions. The commissioner will thereupon, within 30 days from the
filing of said appeal, consider and determine whether the action or
order from which the appeal is taken shall be adhered to; and if he
shall determine not to recede therefrom, he shall, within said period
of 30 days, forward said appeal, together with the record in the
case and a report stating his reasons for the action or order com-
plained of, to the department; and said appeal shall thereupon
be entered upon a docket kept for that purpose. Upon the per-
fection of such appeal, by transmission and docketing aforesaid, the
jurisdiction of the commissioner shall cease and determine, and the
case will be decided by the Secretary on the record. Copies of the
decision of the Secretary shall be transmitted with said record to the
Commissioner of Pensions for action in accordance therewith. One
copy of the decision shall be transmitted by the commissioner to the
appellant or his duly accredited attorney.

[242.] Rule III. — (a) Except as hereinafter stated, the time for
filing an appeal shall be one year from the date of notice of the final
action or order of which complaint is made.

(b) In simultaneous contesting claims, where one is admitted and
one rejected, the time allowed for the fifing of an appeal shall be 30
days from the date of mailing of notice of the bureau action to the
claimant to whom the action is adverse. In such claims the Com-
missioner of Pensions will promptly notify all parties in interest of
the action taken by registered letter, inclosing a copy of this rule and
expressly inviting attention to the fact that an appeal wUl not be en-
tertained unless filed within the period of 30 days herein prescribed.

(c) Upon the filing of an appeal, all parties whose interests may
be adversely affected by the decision shall be notified by registered
letter of the filing of the appeal and of the substance thereof and al-
lowed 30 days from the date of the mailing of such notice within
which to file brief or argument in answer thereto before the papers
are forwarded to this department.

The return of a registered letter, unclaimed, containing notice,
addressed to the last known postoffice address, shall constitute suffi-
cient evidence of notice.

56 KEGULATIONS GOVEBNING PENSION BXJBKAtJ.

[243.1 Rule IV.-^In each appeal the name and service of the sol-
dier, £)n account of whose service the claim is based, must be stated,
together with the number of claim, the law under which the claim is
prosecuted, and the date and substance of the action from which the
appeal is taken.

[244.] Rule V. — ^No appeal wiU be entertained from the refusal of
the Commissioner of Pensions to recognize attorneys or agents in
prosecuting claims for pension or bounty land under any law wherein
the payment of a fee for such service is prohibited.

[245.] Rule VI. — ^An appeal by an attorney wiU not be entertained
unless he has filed a duly executed power of attorney for this purpose
from the appellant or is entitled under tha rules to recognition; and
no appeal, brief, motion, pleading, or other paper or communication
relative to a case on appeal, filed by a firm of attorneys or agents,
shall be received or docketed unless the same be signed individually
by one or more duly qualified members of such firm.

[246.] Rule VII. — ^An appeal taken on behalf of a claimant by or
through a suspended or disbarred attorney will not be entertained.

[247.] Rule VIII. — ^No appeal pertaining to the allowance of a fee
when the refundment has been called for will be entertained unless
refundment as required shall have been made.

[248.] Rule IX. — ^The Commissioner of Pensions shall return to the
appellant any appeal not in conformity with the provisions of Rules
III to VIII, inclusive, stating wherein the appeal is defective.

[249.] Rule X. — In proceedings before the commissioner in which
he shall decide that a party has no right to appeal to the Secretary or
that said appeal may not be entertained under the provisions of the
foregoing rules, such party may apply to the Secretary for an order
directing the commissioner to certify such action, together with the
record in the case, to the department; and such application shall be
in writing, under oath, and shall fuUy and specifically set forth the
grounds upon which the same is based. If upon a hearing of the
application the Seg-etary shall grant a writ of certiorari under this
rule the jurisdiction of the department shall be ample for the correc-
tion of any error appearing in the record.

[250.] Rule XI. — Each appeal must contain specific assignments
of the alleged mistake of fact or error of law in the adjudication of
said claim by the Commissioner of Pensions, and any appeal insuffi-
cient in this respect may be dismissed by the Secretary.

[251.] RuxE XII. — a. A motion for reconsideration of any de-
partmental decision may be filed with and entertained by the Sec-
retary, in his discretion, if filed within 30 days from the date of mail-
ing a copy of such decision to the last known post-office address of the
claimant or his attorney of record. It must be shown in said motion

EEGULATIONS GOVEKNING PENSION BUREAU. 57

that some material feature of the case has not been considered in said
decision or that there was error of law or material mistake of iact.

6. And in any case involving conflicting claims of two or more
parties wherein, under either Eule III or Eule XIII, the right of
appeal is hmited to 30 days there shall be a stay of execution of the
departmental decision until the expiration of the period within which
a motion for reconsideration may be filed, unless for especial cause
mandate forthwith shall issue.

[252.] RxTLE XIII. — Upon the adjudication of a claim for division
of pension under the act of March 3, 1899, in the Bureau of Pensions,
both parties will be promptly notified by the bureau, by registered
letter, of the action taken. Each party wiU, in the absence of waiver,
be allowed 30 days from the mailing of said notice to appeal from
said action, the appeal to be accompanied by due proof of service of
a copy thereof upon the appellee, as required by Rule XIV. Unless
such bureau action is appealed from within 30 days from the mailing
of said notice, the bureau action shall be deemed to be final.

Provided, The unexplained failure of a pensioner to appear, answer,
or in any way plead to the claimant's application, after due notice
thereof by the bureau, will be deemed a waiver of his right to appeal
to the extent that, if the claim be allowed, fiuaal orders for division
of pension may issue at once.

[253.] Rule XIV. — a.. Appeals from bureau action in cases under
the first, second, and third provisos of the act of March 3, 1899, must
be accompanied by due proof of service of a copy of the appeal upon
the appellee or his or her attorney of record.

6. Proof of service must be such as will satisfy the Commissioner
of Pensions that the appellee has been informed of the appeal and
the contents thereof, and may consist of, first, a written acceptance
of service by the appellee or his or her attorney of record; or, second,
a postal registry return receipt card, signed by appellee or attorney
of record, accompanied by an affidavit, showing that on a certain date
a copy of the appeal was mailed in a registered letter, postpaid, to the
appellee or the attorney of record, addressed to the appellee or his
attorney of record at his last known post office (naming it), that the
card was returned in acknowledgment of the receipt of such letter;
or, third, an affidavit showing that on a certain day and at a certain
place a copy of the appeal was personally dehvered to the appellee
or attorney of record.

c. Appeals in this class of cases unaccompanied by due proof of
service, or a satisfactory reason why personal service can not be made,
will not be filed or considered, but will be promptly retm-ned to the
appellant, or attorney of record, for compliance with this rule. The
failure to comply with this rule shall not operate to enlarge the time
within which appeal may be taksn.

58 EEGULATI0N8 GOVEBNING PENSION BUEBAU,

[264.] Rm.E XV. — ^Appeals from bureau action in cases under the
first, second, and third provisos of the act of March 3, 1899, when
accompanied by due proof of service of a copy thereof upon the
appellee, will be filed and the parties promptly notified thereof. The
appellee will be allowed 30 days from the date of filing the appealin
which to file answer, brief, or argument in opposition to the appeal
or in support of the action from which the appeal is taken. An appeal
duly filed will operate to continue the suspension of the one-half
pension in controversy.

[255.] Rule XVI. — a. Appeals from the bureau action in cases
under the first, second, or third provisos of the act of March 3, 1899,
must be confined to cases under that act, and not joined with an
appeal from action in an invalid claim or claims under other acts of
Congress. When perfected by due proof of service upon the appellee,
as required by Rule XIV, the appeal should be transmitted to the
Commissioner of Pensions. The appeal should state the post-office
address of the appellant and appellee, and the certificate number
and the service (company and regiment, etc.) of the pensioner, and
should briefly, but specifically, state the error of law or mistake of
fact complained of and the grounds relied upon for reversing or
modifying the action appealed from.

6. No additional evidence upon the merits of the claim filed by
either appellant or appellee will be considered on appeal.

[256.] Rule XVII. — Motions for review of departmental decisions
in cases for division of pension under the act of March 3; 1899, will
hereafter be governed by the provisions of Rule XII. If the motion
be allowed, the opposing party will be notified thereof and allowed
30 days in which to file answer, brief, or argument.

[257a.] RuivE XVIII. — All cases on appeal wUl be considered and
decided in regular order, according to their places upon the docket,
unless, for cause shown, a case may be advanced, on motion, for
earlier hearing and determination. Every such motion shall set
forth succinctly the grounds upon which it is based and must be
supported* by the affidavits of . at least two disinterested parties
cognizant of the facts upon which the motion is based. No such
motion wiU be granted except in cases involving points of pension
law of general apphcation affecting other claims, unless it appears
that the appellant is in extreme indigent circumstances or is ill
without reasonable hope of recovery.

[257&.] Rule XIX. — In all cases appealed to the Secretary of the
Interior a copy of the decision shall be mailed to the party in interest
or his or her attorney of record, and the mandate of the same shall be
carried into effect within 15 days from the date of the receipt of the
decision by the Commissioner of Pensions, unless the decision shall
sooner be recalled by the Secretary of the Interior.

REGtJLATIONS GOVERNING PENSION BUREAU. 59

ACTIOIT IH BXmEATT ON APPEALS.

258. a. All notices of appeal when received in the bureau shall be
forwarded at once to the Board of Review, where they shall be jacketed
and recorded-, the date of filing being left blank. Those relating to
claims for half pension under act of March 3, 1899, or allowance of a
fee, or recognition of an attorney, shall then be sent to the Law Division.

h. The Board of Review shall consider aU other notices of appeal
and determine whether they conform vdth the provisions of the Rules
of Practice in Pension and Boimty Land Appeals, and each one which
does not shall be returned to the appellant with a letter stating wherein
it is defective.

c. If the notice be found to conform with said rules, the date of
filing the same shall be noted on the appeal jacket, and it shall there-
upon be considered and determined whether the action or order from
which appeal is taken shall be adhered to.

d. If it shall be determined to recede from the action or order in
question, the case shall be forwarded to the proper adjudicating division
with a letter over the commissioner's signature, directing the action to
be taken in the case.

259. a. When notice of appeal in reference to fee or recognition of
an attorney is filed the Law Division shall determine whether the
same is in due form. If it be in due form, date of filing shall be
indorsed on the appeal jacket and said division shall then determine
whether the order or action complained of shall be adhered to. If
it shall be determined to recede from the action or order, the appel-
lant shall be so advised and the case shall be forwarded to the proper
division through the Board of Review, in order that the record of the
appeal may be completed.

6. If it shall be determined to adhere to the action or order, the
appeal, together with the record in the case and a report stating the
reasons for the action or order complained of, shall, within 30 days
from the date of- filing of the appeal, be forwarded through the
Board of Review to the Secretary of the Interior.

260. a. When a perfected appeal relating to "half pension" shall
have been received in the Law Division, the date of filing same shall
be noted upon the appeal jacket, and the parties and their attorneys (if
any) shall be notified of the filing of the appeal and the appellee and
his or her attorney (if any) allowed 30 days withia which to file an
answer, brief, or argument in opposition to the appeal and in support
of the bureau action. Upon the receipt of an answer, brief, or argu-
ment in opposition to the appeal, or upon the expiration of the time
for filing the same, the Law Division shall determine whether the order
or action complained of shall be adhered to, and if it be determined
not to adhere, the proper action shall be taken and the case forwarded
to the Board of Review to complete the record of the appeal.

60 EEGULATIONS GOVERNING PENSION BUBEAU.

b. If it shall be determined to adhere to the order or action from
which the appeal is taken, the appeal, together with the record in the
case and a report stating the reasons for the order or action in question,
shall be promptly forwarded, through the Board of Review, to the
Secretary of the Interior.

GUARDIANSHIP.

261. In claims for pensions filed in behalf of persons laboring under
legal disability, letters of guardianship should not be called for by
the Adjudicating Division. When the claim is established, payment
shall be directed to the duly appointed guardian, the Finance Di-
vision shall call for the proper evidence of guardianship and be held
strictly accountable for the certification for payment of the pension.

262. In claims prosecuted by guardians where a discrepancy ap-
pears in the name of the guardian as signed to the declaration and as
given in the evidence of appointment, and identity is accepted, the
name of the guardian should be given on the face brief as it appears
in the evidence of appointment. No marginal note as to the discrep-
ancy in name is necessary.

263. When a pensioner is put under guardianship the action of the
court shall be recognized by this bureau and payment of pension shall
be made to the guardian of such pensioner upon receipt by the Finance
Division of the proper evidence of his appointment and the sufficiency
of his bond.

264. Every guardian, or other person receiving pension in a fidu-
ciary capacity, must biennially file in the bureau a certificate of the
court to which such fiduciary is accountable, showing that he has
accoxmted to the court, as required by law, and that the accoimt has
been approved or that the Requirement for accounting has been waived
by the court, if such is the fact. Blank form of certificate shall be fur-
nished each guardian or committee and must be used by him. In
case of failure to file such certificate, payment on the voucher with
which it is required, and all subsequent payments, shall be withheld
pending the receipt thereof.

265. Where a widow's name has been stricken from the rolls or she
has been denied pension on the groimd of open and notorious adul-
terous cohabitation and pension has been granted to the child or
children, the papers in the case shall accompany the certificate to the
Finance Division. In such case the Board of Review shall by a
proper notation attached to the face brief direct the attention of the
Certificate Division to this requirement. If such widow files letters
of guardianship no pajanent shall be made to her as guardian, but the
question shall be referred to the Law Division for proper action.

EEGULATIONS GO VEKNING PENSION BtTEEAU. 61

CERTIFICATES.

266. In all issues made upon the basis of naval service, the name of
the vessel -upon which the service was rendered shall be entered, but
not including receiving ships,

267. All certificates issued shall be sent by the Certificate Division
to the Finance Division.

268. In all invahd pension certificates issued under the general law,
the particular disabilities for which pension is granted shall be stated.

269. Notice to claimants of the issue of certificates shall be given
only on allowances where attorneys fees are to be deducted or
withheld.

270. When an original certificate issues, and the case is sent to
the admitted files, the Certificate Division shall make a sUp in addi-
tion to the issue shp, showing the certificate number, name, service,
and date sent to the admitted files, which shp shall be sent to the
proper adjudicating division to be placed in the files for future

CORRECTION OF ERRORS IN CERTIFICATES.

271. a. Certificates and accompanying papers requiring corrections
shall be sent by the Chief of the Finance Division to the Chief of the
Certificate Division, who shall cause all errors to be promptly cor-
rected and return the papers to the Finance Division.

h. If the errors are of such a nature that they can not be cor-
rected in the Certificate Division, the chief of that division shall send
the papers to the Board of Review with a blue card attached headed
"Immediate." The Chief of the Board of Review shall have such
cases taken up immediately after their receipt and the errors cor-
rected, and the papers returned to the Certificate Division. If it be
necessary to return such cases to the adjudicating divisions for the
purpose of obtaining additional information, they shall be treated
at all stages of their progress as "special," the intention being to
have all errors corrected and the papers returned to the Chief of
the Certificate Division with the least possible delay.

c. If the papers in the case have been sent to the field for special
examination and the error can not be corrected in their absence,
they shall be immediately recalled so as to facilitate the correction
of the certificate,

272. No alteration in a immber, name, service, or other entry on
the face of a certificate jacket shall be made except in the Certificate
Division. If errors are found on the jacket, they should be called to
the attention of the Chief of the Certificate Division for correction.

REISSUES m LIEU OF LOST CERTIFICATES.

273. When a new certificate is issued by the Certificate Division
to replace a certificate lost or destroyed, it shall be called a " Reissue
in lieu of lost certificate dated ," etc., instead of a

62 REGULATIONS GOVERNING PENSION BTJEBAU.

"Duplicate" certificate, and it shall contaia all the provisions of the
lost pension certificate.

274. AppUcations for reissues in lieu of lost certificates wherein the
last issue shows a rating less than that provided for by the act of
March 19, 1886, March 2, 1895, or April 19, 1908, shall be acted upon
by the Certificate Division, and the new certificates when issued
shall, after having been properly stamped to show the increased rate,
be forwarded to the Finance Division for transmission to the pen-
sioner. Such certificates affected by the act of M.irch 19, 1886, shall
be stamped "Increased to $12 per month from March 19, 1886, by
act of that date." Those affected by the act of March 2, 1895, shall be
stamped "Increased to $6 per month from March 2, 1895, by act
of that date"; and those affected by the act of April 19, 1908, shall be
stamped "Increased to S12 per month from April 19, 1908, by act
of that date."

SPECIAL ACTS.

275. Upon the receipt in this bureau of a certified copy of a special
pension act, the chief clerk shall make copies, over his own certificate,
of the several sections thereof, and immediately forward same to the
Record Division to be given the number of the claim on file, or, if
there be no claim on file, to jacket and number the same. The said"
copies shall then be transmitted to the Law Division, which shall
record them, separate them according to services, and send them to
the proper adjudicating divisions, accompanied by a copy of the report
upon the act. Upon the issuance of the certificate in each case, infor-
mation shall be sent to the Law Division for entry upon its records,
showing the date of the special act, the date of commencement of
pension, rate allowed prior to passage of the special act, rate allowed
by the special act, and the increase occasioned thereby.

276. In issuing certificates for pension granted by special acts
wherein the rate is fixed, no disability shall be named in the invalid
special-act certificate, but the words "Under special act, dated
-," shall be substituted therefor.

277. A duplicate card headed in red ink "Special act" shall be
made in the Certificate Division in all special-act cases, which shall be
forwarded to the Record Division for the purpose of entering the cer-
tificate number in the records of said division.

278. The chief clerk shall forward aU certified copies of public acts
relating to pensions and pension laws to the Law Division for filing,
and where said acts affect the practice of the bureau the same shall be
promulgated.

279. If a beneficiary in a special act has no claim before this
bureau, a declaration must be filed before final action can be taken.

EEGTJIJi.TIONS GOVBRNIKG PENSION BUREAU. 63

CASES RETURNED FOR ACTION BY COMMITTEES OF CONORESS.

280. When a case is recalled or returned by a committee of Con-
gress for action on any matter, and request is made for the return
of papers to the committee, the Chief of the Law Division shall for-
ward the case to the desk of the chief of the proper division, with an
appropriate direction. The chief of the division shall see that the
action indicated is promptly taken, and that immediately upon the
completion thereof the papers are forwarded to the Law Division for
return to the committee of Congress from which they were received.

REPORT ON MERITORIOUS CLAIMS.

281. a. The chiefs of the several divisions of this bureau shall report
to the Law Division, which shall keep a record of all claims which,
although meritorious, can not be allowed under the provisions of the
pension laws, in order that a list of all claimants for pension or
increase of pension who, in the opinion of the commissioner, ought
to be placed upon the pension roll or otherwise provided for, and for
doing which there is no sufficient power or authority, may be pre-
sented to Congress, as provided by joint resolution approved May 29,
1830.

6. Such record shall embrace the name of the claimant, service and

residence, number of the claim, nature of the disability, or basis of

the claim, the grounds for the rejection, and such remarks touching

its merit as may be necessary in the preparation of the commissioner's

report.

CLAIMS MADE SPECIAL.

282. A claim may be made special only by the commissioner or
deputy commissioner. A record of special action shall be made upon
the books kept for that purpose, and an orange-colored slip shall be
placed on all special cases. The use of a slip of the same size and
color by attorneys is prohibited, because of the confusing result in the
L ureau.

283. The following claims shall be considered special, viz: Those
returned by the department on appeal, when the decision is favorable
to the claimant; also claims of helpless children; also on proof that
the claimant is destitute and unable to earn a support; also, when
claimant is sick without hope of recovery; the cause to be deter-
mined by the commissioner or deputy commissioner.

INSPECTION OF PAPERS.

284. The examination of papers relating to claims for pension or
boimty land, by attorneys, counsel, or agents, shall not extend to
reports from the governmental departments and bureaus, confiden-

76704°— 15 5

64 EEGULATIONS GOVERNING PENSION BUREAU.

tial communications, or reports of special examiners relating to crim-
inal charges and investigations.

285. a. The act of July 18, 1894, which permits the examination
and inspection of reports of examining surgeons by the claimant or
his attorney, under such reasonable rules and regulations as the Sec-
retary of the Interior may provide, must be complied with in such
manner as will afford all proper information to claimants and their
attorneys in all pending claims, and at the same time interfere as little
as may be with the work of the bureau.

h. No one but the claimant in person and his recognized attorney
in the claim, or said attorney's subagent, including the confidential
clerk (duly accredited) of each, shall be permitted to examine the re-
ports of examining surgeons filed in the claim, and such examination
shall be made subject to the rules of the Pension Bureau in respect to
the calling up and examination of cases by attorneys.

c. Said act of Congress does not permit the copying of such reports,
or any portion thereof. No person shall be permitted to take copies
or make memoranda from such reports.

286. No examination of reports of examining surgeons shall be per-
mitted in admitted cases wherein -there is no claim pending.

287. No examination of such reports shall be permitted in rejected
cases, after the lapse of three months from the date of rejection, until
the claim has been regularly reopened according to the practice of the
bureau, or unless an appeal from the decision is pending.

288. No one except the clerk in charge will be permitted to examine
any certificate of disability for discharge, report of medical survey,
or certificate of death in the Navy before the same shall have been
applied to a pending claim, except upon the order of the commissioner,
deputy commissioner, or chief clerk, or upon the written request of
the Chief of the Law Division or the Chief of the Special Examination
Division.

COBBE SPONDBNCE.

289. All congressional calls for status shall be promptly answered,
and the congressional call-up slips shall be retained in the files of the
case.

290. Members of Congress shall be notified of the action taken only
in claims in which they make inquiry or in which they have otherwise
been officially interested. Attention is called to section 183 c.

291. Every person asking information relative to the merits or
status of any claim or matter pending before this bureau is entitled to
a respectful and prompt reply, and aU letters of inquiry should there-
fore be answered as early as practicable after their receipt. Official
replies should be fully responsive to the subject matter of the request
and written to the understanding of the correspondent. They should

EEGXJLATIONS GOVERNING PENSION BUREAU. 65

be as brief as is consistent with a full and frank answer, stating all
the facts and points necessary; anything tending to mystification
or misleading the person written to should be avoided. Informa-
tion as to the status or merits of a claim shall be given only to claim-
ant, his recognized attorney. Senators and Eepresentatives, and
heads of bureaus, unless by direction of proper authority. To those
not entitled to the information requested, a response stating fuUy
why no information can be furnished should be made.

292. a. Great care should be taken to avoid not only a waste of
words in communications sent from this bureau, but equally to avoid
lack of clearness due to attempts at brevity. To this end it will be
well to avoid the use of words and phrases which may, perhaps, be
called "office parlance," which, while clear enough to employees of
the bureau, convey no particular meaning to others.

h. The statement that a claim is rejected on the ground of "no
title," etc., or on the ground of "no record," etc., should be avoided.
The idea to be conveyed should be stated in direct language, such as,
"Rejected on the ground that the soldier was not honorably dis-
charged," etc., or, "Rejected on the ground that there is no record in
the War Department," etc. This is specially applicable to forms of
rejection used by the Board of Review which, while naturally and
properly followed in writing letters of rejection, are not necessarily
to be followed exactly in aU cases.

293. When an attorney has been disbarred and a claim in which
he has been recognized is called up, in giving status to the claimant,
or any other person entitled thereto, such parties should be advised
that the attorney has been disbarred from practice.

294. No erasures, interlineations, or underscoring should be made
on oflEicial communications from the bureau containing the signature
of the commissioner. Circular letters should not be used in corre-
spondence with the Department of the Interior or other departments
of the Government.

295. All communications to the bureau in relation to any claim
filed therein, or other matter pertaining thereto, should be addressed
to the commissioner, the deputy commissioner, or the chief clerk.
Communications addressed to any other official or employee of the
bureau in relation to any business of the bureau should be referred to
one of the officers above named before any action is taken thereon.

296. All official communications shall be made in the name of the
Commissioner of Pensions, except that the personal official corres-
pondence of the deputy commissioner may be made in his name, and
correspondence between the medical referee and examining surgeons
relating to preparation of their cettificates may be in the name of the
medical referee, and aU correspondence relating to lost checks, indem-

66 REGULATIONS GOVERNING PENSION BUREAU.

nifying bonds, and post-office addresses of pensioners necessary to the
conduct of his division, shall be conducted in the name of the disburs-
ing clerk.

297. To secure uniformity the address in all communications from
this bureau should be given at the beginning.

298. When a soldier served under an assumed name the alias shall
not be put on the envelope when sending him an official communica-
tion, the only name to be used being that which is his present accepted
name.

299. AU communications addressed to inmates of soldiers' homes
should have their respective services noted on the envelope.

300. All official communications from this bm-eau must be initialed
personally by the author and be carefully reviewed to see that they
are plainly and clearly expressed without abbreviations, interlinea-
tions, blots, or erasures, and respectful and concise in language, and
properly punctuated.

301. Official communications need not, unless some special reason
therefor appears, mention the date of receipt of the inquiry to which
the reply is made. The date of such inquiry shall, as a rule, be suffi-
cient, and even this may be omitted if circumstances warrant.

302. The address of registered articles mailed imder the official
register label of the Department of the Interior must include the
name of the county.

303. In all letters or documents prepared in this bureau a space of
not less than 2 inches must be left at the top of each page and at least
one-half inch at the bottom, and a margin of IJ inches on the left
side and 1 inch on the right side, and the page number must be placed
at the bottom of the page in the center.

304. Piecemeal correspondence should be avoided. Whenever a
call is made for any evidence all that is required to settle the case
must be included so far as can be foreseen at the time. No second
calls should be made for the same evidence except in cases where it
is reasonably certain that neither the claimant nor his agent has
received the first, and no repeated call should be made for evidence
which claimant has shown to be unobtainable.

306. If in response to a call of this bureau evidence has been filed
in a claim which, in the opinion of the examiner, is not satisfactory,
he should state fully the reasons why it is not satisfactory in calling
for more to the same point.

306. Communications from the executive branches of the Govern-
ment or from Congress or the committees thereof, which are received
in this bureau by reference of the Secretary of the Interior upon
matters pertaining to the affairs of the bureau, shall be replied to
through the office of the Secretary.

BEGULATIONS GOVERNING PENSION BUREAU. 67

307. Unfailing courtesy must be observed in all communications
with otKer executive departments and bureaus, and no statement
expressing censure or couched in terms of impertinent levity should
have place in such communications.

308. All letters for foreign countries other than orders for medical
examination, and also letters from the Disbursing Division, should be
sent to the desk of the Chief of the Mail and Supplies Division, who
must see that the necessary postage stamps are affixed before mailing.

309. Carbon copies of all typewritten correspondence must be made
and filed with the papers in the claims to which they refer. The
carbon copy should show the initials of the author of the communi-
cation, the division in which it was prepared, and the name of the
commissioner, acting commissioner, or other person by whom the
original was signed. All carbon copies of letters in every case must
be fastened together, that of the latest date on top.

310. When it becomes necessary to make a call for information
from the records of a private institution or from a pubhc official for
use in the adjudication of a claim pending before this bureau it should
be stated in the letter that the information asked for is desired as a
courtesy, as there is no general fund from which a charge for the
same may be paid. If the reply indicates that the desired certificate
or statement can not be furnished without the pajTnent of a fee, a
letter should be addressed to the Chief of the Special Examination
Division stating the facts in the case and requesting that a special
examiner be directed to obtain the information needed, and in each
instance in which a special examiner is required to pay for the infor-
mation thus obtained, he shall make a charge in his monthly expense
account.

311. In corresponding with any branch of the District of Columbia
government where the return of the bureau communication is
requested a duplicate copy thereof shaU be inclosed, to be retained
in the files of the addressee.

312. In corresponding with any United States military or naval
home, the communication should be addressed to the official recog-
nized as the head of the institution, and not to the individual in
charge. This applies also to communications to all institutions of a
similar character.

813. Communications for consular officers of the United States in
regard to pensioners residing in foreign countries, including orders
for their medical examination, shall be submitted to the Department
of State through the Secretary of the Interior.

314. Chiefs of division who think it necessary to call for evidence
from a foreign country which may involve expense should communi-
cate with the Special Examination Division and have its approval
before incurring any hability.

68 EEGULATIONS GOVEENING PENSION BUREAU.

316. The Chief of the Mail and Supplies Division shall return to
the writer all stamps and stamped envelopes inclosed as prepaid
postage, in correspondence with the bureau.

316. a. The official maU requiring the facsimile signature of the
commissioner shall be stamped in the division where prepared and
forwarded direct to the MaU and Supplies Division the same day.
This does not refer to communications prepared in response to calls
for status by the officers of the bureau.

6. The names of the persons having charge of the facsimile stamps
shall be recorded in a book kept for the purpose in the chief clerk's
room, and each individual shall be held personally responsible for the
proper use and care of the same. The stamps must be locked up
when not in use.

