Sec. 2. Rate and Duration, 1092. 3. Proof of Right- Perjury Loss of Certificate of Discharge, 1092. 4. Application of Act Existing Pensions, 1093. 5. Existing Laws Applicable, 1093. 6. Persons Engaged in Rebellion Not Excluded, 1093. Act of Aug. 5, 1892, ch. 379, 1093. Sec. 1. Pensions to Army Nurses, 1093. 2. Agents Prosecuting Claims Not to Receive Fees, 1094. Act of Jan. 5, 1893, ch. 18, 1094. Increase of Mexican War Pensions, 1094. Act of Feb. 3, 1893, ch. 58, 1094. Residence Proof of Citizenship of Indian War Pensioner, 1094. Act of Dec. 21, 1893, ch. 3, 1095. Pension, a Vested Right Cannot Be Suspended or Withheld without Hearing On Notice, 1095. Act of July 18, 1894, ch. 141, 1096. Inspection of Examining Surgeons' Report, 1096. Res. of Feb. 15, 1895, No. 13, 1096. Missouri State Militia to Have Benefit of Dependent Pension Laws, 1096. Act of March 2, 1895, ch. 161, 1096. Minimum Rate of Future Pensions, 1096. Act of March 2, 1895, ch. 193, 1097. Accrued Pensions Payment - Not Assets of Estate, 1097. Act of March 6, 1896, ch. 46, 1099. Pension to Date from First Application, 1099. Act of March 13, 1896, ch. 54, 1099. Soldier's Death Presumed after Seven Years' Unexplained Absence, 1099. Act of Feb. 17, 1897, ch. 248, 1100. Pensions to Gray's Battalion, Arkansas Volunteers, 1100. Act of March 14, 1898, ch. 60, 1100. Pensions Not to Be Paid Nonresidents on Powers of Attorney, 1100. Act of April 18, 1900, ch. 244, 1100. Persons Aiding Rebellion Afterwards Serving in War with Spain, 1100. Act of April 23, 1900, ch. 251, 1101. Extension of Provisions for Increase of Mexican War Pensions, 1101. Act of June 27, 1902, ch. 1156, 1101. Extension of Provisions of Indian Wars Pension Act, 1101. Res. of July 1, 1902, No. 42, 1102. Sec. 1. Construction of Disability Pension Act of June 27, 1890, ch. 634, 1102. 2. Effect of Final Honorable Discharge, 1102. Act of Jan. 15, 1903, ch. 190, 1103. Increase of Pension for Total Deafness, 1103. Acts of Feb. 28, 1903, ch. 858, 1104. Sec. 2. Widows Entitled to Pension Who Failed to Draw Pension because of Remarriage, 1104. 3. Agents' Fees Prohibited, 1104. Act of March 2, 1903, ch. 977, 1104.. Increase of Pension for Loss of Limbs, 1104. Act of March 3, 1903, ch. 1021, 1105. Increase of Mexican War Pensions, 1105. Act of April 8, 1904, ch. 945, 1105. Increase of Pension for Total Blindness, 1105. Act of March 3, 1905, ch. 1483, 1105. Sec. 1. Investigation of Burial Expenses · Use of Accrued Pensions, 1105. Act of Feb. 6, 1907, ch. 468 ("Age Law," "McComber Act," "Service Pension Act"), 1106. and Mexican Wars Sec. 1. Pensions- Allowed at Age of Sixty-two for Service in Civil 2. Rank in Service Not Considered, 1106. 3. Agents Not Entitled to Compensation, 1107. Act of March 4, 1907, ch. 2920, 1107. Age Made Permanent Specific Disability, 1107. Act of May 28, 1908, ch. 208, 1107. Soldiers' Homes, etc.- Payments to Inmates of, Direct, 1107. Inspection of Reports of Special Examiners, 1108. Pay for Securing Special Legislation - Penalty, 1108. Act of April 19, 1908, ch. 147 (" Widows' Pension Act" or the "Sulloway Act"), 1109. Sec. 1. Increase of Pensions to Widows and Minors, 1109. 2. Widows of Soldiers and Sailors Who Served 90 Days, etc., 1109. 3. Attorneys', etc., Fees Restricted, 1109. Act of May 30, 1908, ch. 230 ("Texas Volunteer Pension Act"), 1110. Indian Wars Pensions for Service in, Extended to Texas Volunteers, etc. Surviving Widows Included Proofs with Attorneys, 1110. Act of March 4, 1909, ch. 302, 1110. Additional Pension because of Helpless Child Reimbursement for Burial, etc., Expenses, 1111. Res. of Feb. 27, 1911, No. 13, 1111. Contracts Prior Rate to Military Records - Proviso in Laws Correcting, Not to Prevent Act of May 11, 1912, ch. 123 ("Old Age Pension Act."), 1111. 3. Fees for Services Limited to Applications for Original Pension, 1112. 