7. Increase-Continued.

(b) On account of nonspecific disabilities-Continued.

certificate establishing the same. James Harris (Sec. Teller), 9 P. D. (o. s.), 324.

A pensioner, on account of loss of a hand and a foot, having filed on June 26, 1880, a claim on account of alleged injury to head, it was held said claim was on account of a nonspecific disability, and was therefore a claim for increase, and gov erned as to commencement of pension thereunder by section 4698, Revised Statutes, and not by section 2 of the act of March 3, 1879. Oscar Dunlap (Asst. Sec. Hawkins), 2 P. D., 291.

The commencement of the increase of pension from $31.25 to the $50 rate, where it is not shown that at the date of the pas sage of the act of June 18, 1874, the claimant was entitled to the benefit thereof, is governed by section 46983, Revised Statutes, and should be from the date of the examining surgeons' certificate establishing the same made under the pending claim. Julia M. Jones (Asst. Sec. Bussey), 3 P. D., 72.

(e) On account of minors.

Where the widow's pension begins from filing the last evi dence (which in this case was subsequent to July 25, 1866), additional pension on account of minor children should begin at the same time. Mary Rich (widow) (Sec. Cox), 7 L. B. P., 284.

The Department holds that no act of Congress passed subsequent to July 25, 1866, fixes the date of commencement of the increase of widow's pension prior to July 25, 1866, the date of the passage of the act granting such increase. Frederick M. Dunn (Sec. Teller), 16 P. D. (o. s.), 25.

Cited in Peter K. Leichty, 4 P. D., 321.

Additional pension allowable under the act of July 25, 1866 (section 4703, R. S.), can not commence prior to the date of passage of said act, notwithstanding the acts of January 25 and March 3, 1879, and June 7, 1888. Widow of George W. Herring (Asst. Sec. Bussey), 4 P. D., 312.

Cited in Peter K. Leichty, 4 P. D., 321.

The $2 per month additional pension allowable under section 4703, Revised Statutes, can not commence prior to July 25, 1866, the date of the passage of the original act granting such additional pension; and the acts of March 3, 1879 (second section), and June 7, 1888, have no bearing on the question of commencement in such cases.

Bussey), 6 P. D., 6.

Widow of Wright Madden (Asst. Sec.

7. Increase--Continued.

(d) Under act of June 27, 1890.

When a pensioner under the act of June 27, 1890, files a claim for increase, the increased pension should commence from the date of the surgeon's certificate establishing the increased disability, made under the pending claim, as provided by section 46984, Revised Statutes. Timothy L. Carley (Asst. Sec. Reyn

olds), 7 P. D., 12.

See also PENSIONS UNDER ACT OF JUNE 27, 1890, SUBTITLE 5.

8. Under act of March 3, 1891 (Powell's Battalion).

Commencement of pension under act of March 3, 1891, as to Powell's Battalion, can not antedate the passage of said act. William G. Lee (Asst. Sec. Bussey), 6 P. D., 149.

9. Under special act.

Pension granted by special act to a widow commences only from the date of the passage of such act, in the absence of an express provision therein, and not from the date of her hus band's death. Widow of Francis Taylor (Sec. Harlan), 6 L. B. P., 50.

Where a special act fixes the date of commencement of pension thereunder, section 6 of the act of July 27, 1868, has no application, as under the settled construction said section merely extends the period prescribed by former laws within which the pension claim should be filed. Widow of Horace N. Harrison (Sec. Cox), 6 L. B. P., 529.

Where a special act does not designate the date when pension should commence, it can not be allowed prior to the pas sage of the act. Mother of George W. Winans (Sec. Delano), 8 L. B. P., 387.

Where a special act fixes no date for commencement of pension thereunder, pension should commence from the date of approval of such act and not from discharge of the pensioner. Joseph B. Rodden (Actg. Sec. Cowen), 3 P. D. (0. s.), 64.

Where the special act does not fix the date of commencement of pension, it will commence from the date of the act, under section 4720, Revised Statutes. Peter K. Morgan (Sec. Schurz), 8 P. D. (o. s.), 35.

As the special act under which this claimant is pensioned provides that his name shall be placed on the pension roll subject to the provisions of the pension laws the same "as though he had been regularly mustered into the United States Army," his service having been as a confidential scout and guide, as stated in said act, section 4720 Revised Statutes, does not apply thereto, and pension thereunder should commence from

9. Under special act-Continued.

the date his military service ceased, which should be determined, if the records fail to show it, by proof furnished by him. William J. Lee (Actg. Sec. Joslyn), 15 P. D. (o. s.), 280.

When claimant obtains relief by special act of Congress the payment must begin at the date of passage and approval of the act, unless the act itself specify some other date, and all arrears are cut off. Alvin Walker (Asst. Sec. Hawkins), 1 P. D., 143.

When pension is granted by special act and no date of commencement is specified in the act, it should commence from the date of passage of the act, under the law and the decisions of the Department. Citing section 4720, Revised Statutes, and acts of June 6, 1874, and July 25, 1882; also Alvin Walker, 1 P. D., 143; Edwin E. Tucker, ibid., 1; James Long, ibid., 423; James H. Young, ib., 445. Widow of John E. Allen (Asst. Sec.

Hawkins), 2 P. D., 262.

The case of a widow's pension granted by special act is not affected by the provisions of the act approved June 7, 1888. Ibid.

