upon the list of invalid pensioners of the United States, and be entitled to receive a pension not exceeding twelve dollars per month and not less than six dollars per month, proportioned to the degree of inability to earn a support; and such pension shall commence from the date of the filing of the application in the Pension Office after the twenty-seventh day of June, eighteen hundred and ninety, upon proof that the disability then existed, and shall continue during the existence of the same: Provided, That persons who are now receiving pensions under existing laws, or whose claims are pending in the Pension Office, may, by application to the Commissioner of Pensions, in such form as he may prescribe, showing themselves entitled thereto, receive the benefits of this section; and nothing herein contained shall be so construed as to prevent any pensioner thereunder from prosecuting his claim and receiving his pension under any other general or special act: Provided, however, That no person shall receive more than one pension for the same period: And provided further, That rank in the service shall not be considered in applications filed under this section.

(c) If any officer or 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 has died, or shall hereafter die, leaving a widow without other means of support than her daily labor, or minor children under the age of sixteen years, such widow shall, upon due proof of her husband's death, without proving his death to be the result of his army service, be placed on the pension roll from the date of the application therefor under this section, at the rate of eight dollars per month during her widowhood, and shall also be paid two dollars per month for each child of such officer or enlisted man under sixteen years of age, and in case of the death or remarriage of the widow, leaving a child or children of such officer or enlisted man under the age of sixteen years, such pension shall be paid such child or children until the age of sixteen: Provided, That in case a minor child is insane, idiotic, or otherwise permanently helpless, the pension shall continue during the life of said child, or during the period of such disability, and this proviso shall apply to all pensions heretofore granted or hereafter to be granted under this or any former statute, and such pensions shall commence from the date of application therefor after the twenty-seventh day of June, eighteen hundred and ninety: And provided further, That said widow shall have married said soldier prior to the twenty-seventh day of June, eighteen hundred and ninety.

(d) No agent, attorney, or other person engaged in preparing, presenting, or prosecuting any claim under the provisions of this section shall, directly or indirectly, contract for, demand, receive, or retain for such services in preparing, presenting, or prosecuting such claim a sum greater than ten dollars, which sum shall be payable only upon the order of the Commissioner of Pensions, by the pension agent making payment of the pension allowed, and any person who shall violate any of the provisions of this section, or who shall wrongfully withhold from a pensioner or claimant the whole or any part of a pension or claim allowed or due such pensioner or claimant under this section, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall, for each and every such offense, be fined not exceeding five hundred dollars, or be imprisoned at hard labor not exceeding two years, or both, in the discretion of the court.

Res. Feb. 15,

(e) The provisions of this section are hereby extended to include 1895, Vol. 28, P. the officers and privates of the Missouri State Militia and the Provi

970.

Act

348.

Aug. 1892, Vol. 27,

5,

P

sional Missouri Militia who served ninety days during the late war of the rebellion, and were honorably discharged, and to the widows and minor children of such persons. The provisions of this section shall include all such persons now on the pension rolls or who may hereafter apply to be admitted thereto.

SEC. 183. PENSIONS TO ARMY NURSES OF THE CIVIL WAR.—(a) All women employed by the Surgeon-General of the Army as nurses, under contract or otherwise, during the late war of the rebellion, or who were employed as nurses during such period by authority which is recognized by the War Department, and who rendered actual service as nurses in attendance upon the sick or wounded in any regimental, post, camp, or general hospital of the armies of the United States for a period of six months or more, and who were honorably relieved from such service, and who are now or may hereafter be unable to earn a support, shall, upon making due proof of the fact according to such rules and regulations as the Secretary of the Interior may provide, be placed upon the list of pensioners of the United States and be entitled to receive a pension of twelve dollars per month and such pension shall commence from the date of filing of the application in the Pension Office after the fifth day of August, eighteen hundred and ninety-two: Provided, That no person shall receive more than one pension for the same period.

(b) No fee compensation, or allowance shall be paid to, received, or accepted by any agent, attorney, or other person instrumental in the prosecution of any claim for pension under this section, and any per son who may make any claim upon any applicant for any fee, compen sation, or allowance shall be guilty of a misdemeanor, and upon conviction shall be fined not exceeding five hundred dollars, or imprisoned at hard labor not exceeding one year, or both, in the discretion of the court; and it shall be the duty of the Interior and War Departments to render all proper aid to applicants under this section. SEC. 184. PENSION RESTORED TO CERTAIN NONRESIDENTS.-So 1895, Vol. 28, P. much of the fourth proviso of an Act entitled "An Act making appropriations for the payment of invalid and other pensions of the United States for the fiscal year ending June thirtieth, eighteen hundred and ninety-four, and for other purposes," approved March first, eighteen hundred and ninety-three, which reads as follows: "That from and after July first, eighteen hundred and ninety-three, no pension shall be paid to a nonresident who is not a citizen of the United States, except for actual disabilities incurred in the service," is hereby repealed.

Act

703.

45.

Act

Mar. 2,

Mar. 6, SEC. 185. COMMENCEMENT OF PENSION UNDER Act June 27, 1890.— 1896, Vol. 29, P. Whenever a claim for pension under the Act of June 27, 1890, has been, or shall hereafter be, rejected, suspended, or dismissed, and a new application shall have been, or shall hereafter be, filed, and a pension has been, or shall hereafter be, allowed in such claim, such pension shall date from the time of filing the first application, provided the evidence in the case shall show a pensionable disability to have existed, or to exist, at the time of filing such first application, anything in any law, or ruling of the Department to the contrary notwithstanding.

Act Mar. 13,

SEC. 186. PRESUMPTION OF DEATH FROM UNEXPLAINED ABSENCE.1896, Vol. 29, P. In considering claims filed under the pension laws, the death of an enlisted man or officer shall be considered as sufficiently proved if

57.

satisfactory evidence is produced establishing the fact of the continued and unexplained absence of such enlisted man or officer from his home and family for a period of seven years, during which period no intelligence of his existence shall have been received. And any pension granted under this Act shall cease upon proof that such officer or enlisted man is still living.

SEC. 187. RULE OF CONSTRUCTION FOR THIS ACT.-Nothing in this Act contained shall be so construed as to change or modify the provisions of existing laws but it shall be construed solely as a codification and orderly arrangement of the pension laws in force March fourth, eighteen hundred and ninety-seven.