4. Pensioners Included, 1113. 5. Record of Pensions Granted Tabulations - Increase with Advancing Age without Further Application, 1113. Act of Aug. 17, 1912, ch. 301, 1113. Sec. 1. Agents Abolished, 1113. 2. Arrangement of Pensioners in Groups Payments Quar terly Fractional Payments, 1114. Sec. 3. Checks without Separate Vouchers to Be Sent Pensioners — Delivery of Pension Mail by Postal Authorities Restricted, 1114. 4. Punishment for Forging, etc., Checks, 1115. 6. Payment Due Inmates of Volunteer Soldiers' Homes, 1115. Act of Feb. 19, 1913, ch. 59, 1115. Indian War Pensions Rate Increased, 1115. Act of March 3, 1915, ch. 83, 1116. Sec. 1. Double Pensions for Death or Injury Resulting from Aviation III. Artificial Limbs and Trusses, 1116. R. S. 4787. R. S. 4788. R. S. 4789. R. S. 4791. Artificial Limbs, etc., to Be Furnished Every Three Years, 1116. Commutation Rates in Money Value for Limb, etc., 1117. Transportation for Persons to Whom Artificial Limbs are Act of Aug. 15, 1876, ch. 300, 1118. Sec. 1. Artificial Limbs, How Furnished or Commuted, 1118. Act of March 3, 1891, ch. 542, 1119. Commutation for Artificial Limbs No Fee to Agent, 1119. R. S. 1177. Application for Truss, 1119. R. S. 1178. Trusses, Purchase of, 1119. Act of March 3, 1879, ch. 173, 1119. Trusses, to Whom Furnished, 1119. Act of May 27, 1908, ch. 200, 1120. Permanent Appropriation for Trusses Repealed-Estimates, 1120. CROSS-REFERENCES In Coast Guard Service, see COAST GUARD. To Inmates of Government Soldiers' Homes and Insane Hospitals, see Authority of Secretary of Interior, see INTERIOR DEPARTMENT. Relief from Charge of Desertion, see NAVY; WAR DEPARTMENT AND False Demand or Fraudulent Power of Attorney, see PENAL LAWS. I. COMMISSIONER OF PENSIONS Sec. 470. [Commissioner of Pensions.] There shall be in the Department of the Interior a Commissioner of Pensions, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be entitled to receive a salary of four thousand dollars a year. [R. S.] Act of March 2, 1833, ch. 54, 4 Stat. L. 619, 622; Act of March 3, 1835, ch. 46, 4 Stat. L. 779; Act of March 3, 1837, ch. 43, 5 Stat. L. 187; Act of March 4, 1840, ch. 4, 5 Stat. L. 369, 370; Act of Jan. 20, 1843, ch. 4, 5 Stat. L. 597; Act of Jan. 14, 1846, ch. 4, 9 Stat. L. 3; Act of Jan. 19, 1849, ch. 20, 9 Stat. L. 341; Act of March 3, 1873, ch. 226, 17 Stat. L. 508. Sections 470-474 constitute chapter 5 ("The Commissioner of Pensions") of title 11 ("The Department of the Interior") of the Revised Statutes. The salary of the Commissioner has been increased from time to time. The Legislative, Executive, and Judicial Appropriation Act of March 4, 1915, ch. 141, 38 Stat. L. 1031, provided for a Commissioner, $5,000." For provisions relating to the authority of the Secretary of the Interior, see INTERIOR DEPARTMENT, vol. 3, p. 944. Judicial functions of pension bureau.The pension bureau is not a court nor are its officers invested with judicial functions. In re McLean, (E. D. N. Y. 1888) 37 Fed. 648. Commissioner as United States officer.The commissioner of pensions is an officer of the United States. U. S. r. Van Leuven, (N. D. Ia. 1894) 62 Fed. 62. Commissioner as head of department.Although the commissioner is an officer of the United States, he is not the head of the department within the meaning of article 2 of the Federal Constitution. U. S. v. Germaine, (1878) 99 U. S. 508, 25 U. S. (L. ed.) 482; U. S. r. Van Leuven, (N. D. Ia. 1894) 62 Fed. 62. Nature of power of Interior Department. "Nothing is plainer than that the interior department is a special tribunal of judicial or quasi-judicial powers, appointed by law to ascertain and determine all the facts and to adjudicate and allow a pension to the party entitled, and that its action is final and conclusive." U. S. v. Scott, (S. D. Ohio 