14. Civilian employees and nonenlisted men-Continued. (a) Generally-Continued.

the United States and are not entitled to bounty land. John C. Turner (Sec. Schurz), 7 P. D. (o. s.), 69.

See also BOUNTY LAND, 22 (gg).

It being shown that this soldier was not an enlisted man, but volunteered for the time being to serve at the battle of Newbern, N. C., in which engagement he was injured, and died in 1879 without having applied for a pension. His widow is not pensionable, as her claim was not filed prior to July 4, 1874, as required by the third subdivision of section 4693, Revised Statutes. Widow of Erastus G. Dayton (Sec. Kirkwood), 9 P. D. (o. s.), 23.

Members of a company formed voluntarily by a number of civilians (quartermaster's clerks, sutlers, camp followers, etc.), who accompanied General Scott's army into the valley of Mexico during the Mexican war, to serve only during the then existing military crisis and approaching contest of arms before and at the City of Mexico, and were disbanded without ceremony immediately after the capture of that city, "were not duly enlisted" nor "honorably discharged," within the meaning of the act of January 29, 1887, and are not pensionable under said act, although their services were accepted by a commanding general, and an officer of the Regular Army was detailed to command said companý. Widow of Pierre N. Kennerly (Asst. Sec. Hawkins), 2 P. D., 265.

Reconsidered and adhered to by the same Assistant Secretary, L. B., Jb., 186.

Service in a temporary organization of teamsters, traders, and camp followers accompanying Colonel Doniphan's command in the campaign known as "Doniphan's Expedition," to meet a military emergency which arose near Chihuahua, Mexico, which organization was disbanded and the members discharged as soon as such emergency passed, is not pensionable service and the members thereof were not "duly enlisted" in said service in the Mexican war. Citing and following Florida Kennerly, 2 P. D., 265; adhered to April 13, 1889, L. B. "Ib," 186. Richard C. Cabeen (Asst. Sec. Bussey), 4 P. D., 83.

A person employed as a civilian in special service under orders of a commanding general must, to be pensionable, prosecute his claim to a successful issue prior to July 4, 1874; otherwise, he is debarred from pension. Hardie Hogan Helper (Asst. Sec. Bussey), 4 P. D., 249.

Claimant took the place of his brother in the ranks of a regiment in the service of the United States, but was never enlisted or mustered. He is not pensionable under section

14. Civilian employees and nonenlisted men-Continued. (a) Generally-Continued.

4693, Revised Statutes, for a wound received while servnig with said command, his declaration not having been filed prior to July 4, 1874, as he was not an officer nor enlisted man. Henry M. Bell (Asst. Sec. Bussey), 5 P. D., 196.

The widow of a nonenlisted man killed in battle with rebels is not pensionable under the third subdivision of section 4693, Revised Statutes, unless her claim was prosecuted to a successful termination prior to July 4, 1874. Maria C. Worthington (Asst. Sec. Bussey), 5 P. D., 203.

A pilot serving on a vessel of the Navy is not an officer nor enlisted man, and neither is he nor his widow entitled to pension under the act of June 27, 1890. Susannah, widow of Francis Mackey (Asst. Sec. Reynolds), 8 P. D., -.

The third paragraph of section 4693, Revised Statutes, spe cially provides pension for nonenlisted men wounded or injured in a battle or other temporary service, upon the condition that the claim for pension be filed and successfully prosecuted prior to July 4, 1874. Ibid.

A claimant who is pensioned for disability incurred in the service and line of duty is not entitled to additional pension on account of a wound received after his discharge from the service while arresting a deşerter, though acting under written orders from an acting provost-marshal, for the reason that he was not at the time of receiving said wound an officer or enlisted man in the Army, Navy, or Marine Corps, nor a provost-marshal, deputy provost-marshal, or enrolling officer. Samuel McCann (Asst. Sec. Reynolds), 8 P. D., 286.

(b) Enrolling officers.

Enrolling officers who served during the war of the rebellion are regarded as having been employed in the civil branch of the service, and are not included within the terms of section 2 of the act of June 27, 1890. James M. Barnes (Asst. Sec. Reynolds), 8 P. D., 94.

Pension under section 2 of the act of June 27, 1890, is limited to persons regularly enlisted or mustered into the military or naval service of the United States, who served therein for ninety days or more during the late war of the rebellion, and were honorably discharged therefrom. Ibid.

(c) Medical, Subsistence, and Quartermaster's Departments.

An employee of the Subsistence Department who was injured in a skirmish with Indians in Kansas while in charge of a sub

14. Civilian employees and nonenlisted men-Continued. (c) Medical, Subsistence, and Quartermaster's Departments-Continued. sistence train is not within the purview of the ninth section of the act of July 4, 1864. John E. Harbert (Actg. Sec. Cowen), 1 P. D. (o. s.), 12.

Under the Attorney-General's holding of February 24, 1881, adhering to decision of Attorney-General Toucey, (5 Op. 51), it logically follows that persons connected with the Medical, Subsistence, and Quartermaster's Departments should be regarded as within the civil branch of the service; and therefore pension may not be withheld for the period of this pensioner's service as provost-marshal, Nineteenth Congressional district, Pennsylvania. H. S. Campbell (Sec. Schurz), 8 P. D. (0. 8.), 85.

Com

Nonenlisted men, e. g., quartermaster's employees, are not pensionable under section 2 of the act of June 27, 1890. munication (Asst. Sec. Bussey), 4 P. D., 136.

(d) Mississippi Marine Brigade.

The captains, pilots, engineers, etc., of the Mississippi Marine Brigade were not mustered into the military or naval service, and are not, therefore, pensionable. John G. Coney (Sec. Delano), 2 P. D. (0. s.), 35.

