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DECISIONS AND OPINIONS

RELATING TO

PENSIONS AND BOUNTY LAND, ,

WITH

A SUPPLEMENT

( (ONTAINING

THE PENSION LAWS, ARRANGED AND CONSOLIDATED, THE BOUNTY-
LAND LAWS, LAWS ENACTED AND REPEALED SINCE MARCH 4,

1861, AND THE RULES OF PRACTICE AS TO APPEALS.

ALSO

AN HISTORICAL INTRODUCTION NARRATING THE ORIGIN AND
DEVELOPMENT OF THE PENSION SYSTEM, TABLES OF
CASES DIGESTED, CITED, AND OVERRULED, AND

OF STATUTES CITED AND CONSTRUED.

Prepared under the direction and supervision of

JOHN M. REYNOLDS,
Assistant Secretary of the Interior,

BY

WILLIAM L. CHITTY and JOHN W. BIXLER.

Members of the Board of Pension Appeals.

WASHINGTON:

GOVERNMENT PRINTING OFFICE.

OMISSIONS,

(NOTE.—These cases were onnitted from the body of the Digest, and should be inserted where

indicated.]

P. 53, preceding SUBTITLE 36, insert:

A claimant for pension may revoke a power of attorney for cause, such as neglect or failure on the part of the attorney to furnish evidence within a reasonable time in support of the claim; and such revocation is binding on the Commissioner of

Pensions. Milton F. Sweet (Asst. Sec. Bussey), 5 P. D., 267. P. 257, following claim of Rachel Marshall, insert:

Where two declarations, alleging different disabilities and filed by different attorneys, are pending simultaneously, such declarations should be adjudicated jointly and such attorneys be considered as joint attorneys, and the fee allowed be equally divided between them. Franklin B.Jercell (Asst. Sec. Bussey), 5 P. D., 285.

Overruled: 7 P. D., 183.

Where two declarations are filed by different attorneys in the same claim, the Commissioner should either recognize the first attorney alone, as entitled to prosecute the whole claim, or require the claimant's written consent to the recognition of both attorneys and an equal division between them of the fee.

In re James Leonard (Asst. Sec. Bussey), 5 P. D., 291. P. 273, preceding claim of Joseph Armstrong, insert:

The attorney in this claim was suspended on a charge of having received an illegal fee, and during his suspension the claim was completed. Subsequently the suspension was removed, the charge not being corroborated by any evidence, and the attorney having made affidavit as to his innocence: Held, That under rule 7 his fee should be paid him. In re

Virgil P. Gunsalus (Asst. Sec. Bussey), 5 P. 11., 126. P. 285, following claim of William Thurston, insert:

The fact that a claimant filed his first declaration in the name under which be served as a soldier, which was not his proper name, the second declaration being in his true namė, does not destroy the identity of the two declarations, nor affect the rights of the attorneys who filed the first declaration. James Leonard (Asst. Sec. Bussey), 5 P. D., 291.

P. 393, preceding SUBTITLE 2, insert:

A post chaplain in the Army may not receive both his pay as chaplain and pension for the same period. Delmer R. Lowell (Asst. Sec. Bussey), 5 P, D., 336.

P. 466, following claim of Robert W. P. Muse, insert:

A soldier's pensionable status both under the act of June 27, 1890, and under the act of January 29, 1887, is determined by the length of time for which he was paid for actual service. Albert K. Ransom (Asst. Sec. Bussey), 5 P. D., 183.

Overruled: 7 P. D., 235.

P. 478, as SUBTITLE 131, insert: 131. Chaplains.

Chaplains in the Regular Army are subject to the provisions of section 4724, Revised Statutes, as they are persons possess. ing office in the Army entitling to compensation, and are therefore the recipients of pay on account of rank or station in the service within the meaning of said section. Delmer R. Lowell (Asst. Sec. Bussey), 5 P. D., 336.

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