15. When further evidence is alleged to be procurable or is filed-Continued.

submitted which has not been considered by the Pension Office, and an affidavit executed by a claimant, but filed as an appeal, will not be entertained as such. It is properly evidence, and as such will be forwarded to the Commissioner of Pensions for consideration. James Green (Sec. Delano), 1 P. D. (o. s.), 357. Appeals are not to be considered in connection with evidence which has not been presented to the Pension Office for action. Richard Whiteside (Sec. Schurz), 5 P. D. (o. s.), 412.

Appeals in pension cases when accompanied by additional evidence are not considered by this Department; but when all the evidence which is desired to be presented has been consid ered by the Commissioner of Pensions, appeals to the Department from his adverse decision thereon may be taken. Communication to D. W. Smith (Asst. Sec. Joslyn), 15 P. D. (o. s.), 27. 16. As to rate-Rule 6.

If upon the issue of a certificate of pension the applicant claims that error exists as to the rate of his pension, he should present the facts to the Bureau of Pensions, and an appeal will not be entertained in such case until after adverse action thereon has been taken by said Bureau. (Rule 6 of Rules of Practice before the Commissioner of Pensions.) The appeal in this case is dismissed for failure to comply with the foregoing rule. Jacob Oiler (Asst. Sec. Reynolds), 7 P. D., 411.

Contention as to rate of pension must be made primarily to the Commissioner of Pensions. George A. Brown (Asst. Sec. Reynolds), 8 P. D., 310.

Rule 6 of the second division of Rules of Practice in Pension Cases applies only when the appeal goes to the question, directly or collaterally, as to what rate, statutory or otherwise, shall be allowed, and not where the contention of the appeal is merely that pension should commence from a date prior to the allowance made. Andrew J. Deising (Asst. Sec. Reynolds), 8 P. D.,

Rule 6 of second division of the Rules of Practice has no application to cases where the rate fixed is the result of judg ment on the evidence, but was only designed to apply to errors patent on the face of the record and which would be naturally corrected by the Commissioner of Pensions when his attention was called to the error by the claimant. Charles Gokel (Asst. Sec. Reynolds), 8 P. D.,

17. Repeated appeals.

Repeated appeals of the same claim, based upon the same or merely cumulative evidence which does not affect the vital

17. Repeated appeals-Continued.

status of the claim, will not be considered. Morgan Gordon (Asst. Sec. Hawkins), 1 P. D., 188.

18. Reconsideration.

The mere filing of cumulative testimony, bearing on a claim as originally made and decided, is not a sufficient reason for disturbing such decision. John J. Fox (Asst. Sec. Hawkins), 1 P. D., 289.

The Department declines to consider evidence merely cumulative on a second appeal. Only newly discovered evidence will entitle a case to consideration upon a second appeal, such as would ordinarily entitle a party to a new trial on a rehearing under the well-known rules of practice in courts of law, except in cases of palpable error or mistake. Louis Ruch (Asst. Sec. Hawkins), 1 P. D., 390.

See also RES ADJUDICATA,

19. Reversals on appeal.

A preponderance of the evidence in favor of the claim should be very clear to justify a reversal of the decision adverse to it by the office specially charged by law with the examination of Tabitha McClure (Sec. C. B. Smith), 5 L. B. P., 24.

said claim.

20. Notice of decisions.

It has never been the practice of this Department to inform attorneys or claimants of the results of their appeals, though in exceptional cases it has been done; but the rule is always to return the papers with a decision, the purport of which is to be communicated to the appellant by the Pension Office, except in those cases wherein the decision is overruled by the Department. The exception as to the Department notifying of such decisions should not apply to those cases wherein the Pension Office, without any intervention on the part of the Department, abandons the position from which the appeal is taken. Rosanna Stewart (Sec. Chandler), 3 P. D. (0. s.), 453.

See also ACCRUED PENSION (Act of March 2, 1895); ATTORNEYS; FACE-BRIEF; JURISDICTION; MEDICAL REFEREE; RECONSIDERATION; RES ADJUDICATA; RERATING.

APPLICATIONS.

See ACCRUED PENSION; DECLARATIONS.

APPROPRIATION ACTS.

See ACCRUED PENSION (Acts of March 1, 1889, and June 30, 1890).

ARMY REGULATIONS-ARREARS.

ARMY REGULATIONS.

See SECRETARY OF WAR.

AROOSTOOK DISTURBANCES.

See BOUNTY LAND (Service).

ARREARS.

1. Generally.

2. Under act of June 16, 1880.

3. When original pension was under special act.

4. Navy and Marine Corps, under section 4757, Revised Statutes.

5. Accrued arrears on death of claimant.

6. Soldier must have applied to entitle widow.

7. Soldiers' Home not entitled.

8. Evidence as to disability-when required.

9. On restoration, from date of dropping.

1. Generally.

Appellant served in the army as hospital steward, and his right to pension accrued upon the passage of the act of June 6, 1866 (section 10), granting pension for such rank. His original application was filed November 20, 1869, within the time prescribed by the act of July 27, 1868, and his claim was adjudicated in August, 1876, to allow him pension from the date of his discharge from service: Held, That the acts of January 25 and March 3, 1879, do not, under the circumstances above set forth, confer right to any arrears of pension, and the rejection of his claim for such arrears is affirmed. Joseph H. Knight (Sec. Schurz), 6 P. D. (o. s.), 387.