JACKETS AND INDORSEMENTS.

317. Mutilated claim jackets and those on which the indorsement
spaces have been filled should be replaced by new ones and the old
ones retained and placed within the new. There should be no
indorsements on the inside of a jacket, as they are liable to be over-
looked. The indorsement on a jacket should be of sufiicient clear-
ness and fullness that anyone reading the same may know what is
meant. Reference to forms and circulars by number and to "copy
of letter within," or any other notation making an unintelligible
indorsement must be avoided. The date, initials, and division of the
person making an indorsement must always be noted.

318. Evidence must not be placed in claims without proper con-
sideration, and should always be attached to and made a part of the
briefed papers. In rejected cases evidence should always be disposed
of by appropriate face-brief action.

RETURN OF PAPERS.

319. Certificates of discharge, marriage certificates, family records,
personal letters, diaries, bills and receipts, and other personal papers
or articles which may have been filed in claims for pension, may, in
the discretion of the commissioner, be returned through the Law
Division upon request of the persons entitled thereto, and whenever
papers so returned constitute part of the material and essential evi-
dence in a claim, photostats or other copies of the same, or of so
much thereof as may appear to possess evidential value, shall be
placed in the case.

NAMES AND ADDRESSES OF COMRADES.

320. The practice with regard to furnishing names and post-office
addresses of comrades to attorneys and claimants shall be governed
by the following rules, viz:

REGULATIONS GOVEKNING PENSION BUREAU. 69

a. In invalid claims, applications for addresses of comrades must
state name of claimant; number of claim (original or certificate);
designation of company and regiment in v/hich service was rendered,
or the names of the vessels to which the sailor was attached, if the
service was in the Navy, and the names and service (company and
regiment, or vessels) of the comrades or shipmates whose addresses
are desired, and the points which it is proposed to determine by their
testimony.

h. In claims of widows and dependent relatives, the number of the
claim, the name of the claimant, and the name and service of the
soldier or sailor must be furnished.

c. The names and addresses of others than those named in the re-
quest may be furnished, if deemed advisable.

Applications for names and addresses which conform to the above
rules shall be sent to the chief of the proper adjudicating division, who
shall cause an exammation to be made of the claim indicated, and, if
it is found that further testimony of comrades is necessary to establish
the claim, he shall call on the Chief of the Record Division for the infor-
mation. The Chief of the Eecord Division shall promptly answer
these calls from the chief of an adjudicating division, who shall then
cause a proper reply to be made to the claimant or attorney from
whom the application was received.

TESTIMONY AND CREDIBILITY OP WITNESSES.

321. Numerous orders were formerly issued directing the attention
of those having- to do with the taking of testimony to particular mat-
ters in connection therewith and methods of procuring information.
Those orders are not repeated herein, because it should be understood
that in every case the proper method should be adopted to ascertain
the pertinent facts in that particular case. The best method must
be adopted that the nature of the case and all the circumstances
indicated therein appear to require. Do the thing that is necessary
and proper to ascertain the facts.

IDENTITY.

322. In all cases in which a question of identity is involved, and in
which a sample of the handwritmg of the person who is alleged to have
rendered the service is at hand or can be secured, a tracing of the sig-
nature from the original rolls of the soldier or sailor should be obtained
from the proper auditor for the purpose of comparison to aid in
identification, also the loan of any papers filed by the soldier or sailor
m any claim for back pay or bounty.

70 EEGULATIONS GOVEENING PENSION BUREAU.

CLAIMS AND FILES.
CAI.I. SLIPS FOR CASES.

323. Call slips for cases drawn from the divisions or from the admit-
ted or abandoned files should contain a statement designating the
person in whose behalf the call is made and to whom the papers are
to be exhibited. Such call slips shall be retained in the files. Calls
not furnishing the information herein indicated shall not be honored
by the divisions.

324. In no instance shall a slip calling a case from the files be taken
out when the case is returned to the files. The slip is a part of the
record to remain with the papers.

325. When evidence shall have been received in any division after
the claim to which it is intended to apply shall have been sent to
another division, said evidence shall be forwarded at once to be
applied to the case.

BEPOST AS TO CLAIUS WHEN NOT TOVSD.

326. Whenever a call is made for a case and it shall appear that it
is not found upon the records of this bureau, such fact must be shown
over the signature of the Chief of the Record Division to secure more
careful search and prevent the occmrence of erroneous reports.

REFEKEKCE OF CERTAIIT CLAIUS TO SECORB BIVISIOIT,

327. When in the course of the adjudication of a claim for pension
it seems probable that it wiU be necessary to change the soldier's name
or his service from what it appears upon the jacket, or when it is
learned that the soldier served for a term in an organization ad-
ditional to that which appears upon the jacket, all the papers should
be referred by the Adjudicating Division to the Record Division for a
proper record thereof and a search of the records according to the cor-
rect name and service or additional service, as the case may be, and
for a report setting forth the facts shown by such record.

328. If, at any time during the examination or adjudication of a
widow's claim for pension or for renewal of pension, it shall appear
that she had another husband who served in the Army or Navy of the
United States, all papers should be referred to the Record Division
for a proper record and cross-reference thereof, and a search of the
records to determine whether other claims are on file that should be
consolidated with such widow's claim.

329. The same course should be pursued with reference to the claim
of a mother or nurse whose husband served in the Army or Navy of the
United States, or of the claim of a father who had such service. ~

COUNT OF PENDING CLAIMS.

330. Careful and accurate counts shall be made and maintained of
aU claims pending in the bureau.

KEGULATIONS GOVERNING PENSION BUREAU. 71

331. Claims shall be regarded as pending, which require considera-
tion by an adjudicating division and final action by the Board of
Review or Medical Division. Instances are noted as follows:

a. Every mvahd claim not disposed of by face-brief action. In
original claims, count should be made of only one claim, although more
than one declaration be on file, under the same law under which the
claim is presented.

h. Every widow, minor, or dependent appUcation subject to above
limitation.

c. Every claim under act of March 2, 1895, whether for accrued
pension or reimbursement.

d. Every claim for division of pension under act of March 3, 1899.

e. Every claim in which evidence has been filed with a view to the
reopening thereof or in which reopening has occurred by the action of
the medical referee in ordering a test medical examination.

/. Every duplicate declaration to which the rule laid down in the
Sanders or Thurman decisions is applicable requiring a formal decision
on face brief.

g. Every claim abandoned under the practice and revived by new
evidence, by power of attorney, or by the expressed intention of
claimant to further prosecute said claim.

h. Every claim in which reduction or dropping is proposed after test
medical examination or special examination to determine pensioner's
right to present rate of pension or title to pension.

i. Every special-act claim.

1c. Navy service claims under section 4756 or 4757, Revised
Statutes.

I. All claims for military bounty land warrants.

332. a. A clearance service shall be maintained in the following
divisions : Civil War Division, Army and Navy Division, Board of
Review, Medical Division, Special Examination Division, and Law
Division.

6. The chiefs of the divisions named shall appoint the necessary
number of persons to have charge of this particular service in their
respective divisions.

333. All claims coming into such divisions must pass through the
desks of those assigned to the clearance service, so that all new claims
and cases presenting a matter for consideration by an adjudicating
division with a subsequent final face-brief action may be credited as
gains to the pending files. AH outgoing claims shall likewise pass
through these desks, so that there may be a proper charge of losses to
the pending files.

334. A daily report of the condition of the files with a duplicate
receipt attached shall be rendered on prescribed forms, all claims being

72 REGULATIONS GOVERNING PENSION BUREAU.

accounted for under one of four general classes, namely, act of May
11, 1912, act of April 19, 1908, general laws, other acts.

335. The location in each division of the clearance desk or section
shall be indicated by a sign, and under no circumstances shall a claim
be taken into or out of a division except through this clearance
service.

336. The exchange between divisions of single claims should be
discouraged, the better way being to assemble together claims
intended for other divisions and transmit same securely fastened
into a bundle and with a duplicate receipt slip attached.

337. To enable clearance desks properly to close the daily account,
cases sent from one division to another shall be transmitted by 1
o'clock each afternoon. On half hohdays this exchange shall be
made before 11 o'clock.

338. Owing to either the absence of a file or the fact that but few
claims are drawn by them from pending files, the Record Division,
Certificate Division, Finance Division, Disbursing Division, chief
clerk's branch, and rooms of the commissioner and deputy com-
missioner are excepted from operating the clearance service.

339. When a pending claim is sent to any of those just named, a
duplicate charge slip shall be retained on the outgoing clearance desk
as evidence of a loss for the time being, said slip being destroyed on
return of the case. Slips remaining on hand at the close of each
week shall indicate claims carried as unaccounted losses and make
necessary an inquiry as to the whereabouts of said claims, so as to
effect their return to the division files.

340. To the end that this clearance service may be effective and
result in an accurate system of accounting of pending claims from
day to day, the chief of files and his assistants in each division are
required to lend their active cooperation by not receiving into the
files claims that have not passed through the clearance section, and
by not permitting any one to take away claims without a proper
charge.

341. The Finance Division shall transmit direct to the proper
adjudicating division such claims as have been drawn from the
Admitted Files upon the receipt of information as to the death of the
invalid pensioner, and in which a widow's or dependent's claim has
been filed. Said division shall keep a record of such claims.

342. Chiefs of division are enjoined to see that claims are not
called for from other divisions as "special" unless an actual urgent
necessity exists for such action, and when claims are so drawn from
the files the word "immediate" shall be written on the upper left-
hand corner of the slip, and initialed by the chief or assistant chief
caUing for same.

REGULATIONS GOVEENING PENSION BUREAU. 73

343. In the transmittal of claims by a division which has no
clearance section, the bundle of cases shall bear a white slip labeled

in blue pencil "From Division to Division,"

and the date of sending.

ATTOBNEYS.

344. A person appearing of record in the Bureau of Pensions as
having complied with the regulations prescribed by the Secretary
of the Interior for the recognition of agents or attorneys before the
Department of the Interior may be recognized to prosecute any
claim for pension or bounty land in which the law does not prohibit

- the employment of an attorney or the payment of an attorney's
fee, on filing a power of attorney from the claimant: Provided, how-
ever, That the Commissioner of Pensions, in his discretion, may
recognize such person without compensation in any claim for pension
or boimty land heretofore filed, or that may hereafter be filed, in
which the law prohibits the payment of such fee: And provided,
That where the power of attorney is in the name of a firm of agents
or attorneys some duly qualified member thereof must enter an
appearance therein on behalf of the firm.

345. In all cases where it is found that the attorney has complied
with the regulations adopted in pursuance of the act of Congress
approved July 4, 1884, and is in good standing before the bureau, it
will be so noted by proper indorsement; if the attorney has been
suspended or disbarred that fact shall be indicated.

346. No person can be recognized as an agent or attorney before
this bureau until he shall have complied with the regulations adopted
in pursuance of the act of July 4, 1884. If the attorney has not
complied with such regulations he shall be so notified and furnished
with the proper blanfe and a copy of such regulations and of the
oath required.

347. In any case in which the examiner desires to know the status
of an attorney inquiry shall be made of the Law Division by a refer-
ence slip stating the name of the attorney and his post office address
and the title of the case in which this information is desired, and
such slip will be filed in the case when returned.

348. The relation of "principal and agent" is that which shall be
recognized as the relation subsisting between claimants and those
acting for them in prosecuting their claims before this bureau.

349. Consent of the attorney of record to a revocation or a transfer
of his power shall be required, except in such cases as are otherwise
permitted by the commissioner.

360. Transfers of attorneyship must be acknowledged before some
officer authorized to administer oaths for general purposes in the
presence of two witnesses who must sign their names to the instru-
ment of transfer.

74 REGULATIONS GOVERNING PENSION BUREAU.

351. In all transfers of attomeysliip a separate slip must be filed
for each claim transferred, showing its number, the name of the
claimant, the name of the soldier or sailor, the service on which the
claim is based, the name and address of the transferee, and an
acknowledgement by the transferer of the transfer.

352. A transfer not general in character, but of a limited number
of claims, from one agent, attorney, or firm to another, must be
accompanied also by a schedule, alphabetically arranged, showing
for each claim the data required on said slips.

353. A transfer made by the legal representative of deceased or
incompetent agent or attorney must be accompanied by a duly
authenticated certificate of an officer of the court having jurisdiction
showing the authority of such representative.

354. The written consent of the claimant is necessary to entitle
a transferee to recognition in an incomplete claim, the transfer of
attorneyship ia aU such cases being subject to protest.

355. In the event of death if there be no administration, the
transfer must be executed by the widow or heir, or heirs, and must
include a statement as to the death of the attorney, the date thereof,
the name of his widow, if any, or the name or names of his heir or.
heirs, that no administration will be had, and that there is no objec-
tion to the transfer on the part of anyone having a claim against the
estate. This afiidavit must be corroborated by the affidavits of two
disinterested persons having knowledge of the facts.

356. No agent or attorney shall have power to make a valid assign-
ment of any claim in which he has been recognized, even with the
written consent of the claimant, unless he is at the time of such assign-
ment and of such consent in good standing before the Bureau of
Pensions.

357. Only a duly executed power of attorney confers upon an
agent or attorney the right to appear in a case or to receive any
information therein, and examiners shall, upon the receipt of a duly
executed power of attorney, no other attorney having prior rights,
iaform the agent or attorney thereby empowered of the condition of
the case and at the proper time call upon him for all the necessary
proof.

358. No power of attorney purporting to be executed by a claimant
shall be recognized as good and valid unless the same be signed by
the claimant in the presence of two witnesses, neither of whom is
the attorney of record in the claim, and acknowledged before an
officer duly authorized to administer oaths for general purposes;
whose official signature is certified under seal and who is not interested
in the prosecution of the claim to which the power of attorney may
relate.

REGULATIONS GOVEENING PENSION BUREAU. 75

359. Every officer of the United States or person holding any place
of trust or profit or dischargiag any official function under or in con-
nection 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 in a claim for pension or from aiding and assisting in any
manner, otherwise than in the discharge of his proper official duties,
in the prosecution of such claim. (Sec. 109, Crim. Code, 35 Stat.
L., p. 1107.)

360. Every agent, attorney, or other person who shall, directly or
indirectly, request of any Member of either House of Congress, or of
any United States Government official or representative (other than
one whose duty it is under the law to supervise and administer the
laws, rules, and regulations governing the granting of pensions and
botmty land) aid or assistance in the prosecution of a pension or
bounty-land claim, or who shall, directly or indirectly request or
advise a claimant to seek such aid in the prosecution of a pension or
bounty-land claim, shall be held to have abandoned the claim as agent
or attorney and shall thereby forfeit his agency or attorneyship in
such claim.

361. Every agent, attorney, or other person recognized by the
Department of the Interior as entitled to practice before the Bureau
of Pensions who shall violate the provisions of the preceding section
shall be held thereafter incompetent to prosecute claims before said
biu-eau within the meaning of section 5 of the act of July 4, 1884, and
shall thereby subject himself to suspension or disbarment from prac-
tice before the Bureau of Pensions.

362. In all claims for pension where the evidence necessary to com-
plete them was filed by the agent or attorney prior to suspension or
disbarment from practice, and in which the certificate does not issue
until subsequent thereto, such agent or attorney may be recognized
as though he had not been suspended and may be paid his fee. In
such completed cases the attorney's name and address and the amount
of fee should be placed on the face brief and the usual notices pre-
pared from it, except that on the face brief, and in such notices, there
must appear in red ink the words, "Claim completed by attorney
before , date of disbarment (or suspension)."

363. If an agent or attorney is disbarred pending the adjudication
of a claim, and if, while such disbarment is in force, the claim is
adjudicated and the certificate issued without certification of a fee
by reason of such disbarment, and if thereafter said agent or attorney
is restored to practice, and if claimant has not, by reason of such
disbarment, canceled or revoked the authority theretofore existing,
upon such restoration as aforesaid the lawful fee shall be certified and
paid to such agent or attorney.

76 REGULATIONS GOVERNING PENSION BUEEATJ,

364. When a claimant during the disbarment of hia agent or
attorney of record employs another, who prosecutes the claim to
final adjudication, no fee shall be certified the disbarred agent or
attorney upon his restoration to practice.

365. No calls for evidence or notices of medical examinations or
the like should be addressed to disqualified attorneys.

366. In all cases where certificates issue subsequent to the resto-
ration of the agent or attorney prosecuting the claim, it having
been completed during his suspension without the interposition of
another agent or attorney or revocation by claimant of his author-
ity, said restored agent or attorney should be recognized, notwith-
standing his power was filed prior to the date of his restoration.

367. The rule directing payments of fees to suspended agents or
attorneys in claims completed prior to their suspension shall not be
construed to authorize payment of fees in cases in which action on
such pending claims was suspended on account of any irregularity or
informality in the papers or evidence presented by such agents or
attorneys in the prosecution of such claims.

368. An applicant shall be allowed during the suspension of an
agent or attorney previously empowered to act in said applicant's
claim to appoint another agent or attorney because of the inability
of the former agent or attorney to act for claimant before the depart-
ment, even though the said inability should prove to have been but
temporary.

369. No fee shall be allowed to a guardian who prosecutes the claim
of his ward, or to a firm of attorneys of which the guardian is a
member.

370. No request of an agent or attorney for consideration of his
title to a fee shall be entertained unless the same shall be filed in the
Bureau of Pensions within one year from the date of issue of the certi-
ficate upon which such fee is claimed.

371. Agents or attorneys practicing before this bureau are required
to state the names of all subagents or correspondents assisting them
in the prosecution of claims for pension or bounty land, and the
interest said subagents or correspondents have in the prosecution of
such claims or fees therein. Any agent or attorney in good standing
before the bureau who knowingly employs any person as a subagent
or correspondent prohibited from practicing before the department
shall be recommended for suspension from practice.

372. Cases pending in this bureau shall not be taken up upon the
verbal requests of attorneys or claim agents, nor in their behalf
except upon a separate written inquiry in each case signed by the
attorney or agent and in regular course of business.

373. No claim pending in the Bureau of Pensions shall be con-
sidered out of its regular order upon the request of an agent or

EEGULATIONS GOVEBNING PENSION BUKEATJ. 77

attorney, or any other person except for good cause shown and upon
the order of the Commissioner of Pensions.

374. A change of guardian in any case during the pendency of a
claim for pension does not affect the right of the original attorney
to recognition and to the fee agreed upon with the guardian who
appointed him.

376. The willful withholding of evidence by an agent or attorney
for any cause shall be reported to the Secretary of the Interior for
his action.

376. In claims for pension and bounty land no greater fee than
is authorized by law can be legally received by an agent or attorney
or any other person for prosecuting such claim for pension or bounty
land, and upon satisfactory proof that any agent or attorney has,
subsequent to July 4, 1884, received directly or indirectly from the
claimant any sum or sums for his services in the prosecution of the
claim, said agent or attorney shall be reported to the Secretary of
the Interior for disbarment.

377. Where an agent, attorney, or other person incurs any expense
in the prosecution of a claim before the Bureau of Pensions, he must
file a sworn itemized account of such expense with the Commissioner
of Pensions and secure the approval thereof before demanding or
receiving reimbursement from the claimant or pensioner.

378. In a claim under the act of March 2, 1895, for the accrued
pension due in an admitted case from the date of last payment to
pensioner's death, the agent or attorney of record is permitted, upon
the allowance of the claim, to receive as a fee, direct from the claimant
or beneficiary, 10 per cent of the amount of the accrued pension paid;
but in no event shall such agent or attorney be permitted to demand,
receive, or retain a fee in excess of 1 10 in any one claim.

379. When an agent or attorney is called upon by the Commis-
sioner of Pensions to furnish evidence in any claim he shall be allowed
90 days within which to furnish same or to give reasons why he fails
to do so. Before such agent or attorney is dropped or another
recognized (at any time within one year) he shall be given 30 days'
notice to show cause why he is not guilty of laches. In the event
that such answer be not filed within 30 days from the mailing of such
notice, or that the answer thereto be held by the Commissioner of
Pensions to be insufiicient, claimant shall be notified of such failure
and may file the same, either by himself or by such other attorney
as he may elect; and upon the recognition of such other attorney
the former agent or attorney shall be estopped from claiming any fee.

380. An agent or attorney shall be required to exercise due dili-
gence in all cases in which he is recognized. Neglect to prosecute a
claim for one year shall be held, in default of cause shown, conclusive
evidence of the abandonment of a claim by the agent or attorney,

78 REGULATIONS GOVERNING PENSION BURBAXT.

and claimant shall be so advised. To call up a case shall not be held
of itself a substantial compliance with any specific requirement of
the Commissioner of Pensions.

381. Agents and attorneys are required to conduct their business
with the office with decorum and courtesy. Papers in violation of
this requirement may, by order of the commissioner, be returned.
Flagrant violation of this rule shall be cause for disbarment.

382. Upon the rejection of a claim for pension or bounty land the
agent or attorney of record shall be notified of such rejection and the
reason therefor, and shall be allowed 90 days from the date of such
notice within which to file a motion for reconsideration, supported
by material evidence, or within which to enter an appeal to the
Secretary of the Interior; and, on his failure to do either he shall
be held to have abandoned the case, and the claimant may employ
any other duly qualified agent or attorney further to prosecute the
claim.

383. The claimant shall have the privilege of exercising his right
at any stage of the claim to revoke a power of attorney and dis-
charge his agent upon a showing of cause deemed good and sufficient
by the commissioner.

384. The full fee payable by the bureau shall be paid on the issu-
ing of the first certificate, provided, of course, there is an allowance
sufficient for that purpose.

385. AH articles of agreement in claims for pension or bounty land
that conform to the requirements of the law and regulations shall be
accepted if filed prior to the date of the issue of the certificate or of the
bounty-land warrant.

386. No articles of agreement filed under the act of July 4, 1884,
shall be recognized as valid, and no fee shall be paid thereimder, unless
the claimant's signature thereto is witnessed by two attesting wit-
nesses and acknowledged before some officer authorized to administer
oaths for general purposes whose official signature is certified under
seal.

The attorney's acceptance of such agreement must also be executed
before some officer duly authorized to administer oaths for general '
purposes whose official signature is certified under seal.

387. No power of attorney or articles of agreement shall be accepted
as valid wherein the claimant's acknowledgment is taken before an
officer who is the agent or attorney named therein, or where the agent
or attorney acts as one of the attesting witnesses to claimant's
signature to such instrument.

388. A declaration, affidavit, or any paper requiring execution or
acknowledgment in connection with a claim for pension or bounty
land must be executed or acknowledged before an officer duly author-
ized to administer oaths for general piu-poses who is not interested in

EEGULATIONS GOVBENING PENSION BUREAU. 79

the prosecution of the claim to which said paper pertains, and the
jurat must so show. An agent or attorney who shall file any paper
contammg in the jurat a false statement that the officer before whom
such paper was executed or acknowledged is not interested in the
prosecution of the claim, or any statement equivalent thereto, when
m truth and in fact such agent or attorney has entered into a con-
tract, agreement, or understanding with such officer by virtue of
which said officer is to receive compensation or a commission from
such agent or attorney, in the event of the allowance of the claim,
may be recommended to the Secretary of the Interior for disbarment
from practice before the Bureau of Pensions.

389. Articles of agreement, to be recognized as vahd by the Com-
missioner of Pensions, must be in duphcate and in the form prescribed
by order of July 8, 1884, and have printed upon the reverse: "Notice
to claimant:" "This agreement is permissible under the law, but not
compulsory," and a copy of the act of July 4, 1884.

390. The foUowing is the form of articles of agreement prescribed
by the Commissioner of Pensions and approved by the Secretary of
the Interior July 8, 1884, under the provisions of the act of Congress
approved July 4, 1884:

(To be executed in duplicate without additional coat to claimant.)
Articles op Agreement.

Whereas I, , late a in company of the Regiment of

Volunteers, war of , having made application for pension under the laws

of the United States:

Now this agreement witnesseth. That for and in consideration of services done and

to be done in the premises, I hereby agree to allow my attorney, , of

, the fee of dollars, which shall include all amounts to be paid for any

service in furtherance of said claim; and said fee shall not be demanded by or payable
to my said attorney, in whole or in part, except ia case of the granting of my pension
by the Commissioner of Pensions; and then the same shall be paid to him in accord-
ance with the provisions of sections 4768 and 4769 of the Revised Statutes United

States.

(Signature of claimant.)

(Post-office address.)

(Signature of two witnesses.)

State op , County of , ss:

Be it known that on this, the day of , A. D. 1. . . ., personally appeared

the above named, who, after having had read over to , in the

hearing and presence of the two attesting witnesses, the contents of the foregoing arti-
cles of agreement, voluntarily signed and acknowledged the same to be free act

and deed,
r g ■] (Official signature.)

And now, to wit, this .... day of A. D., 1. . . ., accept the provisions

contained in the foregoing articles of agreement, and will, to the best of ability,

endeavor faithfully to represent the interest of the claimant in the premises

hereby certify that have received from the claimant above named the sum of

76704°— 15 6

80 REGULATIONS GOVERNING PENSION BUBEAU.

dollars, and no more; dollars being for fee, and the sum of dollars

being for postag:e and other expenses. And that these agreements have been executed
in duplicate, without additional cost to the claimant, as required by law, in excess
of the fee above named, the said attorney making no charge therefor.

Witness hand the year and day above written.

(Signature of attorney.)

State op , County of , ss:

Personally came , whom I know to be the person represents

to be, and who having signed above acceptance of agreement, acknowledged

the same to be free act and deed.

(ii. s.) (Official signature.)

Approved for dollars, and payable to , of , the recognized

attorney. ,

Commissioner of Pensions.

391. Where only one copy of articles of agreement is filed, attorneys
shall be allowed to file a duplicate of the same, executed by both
parties in interest at any time before the issuing of the certificate or
bounty-land warrant. When a claim for bounty land has been
allowed and the warrant issued, one approved copy of the articles of
agreement shall be forwarded to the agent or attorney of record and
the other preserve in the files of the claim. The bounty-land war-
rant shall be forwarded direct to the party entitled to the possession
thereof.

392. Articles of agreement and powers of attorney not properly
executed for any cause must be retained in the claim and the attorney
advised why same can not be accepted.

393. An agent or attorney may request and receive from a claimant
a sum not exceeding 50 cents for postage in the prosecution of any
one claim, original or increase, but compliance with such request of
the agent or attorney is optional with the claimant. Agents and
attorneys are not allowed to demand a sum for postage as a right or
to refuse to prosecute a claim where the request for postage is not
complied with.

394. The Mail and Supplies Division shall transmit to the Law
Division all slips setting forth that the cases named in the same have
been transferred by one attorney to another. The Law Division
shall forward these shps to the adjudicating divisions after they are
properly stamped.

395. Attorneys presenting questions for the consideration of the
Law Division shall submit their points, authorities, and arguments
in writing, and shall not be permitted to enter that division either
to examine cases or to make oral arguments. Communications on
such matters may be addressed to the Commissioner of Pensions
and marked "For the Law Division," and may be transmitted by
mail or left with t<he chief clerk.

396. Motions to .reconsider ruhngs and decisions of the Law Divi-
sion shall not be entertained by that division unless it plainly appears

REGULATIONS GOVERNING PENSION BXJBEATJ. 81

that some act of Congress, decision of the Secretary, ruling of the
commissioner, or some controUing evidence in the case was over-
looked.

397. Fee agreements which are regular in every particular except
that the blanks in the attorney's acceptance relating to advance
payment of part of the fee and of any amount for postage have not
been filled in by the attorneys shall not be wholly disregarded. The
fee should be withheld in such cases and the matter referred to the
Law Division for appropriate action.

398. In all claims referred to the Law Division for the purpose of
having determined the question of attorneyship, the examiner
must arrange all evidence as though the case were intended to be
submitted to the Board of Review, and if a prima facie case has been
estabhshed that fact should be stated in the slip of reference.

399. Every agent, attorney, or other person recognized by the
Department of the Interior as entitled to practice before the Bureau
of Pensions shall submit to the Commissioner of Pensions copies of all
proposed advertising matter intended to soUcit business before the
Bureau of Pensions, and if the same be not disapproved by the Com-
missioner of Pensions and the agent or attorney so notified within
10 days from the date of fihng the same shall be held, prima facie,
approved.

400. Advertising matter may contain clear, correct, and exphcit
statements of the law, the name and address of the attorney, and the
information that he prosecutes claims for pension and bounty land.

401. The use by an agent or attorney of the characters "U. S.,"
or the words "United States, " as a part of his title, or of the title of
his business, is misleading and shall not be permitted.

402. Where, through a mistake of fact, or fraud on the part of an
agent or attorney, a fee to which he is not entitled has been paid to
him he shall be required to refund the same on demand by the Com-
missioner of Pensions; and his failure or refusal to refund, after such
demand, shall render him Hable to suspension or disbarment from
practice before the Bureau of Pensions.

