5. Mothers-Continued.

(c) Remarriage-act of June 27, 1890-Continued.

status or title to pension on his account under section 4707, Revised Statutes. Sarah N. Chase, mother (Asst. Sec. Reynolds), 7 P. D., 543.

Section 4707, Revised Statutes, is only modified by the first section of the act of June 27, 1890, to the extent of substituting present dependence in place of dependence at date of soldier's death, and such mother's remarriage prior to the passage of said act is no bar to pension thereunder. Mary Kille, mother (Asst. Sec. Reynolds), 7 P. D., 550.

(d) Adulterous cohabitation.

Where a mother at the date of her son's death had, without just cause, deserted her husband, who was able to support her, and was living in adultery, she is not dependent. Jane Ingerick (Asst. Sec. Hawkins), 1 P. D., 394.

While the birth of claimant's illegitimate child prior to her son's enlistment (which was prior to 1882) would not in itself deprive her of pension under the law, yet it stamps her subsequent residence and continuous association with the father of said child with an indelible stain of immorality, making the presumption conclusive and irresistible that such association was one of "open and notorious adulterous cohabitation," and their relation that of mistress and paramour, which precludes the idea of her dependence at the same time upon said son. Her pension was properly withdrawn, and restoration properly refused. Mother of Charles Knappenberger (Asst. Sec. Hawkins), 2 P. D., 56.

In a claim for pension under the general law by a mother, the fact being shown that she was living as a mistress at the time of the soldier's death is sufficient for rebutting an assump. tion of dependence, based upon proof of absence of means of support other than those mentioned in section 4707, Revised Statutes, and proof that by "actual contributions or in any other way the son had recognized an obligation to aid in support of his mother." Ruling No. 105 is affirmed. Caroline Knappenberger (3 P. D., 263) is affirmed in part. Elizabeth Van Huff, mother (Asst. Sec. Reynolds), 7 P. D., 474.

(e) Slave mothers.

Under section 4723, Revised Statutes, the mother of a colored soldier is pensionable the same as the mother of a white, soldier, notwithstanding the fact she may have been a slave at the time of her son's death, if she prove such dependence on said son as would entitle her if she were a white person. Mother of Robert Bryant (Sec. Chandler), 3 P. D. (o. s.), 69.

5. Mothers-Continued.

(e) Slave mothers-Continued.

Claimant was a slave at the date of her son's enlistment, and remained with and was supported by her master until the close of the civil war and after her son's death, and said son never contributed to her support. It is held that she was not dependent on her son for support under section 4707, Revised Statutes. Citing with approval Margareta Neher (2 P. D., 347). Eliza Hughes (Asst. Sec. Bussey), 3 P. D., 21.

In defining a mother's pensionable dependence, the law (section 4707, Revised Statutes), makes no discrimination between races, whether white and free, or black and slave; nor does it contain any expression that would warrant the inference that the "labor" of a slave, due by reason of law to his master, may be construed as a "contribution" to the support of his mother, also a slave, and supported by her master. Mother of Henry Small (Asst. Sec. Bussey), 3 P. D., 62.

At the date of soldier's enlistment and death, both he and claimant were, in law, slaves in Kentucky; and the proceeds of his labor, as well as hers, legally belonged to their master, who was legally bound for their support, and under the decision in the case of Elizabeth Small (3 P. D., 62), claimant was not dependent on her said son for support within the meaning of section 4707, Revised Statutes. Ruth Jones (Asst. Sec. Bussey), 3 P. D., 279.

It appearing that this appellant was, at the date of the death of her son, the deceased soldier (February 25, 1864), a slave, residing upon the plantation of her owner and master in the State of Mississippi, and being maintained and supported by him as such, and that the deceased soldier never in any manner aided in her support, or contributed thereto, she was not dependent upon her said son for support within the meaning and intent of the provisions of section 4707, Revised Statutes, and has no title to pension thereunder. Harriet Tinnin (Asst. Sec. Reynolds), 8 P. D., 218.

The proclamation of President Lincoln of January 1, 1863, known as the emancipation proclamation, was effective only as a "war measure," and did not ipso facto, and by mere force of its own terms, set free or change the legal status of persons held in slavery in the States, or parts of States, therein desig nated, but operated to give freedom to such persons only when it was enforced by the armed forces of the United States, and by the subjugation of the territory where they resided and its subjugation to the military power and authority of the Federal

5. Mothers—Continued.

(e) Slave mothers-Continued.

Government. Dana's Wheaton's International Law, 444; Lawrence's Wheaton on International Law, 579-617; Story on Constitution (4th ed.) sec. 1923; 7 Wall., 700; 105 U. S., 132; 39 Ala., 706; 42 Ala., 601; 12 Fla., 472; 24 Ark., 326. Ibid.

6. Fathers—generally.

Congress evidently intended to provide for the father only in case his necessitous circumstances were such as to require for his support the aid of his son, and such aid was actually furnished. Father of Martin W. B. Ellegood (Sec. Cox), 7 L. B. P., 60.

A dependent father's pension should be withheld during the period he is in employment at an annual salary of $750. Ibid.

To entitle a soldier's father as a dependent it must be shown that at the soldier's death the father had no adequate means of support other than the soldier's contributions or those of another person not legally bound to aid in his support, and that he was unable to derive from his own actual or possible labor sufficient income to furnish him means of support. David Rees (Asst. Sec. Muldrow), 2 P. D., 307.

