9. Evidence and proof-Continued.

Where a pathological relation between the death cause and the pensioned disability is alleged as the basis of claim, the claimant is not required to establish such relation by absolute proof, but there must appear some tangible, direct evidence on which to base at least a reasonable presumption that the pensioned disability actually produced the disease causing death. Widow of Job Foster (Asst. Sec. Bussey), 3 P. D., 35.

The diagnosis made and the opinion expressed by the surgeons who attended and treated the soldier in his last illness are accepted in preference to the theory of the medical referee as conclusive evidence showing the cause of the soldier's death. Widow of Charles F. Brown (Asst. Sec. Bussey), 3 P. D., 92. See also SUBTITLE 12.

10. Medical referee's opinion, function and force of

Where soldier, who was pensioned for gunshot wound of right shoulder, dies of blood poisoning, heart disease, and dropsy, which the medical referee says were not sequela of said wound, his opinion will be allowed to govern. Mary 0. Hall (Asst. Sec. Hawkins), 1 P. D., 180.

This case is decided on the opinion of the medical referee, who holds that soldier's death from gangrene was more probably due to injuries inflicted by a vicious bull just prior to death, than to gunshot wound, contusion of right hip or right gluteal region, received twenty years before. Ruth C. Adney (Asst. Sec. Hawkins), 1 P. D., 416.

The Department accepts the opinion of the medical referee holding that soldier's death was caused by disease of heart and asthma, which were not pathological sequences of hernia for which pensioned, as the question is a pathological one. Mary E. Clifford (Asst. Sec. Hawkins), 1 P. D., 447.

Whether the death cause of a soldier is properly ascribable to his pensioned disabilities is a purely medical question, in the determination of which the opinion of the medical referee is accepted as generally conclusive when based on the results of medical examinations. Citing Lucinda Gaskell, 1 P. D., 29; Patrick Preston, ib., 41; John Douglass, ib., 52; William H. Garrison, ib., 262; Joseph F. Faulkner, ib., 292; Uriah W. Romine, ib., 299. Widow of Daniel L. Sprong (Asst. Sec. Hawkins), 2 P. D., 107.

The Department has universally held that on all questions purely of pathological sequence, as of cause of death, the opinion of the medical referee will govern, in the absence of evidence showing mistake or error on his part. Widow of George F. Spilman (Asst. Sec. Hawkins), 2 P. D., 133.

10. Medical referee's opinion, function and force of-Cont'd.

The cause of death presents a purely medical question, in deciding which question it is the settled practice of the Department to be guided by the opinion of the medical referee. Citing Lucinda Gaskell, 1 P. D., 29; Patrick Preston, ib., 41; John Douglass, ib., 52; William H. Garrison, ib., 262; Joseph F. Faulkner, ib., 292; Uriah W. Romine, ib., 299; Levi Reeves, 2 P. D., 177. Widow of John L. Wright (Asst. Sec. Hawkins), 2 P. 253.

The opinion of the medical referee, based upon all the evidence in the case, will be held conclusive as to the pathological relation of the soldier's death cause and his military service. Citing Joseph F. Faulkner, 1 P. D., 292. Minors of Julius F. Mabe (Asst. Sec. Hawkins), 2 P. D., 381.

11. Intemperance, effect of.

Death of soldier of disease contracted in service, and aggravated by the habitual use of intoxicating liquors, does not entitle the widow to the benefits of the general pension law. Abby A. Johnson (Sec. Delano), 2 P. D. (o. s.), 462.

12. Illustrative cases as to sequence and evidence.

Soldier was pensioned on account of wound of left lung, and died from pneumonia, or, as stated by physician, "inflammation of the right lung:" Held, That there was no relation between the death cause and the wound, and that rejection of minor's claim was proper. John W. Ratliff (Sec. Schurz), 6 P. D. (0. s.), 198.

Where soldier was pensioned for disability resulting from wound of left thigh and died from cholera, as shown by the record of the health office, the widow's application, based upon the ground that the weakness resulting from the wound caused death, is not sustained, and is not susceptible of such proof as would warrant allowance of her claim. Widow of John Matz (Sec. Schurz), 6 P. D. (o. s.), 349.

Where soldier made application for pension on account of derangement of the stomach and diarrhea, and died before its allowance from pneumonia, it is held that the fatal disease from which the soldier died is not shown to have originated in the service. Mary M. Wright (Sec. Schurz), 6 P. D. (o. s.), 405,

Where claim of widow for pension is based upon the ground that the soldier died of disease of brain resulting from gunshot wound of foot, the point being one of pathological sequence, and there appearing from the facts presented no element for an intelligent opinion on account of the improbability of the proposition, rejection was proper. Widow of Gottlieb C. Schafer (Sec. Schurz), 6 P. D. (o. s.), 430.

12. Illustrative cases as to sequence and evidence—Continued. Where soldier was pensioned on account of amputation of leg above the ankle, and subsequently died of apoplexy, and widow's application was based upon the ground that the fatal disease resulted from amputation, which was supported by the opinion of the attending physician: Held, That the connection is not susceptible of such proof as would warrant allowance of claim. Widow of John H. Smith (Sec. Schurz), 7 P. D.

(0. s.), 247.

Soldier was employed, subsequent to service, as a fireman on a tugboat. When last seen, he was sitting on the boat in a position where a slight movement would have caused him to lose his balance and fall overboard: Held, Death can not be attributed to epilepsy, alleged as of service origin. Widow of George W. Lewis (Asst. Sec. Hawkins), 2 P. D., 334.

See also LINE OF DUTY; MEDICAL REFEREE; ORIGIN; RETIRED OFFICERS; SEQUENCE.