403. A State officer, charged with the duty of looking after the
interests of claimants for pension, may have information in con-
nection with a claim for pension, where designated by the claimant,
and such officer shall be advised as to calls for evidence and the final
disposition of the claim.

404. Section 190, Revised Statutes United States, provides

that —

It shall not be lawful for any person appointed after the first day of June, one
thousand eight hundred and seventy-two, as an officer, clerk, or employee in any
of the departments, to act as counsel, attorney, or agent for prosecuting any claim
against the United States which was pending in either of said departments while ho

82 EEGULATIONS GOVEENIlirG PENSION BUBEATT.

was such officer, clerk, or employee, nor in any manner, nor by any means, to aid
in the prosecution of any such claim within two years next after he shall have ceased
to be such officer, clerk, or employee.

NOTARIES AND JXTSTICES.

405. AH certificates of the official character of an officer which show
the term of office, whenever found, should be sent to the Law Di-
vision. All informal, unattached certificates sent to the Law Division
should bear the name and service of the soldier or sailor and the
number of the claim in which found.

406. A certificate showing the official character of an officer only
on the date on which a paper was executed should in no case be
detached from the paper to which it refers, as same is of use only in
connection with that paper.

407. a. Calls for information as to the official character of an officer
before whom a paper has been executed shall be made on the Law
Division. Such calls must state the name of the officer, his alleged
official character, his territorial jurisdiction, whether he uses a seal,
the date or dates to be covered, and give full data as to the case in
which the certificate is required. If there is a recognized attorney,
his name and post-office address must be given, but if there be no
such attorney, then the full name and address of the claimant must
be given.

&. On receiving such a call the Law Division shall, if a certificate
be on file covering the date or dates in question, return the call with
an indorsement thereon showing the facts. If not on ffle, the Law
Division shall make a request upon the attorney or claimant for a
proper certificate, then copy the call shp and return the original with
an indorsement thereon showing the facts, including the date of the
call made by the Law Division.

c. A record shall be kept of such calls, under proper dates, and on
receipt of a certificate the inquirer shall be immediately notified by
means of the copy of the call shp retained for that purpose. If after
30 days from the date of the call the certificate has not been filed,
the shp retained shall be forwarded to the inquirer, with an iadorse-
ment thereon showing that fact and giving the date on which the
Law Division made the call.

408. The authority given to fourth-class postmasters and rural
free delivery carriers to administer oaths to pensioners and their
witnesses in the execution of their vouchers does not apply to the
execution of any other paper.

DOCUMENTS NOT PROPERLY AUTHENTICATED.

409. a. If a document be sent to the bureau to prove a claim, or
for any other purpose, and it be not authenticated by the impress of a
seal where required, or' by execution before an officer authorized to

REGULATIONS GOVERNING PENSION BUREAU. 83

administer oaths, or be otherwise imperfect in some form or particular,
and it is beUeved that such defect may be cured and the document
rendered thereby admissible for any proper use, the same should be
returned for correction. A memorandum of the import thereof, or a
full copy, with a statement of the disposition of the original, should
be retained.

6. All such cases should be referred to the Law Division, with the
proper notation, which division shall determine both the necessity
and the propriety of returning the original, and how errors therein
should be cxired, and shall conduct all correspondence relative thereto.

TABIES OF RATES.

410. Table I. — For simple total {a disability equivalent to the anchylosis
of a wrist) provided hy section 4695, Revised Statutes, .United States.

AKMY.

Per month.

Lieutenant colonel and all officers of higher rank $30. 00

Major, surgeon, and paymaster 25. 00

Captain, provost marshal, and chaplain 20. 00

First lieutenant, assistant surgeon, deputy provost marshal, and quartermaster. 17. 00

Second lieutenant and enrolling officer 15. 00

All enlisted men 8.00

NAVT AND MARINE CORPS.

Captain, and all officers of higher rank, commander, lieutenant commanding,
and master commanding, surgeon, paymaster, and chief engineer ranking
with commander by law, lieutenant colonel, and all of higher rank in Marine
Corps 30.00

Lieutenant, passed assistant surgeon, surgeon, paymaster, and chief engineer
ranking with lieutenant by law, and major in Marine Corps 25. 00

Master (now lieutenant, junior grade), professor of mathematics, assistant sur-
geon, assistant paymaster, and chaplain, and captain in Marine Corps 20.00

First lieutenant in Marine Corps 17. 00

First assistant engineer, ensign, and pilot, and second lieutenant in Marine
Corps 15. 00

Cadet midshipmen, passed midshipmen, midshipmen clerks of admirals, of
paymasters, and of officers commanding vessels, second and third assistant
engineers, master's mate, and warrant officers 10. 00

All enlisted men, except warrant officers 8.00

84

/BEGULATIOKS GOVERNING PENSION SUREAtf.

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86 REGULATIONS GOVERNING PENSION BUREAU.-

412. Table til. — Bates fixed, hy the Commissioner of Pensions for
certain disahilities not specified hy law.

Per montb.

Anchylosis of shoulder $12.00

Anchylosis of elbow 10. 00

Anchylosis of knee 10. 00

Anchylosis of ankle 8. 00

Anchylosis of wrist 8. 00

Loss of sight of one eye 12. 00

Loss of one eye 17. 00

Nearly total deafness of one ear 6. 00

Total deafness of one ear '. 10. 00

Slight deafness of both ears - 6, 00

Severe deafness of one ear and slight of the other 10. 00

Nearly total deafness of one ear and slight of the other 15. 00

Total deafness of one ear and slight of the other 20. 00

Severe deafness of both ears 22. 00

Total deafness of one ear and severe of the other 25. 00

Deafness of both ears existing in a degree nearly total 27. 00

Loss of palm of hand, and all the fingers, the thumb remaining 17. 00

Loss of thumb, index, middle, and ring fingers 17. 00

Loss of thumb, index, and middle fingers 16. 00

Lobs of thumb and index finger 12. 00

IjOss of thumb and little finger 10. 00

Loss of thumb, index, and little fingers 16. 00

Loss of thumb 8. 00

Loss of th'Umb and metacarpal bone 12. 00

Loss of all the fingers, thumb and palm remaining 16. 00

Loss of index, middle, and ring fingera 16. 00

Loss of middle, ring, and little fingers 14. 00

Loss of index and middle fingers '. 8. 00

Loss of little and middle fingers 8. 00

Loss of little and ring fingers G. 00

Loss of ring and middle fingers 6. 00

Loss of index finger 4. 00

Loss of any other finger without complications 2. 00

Loss of all the toes of one foot 10. 00

Loss of great, second, and third toes 8. 00

Loss of great toe and metatarsal 8. 00

Loss of great and second toes 8. 00

Loss of great toe 6. 00

Loss of any other toe and metatarsal 6. 00

Ix)8s of any other toe 2. 00

Chopart's amputation of foot, with good results 14. 00

Pirogoft's modification of Syme's 17. 00

Small varicocele 2. 00

Well-marked varicocele 4. 00

Inguinal hernia, which passes through the external ring 10. 00

Inguinal hernia, which does not pass through the external ring 6. 00

Double inguinal hernia, each of which passes through the external ring 14. 00

Double inguinal hernia, one of which passes through the external ring and

other does not 12.00

REGULATIONS GOVEENING PENSION BUKEAU. 87

Per month.

Double inguinal hernia, neither of which passes through the external ring $8. 00

Femoral hernia 10. 00

Section 4699, Revised Statutes, provides that the rate of $18 per month may be
proportionately divided for any degree of disability established for which section
4695 makes no provision.

The act of August 27, 1888, provides a $30 rate for total deafness and authorizes
the Secretary of the Interior to grant such proportion thereof in cases of partial deaf-
ness as he may deem equitable. Act January 15, 1903, increases rate fi;r total deafness
to $40. Rates on partial degrees not affected. ,

The act of March 2, 1895, provides that "All pensioners now on the rolls, who are
pensioned at less than six dollars per month, for any degree of pensionable disability,
shall have their pensions increased to six dollars per month; and that, hereafter,
whenever any applicant for pension would, under existing rates, be entitled to less
than six dollars for any single disability or several combined disabilities, such pen-
sioner shall be rated at not less than six dollars per month: Provided also, That the
provisions hereof shall not be held to cover any pensionable period prior to the passage
of this act, nor authorize aj-erating of any claim for any part of such period, nor pre-
vent the allowance of lower rates than six dollars per month, according to the existing
practice in the Pension Office in pending cases covering any pensionable period
prior to the passage of this act."

413. Table IV. — Miscellaneous rates.

INVALID.

Indian wars: Per month.

Acts July 27, 1892, June 27, 1902, and May 30, 1908 $8. 00

Act of February 19, 1913 20. 00

Mexican War:

Act Jan. 29, 1887 8. 00

Acts Jan. 5, 1893, and Apr. 23, 1900, certain survivora 12. 00

ActMar. 3, 1903, all survivors 12.00

Act Feb. 6, 1907—

At 62 years 12.00

At 70 years 15.00

At 75 years or over 20. 00

Act of May 11, 1912 30.00

Civil War:

Act June 27, 1890, in its original lorm, and also as amended by the

act of May 9, 1900 6.00-12.00

Act Feb. 6, 1907—

At 62 years 12.00

At 70 years 15.00

At 75 years or over 20. 00

Act of May 11, 1912— see sec. 445.
Army nurses:

Act Aug. 5, 1892 12.00

Navy service pensions:

Sec. 4756, R. S., for 20 years' service, one-half the pay of rating at

discharge.
Sec. 4757, B. S., for 10 years' service, not to exceed the rate for total

disability.
(See section 451 this book.)

88 BEGULATIONS GOVERNING PENSION BUREAU.

WIDOWS AND MINORS.

Revolutionary War: Per month.

ActMar. 9, 1878, widows only $8.00

ActMai. 19, 1886, widows only 12.00

War of 1812:

ActMar. 9, 1878, widows only 8.00

ActMar. 19, 1886, widows only 12.00

•Indian wars:

Acts July 27, 1892, June 27, 1902, and May 30, 1908, widows only. . . 8. 00

Act Apr. 19, 1908, Sec. 1, widows only 12.00

Mexican War:

Act Jan. 29, 1887, widows only 8.00

Act Apr. 19, 1908, sec. 1, widows only 12.00

Civil War:

Sec. 4702, R. S., widows and minors, same rates as in Table 1.

Act Mar. 19, 1886, widows and minora 12. 00

Act June 27, 1890, in its original form, and as amended by the act of

May 9, 1900 8.00

Act Apr. 19, 1908 12.00

From and after July 25, 1866, a widow is entitled, under tbe provisions of section
4703, Revised Statutes, to the sum of $2 per month additional on account of each
legitimate minor child of the deceased soldier or sailor (in her care and custody, if by
his former marriage) until such child reaches the age of 16 years. Where the widow
has died, remarried, or has no title, the minor children under 16 years of age succeed
to the widow's rights.

In claims under the act of June 27, 1890, both in its original and amended forms,
the additional pension of $2 per month is granted. In addition provision is made in
said act for the continuance of pension granted to an insane idotic, or otherwise
physically or mentally helpless minor child, during its life or during the period of
disability. This proviso is applicable to minors' claims under any statute.

DEPENDENT KELATTVES.

Sec. 4707, R. S., in its original form, and as amended by section 1, Act June 27,

1890, same rates as in Table 1.
ActMar. 19, 1886 $12.00

414. RATES FOR OFFICERS, SECTIONS 4692 AND 4693, REVISED

STATUTES.

Rates for officers in claims under sections 4692 and 4693, Revised Statutes, shall be
one-quarter, one-half, three-quarters, and total. Officers below the rank of first
lieutenant may receive rates in fractions of eighteen in excess of their total.

LEAVES OF ABSENCE.
(Regulations published by the Secretary of the Interior.)

415. The following regulations, consistent with the laws printed
herein, providing for the hours of labor and leaves of absence of
employees in the executive departments, are hereby pubhshed for the
information of aU concerned, to be effective February 1, 1910.

They shall apply as well to chiefs of divisions and assistant chiefs
and other supervising officials as to the clerical force and other
employees.

REGULATIONS GOVERNING PENSION BUREAU. 89

Officials will be held strictly accountable for their enforcement, and
are hereby directed to require all timekeepers and clerks in charge of
leaves of absence to familiarize themselves with these regulations.

Any regulations of this department heretofore issued inconsistent
with these are hereby revoked.

These regulations shall be applied as far as practicable to the field
service connected with this department outside of Washington, D. C.

OFFICE HOURS.

1. Office and lunch hours. — The hours of labor, unless otherwise
especially ordered, Jjegin at 9 o'clock a. m. and close at 4.30 o'clock
p. m., with one-half hour between 12 m. and 1 p. m. for luncheon,
the particular half hour within that period in the different bureaus
to be designated by the chief clerk of the department.

2. Lunch hours varied. — In the interest of the service, so that all the
clerks in important rooms shall not be absent at the same time, chief
clerks may vary the time for luncheon of certain employees.

3. Tardiness to ie reported. — Tardy arrival for duty and premature
cessation of work shall be charged as annual leave, at the rate of
one-half hour for each absence of a half hour or fraction thereof,
unless this leave is exhausted; then as leave without pay. Reduction
in grade and pay will follow habitual absence from duty due to the
causes herein mentioned. Employees arriving late shall sign a tardy
slip (l-034a), which shall at once be forwarded to the chief clerk of
the bureau.

4. Tardiness defined. — ^Tardy means failure of the employee to be at
post of duty at hour for beginning official business or at hour for
resuming wOrk after luncheon.

5. Continuous duty required. — Officials and employees must bear in
mind that mere physical presence during office hours is not sufficient,
but that continuous duty is also required. Exemplary conduct is
enjoined on chiefs of divisions, who must also require those under
their supervision to devote their time during office hours exclusively
to official duties.

6. Penalties for evasion. — Evasion of the laws or taking undue ad-
vantage of the regulations covering leave of absence, or attempts to
avoid being charged with absences during office hours, will be severely
dealt with and may result in reduction of salary or dismissal.

TIME REFOKTS.

7. Time reports to he Tcept and verified. — Weekly time reports (1-047)
shall be kept in all divisions, sections, etc., on which shall appear
the names of all employees connected therewith. Arrivals, depar-
tures, and absences shall be accurately recorded thereon. At the
beginning of the week the reports for the preceding week shall be

90 REGULATIONS GOVEBNING PENSION BUEEAU.

sent to the chief clerk of the bureau for verification by grants of
leaves and for posting the absences on consolidated records.

8. Accuracy. — ^Accuracy should be observed in noting arrivals and
departures and aU absences during the day, instead of a perfunctory
use of the hours of 9, 4.30, etc.

NSW, TEUFORABY, AITD FEB DIEH EHFLOTXES.

9. New employees. — Regular employees who have been in the
department less than a year, including those reinstated, except those
appointed by transfer from other departments, will be entitled to
annual and sick leave of absence at the rate of two and one-half days
for each month of service.

10. Transferred employees. — Persons transferred from another
department, or from one bureau or office to another within this depart-
ment, will be charged with the leave taken in current year prior to
such transfer. Certificates from their former departments will be
required.

11. Absence certificates on transfer. — Employees transferred from
this department to another will be given certificates showing their
absence in the current year to date of transfer. '

12. Per diem employees.— Per diem employees shall not be granted
leave with pay if their appointments state salaryv^"when actually
employed." If per diem rate is simply a measure of salary and they
are regularly and continuously employed without limitation, they
are entitled to leave the same as those with annual or monthly rates
of salary.

13. Temporary employees. — Temporary employees will not be
allowed leave with pay for the first two months of service.

APPLICATIOirS.

14. Application form. — ^Apphcations for leave of absence shall be
made upon a printed form (1-034) which shall contain in writing
the name, position, and salary of the applicant, the specific period
for which leave is desired, the kind of leave desired, the initials or
signature of official recommending the leave, the date of return to
duty, with name or initials of official verifying the return, and a
space for the signatm-e of the chief clerk approving same. For the
information of the chief clerk the clerk in charge of leaves shall note
within the space provided upon said form the amount of leave pre-
viously granted in same year. Upon the reverse of this printed
form affidavit of apphcant as to sickness and certificate of attending
physician shall appear.

15. Written {not stamped) signatures. — ^Apphcations for leave of
absence should have the written approval (not stamped) of the approv-
ing bureau officer, as evidence that he has made a careful investi-
gation of the leave in question and finds it satisfactory.

EEGULATIONS GOVERNING PENSION BUREAU. 91

OEITEKAL.

16.. Auihority to grant leaves. — ^The head of each bureau or office of
this department, through the chief clerk of the bureau, is hereby
authorized to grant to the clerks and other employees thereof the
annual, sick, and military leave with pay permitted by law; but
apphcations for leave without pay shall be forwarded to the Secre-
tary, in accordance with paragraph 50.

17. Leave revocable. — Leave of absence may be revoked at any time
and the employee ordered to return to duty before its expiration,
should the exigencies of the service require it.

18. Extension. — ^Applications for continuous extension of leave
should be marked Extension.

19. Only accrued leave allowed on resignation, etc.; exceptions. — On
separation from the department by resignation, dismissal, or transfer,
employees will be allowed only accured leave at the rate of two and
one-half days for each month of service since the first of the calendar
year; but heads of bureaus may grant more than this (within the
legal Umit) when separation occurs after the middle of the year and
the employee has served five or more years and there are other meri-
torious reasons for exception to the rule, in the latter case in writing.

20. Allowance of leave confined to current year. — Leave is not cumula-
tive. Employees who are prevented by the requirements of the serv-
ice, or otherwise, from availing themselves of the regular annual
leave will not be entitled to it, or any portion thereof, in a subsequent
year; nor will leave to be used in one year and charged to a subse-
quent year be granted.

21. "Granted" includes all absences. — ^The word "granted" is con-
strued to include not only leave formally and specifically granted, but
all other absence as recorded on time reports.

22. Sundays, Jiolidays, half holidays ; when counted, when not. — Sun-
days and legal hohdays and holidays by Executive order, whether
for the whole or part of a day, at the beginning or end of any kind
of leave, or within a period of annual leave, including the half holi-
days before Christmas and New Year, will not be counted; but those
which occur within a period of sick leave or leave without pay will
be counted. (See paragraph 60.)

23. Saturday afternx>ons in summer. — Saturdays in July, August, and
September will be charged as four hours in annual leave, and as a
whole day in sick and without pay leave.

24. Absen^ie for promotion examinations. — ^Absence of employees
while actually engaged in taking promotion examinations, held by the
Civil Service Commission, will not be charged.

25. Presidential appointees. — While presidential appointees are not
held to be subject to the law limiting the leave of absence of Govern-
ment employees to 30 days each year, yet it is desired that the

92 REGULATIONS GOVERNING PENSION BUREATT.

measure be not greatly exceeded without good reason. For future
reference such officers' absence must be definitely recorded in their
bureaus.

AJHHUAI. LEATZ.

To new and reinstated employees. {See paragraph 9.)
To per diem employees. {See parapraph 12.)
To temporary employees. {See paragraph 13.)

26. Application in advance. — ^Application must be made in advance
of the date of the beguming of the leave on the blank (1-034) provided
therefor by the department.

27. Consecutive days only. — ^AppUcation should be made for only
the number of consecutive days desired.

28. Saturdays in summer. — Satiu-days in July, August, and Septem-
ber will be charged as fom- hoiu^, 9 a. m. to 1 p. m.

29. lAincheon JvalfJiour deducted in fractional absence. — ^The luncheon
half hour is deducted from annual leave for part of a day when it
occurs dining the absence, as from 11 a. m. to 3 p. m., which should
be charged as three and a half hours (seven-fourteenths) and not as
four hours. If employee was present the other three and a half homs
of that day, absence can not exceed the remainder of the seven hours
of which a full day consists.

30. Deduction from annual leave for absence without pay. — ^Propor-
tionate deduction from annual leave shaU be made at the rate of 1
day for each 12 days of furlough or leave without pay. {See also
paragraphs 40 and 58.)

31. Reserve few days for emergencies. — ^Employees are advised to
reserve a margin of their annual leave to avoid leave without pay
to meet unforeseen demands.

SICE LEAVE.

To new and reinstated employees. {See paragraph 9.)

To per diem employees. {See paragraph 12.)

To temporary employees. {See paragraph 13.)

32., Physician's certificate. — A physician's certificate will not be
deemed satisfactory imless it shows the name of the employee, that
he personally attended him, the date or dates of attendance, the
place of attendance (residence — street and number — or office), the
duration of the iUness, and that the employee was actually physically
disabled for the performance of official duties.

33. Only regularly practicing licensed physicians. — Certificates of
sickness will be accepted from none but regularly practicing physi-
cians, hcensed according to law.

34. Without physician's certificate; limits. — Sick leave will not be
allowed without a physician's certificate, imless appHcation is accom-
panied by a sworn statement that the absence was due entirely to

REGULATIONS GOVERNING PENSION BtTEEATT. 93

personal illness, that no physician was employed, that the employee
was wholly unable to perform official work or to be present at his
post of duty, and that he was confined to his residence (giving
residence) during said period. Periods not exceeding 3 days may
be granted on affidavit, and the aggregate of affidavit sick leave
shall not exceed 12 days in one year.

35. Slight ailments. — Slight ailments or indisposition will not be
accepted as sufficient cause for allowing sick leave; such absences
should be charged to annual leave.

36. Investigation. — When deemed advisable, an officer of the de-
partment will be directed to investigate and report the facts in any
case of sickness or absence.

37. Absentees must report fact within 21^ hours. — ^An employee absent
on account of personal illness must report the fact to the chief clerk
of the bureau in which employed within 24 hours, otherwise the time
lost may be charged to annual leave or leave without pay.

38. Application must he made within 3 days. — Apphcation for sick
leave must be made within 3 days after the return of the employee
to duty.

39. Reports in protracted illness. — When absence by illness is pro-
tracted, report should be sent to the chief clerk of the bureau at
intervals of 10 days, if possible, as to employee's condition and
probable return to duty.

40. Deduction from allowance iecause of leave without pay. — Propor-
tionate deduction from sick leave shall be made at the rate of 1 day
for each 12 days of furlough or leave without pay. (See para-
graphs 30 and 58.) This appUes also to reinstated employees in
regard to the period of their separation from the department in the
current year.

41. Quarantine. — When pn employee has been exposed to a conta-
gious disease against which the medical authorities quarantine the
patient, he should inunediately file with the chief clerk of the bureau
in which employed a certificate from the attending physician, where
such be the case, stating that in his judgment the presence of the em-
ployee in the office would jeopardize the health of feUow-clerks.
Apphcation for leave Avith pay for the time lost must be accom-
panied by a certificate from the health office showing that a case of
contagion existed on the premises during the time covered by the
application, and the attending physician must certify that aU danger
from contagion has passed.

42. Not less than half day granted. — Sick leave wiU not be granted
or charged on time report for less than haK a day for each absence
of a half day or fraction thereof; but absence in excess of half a day
wiU be charged actual time.

43. Not granted in advance. — Sick leave will not be granted in
advance.

94 REGULATIONS GOVERNING PENSION BUEBAT7.

44. Dentistry. — ^Absence for the purpose of being treated profes-
sionally by a dentist at his office is not allowable as sick leave. This
is not intended to disallow sick leave for detention at home by illaess
or disability due to causes as to which a dentist is qualified to certify.

45. Sundays and Jiolidays. — Sundays, hohdays, and half holidays
occurring within a period of absence on account of sickness or quar-
antine will be charged, but when occurring at the beginning or end
of such leave will not be charged.

46. Intervening Sunday. — When an employee is on sick leave which
expires .on (including) Saturday, and continues absent beginning
Monday following on annual leave, the intervening Sunday is not
charged.

47. Inspection of records foriidden. — Records of sick leaves are not
open to inspection by employees.

48. Penalties for deception. — ^All employees wiU be held to a strict
accountability for statements made by them of inability to perform
duty. When sick leave has been granted and subsequent develop-
ments prove that it was obtained by misrepresentation, it will be
charged to leave without pay even if the offender has annual leave
still due. A second attempt to mislead or deceive official superiors,
directly or indirectly, in regard to absence on account of alleged
sickness, will be deemed sufficient cause for dismissal.

49. Modifying annual leave to siclc leave. — No modification of annual
to sick leave will be made miless sickness begins on or before the
first day of the period granted as annual leave, whea the latter may
be surrendered and sick leave granted instead under the usual limita-
tions. The circumstances and surroundings of an employee on vaca-
tion are usually so different from when on official duty that it seems
beyond the intent of the law and regulations to grant sick leave
during a period of annual leave.

Such limitation of sick leave as -may he fixed wiU he under the "dis-
cretion of the head of the department," as provided in the act of March 15,
1898 {SO Stats., 316), as amended ly the act of July 7, 1898 {SO Stats.,
853).

LEAVE WITHOUT PAY.

50. Applications. — ^Applications for leave without pay shall be for-
warded to the Secretary, with recommendation of the head of the
bureau, excepting those enumerated in the following paragraph:

51. Employees not paid through department's disbursing office. —
Heads of bureaus are authorized to grant leave without pay to
employees who are not paid through the department's disbursing
office, such as the pension agencies, the Indian and land field services
(outside of Washington),, and the Geological Survey and Reclamation
Service, both of the latter having their own disbursing officers. The
foregoing need not be reported to the Secretary.

REGULATIONS GOVERNING PENSION BUREAU. 95

52. Not a right, hit a favor. — Leave without pay is not to be con-
sidered as a right, but may be granted as a favor only when, in the
opinion of the head of the bureau, the pubhc business will not suffer
by the absence and when reasonable cause is shown.

53. Not to he granted, for extended period; resignation instead. — Pub-
lic service will not pernait of an indefinite and indiscriminate exten-
sion of this privilege. Leave without pay for an extended period
will not be granted, but^ the employee desiring such leave will be
required to resign, subject to reinstatement, if in good standing.

54. Ahsence mthout pay at beginning of year. — An employee who is
absent at the end of the year without pay, and continues absent at the
beginning of the next year, is not entitled to annual or sick leave on
the new year's allowance until return to duty for an aggregate of
30 days; thereafter leave of absence with pay from January 1 is per-
missible.

55. Deduction of pay for absence in excess of legal limit. — Absence of
employees in excess of the legal allowance with pay must be covered
by an application for leave of absence without pay for one day or
more, as no excess can be permitted without a deduction therefor. In
the case of a deduction of a day's pay where the employee has not
been absent an entire day he may take the balance of the day's time
without further deduction, subject to approval by the chief clerk,
provided the time is taken in the same year.

56. Stop pay; immediate reports. — The payment of more money
than an employee is entitled to under the laws and rules must be
guarded against. Absences in excess of the lawful allowance must
be reported by the bureau to the Secretary immediately, excepting
employees covered by paragraph 51, and the disbursing clerk must
be promptly notified.

57. Basis for deduction from annual and sick aUowanxe, — ^A pro-
portionate deduction from allowance of both annual and sick leave
shall be made at the rate of 1 day for each 12 days (2 J per month)
of fiu-lough or leave without pay in the ciurent year. (See also
paragraphs 30 and 40.)

58. Retroactive deduction from annual leave. — If absence without
pay for 12 or more days should occur after annual leave is exhausted,
application for leave without pay to modify the excess of annual
leave already taken will be required. (See also paragraphs 30
and 40.)

59. Sundays and holidays included. — Sundays and hohdays and half
holidays occurring within a period of leave without pay will be
charged as whole days. Saturday in the summer months will be
charged as whole day.

60. Half holiday ending leave counted as whole day. — Where the
last day of a period of leave without pay is a Saturday (or other day)

76704°— 15 7

96 BEGULATIONS GOVERNING PENSION BUREAU.

of which the afternoon is a holiday, and the person returns to duty
the following Monday morning, it is necessary to charge the whole
day to conform with the Treasury regulation, which forbids the
division of a day's salary; and the balance of the overcharged day
may not be taken at some other time without further charge.

61. SuTiday between sick leave and leave without pay counted. — When
sick leave expires on (including) Saturday and the employee con-
tinues absent, beginning Monday following on leave without pay,
the intervening Sunday is charged without pay.

COUBT LEAVE.

62. Subpcenaed employees; special leave; Government witnesses. —
Employees who have been subpcenaed to attend court will be allowed
special leave of absence with pay when serving as witnesses for the
Government; otherwise such absence wiU be charged to annual leave
or leave without pay. {See sec. 850 Revised Statutes.)

63. Official business at court. — Attendance at court for official busi-
ness connected with the employee's usual departmental duties, and
time required in going and returning, is not considered absence from
duty. This applies to special agents, inspectors, and detailed clerks,
and similar employees whose cases take them into court to attend
trials.

ABSEHCE WITHOUT LEAVE.

64. Penalty. — Employees absent without first obtaining leave, and
not sick or quarantined, may be subject to the enforcement of leave
without pay, and repetitions of the offense may be deemed good
ground for dismissal.

UILITAKT.

65. Application for military leave must be supported by the certifi-
cate of a competent officer of the District National Guard.

WATCHMEN'S LEAVES.

