I 1 ORDERS, INSTRUCTIONS, AND REGULATIONS GOVERNING THE PENSION BUREAU 1915 ^^i*arihdM*ri FROM THE UNITED STATES GOVERNMENT THROUGH THE SUPERINTENDENT OF DOCUMENTS ,A.'3>.OQ.oi3'] nUms'.. i 506 Rev. Stat, prohibits the withdrawal of this tiook for nomeuse. 4005 The date shows when this volume was taken. To renew this book copy the call No. and give to the librarian. HOME USE RULES. All Books subject to RAcall ., All books must be returned at end of col^ lege year for inspec- tion and repairs. . Students must re- tuiM all books before leaving town. Oflficers should arrange, for the return of books wanted during ;their absence from town. Books needed by more than one person are held on the reserve list. Volumes of periodi- cals and Of pamphlets are held in the library . as much as possible.'- For special purposes they are given out fo^ a limited time. 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There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924030744548 (3—1239) ORDERS INSTRUCTIONS AND REGULATIONS GOVERNING THE PENSION BUREAU COMPILED BY ORDER OF THE COMMISSIONER OF PENSIONS UNDER THE AUTHORITY OF THE SECRETARY OF THE INTERIOR 1915 WASHINGTON GOVERNMENT PRINTING OFFICE 1915 H1 ^% — ' — erfe — -• These orders, instructions, and regulations governing the Pension Bureau have been very carefully prepared under the personal direc- tion of the commissioner, who has been given valuable assistance by the following gentlemen, namely: Deputy Commissioner E. C. Tieman, Mr. C. M. Yeates, Mr. J. B. Albright, Mr. S. A. Cuddy, Mr. G. R. Davis, Mr. E. W. Morgan, Mr. T. R. Raines, Dr. A. H. Thomp- son, Mr. Mortimer Whitehead, and Dr. A. D. Wilkinson. The numbers of orders have been omitted, because this work is a codification of aU the regulations arranged in logical order in con- nection with the various subjects. Instead of two books, as form- erly, one being for "Orders," the other for "Practice," all of the regulations on either subject are comprised in this volume. Gaylord M. Saltzgabee, Commissioner. April 5, 1915. ^ ORDERS, INSTRUCTIONS, AND REGULATIONS GOVERNING THE PENSION BUREAU. DEFINITIONS. 1. In detenmning the meaning of the words used in these Orders, Enstructions, and Eegiilations the singular may be held to include the plural; the plural the singular; the masculine may apply to the feminine; the feminine may apply to the masculine; the words "insane person" and "lunatic" shall include either an idiot, one non compos mentis, lunatic, or insane person; reference to any "ofiicial" shall include any person authorized by law to perform the duties of such office, unless the text shows that such words were intended to be used in a more limited sense; the requirement of oath shall be deemed complied with by making affirmation in judicial form; the word "guardian" shall include tutor or other person judicially performing the duties of such trust office; "and" may be read "or" and "or" may be read "and," if the sense requires it; words of the present may include the future tense; where provision by law is made for all, and where the word "soldier" is used therein it may be held to include "sailor" or "marine." ORGANIZATION OF BTJEEATJ. For the convenient transaction of the business of the bureau, the following assignment of duties is made: 2-. The commissioner will supervise the business arising in the following-named divisions: Medical Division, Law Division, Board of Review, Finance Division, and Special Examination Division. 3. The deputy commissioner will supervise the business arising in the following-named divisions: Army and Navy Division, Civil War Division, Record Division, Certificate Division, and Disbursing Division. 4. The chief clerk wUl have supervision of the business of the Mail and Supplies Division, Revolutionary War Section, Admitted FUes, and Abandoned FUes. 5. All cases involving intricate questions of law or of fact, and all cases involving a first payment of $500 or more, shall be brought to the attention of the commissioner by the Certificate Division for his personal consideration and action. 2 EEGULATIONS GOVERNING PENSION BUREAU. 6. The chief clerk, with the aid of the assistant chief clerk, shall have control of the personnel of the bureau and see that proper dis- cipline is maintained; shall have charge of aU papers relating to appointments, promotions, demotions, transfers, reinstatements, and dismissals; the preparation of the pay roll, the central accounting system of the bureau;. the custody, press copying, and distribution of the decisions and orders of the Secretary of the Interior and the commissioner, and the preparation of the estimates of appropriations aflFecting the Bureau of Pensions, and such other duties as may be assigned to him by the commissioner, or as may be required of him by law. He shall, as required by law, administer oaths. 7. The assistant chief clerk, in addition to aiding the chief clerk, shall, in the absence of the chief clerk, perform his duties. 8. The law clerk shall have charge of particular claims which are submitted to him and advise the commissioner with reference thereto, and perform such other duties as shall be assigned to him from time to time by the commissioner. FUNCTIONS OF DIVISIONS. 9. Board of Review. — Shall be composed of expert examiners, who shall review and determine all claims for pension before final action is taken, and shall determine questions of reopening in cases which have been rejected on legal grounds, and have charge of aU matters relating to reduction, recovery by recoupment, dropping, and appeals to the Secretary of the Interior from the action of the bureau, except appeals in connection with claims under the act of March 3, 1899, and appeals as to title to fee or recognition as attorney. The personnel of the Board of Eeview wiU be determined by the commissioner. 10. Medical Division. — ^The medical referee shall perform such duties as are prescribed in section 4776, Revised Statutes; shall issue orders for medical examinations and keep a record of the same; shall examine and audit the accounts of examining surgeons; shall determine from the evidence and medical examinations the proper rates for pensionable disabilities in invalid claims; and shall determine all medical and surgical questions which may arise in any case, including that of reopening in cases which have been rejected on medical grounds. 11. Law Division. — Shall have charge of questions of law, includ- ing marriage, divorce, and guardianship; matters involving criminal features and recovery by civil action; matters of division of pensions under the act of March 3, 1899, including appeals therein; matters arising in the adjudication of claims under the act of August 8, 1882, and those under the acts of February 20, 1905, and February EEGtTLATIONS GOVERNING PENSION BUREAU. 3 2, 19G9; matters of discipline of attorneys; questions relating to attorneys or their fees, when properly submitted, including appeals therein; shall keep the roster of attorneys, and advise the bureau of changes therein; determine the validity and suificiency of all decla- rations, and the particular law under which the same are to be adju- dicated; shall keep a record of the official character and signature of officers (not required by law to use a seal to authenticate their official acts) authorized to administer oaths for general purposes, noting changes therein; furnish abstracts of evidence and informa- tion on proper call made by any other branch of the Government; furnish copies required by the act of August 24, 1912; answer mis- cellaneous correspondence not properly referable to other divisions; transmit cases to Congress through the department when required; transmit pension cases direct to the several committees of Cotigress on call therefor; report on prospective or proposed legislation affect- ing pensions; keep record and make reports of special acts granting pensions; supervise the return of copies and the originals of papers filed as proof in claims in the Pension Bureau; and shall perform such other duties as may be required by the commissioner. 12. Special Examination Division. — Shall have charge of cases requiring special examination in the field; prepare indexes of same; direct the method of inquiry by special examiners; aid in prose- cuting ofi'enders against the pension law; and audit the expense accounts of the special examiners. 13. Army and Navy Division. — Shall have charge of the settle- ment of all claims for bounty land; shall have charge of all claims under any law in which there appears a service rendered prior to March 4, 1861, or a service rendered in the War with Spain, or in the United States Navy, or in the Coast Guard, or in the Eegular Army at any time, or in any miscellaneous United States organiza- tion, and of claims for reimbursement under the act of March 2, 1895, and shall have custody and furnish certificates of all docu- ments required by act of May 30, 1908. 14. Oivil War Division. — Shall have charge of the settlement of all claims arising out of the military service during the Civil War, except claims which are specifically assigned to the Army and Navy Diyision. 16. Record Division. — Shall have charge of recording, jacketing, and numbering claims for pensions, and have custody of the records thereof; shall keep a record and prepare copies required by the act of May 11, 1912, as amended; shall have charge of reports of the removal of charges of desertion forwarded to the bureau by the War Department, and the collection of names and post-ofiice ad- dresses of surv-ivors of the Army and Navy, and furnishing the same to the several divisions of the bureau when required; shall flat file 4 REGULATIONS GOVERNING PENSION BUEEATT. and make card indexes of the documents and claims arising out of the War of 1812, and shall have custody thereof. 16. Certificate Division. — Shall have charge of issuing, numbering, and recording certificates granting pensions, designating the groups at which payable, the granting of permits to draw pension, and the issuing of duplicate certificates where pension certificates have been lost or destroyed; and shall have charge of the raters section. The Certificate Division shall, in transmitting the certificate to the Finance Division, furnish all proper information not shown by the certificate itself, such, for instance, as that relating to post-office address and payee's name where the pension is payable to a person other than the pensioner, etc. 17. Finance Division. — Shall have charge of the pension roll, and note all changes therein; shall prepare pension vouchers and voucher and nonvoucher pension schedules for certification by the Com- missioner of Pensions to the disbursing clerk for payment; shall make the administrative examination of all accounts of the dis- bursing clerk, required by the Dockery Act (28 Stat., 205); shall make requisitions upon the Treasurer of the United States for funds for the payment of pensions and fees of examining surgeons; shall make estimates for appropriations for pensions and of the cost of any proposed pension legislation; shall keep accounts of pension dis- bm^ements; shall prepare statements and tabiilations dealing with matters above enumerated as needed throughout each year, and for the purpose of the annual report of the commissioner; and shall drop the names of pensioners from the roll on account of death and other causes. All reports of admissions to and discharges from the National Home for Disabled Volunteer Soldiers, the United States Soldiers' Homes, the United States General Hospital at Fort Bayard, N. Mex., U. S. Naval Home, Naval Hospital, and the Gov- ernment Hospital for the Insane shall be appHed by the Finance Division to the cases to which they relate. Notations on the jacket of change in group due to transfers shall be made in said division, and cases shall be referred from that division bo the Law Division when action is required in the latter division in connection with claims for division of pension under the act of March 3, 1899. 