Institutions for the care of soldiers are entitled to the pensions of those inmates only who are pensioned for wounds or disabilities incurred in service, and not to the pension of one who is pensioned merely for service in the war of 1812. iam Mortimer (Actg. Sec. Cowen), 2 P. D. (o. s.), 181.

Will.

The pension certificates of pensioners who are inmates of National Military Homes should remain in the possession of the commandant until such pensioners cease to be permanent inmates of the Home in the manner prescribed by the regulations governing it, and such pension should continue to be paid for the use and benefit of such inmate's wife and child, although he may have deserted from such institution. George McFarland (Sec. Chandler), 3 P. D. (o. s.), 186.

See also ARREARS; PAYMENT.

SPECIAL ACT.

1. When rate, commencement, and duration are fixed by the act.
(a) When rank is indicated by the act.

2. Proof required under-identity.

3. As affected by act of June 6, 1874.

4. As affected by acts of January 25 and March 3, 1879.

5. Remarriage of widow prior to special act pensioning her.

6. Special act to soldier does not include his widow.

(a) Special act to widow does not include minors on her death.

7. Defects in.

1. When rate, commencement, and duration are fixed by the act.

Where a special act fixes the rate, date of commencement, and duration of pension such conditions are not subject to be varied by the general law, but if any of these conditions are not fixed in the special act the provisions of the general law are applicable. Hiram Hedrick (Sec. Delano), 1 P. D. (o. s.), 81.

When the rate, commencement, and duration of a pension allowed by special act are fixed by such act, they shall not be varied by the provisions and limitations of the general pension law. Caroline M. McDougal (Asst. Sec. Bussey), 3 P. D., 269.

1. When rate, commencement, and duration are fixed by the

act-Continued.

(a) When rank is indicated by the act.

The Commissioner of Pensions, when granting pension under a special act of Congress, must be governed by the terms of said act indicating the rank at which claimant is to be pensioned and by the medical examinations by which the degree of claimant's disability is determined. James H. Young (Asst. Sec. Hawkins), 1 P. D., 445.

2. Proof required under-identity.

Where a special act granted pension to the claimant, naming her, as the "mother" of the deceased soldier, when in fact she had only adopted him as her son, which fact is shown by the report of the House committee which had said act in charge, pension should be allowed her on proof of her identity. Mother of Moses Goodwin (Sec. Delano), 2 P. D. (o. s.), 218.

Where Congress grants pension by special act without any qualifications, the only proof required is proof of identity, and it is immaterial whether the soldier on whose account such pension was granted (in a mother's case) served in the rebel army, or how or when he was killed, or whether he ever contributed to his mother's support. Mother of William Hensley (Sec. Chandler), 3 P. D. (o. s.), 237.

Where a special act grants pension without qualifications, proof only of identity is required to show title thereunder, as in the case of Ann Hensley, 3 P. D. (o. s.), 237. Widow of E. W. Bartlett (Sec. Chandler), 3 P. D. (o. s.), 240.

Identity of beneficiaries under special act is sufficiently established in their claims under the general law, and no new declaration is required. Harvey Bush (Sec. Schurz), 7 P. D. (0. s.), 290.

3. As affected by act of June 6, 1874.

The act of June 6, 1874, "to equalize pensions in certain cases," refers exclusively to those who were, at the date of its passage, drawing pension under a special act at a less rate than that allowed under the general laws for the same disabili ties, and has no application to the case of one pensioned by special act subsequent to the passage of said act of June 6, 1874. Hardie Hogan Helper (Asst. Sec. Bussey), 4 P. D., 249.

4. As affected by acts of January 25 and March 3, 1879.

Pensions allowed under special act are not affected by acts of January 25 and March 3, 1879. Edwin Woodson (Actg. Sec. Bell), 6 P. D. (o. s.), 120.

4. As affected by acts of January 25 and March 3, 1879Continued.

There is nothing in the acts of January 25 and March 3, 1879, which can be construed as repealing or in any manner modifying section 4720, Revised Statutes, fixing the commencement of pensions in special-act cases. Richard Middleton (Actg. Sec. Bell), 8 P. D. (o. s.), 435.

See also ARREARS; LIMITATION.

5. Remarriage of widow prior to special act pensioning her. Where a widow remarried prior to the approval of the special act granting her pension, payment of pension under said act should be withheld a reasonable time for Congressional action and the facts reported to Congress. Widow of E. W. Bartlett (Sec. Chandler), 3 P. D. (o. s.), 240.