In a claim of a father for pension it must be shown that he was legally married to the mother of the son on whose account the claim is made. Section 4705, Revised Statutes, does not apply to marriages of parents of a soldier. Henry Walden, father of James Hubbard (Asst. Sec. Reynolds), 8 P. D., –

(a) Remarriage.

The remarriage of a father does not forfeit his right to pension. Father of George W. Frazier (Sec. Delano), 8 L. B. P.,

154.

7. Sisters and brothers-generally.

An alleged dependent sister is required by the law to prove, first, orphanage; second, pensionable minority, and third, dependence for support upon the deceased soldier. Georgiana V. Colder, sister; Leander K. Williams, father (Asst. Sec. Bussey), 5 P. D., 18.

Claimant's title to a dependent sister's pension does not depend upon the validity of the marriage of the parents of claimant and her brother. Priscilla J. Cotton (Asst. Sec. Reynolds), S P. D., 18.

8. Act of June 27, 1890.

Under said act a parent must prove (1) death of son by reason of a wound, injury, or disease, which under prior laws would have entitled him to pension; (2) that no widow or minor child survived him; (3) that the parent is at present dependent on her or his own manual labor, being without other present means of support than their own manual labor, or the contributions of others not legally bound for their support. Communication (Asst. Sec. Bussey), 4 P. D., 225.

The first section of the act approved June 27, 1890, confers pension for present dependence of the parent, and the pension thereby granted must begin from the date of filing the claim under said act. Ann E. Stratton (Asst. Sec. Bussey), 5 P. D., 415.

Where a claimant for pension as dependent father under the act of June 27, 1890, is shown not to be in need of any support, but, on the contrary, is enabled by his own manual labor to earn more than is necessary to an adequate support, it is held that he is not pensionable. James A. Hayes, father (Asst. Sec. Reynolds), 7 P. D., 190.

Section 1 of the act of June 27, 1890, stands in pari materia to other existing laws, and all must be considered together. Said section is remedial in character, modifies the rule as to evidence, and permits the pensioning of those who can establish dependence at the date of filing the application instead of at the date of the soldier's death, but the conditions attaching to dependence itself are not changed. Ibid.

Where the father and the mother of the soldier are without property, and the father is unable to support the family, the mother is dependent within the meaning of the act of June 27, 1890. Sally Wood, mother (Asst. Sec. Reynolds), 7 P. D., 336.

A mother who is 75 years old, and whose sole means of sup port are $1,130, yielding an income of $72.80 per year, is dependent within the meaning of section 4707 Revised Statutes, and section 1, act of June 27, 1890. Melcenia E. Gloyd, mother (Asst. Sec. Reynolds), 7 P. D., 413.

Section 1 of the act of June 27, 1890, must be construed in connection with section 4707, Revised Statutes, and the words "other present means of support" are held to mean "other present means of an adequate support." Josina Kring, mother (Asst. Sec. Reynolds), 7 P. D., 420.

A mother who (so far as her property and interests are con cerned, and her ability to get a support without the contributions of others not legally bound to aid her) is virtually

8. Act of June 27, 1890-Continued.

without means and wholly dependent is pensionable under said act, notwithstanding that a son, not legally bound to aid in her support, does furnish her a comfortable support. Ibid.

The father of a deceased soldier has no pensionable status under the provisions of the act of June 27, 1890, during the lifetime of such soldier's mother. Jason W. Cleveland, father (Asst. Sec. Reynolds), 7 P. D., 542.

Section 4707 is only modified by the first section of the act of June 27, 1890, to the extent of substituting present dependence in place of dependence at date of soldier's death. Mary Kille, mother (Asst. Sec. Reynolds), 7 P. D., 550.

9. Illustrative cases in mothers' claims.

Mother

An annual income of $167.46 does not constitute an independence barring right to pension in a mother's case. of Alpheus Wilson (Sec. Browning), 6 L. B. P., 448.

Where a dependent mother has an annual income of $540 from railroad bonds valued at $9,000, is 72 years of age, has two unmarried daughters depending upon her for support, and is incapacitated by the infirmities of age from assisting in her support, being in fact partially dependent upon others therefor, and being in a large city where living expenses are great, she is dependent within the meaning of the law. Mother of Jones Pile (Sec. Delano), 1 P. D. (0. s.), 437.

It being clearly shown that the claimant's busband has been, since long before the rebellion, physically incapacitated from obtaining a subsistence by manual labor, and has secured a bare living only with the aid, sometimes, of his wife, by keeping a hotel or boarding house, and at different periods as a doorkeeper in the legislature and as keeper in the poorhouse, and that the son sent his mother, while he was in service, over $600 in sixteen months, it is held the mother's pensionable dependence is proven. Mother of George W. Rector (Sec. Chandler), 3 P. D. (0. s.), 325.

Where claimant, the mother of soldier, prior to son's death, and subsequent thereto, had a home and an average annual income of more than $300, hers was not a case of dependence, and should be rejected. Mother of Thomas Tennant (Actg. Sec. Bell), 5 P. D. (o. s.), 289.

Father's claim was properly rejected upon facts presented showing that at date of son's death claimant was not disqualified for earning a support by his own manual labor, except so far as his habits of intemperance interfered therewith. David R. Fuller (Sec. Schurz), 6 P. D. (o. s.), 231.