18. Disbursing Division. — Shall have charge of making, issuing, and transmitting all checks in payment of pensions upon vouchers, pay rolls, or schedules furnished by the Chief of the Finance Division; of the notation and certification of payments upon such vouchers, pay rolls, and schedules, and the submission of same to the Chief of the Finance Division for administrative examination; of the can- celation of checks for any proper cause, and reporting of same to the Finance Division; of the preparation and approval of indemnifying, bonds for lost or destroyed checks and the issuing of duplicate REGULATIONS GOVERNIKG PENSION BUREAU. 5 checks in lieu thereof; of the preparation of daily and monthly reports showing the amount of payments by classes and the daily and monthly balances; of the changing of post-ofl&ce addresses of pensioners; and of all correspondence pertinent to that division. 19. Mail and Supplies Division. — Shall have charge of all sta- tionery, furniture, typewriters, and other supplies, and the printing, binding, and engraving of all blanks, record books, pension certifi- cates, etc., used by the bureau, the special examiners in the field, and the examining surgeons; shall issue supplies upon properly ap- proved requisitions, an account being kept with each division and each employee not assigned to a division; shall fill all properly approved requisitions made by examining surgeons and special examiners in the field; and shall have charge apd distribution of the incoming and outgoing mail. 20. Admitted Files. — Shall contain all cases in which a certificate has been issued, except those withdrawn for flat filing. Cases shall be filed in numerical order in two series — one for the invalid and the other for the widow, minor, and dependent cases. 21. Abandonel Files. — Shall contain all original claims which have been rejected or in which no evidence has been filed for the period of one year after call for the same has been made. Upon the receipt of a qlaim in the Abandoned Files the word "Rejected," or, as may be appropriate, "Abandoned," shall be stamped on the jacket, and a file slip made and placed in the pending files showing the disposition of the case. CONDUCT OF BUSINESS. DISCIPLINE. 22. All employees of the bureau, including chiefs and assistant chiefs of division, shall be required to be at their respective desks ready for work promptly at 9 o'clock a. m., and must not leave until 4.30 p. m., except for the regular half hour allowed for lunch between 12.30 and 1 p. m., unless otherwise employed on official business, or excused by proper authority. Absence at any other time during office hours wiU be noted for deduction from the leave allowance. Tardiness, whether upon arrival for duty in the morning or on return after luncheon, must be reported in all cases and proper action had thereon. No preparation for departure shall be made until 12.30 and 4.30 p. m. 23. Chiefs of division and principal clerks, to whom these rules also apply, shall require clerks and employees under their charge to devote their time exclusively to the business of the Government. If there be a superfiuous force in any division or room prompt report thereof must be made to the chief clerk in order that such employees 6 EEGULATIONS GOVERNING PENSION BUREAU. may be assigned to other work. Reading newspapers and books not pertaining to official duties, preparing private letters, and doing other writing which is irrelevant to the business of the bureau during office hours are prohibited. Loitering and entertaining visitors in the court and corridors of the buUding are also strictly prohibited and disregard hereof will be considered sufficient cause for dismissal. Those in charge of the court and corridors should report violations to the chief clerk. 24. Employees of the bureau will not be admitted to the office rooms before 8.30 a. m. or after 4.30 p. m., except upon passes issued by the chief clerk. They shall be required to leave the building not later than 5 p. m., unless they have passes from the chief clerk permitting their presence in the building after that hour. All desks must be left in a neat and orderly condition when vacated at the close of the day's business. 25. Personal visits to or by clerks during office hours on other than official business will not be permitted. When such visit is necessary a clerk must obtain from the chief of his division a permit for his temporary absence and present the same to the chief of the division visited. Violations of this rule shall be reported to the commissioner. 26. Female clerks of the bureau will not be permitted upon the fourth floor of the building at any time. 27. The only parts of the Pension Building which are open to visitors during business hours are the court, the corridors on the first and second floors, and the rooms of the commissioner, deputy • commissioner, and chief clerk. No persons, under any pretext, shall be allowed to enter .the rooms occupied by the clerical force during working hours. If for any good reason it is deemed advisable to send a visitor to a division to see a clerk, the name of the clerk shall be written on a card and the visitor shall be permitted to see only such employee, the chief of the division taking up the card. It is the intention that a card shall entitle the bearer to visit but one division. As a rule visitors shall not be permitted to see employees during work- ing hours, except in special cases, and then only upon application to and permission granted by the chief clerk. AU persons not employed in the bureau who desire to see any of the employees therein shall be referred by the watchmen to the chief clerk. 28. No interview for the purpose of obtaining information in-con- nection with claims on file in this bureau shall be granted by any employee (except to other clerks in the course of official business) without the permission of the commissioner, deputy commissioner, or chief clisrk, and no information touching the conduct and operation of the bureau shall be furnished the press, or other persons not enti- tled thereto, by special examiners in the field or clerks in the bureau proper. Whenever any information of an official character is sought KEGULATIONS GOVEENING PENSION BUEEAU. 7 by a member of the press or other person he should be told that the Bureau of Pensions is always open and that his inquiry, if addressed to the commissioner, will receive proper consideration. 29. Official papers emanating from the office of the Secretary of the Interior, or any information therefrom, shall not be given to the public in or through the subordinate offices of the department. Proper facilities and privileges will be afforded in the Secretary's office for the promulgation of such matters of public interest as it may be desirable to publish. This order is not intended to interfere with the furnishing of decisions for such periodicals as make a spe- cialty of publishing them. 30. Papers from the files of the bureau must not be intrusted to anyone not an employee of the bureau to carry from one division to another or from one room to another. 31. Employees must not undertake to advise or direct claimants for what disabilities they shall claim pension in order to insure the success and passage of their claims. The bureau is not established as a claim agency, and he who prosecutes, or seeks to prosecute pension claims, must do so from the outside. Offenses of this char- acter are unpardonable, and their occurrence under any circumstances will not be tolerated or overlooked. 32. Conversing with outside parties relative to business under the supervision of the bureau or department is strictly forbidden. 33. It is to be expressly understood that promotions shall be based purely upon merit. Outside influence interferes with the proficiency of the service. If the commissioner has reason to believe that a clerk has resorted to outside influence to secure his advancement it will be noted to his discredit. Personal apphcations for promotion are annoying and consume much time which should be devoted to official business. Employees will materially forward their chances for pro- motion by strict attention to their duties. 34. The throwing of lunches, lemon and orange peel, etc., out of the windows or over the balconies is forbidden. Remains from lunches and other refuse matter shall be placed in proper receptacles which are on the corridors for that purpose. Nothing is to be put in the waste basket except waste paper. Mixing broken glass and other refuse matter with the waste paper is a serious menace to those em- ployed in packing it and wiU be summarily punished. On the first of every month the desk of each employee, the ward- robes, and other furniture shall be thoroughly cleaned out, and all papers, books, wearing apparel, and other articles which do not per- tain to official duties, or which are not necessary to the welfare or comfort of the employee shall be placed on the corridor outside of the division, so that the superintendent may remove them ; and at all times the desks shall be kept in such orderly and cleanly condition. Barricades and screens must not be allowed on top of the desks. 8 REGULATIONS GOVEENING PESTSION BUKEAU. Chiefs of division are charged with the inspection of desks and required to enforce strictly the provisions of this section. 35. Smoking on the fourth floor and in the basement of the Pension BuUding and in the working and toilet rooms is prohibited at all times; it is allowed in the open court (not set aside for working purposes) and in the corridors before 9 o'clock a. m., after 4.30 o'clock p. m., and during the lunch hour. Chiefs of division should by ex- ample and precept enforce this rule. 36. Employees of this bureau shall be paid only when their divisions are paid. When they are on leave or an emergency arises, payment may be made on permission granted by the chief clerk. 37. The Pension Bureau shall not be used as a collecting agency, or as a refuge for any employee who deliberately contracts debts upon the strength of his official position and then neglects to pay the same. Gross or habitual commercial misconduct of an employee must be regarded as inconsistent with the qualities of character es- sential to honorable public service and shall be treated accordingly. 38. The use of the telephone for private messages is prohibited except in case of great emergency, such as death, sickness, fire, accident, and the like, and then only on permission of the chief clerk. When permission is granted, the operator shall be informed that the message is a private one, and it shall not be allowed by the operator to take precedence of any pending official message, and it should be transmitted through the division telephone. Pay stations are installed through which personal business, when necessary during office hours, may be transacted. 39. Special examiners must comply with the rule requiring that all official communications intended for this bureau shall be addressed to the Commissioner of Pensions. 40. Solicitations of money from employees of this bureau for political purposes are improper and forbidden, and all employees are advised to pay no regard to them. 41. In the distribution of the messenger force of this bureau the quota of said force in each division shall, after assignment, be entirely under the charge of the respective chiefs, who shall make a report as to their presence or absence daily in connection with the forces of said divisions. 42. Messengers must report to their respective rooms promptly at 8.45 a. m. each morning and at once open the windows in the working rooms of the bureau, keeping thena open for 10 minutes and closing them promptly at tap of the five-minute bell. They are also required to see that the working rooms are thoroughly aired by opening the windows for three minutes at 11 a. m. and 3 p. m., the windows to be opened and closed on the tap of the bell. Chiefs REGULATIONS GOVERNING PENSION BUREAU. 