1885) 25 Fed. 470. Sec. 471. [Duties of the Commissioner.] The Commissioner of Pensions shall perform, under the direction of the Secretary of the Interior, such duties in the execution of the various pension and bounty-land laws as may be prescribed by the President. [R. S.] Act of March 2, 1833, ch. 54, 4 Stat. L. 619, 622; Act of March 3, 1835, ch. 46, 4 Stat. L. 779; Act of March 3, 1837, ch. 43, 5 Stat. L. 187; Act of March 4, 1840, ch. 4, 5 Stat. L. 369, 370; Act of Jan. 20, 1843, ch. 4, 5 Stat. L. 597. Nature of office." The commissioner of pensions is the officer provided by law in whose hands the President, as the executive head of the nation, shall place this part of the administration, to wit, the execution of the pension and bounty land laws." Pensions, (1882) 17 Op. Atty.Gen. 339. Duties of commissioner. The commissioner of pensions is generally charged with the administration of the pension laws subject to the supervision of the Secretary of the Interior. U. S. v. Scott, (S. D. Ohio 1885) 25 Fed. 470; (1882) 17 Op. Atty.-Gen. 339; (1888) 19 Op. Atty. Gen. 210; Stokely r. De Camp, (1849) 2 Grant Cas. (Pa.) 17. The commissioner of pensions is subject by law to the direction and control of the Secretary of the Interior. Medkirk v. U. S., (1910) 45 Ct. Cl. 395. By R. S. sec. 4744, infra, p. 1035, the commissioner is specifically charged with the duty of making special examinations into the merits of pension claims, whether pending or adjudicated, and to aid in the prosecution of any parties who may appear on such examination to be guilty of fraud in the prosecution or procuring of such claims. (1888) 19 Op. Atty.-Gen. 210. Conclusiveness of commissioner's rulings. The rulings of the commissioner of pensions are not conclusive upon the government nor is he a judicial officer, and where a pension is granted by him upon improper or fraudulent evidence the money thereafter paid by the govern ment on such pension may be recovered back. U. S. t. Lalone, (E. D. Wis. 1890) 44 Fed. 475. Power of judiciary. The whole matter of ascertaining, determining, and certifying the gratuity authorized to be bestowed on account of military service is confided to certain executive officers and nowhere to the judiciary. No right to a pension is fixed until those officers declare it so. If they decide against the right there is no appeal from that decision except to Congress. Daily v. U. S., (1881) 17 Ct. Cl. 145. Appellate power of courts.-Where the commissioner of pensions has not refused to act or decide, but has adopted an interpretation of the law and his decision is confirmed by the Secretary of the Interior, the courts will not interfere by mandamus, as they have no appellate power over the commissioner and no right to review his decision. Such decisions are made in the exercise of his official functions and are by no means merely minis terial acts. U. S. v. Black, (1888) 128 U. S. 40, 9 S. Ct. 12, 32 U. S. (L. ed.) 354. Jurisdiction of Court of Claims.— The Court of Claims has no jurisdiction to hear and decide an action for a pension even though founded upon a certificate issued by the commissioner of pensions. Cole v. Ú. S., (1894) 29 Ct. Cl. 50. Review by Secretary of Interior.- In U. S. r. Black, (1888) 128 U. S. 40, 9 S. Ct. 12, 32 U. S. (L. ed.) 354, it was held that an appeal might be had to the Secretary of the Interior from a decision of the commissioner. This case was cited in Knight . U. S. Land Ass'n, (1891) 142 U. S. 161, 12 S. Ct. 258, 35 U. S. (L. ed.) 974, in connection with the obiter statement that, while there is no express power given to the Secretary of the Interior to hear such appeals, yet the power is exercised without question. Review by President. There can be no appeal to the President from a decision of the commissioner. (1846) 4 Op. Atty.Gen. 515. Mandamus to enforce directions of Secretary of Interior.