66. Simdays and hofidays within periods of any kind of leave
granted watchmen will be counted, inasmuch as the requirements of
their service necessitates duty every day; but to offset, at least to
some extent, the captain of the watch may excuse them from duty
on occasional other days.

LAWS AUTHORIZING LEAVES OF ABSENCE.

Act of March 15, 1898 (30 Stats., 316), authorizing 30 days'
annual and 30 days' sick leave in fieu of the act of March 3, 1893
(27 Stats., 715), which authorized also 30 days' excess sick leave:

* * * Hereafter it shall be the duty of the heads of the several executive
departments, in the interest of the public service, to require of all clerks and other
employees of whatever grade or class, in their respective departments, not less than

REGULATIONS GOVEBNING PENSION BUREAU. 97

seven hours of labor each day, except Sundays and days declared public holidays
by law or executive order: Provided, That the heads of the departments may, by
special order, stating the reason, further extend the hours of any clerk or employee
in their departments, respectively; but in case of an extension it shall be without
additional compensation: Provided further, That the head of any department may
grant thirty days' annual leave with pay in any one year to each clerk or employee:
And provided further, That where some member of the immediate family of a clerk
or employee is afflicted with a contagious disease and requires the care and attend-
ance of such employee, or where his or her presence in the department would jeopardize
the health of fellow-clerks, and in exceptional and meritorious cases, where a clerk
or employee is personally ill, and where to limit the annual leave to thirty days in
any one calendar year would work peculiar hardship, it may be extended, in the
discretion of the head of the department, with pay, not exceeding thirty days in
any one case or in any one calendar year.

This section shall not be construed to mean that so long as a clerk or employee
is borne upon the rolls of the department in excess of the time herein provided tor
or granted that he or she shall be entitled to pay during the period of such excessive
absence, but that the pay shall be stopped upon the expiration of the granted leave.

Act of July 7, 1898 (30 Stats., 853), authorizing 30 days' annual
leave "notwithstanding such clerk or employee may have had
during such year not exceeding 30 days' leave with pay on account
of sickness. "

* * * Nothing contained in section seven of the act making appropriations
for the legislative, executive, and judicial expenses of the Government for the fiscal
year eighteen hundred and ninety-nine, approved March fifteenth, eighteen hundred
and ninety-eight, shall be construed to prevent the head of any executive department
from granting thirty days' annual leave with pay in any one year to a clerk or
employee, notwithstanding such clerk or employee may have had during such year
not exceeding thirty days' leave with pay on account of sickness as provided in said
section seven.

Act of February 24, 1899 (30 Stats., 890), providing that 30
days' annual leave " shall be exclusive of Sundays and legal holidays. "

* * * That the thirty days' annual leave of absence with pay in any one year
to clerks and employees in the several executive departments authorized by existing
law shall be exclusive of Sundays and legal holidays.

Act of March 1, 1889 (25 Stats., 779), providing for the organiza-
tion of the Militia of the District of Columbia.

Sec. 49. That all oflB.cers and employees of the United States and of the District
of Columbia who are members of the National Guard shall be entitled to leave of
absence from their respective duties, without loss of pay or time, on all days of any
parade or encampment ordered or authorized under the provisions of this act.

By the act of July 1, 1902 (32 Stats., 615), the foregoing section
is construed to cover all days of service which the National Guard, or
any portion thereof, may be ordered to perform by the commanding
general.

98 REGULATIONS GOVERNING PENSION BUREAU.

GENEBAL FBACTICE.

REGULATIONS AND INSTBUCTIONS BELATING TO PENSION

CLAIBIS.

SECLARATIOirS AITD EVIDENCE.

416. All declarations and affidavits must be executed before some
officer duly authorized to administer oaths for general purposes, in
accordance with the provisions of the act of Congress approved
July 26, 1892.

417. Blank forms of declarations shall be furnished to claimants
upon application therefor. They shall not be furnished to agents or
attorneys, but sample forms shall be sent on request.

418. A claimant imder any law may prosecute his claim in person,
or by attorney under certain laws, and his claim shall receive the same
consideration by the Bureau of Pensions if prosecuted in person as
if by attorney.

PENSIONS TO SITRVIVOSS OF WAKS FKIOB TO 1811, AND TO THEIR WIDOWS.

419. War of the Revolution, service perisions. — (a) Widows of soldiers
who served for 14 days or more, or were in battle during the war,
were entitled, provided they had not remarried, to $8 per month from
March 9, 1878, and $12 per month from March 19, 1886. (&) The
widow of a Revolutionary soldier who, in his Ufetime, was granted a
pension, was entitled, under section 4743, Revised Statutes, to pension
at the same rate as was paid the husband, notwithstanding remarriage,
upon proof of widowhood, (c) There is no law granting pension to
the daughters or other descendants of soldiers of the Revolution.
Any daughters of Revolutionary soldiers who received pensions were
placed on the pension roU by special acts of Congress.

420. War of 1812, service 'pensions. — (a) Under the act of March 9,
1878, soldiers and sailors who served 14 days or more, or were in
any engagement, during this war, and were honorably discharged,
and the widows of such soldiers and sailors, irrespective of the date
of marriage, are entitled to $8 per month from March 9, 1878. Under
the act of March 19, 1886, widow pensioners mentioned in this para-
graph are entitled to $12 per month from that date. (&) There is
no law granting service pensions to the descendants of soldiers or
sailors of the War of 1812.

421. Indian wars from 1832 to 1842, service pensions. — (a) The act
of July 27, 1892, provides pensions for the surviving officers and en-
listed men, including marines, militia, and volunteers, who were in
the military or naval service of the United States for 30 days in the
Black Hawk War, the Creek War, the Cherokee disturbances, or the
Florida War with the Seminole Indians, and were honorably dis-
charged; or who were personally named in any resolution of Congress

EEGULATIONS GOVEHNING PENSION BtTKBAU. 99

for specific services therein; and for their widows, provided they have
not remarried. Claimants under this actmust be actual and bona fide
residents of the United States at the date of making application. All
pensions tmder this act are fixed at $8 per month, irrespective of rank,
and are payable from July 27, 1892, or, in widows' cases, where the
soldier died subsequent to July 27, 1892, from the date of his death.
The rate for widows is increased to $12 by the act of April 19, 1908,
and the rate for survivors to $20 by the act of February 19, 1913.

422. Indian wars from 1817 to 1858. — The provisions of the fore-
going act of July 27, 1892, were extended by the act of June 27, 1902,
from the date of its passage, to the surviving ofiicers and enlisted
men, including marines, militia, and volunteers of the military and
naval service of the United States who served for 30 days or more
and were honorably discharged under the United States military,
State, Territorial, or provisional authorities in certain specified Indian
wars occxu-ring from 1817 to 1858. This act also made provision for
the surviving widows of such ofiicers and men who have not remar-
ried. In establishing these claims a record of pay by the United
States is accepted to prove record of enlistment and service.

423. Indian wars, etc., from 1856 to 1860. — The provisions of the
foregoing act of July 27, 1892, were extended by the act of May 30,
1908, to the surviving officers and enlisted men of the Texas volun-
teers who served in the defense of the frontier of that State against
Mexican marauders and Indian depredations from the year 1855 to
the year 1860, inclusive, and to the surviving widows of such officers
and men who have not remarried. In establishing these claims,
where there is no record of enlistment or muster into the service of
the United States, the fact of reimbursement to the State of Texas
by the United States, as evidenced by the muster rolls and vouchers
on file in the bureau, shall be accepted as full and satisfactory proof
of such enlistment and service.

424. Mexican War, service pensions. — (a) Under the act of January
29, 1887, officers and enlisted men who were in the military or naval
service of the United States for 60 days in the Mexican War, or on
the coasts or frontier thereof, or en route thereto, or who were in a
battle and were honorably discharged, or who were personally named
in any resolution of Congress for specific services therein, are entitled
to pension if 62 years of age; or, if not, upon proof of pensionable
disability or dependence, but disability incurred while voluntarily
aiding or abetting the late rebellion does not give title to pension.
(6) Widows of officers and enlisted men who served as above are en-
titled to pension upon the same conditions as to age or dependence as
apply to officers and enlisted men. (c) Pensions under this act com-
mence on January 29, 1887, if a pensionable condition existed at that
date, in survivors' claims, by reason of age, dependence, or disabifity.

100 REGULATIONS GOVEENING PENSION BUREAU.

and in widows' claims, by reason of age or dependence; if not, then on
the date the applicant becomes 62 years of age, or dependent, or dis-
abled within the meaning of the law. (d) The rate of pension to
survivors is $8 per month, irrespective of rank. This rate for sur-
vivors was increased by the act of January 5, 1893, to $12 per month,
but its benefits were limited to those who were pensioners on January
5, 1893. To secure this increase the act requires that a pensioner
must show that he is whoUy disabled for manual labor and in such
destitute circumstances that S8 per month is a sum insufficient to pro-
vide him with the necessaries of life. The act of April 23, 1900,
removed the limitation imposed in the act of January 5, 1893. The.
act of March 3, 1903, pensions all survivors of the Mexican War at $12
per month, irrespective of the conditions named in the act of January
5, 1893, and the act of April 23, 1900. (e) The pension to a widow
under this act is $8 per month, but the act of April 19, 1908, estab-
lishes a minimum rate of $12 per month for all pensions granted to
widows. (/) Descendants of deceased Mexican War soldiers are not
entitled to service pension.

425. Act of February 6, 1907. — Under this act any person who
served. 60 days in the War with Mexico in the military or naval
service of the United States and has been honorably discharged
therefrom, and who has reached the age of 62 years or over, is entitled
to a pension at the following rates, irrespective of rank: At 62 years,
$12 per month; at 70 years, $15 per month; and at 75 years or over,
$20 per month. Pension commences from the date of filing claim in
the Bureau of Pensions subsequent to February 6, 1907, after attain-
ing the specified age.

426. Act of May 11, 1912. — This act provides that any person
who served 60 days or more in the War with Mexico and has been
honorably discharged therefrom shall receive a pension of $30 per
month.

427. Pensions for disability or death due to service prior to March ^,
1861. — (a) Soldiers who were wounded or injured, or who contracted
disease in the fine of duty, are entitled to pension corresponding in
rate to the degree of the disabiUty incurred in the service. Persons
who rendered naval service are entitled to a Uke pension, under the
same conditions, excepting that no pension may be granted to an
engineer, fireman, or coalheaver for disability incurred prior to
August 31, 1842. (6) The widows, or children under 16 years of age,
of soldiers who served prior to March 4, 1861, are entitled to pension, if
the soldier's death was due to causes originating in time of actual
war, and not otherwise. Widows, or children under 16, of sailors who
served prior to March 4, 1861, are entitled to pension only when the
death of the sailor occurred in the service and in the line of duty,
(c) Pensions mentioned in this paragraph, if not applied for within

Regulations goveening pension bureau. 101

three years from the discharge or death of the person on whose
account the right to pension exists, or within three years of the
termination of a pension previously granted on account of the service
and death of such person, commence from the date of filing by the
person prosecuting the claim the last paper necessary to establish the
same, (d) The rate of pension allowed to one whose pensionable
rights accrued prior to March 4, 1861, is subject to variation, after
July 25, 1866, in accordance with the laws passed since March 4,
1861. (e) There is no provision of law granting pensions to the
parents, brothers, or sisters of persons who rendered military or naval
service prior to March 4, 1861.

PENSIONS TO INVALIDS SINCE MAKOH 4, 1861.

428. Sections ^692 and 4693, Revised Statutes. — The declarations
should set forth the company and regiment in which the applicant
served, the name of the commanding officer of the company or
organization, and the dates of enlistment and discharge, with personal
description at enlistment. In Navy cases, the vessels on which
claimant served should be stated. If the claim is made on account
of a wound or injury, the declaration should set forth the nature and
locahty of the wound or injury, the time when, the place where, and
the circumstances under which it was received, and the duty upon
which the applicant was engaged.

If the woimd or injury was accidental, the appHcant should state
whether it happened through his own agency, or that of other per-
sons, and he should detail miautely the circumstances under which it
was received.

If the claim is made on account of disability from disease, the
applicant should state in said declaration when the disease first
appeared, the place where he was when it appeared, and the duty
upon which he was engaged at the time. He should also detail the
circumstances of exposure, and the causes which, in his opinion,
produced the disease. Whether the application be made on account
of disability from wound, injury, or disease, the claimant should
state the names, addresses, and localities of all hospitals in which he
received medical or surgical treatment, giving the dates of his
admission thereto, as correctly as he may be able.

429. The applicant should state in the declaration each and every
permanent disability which he claims he contracted in the service in
line of duty, and should also state definitely that the disabilities
named are the only disabilities so contracted. If such statement be
not embodied in the declaration, the applicant shall be required to
make it in a supplemental affidavit; and this requirement shall apply
to claims heretofore made and now pending.

102 REGULATIONS GOVBENING PENSION BUREAU.

The applicant should state his post-office address, including street
and number, or rural free delivery route, if any.

430. In declarations for original invalid pensions under sections
4692 and 4693, Revised Statutes, the signature of the applicant should
be witnessed by the signatures of two competent, credible witnesses,
who should appear with him before the officer whose jurat is attached
to the declaration.

EVIDENCE KEQUIRED IN A CLAIM FOS INVALID PENSION.

431. After the receipt of an application for pension a call shall be
made, in Army cases, upon The Adjutant General for the full mihtafy
and medical history of the applicant, as shown by the records of the
War Department. In Navy cases, calls for such evidence shall be
made upon the proper bureaus of the Navy Department.

432. Since the consohdation of the records on file in the War
Department in February, 1889, it is often practicable to obtain addi-
tional information relating to a soldier's service and hospital treat-
ment, and when the report heretofore furnished by the War Depart-
ment was made prior to said consolidation of the records another call
should be made on the War Department for a military and medical
history of the soldier, returning the reports now on file.

433. When the records of the War or Navy Department do not
furnish satisfactory evidence that the disability on account of which
the claim is made originated in the service of the United States, and ia
the line of duty, the claimant shall be required to furnish such evidence
in accordance with the instructions hereinafter given, and compliance
with such requirement must be full and definite.

434. "Line of duty" is a technical phrase, which is defined in the
administration of the pension laws as that relation which a soldier or
sailor sustains to the military or naval service of the United States
when performing an act connected with any of the possible conditions
or requirements of the service, or in the observance of the proper
orders of his superiors, not in violation of the Army or Navy regu-
lations.

435. If the disabihty resulted from a wound or injury, the nature
and location of the wound or injury, the time when, the place where,
and the maimer in which it was received, whether in battle or other-
wise, should be shown by the evidence of some one who was a commis-
sioned officer and had personal knowledge of the facts.

436. If the person called upon to give evidence is still in the service
as a commissioned officer, his certificate shall be accepted in Heu of his
affidavit. If there is no record of the disability claimed, the applicant
shall be called upon to furnish the testimony of the surgeon by whom
he was treated, showing the location and nature of the woimd or
injury and the circumstances under which it was received.

REGULATIONS G0VBENIN6 PENSION BUREAU. 103

437. If the disability arose from disease, the testimony of the medi-
cal officer who treated the applicant in service should be furnished, if
possible, showing the name and nature of the disease, the time when,
the place where it was contracted, and the circumstances of exposure
to the causes which, in his opinion, produced the same; and he should
state whether, in his opiaion, the habits of the applicant were con-
tributory to the origin or development of the disease.

438. In any claim, whether based on wound, injury, or disease, if
it be shown that the testimony of a surgeon, assistant surgeon, or other
commissioned officer can not be produced as evidence of the origin of
the disability alleged, the testimony of other persons having personal
knowledge of the facts shall be considered.

439. In a claim on account of disability from disease tne applicant
must furnish the testimony of each physician who has attended him
since the date of discharge, explicitly setting forth the history of the
disease and the disability since its first appearance. It is especially
important that the physician who first attended the applicant after his
discharge state the date at which the attendance commenced. If it
should not be possible for the applicant to show the condition of his
health during the whole period since the date of his discharge by
the testimony of physicians, the cause of his inability to do so should
be stated by him, under oath. The testimony of other persons on this
point may then be presented. Statements of witnesses in regard to
the manner in which the applicant was affected' should be full and
definite and should show how such witnesses obtained a knowledge of
the facts to which they testify.

440. The act of March 3, 1885, provides that all applicants for pen-
sions shall be presumed to have had no disability at the time of enlist-
ment; but such presumption may be rebutted. It has been held that
after six months' continuous service immediately following enlistment
uninterrupted by the incurrence of any pensionable disability, dis-
eases contracted thereafter shall be accepted as due to the service upon
record evidence alone. If there is a record of the alleged disease soon
after the soldier's enlistment, and the evidence raises a doubt as to its
origin in the service, the questions of prior soundness and origin
should be determined by special examination, but all the surroundings
of the case should be carefully considered before this course is taken.

441. Injuries are not accepted as established merely on a record
of treatment for' same in service, for the reason that they may or
may not have been received in line of duty. There is no class of
claims which should be more carefully guarded than those for injuries
and the evidence produced to show origin thereof in service and line
of duty should always be based upon actual personal knowledge of
the nature and extent of the injury, as well as the circumstances

104 REGULATIONS GOVEENING PENSION BUREATT.

under which such injury was received, in order that the bureau may
be able to determine the question of origin in the Hne of duty.

442. Act of June 27, 1890, as amended hy act of May 9, 1900. — ^Any
officer, soldier, sailor, or marine who served 90 days or more in the
military or naval service of the United States during the late War
of the Rebellion, who has been honorably discharged therefrom, and
who is suffering from disability of a 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 a pension under this act of
not less than $6 nor more than $12 per month.

443. The act of May 9, 1900, amending the act of June 27, 1890,
provides that, in determining inability to earn a support, each and
every infirmity shall be considered, and the aggregate of the disabil-
ties shown be rated. These acts require an honorable discharge from
each and every term of service rendered during the War of the Rebel-
lion. A modification of this requirement has resulted, by reason of
the provisions of section 2 of the joint resolution of July 1, 1902,
as amended by the joint resolution of June 28, 1906. As the law
now stands the honorable discharge of any soldier or sailor from
any subsequent contract of service entered into by him during the
late War of the Rebellion is regarded as an honorable discharge from
all previous contracts of service previously entered into by him with
the United States during the said war, if the servicfe under such sub-
sequent contract was for not less than six months, and was faithful,
and if he had not received by reason of the subsequent service any
bounty or gratuity, other than from the United States, in excess of
that to which he would have been entitled if he had continued to
serve faithfully until honorably discharged under any contract of
service previously entered into by him during the War of the Rebel-
lion. The limitation of section 4716, Revised Statutes, operated
against claimants under these acts until July 1, 1902, the date of the
passage of the joint resolution above referred to, the first section
of which removed the limitation as to disloyalty, except as to those
who enlisted in the Army or Navy of the United States after January
1, 1865.

444. Acts of February 6, 1907, and March 4, 1907.~Bj the terms of
these acts any person who served 90 days or more in the military or
naval service of the United States during the late Civil War, and who
has been honorably discharged therefrom, is entitled to a pension at
the following rates, irrespective of rank: At 62 years of age, $12 per
month; 70 years of age, $15 per month; 75 years or over, $20 per
month. Pension commences from the date of filing claim in the Bureau
of Pensions, subsequent to February 6, 1907, after attaining the speci-
fied age.

REGULATIONS GOVERNING PENSION BUREAU.

105

The bases of title under these acts, except as herein otherwise stated,
are the same as under the act of June 27, 1890, as amended by the
act of May 9, 1900.

445. Act of May 11, 1912. — By the terms of this act any person
who served 90 days or more in the military or naval service of the
United States during the late Civil War, and who has been honorably
discharged therefrom, is entitled to a pension at various rates, irre-
spective of rank, based upon age and length of service, as foUows:

Ag6.

90 days.

6 months.

1 year.

li years.

2 years.

2i years.

3 years.

62
66
70
75

$13
15
18
21

»13. 60
15.50
19.00
22.60

$14
16
20
24

114.60
16.60
21.50
27.00

$15
17
23
30

$16.50
18.00
24.00
30.00

$16
19
26
30

446. If a soldier was wounded in battle or in line of duty and
received an honorable discharge, and is now unfit for manual labor
by reason thereof; or, from disease or other causes incurred in line
of duty, resulting iu his disability, is now unable to perform manual
labor, he shall be paid the maximum pension under this act without
regard to length of service or age.

447. Pensions under act of May 11, 1912, commence from the date
of filing of the applications in the Bureau of Pensions.

448. Act of March 4, 1913. — Under the terms of this act, increase
of pension under the act of May 11, 1912, on account of advancing
age shall be made without further application by pensioner, and shall
take efi'ect and commence from the date he is shown to have attained
the age provided by this act as the basis of rating.

In considering claims under this act, an examiner is not prevented
from making such further investigation as to date of birth as is deemed
necessary in order to establish a record upon which further increases
of rate on account of advancing age may be possible, the object being
to advance automatically the rate of pension.

449. Claims for increase of invalid pensions. — ^A pensioner who
may deem himself entitled to an increase of pension should file a
declaration setting forth the grounds upon which he bases his claim.
Upon the receipt of such claim, the same shall be taken up to deter-
mine the propriety of ordering a medical examination.

450. Claims for restoration and renewal of pension.- — In cases of
unclaimed pensions (sec. 4719, R. S.) there must be filed evidence
specifically accounting for the failure to claim the pension, and, in
the case of invalids, medical evidence showing the continuance of
the disabihty on account of which pension was allowed.

Apphcation for renewal of pension must be made by a declaration
executed as in original claims, setting forth that the cause for which
pension was granted still continues.

106 REGULATIONS GOVEENING PENSION BUREAU.

NAVY SERVICE ALLOWANCES.

451. Under sections 4756 and 4757, Revised Statutes, pensions
for 20 years' service and for 10 years' service, respectively, are
allowed by the Secretary of the Navy to enlisted men and appointed
petty officers who have not been discharged for misconduct. Pen-
sion commences from the date of filing the claim therefor in the
Navy Department; and for 20 years' service amounts to one-half
the monthly pay of the apphcant's rating, at his discharge; for 10
years' service the pension can not exceed the rate for total dis-
abihty or one-fourth of the rate of pension he is receiving for dis-
ability, and is fixed, as is also its duration, by the Navy Department.
An application for pension under the sections referred to should be
made to the Secretary of the Navy.

PENSIONS TO WIDOWS SINCE MARCH 4. 1881.

452. Sections J!^702 and J^IOS, Revised Statutes. — To obtain pen-
sion under these sections it must be shown that the soldier or
sailor died of a disability contracted in the service and in the line
of duty. The date, place, and cause of death of the soldier or saUor
through whom the pension is claimed should be shown by a verified
transcript of the public record. When the public record is indefinite
as to the cause of death, and when it is necessary to show the patho-
logical connection between the death cause as shown in the record and
the disability as proven of service origin, the testimony of the at-
tending physician should be filed, giving a fuU history of the soldier's
fatal illness and the mode and manner of death; but when this is
impossible the testimony of other persons who are acquainted with
the circumstances may be furnished.

463. Proof of marriage. — The marriage of the applicant to the per-
son on account of whose service and death the claim is made should
be shown by the best obtainable evidence in the following order —

(1) By a duly verified copy of a public or church record; or

(2) By the affidavit of the clergyman or magistrate who officiated;
or

(3) By the testimony of two or more eyewitnesses to the cere-
mony; or

(4) By the testimony of two or more witnesses who know that the
parties lived together as husband and wife and were recognized as
such, and who shall state how long, within their knowledge, such
cohabitation continued; or

(5) By a duly verified copy of the church record of baptism of the
children.

The highest evidence obtainable in the order of preference above
stated shall be required. Inability to furnish the higher kind of
evidence must be clearly shown before the next lower kind is
admissible.

REGULATIONS GOVEEKING PENSION BUREAU. 107

454. Section 2, of the act of August 7, 1882, provides:

That marriages, except such as are mentioned in section 4705, of the Keviscd Stat-
utes, shall he proven in pension cases to he legal marriages according to the law of the
place where the parties resided at the time of marriage or at the time when the right
to pension accrued.

455. Section 4705, Revised Statutes, provides that in the claims
of the widows and children of colored and Indian soldiers and sailors
there need be no other evidence of marriage than satisfactory proof
that the parties were joined in marriage by some ceremony deemed
by them obligatory, or habitually recognized each other as husband
and wife, and were so recognized by their neighbors, and lived together
as such up to the date of enlistment, when such soldier or sailor died
in the service, or, if otherwise, to the date of his death. This sec-
tion shall not apply to claims on account of persons who enlisted <
after March 3, 1873.

456. If either applicant or soldier has been previously married, the
death or divorce of aU former consorts shotdd be proven, in the case
of death, preferably by verified copy of the pubUc or church record
or by the testimony of credible witnesses; and in the case of
divorce, by certified copy of the decree of court. If there was no
prior marriage on the part of the applicant or the soldier, this fact
should be shown by the testimony of at least two credible witnesses
who have known the applicant and the soldier from the time they
became of marriageable age.

457. In the claim of a widow, competent testimony should be pro-
duced showing whether she and the soldier were ever divorced, and
whether they lived together as husband and wife up to the date of the
soldier's death. If for any reason they were not Uving together at
the time of his death, but their separation was by mutual agreement
or otherwise and not by legal divorce, all the facts relating to such
separation should be fuUy produced, in order that her rights may be
fully and clearly determined.

458. Under the act of March 3, 1899, a widow who did not marry
the soldier prior to the date of the act, or prior to or during his service,
has no title to widow's pension unless it be shown that she lived and
cohabited with him continuously from the date of marriage to. the
date of his death, or, iu case of separation, that such separation was
through no fault of hers. The widows of Spanish War soldiers are
excepted from the operation of this act.

459. Proof of dates of hirth of children. — The dates of birth of chil-
dren should be proved by the best obtainable evidence in the follow-
ing order —

(1) By a didy verified copy of the pubUc record of births, or the
church record of baptism; or

108 REGULATIONS GOVERNING PENSION BUREAU.

(2) By the affidavit of the physician who attended the mother; or

(3) By the testimony of persons who were present at the births,
who should state how they are now able to fix the precise dates.

(4) Where the evidence called for in the preceding paragraphs can
not be obtained, the best obtainable evidence should be furnished
in order to enable the bureau to approximate the dates of birth.
It is worthy of note that the records of the Census Bureau not infre-
quently afford information on this point.

Inability to furnish the higher kind of evidence must be clearly
shown before the next lower kind is admissible.

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

460. Children born before the marriage of their parents, if acknowl-
edged by the father before or after marriage, shall be deemed legiti-
mate.

461. The additional pension granted to the widow on account of
the minor children of the soldier by a former wife can be paid her
only for such period of her widowhood as she has been or shall be
charged with the maintenance of such children.

462. Act of June 27, 1890, as amended iy act of May 9, 1900. —
Pensions under these acts are granted tf > widows upon proof —

(1) That the soldier or sailor served at least 90 days during the
War of the Rebellion.

(2) That he was honorably discharged.

(3) That he is dead, but his death need not have been the result
of his Army or Navy service. Under the act of March 13, 1896, his
death may be presumed after seven years unexplained absence.

(4) That the widow is without means of support other than her
daily labor and such actual net income as is provided by the act of
May 9, 1900.

(5) That she married the soldier or sailor prior to Juno 27, 1890.

463. Act of April 19, 1908. — Pensions under this act are granted to
widows upon proof —

(1) That the soldier or sailor served at least 90 days during the
Civil War.

(2) That he was honorably discharged.

(3) That he is dead, but his death need not have been the result
of his Army or Navy service. Under the act of March 13, 1896, his
death may be presumed after seven years unexplained absence.

(4) That she was married to the soldier or sailor prior to Junn
27, 1890. ^

464. In widows' claims under the act of June 27, 1890, as amended,
or under the act of April 19, 1908, the provisions of the joint resolu-

REGULATIONS GOVERNING PENSION BUREAU. 109

tion of July 1, 1902, and amendments, apply the same as in invalid
claims.

FEDTSIONS TO MINORS SIXOE UAKCH 4, 1861.

465. Sections 1^102 and J^IOS, Revised Statutes. — To obtain title to
pension under these sections it must be shown that the father of the
minor children died of a disability contracted in the service and in
the line of duty; and, in addition, proof must be furnished as follows:

(1) The cause and date of the father's death, ^ the marriage of the
parents, and the dates of birth of the children must be established as
in widows' claims. 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.

(2) If the mother of the children is dead, the date of her death
must be proved. If she remarried, her remarriage must be shown in
the same manner that her marriage to the father of the children is
required to be established. If the claim is based on the fact that the
widow has abandoned the care of the children, or that she is an un-
suitable person, by reason of immoral conduct, to have the custody
of them, and such fact be duly certified under seal, by any court
having probate jurisdiction, or be shown by satisfactory evidence,
the children are given a pensionable status by section 4706, Revised
Statutes, to the exclusion of the widow, until they severally attain
the age of 16 years, to commence from the date of last payment to
the widow, if she be a pensioner, and if not, from the date on which
her pensionable rights accrued.

