put the name of the applicant on the pension list. Every circuit judge (except one, who did not have the case before him) was of the opinion that the law was unconstitutional and void, and that they could not proceed― 1. Because the business directed by the act was not of a judicial nature and forms no part of the powers vested by the Constitution in the courts of the United States. 2. Because, if upon that business the court should proceed, its judg ments-for its opinions are its judgments-might, under the same act, have been revised and controlled by the legislature and by an officer in the executive, department. This question is fully discussed in Hayburn's Case. (2 Dallas, 409.) The question then was whether the decisions of the judges as commissioners out of court was a legal adjudication. To test this, one Yale Todd brought an amicable suit before the Supreme Court, on a case stated at February term, 1794, which was decided at the same term, the court holding that the power conferred on the circuit courts by the act of 1792 was not judicial power, within the meaning of the Constitution, and therefore could not be lawfully exercised by the courts, and that, as the act intended to confer the power on the courts as a judicial function, it could not authorize the judges to exercise that power out of court as commissioners; and this decision, says Chief Justice Taney (note to United States v. Ferreira, 13 Howard, 52), has ever since been regarded as constitutional law, and followed by every Department of the Government. And it is now so well settled that the administration of the pension laws is fully vested in the Commissioner of Pensions, and in the Secretary of the Interior as the final appellate power, that the courts have uniformly refused to interfere with those officers, who are not subject to the control of the courts in the exercise of the discretion which the law reposes in them as part of their official functions. (7 Wall., 347; 14 Peters, 499; 116 U. S., 423.) The first pension act confers authority on the President to establish regulations; and, on the 23d day of December, 1817, regulations were established by the War Department governing the adjudication of pension claims. Precisely what those regulations were can not now be ascertained, because they, with other valuable archives of the Government, were long since destroyed by fire. There can scarcely be a doubt, however, that they formed the groundwork of the present regu lations governing the adjudications of pension claims, amplified and enlarged as experience has shown necessary. PENSIONERS ON THE ROLL. It is not feasible to determine how many pensioners were on the roll prior to July 1, 1861. Since July, 1861, up to June 30, 1896, however, 2,145,569 original claims have been filed in the Pension Office, and of these 1,476,565 have been allowed. On June 30, 1896, there were on the roll pensioners of all classes to the number of 970,678. Of these pensioners but 3,781 reside in foreign countries and the balance in the States and Territories of the United States. AMOUNTS PAID OUT. Since July 1, 1860, to June 30, 1896, the sum of $1,997,515,154,72 has been paid out on account of pensions. PENSION DIGEST. L. B. P EXPLANATORY NOTE AS TO ABBREVIATIONS AND RECORDS AND PUBLICATIONS. P. D. (o. 8.)...... Letter Book Pensions, being the early records of the Interior Department relative to pension decisions by the Secretary, and dating from March 10, 1849. Pension Decisions (old series), being the departmental records (vols. 1 to L. B. Aa. (Ca, Xb, etc.)....Press Letter Books of decisions from January 1, 1887, to June 6, 1890. L. B 1. B. Mise Fee Books.. Fee P. L. Bk Op.. ..Current series of Press Letter Books, dating from June 6, 1890, and numbered 1 to 233, et seq. Letter Book, Miscellaneous, being the miscellaneous letter books, num. bered, from the organization of the Interior Department. Press Letter Books, numbered, containing decisions in fee cases, and dating from July, 1888. Opinions of the Attorney-General. Pension Laws, etc. (1849).. A compilation, made in 1849 by the Commissioner of Pensions, of pension Sec Asst. Sec... laws and decisions prior to that year. ..Secretary. Assistant Secretary. Acting Secretary. Attorney-General. Mayo & Moulton's Pension and Bounty Land Laws, and decisions relative to pensions and bounty lands; published in 1861. Actg. See Atty. Gen. M. & M.... C. Cls. R. S. C..... .Same case. .Court of Claims Reports. 