9 of division should see that the ventilation of the working rooms under their charge at the times above stated is properly attended to. Before leaving the bureau in the evening, messengers shall see that the awnings are pulled up and all windows closed and fastened, carefully noting that the upper sashes are secured, so that, in the event of a sudden storm after ofl&ce hours, no damage will be done. It is not a part of the messengers' duties to carry private messages from one part of the building to another, and such practice is prohibited. GENERAL AS TO ALL DIVISIONS. 43. a. When a communication or inquiry as to any pension claim shall furnish no clue to the identification of said claim other than the name of the claimant, the Mail and Supphes Division shall return such communication to -the writer with a request for additional data, but no return penalty envelope shall be sent to the writer unless the matter to which the inquiry relates apparently affects the interests of the Government. h. Letters alleging fraud on the part of persons on the pension roU, or in claims for pension shall be forwarded to the Law Division for proper action; letters giving notice of death of a pensioner shall be forwarded to the Finance Division. c. Calls for marriage circulars not with the files must be made on Form 3-416 to the Mail and Supphes Division, which has the cus- tody of such circulars. 44. No supplies must be issued to any division or room in the bureau unless a requisition signed by the head of the division or room, or by some one duly authorized to sign such requisition, shall bp pre- sented to the chief of the Mail and Supplies Division. 45. Chiefs of division shall inform the chief clerk and assistant chief clerk of the death of members of their divisions at the earliest possi- ble date, giving the hour of demise if known. This is necessary in order that the report required by the department may be made with- out delay. 46. a. Chiefs of division shall send to the chief of the Mail and Supplies Division, on the last day of each month, the names and num- bers of the typewriting machines in their respective divisions and the condition* of each by number. h. A chief of division must not permit a typewriting machine to be transferred from his division without first having the charge in the Mail and Supplies Division removed. INSTKTJCTIONS BY CHIEFS OF DIVISION. 47. All general instructions issued by the chiefs of division for the transaction of business under their supervision shall be in writing 10 REGULATIONS GOVERNING PENSION BUREAU. and a copy thereof shall be sent to the chief clerk for his information, and he shall communicate the same to the chiefs of the other divisions. 48. Any change which is considered proper by a chief of division affecting the official relations of employees, shall be first communi- cated by the chief of division in writing to the chief clerk, who shall submit the same to the commissioner and have his approval before any change shall take effect. OFFICIAL COMMtnriCATIONS. 49. Every writing emanating from any division of this bureau expressing official action, or being in the nature of an ofl&cial commu- nication proper to be signed by the chief of the division, should be over his signature, written or stamped, and the same shall show the initials of the person preparing the same. This direction shall not apply to the action of an examiner or reviewer noted on a face brief. 50. In aU cases wherein special investigation is called for, the letter suggesting the same shall be prepared with carbon copy, and both original and carbon forwarded to the Special Examination Division with the papers. 51. All correspondence to which the signature of the commissioner shall be affixed by means of a stamp, shall be finished and the stamp affixed in the division without sending it elsewhere for that purpose. 52. If, in the adjudication of a claim for pension, it be determined that the declaration was intended as a claim under a different law from that under which it is recorded in the Record Division, final action should not be taken until the records are corrected to show the proper act. The Board of Review and the adjudicating divisions shall see that these instructions are complied with. 53. a. Chiefs of division shall make a daily report in duplicate, one to the chief clerk and one to the commissioner, containing such information and in such form and maimer as shall be required from time to time by the commissioner. &. Chiefs of division shall in like manner make a monthly report of the work in their respective divisions to the chief clerk. 54. a. Communications not relating to a claim on file, or which contain charges of irregularities or violations of law, those relating to claims under the act of March 3, 1899, and those (where there are doubts) relating to attorneyship and fee, shall be referred to and answered by the Law Division. h. Communications relative to bounty land shall be referred to the Army and Navy Division. f. Communications relative to a claim on file, unless otherwise provided, shall be forwarded to the proper adjudicating division. d. All letters reporting deaths of pensioners shall be forwarded to the Chief of the Finance Division, who shall make proper record, of REGULATIONS GOVERNING PENSION BUREAU. 11 the death and furnish any blank declarations that may be proper, and in claims under the act of May 11, 1912, shall notify the Chief of the Record Division by a slip giving the name, service, and date of death. 55. a. AH claims for pension shall be sent to the Law Division for examination as to validity and sufficiency, the official character of the authenticating officer, and status of attorney. In case the applicant for pension announces the death of a pensioner, the Law Division shall at once send notice in reference to same to the Finance Division. Original applications for pension shall be forwarded by the Law Division to the Record Division. The Record Division shall, after it has completed its action, send .such applications to the proper adjudicating divisions. 6. Applications for increase of pension shall be sent direct from the Law Division to the proper adjudicating divisions. c. Claims for reimbursement under the act of March 2, 1895, shall be sent through the Law Division to the Army and Navy Division. d. All requests for blank applications for pension not relating to a particular case shall be sent to the chief clerk. Other requests shall be applied to the cases to which they pertain for proper answer. 56. The division applying the notices of death in pending original claims shall note the death on the jacket with rubber stamp provided for that purpose. 57. When a subpoena is served upon a special examiner on duty in the field requiring his attendance as a witness or to assist in the prosecution of a case arising out of a claim for pension under any of the United States statutes in a Federal court, he shall comply there- with and charge his transportation expenses and per diem as if on regular duty, and shall make prompt report of such occurrences. DECLARATIONS. 58. If a declaration for pension was executed on the same day the soldier was mustered out of the service, he shall be required to file his affidavit showing whether such declaration was sworn to by him prior to or after his discharge, unless such information is set forth in the declaration. This is proper to determine the validity of the declara- tion. 59. To give the soldier the full benefit of the law in his behalf, and to promote the prompt and efficient adjudication of claims, it is hereby ordered: a. Hereafter every claimant for original invalid pension, or on account of a "mew disability," under the general law (sec. 4692, R. S.), shall be required to state in the body of the declaration each and every permanent disability which he claims he contracted in the service in line of duty, and also to state definitely that the disabihties named 12 EEGULATIONS GOVEENING PENSION BUREAU. are the only disabilities so contracted. If such statement be not embodied in the declaration, the claimant shall be required to make it in a supplemental affidavit before a medical examination shall be ordered; and this requirement shall also apply to claims heretofore made and now pending, as they shall be reached in order. Each and every disabihty of service origin so named should be dealt with as a ground for pension. h. All declarations and pieces of evidence when received in the bureau must be sent immediately to the Mail and Supplies Division, there to be stamped with the date of receipt, and from there sent to the proper division. The date of receipt so stamped shall for all purposes be regarded as the date when such papers are received in the bureau. c. Where a second document is filed by the same party, setting forth the same facts as are in another document acted upon, it should be disposed of as follows : (1) If it be an affidavit, or some other paper not amounting to the dignity of a declaration or application, and which is not counted as a pending case, it may be ignored and a letter sent to the claim- ant informing him of that fact. (2) If it be formal and counted as a declaration or application, and the benefit invoked has already been fully granted, it should be dis- missed by the examiner on formal face brief, and his action approved by the chief of division and the claimant notified. 60. a. The Law Division is charged with passing upon the validity and sufficiency of all declarations, and if a declaration appears to be indefinite, or if there is a question as to its purport, it should at once be referred to the Law Division for consideration. i. Said division shall conduct all correspondence in reference to defective, indefinite, or doubtful declarations. When a document purporting to be a declaration is materially imperfect because it does not show under what law the claim for pension is made, or for any other reason it is insufficient in failing to allege essential facts, the Law Division shall use any information it may be able to obtain and conduct with the person filin g such document correspondence necessary to cure any defect. If the Law Division shall call on the party filing the document for further information and no response is made within 60 days in the continental United States, or within six months if the party resides elsewhere, such document shall be treated as entirely invalid for the purpose of a claim. If such document affords sufficient information, it shall be recorded jacketed, and numbered in the Record Division, being noted as "indefinite," and returned to the Law Division. KEGULATIONS GOVERNING PENSION BUEEAXJ. 13 After the failure of the party to make response to the demand of the Law Division such division may, on a face brief, determine that "such document is not to be regarded as a vaUd claim for any pur- pose whatever." If afterwards ^he same party presents a claim, he shall first file a proper declaration, and if a pension be subsequently allowed there- under only that declaration shall be considered. c. A declaration of a widow, although made on a form of declara- tion claiming the benefits of the act of June 27, 1890, as amended, shall, if the same was executed and filed in the Bureau of Pensions on or after April 19, 1908, be accepted and adjudicated as a claim vmder the act of April 19, 1908. MEDICAL EXAMINATIONS. 