(3) If the mother of the children died before the father, it must
be shown whether he again married.

(4) It must be shown whether the father left any other pensionable
child than the minors for whose benefit the claim is made, and, if so,
why such child was not mentioned in the application. In minors'
claims pension can not be allowed on account of a child who died
prior to the allowance of the claim.

466. Act of June 27, 1890, as amended ly act of May 9, 1900. —
Minor children have title under these acts upon the death or remar-
riage of the widow of the soldier or sailor. Where, however, the
widow was not married to the soldier or sailor prior to June 27, 1890,
and his death cause did not originate in the service and in the line of
duty; or where she has forfeited her title to pension by open and
notorious adulterous cohabitation, or has been suspended under the
provisions of section 4706, Revised Statutes, the minor takes title,
even though the widow be aUve and unmarried.

467. A minor's claim for pension may be made and prosecuted by
the minor himself or by a next friend or guardian, but if the claim is
allowed before his majority the payment of pension shall be made
only to a duly appointed guardian.

110 EEGULATIONS GOVERNING PENSION BUREAU.

FENSIOirS TO HELPLESS CHILDREIT.

468. The first proviso of the third section of the act of June 27,
1890, as amended by the act of May 9, 1900, continues the pension of
a minor child who is insane, idiotic, or otherwise physically or men-
tally helpless, after it becomes 16 years of age, during the life of
said child, or during the period of such disability. The benefits
of this proviso are extended to all pensions granted before June 27,
1890, or thereafter granted, imder any statute. The pension al-
lowed by the proviso commences from the date of the filing of the
application therefor in the Bureau of Pensions. In order to obtain
title, the helplessness of the child must have originated prior to
attaining the age of 16 years, and have continued thereafter.

469. No helpless child of the soldier over 16 years of age at the
date of death of the soldier has title to pension under these acts.

PENSIONS TO SEPENDEITT RELATIVES.

470. Section J^lOl, Revised Statutes. — To obtain title to pension
under this statute, it must be shown that the soldier or sailor died of a
disability contracted in the service and in line of duty.

471. Dependent mothers. — In a mother's claim, her relationship
to the soldier or saUor, the date and cause of the son's death, whether
he left a widow or minor children surviving, and her dependence on
him for support at the time of his death, must be shown.

472. 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, or that, on account of disability from
injury or disease, he was unable to support her.

473. If the husband is dead, the date of his death must be proved.
If he abandoned the support of his family, the date of the abandon-
ment, and all the facts of the case, showing whether he ever returned
or ever afterwards contributed to the support of the claimant,
must be fuUy set forth. If any person who is legally bound to con-
tribute to the support of the mother claimant neglect or fail to do so,
and the State or local laws afford a remedy, it should be shown
whether the claima,nt has invoked the aid of such laws to compel
support. If the father was disabled, the nature and cause of the
disability, when, and to what extent, it rendered him unable to sup-
port 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 present time should also be shown.

474. The value of the property of the claimant and her husband,
the income derived therefrom, and the other means of support pos-
sessed by her while she was receiving the contributions of the son on
account of whose service and death pension is claimed, and from that
time to the present, should be shown by the testimony of credible

REGULATIONS G0VEBNTN6 PENSION BUREAU. Ill

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 custody of the records relative thereto,
who should also state the ratio of the assessed to the actual or cash
value of such property.

475. 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
the mother's use, or of those who otherwise had a knowledge of the
contributions of the son, and who must state how they obtained
such knowledge. Any letter from the son, bearing upon the ques-
tion of support, should be filed. If the son, in any other manner
than by actual contributions, acknowledged his obligation to support
his mother, or was, by law, bound to such support, the facts should
be shown.

476. Dependent fathers. — In a father's claim for pension on account
of the death of a legitimate son upon whom he was dependent for
support, there must be proven —

(1) The cause of his son's death;

That said son left no widow or minor child surviving;

The cause and extent of claimant's disability during the period in
which the son contributed to his support, and from that time to the
present;

The amount of his property, and all other means of support pos-
sessed by him during that period, and the extent of his dependence
upon his son for support. <

The facts of the case, in each respect, should be shown by such
testimony as is required in the claim of a mother.

(2) The date of the claimant's marriage to the mother of the
soldier or sailor, the date of birth of the son, and the date of the
death of said mother, 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 fact established in a mother's
claim shall not again be required.

477. Minor brothers and sisters. — In a claim on behalf of minor
brothers and sisters there must be proved —

The cause and date of death of the brother on whose account the
claim is made ;

His celibacy;

The dates of death of the mother and father, or death of the father
and remarriage of the mother;

The dates of birth of the claimant and other dependents upon the
brother for support.
76704°— 15 8

112 REGULATIONS GOVERNING PENSION BUREAU.

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 fact established in the claim of the mother or
the father wiQ not again be required.

In the administration of the pension laws no distinction is made
between brothers and sisters of the half blood and those of the whole
blood.

478. A minor brother or sister's claim for pension may be made
and prosecuted by the minor or by next friend or guardian, but if the
claim is allowed before his majority the payment of pension shall be
made only to a duly appointed guardian.

479. Act of June 27, 1890 {.construed as amending sec. 4707, B. S.,
as to dependent parents). — The same evidence is required in claims
imder this act as under section 4707, Eevised Statutes, in its original
form, except as to contributions by the soldier or sailor, and as to
date of dependence, which is changed from the date of the soldier's
or sailor's death to the date of the filing of the application for pension
under this law.

480. The rate of pension under section 4707, Revised Statutes, in
its original form, and under section 1 of the act of June 27, 1890, is
governed by the rank of the soldier or sailor on account of whose
service and death pension may be claimed.

481. If the claim is prosecuted under section 4707, Revised Stat-
utes, the attorney's fee may be $25; if prosecuted under section 1 of
the act of June 27, 1890, the fee is $10.

CLAIMS FOB BESTORATION AND RENEWAL.

482. Application for restoration of pension (sec. 4719, R. S.) must
be submitted by a declaration executed as in an original claim, set-
tiug forth fully the reasons for failure to draw pension, accompanied
by evidence satisfactorily accounting for such failure.

483. The act of March 3, 1901, amending section 4708, Revised
Statutes, provides for renewal of pension to certain remarried widows
on renewed widowhood. The applicant under these acts must show
that she was the wife of the officer, soldier, or sailor during the
period of his service in a war; that she was pensioned as his widow
by reason of his death being due to disability of service origin in
such war ; that her name was dropped from the roll by reason of her
remarriage to another person who has since died, or from whom she
has been divorced upon her application, and without fault on her
part; and that she is without means of support other than her daily
labor and a net income not exceeding $250 per annum. The fact
that the widow was originally barred from pension by the terms of
the act of March 3, 1865, by reason of her remarriage, does not
deprive her of title to pension under the amendatory act of February
28, 1903.

EEGULATIONS GOVERNING PENSION BUREAU. 113

FEirsioirs TO armt xturses.

484. Act of August 5, 1892. — By this act all women employed by
the Surgeon General of the Army as nurses dxu-ing the late War of
the Rebellion, for a period of six months or more, and who were
honorably relieved from such service, are entitled to a pension, pro-
vided they are unable to earn a support.

DROPPING, RECOVERY, STTSPENSION, AND RECOUPMENT.

485. Under the provisions of the act of December 21, 1893, any
pension heretofore or that may be hereafter granted to any applicant
under any law of the United States, shaU be deemed to be a vested
right in the grantee to that extent that payment thereof shall not be
withheld or suspended until, after due notice to the grantee of not
less than 30 days, the commissioner, after hearing all the evidence,
shall decide to annul, vacate, modify, and set aside the decision upon
which such pension was granted.

486. 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.

487. All cases in which these questions arise are to be determined
by the Board of Review or by the medical referee, as the case may be,
and where dropping, reduction, or recoupment is proposed, the evi-
dence furnished tending to show absence of title or that the rate of
pension now pending is excessive should be brought to the personal
attention of the commissioner.

488. Pension paid in consequence of fraud on the part of the pen-
sioner or of a mistake of fact in the adjudication of the claim may
be recovered by withholding accruing pension.

CLAIMS FOR SHARE OF PENSION PAID TO INMATES OF THE GOVERNMENT HOSPITAL

FOR THE INSANE.

489. Act of February 2, 1909. — By the terms of this act, the pension
accruing to an inmate of the Government Hospital for the Insane
must be paid to the superintendent or disbursing agent of such hos-
pital, and the money so paid shall be disbursed and used, under the
regulations prescribed by the Secretary of the Interior, for the benefit
of the pensioner, and in the case of a male pensioner, his wife, minor
children, and dependent parents, or, if a female pensioner, her minor
children, if any, in the order named. All questions affecting the
right of a claimant to a share of the pension of an inmate of the
hospital are determined upon evidence submitted to the Commissioner
of Pensions, in accordance with the practice obtaining in such cases.
The findings of the Commissioner of Pensions upon the evidence are
submitted to the Secretary of the Interior for approval, and, upon
the latter' s direction, the disbursing officers of said hospital shall

114 REGULATIONS GOVERNING PENSION BUREAU.

make proper distribution of the pension money to the dependents
enumerated in said act.

490. Apphcations to the Commissioner of Pensions for allotment
of a share of the pension in cases under the act of February 2, 1909,
shoidd be made under oath, and the applicant should state the rela-
tionship to the insane person, the certificate number of such person,
if known, the aggregate value of all property owned by the apphcant,
as well as the sources of income and means of support of said apph-
cant. All allegations should be sustained by the testimony of persons
competent to testify from personal knowledge of the facts, and the
witnesses should state their ages, means of knowledge of the facts
to which they testify, and their post-office addresses, giving the street
and number, or rural free-delivery route, if any. In case the appli-
cation is made by the wife, she should furnish evidence of marriage
in the manner and order provided for in sec. 453. If either applicant
or pensioner had been previously married, the death or divorce of
the former consort should be proved; in case of death, preferably
by verified copy of the public or chm-ch record, or by the testimony
of credible witnesses; and, in case of divorce, by a certified copy of
the decree of the court. If there was no prior marriage on the part
of the applicant or the pensioner, this fact should be shown by the
testimony of at least two credible witnesses who have known the
applicant and the pensioner from the time they became of marriage-
able age.

491. In the cases of minor children or dependent parents, the rela-
tionship of the applicants to the pensioner must be satisfactorily
shown.

492. The application and the evidence necessary to estabhsh the
claim should be filed at the same time.

CLAIMS FOR PAYMENT OF PENSION TO WIVES OF INSANE PENSIONERS, OR TO WIVES
OF PENSIONERS UNDERGOING SENTENCE OF IMPRISONMENT.

493. Act of August 8, 1882. — Where an insane invahd pensioner
has no guardian, and has a wife or children dependent upon him, the
wife being a woman of good character, the Commissioner of Pensions
is authorized, in his discretion, to cause the pension to be paid to the
wife, upon her properly executed voucher, or, if there is no wife, to
the guardian of the children, upon his properly executed voucher,
and, in hke manner, to make payment of the pension due inVaUd
pensioners who are imprisoned for offenses against the law, to their
wives, or the guardians of their children.

Under this statute evidence showing the pensioner's insanity or
imprisonment, and, in the case of a wife, her good character, as well
as the proof required in claims under the act of February 2, 1909,
above, must be furnished.

KEGtlLATIONS GOVERNING PENSION BUREAU. 115

ACCaXTED AND REIMBTrKSEMENT CLAIMS.

494. Act of March 2, 1895. — An accrued pension is payable, under
the terms of this act, whether the certificate issues prior or subsequent
to the death of the soldier entitled to the pension, first, to his widow,
second, if there is no widow, to his child or children under 16 years of
age, third, in case of a widow, to her minor children by the soldier
who were under 16 years of age at the date of her death. No other
person is entitled to receive the accrued pension, as a matter of
right, nor is it considered a part of the assets of the estate of the
deceased pensioner. It is not liable for the debts of the estate, in
any case whatsoever, but inures to the sole and exclusive benefit of
the widow or children. The proof necessary to estabhsh a claim for
accrued pension is identical with that required to establish the claim
of a widow or minor child to original pension, in so far as the relation-
ship of the claimant for the accrued pension to the pensioner is
concerned.

495. A claim for reimbursement may be made by the person who
bore the expenses of the last sickness and burial of any pensioner who
died, leaving no widow, or child under 16 years of age, stu-viving,
provided the pensioner did not leave sufficient assets to meet such
expenses. An appUcation for reimbursement should be accompanied
by the following evidence:

BiUs of aU expenses of last sickness and burial. — If paid by the
claimant for reimbusement the bills must be properly receipted
to said claimant. If unpaid, the parties to whom said bills are due
should note on each bUl, over their signatures, that they hold the
claimant responsible for the payment. If the bill be for medical
treatment it must show the dates of visits or treatment and the charge
for each. A biU for nursing and care must show the dates between
which the services were rendered, and the rate per day or week. The
bin of the undertaker must be itemized, and show the date on which
the services were rendered.

Each bill must show that the service was rendered for the pensioner
on accoimt of whom reimbursement is claimed.

All claims should be presented in the name of one person.

BiUs which are forwarded become a part of the records of the
Bureau of Pensions, and can not be returned. Claimants should
therefore secure duplicates of such bUls if needed by them.

If the pension certificate which was issued in the name of the
pensioner is not in possession of the claimant a statement showing its
whereabouts or final disposition should be made.

496. In claims for accrued pension or for reimbursement imder the
act of March 2, 1895, a formal declaration is not necessary. AU that
is required in these cases is that the appUcant shaQ be properly

116 REGULATIONS GOVERNING PENSION BUREAU.

identified by the evidence as the person entitled to the accrued pension
or reimbursement. (See section 156.)

497. The maihng of a pension check in payment of pension due,
issued on voucher, constitutes payment in the event of the death of
the pensioner subsequent to the execution of the voucher therefor.

498. a. In nonvoucher cases the proper delivery of a pension check
during the lifetime of the pensioner constitutes payment in the event
of the death of the pensioner prior to indorsement thereof. In such
cases the checks become a part of the assets of the estate of the
deceased pensioner.

6. AU inquiries relative to the payment of such checks should be
addressed to the Auditor for the Interior Department, Treasury
Department.

WITNESSES AND TESTIMONY.

499. A declaration executed before an officer who is claimant's
attorney is accepted by the Bureau of Pensions as good and valid,
but under the practice such magisterial act vacates any rights which
may be conferred on him in the power of attorney therein embodied.

500. Evidence executed before an officer who is claimant's attorney
or before any person who has a manifest interest therein shall not be
considered. It is held by the Secretary of the Interior, however,
that evidence so executed, wherein the certificate of such ofiicer
contains a clause setting forth that "he is in nowise interested in the
claim nor concerned in its prosecution" is good and valid, but the
rights such ofl&cer may have had as attorney in the case are thereby
abandoned. All certificates of executing officers should certify
that they have no interest in the claim.

501. 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 testify; whether he is related to the claimant, and if so, how;
and should give his post-office address, with street and number, or
rural free-delivery route, if any.

502. Witnesses should not merely confirm the statements of other
parties, but should give a detailed statement of the facts known to
them in regard to the matter concerning which they testify, and should
state how they obtained a knowledge of such facts. The officer
taking the deposition or affidavit should certify in his own hand-
writing as to his knowledge of the credibility of the witnesses. If
they sign by mark, the signature must be attested by two witnesses
who write, and the officer must certify that the contents of their
depositions or affidavits were read to them before he administered
the oath.

503. Affidavits should be free from interlineations and erasures.
When an alteration is made in an affidavit, or an addition is made

REGULATIONS GOVEENING PENSION BTJKEATJ.

ii'r

thereto, it must appear by the certificate of the officer who admin-
istered the oath that such alteration or addition was made with the
knowledge and sworn consent of the affiant.

504. In all affidavits from surgeons or physicians the portion
detailing the nature of the disability, dates of treatment, and date
of 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 testifying as an
expert should be prepared by some one professionally competent
to do so.

505. The official certificates of judicial officers using a seal or of
commissioned officers of the Army or Navy in actual service shall be
accepted without being sworn to, but all other witnesses must testify
under oath.

COPIES OF RECORDS AND PAPERS.

506. a. Act of August 24, 1912. — Copies of the bureau records may,
when not deemed prejudicial to the interests of the Government, be
furnished at the rate of 15 cents for each 100 words copied, or 15
cents for each sheet photographed, with 25 cents additional for each
certificate of verification and the seal of the bureau attached to
authenticated copies. Authenticated copies are to be admitted in
evidence equally with the originals thereof.

6. The papers, copies of which are desired, should be clearly speci-
fied, and the name of the soldier upon whose service the claim was
based, the designation of the organization in which he served, and,
if possible, the number of the claim or the certificate should be stated,
in order that the case may be identified and unnecessary delay
avoided; and the purpose for which such copies are desired should
be definitely stated.

607. Act of May 11, 1912. — Section 5, as amended March 4, 1913,
provides that a record be, kept of Civil and Mexican War pensioners
under said acts, showing the name, length of service, and age of each
pensioner, the monthly rate of pension paid to him and the county
and State of his residence, and that certified copies thereof be furn-
ished upon demand and payment of such fee therefore as is provided
by act of August 24, 1912.

508. Post-office addresses are charged for at the rate of 15 cents
each, but may be furnished free where requested by a claimant for
pension in securing evidence in the prosecution of his claim.

UISCELLANEOTTS.

50i9. Applications for certificate of service in lieu of lost discharge
should be filed with the Adjutant General, United States Army, War
Department, in Army cases, and with the Chief of the Bureau of
Navigation, Navy Department, m Navy cases.

118 REGULATIONS GOVEBNING PENSION BUEEAU.

610. Applications for back pay, extra pay, or bounty money for
military service should be filed with the Auditor for the War Depart-
ment; for bounty, extra pay, or prize money for naval service, with
the Auditor for the Navy Department.

511. Applications for artificial Umbs or mechanical appliances
should be filed with the Surgeon General, United States Army, War
Department.

512. Apphcations for headstones for graves of deceased soldiers
should be filed with the Chief, Quartermaster's Corps, United States
Army, War Department.

513. TABIE OF ATTOENEY FEES ALLOWED BY LAW.

In original claims allowed under all general laws (except such acts as do not
provide for payment of a fee), (sec. 4, act July 4, 1884) a fee —

On properly executed articles of agreement, any amount contracted

for, not exceeding $25.00

Without articles of agreement 10. 00

Act June 27, 1890 (sec. 4 of said act) 10. 00

Act Apr. 19, 1908 (sec. 2 of said act) 10.00

Act May 11, 1912, on original allowance only and only in cases where such
allowance is made to a person who was not a pensioner under any law at
passage of the act, and had never received a pension prior to that date.
On properly executed articles of agreement, any amount contracted for)

not exceeding 25. 00

Without articles of agreement 10. 00

Supplemental claims allowing pension —

For child by former marriage, if filed by new attorney 10. 00

For helpless child —

If named in original application, but new attorney presents claim. . 10. 00
If not so named, whether supplemental claim be filed by new or

original attorney 10. 00

For posthumous child, born after filing claim, unless expressly
exempted by mutual agreement between claimant and attorney. . 10. 00
Rerating or reissue to correct rate or date of commencement, if filed by new

attorney (11 P. D . , 202) 10. 00

Reduction in rate of pension, for services rendered in preventing (Secretary's

decision, Dec. 27, 1900, case of Charles Hebel, certificate No. 113168) 10. 00

Dropping pensioner's name from roll, for services rendered in preventing

(9P. D., 236) 10.00

Renewal, restoration, removal of suspension, etc., "cases of difficulty and
trouble " (sec. 4, act July 4, 1884), commissioner may recognize articles of

agreement for not exceeding (8 P. D., 182) 25. 00

Restoration —

Dropped for loss of title on testimony taken by a special examiner show-
ing that the disability or cause of death on account of which pension
was allowed did not originate in line of duty, and in cases of dependent
relatives whose names were dropped, on like testimony, upon the
ground of nondependence (act July 4, 1884), in claims under all gen-
eral laws (except act June 27, 1890, act Apr. 19, 1908, and such acts as
do not provide for payment of a fee) —
On properly executed articles of agreement, any amount contracted

for, not exceeding 25 00

Without articles of agreement 10.00

REGULATIONS GOVBENING PENSION BUREAU. 119

Restoration — Continued .

Under act June 27, 1890 $10. 00

Under act Apr. 19, 1908 10. 00

Where dropped under sec. 4719, R. S. (4 P. D., 405) 10.00

Increase claims —

Mexican War, Jan. 5, 1893, and amendatory acts, in which fee was not

paid prior to Sept. 20, 1902 (12 P. D., 505) 10. 00

In cases where increase is granted because of increase of the disability
for which pension was originally allowed (act Mar. 3, 1891) 2. 00

514. Not payable on order of Commissioner of Pensions, but a matter
of contract between claimant and attorney, subjecting the latter to
disciplinary proceedings in the event of extortion or unreason-
ableness.

Accrued pensions, act Mar. 2, 1895, due deceased pensioners (rule 26, prac-
tice): Attorney may collect 10 per cent of accrued pension paid, but fee
must not exceed $10. 00

Divided pensions, act Mar. 3, 1899 (10 P. D., 403): Attorney may collect rea-
sonable fee, and in absence of abuse or misconduct on his part justifying
disbarment. Commissioner of Pensions has no authority.

515. Cases wherein fees are denied.

By law:

Act July 4, 1884, arrears of pension allowed by Congress subsequent to
original grant No fee.

Act Mar. 19, 1886, increasing rates of pension to certain widows No fee.

Act Aug. 5, 1892, granting pensions to Army nurses No fee.

Act Mar. 3, 1901, and act Feb. 28, 1903, amendmg sec. 4708 R. S., giving

pensionable status to certain remarried widows No fee.

Act Feb. 6, 1907, granting pensions to certain survivors of the Mexican
and Civil Wars No fee.

Act May 28, 1908, for services in introducing or securing the passage of a
private act of Congress granting a pension No fee.

Act May 11, 1912, if a pensioner at date of the passage of the act, or had

been a pensioner prior to its approval No fee.

By departmental construction or regulations:

Increase of pension by operation of law No fee.

Claim filed by State agent or commissioner (7 P. D., 293) No fee.

Wherein power of attorney only is filed (4 P. D., 356; 7 P. D., 517) No fee.

Wherein no service is rendered (7 P. D., 517) No fee.

Wherein attorney transmits only order for medical examination or rea-
sons for claimant's failure to appear for such examination (9 P. D., 375),
unless in response to bureau call No fee.

Where guardian, as attorney, prosecutes claim of his ward, or firm of
attorneys of which guardian is a member, prosecutes such claim (rule
15, practice) No fee.

Where no fund accrues by reason of allowance out of which fee could be
paid (8 P. D., 139; 11 P. D., 149) No fee.

Reissue to include new disability, if no increase (8 P. D., 139) : . . . No fee.

Rerating or reissue to correct rate or date of commencement, if same attor-
ney as in original claim (7 P. D., 359; 13 P. D., 75) No fee.

Securing new or duplicate pension certificate (8 P. D., 261) No fee.

Supplemental claims allowing pension —

For child by former marriage if claim be filed by original attorney

(7 P. D., 47; 16 P. D., 546) No fee.

For helpless child if child named as helpless in original declaration,
to original attorney (9 P. D., 117) No fee.

120 BEGITLATIONS GOVEBNING PENSION BXTEEAtr.

516. Postage.

By order of May 26, 1891, attorneys may receive, from and after Apr. 22, 1891,
for postage in any one claim |0. 50

The foregoing orders, instructions, and regulations, comprised in
516 sections, are prescribed for the government of the Pension Bureau
and others having relations therewith.

Gayloed M. Saltzgabee,

Commissioner of Pensions.

Approved April 5, 1915.

Depaetment of THE Inteeioe.

Bo Sweeney,
Assistant Secretary.

INDEX.

A.

Section.

Abandoned claims, practice in 236, 237

Abandoned files, duties of 21

Abandonment:

Minors by widow 465 ^

Mother by father 472

Abbreviations, prohibited in official correspondence 300

Absence:

Deductions from leave, account of 22

Leaves of, laws and rules governing 415

Or presence of comrades, verification of 231

Without leave, deductions account of 72

Acceptance:

Statement "no other service " in declaration, as prima facie 147

Widow's declaration, act of June 27, 1890, as act of April 19, 1908 60c

Accrued pension:

Briefing of claim for 203

Certificate, presence or absence to be noted on face brief 159

Declaration, formal not necessary 156, 496

Fee in 378

Joint resolution of July 1, 1902, not applicable 104

Pa3rment not to be made if overpayment 154

Payment of, act of March 2, 1895 494

Reimbursement 162, 495, 496

Act of March 3, 1865: Remarried widows 483

Act of March 9, 1878: War of 1812, service pensions 420

Act of March 3, 1885 : Prior soundness, presumption of 440

Act of January 29, 1887: Mexican War service pensions, provisions of 424

Act of August 7, 1882: Evidence as to marriage 454

Act of August 8, 1882:

Law Division in charge matters under 11

Payment in case of imprisoned or insane invalid pensioner to wife 493

Act of March 19, 1886: Increase thereunder to be noted on reissue certificates. 274
Act of June 27, 1890:

Provisions of, as to soldiers 442, 443

Dependent parents —

Present dependence only required 479

Under section 4707, Revised Statutes, as amended by 479

Helpless children under 468

Joint resolution of July 1, 1902, applicable to widows under 464

Marriage of widows prior to 462

Minors, title thereunder 466

Widow's declaration under, accepted as act of April 19, 1908 60c

Widows, title under 462

121

122 INDEX.

Baction.

Act of July 27, 1892: Indian wars, provisions of 421-423

Act of August 5, 1892: Army nurses 484

Act of January 5, 1893: Mexican War, pensions under 424

Act of December 21, 1893:

Accrued pension, not applicable in claims for, if fraud or mistake 154

Dropping thereunder 485

Act of July 18, 1894: Inspection examining surgeons' reports 285

Act of March 2, 1895:

Benefits to be noted on brief, when given 64i, 64j

Fee in accrued claims under 378

Increase thereunder to be noted on reissue certificates 274

Joint resolution of July 1, 1902, not applicable to claims thereunder 104

Payment of accrued pension 494

Payment of, as reimbursement 55c

Reimbursement, deduction amounts received from various States and Dis-
trict of Columbia 157

Act of March 3, 1895: Prior soundness presumed 440

Act of March 13, 1896: Presumption of death thereunder 463

Act of March 30, 1898: Destruction of battleship Maine 134

Act of March 3, 1899:

Appeals under , 253-256

Claims xmder 105-129

Marriage subsequent to date of act 458

Settlements under, by Law Division 11

Act of April 23, 1900: War with Mexico, pensions under 424

Act of May 9, 1900:

Minors, title thereunder 466

Provisions of 442,443

Provisions of as to widows 462

Act of March 3, 1901:

Renewal of pension, remarried widows 483

Section 4715, Revised Statutes, applies to claims under 67a

Act of June 27, 1902: Indian wars, provisions of 422

Act of February 28, 1903: Remarried widows 483

Act of March 3, 1903: Mexican War survivors 424

Act of February 20, 1905 : Law Division in charge matters under 11

Act of February 6, 1907:

Amended by act of March 4, 1907: Service pensions,' Civil War 444

Claims under 68-99

Claims under, how classed and reported 68a

Provisions of, service in Civil War 444

Rates under, survivors War with Mexico 425

Act of April 19, 1908:

Date of marriage of widows 462

Joint resolution of July 1, 1902, applicable to widows' claims under 464

Proof in widows' claims thereunder 453

Widow's declaration under act of June 27, 1890, accepted under 60c

Act of May 30, 1908:

Claims luider I3 -^^q

Indian wars, provisions of 423

Act of February 2, 1909:

Law Division in charge matters under H

Pensions of inmates Government Hospital for the Insane 489-492

INDEX. 123

Act of May 11, 1912: Section.