1. Of stepchildren. ABANDONMENT. 2. When minors are entitled on widow's abandonment of them. 3. Functions of Commissioner. 1. Of stepchildren. Section 4706, Revised Statutes, does not apply to a widow who abandons the minor children of her husband by a former wife, but to a widow who abandons her own children by him. Minors of Charles Franklin (Asst. Sec. Reynolds), 7 P. D., 159. 13201 -1 1 2. When minors are entitled on widow's abandonment of them. Where satisfactory evidence has been presented to the Commissioner of Pensions that a widow has abandoned the care of the minor children of a deceased soldier, "or is an unsuitable person, by reason of immoral conduct, to have the custody of the same," such children may be pensioned in the same manner as if no widow had survived such soldier, regardless of a cer tificate of a probate court as to such facts. Citing Minors of Alfred S. Hamilton, 7 P. D., 437 (see MINORS). Charles and Caroline McElhaney (Asst. Sec. Reynolds), 8 P. D., 42. 3. Functions of Commissioner. The action authorized by section 4706, Revised Statutes, to be taken by the Commissioner is not predicated upon any motion or discretion of his own, but only upon the procedure of a probate court, and is merely a diversion of payment of the widow's pension during the children's minority, and not a forfeiture of her pensionable status. Widow of James Lingers (Asst. Sec. Bussey), 4 P. D., 287. Modified; 7 P. D., 437, and 8 P. D., 42. The words "on presentation of satisfactory evidence thereof to the Commissioner of Pensions," as used in section 4706, Revised Statutes, import that the Commissioner's function, in cases arising thereunder, is not merely executive, but judicial as well. Charles and Caroline McElhaney (Asst. Sec. Reynolds), 8 P. D., 42. See also ADULTEROUS COHABITATION; ATTORNEYS; ABSENCE WITHOUT LEAVE. See FURLOUGH; LINE OF DUTY. ACCIDENTAL INJURY. See LINE OF DUTY. ACCOUNTING OFFICERS OF THE TREASURY. See ACCRUED PENSION (Reimbursement); CONSTRUCTION OF LAWS; JURISDICTION. 1. Defined. 2. Rules governing. 3. Not assets. ACCRUED PENSION. 4. Where no application is filed. 5. What claims to be considered pending. 6. What claims to be considered not pending. 7. When widow is entitled, under old laws. 8. Act of June 19, 1840, application of. 9. Act of July 27, 1868, application of. 10. Under section 4718, Revised Statutes-Widow pensioners. (a) On death of widow while claim for accrued pension is pending. (b) Applies to male pensioners only. 11. Arrears under acts of January 25 and March 3, 1879. 12. Legal representatives of widow not entitled on her death. 13. When minors not entitled to widow's accrued pension. 14. War of 1812 claimant entitled. 15. Minor pensioner. (a) Death of one of several minor claimants. (b) Increase on account of minors. (c) Minor child's child not entitled. 16. Dependent mother's accrued pension. 19. Under act of March 1, 1889. (a) Distinguished from section 4718, Revised Statutes. (c) Proviso refers to male pensioners only. (d) Conditions governing payment to legal representatives. (e) Minors are those under 16 years of age. (f) Applies generally irrespective of date of certificate. 20. May be paid on restoration under section 4719, Revised Statutes. 24. No accrued pension under special act. 25. Reimbursement on account of funeral expenses-Jurisdiction. (g) Under widow's claim for arrears. 1. Defined. The term "accrued pension," as used in section 4718, Revised Statutes, means the amount of money unpaid by the Government to which a pensioner or a person who had a valid claim for pension pending was entitled at the time of his death. Atty. Gen. Garland, 19 Op., 1. Section 4718 is superseded by act of March 2, 1895. 2. Rules governing. Accrued pension is not governed by any rule of descent or inheritance except that prescribed by Congress, and payment can be made only to those or for the benefit of those to whom the law may give it. Atty. Gen. Mason, 4 Op., 504. |