61. a. No order for medical examination shall be made in original claims until after the report of the War Department or of the Navy Department, showing service of soldier, sailor, marine, or other person shall have been called for and received. h. All orders for medical examination shall be issued from the Med- ical Division and notice sent direct to the claimant, and the attorney shaU at the same time be notified of the fact that the examination has been ordered. c. That the bureau may have the benefit of the opinion of more than one board of surgeons, in any claim for increase of pension the claimant, when practicable, shall be ordered for examination before some board of surgeons other than the one by which he was last examined. Should another examination be necessary in the adjudi- cation of a claim for original peasion, the same rule shall be observed. d. No pension claimant shall be examined by the medical referee or by any surgeon in the bureau except upon the order of the com- missioner. e. In ordering medical examinations in invaHd claims great care shall be taken to include all disabiUties requisite to the proper adju- dication of the pending claim, so as to avoid the additional expense and delay both to the claimant and the bureau of holding another examination because one or more of the disabilities were omitted in the order to the board of surgeons. Particular care should be exer- cised to the end that no medical examination shall be ordered when none is required in the settlement of the question under consideration. /. When a claimant for original invalid pension on account of a new disability has been once medically examined, another order for his medical examination shaU not be issued until the claim has been legally approved. g. When, in the opinion of the medical referee, it would work hard- ship upon the claimant to order him before a medical examining 14 EBGULATIONS GOVERNING PENSION BUKEATJ. board or a single surgeon, he may, in his discretion, order him before a civil surgeon. Ji. When an order for a home, examination has been issued, and before its execution information reaches the bureau that the apphcant is dead, such information shall at once be transmitted to the medical referee to the end that the order may be revoked. i. Claims which have been legally approved and in which orders for a test or another medical examination are issued, or amendments to cer- tificates are called for by the medical referee, shall be forwarded direct to the proper adjudicating division to await receipt of the certificate or amendment, as the case may be, and a sHp shall be prepared by the Medical Division advising the Chief of the Board of Review of the division to which the papers are referred. j. Cases in which instructions have been prepared by the medical referee for special examination on purely medical questions shall also be forwarded direct to the proper adjudicating division for prepara- tion and reference through the Board of Eeview for special examina- tion. Tc. To give the soldier the full benefit of the law in his behalf and to promote the prompt and efiicient adjudication of claims, the medical referee shall see that examining surgeons require each claimant appearing before them to state each and every disabihty contracted in the service from which he believes himself to be suffering and expressly to declare over claimant's signature that he is not subject, to any other disability of service origin than those enumerated. The examining surgeons shall examine and repOrt as to all of the disabiUties named, as well as any other disabilities disclosed, whether alleged or not. I. When an invalid claim under the general law shall have been rejected on the ground that no ratable disabihty exists, due to the cause or causes alleged, and a claim shall be filed alleging a new dis- ability, another medical examination shall not be ordered as a matter of course, because the certificate of medical examination previously made is presumed to show the applicant's physical condition at that time and to disclose all the disabilities then existing; but a new medical examination may be ordered in the discretion of the medical referee, when satisfactory evidence shall have been filed showing the existence of such newly alleged disability and the degree thereof. m. If a claimant is unable to go before a board of examining sur- geons, he should file the affidavit of a physician showing the cause of his inabUity to report to the board for examination, the length of time such disability has existed, and how long it is likely to continue. Upon receipt of such evidence proper action shall then be taken in his claim. BEGULATIONS GOVERNING PENSION BUKEAU. 15 n. Certificates of medical examination that have been rejected by the medical referee shall not be placed in the brief, but with the unim- portant papers in the jacket. 0. In a pension claim in which the disability is of such a nature and the claimant of such an age that it is reasonable to presume there may be a considerable improvement and possibly entire recov- ery, a notation should be made on the medical approval as to the time it is deemed advisable to have another medical examination to test the then existing degree of disability, and a shp should be sent to the adjudicating division, so that the claim may be drawn to con- sider the advisabihty of ordering such test medical examination. If, however, during the intervening period the claimant has been exam- ined for increase of pension, such further investigation will probably be unnecessary. TESTIMONY OF EXAMINING SURGEONS. 62. Examining surgeons of the bureau may testify in a pension claim to any matter within their knowledge, provided their infor- mation is not acquired in their official capacity. They should, however, state in their certificates all information possessed by them regarding the disabilities or treatment which they have given any apphcant who is ordered before them for examination, in this manner acquainting the bureau with all facts within their knowledge and relieving themselves of the burden and annoyance of furnishing affidavits at the soUcitation of applicants to whom they have ren- dered treatment. ORIGINAL INVALID CLAIMS. 63. The following practice shall hereafter obtain in the adjudication of invalid claims, based on disabihty incurred in the miUtary or naval service of the United States, in line of duty: a. A full service and medical history shall be obtained from the records of the War or the Navy Department. I. Upon the receipt thereof, if the record shows that the disability alleged did not originate in the service, and in fine of duty, the claim should be submitted for rejection. If the record be not adverse, the usual calls shall be made to establish the case legally, and the claimant shall be ordered for medical examination. If there be doubt whether the record is adverse from a medical standpoint, the claim should be submitted to the Medical Division, which shall determine whether a medical examination should be made. If there be doubt whether the record is adverse from a legal standpoint, the claim should be submitted to the Board of Review for an advisory opinion. c. If, after the certificate of medical examination shall have been received, the examiner is unable to determine whether a ratable 76704°— 15 2 16 REGULATIONS GOVERNING PENSION BUREAU. degree of disability is shown, an opinion from the medical referee shall be asked on that point. d. Further calls shall be confined to the disabilities shown ratable. When the case is complete, the entire claim shall be submitted for final adjudication; that part based on disabiUties not shown ratable shall be submitted for rejection, subject to the approval of the medical referee. e. If it be shown that a ratable degree of disabiUty does not exist from any cause alleged, the claim shall be submitted for rejection at once. /. If the claimant is unable to furnish the required evidence and so states over his own signature, the claim shall be rejected on legal grounds. INCREASE CLAIIIS. 64. a. All claims for increase shall be submitted to the Board of Review for final action. 6. Claims for increase of pension shall be taken up for consideration and action at the earliest practicable date after their receipt in the bureau, and orders for medical examination issued at once — ^unless, from the nature of the disabihty in any particular .claim, and the history of the case as shown by previous medical examinations, reasonable presumption obtains that there has been no material increase in pensioner's disability since the date of last examination. In such case the pensioner should be advised that the propriety of ordering a medical examination wiU be considered if he shall furnish competent medical evidence showing definitely his physical condition from all causes for which he is pensioned. c. An order for a medical examination shall not be issued where the claimant is in receipt of the maximum rate for a permanent specific disabihty, the rate in such a case being fixed by law. d. If a pension under sections 4692 and 4693, Revised Statutes, has been terminated to allow pension at a higher rate under a subsequent act, a medical examination shajl not be ordered in an apphcation for renewal and increase under said sections of the Revised Statutes, except upon the furnishing of medical testimony as heretofore pro- vided. If, however, it can reasonably be presumed from the nature of the disability and the history of the case that the claimant is entitled to a higher rate under the general law than the rate received under the subsequent act, medical examination may be ordered with- out medical testimony. e. If an application for increase shall be filed before a prior applica- tion for increase has been disposed of, but subsequent to the medical examination held thereunder, an order for a medical examination should not be issued without medical testimony, as heretofore pro- vided, and pensioner should be so advised. KEGULATIONS GOVERNING PENSION BUEEATT. 17 /. As a general rule an order for a medical examination should not be issued without medical evidence showing material increase in pen- sioned disabilities, if pensioner is in receipt of $17 per month, and he should be so advised. There may be exceptions to this rule, and each case should be carefully considered on its own merits before action is taken therein. g. Upon receipt of the medical testimony which may be furnished in response to the rules above noted, the same shall be referred to the medical referee to determine the question of the sufficiency. If such testimony is immaterial and does not indicate an increased disability, the claim shall be rejected and the claimant shall be so advised. If, however, no testimony shall be filed in response to the communication from this bureau within six months from the date thereof, the case shall be forwarded to the Admitted Files and carried on the records of the adjudicating division as an "Abandoned increase." Ji. In adjudicating applications for increase of pension under sec- tions 4692 and 4693, Eevised Statutes, wherein the pensioner is in receipt of from $17 to $24 per month, inclusive, except in cases of par- tial deafness, the testimony of the attending or family physician show- ing the extent to which the claimant is incapacitated for the perform- ance of manual labor by reason of the disabiUty alleged, independent of any other disability, shall be called for. If the claimant performs any manual labor whatever, the character and amount must be shown. i. In adjudicating claims for pension or increase of pension under sections 4692 and 4693, Revised Statutes, the rates heretofore fixed shall be considered as adjudicated and noted upon the face brief, but where those rates in any case aggregate less than $6 per month, it shall further be noted that the claimant is entitled to that rate under the act of March 2, 1895. j. If a claim for increase of pension is rejected the proper nota- tion shall be made on the face brief, and if the pension is less than $6 per month it shall also be further noted that the claimant is entitled to the benefit of the act of March 2, 1895, so that such rate may be named in the certificate if for some other reason, such as duphcate certificate, reissue to correct name or service', etc., it is found neces- sary to issue a new certificate. Tc. Where, after the rejection of a claim for increase, a doubt exists as to whether it was properly rejected and another medical examination of claimant is ordered, such action is in effect a reopen- ing of the rejected claim, which thereby becomes a pending claim, and increase may be allowed from the date of the last exammation if warranted by the degree of disability then existing. I. Where a soldier dies leaving a pending claim for increase which is to be rejected on the ground of no examination, or for other cause, 18 REGULATIONS GOVEENING PENSION BUREAU. and the widow files a claim in her own behalf, the claim for increase shall not be adjudicated until final action is taken in the widow's claim. 