Absence without leave, deductions account of 72

Adjudication prior to act of March 4, 1913, not to be disturbed 83

Age-
All facts to be considered in determining 71

Declaration not required except in original claim 81

Future increase on accotmt of 80

Application of section 4701, Revised Statutes 77

Automatic increase 448

Benefit disability clause not given unless specifically mentioned 69

Birth, year being shown by papers on file, same to be accepted without

calling for further proof as to year 91a

Certified copies of names, length of service, and age 507

Claims under 68-99

How classed and reported 68a

Commencement increase for disability, date filing declaration 86

Date of birth —

Approximate date may be fixed 84

To be accepted on allegation, if 75 years of age 85

To be noted on face brief and in letter of rejection, in certain cases. . . 88
Year being established, claimant's afiidavit as to day and month may

be accepted 91b

Date of commencement 447

Disability —

Further consideration of, if purpose claimed 70

Incurred in service 446

Medical evidence required 96

Medical examination in 95, 98

Reopening rejected claims 99

Drafted men, commencement of pensionable service 79

Election, pensioner receiving same rate under another law 93

Furlough, time not deducted if returned from 72

Increase —

Commencement of 82

Considered if beneficial age reached within 3 months 90a

Considered upon receipt information any source that pensioner reached

beneficial age 94

Considered upon request from pensioner 89a

If not entitled within 3 months, memorandum to be kept 90b

Medical examination, orders not to issue in certain cases 97

Pensioner's age, rejection on account of, pensioner to be advised as to

his future rights 91c

Provisions of 445

Rate, War with Mexico 426

Rates, Civil War 445

Rejection-
Form of letter when applicant not reached beneficial age 92

If applicant pensioned greater rate under other laws 87

Section 4701, Revised Statutes, not to reopen claims adjudicated prior to

change in practice 78

Act of August 24, 1912:

Copies of Bureau records, when furnished and charges for 506

Provision for fee for furnishing certified copies 507

Act of February 19, 1913, Indian wars 131

124 INDEX.

Act of March 4, 1913: Section.

Adjudication under act of May 11, 1912, prior to, not to be disturbed 83

Amending act of May 11, 1912, automatic increase 448

Action:

Face brief, evidence in rejected cases to be disposed of by 318

Form of letter advising claimant as to 139, 140

Notice of, to Members of Congress, in cases called up by 290

Prompt, in cases recalled from Congress 280

Acts:

Public, copies, chief clerk to Law Division 278

Special 275-279

Copies made by chief clerk 275

Eeference of, to Law Division 275

Addresses:

Alias to be omitted in 298

And names of comrades 320

Care of another person, not accepted for delivery of valuable mail 216

Change of post office 18

General delivery; when it may be assumed that another address is not

available 217

In communications to be at the beginning 297

Inmates soldiers' homes to contain service. 299

Pensioners, correspondence as to, to be in name disbursing clerk 296

Post office, of pensioners, charges for furnishing 508

Registered mail to contain name of county 302

To include street and number, post-office box or rural free-delivery route. 216, 501

Adjudicating Division:

File slip to be sent to, on issue 6f certificate 270

Not to call for letters of guardianship 261

Adjudication, final, when reached 137

Administrative examination, under Dockery Act made in Finance Division. . . 17

Admission, of attorneys 344^ 346

Admittance:

Employees not allowed before 8.30 or after 4.30 24

Female clerks not permitted on fourth floor 26

Admitted cases, examination of surgeons' certificates not permitted in 286

Admitted files, duties pf 20

Adulterous cohabitation;

No payment to widow as guardian if dropped from roll for 265

Widow dropped account of, title of minors 4gg

Adverse, all parties to be notified of appeal 242

Advertising, matter by attorneys 399^ 400

Advice:

Claimant as to action, form of letter X39 ^40

Employees not to give claimants 32

Refundments, to be given Auditor for Interior Department 150

Affidavit:

Execution of 42g

Fixes date for commencement pension under act of May 11, 1912 86

For the removal of desertion because of disloyalty lOi

If repeated, how acted upon gg^

Judicial officers using a seal not to be under oath 505

Officer must certify to interlineations or erasures 503

Surgeon's or physician's, to be in handwriting of witness , 504

INDEX. 125

^S^' Section.

ActofMay 11, 1912, all facta to be considered in determining 71

Declaration not required except in original 81

And date of birth to appear on face brief 68d

Approximate date of birth may be fixed 84

Beneficial, act of May 11, 1912; claim considered upon receipt information

any source pensioner has reached 94

Calls on Census Bureau 100

Correspondence as to, by letter 68c

Date of birth accepted after maximum, 75, reached 85

Determine under act of May 11, 1912, if adverse action taken 88

Increase on account of, future, act of May 11, 1912 80

Mistatements, refundment account of 152, 153

Rejection, form of letter 92

On account of, pensioner to be advised future rights 91c

Agents. (See Attorneys.)

Agents, State, advised as to calls 403

Agreement, articles of:

Execution, if not proper, attorney to be advised 392

Form of 390

To be in duplicate 389, 391

Two ■witnesses required to claimant's signature in 386

Withholding fee if defective 397

Alias, not to be used in addresses 298

Allowances, Navy, 10 and 20 years' service 451

Answers, prompt and respectful, required in inquiries for status 291

Prompt, required in congressional calls ; 289

Appeals:

Action in bureau on 258-260

Chiefs of division to commissioner 238

Claim for division of pen sion, notice of decision 252-256

Consideration in bureau after notice of appeal 259

Copy of decision of Secretary mailed to party 257b

Division of pension 260

Employees, only through chief , 239d

Filed with the commissioner 235, 241

Motion for reconsideration 251

Notice to adverse parties 242

One year, must be filed within 235

Practice in pension and bounty land 240, 257b

Time limit, one year 242

To chief of board of review 238

Two or more claims involved 251b

Under act of March 3, 1899 252-256

Applicant, declaration of, as to other service 147

Application:

Accrued pension, reference of 156

Artificial limbs, where filed 511

Back pay and bounty, where filed 510

Blanks, requests for to chief clerk 55d

Calls for record on filing 431

Certificate of discharge, where filed 509

Date of commencement, act May 11, 1912 447

126 INDEX.

Application — Continued. Section.

Headstones for graves,' where filed 512

If repeated, how disposed of 59c

Increase —

And renewal, medical testimony in 64d

Disposition of second when first still pending 64e

To Law Division 55a

Appropriations, estimates:

For bureau made by chief clerk 6

For payment of pensions made by Finance Division 17

Approval:

Form of, in case applicant receiving higher rate under other laws 138

Secretary of Interior, names to be dropped upon 155

Approximate, date of birth may be fixed 84

Arguments, oral, before Law Division, not permitted by attorneys 395

Army and Navy Division:

Communications relative to bounty land, to 54b

Duties of 13

Reimbursement claims, act of March 2, 1895, to r. . . 13, 55c, 162

Army nurses:

Act of August 5, 1892 484

Briefing of claims 212

Arrangement, briefing claims in different classes of cases 189-214

Articles of agreement:

Attorneys advised if not properly executed 392

Claimant's acknowledgment not to be before attorney named therein 387

Defective, fee withheld 397

Form of 390

To be in duplicate 389, 391

Two witnesses required to claimant's signature 386

Artificial limbs, applications for, where filed 511

Assistance of Members of Congress and other officials, soliciting of, by attorneys
subject to disbarment 360, 361

Assistant chief clerk, duties of 7

Attorneys 344-359

Accrued pension, fee in 378

Admission and recognition of 344i 346

Advertising matter by ; 399^ 400

And claimants to be notified in rejected claims 233

Articles of agreement —

Claimant's acknowledgment not to be before attorney named therein. 387

Form of 39O

Not properly executed, advised of 392

To be in duplicate 339 391

Two witnesses required to claimant's signature therein 386

Claimant's right to revoke power of attorney 333

Claims not to be taken out of regular order on request of, except for good

cause 3173

Change of guardian does not afifect status of attorney 374

Declaration and other evidence not to be executed before 388

Disbarred, claimant to be advised 293

Discipline of , in charge Law Division 7 11

INDEX. 127

Attorneys — Continued.

Evidence— Section.

Called for must be humished within 90 days 379

Execution of, not to be before attorney 500

Referred to Law Division for opinion, properly briefed 398

Willful withholding of, by attorney, to be reported to Secretary 375

Expense incurred by, reimbuTBement from claimant under certain condi-
tions 377

Fee-
Allowed, notice of issue only when 269

Dependent parents 481

Greater received than authorized, to be reported for disbarment 376

Not allowed to guardian who prosecutes claim of ward as attorney 369

To be paid on first issue 384

Withheld if articles of agreement defective 897

Fees allowed by law, table of 513

Government employees prohibited from acting as 404

Laches of, not to be dropped without 30 days' notice 379

Medical examinations, notice of, and calls for evidence not to be" sent to dis-
qualified attorneys 365

Motions to reconsider rulings and decisions of Law Division not to be en-
tertained 396

Neglect to prosecute claim for one year evidence of abandonment 380

Officers of the United States prohibited from acting 359

Oral arguments not permitted by, before Law Division 395

Orange colored slip, use of, prohibited by 282

Power of attorney —

Claimant's right to revoke 383

Not recognized unless signed by claimant in presence two witnesses. . 358
Prohibited —

From transferring claims unless in good standing 356

From using initials "U. S." or the words "United States " in title 401

Postage, amount allowed from claimants 393, 516

Questions for Law Division must be in writing 395

Recognition of, only upon power of attorney 357

Required to state names of all subagents or correspondents 371

Rights of, vacated by execution of declaration before 499

Sample forms of declarations to be furnished 417

Schedule of transfers required 352

Soliciting assistance, Members of Congress and other officials subject to

disbarment 360, 361

State agents to be.advised as to calls 403

Status of, to be obtained from Law Division 347

Suspension of, entitled to fee in claims completed prior to 362

To be notified —

Issue bounty land warrants 133b

Of action of rejection 382

To refund fee erroneously certified 402

Transfer of —

Consent of attorney required in 349

In cases deceased claimants 355

Separate slip required in each case 351

Written consent of claimant required in 354

76704°— 15 9

128 INDEX.

Attomeye — Continued. Section.

Transfer slips referred to Law Division 394

Title to fee not to be considered after expiration of one year from date issue

certificate 370

Attorneyship, transfer of , must be acknowledged under oath 350

Auditor for Interior Department:

Advised of refundments 150

Checks, payment of 498

Authors, initials of, must appear on all communications 49, 300

Automatic increase, act of May 11, 1912 .' 80,448

B.

Back pay, application for, where filed 510

Battleship Maine, pension account destruction of, not to commence prior to

February 16, 1899 134

Beneficial age:

Act of May 11, 1912, claim considered upon receipt information any source,

pensioner has reached 94

Form of letter rejection to be used when applicant has not yet reached 92

If reached within three months, increase act of May 11, 1912, to be con-
sidered 90a

To be noted in certain cases .' 88

Benefit, disability clause, act of May 11, 1912, not to be given unless specifi-
cally mentioned 69

Benefits (act of Mar. 2, 1895) : To be noted on brief when given 641, 64j

Biennial report required of guardian 264

Bills, expenses last sickness and burial 495

Birth:

Approximate date of, may be fixed 84

Date of —

and age to appear on face brief 68d

To be accepted on allegation if 75 years of age 85

To be in claimant's statement before special examiner 221

To be noted on face brief and in letter of rejection, in certain cases 88

Of children, proof as to dates of 459

Of pensioner, act of May 11, 1912 —

Claimant's sworn statement aa to day and month will be accepted 91b

When year established cumulative evidence as to year not to be

required 91a

Blank:

Applications, requests for, to chief clerk 55<i

Forms of declarations to be furnished claimants 417

Blots prohibited in official correspondence 300

Board of Review :

Appeals to chief 238

Duties of ^ 9, 155b, 218, 223

Duties of, if applicant not reached beneficial age. .'T 88

Increase claims to be submitted to 64a

Personnel of, determined by commissioner 9

Shall determine service origin, disability claims (act of May U, 1912) 98a

Bonds, indemnifying in case of losts check 296

Books and newspapers, reading of, prohibited 23

Bounty, application for, where filed 510

INDEX. 129

Bounty land: Section.

Appeals, practicein 240-257b

Communications relative to, to Army and Navy Division 54b

Warrants 132, 133

Attorney to be notified of issue 133b

Delivery to claimant only 132b

Receipt required for delivery 133a

To be delivered personally or by reguistered mail 132a

Brief:

Benefits of act of March 2, 1895, to be noted on, when given 641, 64]

Rejected certificates of medical examination not to be filed in 61n

Briefing:

Claims, arrangement of papers in 170-214

Evidence referred to Law Division for opinion 398

Broken glass, disposition of 34

Brothers and sisters, minor, dependent, proof required 477

Building, parts of, open to visitors 27

Bureau:

Action in, on appeals 258-260

Business of, not to be discussed with outside parties 32

Census, calls upon , 100

Not to be used as collecting agency 37

Records, copies of, when furnished and charges for 506

Burial, reimbursement for expenses of 157, 495

Business:

Conduct of 22-42

Of bureau not to be discussed with outside parties 32

C.
Call slips:

For cases, requirements as to 323, 324

, To be signed by Chief of Reord Division if no claim on file 326

Calling, claims as special prohibited 342

Calls:

Congressional, prompt answer required in 289

For information from private institutions, if fee required 310

For record, on filing application 431

Not to be made on disqualified attorneys 365

Official character of ofl5.cers, on Law Division 407

Official, in cases, to include all evidence required 304

Relative to payments to be made on Finance Division 163

Upon the Census Bviesm 100

Canceling of certificates on account death pensioner prohibited 160

Carbon:

Copies —

Required of all typewritten correspondence 309

To be filed in cases, one of latest date on top 309

Letter of instructions in special investigations to be prepared with 50

Card index of documents and claims arising out of War of 1812 in custody of

Record Division 15

Care of another person, addresses not accepted for delivery of valuable mail 216b

Carriers oaths, rural free delivery, not authorized for general purposes. ... 408

130 INDEX.

Cases: Section.

Admitted, examination of surgeons' certificates not permitted in 286

All to pass througli clearance desks 335, 340

Called up by Members of Congress, notification of action in 290

Call slips for, requirements as to 323, 324

Classes reported to the commissioner 215

Criminal, reports of special examiners in, not to be inspected 284

Evidence to follow 325

Identity, special examination 220

In field for special examination, permits ia 225

Recalled from Congress, prompt action therein 280

Rejected:

Evidence in to be disposed of by face brief action 318

Examination of surgeons' certificates not permitted in after three

months 287

Returned for action by committee of Congress 280

Census, claimant to give to special examiner location in 1850 and 1860 221

Census Binreau, calls upon •. , 100

Certificate:

As to service. State of Texas, Indian wars 130

Commissioned officer in service accepted in evidence 436

Discharge, application for, where filed 509

Official character of officer covering date execution only, not to be detached. 406
Certificate Division:

Duties of 16

Errors in certificates, correction of by .\ 271

No change to be made in jackets except in 272

Certificate jackets, no change in except in Certificate Division 272

Certificate of death from Navy Department 288

Certificates - 266-270

Automatic increase to be showA in 80 448

Case to be treated as special if error in 271

Correction of errors in 271

Disability —

Permission to examine 288

To be stated in 268

Examining surgeons — •

Copying of prohibited 285c

Examination of not permitted in admitted or rejected cases 286-287

Inspection of 285

Persons permitted to examine 285b

Rejected, not to be filed in brief gin

File slip on issue of certificate sent to Adjucating Division 270

Name of vessel to be given in, in Navy cases 266

Not to be canceled account death pensioner jgO

Official character, notaries and justices, to Law Division 405

Presence or absence of to be noted on face brief in claims for accrued pension 159

Reissues in lieu of lost 273 274

To have increase under act of March 19, 1886, noted on '274

To have increase under act of March 2, 1895, noted on 274

Special acts, no disability to be named in 276

To be sent to Finance Division 267

INDEX. 131

Certification: Section.

Credit) ility of witnesses by officer before whom executed 502

Interlineations and erasures, by officer before whom executed 503

Certified copies:

All pension laws to be ffied in Law Division 278

Decree of divorce required 456

Fee for furnishing , , 507

Names, pensioners, length of service, and age 507

Change:

Jackets, none except in Certificate Division 271

Name or service, any in, referred to Eecord Division 327

Post office addresses 18

Character, official:

Certificate of covering date execution only not to be detached 406

Calls for and certificates of, to Law Division 405, 407

Charge:

Copies of bureau records, when may be made 506

Furnishing post-office addresses of pensioners 508

Checks:

Lost, correspondence in name disbursing clerk 296

Mailing of, when constitutes payment 497, 498

Chief clerk:

Communications to be addressed to 295

Divisions under supervision of 4

Duties of 6, 55d

May grant permission for pay 36

Public acts from, to Law Division 278

Requests for blank applications to 55d

To make copies of special acts 275

Chiefs of division:

Appeals by, to commissioner 238

Instructions by, to be in writing 47, 48

To make daily and monthly reports '. 53

Child, helpless:

Not entitled unless disability existed prior to 16 years of age 468

Over 16 years at soldier's death, no title 469

Children:

Born prior to ma'rriage, legitimate if acknowledged by father 460

Helpless, title of, under act of June 27, 1890 468

Proof as to dates of birth 459

Circular letters not to be used in correspondence with departments 294

CivU surgeons, medical examinations by 61g

Civil War:

Date of enlistment in volunteer organizations in 73, 74

Service in Navy, when to be considered 76

Service in, provisions of act of February 6, 1907 444

Service, Regular Establishment, when not considered 75

Civil War Division, duties of 14

Claimant:

Acknowledgment in articles of agreement not to be before attorney named

therein 387

Attorney and, to be notified in rejected claims - 233

Declarations, blank forms furnished 417

132 INDEX.

Claimant — Con tin ued .

Death of — Section.

Claim to be rejected if no survivor to complete 161

Special examiner to return papers 230

Deposition of, before special examiner 221

Fee payable by, in certain cases, and amount same 514

Form of letter of advice as to action 139, 140

Maximum rate for pensioned disability, medical examination not to be

ordered 64c

May prosecute claim in person 418

Must sign power attorney in presence two witnesses 358

Not to be advised by employees : 31

Kejection if unable to furnish evidence of origin 63f

Eight to revoke power of attorney 383

Statement of, in invalids' or survivors' claim, special examination 221

To be advised of disbarment of attorney 293

Written consent required in transfers attorneys 354

Claims:

abandoned, practice in : 236, 237

Account battleship Maine 134

Accrued pension, presence or absence of certificate to be noted oh face brief. 159
Acts of February 6, 1907, and May 11, 1912, age and date of birth to appear

on face brief 68d

Adjudicated under act of May 11, 1912, prior to act of March 4, 1913, not

to be disturbed 83

Act of May 11, 1912, declaration not required except in original claim 81

Age, correspondence as to, by letter 68c

Briefing of, arrangement of papers in 170-214

Called up by Member of Congress still in office, notice of rejection to be sent. 234

Claimant may prosecute in person 418

Classification of, under acts of February 6, 1907, and May 11, 1912 68a

Completed, special examiner to return 228

Consolidation of 164-169

Contested, time for appeal limited to 80 days 242

Contesting, reference of, and special examination in 232

Count of, pending. 330-343

Disability, act of May 11, 1912—

Medical evidence required in 96

Medical examinations in 95 93

Division of pension, appeal in, notice of decision 252-256

Evidence in, not to be filed without proper consideration '. 318

Increase 64,65

Medical examination in 64b

Medical examination not ordered if maximum rate for pensioned dis-
ability g4(.

Medical testimony in applications for renewal 64d

Medical testimony required if pensioner receiving $17 to $24 per month . 64h

New disability not alleged of service origin ignored 66

Rejected claim reopened if medical examination ordered therein 64k

Rejection of, if no examination, case of death of applicant : 641

Second application when prior, is pending, medical evidence required. 64e

Submission of, to Board of Review g4jj

To be given prompt consideration 64b

INDEX. 133

Claims — Continued. Section.

Invalid, military and medical history 63a

Special examination, not to be referred unless ratable degree disability

stown 224

Meritorious, report on, joint resolution of May 29, 1830 281

Minor, prosecution by next friend or guardian 467

Minor, service of mother's former husband must be shown 229

Mother or nurse, to Record Division, if service of husband shov.n 329

Neglect to prosecute for one year, abandonment by attorney 380

Not to be taken out of regular order upon attorney's request except for

good cause 373

Not to be called for as special 342

Original invalid, practice in 63

Pending, death in, to be noted 56

Pending, definition of 331

Probability of fraud in, reference to Law Division 222

Reference to Record Division if change in name or service 327

Reimbursement —

Deduction in, of amount received from different States and District of
Columbia 157

To Army and Navy Division 55c, 162

Rejected 233-235

Rejection, 90 days allowed -attorney to file claim lor reconsideration after. 382

Rejection when claimant unable to furnish evidence of origin 63f

Rejection when no disability exists 63e

Reopening of, act of May 11, 1912, prohibited if adjudicated prior to change

in practice 78

Disability claims rejected, act of May 11, 1912 99

Special, rules governing 282, 283

Subsequent to follow original to field .' 226

To be rejected upon death of claimant if no one to cumjjiuio 161

Transfer from attorney prohibited unless in good standing 356

Two or more disabilities, disposition of 145, 146

Two or more involved in, appeals 251b

Under act of March 2, 1895, joint resolution of July 1, 1902, not applicable. 104

Under act of March 3, 1899 105-129

Under act of March 3, 1901, section 4715, Revised Statutes applies 67a

Under act of February 6, 1907, or act of May 11, 1912 68-99

Under act of May 30, 1908 130

Under act of May 11, 1912, application of section -1701 to 77

Under act of February 19, 1913 131

Under different laws, election and restoration 137-144

Under joint resolution of July 1, 1902 101-104

Under sections 4692 and 4693, Revised Statutes, when to be referred to

medical referee 142

Under subsequent act to be completed if earlier in field 227

Widows, service of former husbands, if any, must be shown 229

Service of prior husbands, action in, if any 328

Classification, claims under acts of February 6, 1907, and May 11, 1912 68a

Clearance desks:

All cases to pass through 335,340

In the sevei;al divisions 333-338

134 INDEX,

Clearance Service: Section.

Cases, how handled, where none established 343

Establishment of 332

Clerks, desks of, to be cleaned out first of every month. 34

Coast Guard, no pension whQe on active or retired list 13

Cohabitation:

Adulterous, widow dropped account of, minors' title 466

Notorious adulterous, no pajonent to widow as guardian if dropped from

roll account of 265

Widow with soldier to date of his death 457

Colored soldiers, widows of, marriage 455

Commencement: '

Date of, applications act of May 11,, 1912 447

Date of, service prior to March 4, 1861 427

Disability, increase, act of May 11, 1912, date of filing declaration 86

Pension, account destruction battleship Maine not to be prior to February

16, 1899 134

Pension J;le service, drafted men, act of May 11, 1912 79

Commissioned officer in service, certificate accepted 436

Commissioner:

Appeals to be filed with. 235, 241

Appeals to, by chiefs of division 238

Classes of cases to be reported to 215

Communications to be addressed to 295

Correspondence to be conducted in name of 296

Divisions under supervision of 2

Intricate questions of law or fact, to attention of 5

Official communications of special examiners to l,e addressed to 39

Personnel board of review determined by 9

Requests for special examination to be approved by 218c

Signature of, by means of stamp 51

Signature, facsimile, stamped in division 316a

Committees of Congress, case returned for action by 280

Communications :

Address in, to be at the beginning 297

Addressed to commissioner, deputy commissioner, or chief clerk 295

Alleging violation of law or fraud, to Law Division 54a

All, to Mail and Supplies Division for 'stamping date of receipt 59b

Confidential, and reports of special examiners in criminal cases not to be

inspected 284

Date of receipt not required to be given 301

Initials of authors of, must appear on 49

Official 49-57

Of special examiners, addressed to Commissioner of Pensions 39

To be initialed personally by author : 300

Reference of 54a-54d

Relative to bounty land, to Army and Navy Division 54b

Without sufficient data to be returned 43a

Completed claims:

Fee, attorney entitled to, if completed prior to suspension 362

Special examiner to return 228

Completion, claim under subsequent act if earlier claim in field 227

INDEX. 135

Comrades: Section.

Names and addresses of 320

Presence or absence of, if testimony before special examiner 231

Conduct of business 22-42

Confidential communications and reports of special examiners in criminal cases

not to be inspected 284

Congress:

Cases recalled from, prompt action in 280

Cases transmitted to, by Law Division 11

Committees of, case returned for action by 280

Members of —

Soliciting assistance of, by attorneys, subject to disbarment 360, 361

To be notified of rejection if still in office and claim called up by 234

Congressional calls, prompt answer required in 289

Consent:

Of attorney of record required in transfer 349

Written, of claimant, required in transfers of attorneys 354

Oonsidsration:

Of appeal in bureau after notice of 259

Proper, to be given evidence in claims before filing 318

Consolidation:

Cross reference and recording in Record Division of all claims 328

Of claims 164-169

Subsequent claim to be forwarded when original claim in field 226

"Construed," meaning of, as used in section 4701, Revised Statutes 77

Consular ofiicers, correspondence with, to be through State Department 313

Contested claims, time for appeal limited to 30 days 242

Contesting claims, reference of and special examination in 232

Continuance, testimony of each physician required 439

Copies:

Bureau records, when furnished, and charges for 506

Carbon —

Required of all typewritten correspondenca 309

To be filed in cases, one of latest date on top 309

Certified —

Fee for furnishing 507

Of all pension laws to be filed in Law Division 278

Of names of pensioners, length of service and age 507

Of decree of divorce required 456

Decision of Secretary to be mailed party in interest 257b

Duplicate, of correspondence with District of jColumbia to be inclosed . . . 311

Furnished by Law Division under act of August 24, 1912 11

Return of, by Law Division 11

Special acts to be made by chief clerk 275

Copying examining surgeons ' certificates prohibited 285c

Correction:

Errors in certificates 271

Return of imperfectly executed documents for 409

Correspondence 289-316

Abbreviations, interUneations, blots, or erasures prohibited 300

Addresses inmates soldiers ' homes to contain service 299

Address in communications to be at the beginning 297

136 INDEX.

Correspondence — Continued. Secstion.

Alias not to be used in addresses 298

Carbon copies of, to be filed in cases, UlcoI o.^^; on loji 309

Carbon copies required of all tj^ewritten correspondence 309

Circular letters not to be used in, with departments 294

Communications to be addressed to commiaaioner, deputy commissioner,

or chief clerk 295

Date of receipt not required to 1 e given in official communications 301

Erasures, interlineations, and underscoring not allowed 294

Expressions used in office parlance not to be used in 292

Facsimile stamps, charge of, to certain persons 316b

Foreign coimtries, expense involved, through special examination division. 314

Indefinite declarations, by Law Division 60b

Information, calls for, from private institutions if fee required 310

Inquiries addressed to employees to be referred to proper official 295

Inquiry through chief of special examination division 310

Lost checks and addresses of pensioners to be in name of disbursing clerk . . . 296

Mail for foreign countries to Mail and Supplies Division for postage 308

Official calls in cases to include all evidence required 304

Official communications initialed personally by author 300

Postage stamps to be returned 315

Received by reference of Secretary, to be replied to through his office 306

Registered mail, name of county to be given in address 302

Signature, facsimile, of commissioner, stamped in division 316a

Spacing of official letters 303

To be conducted in name of commissioner 296

Unfailing courtesy to be observed in 307

With consular officers, through State Departmeii t 313

District Government, duplicate copy to be inclosed 311

Examining surgeons, in name medical referee 296

United States military or naval home, to be addressed to official head . 312

Correspondents, attorneys required to state names of all 371

Count, of pending claims 330-343

Countries, foreign, correspondence -n-ith, to be through Special Examination

Division if expense involved 3x4

County, name of, to be given in address, registered mail 302

Courtesy, unfailing, to be used in official correspondence 307

Credibility of witnesses : , 321 502

Criminal cases, reports of special examiners in, not to be inspected 284

Cross reference, all connected claims to Record Division for proper 228 229

D.

Daily reports, chiefs of division to make 53^

Data, sufficient, communications without, to be returned 43a

Date:

Actof May 11, 1912, commencement, increase for disability, date filingdecla-

ration an

Birth—

Accepted after arriving at 75 years g5

Approximate date may be fixed 04

Children, proof as to 450

To be accepted on allegation if 75 years of age 85

To be contained in claimant's statement before special examiner 221

To be noted on face brief and in letter of rejection, certain cases 88

INDEX. 137

Date — Continued .

Commencement — Section.

Applications, actof May 11, 1912 447

Of pension, service prior to March 4, 18G1 427

Declarations and evidence to Mail and Supplies Division for stamping

date of receipt 59b

Enlistment, volunteer organizations. Civil War 73

Execution of declaration when on day of muster out 58

Marriage in claims act of June 27, 1890, and April 19, 1908 462

Medical examination to be given in index sheets 219

Receipt not required to be given in official communications 301

Death :

Canceling certificates account of, prohibited in case no payment 160

Due to service prior to March 4, 1861, law relative thereto and date com-
mencement pension ; 427

• In pending original claims to be noted 56

Increase, rejection of, if no medical examination 641

Of claimant —

Claim to be rejected if no survivor to complete 161

Special examiner to return papers in case of 230

Of employees to be reported 45

Of pensioners, reported to Knance Division 54d, 55a

Presumption of, actof March 13, 1896 463

Debts, bureau not collecting agency, and employees not to contract on strength

of official position 37

Decision:

Notice of, claim for division of pension, appeals 252-256

Secretary, copy of, to be mailed party in interest 257b

Declaration:

Accrued pension, formal, not necessary 156, 496

Act of May 11, 1912, not required on account of age except in original claim . 81

All to Mail and Supplies Division for date of filing stamp 59b

Blank forms to be furnished claimants 417

Execution of 416

Before attorney vacates rights of 499

If on date of muster out 58

Failing to mention disability, how considered 69

For increase 449

For renewal, failure to claim 482

If repeated, how acted upon 59c

Imperfectly executed, to be returned for correction 409

Indefinite, correspondence in by Law Division 60b

New disability, requirements as to 59a

Not to be executed before attorney 388

Of applicant as to other service 147

Recording of, under proper law 52

Sample forms to be furnished attorneys 417

Section 4719, Revised Statutes, requirements in claims for restoration 482

Signature of applicant to be witnessed by two persons 430

Special acts, required if no claim on file 279

Statement "no other service " to be accepted in, as prima facie 147

Under sections 4692 and 4693, Revised Statutes 428-430

Under section 4693, Revised Statutes, all disabilities contracted in service

to be named therein 429

138 INDEX.

Declaration— Continued. Sectton.