DECLARATIONS.

1. Application and declaration compared.

2. When declaration is filed after declarant's death.

3. Execution of--unverified papers.

(a) Requisites in execution, generally.

(b) Execution of before certain officers.
(c) Execution of before claimant's attorney.

(d) Amendments in executions.

(e) Identifying witnesses.

4. Sufficiency of, generally.

(a) Widow's claim under the general law.

5. Amendatory and supplementary declarations.
(a) Illustrative cases as to amendments.

6. Increase declarations-attorneys.

7. Under act of June 27, 1890, generally.

(a) Informal declaration.

(b) Execution prior to passage of act.

(c) By guardian.

(d) Sufficiency of, generally.

(e) Decisions subsequent to act of March 6, 1896.

(f) Sufficiency as to allegation of service.

(g) Affidarits, when sufficient.

(h) Senility as a disabling cause.

(i) Amendatory declarations.

(j) New declarations, when required.
(k) Increase.

(1) Under section 3.

8. Under act of January 29, 1887.

9. Under act of July 27, 1892.

10. Under special act.

11. Lost declarations.

1. Application and declaration compared

The words "application" and "declaration," where they occur without qualification in the statutes, mean one and the same thing. An application for pension is a declaration setting forth the grounds upon which pension is claimed. Charles C. Wilson (Asst. Sec. Bussey), 3 P. D., 128.

2. When declaration is filed after declarant's death.

A declaration executed prior but not filed until subsequent to the claimant's death can not be considered a claim pending at the date of his death, under the opinion of the AttorneyGeneral in Mary E. Lord, October 13, 1879. Widow of Talbot Dale (Sec. Kirkwood), 8 P. D. (o. s.), 152.

See also COMMENCEMENT.

3. Execution of-unverified papers.

Under the holding of the Attorney-General of May 10, 1882, that under section 4718, Revised Statutes, a declaration is suf ficient to exempt a claim from the limitation of the act of March 3, 1879, if taken before any officer duly authorized to administer oaths for general purposes, a mere letter, unverified, is not sufficient to entitle to arrears under said act a claimant who filed no formal application until subsequent to July 1, 1880. Pardon B. Lamoreux (Sec. Teller), 9 P. D. (0. s.), 355.

An application in the form of a letter is not a sufficient declaration, under section 4714, Revised Statutes, to exempt a claim from the limitation fixed by the act of March 3, 1879. George C. Smith (Asst. Sec. Hawkins), 1 P. D., 69.

An unsworn application for rerating or reissue should not be submitted for adjudication as a valid claim. Widow of Rowland M. Jones (Asst. Sec. Hawkins), 1 P. D., 162,

A declaration must be made under oath before some officer authorized to administer oaths for that purpose. A paper not sworn to is not a legal declaration, and hence not an application. Charles C. Wilson (Asst. Sec. Bussey), 3 P. D., 128.

The necessity of the claimant's signature to a declaration is based upon sound practice, and absence of the signature makes such declaration informal. R. C. Carden (Asst. Sec. Reynolds), 8 P. D., 330.

(a) Requisites in execution, generally.

Declarations of pension claimants must be made before a court of record or before some officer thereof having custody of its seal. Atty. Gen. Brewster, 17 Op., 510.

Declarations for original pensions must be executed as prescribed by section 4714, Revised Statutes, and the return of original papers for correction is prohibited. John Brown (Actg. Sec. Bell), 4 P. D. (o. s.), 178.

3. Execution of-Continued.

(a) Requisites in execution, generally-Continued.

The proviso of section 4714, Revised Statutes, has now no effect whatever, the section to which it referred (4709, Revised Statutes) having been repealed, and does not confer the right to accept a declaration, made before an officer duly authorized to administer oaths for general purposes, to exempt a claim from limitation as to date of filing prescribed by the act of March 3, 1879, but the office is precluded from recognizing as valid under said act any declaration not taken before a court of record or some officer thereof having custody of its seal. Amos Burton (Sec. Kirkwood), 8 P. D. (o. s.), 494.

The opinion of the Attorney-General dated May 10, 1882, taking the ground that the proviso of section 4714, Revised Statutes, relating to execution of declarations, has the same effect with respect to the second section of the act of March 3, 1879, that it had with respect to section 4709, Revised Statutes, has been adopted by this Department. s. c. (Sec. Teller), 9 P. D. (0. s.), 239.

There is no authority for accepting as sufficient to entitle the applicant to arrears under the act of March 3, 1879, a declaration not executed before an officer authorized to administer oaths for general purposes. Richard P. Herman (Sec. Teller), 13 P. D. (0. s.), 258.

A declaration not executed before some person authorized to administer oaths in pension cases is void, and does not authorize a pension subsequently granted on a valid declaration to commence from the date of filing such void declaration. Hannah J. Patterson, widow (Asst. Sec. Reynolds), 7 P. D., 450. See COMMENCEMENT.

(b) Execution of before certain officers.

A declaration, filed in 1869, executed before a notary public not designated by the Commissioner of Pensions to execute declarations, nor residing 25 miles from a court of record, is invalid, and on the death of the applicant before filing a valid declaration gives his widow no title to accrued pension. James Horton (Sec. Schurz), 7 P. D. (o. s.), 51.

The office of recorder of deeds in Pennsylvania, which was created by act of assembly May 28, 1715, is not a court of record within the meaning of section 4714, Revised Statutes, and a declaration executed before such recorder of deeds is invalid under said section. Henry Kenster; Elias B. Lynn (Sec. Kirkwood), 9. P. D. (o. s.), 35.

Under a declaration for invalid pension executed before an officer authorized to administer oaths for general purposes, a