- An appeal may be had to the Secretary of the Interior from a decision by the commissioner of pensions, but the Secretary has no power to enforce his decisions by mandamus, and a resort to a judicial tribunal would seem to be necessary in order to afford a remedy to the party injured by the refusal of the commissioner to carry out the decision of the Secretary. If "the commissioner of pensions refuses to carry out the decision of his superior officer there would seem to be prima facie ground for at least calling upon him to show cause why a mandamus should not issue." U. S. v. Black, (1888) 128 U. S. 40, 9 S. Ct. 12, 32 U. S. (L. ed.) 354. Mandamus to commissioner with discre tionary power.- Where the Secretary of the Interior has instructed the commissioner of pensions to issue a certain pension, but has left open the question of the construction of the Act of June 16, 1880, ch. 236, infra, p. 1074, and the determination of the petitioner's rights to an increase of pension thereunder, and where the commissioner has fulfilled all the specific instructions of the Secretary, but has determined that the petitioner was not entitled to an increase of pension under that Act, mandamus will not lie to compel the commissioner to grant such increase on the ground that he has failed to obey the instructions of the Secretary. U. S. v. Raum, (1890) 135 U. S. 200, 10 S. Ct. 820, 34 U. S. (L. ed.) 105. Powers of accounting officers. It is not within the province of the accounting officers of the Treasury to construe the pension laws and give instructions to pension agents as to the payment of pensions. This properly belongs to the commissioner of pensions, whose duty it is, under the direction of the Secretary of the Interior, to administer these laws. (1882) 17 Op. Atty.-Gen. 339. Removal of clerks. When the head of the pension department, acting within his discretion as to capacity between several clerks, removes a clerk, his conduct cannot be reviewed by the court. Medkirk v. U. S., (1910) 45 Ct. Cl. 395. Reports. When the reports which are required of the head of the department of pensions are ratified by the Secretary of the Interior they become the act of the Secretary, and judicial notice must be taken of these regulations and the practice of the department under them. Medkirk v. U. S., (1910) 45 Ct. Cl. 395. Sec. 472. [Deputy Commissioner.] There shall be in the Department of the Interior a Deputy Commissioner of Pensions, who shall be appointed by the President, by and with the advice and consent of the Senate, who shall be charged with such duties in the Pension Bureau as may be prescribed by the Secretary of the Interior, or may be required by law, and in case of death, resignation, absence, or sickness of the Commissioner, his duties shall devolve upon the Deputy Commissioner, until a successor is appointed or such absence or sickness ceases. The Deputy Commissioner shall be entitled to receive an annual salary of twenty-five hundred dollars. [R. S.] Act of March 3, 1873, ch. 234, 17 Stat. L. 575. There is no general law establishing the offices of "first deputy commissioner or "second deputy commissioner" of pensions. But by the Act of March 3, 1881, ch. 130, 21 Stat. L. 408, appropriation was made for the salary of a "first deputy commissioner" and a "deputy commissioner." The Act of Aug. 5, 1882, ch. 389, 22 Stat. L. 248, provided as follows: "That the duties of first and second deputy commissioners shall be such as are now fixed by law for the deputy commissioner of pensions; and in case of death, resignation, absence, or sickness of the Commissioner his duties shall devolve upon the first deputy commissioner until his successor is appointed, or such absence or sickness ceases, |