66. In all special acts granting pension to widows, in which the amount of pension is fixed by the special act, no increase shall be allowed for minor children unless provided for in said act, but when an additional pension is granted by a special act to a widow or guardian on account of a helpless child, such additional pension shall in no case affect the rate of pension the widow may be entitled to, independent of such additional allowance. NEW DISABIUT7, WHEN NOT CONSIDERED. 66. In claims under sections 4692 and 4693, Revised Statutes, where increase of pension is claimed by reason of old disabiHty, and also by reason of naming a new disabiUty which is not declared to be of service origin or to be the result of the old disability, such new disabihty shall be ignored and the claim adjudicated as if no mention thereof had been made. 67. a. In the adjudication of claims under the act of March 3, 1901, and amendments thereof, the provisions of section 4715, Revised Statutes, shall apply. 6. Claimants shaU have the right of election under that law the same as pensioners in other cases. CLAIMS UNDER ACT OF FEBKUABY 6, 1907, OR ACT OF MAY 11, 1912. 68. a. Claims filed under the act of February 6, 1907, or the act of May 11, 1912, shall be classed and reported as follows: i. Where no pension has been allowed they shall be treated as original, act of February 6, 1907, or act of May 11, 1912. ii. Where pension has been allowed under any other law they shall be treated as reissue, act of February 6, 1907, or act of May 11, 1912. iii. Where a certificate has issued under the act of February 6, 1907, or the act of May 11, 1912, they shall be treated as increase, act of February 6, 1907, or act of May 11, 1912, respectively. 6. In the adjudication of claims all proper information should be called for from the War or the Navy Department. c. AH correspondence seeking information as to age from the claim- ant should be by letter and in accordance with the circumstances of the particular case. d. In the submission of claims under the act of February 6, 1907 or the act of May 11, 1912, the age and date of birth of the apphcant shall be noted by the examiner on the face brief. REGULATIONS GOVERNING PENSION BUREAU. 19 69. A declaration under the act of May 11, 1912, which does not specifically make mention of disability or the "disability clause" of the act, shall be considered as a claim based on age and length of service alone, unless it appears from other papers filed that the intention was to claim under the " disability clause " of the act. 70. Where an application under the act of May 11, 1912, shall have been adjudicated as a claim on account of age and length of service, and the claimant upon receipt of notice of such action shall promptly advise the bureau that his purpose was to claim under the " disabiUty clause," the case shall be further considered and his right to pension under said clause determined. 71. In arriving at a conclusion as to the age of a claimant for pen- sion under the act of May 11, 1912, all the facts shown by the record should be considered. The conclusion as to what the facts show in a particular case is not to be a guide or precedent in any other case except where the facts are exactly parallel. The proving force of the facts stated in support of a claim is to be determined by their weight and apparent credibility. The determination of such facts is to be arrived at by applying the ordinary rules obtaining in courts of law for arriving at conclusions of fact, from the weight of the testi- mony adduced, the principal rule being that ordinary judgment shall be applied in any case. The question of fact is to be determined by those having charge of the case in this bureau as they would determine any other question of fact by the application of ordinary good sense such as intelligent men use in the common and everyday affairs of life. 72. In determining the period of service withia the meaning of the act of May 11, 1912, no deductions should be made on account of ordinary or veteran furlough. Deductions should be made on account of absence without leave, or while in desertion, in confine- ment, or in violation of military or naval regulations. Deduction shall be made of the time during which claimant was undergoing treatment in hospital, or otherwise absent because of an intentional self-inflicted wound. 73. Enlistments in volunteer organizations (white or colored) entered into in loyal States on or before April 13, 1865, and in other States, the Territories, and the District of Columbia on or before June 1, 1865, were enlistments for the War of the Rebellion, and service rendered thereunder (in volunteer organizations), is pensionable service within the meaning of the act of May 11, 1912 (and the kindred acts of June 27, 1890, May 9, 1900, February 6, 1907, and April 19, 1908), up to date of discharge, but not beyond August 20, 1866. 74. Enlistments in volunteer organizations entered into in the loyal States after April 13, 1865, and in the other States, the Territories, and the District of Columbia after Jtme 1, 1865, were not enlistments 20 REGULATIONS GOVERNING PENSION BUEEATT. for the War of the RebeUion, and service rendered thereunder is not pensionable service within the meaning of the acts named unless, first, it is shown to have had some connection with the suppression of the rebellion, or unless, second, the presumption arises that it had some such connection by reason of the service being rendered in hostile territory, namely, the States of Tennessee prior to June 13, 1865, and Virginia, North Carolina, South Carolina, Georgia, Florida, Mississippi, Alabama, Louisiana, and Arkansas prior to April 2, 1866, inclusive, or the State of Texas prior to August 20, 1866, inclusive. 75. Service in the Eegular Establishment under an enlistment prior to April 12, 1861, is to be computed from April 12, 1861. Serv- ice rendered up to and including July 1, 1865, imder enlistments in the Regular Army, without regard to the date of enlistment, is pen- sionable service under the acts named, but service rendered in the Regular Army after said date, to be pensionable service under said acts, must be shown to have had some connection with the suppres- sion of the rebellion. If such service was rendered in the disloyal States, named in section 74, it is presumed to have been rendered in connection with the suppression of the rebellion, and, hence, is pen- sionable service under the acts named so long as the service rendered was in such disloyal States. 76. Service rendered up to and including July 1, 1865, under en- hstments in the Navy, without regard to the date of enlistment, is pensionable service under the acts named, but service rendered in the Navy after July 1, 1865, to be pensionable service under said acts, must be shown to have had some connection with the suppres- sion of the rebellion. If such service was rendered in waters adja- cent to disloyal States, as heretofore described, it is presumed to have been rendered in connection with the suppression of the rebel- lion, and, hence, is pensionable service under the acts named so long as the service rendered was on vessels in such waters. 77. The word "construed," as used in section 4701, Revised Statutes, is held to mean "presumed," in the ordinary legal accepta- tion of the term. This construction is applicable to all pension cases, including claims for increase and original claims under the act of May 11, 1912. The soldier is to be credited -with all the time of service up to the date of discharge or date of disbandment. It is not required that the soldier should show in the first instance where he wafi up to the date of disbandment, but the presumption stated in the law shall be held to apply; however, should it appear in fact that the soldier was not with his command or in the service, then the presumption would be overruled and the true state of facts would control. 78. The adoption of any rules defining pensionable service shall not of itself operate to reopen any claim for pension heretofore adjudicated in accordance with the practice existing at the date of its adjudication. REGULATIONS GOVEENING PENSION BTTBEAXJ. 21 79. In claims based on the length of service of drafted men, in the absence of record evidence showing the exact date of service of notice of draft, it shall be presumed that notice was served on the last of the 10 days allowed by law for service of such notice. If, however, the evidence in the case establishes a different date of service of notice, or if the applicant claims and proves that notice was in fact served at an earlier date, such date shall be accepted. Pen- sionable service shall not be computed from a date prior to service of notice of draft. 80. Certificates hereafter issued under the act of May 11, 1912, shall show the rate to which claimant is entitled, as well as the rate and time of commencement of any increase to which he may become entitled by reason of advancing age. 81. In claims under the age and service clause of the act of May 11, 1912, no formal application shall be required except in claims for original allowance under said act. 82. Increase of pension under the act of May 11, 1912, shall com- mence from the date the pensioner is shown by the evidence to have attained the age entitling him to increase. 83. In claims for increase under the act of May 11, 1912, adjudi- cated prior to the passage of the act of March 4, 1913, wherein certifi- cates have been issued granting increase from date of filing said claims as provided by the then existing law, the adjudication thus affected as to date of commencement of the increase thereby allowed shall not be disturbed. 84. When the exact date of birth can not be established by an applicant for pension under the act of May 11, 1912, and amendments, the approximate date may be fixed by the best obtainable evidence. 86. Where it clearly appears that the claimant has passed the maximum age of 75 years at the date of filing his original claim, his allegation as to date of birth shall be accepted without further proof. 86. When an increase is claimed and allowed under the disability clause of the act of May 11, 1912, the increase shall commence from the date of filing the declaration or affidavit claiming the same, and upon which declaration the claim is adjudicated. 87. If an applicant for pension under the act of May 11, 1912, is, at the time of filing the claim, in receipt of a greater rate of pension under some other law than he is entitled to receive by reason of age and length of service under this act, the claim should be rejected. 88. In the consideration of claims under the act of May 11, 1912, as amended by act of March 4, 1913, if it be found by the reviewers that the applicant has not reached a beneficial age, when adverse action is taken the accepted date of birth should be included in the approval on the face brief. When the claimant is notified of the 22 REGULATIONS GOVERNING PENSION BUREAU. adverse action, he must also be advised of the date of birth indicated by the evidence. The date of birth, as thus determined, shall govern future action, unless it is subsequently clearly shown that the deter- mination was erroneous. 