5. When opinion not final. 6. Opinion generally relied on by the Department. 7. Opinion accepted in preference to that of family physician. 8. To fix rates. 9. To revise and construe reports of examining surgeons. 1. Generally. Where, from the medical evidence adduced, it is not clear that claimant's reduction was proper, nor that an increase is not really due him, it is a proper question for the determination of the medical referee. James R. Bartholomew (Asst. Sec. Hawkins), 1 P. D., 190. Unless manifest error in an opinion by the medical referee on a medical question is shown, such opinion will not be set aside on appeal. William L. D. O'Grady (Asst. Sec. Hawkins), 1 P. D., 222. While the opinion of the medical referee is justly entitled to great weight in determining questions of a medical character in a pension claim, such opinion should have some evidence to support it and some facts proven upon which to base it before it should be so entitled or be permitted to control. Minnie Shuttleworth (Asst. Sec. Bussey), 3 P. D., 50. All questions involving medical questions should be decided upon the weight of the medical evidence on file in the claim, giving due consideration and importance to the opinion of the medical referee upon medical and scientific points requiring professional and technical knowledge. Lucinda Gaskell (Asst. Sec. Bussey), 3 P. D., 87. 2. An adjudicating officer. The medical referee is an adjudicating officer. He does not occupy the position of a witness in pension cases, but in passing upon medical questions his duties are largely judicial, and his opinions, as the highest medical authority, must be accepted as conclusive, unless it is made to appear that he has been guilty of negligence, of fraud, or of mistake. Uriah W. Romine (Asst. Sec. Hawkins), 1 P. D., 299. But see 7 P. D., 142. 3. Opinion conclusive. The opinion of the medical referee, based on the result of medical examination, is conclusive. Citing John Douglass, 1 P. D., 52. James R. Owen (Asst. Sec. Hawkins), 2 P. D., 390. The opinion of the medical referee on questions coming exclusively within the province of his duties is decisive, subject only to revision by the Commissioner. Patrick Preston (Asst. Sec. Hawkins), 1 P. D., 41. 4. Opinion generally conclusive. While the opinion of the medical referee on questions purely medical is generally conclusive, yet, on all questions not medical, but legal only, his opinions are entitled to no special weight. Allen Cook (Asst. Sec. Hawkins), 1 P. D., 365. The statute authorizing the appointment of a medical ref eree contemplated the necessity of accepting the opinions of such officer as ordinarily conclusive in matters involving scientific and expert knowledge. Lucinda Gaskell (Asst. Sec. Hawkins), 1 P. D., 29. The Department accepts as generally conclusive the opinions of the medical referee when based upon results of medical examinations. Joseph F. Faulkner (Asst. Sec. Hawkins), 1 P. D., 292; John Douglass (Asst. Sec. Hawkins), 1 P. D., 52. The Department uniformly holds that where questions of a purely medical character are involved, it must be guided by its medical advisors, and the opinion of the medical referee in such cases is generally conclusive. Citing William H. Garrison, 1 P. D., 262; Joseph F. Ennis, ibid., 127; Lucinda Gaskell, ibid., 29; Patrick Preston, ibid., 41; Joseph F. Faulkner, ibid., 292; Uriah W. Romine, ibid., 299; Edward Campbell, alias Henry Mulholland, 2 P. D., 75. Isaac Sell (Asst. Sec. Hawkins), 2 P. D., 172. In determining questions purely medical, the Department is guided by the opinion of its medical advisors, and accepts as generally conclusive the medical referee's opinions when based on results of medical examinations. Citing Lucinda Gaskell, 1 P.D., 29; Patrick Preston, ibid., 41; John Douglass, ibid., 52, William H. Garrison, ibid., 262; Joseph F. Faulkner, ibid., 292; Uriah W. Romine, ibid., 299. William H. Scott (Asst. Sec. Hawkins), 2 P. D., 43. It is the settled practice of the Department to be guided in the determination of questions purely medical by the opinions of its medical advisors, and to accept as generally conclusive the opinions of the medical referee where based upon the results of medical examinations. Citing Lucinda Gaskell, 1 P. D., 29; Patrick Preston, ibid., 41; John Douglass, ibid., 52; William H. Garrison, ibid., 262; Joseph F. Faulkner, ibid., 292; Uriah W. Romine, ibid., 299; and distinguishing the case of Mary A. Buker, 1 P. D., 108. Margaret Mayer (Asst. Sec. Hawkins), 2 P. D., 203. The rule that where questions of a purely medical character are involved the opinion of the medical referee is generally held conclusive, is reaffirmed. Citing Isaac Sell, 2 P. D., 172; William H. Garrison, 1 P. D., 262; Joseph F. Ennis, ibid., 4. Opinion generally conclusive-Continued. 127; Lucinda Gaskell, ibid., 29; Patrick Preston, ibid., 41; 5. When opinion not final. The opinions of the medical referee of the Bureau of Pensions as a rule are to be accepted, but in no case to be regarded as necessarily final. In appeals coming before the Department the right is reserved to review the whole case-medical opinions as well as others-in connection with all the evidence in the accompanying papers. Josiah T. Tuttle (Asst. Sec. Bussey), .3 P. D., 52. 