2. Absence from command as affecting line of duty-Continued. (b) Absent by permission-when not in-Continued.

not occur in the line of duty, and the claim of the widow for pension is therefore denied. Anna S. Krause (Asst. Sec. Bussey), 3 P. D., 243

A soldier having been permitted to go a short distance from camp to look after his bounty land claim was frozen to death while returning: Held, That as he was on private business he was not in line of duty for pensionable purposes. Catherine Ott (Asst. Sec. Bussey), 4 P. D., 47.

A soldier having been directed, after his enlistment, by the captain of his company to remain at his usual place of resi dence, about 1 miles from the place of organization of the company, and report to him, said captain, each morning at his headquarters until the company's quota should be filled and it ordered to join the regiment, was injured while returning one morning to make such report by his horse becoming frightened and throwing him off on his head: Held, That he was in line of duty at time of incurrence of injury, although not actually with his company. Reversing former decision herein, L. B. (X,) 185. John F. Heacock (Asst. Sec. Bussey), 4 P. D., 160.

The claimant received permission to hunt for his own recreation, and while hunting was shot in the hand by an accidental discharge of his gun: Held, That he was not in the line of duty, and the decision of July 29, 1892, is overruled. James E. Harrison (Asst. Sec. Reynolds), 7 P. D., 97.

Claimant injured while "on liberty," by grasping a lighted firecracker from the hands of another man for the purpose of averting the danger from the latter: Held, That the injury was not incurred in the line of duty. "Line of duty" in the pension law means military duty, and not merely moral obligation. Willard Spinney (Asst. Sec. Reynolds), 7 P. D., 335.

Soldier shot by guerrillas while returning to his command after having been absent for several days on leave for the purpose of visiting his family and friends was not in line of duty. Daniel V. Melvin (Asst. Sec. Reynolds), 8 P. D., 89.

(c) Absent acting under orders of his commander.

A disease or an injury incurred by a soldier while away from his command passing between his own home and the military post, while acting in pursuance of the orders of his commanding officer, is held to be due to the line of duty, and therefore pensionable; and a mother's claim based upon such a cause of death is admissible. Betsy M. Potter (Asst. Sec. Bussey), 5 P. D., 48.

2. Absence from command as affecting line of duty-Continued. (d) Absent without permission.

Where soldier continues absent beyond original furlough, by reason of orders from his captain, who was also on furlough, he can only be considered in line of duty while he was engaged in the performance of the duty specially directed by his captain, and any injury or disease contracted otherwise is fatal to right of pension. John Hays (Sec. Schurz), 6 P. D.(o. s.), 411.

Where the soldier went, without permission, to a dance 2 miles from camp and was there arrested by the secret police and put in military prison, where he died from a cause originating while he was so confined, his widow is not pensionable, as the death cause did not originate in line of duty. Elizabeth Hull (Sec. Teller), 10 P. D. (o. s.), 150.

3. Deserter-when in line of duty.

Desertion of soldier who subsequently reenlists and contracts disability in line of duty, within the meaning of the pension law (said subsequent service not being tainted by desertion), should not deprive claimant of pension for disability incurred in last service in line of duty. James H. Brush, alias Jesse L. Judd (Sec. Schurz), 7 P. D. (o. s.), 73.

Applicant enlisted in a Massachusetts regiment in February, 1864, and deserted in April of the same year, and in May, 1864, while in desertion enlisted in a Connecticut regiment. He returned to his original command in March, 1865, under the President's proclamation, and was mustered out with his company in June, 1865. The War Department does not recognize the legality of his service in the Connecticut regiment. It is held that this service in the Connecticut regiment was pensionable service, as though his enlistment therein had been regular and lawful, and a disability incurred while serving therein was in the line of duty. Alfred C. Taft (Asst. Sec. Bussey), 5 P. D., 110.

Overruled: 7 P. D., 218.

(a) When not in line of duty.

Where a soldier deserted and was restored to duty without a trial, and while en route to his company contracted a disability, the claim should be rejected on the ground that during the period when the disability was contracted he was regarded as a deserter by the War Department, and not in line of duty. Herman Lamprecht (Actg. Sec. Bell), 4 P. D. (0. s.), 320.

Where soldier was captured while a deserter from his company and died in rebel prison hospital: Held, That his widow was not entitled to pension, upon the ground that the soldier did not die of disease contracted in the line of duty. Caroline Gragg (Sec. Schurz), 6 P. D. (o. s.), 410.

4. Acting under orders going to post of duty.

When an officer is ordered to go to a given point for duty and has set about his preparations to do so his transitus has begun. Actg. Atty. Gen. Phillips, 17 Op., 457.

An injury received while traveling from one post to another under orders from the War Department is construed to be on the march, and in line of duty, within the meaning of section 2 of the act of July 27, 1868, as held by the War Department. Mrs. Adele Semple (Actg. Sec. Cowen), 1 P. D. (o. s.), 66.

5. Foraging—when not in line of duty.

A soldier was not in line of duty while foraging, unless under orders, even if he had been granted leave to do so. Eunice Wilson (Actg. Sec. Cowen), 2 P. D. (o. s.), 24.

A soldier and a comrade while foraging by permission were ordered to return to camp by a patrol officer (a sergeant), who had on no insignia to distinguish him, and the soldier, doubting his authority, refused to obey, and having again been hailed by such patrol and ordered to stop or he would fire, having again refused, was shot and killed by the patrol. It not being alleged that such foraging was necessary in providing for himself or his command, it is held, such employment had no connection with the public service, but was for personal reasons and pleasure; that it was the soldier's duty to obey the order of the patrol, and his mother is not, therefore, pensionable. Anna Updegraff (Sec. Teller), 9 P. D. (o. s.), 308.

