1. Generally-Continued.

United States, nor under command of an officer of the United
States, and for whose services the State was not reimbursed
by the United States, are not entitled to pension. Rebecca S.
Smith (Sec. Schurz), 4 P. D. (o. s.), 269.

If a State commission was issued to a person, giving him rank from a date prior to the date at which he was injured, and the War Department should report that the organization to which he belonged was in the service of the United States, and that a vacancy existed in the rank conferred by the commission, and it should appear that he was not then disabled for military service, and that he did not neglect or refuse to be mustered, he can, under section 4696, Revised Statutes, be treated as having been an officer in the service of the United States; and if he was a member of the militia of the State not accepted into the service of the United States, there is no provision of law under which he could be allowed a pension, James H. Carpenter (Sec. Kirkwood), 8 P. D. (0. s.), 452.

Claims of State militiamen or nonenlisted men claiming disabilities contracted in temporary service in battle against rebels or Indians are barred unless prosecuted successfully to issue prior to July 4, 1874. Andrew T. Still (Asst. Sec. Hawkins), 1 P. D., 103.

This soldier's service being in a regiment which was not in the service of the United States, a claim for pension by his minor children is not valid unless prosecuted to a successful issue prior to July 4, 1874, under sections 4693 and 4702, Revised Statutes, Minors of Hamilton S. Wilson (Asst. Sec. Hawkins), 2 P. D., 364.

Under sections 4693 and 4702, Revised Statutes, the widow or minor children of any person named in the third paragraph of said section 4693 as pensionable thereunder must file a claim and prosecute it to a successful issue prior to July 4, 1874, in order to be entitled to pension. Reconsidering and adhering to decision of February 21, 1889. Minors of Pharaoh B. Long (Asst. Sec. Bussey), 4 P. D., 22.

A State militiaman whose military service was rendered in an organization that was never incorporated in the service of the United States, but remained under the authority of the State government, was not in the service of the United States for pensionable purposes. Thomas Haladay (Asst. Sec. Bussey),

5 P. D., 413.

No person other than the President of the United States has authority to call the militia of any State into the United States service, and a militia organization called into service by

1. Generally-Continued.

any other authority is not thereby in the service of the United States for pensionable purposes, under the first subdivision of section 4693, Revised Statutes. John Godfrey (Asst. Sec. Reynolds), 7 P. D., 561.

A State militiaman, claiming under subdivisions 1 and 3, section 4693, Revised Statutes, must show that his organization was called into service by the President of the United States. If such is not shown, he must show that his organization was acting under orders of an officer of the United States, and that he received a wound or injury in battle with either rebels or Indians; and, further, his claim must have been prosecuted to a successful issue prior to July 4, 1874. James L. Hicks (Asst. Sec. Reynolds), 8 P. D., —.

The above decision cites the following decisions as holding that the organizations named were not in the Federal service, and members thereof are accordingly not pensionable:

(a) ALABAMA.

Captain Dickey's company, Alabama Volunteer Scouts and Guides. Marion Berry (Asst. Sec. Reynolds), 113 L. B., 339; James West (Asst. Sec. Reynolds), 126 L. B., 214; M. R. Latham (Asst. Sec. Reynolds), 148 L. B., 403.

Captain Springfield's company, Alabama Independent Scouts and Guides. Widow of H. B. Springfield (Asst. Sec. Reynolds), 115 L. B., 457.

(b) DELAWARE (under act of June 27, 1890).

See Sarah A. Kersey (SUBTITLE 2).

(c) INDIANA.

Company A, Indiana Legion. Widow of G. W. Devine (Asst. Sec. Reynolds), 112 L. B., 461.

(d) KANSAS.

Company F, Second Kansas Militia. Dennis Moriarity (Asst. Sec. Reynolds), 131 L. B., 112.

Fifth Kansas State Militia.

nolds), 120 L. B., 310.

