2. Frequent and periodical (act of July 14, 1892).

A person who requires the aid of another person in retiring to or rising from bed, in dressing or undressing, and in attend ing to the usual calls of nature, requires such frequent and periodical personal aid and attendance as is contemplated by the act of July 14, 1892, and is entitled to a pension of $50 per month. John J. Hill (Asst. Sec. Reynolds), 7 P. D., 142.

(a) Attendance must be continuing and permanent.

Claimant, who is pensioned at $30 per month for disease of heart, alleges that he has frequent attacks occurring at irreg. ular intervals, during which he is confined to his bed and has to be nursed and waited upon by his wife: Held, That in order to give title to the rate of $50 per month under the act of July 14, 1892, the need of frequent and periodical attendance must be continuing and permanent, and not merely exist occasionally and at irregular intervals. Cyrus G. Wheaton (Asst. Sec. Reynolds), 7 P. D., 228.

(b) When insanity entitles to $50 rate.

A claimant, in a State hospital for the insane, who is unable to shave, bathe, or dress himself properly, unless under and by the personal direction of an attendant, and by reason of his mental condition is incapacitated for the performance of any manual labor, and who can not be permitted to go alone out of his ward or to walk about the grounds, except under the immediate care and watch of an attendant, requires such frequent and periodical aid and attendance as is contemplated by the act of July 14, 1892, so as to be entitled to a pension at the rate of $50 a month. Thomas L. Hurst (Asst. Sec. Reynolds), 7 P. D., 583.

(c) Question is not wholly medical.

The question as to whether claimant requires frequent and periodical personal aid and attendance is not wholly a medical one. John J. Hill (Asst. Sec. Reynolds), 7 P. D., 142.

See also INCREASE.

AID-DE-CAMP.

See SERVICE (War of 1812).

ALIENS.

See ATTORNEYS; CITIZENSHIP; NONRESIDENTS.

ALLEGATIONS.

See DECLARATIONS.

ALLEGIANCE.

Oath of, requisite under act of February 14, 1871.

A claimant for pension under the act of February 14, 1871, as a soldier of the war of 1812, must file an oath of allegiance, and it is not sufficient merely that his loyalty be proven. Richard Robinson (Sec. Delano), 1 P. D. (o. s.), 137.

Oath not required after December 1, 1873.

The oath of allegiance required by the act of February 14, 1871, was no longer essential after December 1, 1873, the date the statute repealing said requirement took effect. Joshua Webster (Sec. Delano, 3 P. D. (o. s.), 1.

AMENDMENTS.

See ATTORNEYS; DECLARATIONS.

AMPUTATIONS.

1. Act of March 3, 1883-amputation below the shoulder joint.

2. Act of August 4, 1886-amputation at middle of bone.

(a) At the elbow.

(b) Below the elbow.

(c) Below the hip joint.

(d) At the knee.

(e) Below the knee.

(f) When amputation entitles to $36 rating.

3. Amputation at hip joint (act of March 3, 1879).

4. From nonpensionable cause.

1. Act of March 3, 1883-amputation below the shoulder joint. The act of March 3, 1883, providing increase of pension for loss of arm at the shoulder joint, does not extend to a case of amputation below the shoulder joint. Francis Green (Asst. Sec. Hawkins), 1 P. D., 35.

2. Act of August 4, 1886-amputation at middle of bone.

Where the disability consists in an amputation of the arm "seven inches from the shoulder joint to end of shaft," and "five inches from surgical neck to end of shaft," it is not ratable at $15 per month under act of August 4, 1886, the amputation being too remote from the shoulder joint. John Adams (Asst. Sec. Hawkins), 2 P. D., 63.

The middle point of the bone shall be determined in the arm by carefully measuring from the margin of the acromion process-with the arm hanging down-to the end of fragment of bone, and comparing this with the measurement of the sound arm from the acromion process to the outer condyle of humerus,

2. Act of August 4, 1886-amputation at middle of bone-Cont'd. and in the leg, by measuring from the center of prominence of greater trochanter to end of fragment, and comparing this with measurement of sound leg from the above point to the prominence of outer condyle. John W. Curran (Asst. Sec. Bussey), 5 P. D., 1; Oliver H. Petted (Asst. Sec. Bussey), ibid., 412.

The act of August 4, 1886, provides a pension of $45 per month for the loss of an arm at the shoulder joint, or so near as to prevent the use of an artificial limb. Where the ampu tation of the arm has been at or above the middle of the arm bone, it shall be considered so near the joint as to prevent the use of an artificial limb. Samuel B. Jones (Asst. Sec. Bussey), 5 P. 1., 159,

In applying the act of August 4, 1886, which provides the rate of $45 for persons who shall have lost either an arm at the shoulder joint or a leg at the hip joint, or "so near the joint as to prevent the use of an artificial limb," the Department adheres to the rule laid down by the medical referee that "an amputation at or above the middle point of the bone of leg or arm should be considered, for pensionable purposes, so near the joint as to prevent the practical and beneficial use of an arti ficial limb." Joseph Underwood (Asst. Sec. Bussey), 5 P. D., 208; Oliver H. Perted (Asst. Sec. Bussey), ibid., 412.

