FIRMS. See ATTORNEYS. FORFEITURE. Forfeiture of pay, by sentence of court-martial, does not involve forfeiture of pension. George W. Roberts (Sec. Browning), 6 L. B. P., 399. See also ADULTEROUS COHABITATION; ATTORNEYSHIP; ABANDONMENT; CITIZENSHIP; DESERTION; EVIDENCE; FEE; MINORS; REMARRIAGE. FORGERY. See AFFIDAVIT; EVIDENCE. FRAUD AND MISTAKE. 1. In procuring ṛension. 2. In procuring arrears. 3. In assignment of bounty-land warrant. 4. Mis ake of fact. 5. Fraud in procuring divorce. 6. Government may reimburse itself in case of. 7. Government may not reimburse itself except in case of. 1. In procuring pension. The issue of a pension certificate to the wrong party does not justify the Commissioner in afterwards refusing a certifi cate to the rightful party. Atty. Gen. Cushing, 8 Op., 377. 2. In procuring arrears. As pensioner, in order to obtain his arrears of pension, which covered the period of his second service, was required to and did make oath that he had not been in service since the date of commencement of said pension, such procurement of pension was an actual fraud on his part. Cyrus Pike (Asst. Sec. Hawkins), 2 P. D., 65. 3. In assignment of bounty-land warrant. The Department declines to disturb the action of the Pension Office canceling assignment of warrant, in consequence of its being surrounded with presumption of fraud, there being no proof that injustice is done to any party or parties by said action, or that anyone would have title to said warrant if restored. Martin Byrne (Sec. Schurz), 6 P. D. (o. s.), 468. 4. Mistake of fact. The act of December 21, 1893, making a pension to a certain extent a vested right, has no application to cases in which pension money is paid by mistake of fact, but applies to cases only in which the question is as to error of judgment. bald A. Rudder (Asst. Sec. Reynolds), 7 P. D., 488. Archi 5. Fraud in procuring divorce. Where a decree has been obtained by the fraud of either of the parties to the suit, or by the collusion of both, it may be impeached, even in a collateral proceeding, by a stranger to it who would be prejudiced thereby in regard to some preexist ing right were the decree given full credit and effect. A stranger to such decree is held to be a person not notified of an action nor a party thereto, and who had no opportunity or right to control the defense, introduce or cross-examine wit nesses, prosecute a writ of error, or take an appeal therein. While parties and their privies to a decree rendered by a court within its jurisdiction can not impeach it collaterally, even for fraud or collusion, but must proceed to obtain relief by appeal or some other direct method, in this case, as the Government was neither a party nor privy to said proceedings for a decree of nullity, and is directly interested as a third party in the force and effect to be given said decree as evidence, it may avoid the same on the ground that it was procured through fraud and collusion, as it is a distinct step in the prosecution of appellant's claim for restoration of pension, and said decree will not be received to invalidate the claimant's said marriage for the purpose of restoring her name to the pension rolls as the widow of said soldier. Frances H. Monholland (Asst. Sec. Reynolds), 7 P. D., 494. 6. Government may reimburse itself in case of. While prosecuting his claim for pension under the general law for disease of the left lung, claimant concealed the fact that he has been shot through said lung prior to his enlistment, which wound caused his disease of lungs. It is held that such concealment amounts to actual fraud on his part, warranting the withholding of the pension granted him under the act of June 27, 1890, to reimburse the Government for moneys paid him as pension under the general law on account of such disease of lungs. James A. Trosper (Asst. Sec. Reynolds), 8 P. D., 75. Where the claimant concealed the fact that he had epileptic fits before enlistment and introduced testimony to show that he was in sound bodily health when he entered the Army, and there was nothing in the evidence before the Pension Bureau to suggest the contrary, and pension was allowed for epilepsy, which, it was subsequently ascertained, existed before enlistment, it is held that the pension was procured by fraud, and pension due under the act of June 27, 1890, may be withheld to reimburse the Government for the amount erroneously paid. (Appeal of James A. Trosper, 8 P. D., 75.) William H. Robeson (Asst. Sec. Reynolds), 8 P. D., —. 5. Government may reimburse itself in case of-Continued. While prosecuting his claim for pension under the general law for an injury of the left hip, claimant concealed the fact that he had dislocated said hip when a boy before said enlistment, and that he was also afflicted with rheumatism of the hips before he enlisted. Such concealment is held to have amounted to actual fraud on his part in prosecuting his claim, warranting the withholding of the pension granted him under the act of June 27, 1890, to reimburse the Government for moneys paid him under the general law on account of said injury to hip. (Appeal of James A. Trosper, 8. P. D., 75.) Herman G. Pike (Asst. Sec. Reynolds), 8 P. D., 314. 