Almira Boyer (Asst. Sec. Rey

Company B, Nineteenth Kansas Militia. James Richardson (Asst. Sec. Reynolds), 121 L. B., 159.

Company F, Twenty-third Kansas Militia. Charles Morasch (Asst. Sec. Reynolds), 121 L. B., 51.

Company F, Third Kansas Volunteer Militia. John Godfrey (Asst. Sec. Reynolds), 7 P. D., 561.

1. Generally-Continued.

(e) KENTUCKY.

Company F, Sixty-fifth Kentucky Enrolled Militia. Jonathan Stanboy (Asst. Sec. Reynolds), 113 L. B., 96.

Company B, North Cumberland Battalion, Kentucky State Guards. Robert Baldwin (Asst. Sec. Reynolds), 114 L. B., 225.

South Cumberland Battalion, Kentucky State Guards. Alvin West (Asst. Sec. Reynolds), 7 P. D., 74, and James C. Polly, ibid., 122 L. B., 171.

Seventeenth Regiment Green River Battalion, Kentucky State Guards. Joseph P. Mills (Asst. Sec. Reynolds), 120 L. B., 217.

Green River Battalion, Kentucky Troops. Marcus Taylor (Asst. Sec. Bussey), 51 L. B., 177.

Company E, Mercer County, Kentucky Infantry. J. C. Donovan (Asst. Sec. Reynolds), 131 L. B., 234.

Hall's Gap Battalion, Kentucky State Troops. William Walls (Asst. Sec. Reynolds), 116 L. B., 65, and John W. Short, ibid., 128 L. B., 247.

Sandy Valley Battalion, Kentucky Cavalry Guards. James O'Brien (Asst. Sec. Reynolds), 122 L. B., 192.

Also Louisa S. Norris and Alvin West (see SUBTITLE 3).

(f) MINNESOTA.

See Jacob Nix (SUBTITLE 4).

(g) MISSOURI.

(Six Months' Militia)-Co. A, Kimball's Six Months' Militia, Joseph Kenedy (Asst. Sec. Reynolds), 188 L. B., 97; Thomas Haladay (Asst. Sec. Bussey), 5 P. D., 413.

Co. A, Mercer County Battalion, Six Months' Militia. James Vanderpool (Asst. Sec. Reynolds), 188 L. B., 482.

(Enrolled Missouri Militia)-Co. A, Mercer County Battalion, Missouri Militia. E. A. Hunt (Asst. Sec. Reynolds), 183 L. B., 441.

Also James H. Motley (Asst. Sec. Reynolds), 111 L. B., 63; G. H. Daniel, ibid., 112 L. B., 459; John Schaffer, ibid., 122 L. B., 167; and John W. Delaney; Frederick W. Tappmyer; Widow of John H. Schuler; Mary A. Seidenstein. (See SUBTITLE 5.)

(Missouri Home Guards-Class 1)-Major Rapley's Battalion, Co. A, Missouri Home Guards. Riley Hutchinson (Asst. Sec. Reynolds), 126 L. B., 237.

Captain William R. Gregory's Co. A, Butler County Home Guards. Ibid.

1. Generally-Continued.

(g) MISSOURI-Continued.

Jackson County Home Guards. Albert Flacy (Asst. Sec. Reynolds), 121 L. B., 436.

Westport Missouri State Militia. Ibid.

(Provisional Companies of Enrolled Missouri Militia)-Captain Cook's Company, Boone County.

Sec. Reynolds), 118 L. B., 488.

Thomas Hudnel (Asst.

Also Widow of John H. Schuler. (See SUBTITLE 5.)

(Missouri Militia)-Co. A, Kansas City Station Guards. Thomas Smith (Asst. Sec. Reynolds), 132 L. B., 371.

(h) PENNSYLVANIA.

Colonel McLane's Erie Regiment, Pennsylvania Militia. A. J. Wolverton (Asst. Sec. Reynolds), 110 L. B., 487.

