51. Suspension-Continued.

(a) General instructions relative to-Continued.

prove to be groundless the charges on which such order for suspension was based he will not be further recognized as an attorney by the Pension Office or the Bureaus of the Interior Department.

(3) The proof submitted by such agent or attorney for removing the charges shall be forwarded to the Commissioner of Pensions, who shall have power, in his discretion, to require the personal certificate of the judge of the Federal court or of a State court of record having common-law jurisdiction within whose district such attorney resides, showing his character and standing, which certificate shall set forth the extent of the judge's acquaintance with said attorney and the sources of his information as to his character and standing; and shall finally report the case to the Secretary of the Interior, with his opinion thereon.

(4) Whenever the Commissioner of Pensions shall receive notice of suspension of an attorney or claim agent by the head of another Department, such notice shall be at once transmitted to the Department for its action.

No attorney shall be suspended or restored except by order of the head of the Department.

Instructions (Sec. Chandler), 9 L. B., Misc., 384.

(b) Employing disbarred attorney as agent.

Knowingly employing, after the publication of the departmental order of March 3, 1876, as to suspension of attorneys, a person as subagent or correspondent who has been prohibited from practice is sufficient ground for suspension. Gustave Arnheim (Actg. Sec. Gorham), 9 L. B., Misc., 418.

See also SUBTITLES: DISBARMENT; NOTICE; POWER OF ATTORNEY (Revocation).

52. Title to practice.

Where a person files a declaration at a time when he is not entitled to practice in the Bureau, and is subsequently admitted to practice, the rights of no third person intervening, and subsequent to his admission he has rendered material service, and is otherwise entitled, on the allowance of the claim a fee should be paid to him. Ida B. Higgins (Asst. Sec. Reynolds), 8 P. D., 232.

53. Transfer.

See SUBTITLES: ASSIGNMENT; SUBSTITUTION.

See also APPEALS; BOUNTY LAND; COPIES OF PAPERS; DECLARATIONS; ELECTION; EVIDENCE (Affidavits); FEE; RECONSIDERATION.

BAR TO PENSION.

See ADULTEROUS COHABITATION; CITIZENSHIP; COMMENCEMENT (Special act); CONTRIBUTORY NEGLIGENCE; DESERTION; DISCHARGE (Dishonorable); DOUBLE PENSION; ELECTION; ILLEGITIMACY; LIMITATION; PAY AND PENSION; REMARRIAGE; RETIRED OFFICERS.

BIENNIAL EXAMINATIONS.

See CERTIFICATES; EXAMINATIONS.

BLACK HAWK WAR.

See BOUNTY LAND.

BLINDNESS.

Where a person is so nearly blind that there is only percep tion of light in one eye, but total inability to see objects, he is "totally blind" within the meaning of the act of June 17, 1878, as amended by the act of March 3, 1879. John W. Anthony (Asst. Sec. Bussey), 4 P. D., 165.

See also DISABILITIES; EVIDENCE.

16. Half-pay commutation.

17. Insane and imbecile claimants.

18. Minors.

19. Mothers.

20. Patents.

21. Reinstatement.

22. Scrip.

23. Service-generally.

(a) Must have been in a war.

(b) Must have been prior to March 3, 1855.
(c) Length of.

(d) Acting assistant or contract surgeons.

(e) Black Hawk war.

(f) "Cherokee removal."

(g) "Constitution," U. S. S., service on.
(h) "Creek disturbances."

(i) Dispatch bearer.

(j) Evidence.

(k) Florida.

(1) Indians.

(m) Indian wars: "Rogue River," "Navajo and Apache," and "Apache."

(n) Marine Corps.

(0) Militia.

(p) Muster-in.

(q) Negroes.

(r) New Mexico.

(8) "Northeastern" or "Aroostook" disturbances (Maine).

Claim for bounty land can be valid only on one of the following conditions: First, soldier must have been regularly mus tered into the United States service; second, that his services were paid for by the United States; or, third, that he served

1. Title, generally-Continued.

with the armed forces of the United States, subject to the military orders of a United States officer. Betsey Weed (Sec. Schurz), 5 P. D. (o. s.), 92.

