7. Is no bar to pension under act of June 27, 1890-Cont'd. (a) Contra-Continued.

under sections 4692, 4693, 4702, 4705, and 4707, Revised Statutes. George W. Coffey, 4 P. D., 285, and Daniel B. Garrison, 6 P. D., 289, overruled. Job White (Asst. Sec. Reynolds), 7 P. D., 312.

The widow of a soldier or sailor whose husband voluntarily served in the Confederate army or navy, either prior or subsequent to his service in the Army or Navy of the United States, is, by reason of the inhibition of section 4716, Revised Statutes, not entitled to a pension under the act of June 27, 1890. Sarah H. Ozborn (Asst. Sec. Reynolds), 7 P. D., 317.

Where the record shows that a claimant voluntarily engaged in or aided and abetted the rebellion, his claim, under the act of June 27, 1890, should be rejected under section 4716, Revised Statutes. Augustus H. Longee (Asst. Sec. Reynolds), 7 P. D., 586.

8. Commissioner's circular of June 10, 1865.

The Commissioner's circular of June 10, 1865, directing that all pensioners residing in the rebellious States bedropped from the rolls, was not authorized by the act of February 4, 1862, nor by any other law, and was nugatory, and all pensioners who were dropped under said order should be regarded as being pensioners during the whole time payment to them was suspended, except those stricken from the rolls on proof of disloyalty within the meaning of said act; and the widow of a pensioner who, at the time of his death, stood suspended under said order, may, on proof of loyalty, receive the accrued pension due him from the date of last payment to the date of his death. Overruling Ann B. Johnson; citing 11 Op. of Attorney-General, 442. Widow of Fernando Fellanny (Sec. Delano),

1 P. D. (o. s.), 429.

9. As affecting payment.

Pension money should not be paid to those who were loyal for the benefit of those who were disloyal during the late rebellion; but it may be paid through the hands of those who were disloyal for the benefit of those who were loyal. Minor of Charles Deas (Sec. Browning), 6 L. B. P., 209.

See BOUNTY LAND; RESTORATION; SUSPENSION.

See DISCHARGE.

DISMISSAL.

DISPATCH BEARER.

See BOUNTY LAND (Service).

DISPATCH BOAT.

See WAR VESSELS.

DIVERSION OF PENSION.

See ABANDONMENT; ADDITIONAL PENSION.

DIVISION OF PENSION.

See ADDITIONAL PENSION.

DIVORCE.

1. Agreement to separate, not a legal divorce.

2. Decree of dissolution, not one of nullity.
3. Decree to take effect on payment of costs.
4. Evidence of.

5. Divorced wife, status of.

1. Agreement to separate, not a legal divorce.

A mutual agreement, duly witnessed, between a husband and wife to separate, and that their marriage relations shall be dissolved, is not a legal divorce from their marriage. Widow of William Strong (Asst. Sec. Bussey), 6 P. D., 90.

2. Decree of dissolution, not one of nullity.

Where pensioner remarried and subsequently a decree was made that "the marriage is dissolved," and not, as alleged, "to be null and void ab initio:" Held, That the proof was not sufficient to declare the marriage null and void, and the action of the office in refusing to restore claimant's name to the roll was proper. Lydia Dorr (Sec. Schurz), 4 P. D. (o. s.), 459.

3. Decree to take effect on payment of costs.

A decree of divorce which states that said decree is to take effect upon the payment by the plaintiff of all costs of the proceeding is good, though the costs are never paid, said condition injected into the decree in regard to the payment of costs being mere surplusage. Mary J. Poorbaugh (Asst. Sec. Reynolds), 8 P. D., 189.

4. Evidence of.

Other than record evidence of a divorce is admissible; and where a husband (soldier) and wife had separated by consent,

4. Evidence of—Continued.

he leaving with a declared intent of procuring a divorce, and afterwards wrote his and her friends he had procured a divorce; both he and she remarried thereafter, and neither remarriage was questioned during the soldier's lifetime; a divorce, prior to such remarriage, from the soldier's first wife, and the consequent validity of his second marriage, should be presumed. Widow of John M. Rich (Asst. Sec. Bussey), 4 P. D., 234.

5. Divorced wife, status of.

A divorced wife has no title to pension on account of the death of her divorced husband. Mary C. Stacey (Asst. Sec. Hawkins), 1 P. D., 435.

See also EVIDENCE; FRAUD AND MISTAKE; JURISDICTION; MARRIAGE; REMARRIAGE; TITLE

DOUBLE PENSION.

As determined by the Attorney-General, two pensions at the same time can not be allowed to the same individual; but where a widow was pensioned under one law and has title also to pension under another and prior law, the latter pension may be allowed, deducting payments made to her under the other law. Catherine Hartshorn (Sec. Porter), Pension Laws, etc.