6. Special act to soldier does not include his widow.

Widow of soldier is not entitled to succeed to the rights of the invalid pensioned under a special act. Amelia A. Wilson (Sec. Schurz), 6 P. D. (0. s.), 44.

(a) Special act to widow does not include minors on her death.

Pensions under special act to widows do not extend to minors in case of the widow's death or remarriage, although said act allows the widow additional pension during the minor's minority, unless provision for such extension is made in the act. Minor of George W. Foster (Sec. Chandler), 3 P. D. (o. s.), 110.

A private act of Congress granting a widow's pension, if accepted by the beneficiary, precludes a minor from pension under the general law. Rufus H. Autry (Asst. Sec. Reynolds), 7 P. D., 130.

The widow was pensioned under a special act and allowed $2 per month additional for each of two minor children. Widow died July 1, 1889, and claimants applied for pension as minors under said act: Held, That the private act conferred a pensionable status on the widow, but not on the minors, and the rejection of the claim was proper and is affirmed. Minors of William Hackey (Asst. Sec. Reynolds), 7 P. D., 212.

The fact that the alleged widow of the soldier was pensioned by special act of Congress and the certificate included pension for herself and her minor children does not confer title upon said children to a continuance of such pension to them after her death, the special act having reference only to title in said alleged widow. Minors of Hartwell Trickey (Asst. Sec. Reynolds), 8 P. D., 84.

7. Defects in.

If there appear an error in the special act, as claimant may allege, said claimant must look to Congress for his remedy, and not to either the Secretary of the Interior or the Commis sioner of Pensions, neither of whom possesses any discretionary authority in the premises. James H. Young (Asst. Sec. Haw. kins), 1 P. D., 445.

If a special act of Congress is defective in any respect, the beneficiary's only remedy is to apply to Congress for relief. Citing James H. Young, 1. P. D., 445. Newton C. Ridenour (Asst. Sec. Hawkins), 2 P. D., 348.

See also ACCRUED PENSION; ARREARS; COMMENCEMENT; CONSTRUCTION OF LAWS; DESERTION; DOUBLE PENSION; ELECTION; INCREASE; MINORS; RESTORATION.

SPECIAL AGENTS.

See ATTORNEYS.

SPECIFIC DISABILITIES.

See AMPUTATION; COMMENCEMENT; DISABILITY; INCREASE; RATING.

SPIES.

See BOUNTY LAND (Service).

STATE AGENTS.

See ATTORNEYS.

STATE CORPORATIONS.

See ACCRUED PENSION (Reimbursement); GUARDIANS.

STATE TROOPS.

See BOUNTY LAND (Service); MILITIA.

STATUS (PENSIONABLE).

See COMMENCEMENT; COMMISSION; DESERTION; DISCHARGE; TITLE.

SUBSTITUTE.

See ATTORNEYS; BOUNTY LAND; EVIDENCE (Parol); SERVICE.

SUCCESSION OF TITLE.

See CONSTRUCTION OF LAWS; DEPENDENT RELATIVES; TITLE; WIDOWS.

SUICIDE.

See DEATH CAUSE.

SUPPORT, MEANS OF.

See DEPENDENT RELATIVES; WIDOWS.

SURGEONS.

See BOUNTY LAND (Service); CERTIFICATES; EXAMINATIONS; SERVICE.

SURGEON'S CERTIFICATE.

See EVIDENCE (Certificate of disability); ORIGIN (Evidence of).

SURRENDER OF CERTIFICATE.

See COMMENCEMENT.

SUSPENSION.

1. Under section 4739, Revised Statutes.

2. Under act of December 21, 1893.

3. Evidence on which based should be sworn to.

4. Effect of, as to payment.

1. Under section 4739, Revised Statutes.

Pursuant to section 4739, Revised Statutes, whenever it is discovered by the Pension Office that a pension has been granted illegally or through false or fraudulent representations, the papers should be submitted to this Department for appropriate action. Instructions (Sec. Chandler), 3 P. D. (0. s.), 130.

2. Under act of December 21, 1893.

The act of December 21, 1893, has no application to a case where suspension and resumption of payment had been accomplished prior to its passage. Increase in this case having been procured by fraud, the reduction was proper. David A. Wetherbee (Asst. Sec. Reynolds), 7 P. D., 562.