(a) Under act of December 10, 1814.

Where a soldier was so distant that the order of February 15, 1815, to stop recruiting, could not, with the imperfect means of communication then available, have reached the officer who enlisted him by February 20, the day of enlistment, a fair contract was made by the Government which the soldier was required to fulfill, and, as he complied with the requirement, he is entitled under the act of December 10, 1814. John Porter (Sec. Stuart), 2 L. B. P., 107.

(b) Under act of April 16, 1816.

A person who enlisted as a soldier in the war of 1812, and served as such until commissioned, but who resigned his com mission before the close of the war, is entitled, under the act of April 16, 1816, to bounty land, provided the enlistment was for five years or during the war. Atty. Gen. Wirt, 1 Op., 273.

(c) Under act of February 11, 1847.

To show title under section 9 of the act of February 11, 1847, a claimant must show his enlistment and regular muster into service; that he continued in the service for twelve months, and that he was honorably discharged therefrom, or, if discharged before twelve months of service, that such discharge was due to wounds or sickness due to service. Atty. Gen. Clifford, 4 Op., 718.

Those entitled to bounty land under the ninth section of the act of February 11, 1847, are (1) those of the Regular Army enlisted for twelve months or for a longer period; volunteers regularly mustered into a volunteer company "who have served or may serve during" the war with Mexico, and are then, at the end of the war, discharged; (2) those killed or dying of wounds received or sickness incurred in the course of such service, and (3) those who are discharged before the expiration of their term of service "in consequence of wounds received or sickness incurred in the course of such service." Atty. Gen. Johnson, 5 Op., 147.

Title to bounty land, under the act of February 11, 1847, is not impaired by the promotion, in May, 1847, to be a com missioned officer, before the expiration of his enlistment, of a private who subsequently continued in the service to the end of the war. Charles Krohne (Sec. Ewing), 1 L. B. P., 115.

1. Title, generally-Continued.

(c) Under act of February 11, 1847—Continued.

Title to bounty land, under act of February 11, 1847, is acquired by soldiers who were mustered into service, were paid for service, and were honorably discharged by officers of the United States. Communication (Sec. Stuart), 2 L. B. P., 1053.

The act of February 11, 1847, applies only to (1) soldiers who were living at the date of its passage and were then in the enlisted service; (2) those who thereafter enlisted, and (3) the family or relatives of such only. Matilda Kerren (Asst. Sec. Reynolds), 7. P. D., 443.

(d) Under act of September 28, 1850.

Com

Persons who have received bounty land under any previous act are not entitled under act of September 28, 1850. munication to Thomas D. Brown (Sec. Stuart), 2 L. B. P., 27.

(e) Under act of March 3, 1855.

Title to bounty land is acquired, under the act of March 3, 1855, not only by militia or volunteers serving under the general command of the United States and in time of war, but also by those rendering military service, whether in war or not, and whether under the authority of the United States, or of a State or Territory, if the United States has paid for the service. Service rendered in removing the Cherokee Indians is embraced by the act and gives title. Atty. Gen. Cushing, 7 Op., 606.

The act of March 3, 1855, applies (1) to those soldiers living at the date of its passage, and (2) to the widow or children of those who had died prior thereto. Matilda Kerren (Asst. Sec. Reynolds), 7 P. D., 443.

2. Accrued rights-section 5597, Revised Statutes.

The provisions of the act of February 11, 1847, allowing bounty land to the fathers, mothers, brothers, and sisters of enlisted men in the Regular Army, are not repealed by the provisions of sections 2418 and 5596, Revised Statutes, but their rights under the act of February 11, 1847, and May 27, 1848, are accrued rights, and are reserved by section 5597, Revised Statutes. Mary J. Furnish (Sec. Schurz), 6 P. D. (o. s.), 283; Thomas Bales, ibid.

If a claimant was entitled to bounty land under the law as it existed prior to the passage of the Revised Statutes, his right still exists by virtue of section 5597, Revised Statutes. Daniel S. Lockridge (Asst. Sec. Hawkins), 2 P. D., 368.