Par. CHAPTER XXXIX. PENSIONS. Par. 1594-1612. The general pension 1655-1663. Declarations and evi Who may have pensions. Mar. 3, 1873, c. 234, s. 1, v. 17, pp. Sec. 4692, R. S. 1594. Every person specified in the several classes enumerated in the following section, who has been, since the fourth day of March, eighteen hundred and sixty-one, or 566, 567. who is hereafter disabled under the conditions therein stated, shall, upon making due proof of the fact, according to such forms and regulations as are or may be pro vided in pursuance of law, be placed on the list of invalid pensioners of the United States, and be entitled to receive, for a total disability, or a permanent specific disability, such pension as is hereinafter provided in such cases; and for an inferior disability, except in cases of permanent specific disability, for which the rate of pension is expressly provided, an amount proportionate to that provided for total disability; and such pension shall commence as hereinafter provided, and continue during the existence of the disability.1 The act of March 3, 1883 (23 Stat. L., 362), contains the requirement that "all ap plicants for pension shall be presumed to have had no disability at the time of enlistment, but such presumption may be rebutted." merated. Classes enu- 1595. The persons entitled as beneficiaries under the preceding section are as follows: Army and Navy, men, etc. Ibid Sec. 4693, R. S. Officers of First. Any officer of the Army, including regulars, voland enlisted unteers, and militia, or any officer in the Navy or Marine Corps, or any enlisted man, however employed, in the mili tary or naval service of the United States, or in its Marine Corps, whether regularly mustered or not, disabled by rea son of any wound or injury received, or disease contracted, while in the service of the United States and in the line of duty.' Master, etc., serving on gunboat, etc. Volunteers, not enlisted, etc. Acting assistant surgeon, etc. Second. Any master serving on a gun-boat, or any pilot, engineer, sailor, or other person not regularly mustered, serving upon any gun-boat or war vessel of the United States, disabled by any wound or injury received, or otherwise incapacitated while in the line of duty, for procuring his subsistence by manual labor. Third. Any person not an enlisted soldier in the Army, serving for the time being as a member of the militia of any State, under orders of an officer of the United States, or who volunteered for the time being to serve with any regularly organized military or naval force of the United States, or who otherwise volunteered and rendered service in any engagement with rebels or Indians, disabled in consequence of wounds or injury received in the line of duty in such temporary service. But no claim of a State militiaman, or nonenlisted person, on account of disability from wounds, or injury received in battle with rebels or Indians, while temporarily rendering service, shall be valid unless prosecuted to a successful issue prior to the fourth day of July, eighteen hundred and seventy-four. Fourth. Any acting assistant or contract surgeon disabled by any wound or injury received or disease contracted in the line of duty while actually performing the duties of assistant surgeon or acting assistant surgeon with any military force in the field, or in transitu, or in hospital. Provost mar. Fifth. Any provost-marshal, deputy provost-marshal, or enrolling-officer disabled, by reason of any wound or injury, received in the discharge of his duty, to procure a subsistence by manual labor. shal, etc. Pension for wounds received tracted only in 1596. No person shall be entitled to a pension by reason or diseases con of wounds or injury received or disease contracted in the line of duty, etc. service of the United States subsequent to the twentySec. 4694, R. S. seventh day of July, eighteen hundred and sixty-eight, unless the person who was wounded, or injured, or Ibid., p. 567. For statutes regulating the remuster of officers, see the joint resolution of July 26, 1866 (14 Stat. L., 368), June 3, 1884 (23 Stat. L., 35), and February 3, 1887 (24 Stat. L., 377). contracted the disease was in the line of duty; and, if in the military service, was at the time actually in the field, or on the march, or at some post, fort, or garrison, or en route, by direction of competent authority, to some post, fort, or garrison; or, if in the naval service, was at the time borne on the books of some ship or other vessel of the United States, at sea or in harbor, actually in commission, or was at some naval station, or on his way, by direction of competent authority, to the United States, or to some other vessel or naval station, or hospital. sion for total Sec. 2, ibid., p. Sec. 4695, R. S. 1597. The pension for total disability shall be as follows, Rates of pen. namely: For lieutenant-colonel and all officers of higher disability. rank in the military service and in the Marine Corps, and 567. for captain, and all officers of higher rank, commander, surgeon, paymaster, and chief engineer, respectively ranking with commander by law, lieutenant commanding and master commanding, in the naval service, thirty doliars per month; for major in the military service and in the Marine Corps, and lieutenant, surgeon, paymaster, and chief engi neer, respectively ranking with lieutenant by law, and passed assistant surgeon in the naval service, twenty-five dollars per month; for captain in the military service and in the Marine Corps, chaplain in the Army, and provostmarshal, professor of mathematics, master, assistant sur geon, assistant paymaster, and chaplain in the naval service, twenty dollars per month; for first lieutenant in the military service and in the Marine Corps, acting assistant or contract surgeon, and deputy provost-marshal, seventeen dollars per month; for second lieutenant in the military service and in the Marine Corps, first assistant engineer, ensign, and pilot in the naval service, and enrolling-officer, fifteen dollars per month; for cadet-midshipman, passed midshipman, midshipmen, clerks of admirals and paymasters and of other officers commanding vessels, second and third assistant