Where there is a discrepancy in the evidence as to the length of the stump of the amputated arm, and the condition of the stump is such that, although an artificial limb may be attached, it is of no practical use or benefit, the muscles being so atrophied that the arm can not be raised, it is held a rating of $45 under the act of August 4, 1886, is warranted. Citing John W. Curran, 5 P. D., 1; William H. McFarland, 3 P. D., 381. Edson W. Lyman (Asst. Sec. Bussey), 6 P. D., 88.

The amputation of an arm at or above the middle of the arm bone, or of a leg at or above the middle of the thigh bone, shall be considered as being so near the joint as to prevent the use of an artificial limb, entitling the pensioner to a pension of $45 per month under the act of August 4, 1886; and the rule laid down in the case of John W. Curran, 5 P. D., 1, will not be disturbed. Daniel F. Hammell (Asst. Sec. Reynolds), 7 P. D. 224.

Under the act of August 4, 1886, the rate of $45 per month is allowed only for the loss of either an arm at the shoulder joint or a leg at the hip joint, or so near the joint as to prevent the use of an artificial limb. No other condition of the arm or stump may be considered in determining title under this act, except the point of nearness of the amputation to the joint. William A. Till (Asst. Sec. Reynolds), 8 P. D., 159.

2. Act of August 4, 1886-amputation at middle of bone-Cont'd.

The middle of the humerus has been fixed as the farthest point from the shoulder joint that will prevent the use of an artificial arm. Ibid.

(a) At the elbow.

The word "elbow" in the act of August 4, 1886, was evidently used in a conventional rather than a technical sense, and therefore a line drawn around the arm at the base of the head of the radius will be held to mark the lower limit of the "elbow." Where the arm is amputated at, on, or above said line it is lost at the elbow, within the meaning of said act, and the rate of pension for the same will be $36 per month. Case of Lawrence Gates, 7 P. D., 200, cited and followed. William W. Scott (Asst. Sec. Reynolds), 7 P. D., 417.

(b) Below the elbow.

In cases of amputation below the elbow there is no authority of law to allow a pension in excess of $30 per month because of inability of the pensioner to wear an artificial arm, Gridley (Asst. Sec. Reynolds), 7 P. D., 223.

(c) Below the hip joint.

John

It was the intention of the act of August 4, 1886, no doubt, to include within its provisions all cases in which an artificial limb could not be worn, so as to be of some practical advantage, and as the stump of claimant's leg is only 6 inches long, an artificial limb only affords him a support for the body. when perpendicular; he is entitled to the rate of $45 per month. William H. McFarland (Asst. Sec. Bussey), 3 P. D., 381.

(d) At the knee.

The Department holds that under the act of August 4, 1886, it is not required that, in order to be entitled to the rate of $36 per month, the amputation of a leg shall be at the knee joint, but only "at or above the knee," so that in determining the rate due to the pensioner's disability the question to be considered is whether or not the amputation was made "at the knee," in the sense intended by the law. Wellington Glenn

(Asst. Sec. Bussey), 5 P. D., 284.

The word "knee," in the act of August 4, 1886, is used in a conventional rather than a technical sense, and covers that portion of the limb included between the upper edge of the condyles of the femur and the lower point of the attachment of the ligamentum patella to the tubercle of the tibia.

The point indicated by a line drawn around the limb immediately below the ligamentum patella, at the base of what is

2. Act of August 4, 1886-Continued.

(d) At the knee-Continued.

known as the tubercle of the tibia, marks the lower limit of the knee, and an amputation at or above that limit is an "amputation at the knee," as contemplated by the act of August 4, 1886. Lawrence Gates (Asst. Sec. Reynolds), 7 P. D., 200.

Whenever the amputation is had at, on, or above the lower limit of the knee, as herein defined, the $36 rate shall be allowed, and for an amputation below said designated point the $30 rate will be allowed. Ibid.

The reasons given in support of the decision in the Welling. ton Glenn case, 5 P. D., 284, are not deemed tenable, and said case will not be recognized as authoritative.

(e) Below the knee.

Ibid.

Under the act of August 4, 1886, the loss of the foot and lower limb, not at the kneejoint nor above the kneejoint, but at a point 3 inches below, there being fair motion of the kneejoint for locomotion, is not entitled to a higher rating than $30 per month under the act of August 4, 1886. William S. Huston (Asst. Sec. Bussey), 5 P. D., 12.

(ƒ) Where amputation entitles to $36 rating.

Under the act of August 4, 1886, a pensioner is not entitled to $36 per month on account merely of an amputated arm or leg, but only if he is "totally disabled in the same" or by reason of it. Charles W. Struble (Asst. Sec. Hawkins), 2 P. D., 14.

Where amputation of leg is just below the tubercle of tibia and condition of stump is such that an artificial limb, or other locomotive contrivance, can not be used, the leg is "totally disabled" within the meaning of the act of August 4, 1886, aud the disability is ratable at $36 per month. William H. Bell (Asst. Sec. Bussey), 4 P. D., 87.

Where amputation is below the knee and is such that an artificial limb can not be worn, there is total disability of the leg within the meaning of the act of August 4, 1886, entitling to $36 per month. Citing Wellington Glenn, 5 P. D., 284; William H. Bell, 4 P. D., 87. Henry Wheeler (Asst. Sec. Bussey), 6 P. D., 56.

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3. At the hip joint (act of March 3, 1879).

By amputation at the hip joint (in the act of March 3, 1879) is understood an amputation in which the whole of the thigh bone is removed from its socket. William Inman (Sec. Kirkwood), 9 P. D. (o. s.), 165.