(i) WEST VIRGINIA.

Captain Damron's West Virginia Scouts. Jesse Jarrel (Asst. Sec. Reynolds), 111 L. B., 365.

167 West Virginia Militia. Ibid.

(j) QUARTERMASTER VOLUNTEERS.

Third Quartermaster Volunteers. Widow of J. C. Rambo (Asst. Sec. Reynolds), 111 L. B., 68.

And cites the following decisions as holding the organizations named were in the Federal service, and members thereof are, accordingly, pensionable:

(k) DELAWARE (under general law).

Sixth Regiment of Delaware Volunteers. (Dictum.) Sarah A. Kersey (Asst. Sec. Bussey), 6 P. D., 1.

(1) MISSOURI.

(Home Guards-Class 2)-Charles Messmer (Asst. Sec. Bussey), 6 P. D., 20.

Also Charles J. H. Noack. (See SUBTITLE 5.)

(Provisional Regiments of Enrolled Missouri Militia)—Robert Morrison (Asst. Sec. Bussey), 6 P. D., 22.

Also John C. Hargrares. (See SUBTITLE 5.)

(m) PENNSYLVANIA.

42 Pennsylvania Volunteers. Samuel M. Gring (Asst. Sec. Bussey), 62 L. B., 188.

Also Randolph M. Manley; B. F. Beazell; William G. Triece. (See SUBTITLE 6.)

And citing generally: Atty. Gen. Bates; Minors of Pharaoh B. Long; Andrew T. Still; Martha A. Foster (See ANTE, this SUBTITLE); and Maria C. Worthington (Asst. Sec. Bussey), 5 P. D., 203.

2. Delaware.

Members of the Sixth Regiment, Delaware Volunteer Mili. tia, are not pensionable under the act of June 27, 1890, as they were not in actual service of the United States for ninety days. Citing Albert K. Ransom,5 P. D., 183; also Randolph M. Manley, ibid., 295. Sarah A. Kersey (Asst. Sec. Bussey), 6 P. D., 1. 3. Kentucky.

The South Cumberland Battalion, Kentucky Guards, were in the service of the United States, and the members thereof or their widows and minor children are pensionable under sec tions 4692, 4693, and 4702, Revised Statutes, notwithstanding the report of the War Department to the contrary. Louisa S. Norris (Asst. Sec. Bussey), 5 P. D., 42.

Overruled: 7 P. D., 74.

A State militiaman is not pensionable under the first subdivision of section 4693, Revised Statutes, unless his disability was incurred in the line of duty while actually in the service of the United States by direction and under authority of the President. A State militiaman under orders from a United States officer is not thereby in the service of the United States. A military organization is not in the United States service unless such organization is made a part of the Army by being ordered or called into the service by the President. The case of Louisa S. Norris, 5 P. D., 42, overruled and set aside. Claimant is not pensionable under the third subdivision of section 4693, Revised Statutes, because he was neither wounded nor injured in battle with rebels or Indians, nor has he prose cuted his claim to a successful issue prior to July 4, 1874. Alvin West (Asst. Sec. Reynolds), 7 P. D., 74.

4. Minnesota.

Members of militia of Brown County, Minn., were not volunteers, and claims based upon such service do not come within the provisions of the pension law. They were called into service by the sheriff of the county. Jacob Nix (Sec. Schurz), 4 P. D. (o. s.), 260.

5. Missouri.

The officers and members of the German Regiment, Missouri Home Guards, their widows and children, are entitled to pension. Charles J. H. Noack (Sec. Schurz), 7 P. D. (o. s.), 250.

There being no record that the Thirty-fourth Enrolled Missouri Militia was in the service of the United States, and claim not having been prosecuted to a successful issue, as prescribed by section 4693, Revised Statutes, rejection of the claim was proper. Fredk. W. Tappmeyer (Sec. Schurz), 6 P. D. (o. s.), 407.