U. S. S. Maine, when valid 134

Validity and sufficiency of, to be passed upon by Law Division 55a, 60a

Widow under act of June 27, 1890, to be accepted as under act of April 19,

1908 60c

Decree of divorce, certified copy of, required 456

Deduction:

Account of furlough and absence without leave 72

Claims for reimbursement, of amount received from different States and

District of Columbia 157

Time while in hospital or absence account of self-inflicted wounds 72

Definitions:

General 1

"Line of duty" 434

Pending claims , 331

Delivery:

Bounty land warrants, —

Personally or by registered mial 132a

To claimants only 132b

Receipt for required, bounty land warrants 133a

Valuable mail, addresses care another person not accepted for 216b

Department of State, correspondence with consular officers to be through 313

Departments, correspondence with, circular letters not to be used in 294

Dependence:

Father 476

Minor brothers and slsteri 477

Mother 172-475

Parents, section 4707, Revised Statutes, as amended by act of June 27, 1890. 479
Dependent:

Brother's and sister's claims, briefing of 208

Claims generally, briefing of 209

Claims —

Father, briefing of 207

Mother, briefing of 206

Father 476

Minor brothers and sisters, proof required 477

Mothers, requirements in claims of 471-475

Parents —

Fees of attorneys 481

Present dependence only, section 4707, Revised Statutes, as amended

by act of June 27, 1890 479

Rank governs rate 480

Section 4707, Revised Statutes, amended by act of June 27, 1890, as to. 479

Relatives, title of, under section 4707, Revised Statutes 470

Depositing, of refundments with Treasurer of United States 150

Deputy Commissioner:

Communications to be addressed to 295

Divisions under supervision of 3

Desks:

Clearance —

All cases to pass through 335 349

In the several divisions 333-338

Clerks to clean out, first of every month 34

Inspection of, by chiefs 34

To be neat and orderly 24

INDEX. 139

Section.
Destruction, battleship Maine, commencement pension account of, not prior to

February 16, 1899 134

Details, all to be given by witnesses in testimony 502

Determination, question of marriage and divorce 239

Disability:

Act May 11, 1912—

Further consideration of, if purpose claimed 70

Medical evidence required in 96

Medical examinations in : 95, 98

Reopening of rejected claims 99

All contracted in service to be named in declarations under section 4693,

Revised Statutes 429

All found to be covered by medical examination 61k

Certificates of, permission to examine 288

Clause, act of May 11, 1912, benefit of, not to be given unless specifically

mentioned 69

Continuance of, testimony of each physician required 439

Date pensionable ceased to govern date of dropping 155b

Disease, medical evidence required 437

Due to service prior to March 4, 1861, law relative thereto and date com-
mencement pension 427

Evidence as to origin, if testimony of surgeon or officer not available 438

Helpless child, existence of prior to 16 years of age necessary to title 468

If no record, proof required in 433

Increase for, when to begin under act of May 11, 1912 86

Incurred in service, act May 11, 1912 446

New—

In increase claims, not alleged of service origin to be ignored 66

Requirements as to, in declaration ; 59a

When not coneidered 66. 67

None to be named in certificates under special acts 276

Question as to ratable, to medical referee. 63c

Ratable-
Degree of, shown, invalid claims not to be referred for special exam-
ination unless 224

Rejection if not 611

Rejection —

If origin not in service 63b

When no disability exists 63e

To be stated in certificates issued under general law 268

Two or more, disposition of claims for 145, 146

When not necessarily permanent, to be noted for further medical exam-
ination 61o

Wounds or injury, nature of evidence required 435

Disbarment:

Attorney to be reported with view to, if greater fee received than author-
ized 376

Of attorney, claimant to be advised » 293

Of attorneys, soliciting assistance of Members of Congress and other officials,

subject to 360, 361

Disbarred attorneys, calls for evidence and notice of medical examination not

to be sent to 365

Disbursing clerk, correspondence as to lost checks and addresses of pensioners

to be in name of 296

140 INDEX.

Section.

Disburfdng Division, duties of 18

Diechai^e, certificate, application for, where filed 509

Discipline 22,42

Discussion of business of bureau with outside parties forbidden 32

Disease, disability from, medical evidence required 437

Disloyalty removal of limitations as to 1 01, 443

Disposition of claims for two or more disabilities 145, 146

Distribution of messenger force 41

District of Columbia, correspondence with, duplicate copy to be inclosed 311

Division:

Chiefs of — ■

Appeals by, to comniisBioner 238

To make daily and monthly reports 53a

Name of, required in indorsements on jackets 317

Division of pension 105-129

Appeals in, action by Law Division , 260

■ Briefing claims, helpless and minor children 214

Briefing claims, wife. . , 213

Claim for, appeal in, notice of decision 252-256

Divisions:

Under supervision of —

Chief clerk 4

Commissioner 2

Deputy Commissioner 3

Functions of 9-21

Divorce:

Certified copy of decree required 456

Evidence as to 457

Question of, by whom determined. .. . , 239

Documents:

All to be sent to Mail and Supplies Division 59b

Imperfectly executed, to be returned for correction 409

Second, how disposed of 59c

Drafted men, commencement of pensionable service, act of May 11, 1912 79

Drafts, or post-office money orders, refundments and recoveries to be by 149

Dropping:

Act of December 21, 1893 485

Cases after, to be sent direct from Finance Division to adjudicating division

if claim pending : 341

Date disability ceased to govern 155b

From roll, widow, account notorious adulterous cohabitation, no payment

to as guardian 265

Name account failure to claim, section 4719, Revised Statutes.'. 482

Notice of, requirements as to., 155, 485, 486

Of attorneys on accoifnt of laches, not to be without 30 days' notice 379

Of names from roll upon approval of Secretary 155

Of widow account adulterious cohabitation, minors' title 460

Reimbursement claim, case to Finance Division for 162

Duplicate:

Certificate, now called reissue, in lieu of lost 273

Copy of correspondence with District of Columbia to be inclosed 311

INDEX. 141

Duties of: „ »,

Section.

Abandoned files 21

Admitted files 20

Army and Navy Division 13

Assistant chief clerk 7

Board of Review 9

Certificate Division Ig

Chief clerk 6

Civil War Division 14

Disbursing Division 18

Finance Division 17

Law clerk g

Law Division H

Mail and Supplies Division 19

Medical Division 10

Messengers 42

Record Division 15

Special Examination Divisinn 12

Duty, line of 136

Definition of 434

Record of treatment of injury in service not sufiicient to show 441

E.

Election:

Claims under different laws 137-144

Right of 67b, 93

When pensioner entitled to 144

Employees:

Appeal through chief only 239d

Death of, to be reported 45

Government, prohibited from acting as attorneys 404

Inquiries addressed to, to be referred to proper official 295

Not admitted before 8.30 or after 4.30 24

Not to advise claimants 31

Not to contract debts on strength of official position 37

Only, to be entrusted with papers from files 30

Payment of 36

Prohibited from giving out information 28, 32

Solicitation of money, political purposes, prohibited 40

Superfluous force must be reported to chief clerk 23

Enclosure:

Correspondence with District of Columbia, duplicate copy of 311

May be returned through Law Division 319

Endorsements on jackets:

Initials, date, and division required 317

To be clear 317

Enlistments, volunteer organizations. Civil War, date, of 73

Entertaining visitors prohibited in court and corrid or.'i 23

Envelope, penalty not to be furnished '. 43a

Erasures:

Certified to by officer 503

Interlineations and underscoring hot allowed in correspondence 294

Prohibited in correspondence 300

Prohibited on face brief 178

142 INDEX.

_ Section.

Error: . 271

In certificate, correction of, case to be treated as special ^'

In certificate jacket, correction of by Certificate Division only ^7-

Errors, face brief, charged to examiner

Establisbment:

Clearance service

Begular

Estlmatea, appropriations for:

Bureau

17
Payment of pensions

Evidence:

Abstract of furnished by Law Division 11

All required to be included in official calls in cases 304

As to divorce -_• •_

Briefed properly if referred to Law Division for opinion 398

Called for must be furnished within 90 days 379

Calls for, not to be made on disqualified attorneys 365

Commissioned officer still in service, certificate accepted 436

Cumulative not required ^l

Date of birth of children, order of value 459

Execution of before officer who is attorney not considered 500

Guardianship, Finance Division to obtain 261

Imperfectly executed, to be returned for correction 409

In rejected cases to be disposed of by face brief action 318

Medical, required in disability claims act of May 11, 1912 96

Marriage, order of value 453

Medical, required in disability from disease 437

Nature of required in claims disability from wounds or injury 435

Not to be executed before attorney 388

Not to be filed in claims without proper consideration 318

Origin, claimant unable to furnish, claim to be rejected 63f

Receiving stamp of Mail and Supplies Division required on all 59b

To follow case 325

Wilful withholding by attorney to be reported to Secretary 375

Witnesses to state whether interested in prosecution of claim 501

Examination:

Certificates of disability, permission for 288

Examining surgeon's certificates not permitted in admitted cases 286

Examination, special:

And reference, contesting claims 232

Cases in field for, permits in 225

Claim under subsequent act to be completed if earlier claim in field 227

Claimant's statement in invalids' or survivors' claims 221

Identity cases 220

In4ex sheets to be prepared in Special Examination Division 219

Invalid claims not to be referred unless ratable degree disability shown... 224
Marital history to be contained in claimant's statement before special ex-
aminer 221

Medical questions, instructions for by medical referee 61j

Reports of special examiners as to fraud, to Law Division 223

Bequests for, by whom made 218a, 218b

Requests for, to be approved by commissioner 218c

When original claim in field for, subsequent claim to be forwarded for

consolidation 226

INDEX. 143

Section.

Examinations, medical 61a-71c

Act of May 11, 1912, disability claims 95, 98

Care to be observed not to order unless ac tually required 61e

Civil surgeons 61g

Date of to be given in index sheets 219

Home examinations —

Order to be revoked in case death of applicant 61h

Inability to report before board 61m

In claims for increase 64b

Not to be made by medical referee or bureau surgeon 61d

Not to be ordered if claimant in receipt maximum rate for pensioned dis-
ability 64c

Not to be ordered until medical testimony considered by medical referee. 64g

Order for reopens rejected increase claim 64k

Order not to issue for new disability until legally approved 61f

Order of in rejected cases 611

Ordered in Medical Division 61b

Orders for not to be issued in certain cases 97

Report to be obtained from War or Navy Department before ordering 61a

Surgeons' certificates not permitted in rejected cases after three months.. 287

Test examination 61i

Testimony — ■

Medical, required in certain cases before ordering 64f

Medical, required in second application for increase when prior is

pending 64e

To cover all disabilities found 61k

Examiner, special:

OflBcial communications of, addressed to Commissioner of Pensions 39

Presence or absence of comrades, case not to be returned on review for, if

testimony before 231

Reports of, in criminal cases not to be inspected 284

Subpoena 57

To retiirn completed claims 228

To return papers in case death claimant 230

Examining surgeons:
Certificates — ■

Copying of prohibited 285c

Examination of, not permitted in rejected cases after three months or

in admitted cases 286, 287

Persons permitted to examine 285b

Correspondence with, in name medical referee 296

Inspection of certificates of 285

Testimony of ^2

Execution:

Affidavits •- 416

Articles of agreement, not proper attorney advised 392

Declaration before attorney vacates right of 499

If on date of muster out 58

Declarations ^^°

Evidence before officer who is attorney not considered 500

76704°— 15 10

144 INDEX.

Expense: Section.

Incurred by attorney, reimbursement from claimant, when allowed 377

Involved in correspondence with foreign countries, through Special Exami-
nation Division 314

Last sickness and burial, bUls for 157, 495

Expressions used in office parlance not to be used in official correspondence 292

F.

Face brief:

Act May 11, 1912, when reopened 99

Action, evidence in rejected cases to be disposed of by 318

Age and date of birth on, imder acts February 6, 1907 and May 11, 1912. . 68d

Cancellation of 187

Date of birth on, and in letter of rejection in certain cases 88

Examiner and reviewer must check all entries on 182

Guardian, name of to appear 262

Name of vessel to be entered on 266

Removal of, prohibited 186

Separate, required for each claim submitted 181

Fact, mistake of, recovery on account of 154, 488

Failure to claim:

Declaration for renewal 482

Renewal if dropped account of 450

Facsimile:

Signature of commissioner stamped in division 316a

Stamps, charge of to certain persons 316b

Father, dependent, proof required 476

Fee:

Accrued pension IGO, 378

Amount and when payable by claimants 514

Attorneys' , table of 513

Cases in which none allowed 515

Certified copies 507

Claims of dependent parents 481

Erroneously certified, to be refunded 402

Full, to be paid on first issue 384

Greater than authorized, to be reported for disbarment 376

Not allowed guardians who prosecute claims of wards as attorneys 369

Notice of issue to claimants only when allowed 269

Required in calls for information from private institutions 310

Suspended attorney entitled to, in claims completed prior to suspension . . . 362
Title to, attorney, not to be considered after one year from date issue

certificate 370

Withheld if articles of agreement defective 397

Fees, attorneys, table of 513

Female clerks not admitted to fourth floor 26

Field:

Cases in for special examination, permits in 225

Original claim in for special examination, subsequent claims to be tor-
warded for consolidation 226

File slips, on issue ofcertificates sent to adjudicating divisions 270

Files, papers from, entrusted to employees only 3q

Filing:

Appeals ■-■-■-. 235

Carbon copies in cases, latest one on top 309

Evidence, not without proper consideration 3^8

INDEX. 145

Tw 1 J- ji- . Section.

J<inal, adjudication, when reached 137

Finanee Division:

Administrative examination made in 17

Calls relative to payments to be made on 163

Cases from, to be sent direct to adjudicating division if claim pending 341

Certificates to be sent to 267

I>"tiesof .'.'.'.'..'.'.'.'.'.' n,ieo

GuaJdianship cases, evidence of appointment obtained and certificate of

payment to, by 261, 265

Notice of dropping prepared in 155

Refundments to be forwarded to 150

Requisitions on Treasurer of the United States, made in 17

To obtain evidence of guardianship 261

Vouchers, preparation of , in 17

First payments, $500 or more, to commissioner 5

Force, messenger, distribution of '. 41

Foreign countries:

Correspondence with, if expense involved, through Special Examination

Division 314

Mail for, to Mail and Supplies Division for postage 308

Form, genera], of official letters 303

Former:

Husbands, service of if any must be shown in widows' claims 229,-328, 329

Wife, minors by, increase account of payable to widow 461

Forms:

Approval, applicant receiving higher rate under other laws 138

Articles of agreement .- 390

Blank, of declarations, to be furnished claimants 417

Letter advising claimant as to action 139, 140

Letter, if rejected because claimant receives same or greater rate 93

Letter of rejection when applicant not reached beneficial age 92

Sample, of declarations, to be furnished attorneys 417

Fourth-class postmasters, not authorized to administer oaths for general pur-
poses 408

Fourth floor, female clerks not to be admitted to 26

Fraud:

Accrued pension not payable in case of 154

Communications alleging or violation of law, to Law Division 43b, 54a

Names dropped upon approval by Secretary 155

Probability of, jn claims, reference to Law Division 222

Recovery on account of 488

Reports of special examiners as to, to Law Division 223

Friend, next, of minors, prosecution of claim by 467

Functions of divisions 9-21

Furlough, time of, not to be deducted if returned from 72

Future:

Increase on account of age, act of May 11, 1912, to be shown in certificates. 80

Rights, pensioner to be advised of, when claim rejected account age 91c

G.
General delivery:

Not accepted unless no other address available 216a

When may be accepted 217

146 INDEX.

Section.

General law, oflBcers under, rates for 414

Glass, broken, disposition of 34

Government Hospital for the Insane, pensions of inmates 489-492

Graves, headstones for, application for, where filed 512

Greater rate, claims (act of May 11, 1912), rejected if applicant pensioned at,

other laws 87

Guardian:

Change of, does not affect status of attorney .'. 374

Minors —

Payment only to 467

Prosecution of claim by 467

Name on face brief 262

Payment to be made to 263

Widow as, no payment to if dropped under act of August 7, 1882 265

Who prosecutes claim of ward as attorney, fee not allowed to 369

Guardianship '. , 261-265

Biennial report required 264

Letters called for in Finance Division and not in adjudicating divisions. . . 261

H.

Handwriting: ,

Signature, tracing of, for comparison with in identity cases 322

Witness, affidavit of surgeon or physician to be in 504

Headstones, graves, applications for, where filed 512

Helpless children:

Briefing of claims for 205

Increase for not to be allowed in special acts of widows unless provided for. . 65

Not entitled unless disability existed prior to 16 years of age 468

Over 16 years of age at soldier's death, no title 469

Title of under act of June 27, 1890 468

Higher rate:

Form of notice in case of 140

If in receipt of under other law, claim under act of May 11 , 1912, should

be rejected 87

To be given if information warrants under act of May 11, 1912 94

Under other laws, form of approval in case applicant receiving 138

History:

Marital, to be in claimant's statement before special examiner 221

Military-medical, invalid claims 63a

Home examinations, medical 61h

Home, United States military or naval, correspondence to be addressed to

official head 312

Honorable discharge, act of July 1, 1902 443

Hours:

Admission of employees 24

Work 22

Husband:

Former, service of mxist be shown, if any, claims of widows 229

If a pensioner widow not required to show other service 148

I.

Identity. 322

Special examination as to 220

Imprisonment, payment of invalid pensions to wife in case of (a«t Aug, 8, 1882) . , 493

INDEX, 147

Act of Mar. 19, 1886, to be noted on reissue certificates 274

Act of Mar. 2, 1895, to be noted on reissue certificates 274

Act of May 11, 1912—

Considered if beneficial age reached within three months 90a

Considered receipt information any source pensioner reached beneficial

age 94

If not entitled within three months, memorandum to be kept 90b

To be considered upon request from pensioner 89a

Applications direct from Law Division to adjudicating divisions 55b

Prompt consideration of 64b

Automatic (act of May 11, 1912) 448

Briefing of claims for 194, 195

Declarations for 449

Disability, to commence from date of filing declaration under act of May 11,

1912 86

Indian wars survivors (act of Feb. 19, 1913) 131

Medical examination in claims for 64b

Not ordered if in receipt maximum rate ^ . 64c

Medical testimony in applications for renewal 64d

Required if pensioner receiving $17 to $24 64h

Minor and helpless children, not to be allowed in special acts of widows

unless provided for 65

New disability not alleged of service origin, to be ignored 66

No examination, case of death of applicant, case rejected 641

On account of age, future (act of May 11, 1912) 80

Rejected claim reopened if medical examination ordered therein 64k

Renewal and, under sections 4692 and 4693, Revised Statutes 143

Second filed before prior one disposed of 64e

Submission of to board of review 64a

Incurrence:

Death or disability prior to Mar. 4, 1861, law relative thereto and dj.te

commencement of pension 427

Disability in service (act of May 11, 1912) 446

Index sheets:

Prepared in Special Examination Division 12, 219, 226

To contain date of medical examination 219

Indian soldiers, wido^rt, marriage 455

Indian wars:

Briefing claims account of 211

Certificate as to service. State of Texas 130

Service, pensions accoimt of 421-423

Survivors, increase to $20 131

Indorsements. (See Endorsements.)
Information:

Calls for from private institutions, if fee required 310

Employees prohibited from giving out 28

For press 28

Initials:

And date in indorsements on jackets, required 317

Authors, must appear on all communications from bureau 49, 300

Injuries:

Disability from, nature of evidence required 435

Line of duty, record of treatment not suflBcient .- 441

148 INDEX.

Inmates: Section.

Government Hospital for Insane, pensions of 489-492

Soldiers' Home, addresses to contain service 299

Inquiries:

Addressed to employees, referred to proper official 295

Prompt answers required in 289, 291

Without data, to be returned 43a

Insane:

Government Hospital for, pensions of inmates of 489-492

Invalid pensioner, payment to wife 493

Inspection:

Confidential communications and reports, special examinjers in criminal

cases, prohibited 284

Examining surgeons' certificates 285

Papers 284-288

Institutions, private, calls for information from, it fee required 310

Instructions:

Chiefs of division, to be in writing 47, 48

Letter of, in special investigations, to be prepared with carbon 50

Special examination of medical questions, by medical referee 61j

Interest, in prosecution of claim, witnesses to state 501

Interior, Secretary of, names dropped from roll upon approval of 155

Interlineations:

Certified to by officer 503

Erasures and underscoring not allowed in correspondence 294, 300

Intricate questions of law to attention of commissioner 5

Invalid claims:

Military and medical history 63a

Original, practice in 63

Special examination, not referred unless ratable degree disability 224

Invalid pensioner, insane, payment to wife 493

Investigations, special, letter of instructions to be prepared with carbon 50

Issuance, of supplies 44

Issues:

Notice of given claimants only when fee allowed 269

Ordinal or reissue 68al, all

J.

Jackets and endorsements 317

Jackets:

Certificate, no change in except in Certificate Division 272

Endorsements, date, initials, and division required 317

on to be clear 317

Mutilated, to be replaced by new 317

Joint resolution of May 29, 1830: Meritorious cases not allowable under law,

referred to Congress 281a

Joint resolution of July 1, 1902:

Amending act of June 27, 1890, honorable discharge 443

Applicable widows' claims under acts of June 27, 1890, and April 19, 1908 . 464

Claims under , 101-104

Joint resolution of June 28, 1906, amending act of June 27, 1890 443

Justices and notaries 405-408

Calls for information as to official character of officers to be on Law Division 407
Certificates of official character of officer covering date execution only, not

to be detached 4Qg

INDEX. 149

I". Section.

Laches, attorneys dropped account of 379

Land, bounty, communications aa to, to Army and Navy Division 54b

Last sickness and burial, feimbursement 495

Law:

Authorizing leaves of absence 415

Certified copies all pension, filed in Law Division 278

Declaration, recording under proper 52

Intricate questions of, to Commissioner 5

Law clerk, duties of g

Law Division:

Abstracts of evidence furnished by 11

Act of March 3, 1899, division of pension, under j 11

Application 1 for increase, direct from, to adjudicating division 55b

Certified copies all pension laws, filed in 278

Communications as to fraud or violation of law to 43b, 54a

Contesting claims, reference of , to 232

Criminal matters, and recovery by civil action, charge of 11

Declarations, defective, doubtful, or indefinite, correspondence as to, by. . 60b

Division of pension in charge of 11

Duties of 11, 156, 162, 218, 280

Execution of documents, imperfect to 409

Keep record of official character and signature of officers 11

Official character, notaries and justices, calls for, on 405-407

Oral arguments before, by attorneys, not permitted 395

Original applications from, to Record Division 55a

Public acts promulgated by 278

Reference of special acts to 275

Reference to, claims probability of fraud in 222

Reports of special examiners as to fraud, to 223

Return of papers through 319

Status of attorneys obtained from 347

Validity and sufficiency of declarations passed upon by 11, 55a, 60a

Leaves of absence, laws and rules governing 415

L^ality, marriage accordii^ to locality 454

Legislation, prospective, or proposed, report on by Law Division 11

Legitimacy, children born prior to marriage 460

Length of service:

Act of May 11, 1912, deductions : 72

Time in hospital or absence account self-inflicted wound to be deducted. . 72
Letters:

Alleging fraud, to Law Division 43b

Circular, not to be used in corresponding with departments 294

Form of, advising claimant as to action ,. 139, 140

Guardianship, not called for in adjudicating divisions 261

Instructions in special investigations prepared with carbon 50

Official, general form of 303

Official, spacing of 303

Rejection, form used when applicant not reached beneficial age 92

Litrary, history of organization from, in identity cases for special examination. 220

Limbs, artificial, applications for, where filed - 511

Limit, time for appeal, 30 days in contested claims 242

Limitation, as to disloyalty, removal of 443

1 50 INDEX.

Line of duty: Section.

Definition of 434

Presumption of 136

Record of treatment of injuries in service not sufficient to show 441

Locality, legality of marriage according to 454

Loitering, prohibited 23

Lost certificates, reissues in lieu of 273, 274

Lost checks, correspondence as to, to be in name disbursing clerk 296

Loyal States, date of enlistments in 74

Lunches, refuse from, disposition of 34

Lunch hour 22

M.

Machines, typewriting:

To be reported to Mail and Supplies Division 46a

Transfer of 46b

Mail:

Foreign, to Mail and Supplies Division for postage 308

Registered, name of county to be given in address 302

Valuable, addresses care another person not accepted 216b

Mail and Supplies Division:

Calls for marriage circular thereon, on Form 3-416 43c

Duties of 19, 43a, 44, 46

To receive and stam.p all papers 59b

Mailing check, when constitutes payment 497, 498

Maine, battleship, pension account destruction of, not to commence prior to

February 16, 1899. 134

Marital history, claimant's statement before special examiner to include 221

Marriage:

Children born prior to, legitimate if acknowledged by father 460

Date of, in claims act of June 27, 1890, and April 19, 1908 462

Divorce, guardianship, and, under charge of Law Division 11

Evidence, order of value 453

L^ality of, according to locality 454

Prior, proof as to 456

Proof of 453

Question of, by whom determined 239

Subsequent to March 3, 1899 458

Widows, colored, and Indian soldiers, section 4705, Revised Statutes 455

Widows prior to June 27, 1890 462

Marriage circular, calls for, on Mail and Supplies Division on Form 3^16 43c

Maximum, rate, medical examination not to be ordered if 64c

Meaning, "construed " as used in section 4701, Revised Statutes 77

Medical Division:

Duties of 10,155b

Orders medical examinations issued in 61b, 63b

Medical:

Evidence —

Required in disability claims, act May 11, 1912 96

Required in disability from disease 437

Testimony —

In applications for renewal and increase 64d

Required in certain cases before ordering examination 64f

Required in increase claims if pensioner receiving $17 to $24 64h

To be considered by medical referee before ordering examination 64g

INDEX. 151

Section.

Medical examination 61

Care observed not to order, unless required 61c

Civil surgeons 61g

Date of, to be given in index sheets 219

Disability —

Act May 11, 1912 95,98

When not necessarily permanent, to be noted for another 61o

Home examination, order canceled if claimant dies before 61h

Inability to report before board 61m

In claims for increase 64b

Not ordered if maximum rate 64c

Not to be made by medical referee or bureau surgeon 61d

Notice of, and calls for evidence, not to be sent to disqualified attorneys. . 365

Order for, reopens rejected claim for increase 64k

Order not to issue for new disability until legally approved 61f

Orders for, in Medical Division 61b

Orders for, in rejected cases 611

Orders for, not to be issued in certain cases 97

Rejected certificates of, not to be filed in brief 61n

Report War or Navy Department obtained before ordering 61a

Second, order for, before different board 61c

Test examination 61i

To cover all disabilities found 61k

Medical questions, instructions for special examination > f, by medical referee. . . 61j

Medical referee:

Action on face brief in reopening rejected cases 183, 184

Consideration of medical testimony by, before medical examination

ordered 64g

Correspondence with examining surgeons to be in name of 296

Duties of 10, 155b, 218

Instructions for special examination of medical questions by 61j

Or bureau surgeon, medical examination not to be made by 61d

Question as to ratable disability, to 63c

Ratable degree of disability determined by, in invalid cases before special

examination 224

When claims under sections 4692 and 4693, Revised Statutes, to be re-
ferred to 142

Medical survey, not open to inspection 288

Member of Congress:

Name on face brief ■ 179, 183c

Notification of action only in cases called up by 290

Notified rejection if still in office and claim called up by 234

Prompt answer required in calls by 289

Soliciting assistance of, by attorneys subject to disbarment 360, 361

Memorandum to be kept, if claimant act May 11, 1912, not entitled within three

months :-■ 90t)

Merit, promotions based on, onlyi 33

Messages, private, use of telephone for, prohibited 38

Messengers:

Distribution of ^^

Duties of ^2

Mexican War:

Briefing of claims account of - 210

Service pensions, provisions of law relative thereto 424, 426

152 rNDEX.

