2. Volunteers pensionable for wounds only-Continued.

terms of the act under which they enlisted, are pensionable only for wounds received in the service. William Aaron (Asst. Sec. Bussey), 5 P. D., 250.

See also BOUNTY LAND; SERVICE.

INDIGENCE.

Where the schedule of property showed a pensioner possessed 165 acres of land, 47 head of cattle, horses, sheep, etc., with a good supply of farming utensils and household furniture, such pensioner was not in indigent circumstances, and his pension was properly suspended under the act of May 1, 1820. Charles A., grandson of John Burnham (Asst. Sec. Bussey), 4 P. D., 93.

See also EVIDENCE.

INNOCENT HOLDER.

See BOUNTY LAND.

INQUIRY, COURT OF

See COURTS.

INSANITY.

See AID AND ATTENDANCE; COMMENCEMENT; DEATH CAUSE.

INSANE PERSONS.

1. Failure to claim pension.

2. Insane minors.

3. Payment of pension to.

4. Powers of attorney from.

5. Relative may make affidavit for.

6. Prosecution of claims by.

7. Regular aid and attendance.

8. Frequent and periodical aid and attendance.

1. Failure to claim pension.

Section 4719, Revised Statutes, should not be so construed as to require that the name of an insane pensioner without a guardian should be dropped from the rolls on account of the failure to claim pension within the period described, and where such pensioner dies without having drawn pension for more than three years and without having applied for restoration, reimbursement for the funeral expenses, etc., under section 4718, Revised Statutes, may be allowed the same as though he (or, in this case, a mother pensioner) had been continuously on the rolls until date of death. Mary Davis (Sec. Kirkwood), 8 P. D. (0. s.), 92.

2. Insane minors.

Under the proviso of section 3 of the act of June 27, 1890, the pension of an insane, idiotic, or permanently helpless minor which has ceased, by reason of the minor attaining the age of 16 years before the passage of the act, is renewable from the date of the application therefor upon proof of the continued and uninterrupted insanity, idiocy, or helplessness of the claimant. Cases of Schuyler C. Kephart, 4 P. D., 419, and Alphonseine Gateson, 5 P. D., 417, overruled. Minors of Jacob Loeb (Asst. Sec. Reynolds), 7 P. D., 163.

The payment of the $2 increase to the mother on account of an insane or helpless minor will be continued after such minor has attained its sixteenth year, and so long as such insanity or helplessness continues, subject to the limitations imposed by section 4706, Revised Statutes, and act of August 7, 1882, amending section 4702, Revised Statutes. Instructions to Commissioner (Asst. Sec. Reynolds), 7 P. D., 167.

The rate to be allowed an insane or helpless minor is governed by the law under which the pension is granted. Ibid.

Where more than one minor has been pensioned, and the pensionable period of one or more of them has not expired when an insane or helpless cominor has attained his sixteenth year, said minors are entitled to receive their pensions until the expiration of their pensionable minority, and the pension of the insane or helpless minor should continue at the rate of $2 until the youngest child attains its pensionable majority, at which date title to the continuance attaches at the rate provided by the law under which the pension was granted. Ibid.

A deceased soldier's minor 17 years of age, who has been sent to school eight years and can not be taught to read, write, or count, who has no memory nor sufficient mind to properly care for his body or the offices of nature, and who is incapable of transacting any business, is so "idiotic or permanently helpless" as to come within the proviso of the third section of the act of June 27, 1890, entitling him to a continuance of the pension heretofore granted for his benefit. Clarence Loveitt (Asst. Sec. Reynolds), 7 P. D., 405.

3. Payment of pension to.

Pension granted insane soldier under treatment in the Government Hospital for the Insane can be made payable to the superintendent thereof only when he is the legally appointed guardian, trustee, or committee of pensioner. Thomas Hynes ; Robert G. Dunlap, alias Durdass (Asst. Sec. Bussey), 5 P. D., 52.

Where a person has been judicially declared insane or is con

3. Payment of pension to-Continued.

fined in an institution for the safe-keeping, care, and treatment of the insane he must prosecute his or her claim by next friend, guardian, or committee; but payment will be made only to the qualified guardian or committee. Joel Ames, insane (Asst. Sec. Reynolds), 8 P. D., 171.

4. Powers of attorney from.

A power of attorney executed by a person who has not been judicially declared insane nor confined in an asylum for the insane or other public institution for the care and keeping of insane persons, though the party was insane at the time, will be recognized until repudiated by the claimant, his guardian, or committee before the completion of the claim; but if the attorney so appointed enters into the prosecution of the claim in good faith, without notice of the insanity of the claimant, and has rendered valuable service in the claim, and is properly conducting the prosecution of the same, he will be protected in his rights as in other cases. Joel Ames, insane (Asst. Sec. Reynolds), 8 P. D., 171.

