enlisted men. The act of April 24, 1816 (3 Stat. L., 296), provided varying rates of pensions for officers of different ranks and increased the maximum allowance for enlisted men to $8 per month. It also provided for a proportionate allowance for partial disability. It included among the beneficiaries of the pension laws, soldiers of the militia while in the service of the United States. An act approved March 19, 1836 (5 Stat. L., 7), extended the benefits to volunteers or militia called into service of the United States to suppress Indian depredations in Florida. The "consolidation act" of March 3, 1873 (17 Stat. L., 572), effected some far reaching changes in the method of rating disabilities, and codified much of the previous pension legislation. The provisions of this act constitute the greater part of Title 57 of the Revised Statutes. This act also extended the provisions of law with respect to the rates of pensions to persons whose rights accrued since March 4, 1861, and to pensioners whose rights accrued under general acts passed since the Revolution and prior to that time, to take effect from July 25, 1866. The earlier pension laws made no provision for the widows of enlisted men of the regular establishment who died as a result of their service. The widows and orphans of commissioned officers dying in the service and in line of duty were entitled to half-pay for five years. The act of March 19, 1836 (5 Stat. L., 7), provided a pension of half-pay for five years to widows and children of enlisted men as well as of officers who died as a result of wounds received in service in the line of duty. An act of June 3, 1858 (11 Stat. L., 309), granted to all surviving widows and minors who had been allowed five-years' half-pay pensions, a continuance from the date of the last payment. By the act of July 14, 1862 (22 Stat. L., 345), Congress established the "general law pension system," granting pensions on account of disability or death due to service. The chief features of this act as well as of the important acts of March 3, 1873 (17 Stat. L., 566), June 6, 1874 (18 Stat. L., 61), and March 3, 1877 (19 Stat. L., 493), are embodied in Sections 4692, 4693, and 4702, Revised Statutes. The general law pension system provides pensions for officers and enlisted men in the army, navy, and marine corps, including regulars, volunteers, or militia, disabled by reason of any wound or injury received or disease contracted while in the service of the United States and in the line of duty after March 4, 1861. It applies not only to service in the Civil War but also to military or naval service in time of peace as well as war. In the act of July 14, 1862, the pensions to invalids were graded according to rank from $8 to $30 per month for total disability, and proportioned for partial disability. These rates have been increased and modified by many subsequent legal provisions, some fixing particular rates for specific disabilities and others conferring the rate-fixing power in certain cases upon the Commissioner of Pensions. An act of March 2, 1895 (28 Stat. L., 704), fixed a minimum rate of $6 per month which any pensioner might receive. The act of 1862 provided that in case an officer or enlisted man died from causes due to military service, his widow, or children, or certain other dependent relatives, should receive the same pension as would be paid an invalid for total disability; namely, from $8 to $30 per month, according to the rank of the deceased. An act of July 27, 1868 (15 Stat. L., 236), made further provision for children of deceased service men. Under the existing provisions of the general law all persons disabled in the line of duty prior to October 6, 1917, in the military or naval service of the United States, and those entering such service on and after February 9, 1922, and disabled in the line of duty, who are not eligible to retired pay, are entitled to receive upon formal application, pensions for disabilities varying in amount from $6 to $100 per month, according to the degree of their disability. Persons pensioned for temporary disability are subject to periodical examination, and their pensions may be renewed at a different rate or discontinued after such examination. For major disabilities the pension rates are fixed by law, and for minor ones, by administrative ruling. Pensions under the general law are the only ones that are granted to service men in the regular establishment, who are not eligible for retired pay, and to their dependents for disabilities or death incurred in times of peace, or to persons participating in the World War, previous to October 6, 1917, who do not receive compensation, or to their widows and children or other dependents. Many invalids and widows of the Civil War and of the War with Spain are obtaining pensions under the general law, because such pensions are more advantageous than those granted under other laws, because they have failed to make claim for transfer to the benefits of the latter, or for the some other reason. Since the enactment of the act of July 14, 1862, a large number of provisions have been enacted specifying amounts to be paid for certain disabilities, the changes made from time to time being in the nature of additional rated disabilities and of increases of pensions for the disabilities specified. These specified rates as now in force, and the dates of the enactments fixing them are as follows $100-Loss of both hands. Act of February 12, 1889 (25 Stat. L., 659) Loss of both feet. Act of March 2, 1903 (32 Stat. L., 944) Loss of both eyes, or disability in same. Act of June 5, Loss of sight of one eye, the sight of the other having been lost before enlistment. Act of April 8, 1904 (33 Stat. L., 163) $90-Loss of one hand and one foot or total disability in same. Act of June 5, 1920 (41 Stat. L., 982) $72-Disability requiring regular aid and attendance. Act of March 4, 1890 (26 Stat. L., 16) Loss of an arm at the shoulder joint, or a leg at the