(e) Packhorsemen.

The application of widow for pension under act of March 9, 1878, based upon service of husband as a pack horseman, as he must be regarded as civil employee and not included in the provisions of said act, must be rejected. The granting of bounty land in this case does not show prima facie title to pension. Elizabeth McCoy (widow) (Actg. Sec. Bell), 7 P. D. (0. s.), 194.

(f) Teamsters.

Teamsters of the Quartermaster's Department serving in the war of 1812 not entitled to pension. Tryphene (Sec. Schurz), 5 P. D. (o. s.), 291.

Teamsters employed in Quartermaster's Department in the Mexican war were civilian employees and are not pensionable under the act of January 29, 1887. Samuel P. Tate (Asst. Sec. Hawkins), 1 P. D., 449.

Quotes, as precisely similar, and follows Samuel P. Tate, 1 P. D., 449. John F. Dissman (Asst. Sec. Hawkins), 2 P. D., 19.

15. Contract and civil surgeons.

A contract surgeon on entering the service was ordered to duty in a post hospital at a distant place, and in obedience

13201-31

15. Contract and civil surgeons-Continued.

to the order went aboard a steamer to proceed thither, but before the departure of the boat became too sick to go on and was removed to a hospital, where he died in a few days of typhoid fever, leaving a dependent mother, but no widow or child: Held, That under the provisions of sections 4692, 4693, and 4707, Revised Statutes, the dependent mother is entitled to be enrolled as a pensioner, on the ground that the deceased, when taken down with sickness, was "in transitu" under orders. Actg. Atty. Gen. Phillips, 17 Op., 457.

A civil surgeon detailed as hospital surgeon by the governor of a State at the request of the Surgeon-General is not pensionable. Charles Hodge, jr. (Sec. Delano), 2 P. D. (o. s.), 348.

The mother of an acting assistant or contract surgeon who died before reaching his post of duty is not pensionable, as he did not contract his fatal disease under the conditions named in section 4693, Revised Statutes. Mother of S. S. Bicknell (Sec. Delano), 9 P. D. (o. s.), 247.

Contract surgeons having been made pensionable by the acts approved March 3, 1865, and March 3, 1873, are likewise pensionable under section 2 of the act of June 27, 1890. Richard Mace (Asst. Sec. Bussey), 5 P. D., 16.

Overruled: 7 P. D., 408.

Service as acting assistant or contract surgeon during the. war of the late rebellion is not such military service as is contemplated by section 2 of the act of June 27, 1890, and confers no pensionable rights under said act. The case of Richard Mace, 5 P. D., 16, overruled. Henry Cushman (Asst. Sec. Reynolds), 7 P. D., 408.

A contract surgeon is not pensionable under the act of June 27, 1890. Case of Richard Mace, 5 P. D., 16, is overruled in so far as it indicates a contrary opinion. Annie E. Few (Asst. Sec. Reynolds), 8 P. D., 95.

16. Drafted men and substitutes.

The records showing the name of the alleged principal is borne thereon without any mention of the service having been performed by substitution, parol evidence is not admissible to prove the alleged service by substitution. Abimael K. Rives (Actg. Sec. Cowen), 2 P. D. (o. s.), 208.

See also EVIDENCE.

Where a son took his father's place in the ranks, serving thereafter under his father's name, reenlisted as a veteran volunteer and was finally mustered out as such volunteer, he is pensionable for injuries received in line of duty in his second

16. Drafted men and substitutes-Continued.

service, notwithstanding that he served under another than his own name and was never enlisted in the first service. Christian, alias Ernest Ulrich (Asst. Sec. Bussey), 4 P. D., 411.

Where a claimant who was drafted for one year's service failed to appear and was arrested as a deserter, was tried, convicted, and sentenced to forfeit all pay and allowances then due or to become due to the date of the promulgation of the sentence, and thereafter to be assigned to some regiment in the field to serve one year from the date of joining the same, the legal effect of said sentence was to postpone the commencement of his pensionable military service until his assignment to some regiment in the field, in accordance with said sentence; and where so much of said sentence as directed him to be assigned to some regiment in the field was never carried into effect, his prospective military service never commenced, and any disability incurred by claimant can not be considered as having been incurred in the line of duty. Obediah P. Hankin son (Asst. Sec. Reynolds), 7 P. D., 227.

When a drafted man or substitute was examined and accepted by a board of enrollment in the draft district, under the draft act of 1863, he was in the United States service until discharged as any other soldier might be. Appellant's husband, the soldier, was a substitute, accepted by the board of enrollment of the Sixth district of Indiana and mustered into the service of the United States by the provost-marshal of said district September 26, 1864, was sent to the general draft rendezvous at Indianapolis, Ind., again examined by a board of inspectors, rejected, and discharged from the service January 20, 1865, upon a surgeon's certificate to the effect that disability existed at enlistment. It is held upon the opinion of the Judge Advocate-General of the Army that said soldier was in the service of the United States from the date of his acceptance by the board of enrollment to date of his discharge for disability. Elizabeth H. Poland (Asst. Sec. Reynolds), 8 P. D., 266.

17. Hospital and other stewards.

A steward serving on board a ship, borne on its books as one of the crew, and amenable to martial law, is a seaman within the meaning of the pension laws so as to entitle his widow to pension, but such a case is entirely distinguishable from that of hospital steward. Atty. Gen. Butler, 3 Op., 292.

A temporary detail to perform clerical duty can not be regarded as a transfer to the civil branch of the service. A hospital steward is regarded as belonging to the military branch