A power of attorney to prosecute a pension claim. executed by a claimant after having been judicially declared insane, or while confined in an asylum for the insane, will not be recognized, and the attorney filing the same should be so notified. Ibid.

5. Relative may make affidavit for.

The Secretary held that in all cases of insanity or of mental infirmity destroying the faculties, the statement of the nearest relatives of a person drawing a pension may be received under oath, recapitulating his own account of his services as given prior to such incapacity, and if such statement would have been sufficient to warrant the pension if made by the party himself it shall be deemed sufficient in those cases. Ruling (Sec. of War Cass), Pension Laws, etc. (1849), 101.

6. Prosecution of claims by.

A declaration for pension may be made by a person non compos mentis, but if it appear that he was at the time of executing the same, or thereafter becomes incapable of understanding the nature of his claim, and incapable of prosecuting the same, the case must thereafter be prosecuted by the next friend, guardian, or committee of such person. Joel Ames, insane (Asst. Sec. Reynolds), 8 P. D., 171.

Where a person has not been judicially declared insane nor confined in any asylum or public institution for the care, keeping, and treatment of the insane, he may prosecute a claim for pension in person. Ibid.

7. Regular aid and attendance.

If, by reason of insanity due to the service, a claimant is shown to be in a condition requiring regular aid and attendance, his right to a first-grade pension can no more be ques tioned than if the same degree of helplessness were shown to exist from physical causes. George O. Harrison (Asst. Sec. Bussey), 5 P. D., 279.

8. Frequent and periodical aid and attendance.

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.

See also AID AND ATTENDANCE; ATTORNEYS; BOUNTY LAND; COMMENCEMENT; GUARDIANS; HOSPITALS; LIMITATION; MINORS.

See ORIGIN.

INTEMPERANCE.

INTERIOR DEPARTMENT.

See JURISDICTION.

INTERLOCUTORY ORDERS.

See APPEALS.

INVALID PENSIONS.

See RETIRED OFFICERS.

JUDGE'S MINUTES.

See JURISDICTION.

JURISDICTION.

1. Of courts.

2. Of Secretary of the Interior.

3. Of Commissioner of Pensions.

4. Of accounting officers of the Treasury.

5. Of the War Department.

1. Of courts.

The courts have no appellate power or right to review the decision of the Commissioner of Pensions in a case properly considered by him. U. S. ex rel. Dunlap v. Black, 128 U. S., 40.

There being no personal service in a suit for divorce, and publication notice not being shown to have been given, although ordered, and the record showing the defendant was a nonresident of the State, it is held the record shows on its face that the court rendering a decree in such suit had no jurisdiction, and such decree is void. Mary E. Scott (Asst. Sec. Bussey), 6 P. D., 185.

A decree of divorce rendered by an Ohio court having jurisdiction of the subject-matter of the suit in which entered, and of the parties thereto, can not, under the laws of said State, be annulled and set aside twenty-two years thereafter, and eleven years after the death of one of the parties to said original suit, by another court in such State, so as to give the woman so divorced a pensionable status as the widow of the deceased soldier who procured such divorce. Susan McLeod (Asst. Sec. Reynolds), 7 P. D., 590.

Where it appears from inspection of the record that the defendant at the time of the alleged service upon her was beyond the reach of the process of the court, and that service upon such defendant was made by publication, it must appear that the requirements of the statutes authorizing service by publication have been strictly complied with. Josephine S. Boyd (Asst. Sec. Reynolds), 8 P. D., 1.

The statute of Nebraska, which requires that publication must be made for four consecutive weeks and must notify the person or persons thus to be served when they are required to answer and which provides that the answer or demurrer to the plaintiff's petition must be filed on or before the third Monday after the return day of the summons or publication of the notice, is not complied with where the notice, which was pub lished for the first time on October 2, 1886, notified the defend ant that she was "required to answer said petition on or before Monday, the 18th day of October, A. D. 1886," and such notice conferred no jurisdiction on the court over the defendant or the subject-matter of the suit. Ibid.

A divorce decreed against a nonresident defendant of said State with no other notice than thus stated, in proceedings where no appearance was made, is void. Ibid.

In such a case the rejection of a widow's claim for pension on the ground that she was not the legal widow of soldier because he was divorced from her by such decree was error. Ibid.