89. a. Immediately upon the receipt of a request from a pensioner for increase under the act of May 11, 1912, as amended by the act of March 4, 1913, the papers in the case shall be drawn and examined for the purpose of determining whether he is a pensioner under the said act and whether there is basis for increase thereunder. If it be shown that he is a pensioner under said act at an age less than 75 years, such request shall be filed in the order of date of receipt and shall be taken up for consideration in the proper order. b. If a pensioner is not on the rolls under the act of May 11, 1912, appropriate response shall be made to the request at once. 90. a. When a pensioner under the act of May 11, 1912, whose claim has not been adjudicated under the act of March 4, 1913, calls up his^case by letter or otherwise, and it is indicated by his statement or the papers in the case that he will reach the next beneficial age within three months from the date when his communication comes to hand, steps should be taken to reissue his certificate, without unnec- essary delay, to allow the benefit of the automatic increase of rates. i. When such communications are received where the attainment of the next beneficial age is more than three months in the future, the adjudicating divisions shall keep such memoranda of the cases in question as shall enable the bureau to take them up for adjudication at the proper time without further notice from the claimant. 91. a. Where the year of a pensioner's birth has been estabhshed or fixed, or can now be fixed to the satisfaction of the biu-eau from evidence on file in his claim under this or any other law or ruling, such year shall be accepted without placing a further burden upon the claimant by requiring cumulative evidence. h. The year being settled, claimant's sworn statement as to day and month may be accepted. c. When a letter of rejection is written, if the facts indicate that he will in future reach a beneficial age, he should be advised of his right to execute and file another claim at the proper time. 92. Form of letter to be used where applicant will in future reach an age entitling him to a beneficial rating: Your claim for pension under the act of May 11, 1912, based on age and length of service, is rejected on the- ground that you are receiving under another law $ per month, which is a greater rate than you are entitled to receive on account of age and length of service. When you reach the age of years, which it appears will be (date), you will be entitled to a beneficial rate for age and length of service, and will then be at liberty to execute and file another claim. REGULATIONS GOVERNING PENSION BUREAU. 23 93. If the applicant was at the time of filing his claim under the act of May 11, 1912, and amendment of March 4, 1913, receiving under another law the same rate he was entitled to receive under said act, the claim should be rejected. If he has since filing reached an age that would entitle him to a greater rate, certificate should issue. Should the apphcant, after he has been notified of the rejection, state that he desires a certificate should issue under said act, even though it confers no benefit, the claim should be reopened for further consideration. The letter to be used may be in the following form : Your claim for pension under the act of May 11, 1912, is rejected on the ground that you are now receiving under another law $ per month, which is the same rate you are entitled to receive on account of age and length of service. When you reach the age of — years, you will be entitled to an increase of pension on account of age and length of service, and will then be at liberty to make written request for the beneficial rate. 94. Whenever the chief of a division or an employee of this bureau obtains information that one wlio is now a pensioner because of age and service is entitled to a higher rate, such information should be used and the pensioner rated according to his age and service, even if a letter be not received or other notice given. 95. Where, in a claim under the disability clause of the act of May 11, 1912, the disability shown as of service origin by other documents on file appears to be of such a nature as to warrant the presumption that claimant is entitled to the benefit of the "disability clause," an order for medical examination may issue at once by the medical referee without requiring further medical evidence. 96. In cases under the disability clause of the act of May 11, 1912, wherein the presumption indicated in the prior section does not obtain, the testimony of the attending or family physician shall be required, showing the extent to which the claimant was incapacitated for the performance of manual labor by reason of disabilities shown of service origin (naming them) , independent of any other disabihty, on the date of filing the application. 97. An order for medical examination shall not issue in cases where the claimant is in receipt of a pension, or was a pensioner under the general law on account of a specific disability, where no complications are alleged and shown. \ 98. a. AH claims for pensions under the disability clause of the act of May 11, 1912, shall be submitted to the Board of Eeview for approval for disabilities established as of service origin, as well as for consideration and approval for age and length of service. If approved for disabilities and not allowed at the maximum rate for age and length of service, the board shall forward cases to the Medi- cal Division for issuance of order for medical examination, or for re- jection, as the case may be. 24 KBGULATIONS GOVERNING PENSION BUREAU. h. The Medical Division shall be the sole judge as to the sufficiency of the evidence submitted to warrant a medical examination, or to establish the degree of disability. c. If an order for medical examination is issued, the case shall be returned to the adjudicating division to await the receipt of the certificate of medical examination. Upon receipt of such certificate the case shall be returned to the Board of Review for current date and thence to the Medical Division for medical action. d. If an order for medical examination is not warranted, rejection shall be made by the Medical Division and the papers returned to the Board of Review. If further evidence is deemed necessary by the medical referee before taking action, the papers shall be returned to the Board of Review, indicating the character of the evidence required, and the board shaU transmit the case to the adjudicating division to call for such evidence. 99. In aU claims rejected by the Board of Review under the dis- ability clause of the act of May 11, 1912, and coming up for consid- eration for reopening, with a view to issuing an order for medical examination, formal action of reopening shsiU be taken by the chief of the proper adjudicating division and indicated on a reopening face brief, and when the claim is ready for action by the Medical Division the papers shall be submitted for the action of that division on the same face brief. CALLS UPON THE CENSUS BUREAU. 100. a. In claims for pension where age is a factor and is in ques- tion, where the evidence relating thereto is conflicting and the age can not otherwise be satisfactorily determined, calls may be made upon the Census Bureau for information as to age. Proper informa- tion from the Census Bureau may be called for in any case. Such calls shall be made only by direction of the Board of Review or of the commissioner. h. In submitting a case to the Board of Review which the examiner believes may require a call upon the Census Bureau to aid in the proper determination of the age, a memorandum to that effect should be attached underneath the face brief by the examiner. CLAIMS UNDER FIRST SECTION OF JOINT RESOLUTION OF JULY 1, 1903. 101. Upon the receipt of any request of a claimant for readjudica- tion of his invalid claim to pension under the resolution named, the case shaU be drawn from the files and the soldier advised by the bureau to file an affidavit for the purpose of identification and for a proper readjudication of his claim (except in cases where declarations KEGULATIONS GOVERNING PENSION BUREAU. 25 under the said joint resolution have already been filed), setting forth the number of his former pension certificate, the Union and Con- federate service rendered by him during the War of the Rebellion, whether he rendered any military or naval service either before or since said war, the nature of the permanent disabihties from which he suffered at the time of dropping his name from the roll, and whether the same were due to- vicious habits; his occupation and place of his residence since that time, and his present post-office address. 102. In the claims of widows and minors, where no declaration under the joint resolution has been filed, a like affidavit shall be called for, setting forth the number of the former pension certificate, of services rendered by the soldier, whether the widow has remarried since the date of dropping her name from the rolls, and whether all the minor children are still living. 103. In widows' and minors' cases it must be shown by evidence whether title has lapsed by reason of remarriage of the widow or death of the minor children. 104. The joint resolution does not for pmrposes of accrued pensions under the act of March 2, 1895, revive the pension of a former pen- sioner or make pending any claim of an applicant for pension who died prior to the passage of the joint resolution. CLAIMS UNDER ACT OF MARCH 3, 1899. Claims for division of pension under the act of March 3, 1899, will be adjudicated in accordance with the following rules: 106. Claimants will be required to file with their declarations proof in support thereof sufficient to establish a prima facie case under the law. 106. a. When a claim is filed under the act of March 3, 1899, Form No. 3-945 shall be filled out and forwarded to the proper adjudicat- ing division, where it shall be placed in the files, and thereafter all evi- dence received in the adjudicating division in the claim under the act cited shall be at once forwarded to the Law Division. h. When the claim under the act of March 3, 1899, shall have been finally disposed of the adjudicating division shall be so informed and directed to destroy the said notice. 107. Where the claim is filed by the wife, alleging that the pensioner has deserted her for a period of over six months subsequent to March 3, 1899, and prior to the execution and filing of the declaration, the declaration must be accompanied by evidence showing that she is the wife of the pensioner; that the pensioner has deserted her for the period alleged in the declaration; and that she is a woman of good moral character and in necessitous circumstances. 108. Where the claim is filed by a wife, aUegmg that the pensioner is an inmate of a State home for soldiers or sailors, the declaration 26 EEGULATIONS GOVERNING PENSION BUREAXT. must be accompanied by evidence showing that the claimant is the wife of the pensioner; that she is a woman of good moral charactw; that she is in necessitous circumstances; and that she is not also an inmate of the same institution or of some home provided for the wives and children of soldiers and sailors. 109. Where the claim is filed by the wife, alleging that the pen- sioner is an inmate of a National soldiers' home, the declaration must be accompanied by evidence showing that the claimant is the wife of the pensioner; that she is a woman of good moral character; and that she is in necessitous circumstances. 