Arrears of pension to date of a soldier's discharge from the service are allowable under the act approved March 3, 1879, on account only of independent or separate disabilities alleged, prior to July 1, 1880, of service origin; but the increase of a pension on account of an increase of disabilities is allowable for a pathological sequence of pensioned disabilities from the date only of the medical examination whereby, under section 46981, Revised Statutes, the increase of said disabilities is established. William S. Reagan (Asst. Sec. Bussey), 5 P. D.,

2. Under act of June 16, 1880.

Under act of June 16, 1880, arrears from June 17, 1878, should not be allowed for any period during which the pen. sioner was drawing a less rate than $50 per month. William T. Brown (Sec. Schurz), 8 P. D. (0. s.), 74.

3. Where original pension was under special act.

Arrears of pension can not be allowed where original pension was granted by special act. Edwin Woodson (Actg. Sec. Bell), 6 P. D. (o. s.), 120.

4. Navy and Marine Corps under sec. 4757, Revised Statutes. Beneficiaries under section 4757, Revised Statutes, are not entitled to arrears under the acts of January 25 and March 3, 1879. James W. Pierce (Sec. Schurz), 7 P. D. (o. s.), 233.

5. Accrued arrears on death of claimant.

Under acts of January 25 and March 3, 1879, the arrears due an invalid pensioner at date of death can only be paid as prescribed by section 4718, Revised Statutes. Peter Lyle (Sec. Schurz), 7 P. D. (o. s.), 41.

Arrears from date of soldier's death to the date of the commencement of mother's pension, settled under the limitations of act of July 27, 1868 (commencing from the date of filing of last essential evidence), can not be paid to the father, as section 4718, Revised Statutes, does not authorize the payment to a father of a soldier the pension which accrued to the mother. James Dees (Sec. Schurz), 6 P. D. (o. s.), 183.

Where a dependent mother pensioner died before the pas sage of the arrears acts of January 25 and March 3, 1879, the father of the soldier is not entitled to the pension which would have accrued and would have been paid to the mother, had she lived until the passage of said acts, to the date of her son's death. Jane S. Newell (Actg. Sec. Joslyn), 15 P. D. (0. s.), 42.

6. Soldier must have applied to entitle widow.

Arrears of pension, under acts of January 25 and March 3, 1879, from date of soldier's discharge to date of his death are not due to widow where soldier himself failed to make appli cation during his lifetime. Mary A. Lord (Sec. Schurz), 6 P. D. (0. s.), 174.

There is no law authorizing an executor or administrator of a deceased soldier, who during his lifetime never made application for the benefits provided in section 6, act of July 27, 1868, to receive arrears. Administrator of Louis A. Saunders (Sec. Cox), 7 L. B. P., 45.

7. Soldiers' Home not entitled.

Arrears under act of January 25, 1879, are not authorized to be collected by Soldiers' Home on assignment or otherwise. Atty. Gen. Devens, 16 Op., 374.

S. Evidence of disability-when required.

Where a claimant was granted arrears under the acts of January 25 and March 3, 1879, and objects to the rate of pension at which arrears was allowed, the Commissioner properly required him to furnish evidence as to the extent of his disability during the period for which said arrears was allowed. Charles H. Fisher (Sec. Schurz), 6 P. D. (o. s.), 191.

9. On restoration, from date of dropping.

A widow pensioner who is dropped from the rolls under the act of July 27, 1868, may be restored upon making satisfactory explanation of the intermission of her claim, and on such restoration she is entitled to arrears; but if dropped under the act of February 4, 1862, there is no authority for restoration, unless it may be implied authority in this Department to correct any error of the Secretary's, if it be shown to be an error of fact. In neither case does the act of June, 1866, have any application, as that act, commencing pension from the date of filing the last paper in the case, relates only to original and not restoration claims. Agnes Wheeler (Sec. Cox), 7 L. B. P., 18.

On review of above case it was found pension was dropped because of the limitation prescribed in the statute under which it was granted, being a five-year pension only, and the second claim was found to be an original claim under a subsequent act. It was accordingly held that the claim was subject to the act of June 6, 1866, as to commencement of pension thereunder. (8. c. (Sec. Cox)., ibid., 107.

See also ACCRUED PENSION; COMMENCEMENT; CONSTRUCTION OF LAWS; ELECTION; FRAUD AND MISTAKE; LIMITATION; MINORS; RATING; REDUCTION; RERATING; RESTORATION; SPECIAL ACT; VESTED RIGHT.

ARTICLES OF WAR.

See DESERTION.

ARTIFICIAL LIMBS.

1. Act of June 8, 1872, is still in force.

2. Act of June 18, 1874-when applicable.

1. Act of June 8, 1872, is still in force.

In view of the provisions of the act of March 1, 1875, making appropriation in regard to artificial limbs, it is held that the act of June 8, 1872, is not repealed by section 4787, Revised Statutes. Instructions (Actg. Sec. Cowen), 2 P. D. (o. s.), 460.