Section.

Military and medical history, invalid claims 63a

Military or naval home, correspondence addressed official head 312

Minor, and helpless children, increase for, not to be allowed in special acts of

widows unless provided for 65

Minor brothers and sisters, dependent, proof required 477

Minor children:

Briefing claims for 204

Order of value of evidence , 459

Minors:

By former wife, increase account thereof, payable to widow 461

Claim of, prosecuted by next friend, or guardian 467

Payment only to guardian 467

Title if abandoned by widow or her name dropped account of adulterous

cohabitation 466

Title of, under act of May 9 , 1900 466

Title under act of June 27, 1890 466

Title under sections 4702 and 4703 , Revised Statutes, general law 465

Misstatement of age, refundment account of 152, 153

Mistake of fact, recovery on account of 154, 488

Money, solicitation of, from employees prohibited 40

Money orders or drafts, refundments and recoveries to be by 149

Monthly reports, chiefs of division to make 53a

Mothers:

Dependent, requirements in claims of 471-475

Service of former husbands must be shown 229, 329

Motion, reconsideration in appeals 251

Motions to reconsider rulings and decisions of Law Division not to be enter-
tained 396

Muster out, declaration, if executed on date of 58

Mutilated jackets to be replaced by new 317

N.
Name:

Change in, claim to be referred to Record Division 327

. Commissioner, correspondence to be conducted in 296

County, to be given in address, registered mail 302

Guardian, to appear on face brief 262

Vessel, to be given in certificates in Navy cases 266

Names:

And addresses of comrades 320

Dropped from roll upon approval Secretary 155

Pensioners, certified copies to be furnished 507

Subagents and correspondents, attorneys required to state all 371

Naval or miUtary home, correspondence, addressed official head 312

Navy:

Allowances, 10 and 20 years' service 451

Cases, certificates in, to contain name of vessel 266

Service in, Civil War, when considered 7g

Navy Department:

Report obtained in Navy cases before ordering medical examination 61a

Reports from gg^^

Neatness and order observed regarding desks 24

Neglect, prosecution of claim for one year held as abandonment by attorney 380

INDEX. 153

New disability: Section.

In increase claims, not alleged of service origin, ignored . . . « 66

Requirements as to, in declaration 59a

When not considered. 66, 67

Newspapers and books, reading of prohibited 23

Next friend, minors, prosecution of claim by 467

Ninety days, allowed attorney in rejected cases to ask for reconsideration 382

No disability, rejection, if not ratable 63e

Notaries and justices 405-408

Calls for information as to official character of officers to be on Law Division . 407
Certificates of official character of officer covering date execution only, not

to be detached 406

Certificates of official character to Law Division 405

Notation:

Benefits, act of March 2, 1895, on brief, when given 64i, 64j

Death to be made in ending original claims 56

Disability, when not permanent, for further medical examination 61o

Notice:

Appeal-
Consideration in bureau after 259

To all parties in interest 242

Before dropping suspension, requirements as to 485-487

Decision, appeal, claim for division of pension 252-256

Of issue, given to claimant only when fee allowed 269

30 days', to be given attorneys dropped on account of laches 379

To attorney of action of rejection 382

Notification :

Claimant and attorney, in rejected claims 233

Members of Congress of action only in cases called up by 290

Rejection, Members of Congress still in office and called up by shall be ad-
vised .' 234

Nurse, service of husband, if any, required 329

Nurses, Army, Act of August 5, 1892 484

O.

Oath, judicial officers using a seal not to be under 505

Oaths, rural free-delivery carriers not authorized to administer for general pur-
poses 408

Office parlance, expressions used in, not allowed in official correspondence 292

Officers:

Certificate required as to erasures and interlineations 503

Certificate required as to credibility of witnesses 502

Commissioned, in service, certificate accepted 436

Correspondence with consular, to be through State Department 313

Judicial using a seal not to be under oath 505

Record of official character and signature kept by Law Division 11

Under general-law rates for 414

United States, prohibited from acting as attorneys 359, 404

Official calls, all evidence required to be included in 304

Official:

Character, notaries and justices, calls for on Law Division 407

Communications 49-57

From bureau initialed personally by author 300

Of special examiners to be addressed to commissioner 39

154 INDEX.

Official — Continued. Section.

Expressions used in "oflSce parlance' ' not to be used in correspondence. . .. 292

Inquiries addressed to employees, referred to proper 295

Officials, soliciting assistance of, by attorneys subject to disbarment 360, 361

Order:

Medical examination —

Not to issue if maximum rate 64c

Not to issue in certain cases 97

Not to issue new disability until legally approved 61f

Not to issue unless required 61e

To be issued in Medical Division 61b

Regular, claims not taken out upon request of attorney, except for good cause. 373

Second medical examination, before different board 61c

Order of value:

Evidence as to marriage 453

Evidence, minor children 459

Organization of bureau 2-8

Origin:

Evidence as to, if testimony of siu-geon or officer not available 438

New disability in claims for increase, not alleged of service to be ignored ... 66

Rejection, if claimant unable to fuTnish evidence of 63f

Rejection, if disability not of service 63b

Original:

Claims pending, death in, to be noted 56

When certificates classed as 68 al, all

Original invalid claims:

Briefing of 189-193

Practice in 63

Original of papers filed, return of by Law Division 11

Other service:

Declaration of applicant aato I47

Widow not required to show, if husband a pensioner 148

Outside parties, discussion of business of bureau with, forbidden 32

Overpayment, payment of accrued pension not to be made in cases of 154

P.

Papers:

Arrangement of, in briefing claims in different classes of cases 170-214

Copies of 506-508

Inspection of 284-288

Official-
Entrusted to employees only 30

Prom office of Secretary, not to be given out by subordinates 29

Return of 3ig

By special examiner, case death claimant 230

Parents, dependent:

Present dependence only, section 4707, Revised Statutes, as amended by

act June 27, 1890 479

Rank governs rate 48q

Parlance, office, expressions used in, not allowed in official correspondence 292

Parties, all in interest to be notified of appeal 242

INDEX. 155

Payment:

Accrued pension— Section.

Act of March 2, 1895, relative to 494

Not to be made in cases of overpayment 154

Date disability ceased to govern in dropping cases 155b

Guardianship cases, to be made to guardian 263

Insane or imprisoned invalid pensioner, to wife 49?'

Minors, only to guardian 467

Salaries of employees 36

Widow as guardian, none if dropped from roll under act of August 7, 1882 . . 265

When mailing check 'constitutes 497,498

Payments:

Calls relative to, to be made on Finance Division 163

First, $500 or more, to commissioner , 5

Penalty envelope not to be furnished 43a

Pending claims:

Count of 330-343

Definition of 331

Original, death in, to be noted 56

Pension:

Accrued 156-162

Not allowable in cases of overpayment 154

Reference of application for 156

Appeals in, and bounty land, practice in 240-257b

Commencement of, account destruction battleship Maine 134

Division of —

Action in Law Division on appeals 260

Appeals, notice of decision 252-256

Pensionable service, drafted men, commencement of, act of May 11, 1912 79

Pensioners:

Addressee of, correspondence as to. 296

Deaths of, reported to Finance Division 54d

Election, when entitled to 144

Names of, certified copies to be furnished 507

Widow not required to show other service if soldier was 148

Pension laws, certified copies of all, to be filed in Law Division 278

Permission to examine certificates of disability 288

Permits:

Cases in field for special examination 225

To draw pension issued by Certificate Division 16

Personal visits during oflSce hours prohibited 25

Personnel:

Board of Review, determined by commissioner 9

Bureau under charge of chief clerk. 6

Photostats - 319

Physician:

AflBdavit of, to be in handwriting of witness 504

Testimony of each, required as to continuance of disability 439

Postage:

Amount attorney may receive 393, 516

Foreign mail to Mail and Supplies Division for 308

Returned if inclosed , • 315

156 INDEX.

Postmasters, fourth-class, not authorized to administer oaths for general pur-
poses 408

Post-office addresses:

Change of 18

Pensioners, charges for furnishing 508

To include street and number, post-office box, or rural free-delivery route. 216

Witnesses, including street and number, to be given 501

Postoffice, money-orders or drafts, refundments and recoveries tobeby 149

Power of attorney:

Attorney not recognized except upon 357

Claimant's right to revoke 383

Not recognized except signed by claimant in presence of two witnesses. . . 358

Practice:

Abandoned claims 236, 237

Original invalid claims 63

Pension and bounty-land appeals 240-257b

Press, information for 28

Presumption:

Of death, act of Mar. 13, 1896 463

Prior soundness, act of Mar. 3, 1895 440

Prima facie, statement "no other service," in declaraction, to be accepted as.. 'l47

Prior:

Husband, if any, service of, in widows' claims, reference of to Record

Division 328

Marriage, proof as to 456

Prior soundness, presumed, act of Mar. 3, 1895 440

Private:

Institutions, calls for information from, if fee, required 310

Messages, use of telephone, prohibited 38

Promotions, based upon merit only 33

Prompt:

Action, in cases recalled, from Congress 280

Answers required in congressional calls 289

Answers required to inquiries for status 291

Proof:

Of disability required if no record of 433

Of marriage 453

Prosecution:

By claimant in person 4jg

Minors' claim by "next friend" or guardian 467

Neglect for one year, attorney held to have abandoned claim 380

Witnesses to state interest in ^^

Public acts, certified copies by chief clerk to Law Division for filing 278

R.

Rank, governs rate, dependent parents 4g0

Ratable, disability:

Invalid claims, not to be referred for special examination unless shown ... 224

Question of, to medical referee g3„

Rejection on account of no, and new disability alleged 611

INDEX. 157

Rate: Section.

Automatic, to be shown 80

Form of approval in case applicant receiving higher rate under other laws. 138

(Joverned by rank, dependent parents 480

Greater under other laws, claim to be rejected (act May 11, 1912) 87

Maximum, if claimant in receipt of, medical examination not to be ordered . 64c

Officers under general law , 414

Raters' section in Certificate Division 16

Kates:

Tables of 410-413

Under act May 11, 1912 446

Reading, books and newspapers prohibited 23

Receipt, date of, not required to be given in official communications from

bureau 301

Recognition:

Attorney, only upon power of attorney 357

Of attorneys 344, 346

Power of attorney, not unless signed by claimant in presence two witnesses. 358

Reconsideration :

Claim for, 90 days allowed attorney in which to file 382

Motion for, in appeals 251

Rulings and decisions of Law Division, motion for, not to be entertained. . 396

Record:

Calls for, on filing application 431

Injuries, treatment in service not sufficient to show line of duty 441

Origin, if none, proof required 433

Record Division:

Chief of, to sign call slips where no claim on file 326

Connected claims, cross reference of, by 328, 329

Duties of - 15, 55a

Duties of, with reference to indefinite declarations 60b

Names and addresses of comrades furnished by 320

Reference of claim to, if any change in name or service 327

Recording declaration under proper law 52

Records:

Bureau, copies of, when furnished and charges for 506

War Department, additional call required if report prior to 1889 432

Recoupment 487

Recoveries and refundments, required to be by drafts or post-office money

orders • '-^^

Recovery:

Account of fraud or mistake of fact 488

When to be made by special examiner 151

Recovery and refundment 149-154

Reference:

By Secretary of correspondence entails reply through his office 306

Claims for reimbursement 162

Claims under sections 4692 and 4693, Revised Statutes, to medical referee. . 142

Communications "*

Fraud, probability of, to Law Division 222

Inquiries addressed to employees, to proper official 295

Special acts to Law Division 275

Special examination, invalid claims, ratable disability shown before 224

158 INDEX.

Befundment: Section.

Attorney's fee erroneously certified 402

When age misstated 152, 163

Refundments:

Deposited with Treasurer of United States and auditor advised 150

Forwarded to Finance Division 150

Transmission to commissioner 149

Refundments and recoveries, required to be by drafts or post-office money

orders 149

Refuse from lunches, disposition of 34

Registered mail, name of county to be given in address 302

Regular establishment:

Definition of 135

Service when considered in Civil War 75

Regular order, claims not to be taken out of, upon request of attorney, except

for good cause 373

Reimbursement :

Amount received from different States and District of Columbia to be

deducted in claims for 157

Bills of expenses last sickness and burial 495

Claims for (act Mar. 2, 1895) to Army and Navy Division 13, 55c

Death of pensioner, case to Finance Division to drop 162

Expenses last sickness and burial 495

Expenses of attorney, when allowed from claimant 377

Reference of claims for 162

Reimbxu-sement and accrued pension 156-162; 494-496

Reissue:

Certificates, increase under act March 2, 1895, noted on 274

Certificates when called 68al, all

In lieu of lost certificates 273,274

Rejected:

Claim to be —

When claimant unable to furnish evidence of origin 63f

When no disability exists 63e

Claims. 233, 235

Date birth to be noted on face-brief in certain cases 88

Evidence in, to be disposed of by face-brief action 318

Examination of surgeons' certificates not permitted in, after three

months 287

Reopening of, disability, act May 11, 1912 99

Under act of May 11, 1912, if pensioned equal or greater rate under

other laws gy 93

Increase, order for medical examination reopens 64k

Rejected certificates, medical examination, not to be filed in brief 61n

Rejection:

Account of age, pensioner to be advised as to future rights 91c

Claimant and attorney to be notified 233

Death of claimant, no one to complete j61

Form used when applicant not reached beneficial age 92

Increase, if no examination and applicant dies 641

Letter of, to contain date birth. In certain cases 88

Members of Congress still in office to be notified, if claim called up by 234

Ninety days allowed attorney to file for reconsideration 382

When account no ratable disability and new disability alleged , . , , , 611

INDEX. 159.

Section.

Relatives, dependent, title of under section 4707, Revised Statutes , 470

Remarried widows, renewal act of March 3, 1901 483

Renewal:

Act of March 3, 1901, remarried widows 483

Declaration failure to claim 482

Widows, section 4708 Revised Statutes, requirements as to 483

Renewal and increase:

Medical testimony in claims for 64d

Under sections 4692 and 4693, Revised Statutes 143

Renewal and restoration, section 4719 Revised Statutes, failure to claim 450

Reopened, rejected increase claims, if another medical examination ordered. . 64k
Reopening:

Act of May 11, 1912, when claimant elects 93

Briefing and action in. 183-185

Change La practice as to pensionable service, not to result in, in claims pre-
viously adjudicated 78

If allowance results in, reopening another claim previously rejected, sub-
mission to commissioner 215

Name of Member of Congress on face-brief 183c

Eejected disability claims, act of May 11, 1912 99

Report:

Biennial, of guardian required 264

Death of employees to be made 45

Meritorious claims to Congress, act of May 29, 1830 281

Typewriting machines, to Mail and Supplies Division 46a

War or Navy Department to be obtained before ordering medical examina-
tion 61a

Reports:

Chiefs of division to make daily and monthly 53

Special examiners —

As to fraud, to Law Division 223

In criminal cases, and confidential communications, not to be in-
spected 284

Request, attorney "that claim be taken out of regular order not considered except

for good cause 373

Requests:

Blank applications, to chief clerk 55d

Special examination —

By whom made 218a, b

To be approved by commissioner 218c

Requisitions on Treasurer of United States made in Finance Division 17

Resolution, joint, trf May 29, 1830 281

Restoration and reissue, briefing of claims 197

Restoration and renewal, section 4719, Revised Statutes, faitoe to claim 450

Retired, no pension for service in Coast Guard while on list 13

Return:

Communications without sufficient date 43a

Completed claims, special examiner to 228

Papers by special examiner, case death claimant 230

Postage stamps, if inclosed 315

Revocation, power of attorney, by claimant 383

Revolution, War of , pensions account of 419

76704°— 15 11

160 INDEX.

Right: Section.

Future, pensioner to be advised of, when claim rejected account age 91c

Of election 67b

Pensioner receiving same rate under another law 93

Vested, pension, act of December 21, 1893 485

Rules:

Governing leaves of absence 415

Governing special claims 282

Rural free delivery carriers not authorized to administer oaths for general pur-

408

S.
Schedule:

Payment of pensions, made in Finance Division 17

Transfer of attorneys required 852

Seal, judicial officers using, not to be put under oath 505

Secretary:

Correspondence received by reference of, reply through his office 306

Decision of, in appeals, copy mailed party in interest 257b

Names dropped from roll upon approval of 155

Official papers from, not to be given out by subordinates 29

Regulations prescribed by, payment to inmates Government Hospital for

the Insane 489

Section 4617, Revised Statutes, amended July 1, 1902 443

Section 4693, Revised Statutes, declarations, all disabilities contracted in serv-
ice to be named therein 429

Section 4693, Revised Statutes, declarations, signature to be witnessed by two

persons 430

Section 4701, Revised Statutes:

Act of May 11, 1912, not to reopen claims adjudicated prior to change in

practice 78

Application of, to claims under act of May 11, 1912 77

Meaning of "construed" as used therein 77

Section 4705, Revised Statutes, marriage, in claims widows, colored and Indian

soldiers 455

Section 4706, Revised Statutes, suspension of widow, minor's title 465, 466

Section 4707, Revised Statutes:

Amended by act of June 27, 1890, as to dependent parents 479

Dependent parents, present dependence only required, amendment by act

of June 27, 1890. 479

Title of dependent relatives under 470

Section 4708, Revised Statutes, amended by act of March 3, 1901, remarried

widows 483

Section 4715, Revised Statutes, act of March 3, 1901, applies thereunder 67a

Section 4716, Revised Statutes, disloyalty, limitation as to, removed by joint

resolution of July 1, 1902 443

Section 4719, Revised Statutes:

Declaration, requirements as to, in claims for restoration 482

Restoration and renewal, failure to claim 450

Sections 4692 and 4693, Revised Statutes:.

Declarations thereunder 428-430

Rate, notice, and proper action, certain cases 139-142

INDEX. 161

Sectioiis 4702 and 4703, Revised Statutes: section.

Minors, title thereunder, general law 465

Rate and notice under 139-140

Title of widows, general law 452

Sections 4756 and 4757, Revised Statutes, allowances account 10 and 20 years'

naval service 451

Service:

Any change in, claim to be referred to Record Division 327

Certificate as to, State of Texas,. Indian wars 130

Civil War, act of February 6, 1907 : 444

Clearance, establishment of 332

Disability incurred in, act of May 11, 1912 446

Former husbands, if any, must be shown, widows' claims 229

Husband, if any, required in claim of mother or nurse 229, 329

Length of, act of May 11, 1912, deductions 72

Navy-
Civil War, when to be considered 76

Ten and twenty years' 451

No pension, members Coast Guard, while in active 13

Origin, new disability in claims for increase, not alleged of, to be ignored . . 66
Other-
Declaration of applicant as to 147

Widow not required to show, if soldier a pensioner 148

Pensionable, drafted men, commencement of, act of May 11, 1912 79

Prior husband, if any, in widows' claims 328

Prior soundness presumed, act of March 8, 1895 440

Regular establishment, Civil War, when not considered in 75

Time in hospital or otherwise absent account of self-inflicted wound to be

deducted 72

To appear in addresses to inmates Soldiers' Home 299

Treatment of injuries in, not sufficient to show line of duty 441

Service pensions:

Indian wars ' 421^23

Mexican War, provisions of law relative thereto 424-426

War of 1812 420

War of the Revolution 419

Sickness, last, and burial, reimbursement for expenses 495

Signature:

Commissioner —

By means of stamp 51

Facsimile, stamped in division 316a

Declarations, under section 4693, Revised Statutes, to be witnessed by two

persons 430

Tracing of, in cases of identity 322

Sisters and brothers, minor, dependent, proof required 477

Slip, separate, required ia each case transfer of attorneys 351

Slips:

Call, for cases, requirements as to 323,324

Transfer, referred to Law Division 394

Smoking prohibited • 35

Soldiers, colored and Indian, widows, marriage, section 4705, Revised Statutes. 455

Soldiers' Home, inmates of, service to appear in addresses 299

162 INDEX.

Soliciting: SeeHon.

Attorneys of assistance, Members of Congress and other officials subject to

disbarment 380. 361

Money from employees for political purposes proMbited 40

Spacing of official letters 303

Special:

Case to be treated as, if error in certificate 271

Claims not to be called for as 342

Special acts 275-277,279

Copies to be made by chief clerk 275

Declaration required in, if no claim on file 279

Reference of, to Law Division 11, 275

Widows, increase minor and helpless children not allowed unless provided

for 65

Special claims, rules governing 282, 283

Special examination 218-232

Cases in field for, permits in 225

Claimant's statement in invalids' or survivors' claims 221

Claim under subsequent act to be completed if earlier claim in field 227

Identity cases 220

Invalid claims, not to be referred unless ratable degree disability shown. . 224

Medical questions, instructions, by medical referee 61j

Original claim in field subsequent claim forwarded for consolidation 226

Requests for —

By whom made 218

To be approved by commissioner 218c

Special Examination Division:

Correspondence with foreign countries to be through, if expense involved . 314

Duties of 12

Special examiners:

Official communications of, addressed commissioner 39

Reports cf —

As to fraud, to Law Division 223'

In criminal cases, and confidential communications, not to be inspected 284

Subpoena of 57

To return completed claims 228

To return papers in case of death claimant 230

When recovery to be made by 151

Special investigations, letter instructions with carbon 50

Stamp, signature of commissioner 51^ 316b

Stamping of commissioner's facsimile signature in division , 316a

Stamps, postage, to be returned, if inclosed 315

State agents, advised as.ta calls 403

State Department, correspondence with consular officers to be through 313

State, Texas, certificate as to, Indian wars 130

Statement, claimant, in invalids' or survivors' claims, special examination 221

States, loyal, enlistments in 74

Status:

Attorney —

Not affected by change of guardian 374

To be obtained from Law Division 347

Inquiries for, prompt answers required ja 289 291

Street and number to be included in post-office addresses of witnesses 501

INDEX. 163

Section.
Street and number, post-office box, or rural free-delivery route, addresses to

include 216*

Subagenta, attorneys required to state names of all 371

Submission, increase claims to board of review 64a

Subordinates, official papers from Secretary, not to be given out by 29

Subpoena, special examiners "-.-.- 57

Subsequent act, claim under, to be completed if earlier claim in field 227

Sufficiency declarations passed upon by^Law Division 60a

Superfluous force must be reported to chief clerk 23

Supervision:

Chief clerk, divisions under ,.,„ 4

■, .Commissioner, divisions under. 2

Deputy commissioner, divisions under 3

Supplies, issuance of 19,44'

Siugeon:

Affidavit of, to be in handwriting of witness 504

Civil, medical examinations by, 61g

Surgeons, examining:
Certificates —

Copying of, prohibited 285c

Inspection of, not permitted in admitted cases 286

Inspection of, not permitted in rejected cases after three months 287

Persons permitted to examine 285b

Correspondence with, in name medical referee 296

Surgeons, examination:

Inspection certificates of 286

Testimony of ^^

Survivors, Indian Wars, increased to $20 per month, act of February 19, 1913. 131

Suspended attorney entitled to fee in claims completed prior to suspension. . . 362

Suspension notice, requirements as to 485, 486

T.

Table, attorneys' fees allowed by law 513

Tables, rates • 410-413

Tardiness, to be charged. 22

Telephone, use, prohibited private messages 38

Ten years' service in Navy 451

Test, medical examinations ^^*

Testimony:

All details to be given by witnesses, in 502

And creditabUity, of witnesses 321

62
Exammmg surgeons

Medical —

In applications for renewal, increase claims 64d

Required in certain cases before medical examination ordered. .... 64f, 64h

To be considered by medical referee before ordering medical examina-

tion -- ^S

To contain all details by witnesses , ^^

Allowed attorney in rejected cases to file claim for reconsideration 382

Appeal, one year ■

Contested claims, limited 30 days for appeal ^^^

Furlough, not to be deducted if returned from • 72

Within which evidence called for must be furnished 379

164 INDEX.

Title: Section.

Attoraeyfl, not to contain initials "TJ. S." or words "United States". 401

Fee-
Attorney, not considered after one year from date of issue 370

Case attorneys' suspension, in claims completed prior to 362

Mioors —

If widow dropped account adulterous ■ cohabitation, or abandoned

by her ...^ 466

Under act of June 27, 1890 466

Under act of May 9, 1900 466

Under sections 4702 and 4703, Revised Statutes, general law 465

Widows, under sections 4702 and 4703, Revised Statutes, general law 452

Tracing signature in cases identity 322

Transfer:

Attorneys —

In cases deceased claimants 355

Schedule of, required 352

Separate slip required in each case 351

Written consent of claimant required in 354

Attorneyship, acknowledged under oath 350

By attorney prohibited unless in good standing 356

Consent of attorney required in 349

Slips, referred to Law Division 394

Typewriting machines 46b

Treasurer of United States, refundments to be deposited with 150

Treatment, injuries in service, record of, not sufficient to show line of duty 441

Twenty years' service in Navy 451

Two:

Claims or more involved in appeals 251

Or more disabilities, disposition of claims for 145-146

Witnesses, to signature in declarations under section 4693 , Revised Statutes . 430
Typewriting machines:

To be reported to Mail and Supplies Division 46a

Transfer of 46b

U.

Underscoring, erasures, and interlineations not allowed in correspondence 294

"United States," not to be used by attorneys in title 401

United States Military or Naval Home, correspondence, to be addressed to

official head 312

United States officers, prohibited from acting as attorneys 359

United States Treasurer, refundments to be deposited with 150

"U. S.," not to be used by attorneys in title .- , 401

Use, expressions used in ' ' office parlance " prohibited in official correspondence . 292

V.

Validity declarations:

To be passed upon by Law Division 11, 60a

U. S. S. Maine ' 134

Valuable, mall, addressed care another person not accepted 216b

Value, order of:

Evidence as to dates of birth children 459

In evidence of marriage 453

Vtintilation 42

INDEX. 165

.. .„ ^ Section,

venncation, presence or absence comrades, case not returned on review for, if

testimony before special examiner ._ 231

Vessel, name, to be given in certificates in Navy cases 266

Vested right, pension, act of December 21, 1893 485

Violation, law, communications alleging, to Law Division 54a

Visitors:

Entertaining of, prohibited in court and corridors 23

Parts of building open to 27

Visits, personal, during office hours prohibited 26

Volunteer, organization. Civil War, date of enUstment in 73

Vouchers, preparation of, in Finance Division 17

W
War Department:

Additional call required if report prior to 1889 432

Report from, before ordering medical examination 61a

Reports from 68b

War of 1812, service pensions account of, act of March 9, 1878 420

War of Revohxtion, pensions account of 419

War with Mexico, service pensions, provisions of law relative thereto 424-^26

Ward, claim of, when prosecuted by guardian as attorney, fee not allowed 369

Warrants:

Bounty land 132,133

Attorney to be notified of issue 133b

Delivered personally or by registered mail 132a

Delivery to claimant only ~ 132b

Receipts required for delivery 133a

Wars, Indian, service pensions account of 421-423

Waste baskets not to be used as receptacles for refuse from lunches 34

Widow:

Claims, briefing of 1 98-200

Claims under act of April 19, 1908 —

Briefing of 202

Proof in 463

Date of marriage in claims, acta of June 27, 1890, and April 19, 1908 462

Declarations under act of June 27, 1890, to be accepted as under act of April

19, 1908 60c

Dropped account adulterous cohabitation, title of miaors 466

Guardian, no payment if dropped from roll under act of August, 7, 1882. . . 265

Increase account minors of former wife payable to 461

Marriage —

Prior to June 27, 1890 462

Section 4705, Revised Statutes, colored and Indian soldiers 455

Minor completing, briefing of 201

Other service, not required to show, if soldier a pensioner 148

Provisions of act of —

June 27, 1890, as to 462

May 9, 1900 462

Remarried, renewal act of March 3, 1901 483

Service, former husbands, if any 229, 328

Special acts, increase for minor and helpless children not to be allowed

unless provided for - 65

Title of, under sections 4702 and 4703, Revised Statutes, general law 452

Under acts of June 27, 1890, and April 19, 1908, joint resolution July ] , 1902,

applicable to 101,464

166 INDEX.

Wife: Section.

Insane or imprisoned invalid pensioner, payment to 493

Minors of former, increase account thereof payable to widow 461

Windows, to be opened by messengers 42

Withholding:

Fee of attorney, if articles of agreement defective 397

Willful, of evidence, by attorney, to be reported to Secretary 375

Witnesses:

All details to be given by, in testimony 502

■ Credibility of, to be certified by officer before whom executed 502

Post-office address, including street and number, to be given 501

Testimony and credibility of 321

To signature of applicant in declarations under section 4693, Revised

Statutes " 130

To state whether interested in prosecution of claim 501

Writing, instructions by chiefs of division, to be in 47, 48

Written consent of claimant. req uired in transfer of attorneys 354

Work, hours of ..: 22

Wound, difiability from, nature of evidence required 435

Y.

Year, birth, established, act May 11, 1912, allegation of claimant accepted

' as to day and month 91a

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