Claimant, a captain's clerk, having been dropped from the rolls on the ground that he was not an officer or enlisted man within the meaning of the act of January 29, 1887, under which he was pensioned, was restored to the roll by a special act which provided restoration should take effect from and after passage of said special act: Held, Dropping from the rolls was erroneous under Richard H. Sinton decision, 2 P. D., 320, and had pensioner not applied to Congress for relief he would be entitled to restoration from the date at which payment of pension had been suspended; but having sought Congressional instead of departmental (by appeal) relief, he must abide by the enactment providing that pension shall be restored only from date of passage of special act. Lachlan L. McIntosh (Asst.

Sec. Hawkins), 2 P. D., 366.

As the special act under which this claimant is pensioned does not fix the date of commencement of the pension, it can commence only from the date of passage of the act, under section 4720, Revised Statutes. George Ziefle (Asst. Sec. Bussey), 4 P. D., 14.

Commencement of pension under a special act which makes no provision as to commencement must be from date of passage of such act; but if a claim under the general law be proved, pension thereunder may be allowed upon surrender of certificate issued pursuant to such act. Citing Ollie M. French, 3 P. D., 94; T. Miller Raub, ibid., 206. Thomas Stroder (Asst. Sec. Bussey), 4 P. D., 242.

9. Under special act-Continued.

The acts of January 25 and March 3, 1879, have no application to commencement of pension under a special act, passed in 1873, which provided pension thereunder should commence from the date of its passage. Adhering to former decisions herein, 8 P. D. (o. s.), 288, 483. Robert H. Brown (Asst. Sec. Bussey), 4 P. D., 305.

10. On account of a new disability.

A claim on account of a new disability (alleged to have existed at the time the original claim was filed), filed subsequent to the five-year limitation period, within which the original claim was filed, can not be brought under the original claim so as to secure arrears of pension. Louis Soistman (Actg. Sec. Cowen), 8 L. B. P., 238.

When an application for invalid pension was filed prior to July 1, 1880, and a supplemental one on account of another or a new disability was filed subsequent to that date, the pension, if allowed on account of the new disability, must commence from the date of filing the declaration therefor. John Current (Sec. Kirkwood), 8 P. D. (o. s.), 497.

11. Reduction.

Where a reduction of pension is deemed proper on account of decrease of disability it is the practice not to commence the reduced rate prior to the date of the certificate of a surgeon or board of surgeons showing such decrease. William B. Walton (Asst. Sec. Reynolds), 8 P. D., 19.

12. Dependent father's pension.

Pension to father commences from date of death of mother. The acts of January 25 and March 3, 1879, do not authorize the payment to the father of any portion of the pension to which the mother would have been entitled had she survived. William McMillan (Sec. Schurz), 6 P. D. (o. s.), 172.

All pensions granted to dependent parents under the first section of the act of June 27, 1890, should commence from the date of filing the application under said act. Timothy L. Carley (Asst. Sec. Reynolds), 7 P. D., 12.

13. Widow's pension.

The pension of the widow of a deceased soldier or officer does not take effect from the date of his discharge, but from the date of his death. This is the settled construction of the laws. Instructions (Sec. Cox), 6 L. B. P., 512.

13. Widow's pension--Continued.

The commencement of widow's pension whose claim was filed subsequent to July 1, 1880, is limited to the date of filing the declaration therefor. Mary J. Leffingwell (Asst. Sec. Hawkins), 1 P. D., 280; Mary E. Coder, as widow of Frank Kelly (Actg. Sec. Muldrow), ibid., 205.

Pensions granted to widows or minor children under the third section of the act of June 27, 1890, should commence from the date of the application therefor, after the passage of the act and after the death of the soldier; and in case of a minor, after the death or remarriage of the widow. Timothy L. Carley (Asst. Sec. Reynolds), 7 P. D., 12.

14. Minor's pension-act of June 27, 1890.

Where an application is filed under the act of June 27, 1890, in behalf of a minor child, by one assuming to act as guardian, upon appointment as such by a court of competent jurisdiction, and such appointment is not completed in accordance with the existing local law, or for other reasons is invalid, and another person becomes the duly qualified guardian and files a like application, the pension, when allowed, shall commence from the date of filing the first application. Minors of Henry Sander (Asst. Sec. Reynolds), 7 P. D., 324.

A minor's pension under the act of June 27, 1890, granted by reason of the remarriage of widow, should commence from date of filing of the minor's application. (Case of Timothy L. Carley, 7 P. D., 12.) Minor of Ernst Rieckhoff (Asst. Sec. Reynolds), 8 P. D., 324.

Pensions granted to minor children of soldiers under the provisions of section 3, act of June 27, 1890, commence from the date of filing the application therefor in the Bureau of Pensions after the passage of said act, the death of the soldier, and the death or remarriage of the widow of the soldier. (Carley's appeal, 7 P. D., 12.) Mary E. Bromoel, minor (Asst. Sec. Reynolds), 8 P. D.,

Under act of June 27, 1890, all pensions commence from date of filing claim. Minors deriving their original title from death of the parent, and secondary or dependent title from death or remarriage of the widow, are bound by the same rule, and can receive pension under this act only from date of filing claim therefor. Minor of George W. Good (Asst. Sec. Reynolds), 8 P. D.,

See also ARREARS; CONSTRUCTION OF LAWS; DECLARATIONS; GUARDIANS; INCREASE; INDIAN WARS; LIMITATION; MEXICAN WAR; PRACTICE; REDUCTION; RESTORATION; SPECIAL ACT; WAR OF 1812; WAR OF THE REBELLION.