(1849), 124.

As this pensioner drew double pension without any fraudulent intent, being ignorant that such was not lawful, it is held that, in accordance with the spirit of the pension laws and the circumstances of this case, pension should be continued. Widow of David and mother of John C. Quigley (Actg. Sec. Joslyn), 10 P. D. (o. s.), 282.

Rates of pension which should be allowed General Burnett under the general laws of March 3, 1873, June 18, 1874, and June 16, 1880, and under the special act of March 3, 1879, stated; and advised that two pension certificates be issued— one under the general law of June 16, 1880, the other under the special act of March 3, 1879. Atty. Gen. Brewster, 17 Op., 401.

Allowance of pension under the act of June 27, 1890, operates to terminate pension under the general law. Francis Keenan (Asst. Sec. Reynolds), 7 P. D., 52,

See also ELECTION; REIMBURSEMENT,

See SERVICE.

DRAFTED MEN.

DROPPING FROM ROLLS.

If a pensioner under the act of March 18, 1818, no longer needs the pension for his support, he may at any time be dropped from the roll. Atty. Gen. Taney, 2 Op, 502.

Where, in pending claim for increase, evidence is elicited by special investigation that the disability for which pensioned existed prior to enlistment, claim for increase should be rejected and name of pensioner dropped from the rolls. David Claver (Sec. Schurz), 6 P. D. (o. s.), 422.

In case where pensioner has disease (such as rheumatism) which may be recurrent in its appearance and where a considerable period may elapse when the symptoms do not appear, it is not proper to drop name from roll, and in the case of an original application the converse of this proposition is true. Robert P. Walker (Sec. Schurz), 7 P. D. (o. s.), 286.

See also COMMENCEMENT (Special Act); SUSPENSION.

2. Between general law and special act.

(a) Acceptance under special act estops from claiming under general law. (b) Such acceptance does not estop.

(c) But a pensioner under special act may not receive additional pension.

3. Between general law and act of June 27, 1890.

4. Between invalid and dependent pensions.

5. By a mother, between pensions on account of two sons.

6. Reelectior.

7. Waiver.

8. Notice.

1. Generally.

As the act of July 14, 1862, is more liberal in its provisions than the provisions of the law under which this claimant is pensioned, she may surrender her present certificate and receive a new one under the provisions of said act, but may not be allowed two pensions at the same time. Mother of Daniel R. Stickney (Sec. Harlan), 6 L. B. P., 20.

2. Between general law and special act.

Where a pensioner was entitled to though not actually receiving a pension of $50 per month under a general law, and while so entitled a special act was passed giving him another pension: Held, That his right under the general law did not cease or become merged in that granted by the special act. Atty. Gen. Brewster, 17 Op., 415.

In case there is a special resolution giving a person pension who is also provided for by a general act, he must elect which pension he will take. Decatur v. Paulding, 14 Pet., 497; U. S. v. Teller, 107 U. S., 64.

(a) Acceptance under special act estops from claiming under general law. A pensioner under and by virtue of a special act is precluded from pension under the general law, and does not come within the benefits of section 4715, Revised Statutes. Overruling Charles Lynch, August 28, 1873. Edwin E. Tucker (Asst. Sec. Jenks), 1 P. D., 1.

Overruled: Ollie M. French, 3 P. D., 94.

Where the soldier is pensioned under special act of Congress for certain disabilities, he can not surrender his pension under said act and in lieu thereof claim pension for the same disabilities under the general pension laws. James Long (Asst. Sec. Hawkins), 1 P. D., 423.

A pensioner under a special act is estopped, by reason of accepting such pension, from further prosecuting a prior claim under the general law. Citing Alvin Walker, 1 P. D., 143; Edwin E. Tucker, ibid., 1. Peter Adams (Asst. Sec. Hawkins), 2 P. D., 46.

Overruled: s. c., 5 P. D., 351.

The right of any pensioner to take one certificate in lieu of another, as provided in section 4715, Revised Statutes, has reference to pensioners under the general law only, and not to the exchange of a pension under a special act for a pension under the general law, in the expectation of pecuniary gain. Ibid.

A special act providing the pension thereby allowed shall "be in lieu of all other pensions" excludes the beneficiary from any and all other laws, both as to the pensioned disability and as to all other disabilities. Newton C. Ridenour (Asst. Sec. Hawkins), 2 P. D., 348.

(b) Such acceptance does not estop.

A claimant entitled to a pension under each of two different laws may elect under which law he will be pensioned. Overruling Edwin E. Tucker, 1 P. D., 1. Ollie M. French (Asst. Sec. Bussey), 3 P. D, 94.

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