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5. Missouri-Continued.

The claim of a member of a provisional regiment, Enrolled Missouri Militia, comes under section 4722, Revised Statutes, but the United States is not charged with any duty in regard to the records of the military forces to which such section applies, as such forces were within the State of Missouri, and cooperating with the United States forces; and the decision in James H. Carpenter, concerning the records of the War Department, does not apply, as it refers only to those organizations which were accepted into the service of the United States. John C. Hargraves (Sec. Kirkwood), 9 P. D. (o. s.), 166.

Section 4722, Revised Statutes, does not extend the benefits of the general pension laws to the whole of the Enrolled Missouri Militia, but only to that comparatively small portion of it that was called the Provisional Missouri Militia, or the Provisional Enrolled Missouri Militia, and to them only under the circumstances stated. Said section does not cover service in Company A, Fifty sixth Regiment Enrolled Missouri Militia; and as this claim was not filed until 1882, it is not admissible under the third paragraph of section 4693, Revised Statutes. Mary A. Seidenstein (Sec. Teller), 12 P. D. (o. s.), 267.

A member of Company I, Seventy-first Regiment Enrolled Missouri Militia, is not pensionable under the first paragraph of section 4693, Revised Statutes, not being enlisted in the service of the United States, nor under the third paragraph of said section, unless his claim was prosecuted to a successful issue prior to July 4, 1874, nor under section 4722, Revised Statutes, as the provisions of said section do not extend to the Enrolled Missouri Militia. John W. Delany (Sec. Teller), 15 P. D. (o. s.), 353.

Members of the Scott County (Mo.) Home Guards are not pensionable under section 2 of the act of June 27, 1890, as their service was less than ninety days, according to the HawkinsTaylor Commission. Charles Messmer (Asst. Sec. Bussey), 6 P. D., 20.

The provisions of the "joint resolution to restore the status of the Missouri militia who served during the late war" do not extend to the Enrolled Missouri Militia nor to the provisional companies of Missouri militia. Katherine Schuler, widow of John H. Schuler (Asst. Sec. Reynolds), 8 P. D.,

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A member of a provisional company, Enrolled Missouri Militia, which was organized under General Order 107, emanating in June, 1864, from the adjutant-general of the State of Missouri, and was never under Federal authority, but solely for temporary service and local defense, even though it may 13201-24

5. Missouri-Continued.

have formed a component part of a regiment, is not within the terms of the act of February 15, 1895. Such companies are clearly distinguished by the record from the Provisional Missouri Militia mentioned in said act and in section 4722, Revised Statutes. James L. Hicks (Asst. Sec. Reynolds), 8 P. D., —.

The Missouri Six Months' Militia, the Enrolled Missouri Militia, Class 1 of Missouri Home Guards, and the Provisional Companies Enrolled Missouri Militia, were never in the Federal service. Members of the Provisional Regiments Enrolled Missouri Militia have pensionable status under section 4722, Revised Statutes. Ibid.

6. Pennsylvania.

A person who enlisted in a regiment of the Pennsylvania militia pursuant to the President's proclamation for six months' volunteers, even if the regiment was not actually mustered into the service of the United States, but was engaged in its service, has a pensionable status under the first subdivision of section 4693, Revised Statutes. Randolph M. Manley (Atty. Gen. Miller), 20 Op., 322.

The members of the Forty-seventh and Fifty-eighth Pennsylvania Volunteer Militia, enlisted and received into the United States service in pursuance of the President's proclamation of June 15, 1863, are pensionable under the first subdivision of section 4693, Revised Statutes. Randolph M. Manley (Asst. Sec. Bussey), 5 P. D., 295; B. F. Beazell (Asst. Sec. Bussey), ibid., 384.

Claimant was a member of a regiment of Pennsylvania militia which, by authority of the President, was accepted into the United States service and assigned to the Third Brigade, Third Division, First Army Corps, right wing of the Army of the Potomac, and while in such command participated in the battles of South Mountain and Antietam, Md., from September 14 to 17, inclusive, and was wounded; he was paid by the United States for fourteen days' service: Held, That he was in the military service of the United States, and comes within the provisions of the first subdivision of section 4693, Revised Statutes. William G. Triece (Asst. Sec. Reynolds), 7 P. D., 85.

See also BOUNTY LAND; EVIDENCE; SOUTH CUMBERLAND (KY.) GUARDS.

See MINORS.

MINORITY.

1. Generally.

MINORS.

2. Act of July 4, 1836.

3. Act of June 27, 1890.

4. Increase on account of act of July 25, 1866.

5. Insane and helpless minor.

6. Limitation, act of June 27, 1890.

7. Limitation, act of March 3, 1879, and prior laws.

8. Stepchildren.

9. Surviving minor.

10. Under special acts.

11. When widow not entitled, minor's rights.

12. Where widow draws pension after remarriage.

1. Generally.

A person enlisted in service and while there disabled so as to be entitled to pension under existing laws, but who is subsequently discharged as a minor before the expiration of his term, does not lose his claim to a pension. Ruling (Sec. Cass), Pension Laws, etc. (1849), p. 101.

Minor brothers and sisters are entitled to pension, notwithstanding the ability of their stepfather to support them. Guardian of minors of Christian Haas (Sec. Delano), 2 P. D. (0. s.), 500.