110. Where the claim is filed by or on behalf of the minor child or children, under 16 years of age, of a pensioner, alleging that pensioner has deserted said child or children, the declaration must be accom- panied by evidence showing the marriage of the parents; the date of birth of each child; death or divorce of the mother of the minor chUd or children, or that she has no title under the said act; that the pensioner has deserted such chUd or children for the period alleged; and in the event of the death or divorce of the mother of the minor chUd or children, that the pensioner had not remarried prior to the statutory date of desertion, or that his present wife has no title under said act. 111. Where the claim is filed by or on behalf of the minor child or children, under 16 years of age, of 'the pensioner, alleging that the pensioner is an inmate of a State home for soldiers or saUors, the declaration must be accompanied by evidence showing the marriage of the parents; the date of birth of each child; the death or divorce of the mother of the minor child or children, or that she has no title under the act of March 3, 1899; in the event of the death or divorce of the mother, that the pensioner had not remarried prior to the statutory date of entrance into the home, or that his present wife has no title under said act; and that the children are not also inmates of the same institution or of some home provided for the wives and children of soldiers and sailors. 112. Where the claim is filed by or on behalf of the minor child or children, under 16 years of age, of the pensioner, alleging that the pensioner is an inmate of a National soldiers' home, the declara- tion must be accompanied by evidence showing the marriage of the parents; the date of birth of each child; the death or divorce of the mother of the minor child or children, or that she has no title under the act of March 3, 1899; and, in the event of the death or divorce of the mother, that the pensioner had not remarried prior to the statutory date of entrance in the home, or that his present wife has no title under said act. 113. Where the claim is filed by or on behalf of a permanently helpless and dependent chUd of a pensioner, alleging that pensioner REGULATIONS GOVERNING PENSION BUREAU. 27 has deserted such child, the declaration must be accompanied by- evidence showing the marriage of the parents; the date of birth of the child; the death or divorce of the mother of the child, or that she has no title under the said act; that the pensioner has- deserted such child for the period alleged; that the child is permanently- helpless and dependent; and in the event of the death or divorce of the mother of such child, that the pensioner had not remarried prior to the statutory date of desertion, or that his present wife has no title imder said act. 114. Where the claim is filed by or on behalf of the permanently helpless and dependent chUd of a pensioner, aUegiag that the pen- sioner is an inmate of a State home for soldiers or sailors, the decla- ration must be accompanied by evidence showing the marriage of the parents; the date of birth of the child; the death or divorce of the mother of such child; that such child is permanently helpless and dependent; in the event of the death or divorce of the mother of said child, that the pensioner had not remarried prior to the statutory date of entrance into the home, or that his present wife has no title under said act; and that said child is not also an inmate of the same institution or of some home provided for the wives and children of soldiers and sailors. 115. Where the claim is filed by or on behalf of a permanently helpless and dependent child of a pensioner, alleging that the pen- sioner is an inmate of a National soldiers' home, the declaration must be accompanied by evidence showing the marriage of the parents; the date of birth of the child; the death or divorce of the mother of such child; that she has no title under the act of March 3, 1899; that such child is permanently helpless and dependent; and, in the event of the death or divorce of the mother of said child, that pensioner had not remarried prior to the statutory date of entrance into the home or that his present wife has no title under said act. 116. A declaration, unaccompanied by evidence as indicated herein sufficient to establish a prima facie case, shall not be considered as conferring any right upon the claimant, or as serving notice upon the bureau sufficient to warrant the suspension or the withholding of any part of the pension due or o-vving to the pensioner. Such a decla- ration, when received, shall be promptly returned to the claimant, with a statement indicating the evidence necessary to complete the application. The evidence accompanying such declaration, if any, shall be retained in the bureau, and upon the return of the declaration with the evidence necessary to make a prima facie case the claim shall be filed and jacketed. 117. a. Upon the filing by the -wife, minor child or children, or by the permanently helpless and dependent child of the pensioner of a declaration, accompanied by sufficient evidence to estabhsh a prima 28 EEGULATIONS GOVERNING PENSION BUEEAU. facie case under the act of March 3, 1899, the Chief of the Finance Division shall at once be instructed to cause payment of one^haK the pension due and unpaid, and thereafter to become due the pensioner, from the date of statutory desertion or of entrance into a State or National soldiers' home, and during the pendency of the claim under said act, to be suspended. h. The Chief of the Finance Division, upon receipt of an order to suspend payment of one-half pension to a pensioner, shall make a record entry of the same and shall promptly acknowledge receipt thereof, and thereafter no payment of the one-half pension shall be made to any person until further directed by the Commissioner of Pensions. c. In case the pensioner is an inmate of a National soldiers' home, the treasurer of said home shall, on the same date of the order of sus- pension to the Chief of the Finance Division, be duly advised through the governor of said home of such order of suspension. If on the date of the receipt of said order by the treasurer of the home he shall be in possession of any unexpended pension money drawn in the pensioner's behaK, or to which the pensioner became entitled during his residence in said home subsequent to March 3, 1899, the treasurer shall withhold and retain possession of one-half of such unexpended pension money, subject to the future orders of the Commissioner of Pensions. 118. In all cases filed under the act of March 3, 1899, and allowed, the claimant, within the period covered by title as established, is entitled to one-half of so much of the unpaid pension as is due or owing to the pensioner at the date of the fihng of the declaration, and covering the period from the date of the statutory desertion, subsequent to the passage of the act of March 3, 1899, or covering the period from the entrance of the pensioner into a State soldiers' or sailors' home, or a National soldiers' home, subsequent to the pas- sage of the act of March 3, 1899. In cases of desertion, where the desertion occurred prior to the passage of the act of March 3, 1899, the date of statutory desertion shall be accepted as March 4, 1899. In cases where the desertion occurred subsequent to March 3, 1899 (the date of the passage of the act), the date of the actual desertion shall be accepted as the date of the commencement of the statutory desertion. No right can accrue to a wife claimant until the pen- sioner has been in actual desertion for a period of over six months prior to the execution of her declaration, and no right of appHcation by a wife, under the act, can accrue on account of desertion, until six months have expired from the date of such desertion. 119. In cases filed under the act of March 3, 1899, where the pen- sioner is an inmate of a State soldiers' or sailors' home, or a National soldiers' home, the actual date of entrance into the home subsequent REGULATIONS GOVERNING PENSION BUREAU. 29 to March. 3, 1899, shall govern. If at the date of the passage of the act the pensioner was an inmate of a State soldiers' or sailors' home or a National soldiers' home, March 4, 1899, shall be considered as the statu- tory date of the pensioner's entrance into the soldiers' home, and pay- ment, if the claim is allowed, shall be one-haK of so much of the pen- sion as remained impaid and due and owing to the pensioner at the date of the filing of the declaration. 120. Where an increase of pension is allowed a pensioner subse- quent to the allowance of a claim under the act of March 3, 1899, the beneficiary shall be entitled to one-half of only so much of the pension as is due the pensioner covering the period subsequent to the statu- tory desertion established in the claim, or subsequent to the date of the entrance of the pensioner into the soldiers' home subsequent to the passage of the act of March 3, 1899, and within the period covered by title as established. 121. As promptness in the adjudication of claims filed under the act of March 3, 1899, is imperative, to avoid vexatious charges against one or the other, both the claimant and the pensioner shall be required to answer promptly calls made for evidence. 122. Where a prima facie case under the act of March 3, 1899, has been filed, the pensioner shall receive the usual notice of the filing of the claim, and shall be allowed 30 days, as herein provided, from the receipt of said notice, to answer the allegations made therein. Where pensioner has made answer under oath, the substance of his allega- tions, with the evidence filed in support thereof, if any, shall be fur- nished the claimant, and thirty days allowed for reply thereto. Should the claimant fail to complete the claim, or fail to give satis- factory reason for so doing, the case should be rejected, on the ground that claimant has failed to estabhsh title within the meaning of said act. 123. Where the pensioner receives the usual 30-day notice of the filing of the claim under the act of March 3, 1899, and fails to make answer within 30 days from the receipt thereof, he shall be considered as waiving his right of answer, and the registry return receipt card, or other evidence, showing his receipt thereof, shall be considered as proof of service upon him of notice of the fiUng of the claim and his waiver of answer thereto. 124. Upon the adjudication of a claim under the act of March 3, 1899, the bureau shall promptly notify both parties of the action taken, by registered letter, informing both that 30 days from the mailing of said notice will be allowed for the purpose of appealing from the decision of the bureau, and there shall be inclosed, to both claimant and pensioner, a copy of Kules of Practice in such appeals. No payment shall be made until the expiration of said 30 days, unless the right of appeal shall be sooner waived: Provided, however, That 30 REGULATIONS GOVERNING PENSION BUREAU. the unexplained failure of a pensioner to appear, answer, or in any way plead to the claimant's application, after due notice thereof, shall be deemed a waiver of his right of appeal to the extent that, if the claim is allowed, final orders for division of pension shall issue at once. 126. Upon the filing of an appeal, in accordance with the rules of the department, payment shall be further suspended, pending the decision of the department upon the appeal, as required by such rule. 126. If no appeal is filed within 30 days from the date of mailing formal notice of bureau action to the parties, payment shall be made in all cases allowed, and suspension of payment shall be removed in all cases rejected, and the full amoimt of pension restored to the pen- sioner in the last-named cases. 127. Any and all payments of one-haK the pension to any of the beneficiaries named in the first three provisos of said act of March 3, 1899, shall hereafter be made by and through the disbursing clerk, and, in future, no payment shall be made to any of said beneficiaries by the treasurer of a National soldiers' home, except one-half of so much of the pensioner's pension as shall be in the hands of the treas- urer of said home, and unexpended, at the date of filing the claim under said act, in which case the treasurer shall withhold and dis- burse upon the order of the Commissioner of Pensions. 