7. Government may not reimburse itself except in case of. The Government can not withhold the pension granted under the act of June 27, 1890, to reimburse itself for moneys erroneously paid as pension under the general law when such pension was not procured through fraud or mistake, but was allowed as the result of an erroneous judgment on the evidence. Christian May (Asst. Sec. Reynolds), & P. D., 71. Recovery of pension, when paid upon an erroneous judg ment and not through fraud or mistake of fact, is without authority of law or the rules of practice, as interpreted by the opinion of the Assistant Attorney General (6 P. D., 297). Pension was allowed in this case under the general law, upon an erroneous judgment as to the sufficiency of evidence of the contributions of soldier, and when additional evidence was filed showing that no contributions had been made the pensioner's name was dropped from the rolls. There was no fraud on the part of pensioner in procuring the pension, nor mistake of fact in its allowance, but there was failure to ascertain a fact, and when pension was allowed to her under act of June 27, 1890, it was error to withhold such pension to reimburse the Government for the amount paid by reason of the former erroneous judgment. That action should be rescinded. Mary Chryst (Asst. Sec. Reynolds), 8 P. D., 242. See Richard Vernon and Norman Davis, title, REIMBURSEMENT (f). See also FEE CONTRACT; COMPENSATION; EXAMINATIONS (Special); BOUNTY LAND; REIMBURSEMENT; SUSPENSION. FURLOUGH. 1. Line of duty while on veteran furlough. 2. Failure to report at expiration cf. 1. Line of duty while on veteran furlough. It has been uniformly held by the Department, under successive administrations, that the language used in section 4700, 1. Line of duty while on veteran furlough-Continued. Revised Statutes, as to veteran furlough, viz, "with the organization to which they belong," means "while with their commands when leaving for or returning from veteran furlough," and not when separated and at their homes. Citing Elizabeth Rutroff, 3 P. D. (0. s.), 260; Washington Maynor, 6 P. D. (o. s.), 13. Lawrence H. Rousseau (Asst. Sec. Hawkins), 2 P. D., 6. Adhered to on reconsideration, ibid., 151. 2. Failure to report at expiration of. A soldier was furloughed by proper authority, and at expiration thereof the captain of his company, who was absent with leave, directed him to remain and search for parties belonging to the company. Such soldier should not be held responsible for the infraction of the regulations of the War Department, and this Department is not justified in denying a pension because of the irregularity of the soldier's absence, especially when the record fails to show that he was held accountable on his return to his company. John Hays (Sec. Schurz), 6 P. D. (0. s.), 411. See also BOUNTY LAND; CONSTRUCTION OF LAWS; LINE OF DUTY. GOVERNMENT EMPLOYEES. See ATTORNEYS. GRADE RATES. See RATES. GRANDCHILDREN. See ACCRUED PENSION. GRATUITIES. See BOUNTY LAND. GUARDIANS. 1. Corporations may act as. 2. Of insane persons. 1. Corporations may act as. Where a corporation is authorized by the laws of the State under which it is organized to accept the office or appointment of guardian, such appointment, when made, will be recognized in the administration of the pension laws. Minor of Richard C. Schreiner (Sec. Teller), 13 P. D. (o. s.), 330. 1. Corporations may act as-Continued. A trust company, or other similar corporation, may be recog nized as a guardian or administrator of a pensioner. Citing John B. Gest, guardian of minor child of Richard C. Schreiner. Communication to Asst. Atty. Gen. Shields (Asst. Sec. Bussey), 5 P. D., 124. 2. Of insane persons. Pension granted on account of disability or of service of an insane soldier can be paid to his lawful guardian only. Thomas Hynes; Robert G. Dunlap, alias Durdass (Asst. Sec. Bussey), 5 P. D., 52. 3. Of minors. 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. Before payment of minor's pension a guardian must be appointed, and when qualified to act the pension should be paid to him as in practice under the general law. Simon P. Showalters (Asst. Sec. Reynolds), 7 P. D., 478. See also ADDITIONAL PENSION; COMMENCEMENT; BOUNTY LAND; INCREASE; MINORS; PAYMENT. GARRISON. See POST. GUNBOAT. 1. What are gunboats. 1. What are gunboats. Any vessel armed and manned and used in offensive and defensive operations against the enemy is a gunboat or war vessel. John G. Coney (Asst. Sec. Bussey), 3 P. D., 200. The words "any gunboat or war vessel," used in the second subdivision of section 4693, Revised Statutes, and in the last clause of section 4695, Revised Statutes, are construed so as to include all vessels in the service of the United States which are armed and manned and used for offensive and defensive purposes. Ibid. |