hip joint, or so near the shoulder or hip joint, or in such condition as to prevent use of artificial limb. Act of June 5, 1920 (42 Stat. L., 982) $60-Loss of one hand or one foot or total disability in either. Act of June 5, 1920 (42 Stat. L., 982) $65-Loss of an arm at or above the elbow, or a leg at or above the knee or total disability in either. Act of June 5, 1920 (42 Stat. L., 982) $50 Disability requiring frequent and periodical, though not regular and constant aid and attendance. Act of July 14, 1892 (27 Stat. L., 149) $40 Total deafness. Act of January 15, 1903 (32 Stat. L., 773) $30 Incapacity to perform manual labor. Act of March 3, 1883 (22 Stat. L., 453) $24-Disability equivalent to the loss of a hand or a foot. Act of March 3, 1883 (22 Stat. L., 453) The ratings for minor disabilities not specified by law are fixed by the Commissioner of Pensions, and range from $2 to $27 per month. They are made in accordance with the act of March 3, 1873 (17 Stat. L., 569), act of August 27, 1888 (25 Stat. L., 449), and the act of March 2, 1895. The act of March 2, 1895, provides that all pensioners who would under existing rates be entitled to less than $6 for any single disability or several combined disabilities shall be rated at not less than $6 per month. A clause in an appropriation act of April 24, 1906 (34 Stat. L., 133), provides that "the age of 62 years and over shall be considered a permanent specific disability within the meaning of the pension laws." All of these pension rates apply alike to officers and enlisted men who are eligible for pensions, regardless of their rank or length of service or the number of dependents. There are provisions, however, in the acts of March 3, 1873 (17 Stat. L., 567), and February 28, 1877 (19 Stat. L., 264), which specify a pension of $8 per month for enlisted men of the army and navy, except warrant officers of the navy, for disabilities equivalent to the anchylosis of a wrist, and which for a similar disability of an officer in either the army or navy, makes a distinction according to the rank of the disabled officer, ranging from $10 per month for the lowest to $30 for the highest rank mentioned in the schedule. Officers and enlisted men of the regular establishment are not eligible to pensions while receiving retired pay. Section 5 of the act of March 3, 1873 (17 Stat. L., 569), provides that "the rate of $18 per month may be proportionately divided for any degree of disability established, for which Section 4695, Revised Statutes, makes no provision." Legislation relating specially to the naval service was enacted March 2, 1867 (14 Stat. L., 516). This provides for pensions for twenty years' service and for ten years' service, respectively, which are allowed out of the naval pension fund by the Secretary of the Navy to enlisted men and appointed petty officers who are disabled from sea-service, and who have not been discharged for misconduct. The pension commences from the date of filing the claim in the Navy Department. For twenty years' service it amounts to half the monthly pay at the time of discharge. For ten years' service, the pension cannot exceed the rate for total disability or one-fourth of the rate he is receiving for disability. The latter is fixed by the Navy Department. Applications are made to the Navy Department, but the pension payments are made by the Commissioner of Pensions, to whom each case is certified by the Secretary of the Navy. This pension is in addition to any that may be granted under other acts. Pension rates for widows, children, and other dependents of service men who died as a result of wounds or injuries received or disease contracted in the line of duty are specified in numerous acts as follows: Widows of officers and men of the military and naval service of the United States since 1861, including widows of volunteers and militia men: $12 to $30 per month, according to rank of deceased if married prior to March 3, 1899; or if married after that date, before, or during the service of the deceased husband; or if the wife has lived and cohabited with such service man continuously from the date of marriage to the date of his death; and in the case of widows of men who served in the Spanish War without such limitations. Widows of persons who served in the Civil War, the War with Spain, or the Philippine Insurrection are to have not less than $25 per month. Revised Statutes, Section 4702 (act of March 3, 1873, sec. 8, 17 Stat. L., 569), as amended by the act of August 7, 1882, sec. 1 (22 Stat. L., 345); Revised Statutes, Section 4703 (act of March 3, 1873, sec. 9, 17 Stat. L., 570); Revised Statutes, sec. 4708 (act of March 3, 1873, sec. 14, 17 Stat. L., 571), as amended by act of March 3, 1901, sec. I (31 Stat. L., 1445); act of February 28, 1903, sec. 1 (32 Stat. L., 920); act of March 3, 1899 (30 Stat. L., 1379); and act of October 6, 1917, sec. 314 (40 Stat. L., 408). Double pension for widows, as above, if death was due to accident or disease incurred in the navy or marine corps in connection with aviation duty. Act of March 3, 1915 (38 Stat. L., 940). Children of deceased officers or soldiers of the military or naval services of the United States, if under 16 years of age, or over 16 years if insane, idiotic, or otherwise permanently helpless, provided such child was under 16 at the time of the father's death: $2 per month for each child, if the mother is a widow; $12 to $30 per month for one child, and $2 for each additional child, if there is no widow, or if the widow has remarried or has been deemed an improper person to care for the children. Act of March 3, 1873, sec. 8 (17 Stat. L., 569) as amended by act of August 7, 1882, sec. I (22 Stat. L., 345); act of March 3, 1873, secs. 9, 10, 12 (17 Stat. L., 570); act of March 19, 1886, sec. 1 (24 Stat. L., 5); act of June 27, 1890, sec. 3 (26 Stat. L., 182) as amended by act of May 9, 1900 (31 Stat. L., 171); and act of April 19, 1908, sec. I (35 Stat. L., 64). |