engineer, master's mate, and all warrant-officers in the naval service, ten dollars per month; and for all other persons whose rank or office is not mentioned in this section, eight dollars per month; and the masters, pilots, engineers, sailors, and crews upon the gun-boats and war-vessels shall be entitled to receive the pension allowed herein to those of like rank in the naval service.1 1598. Every commissioned officer of the Army, Navy, or Marine Corps shall receive such and only such pension as By section 4692, Revised Statutes (paragraph 1594, supra), an inferior disability shall be rated in proportion to that for total disability. Pension according to rank. Ibid. Sec. 4696, R. S. permanent spe prior to June 4, 1872. Sec. 3, ibid., p. 568. Feb. 28, 1877, c. 73, v. 19, p. 264. Sec. 4697, R.S. is provided in the preceding section, for the rank he held at the time he received the injury or contracted the disease which resulted in the disability, on account of which he may be entitled to a pension; and any commission or presidential appointment, regularly issued to such person, shall be taken to determine his rank from and after the date, as given in the body of the commission or appointment conferring said rank: Provided, That a vacancy existed in the rank thereby conferred; that the person commissioned was not disabled for military duty; and that he did not willfully neglect or refuse to be mustered. Pensions for 1599. For the period commencing July fourth, eighteen cific disability hundred and sixty-four, and ending June third, eighteen hundred and seventy-two, those persons entitled to a less pension than hereinafter mentioned, who shall have lost both feet in the military or naval service and in the line of duty, shall be entitled to a pension of twenty dollars per month; for the same period those persons who, under like circumstances, shall have lost both hands' or the sight of both eyes,' shall be entitled to a pension of twenty-five dollars per month; and for the period commencing March third, eighteen hundred and sixty-five, and ending June third, eighteen hundred and seventy-two, those persons who under like circumstances shall have lost one hand and one foot, shall be entitled to a pension of twenty dollars per month; and for the period commencing June sixth. eighteen hundred and sixty six, and ending June third, eighteen hundred and seventy-two, those persons who under like circumstances shall have lost one hand or one foot, shall be entitled to a pension of fifteen dollars per month; and for the period commencing June sixth, eighteen hundred and sixty-six, and ending June third, eighteen hundred and seventy-two, those persons entitled to a less pension than hereinafter mentioned, who by reason of injury received or disease contracted in the military or naval service of the United States and in the line of duty, shall have been permanently and totally disabled in both hands, or who shall have lost the sight of one eye, the other having been previously lost, or who shall have been otherwise so totally and permanently disabled as to render them utterly helpless, or so nearly so as to require regular personal aid and attendance of another person, shall be entitled to a pension of twenty-five dollars per month; and for the same period those who under like circumstances shall have been totally and permanently disabled in both feet, or in one By the act of June 18, 1874 (18 Stat. L., 78), this rate was fixed at $50 per month. hand and one foot, or otherwise so disabled as to be incapacitated for the performance of any manual labor, but not so much as to require regular personal aid and attention, shall be entitled to a pension of twenty dollars per month; and for the same period all persons who under like circumstances shall have been totally and permanently disabled in one hand, or one foot, or otherwise so disabled as to render their inability to perform manual labor equivalent to the loss of a hand or foot, shall be entitled to a pension of fifteen dollars per month. Pensions for loss of one hand Feb. 28, 1877, v. 1600. That all persons who, while in the military or naval service of the United States, and in the line of duty, shall and one foot. have lost one hand and one foot, or been totally and perma- 19, p. 264. nently disabled in both, shall be entitled to a pension for each of such disabilities, and at such a rate as is provided for by the provisions of the existing laws for each disability: Provided, That this act shall not be so construed as to reduce pensions in any case. Act of February 28, 1877 (19 Stat. L., 261). 1601 Whereas, it is apparent that the present pension Preamble. paid to soldiers and sailors who have lost both their hands or both their feet in the service of the country is greatly inadequate to the support of such as have families: Therefore, Pension for loss of both eyes. June 17, 1878, v. 20, p. 144. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That on and after the passage of this act, all soldiers and sailors hands, feet, or who have lost either both their hands or both their feet or the sight of both eyes in the service of the United States, shall receive, in lieu of all pensions now paid them by the Government of the United States, and there shall be paid to them, in the same manner as pensions are now paid to such persons, the sum of seventy two dollars per month. Act of June 17, 1878 (20 Stat. L, 144). 1602. That the act of June seventeenth, eighteen hundred and seventy eight, entitled "An act to increase the pensions of certain soldiers and sailors who have lost both their hands or both their feet, or the sight of both eyes, in the service of the country", be so construed as to include all soldiers and sailors who have become totally blind from causes occurring in the service of the United States. Act of March 3, 1879 (20 Stat. L., 481). For total blind ness. Mar. 3, 1879, v. 20, p. 484. Rate for loss of leg at hip joint. 20, p. 483., 1603. That all pensioners now on the pension-rolls, or who may hereafter be placed thereon, for amputation of Mar. 3, 1879, v. either leg at the hip joint, shall receive a pension at the rate of thirty-seven dollars and fifty cents per month from |