A soldier who leaves his command to forage is not pensionable on account of injury received while so foraging, unless such employment was by order, and not merely by permission, of his superior officer. Citing Eunice Wilson, 2 P. D. (o. s.), 24. Frederick W. Smith (Sec. Teller), 9 P. D. (o. s.), 315.

6. Furlough, while on, when in line of duty.

Soldier, while on furlough, is not in line of duty. Matilda J. Munroe (Sec. Usher), 5 L. B. P., 230.

Death from a disability contracted while on a furlough attending to private business is not pensionable; but death occurring while on furlough from a cause originating in line of duty in service prior to such furlough is pensionable. Harriet A. Look (Sec. Harlan), 5 L. B. P., 354.

Where a soldier, when on furlough, undertook, at the request of a recruiting officer, to be the bearer to headquarters of important papers, and was injured while performing such service, it is held, that "without touching the question whether a soldier on furlough is in line of duty or not, which does not 13201-21

6. Furlough, while on, when in line of duty-Continued.

necessarily arise in this case," the soldier was in line of duty under these circumstances. Richard D. Roberts (Sec. Harlan), 6 L. B. P., 157.

Unless a furlough is given for a purpose expressly mentioned in section 4700, Revised Statutes, there is no authority of law for allowance of pension on account of disability incurred on furlough. Citing Thornton F. Rice (Sec. Delano), February 18, 1874; James P. Rader, ibid., March 7, 1874; Jacob Rutroff, ibid., April 15, 1876; Isabella C. Hoffman, Sec. Schurz, May 3, 1877; and the law can not be so construed as to cover other cases. Citing 6 Op., Atty. Gen. (Cushing), 684. Thomas Griffith (Sec. Kirkwood), 9 P. D. (o. s.), 180.

Soldier is not in line of duty when on individual furlough and widow is not entitled to pension. Isabella C. Hoffman (Sec. Schurz), 11 P. D. (o. s.), 172.

Soldier who had obtained a furlough to appear before a board for examination for a commission, on his attempt to return to his command after his examination, was thrown from a railroad train and injured. It is held, that said injury was received in line of duty. James M. Hay (Asst. Sec. Hawkins), 1 P. D., 111.

Where a soldier was captured by the enemy while on individual furlough, conveyed to a military prison, and, during his confinement as a prisoner of war contracted disease and died, it is held that, having been kept in duress by the enemy, he died in line of duty, and the claim of his widow for pension is valid. Mary Ellason (Asst. Sec. Bussey), 3 P. D., 100.

A soldier, while at home on furlough, was ordered, before the expiration of his leave, to return to his command, the balance of his furlough to be taken thereafter, which balance he was subsequently permitted to take, and while then returning to his home he was injured by a collision of trains: Held, That he was in line of duty when injured, because his presence at the time and place of injury was due to the original order terminating his furlough, etc. Quincy J. Drake (Asst. Sec. Bussey), 4 P. D., 53.

The soldier, while at home on furlough, was captured by the enemy, and while being held as prisoner of war contracted a disability from which he died while in prison: Held, That having been captured through no fault or neglect of his own, said disability was incurred in line of duty. Citing Mary, widow of James Ellason, 3 P. D., 100; Atty. Gen. Cushing's opinion, 2 P. D., 403. Ellen Anderson (Asst. Sec. Bussey), 6 P. D., 197.

5. Furlough, while on, when in line of duty-Continued. (a) To go home to vote.

A furlough granted to a soldier for the avowed purpose of enabling him to go home to vote does not keep him in the line of duty for pensionable purposes. Isabella C. Hoffman (Asst. Sec. Bussey), 5 P. D., 219.

(b) Sick furlough.

A soldier absent from the organization to which he belongs for any purpose not growing out of or connected with the public service, except on sick leave or sick furlough, is not in line of duty. Lucinda Barrett (Sec. Teller), 13 P. D. (o. s.), 5.

(c) Veteran furlough.

A soldier captured while at his home on veteran furlough is not considered in line of duty. Elizabeth Rutroff (Actg. Sec. Gorham), 3 P. D. (o. s.), 260.

Where soldier reenlisted and was granted a veteran furlough with other members of the company, and while on said fur lough was captured, and in escaping from imprisonment incurred a disability: Held, That the case was not within the provisions of section 4700, Revised Statutes, not being on furlough with the organization to which he belonged. Washington Maynor (Sec. Schurz), 6 P. D. (o. s.), 13.

Accidental pistol wound received by a veteran volunteer while on veteran furlough can not be regarded as having been received in line of duty. Paul Conlon (Asst. Sec. Hawkins),

1 P. D., 106.

Overruled: 3 P. D., 396; reaffirmed, 7 P. D., 398.

An officer who is absent from his command while on veteran furlough is not in the line of duty for pensionable purposes although employed, under a verbal order of some superior officer, in looking after the men of his regiment and recruiting new men, with a view to increasing the number sufficiently to entitle him to be mustered with the rank of colonel. Lawrence H. Rousseau (Asst. Sec. Hawkins), 2 P. D., 6.

Reconsidered and adhered to. Ibid., 151; 7 P. D., 398.

A veteran furlough with the organization to which the soldier belongs is distinguished from an individual furlough, and means a furlough given contemporaneously to the whole of said organization, embracing all its members, and it is operative from date, or from the moment of the disbandment of said organization at the place and time designated for rendezvous until the reassembling of the organization at said rendezvous upon the expiration of said furlough, and an enlisted