Minors of colored soldiers are entitled to pension whether the mother died prior or subsequent to the soldier's enlistment. Guardian of minors of Samuel Statesman (Sec. Delano), 2 P. D. (0. s.), 345.

Minors, as mentioned in section 4702, Revised Statutes, is construed by the Department to relate only to children born in lawful wedlock, while section 4704 presupposes a legal marriage of the parents. Rudolph Rose (Sec. Schurz), 6 P. D. (0. s.), 213.

The exact date of birth of a claimant for minor's pension must be satisfactorily established. Minors of Henry M. Wilkerson (Asst. Sec. Hawkins), 2 P. D., 250.

The lex loci does not determine, in pension cases, at what age minority ends, but under the pension laws (the law under consideration in this case being the act of March 1, 1889) minority ends at the age of 16. Lewis J. Brooks (Asst. Sec. Bussey), 4 P. D., 212.

The minor child must also be legitimate. Sarah A. Morris (Asst. Sec. Reynolds), 7 P. D., 29.

Under the pension laws a minor is one under 16 years of age.

1. Generally-Continued.

Minors of a colored soldier by a woman to whom he was joined only by a' siave marriage, and who was not living with him or recognized by him as his wife at the time of his enlistment, are not pensionable. Case of minors of William Toller (7 P. D., 545) cited and approved. Minors of James Graham (Asst. Sec. Reynolds), 8 P. D., 320.

The child of a colored soldier by a woman who was not living with him as his wife at the date of his enlistment, said soldier having died in the service, is not pensionable as a minor child of said soldier under the provisions of section 4705, Revised Statutes, citing case of minors of William Toller (7 P. D., 545), reaffirming ruling on appeal of minors of Peter Williams (2 P. D., 383). Minors of David Rankin (Asst. Sec. Reynolds), 8 P. D.,-.

In a claim by the minor children of a deceased Indian soldier the fact that their ages can not be exactly determined is not a sufficient reason why their claim should be rejected; and the evidence in the case enabling their ages to be approximately ascertained so that a date may be fixed by which an overpayment of pension may be avoided, pension should be allowed; and as the years of their respective births are thus satisfactorily shown, the first day of the year may be taken. Minors of James Height (Asst. Sec. Reynolds), 8 P. D., -.

2. Act of July 4, 1836.

Where a soldier embraced in the first section of the act of July 4, 1836, has died leaving a widow and children, and the widow has married before the passage of the act, the children within the equity of the law, and by a liberal construction of its provisions, are entitled to its benefits. Atty. Gen. Butler, 3 Op., 147.

3. Act of June 27, 1890.

It is the theory of the law enacted June 27, 1890, that minor children, under the age of 16 years, are, by reason of their minority, dependent for pensionable purposes, the age limit which is distinctly prescribed being the only requisite condition in addition to the fact that claimants are the minors of an officer or of an enlisted man who served ninety days or more in the Army or Navy of the United States during the late war of the rebellion and who was honorably discharged." Proof of dependence in a pecuniary point of view is not necessary to establish such a claimant's pensionable status. In re Charles H. Donnelly & Co., attorneys (Asst. Sec. Bussey), 5 P. D., 210.

3. Act of June 27, 1890—Continued.

The sum of $2 per month, as provided in section 3 of the act of June 27, 1890, for each minor under 16 years of age, is not set apart for each minor child; it is not the minor's pension, during the lifetime or the widowhood of the mother; but it is to be paid to the mother as a part of her pension, as widow, so long as the child is under 16 years of age. Catherine Lott (Asst. Sec. Bussey), 5 P. D., 382.

Where the soldier dies leaving no widow, but a minor child without other means of support than its daily labor, such child is pensionable under the act of June 27, 1890, from the date of filing application. A. P. Alexander, attorney (Asst. Sec. Bussey), 6 P. D., 40.

Where a widow pensioner under the act of June 27, 1890, dies, soldier's minor children should receive the pension from the date of her death until they severally attain the age of 16 years, whether a formal application for such pension be made or not. Ibid.

4. Increase on account of act of July 25, 1866.

A widow who was, at the date of the passage of the act of July 25, 1866, a pensioner under a special act is entitled to increase provided by said act of 1866 on account of minor children, although it has hitherto been the general construction that the provisions of the general law are not applicable to pensioners under special acts, the practice being probably sanctioned by the statutes under which it arose. Anna E. Ward (Sec. Browning), 6 L. B. P., 227.

Each and every minor child is entitled, under the second section of the act of July 25, 1866, to $2 per month until it is 16 years of age, and there is no authority of law for excluding any therefrom. Minors of Thomas Rue (Sec. Cox), 7 L. B. P., 51.

It is only upon the death, remarriage, or abandonment of the mother that minor children become pensionable in their own right, and if the widow pensioner dies without having claimed the benefits of the act of July 25, 1866, as to additional pension on account of minors, the law confers no right on the minors to prosecute a claim for arrears under said act. Guardian of minors of Michael O'Brien (Sec. Delano), 2 P. D. (o. s.), 408.

The pension which is allowed the minors of a deceased soldier can not be divided except in the distribution of the sum total thereof among the minors themselves, and when one dies the whole original pension goes to the living, but the $2 additional for each child, the "increase," as it is generally called, first provided in the act of July 25, 1866, is not a part of the original pension aforesaid inherited from the soldier, and consequently

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