6. Opinion generally relied on by the Department. In medical questions the Department is generally governed by the opinion of the medical referee, as is held in William H. Garrison, 1 P. D., 262; Uriah W. Romine, ibid., 299; William Scott, 2 P. D., 43. Henry Halstead (Asst. Sec. Hawkins), 2 P. D., 221. Where the question raised on appeal is chiefly medical, the Department relies mainly upon the opinion of the medical referee when approved by the Commissioner of Pensions. Francis M. Varner (Asst. Sec. Reynolds), 7 P. D., 161. The Department must necessarily rely, to a great extent, upon the judgment and opinions of the medical referee, especially when based upon a thorough medical examination. Jacob Schulde (Asst. Sec. Hawkins), 2 P. D., 338. In the determination of questions purely medical the Department accepts the opinions of its medical advisers as generally conclusive, when based upon the result of medical examinations. Aaron Gaw (Asst. Sec. Hawkins), 1 P. D., 369. Where questions of a purely medical character are involved, the Department is guided by its medical advisers, the opinions of the medical referee being generally conclusive. William H. Garrison (Asst. Sec. Hawkins), 1 P. D., 262. While the opinion of the medical referee on purely medical questions should, as a rule, be accepted as decisive, yet it should not in any case be regarded as final, but subject, as is the opinion of other subordinates, to revision by the Chief of the Bureau. Appeal of T. B. Hood, medical referee, in re George W. Greene (Sec. Chandler), 3 P. D. (o. s.), 229. 7. Opinion accepted in preference to that of family physician. The Department relies upon the medical conclusion of the medical referee, based upon the medical evidence in the case, 7. Opinion accepted in preference to that of family physician— Continued. in preference to opinions of family physicians; but will remedy any errors in the medical referee's conclusions when any reason for inferring an error or mistake therein is shown by the evidence or otherwise. Citing Joseph F. Ennis, 1 P. D., 127. Ziba Yarnell (Asst. Sec. Hawkins), 2 P. D., 25. 8. To fix rates. It is the province of the medical referee, subject to the approval of the Commissioner of Pensions, to fix ratings in accordance with the medical evidence on file. John Allee (Asst. Sec. Hawkins), 1 P. D., 241. 9. To revise and construe reports of examining surgeons. Section 4776, Revised Statutes, gives to the medical referee the right to examine, revise, and construe the reports of examining surgeons. Upon his opinion, thus made, the Department relies, and will accept it in preference to that of family physicians. Joseph F. Ennis (Asst. Sec. Hawkins), 1 P. D., 127. See also APPEALS; DEATH CAUSE; EVIDENCE; RATING; RERATING. MEDITERRANEAN FLEET. See BOUNTY LAND; SERVICE. MEXICAN WAR. 1. Service pensions-act of January 29, 1887. 2. Commencement of. 3. Termination of. 1. Service Pensions-act of January 29, 1887. The pension provided for by the act of January 29, 1887, is strictly and purely a service and not an invalid pension. Theo dore J. Eckerson (Sec. Vilas), 2 P. D., 309. 2. Commencement of. The Mexican war commenced April 24, 1846. Communication (Sec. Ewing), 1 L. B. P., 165. April 24, 1846, the date of the first overt hostile act on the part of Mexico, was the date of the act referred to in the preamble of the act of May 13, 1846, declarative of the existence of the war with Mexico, and was the commencement of the war with that country. Citing decision by Sec. Ewing, Mayo and Moulton, 527; and historical authorities. Thomas Daly (Asst. Sec. Hawkins), 2 P. D., 220. 3. Termination of. This Department has decided peace to have been established with Mexico on the 30th of May, 1848; consequently no soldier can, subsequent to that date, have volunteered or enlisted to serve "during the present war with Mexico," as required by the act of February 11, 1847, to entitle him to bounty land. Communication to S. I. Levi in re Michael Salmon (Sec. McClelland), 3 L. B. P., 9. The Mexican war terminated May 30, 1848, and service rendered thereafter does not entitle to bounty land under the act of March 3, 1855. Thomas Bruce (Sec. McClelland), 4 L. B. P., 261. For pensionable purposes, May 30, 1848, is accepted as the date of the legal termination of the Mexican war. Instructions to Commissioner (Asst. Sec. Reynolds), 7 P. D., 240. See also BOUNTY LAND; DESERTION; INCREASE; MARINE CORPS; SERVICE. Washington City one. MILITARY POST. Unquestionably the city of Washington is a military post in the sense in which the word is used in section 4694, Revised Statutes. Martha M. Frisby (Asst. Sec. Bussey), 3 P. D., 344. See also HOSPITAL STEWARD; Post. MILITIA. 1. Generally. 2. Delaware. 3. Kentucky. 4. Minnesota. 5. Missouri. 6. Pennsylvania. 1. Generally. Members of militia called out and mustered into service under the President's proclamation of April 15, 1861, and who may be disabled in the service, are entitled to pension benefits of the second section of the act of August 2, 1813. Atty. Gen. Bates, 10 Op., 197. Members and widows of members of the State militia are not entitled to pension unless such member was wounded in battle. This case is governed by section 9 of the act of July 4, 1864, and the act of March 25, 1862, has no application. Martha A. Foster (Sec. Cox), 6 L. B. P., 519. Members of State militia in the service of a State during the war of 1812 who were not mustered into the service of the |