128. Applications for reconsideration or reopening of the bureau action in cases under the first, second, or third provisos of the act of March 3, 1899, should be in the form of a motion, or petition, stating briefly, but specifically, the groimds upon which the applica- tion is based, and which, if true, would warrant a modification or reversal of the bureau action. The motion should be accompanied by evidence sufiicient, if true, to establish the grounds for reconsid- eration, or reopening, relied upon by the applicant, and by due proof of service of copies of the motion, or petition, and the supporting evidence upon the opposite party or his or her attorney. Proof of service must be such as shall satisfy the bureau that the opposite party has been informed of the motion, or petition, and the supporting evidence, and may consist of, first, a written acceptance of service by the opposite party or his or her attorney of record; or second, a postal registry return receipt card signed by the opposite party or attorney of record, accompanied by an afl&davit showing that on a certain date copies of the motion, or petition, and the supporting evidence were mailed in a registered letter, post paid; to the opposite party or the attorney of record, addressed to a certain post ofiice (naming it) ; and that the card was returned in acknowl- edgment of receipt of such letter; or third, an afl&davit, showing that on a certain date and at a certain place copies of the motion or REGULATIONS GOVERNING PENSION BUREAU. 31 petition, and of the supporting evidence were personally delivered to the opposite party or his or her attorney of record. Applications for reconsideration, or reopening, not conforming to the foregoing requirements, or showing satisfactory reason why per- sonal service can not be made, shall not be considered by the bureau, but shall be promptly returned to the apphcant or his or her attorney of record, for compUance therewith. 129. a. Upon the filing of an apphcation for reconsideration or reopening, conforming to the requirements of the foregoing rule, pay- ment of the one-half pension in question shall be suspended pending the adjudication of such application. &. The papers in claims under the act of March 3, 1899, should during the pensioner's lifetime, be kept separate and apart from the invalid papers, in the prescribed jacket, properly fastened. CLAIMS XTNDEB ACT OP MAY 30, 1908. 130. The certificate of the Chief of Army and Navy Division shall be accepted as showing, in the case of any individual claimant, the facts as to whether service was rendered, payment therefor made by the State of Texas, and said State reimbursed for such payment by the United States. CLAIMS TJNDEIl ACT OF FEBRUARY 19, 1913. 131. a. The act of February 19, 1913, is construed to include those survivors of Indian wars who have estabhshed, or may hereafter establish, title to pension under the acts of July 27, 1892, June 27, 1902, or May 30,^ 1908. h In the case of pensioners on the roll February 19, 1913, who had established title to pension under said acts, but who were in receipt of a pension of less than $20 per month under some other law, new certi- ficates shall issue showing the increased rate provided by the act of February 19, 1913, and a letter from, any such pensioner shall be suffi- cient to cause a case to be taken up for that purpose. c. In the case of pensioners or claimants who have not established their title to pension imder said acts, and who may be entitled to the benefits of the act of February 19, 1913, a valid declaration shall be required, unless one has already been filed. d. In all cases where pensioners or claimants are found to be entitled to th& benefit of the act of February 19, 1913, the increased ra,te of $20 per month shall commence on February 19, 1913. BOUNTY LAND WARRANTS. 132. a. Upon the issue of an original or duplicate bounty land warrant, the same shall be dehvered personally or forwarded to the claimant by registered mail, and the receipt card shall thereafter be 76704°— 15 3 32 KEGULATIONS GOVERNING PENSION BUREAU. filed with the papers in the claim and be accepted as prima facie evidence of the delivery of the warrant to the claimant. I. In no case shall a bounty land warrant be delivered to any other person than the claimant, nor shall the delivery be made in any other way than as provided in this section. 133. a. In forwarding a bounty land warrant to the claimant there shaU be inclosed therewith a blank form for a receipt for the warrant to be signed by the claimant and returned to the bureau for filing in the case, and the claimant's attention shall be invited to the provi- sion of sections 2414 and 2436, Eevised Statutes, and to the provisions of the act of July 4, 1884, relative to attorney fees in bounty land claims. 6. The attorney of record in the claim shall be notified of the issu- ance and delivery of the warrant. CLAIMS ON ACCOUNT OF BATTLESHIP "MAINE." 134. In claims for pension arising out of destruction of the U. S. S. Maine on February 15, 1898, declarations executed and filed sub- sequent to the discharge or. death of the person upon whose service a claim is based shall be accepted as valid without regard to whether the claimant is or is not entitled to be a beneficiary under section 2, act of March 30, 1898. Pensions allowed such beneficiaries must not commence prior to February 16, 1899, as provided in section 4 of said act. REGULAR ESTABLISHMENT. 135. All claims for pension based upon death or disability incurred in the Regular Army, Navy, or Marine Corps of the United States, between July 1, 1865, and April 21, 1898, and subsequent to July 4, 1902, shall be charged to a separate class to be known as "Regular Estabhshment." LINE OF DUTY. 136. In claims for pension where disability or death is alleged to be due to a disease chargeable to the service, if the existence of the disease is satisfactorily shown in the service as alleged, and if it does not appear' that the soldier or sailor was absent when the same was incurred and there is nothing adverse to its origin, line of duty may be presumed. CLAIMS UNDER DIFFERENT LAWS. ELECTION AND RE STORATION. 137. No claim for pension shall be deemed to have reached final adjudication until all evidence necessary for a legal adjudication has been obtained and a legal approval or rejection had upon such evidence. REGULATIONS GOVEHKIWG PENSION BUEEATJ. 83 138. Where, in a claim for pension, the title established is to an equal or less rate than that which the applicant is already receiv- ing under some other law, it shall be dealt with as provided in sec- tion 93. 139. In the event that a claimant is accorded a rating under the act of June 27, 1890, as amended by the act of May 9, 1900, or under the act of April 19, 1908, but is already on the rolls at a higher rating under sections 4692 and 4693, or 4702 and 4703, Eevised Statutes, he or she shall be notified of the action taken in the pending claim as follows: You are infoimed that the above-entitled claim for pension under the act of has been approved at $ per month, but as been pensioned under sections and , Revised Statutes, at $ per month, from , tor the reason that it confers no benefit, an issue will not be made under the act of , unless should desire to surrender pension under sections and , Revised Statutes, and request. . the issue of a certificate under the act of If request. . issue of certificate under the act of , a fee of $ will be deducted from the pension allowed under such issue, to be paid to attorney , of 140. In the event that a claimant is accorded a rating under sec- tions 4692 and 4693, or 4702 and 4703, Revised Statutes, but is already on the rolls at a higher rating under some other law, he or she shall be notified of the action taken in the pending claim as follows: You are informed that the above-entitled claim for pension under sections and Revised Statutes, has been approved at $ per month, from , on account of , but as been pensioned under the act of , at $ per month, from , f or the reason that it confers no benefit, an issue will not be made under sections and , Revised Statutes, unless should desire to surrender- pension under the act of , and request. . the issue of a certificate under sections and , Revised Statutes. If request. . the issue of a certificate under sections and , Revised Statutes, a fee of $ will be deducted from the pension allowed under such issue, to be paid to attorney , of 141. Nothing under this title shall be so construed as to delay the final adjudication of any claim to await completion of any other claim pending in behalf of claimant. 142. Gaims pending under sections 4692 and 4693, Revised Statutes, in which medical examination faUs to show a greater rate for disabili- ties alleged tmder said sections than the pensioner is receiving under a subsequent act, shall be referred to the medical referee by the chief of the adjudicating division for an opinion as to the rate radicated. If the opinion of the medical referee shows that no benefit would accrue to the claimant under sections 4692 and 4693, Revised Statutes, 34 EEGULATJONS GOVERNING PENSION BUREAU. if the claim were completed, the claim shall be submitted to the board of review for proper action. 143. Where a pensioner having a certificate under sections 4692 and 4693, Revised Statutes, surrenders it to take a certificate under any subsequent act, the disability for which he had been pensioned having increased, an application for renewal and increase of his pen- sion thereunder having been filed in the bureau, and the medical examination held thereunder showing such increase, the form of cer- tificate issued in such cases shall be "renewal and increase under the general law/' pension to commence on the date of the medical exami- nation, with proper deduction of payments made since that date under the subsequent act. 144. Where a pensioner under the act of June 27, 1890, as amended, act of February 6, 1907, or act of May 11, 1912, files a claim under sections 4692 and 4693, Eevised Statutes, and upon adjudication of such claim title to a rating less than or equal to that which he is then receiving is established and admitted, the issue of certificate is sub- ject to his election. If he fails to elect to take pension under sections 4692 and 4693, Revised Statutes, but subsequently files a claim for a higher rating under said sections, the claim for the higher rating under said sections shall be entertained, regardless of the fact that the pensioner's name had not been inscribed on the rolls under said sec- tions; and, if certificate is issued, pension shall commence on the date fixed in the original adjudication and the higher rate from the date of the examining surgeon's certificate establishing the same, with such deductions as may be necessary to give pensioner the full benefit of the highest rating allowed him over the period covered by both certificates. DISPOSITION OF CLAIMS FOB, TWO OB MOBE DISABILITIES. 145. Invalid claims in which more than one disability is alleged may be allowed when one of the pensionable disabilities is established. The examiner submitting the claim shall at the same time make the proper caU for the evidence necessary to complete the claim for the other disabilities. After allowance of the claim the papers shall be returned to the adjudicating division for completion of claim for the remaining disabilities. 146. No claim which has been allowed and in which certificate has issued, leaving one or more disabihties pending, shall again be sub- mitted to the board of review until the merits of all alleged disabilities are determined, or the claimant shall have stated his inability to complete the claim. Where a call for evidence has been unanswered for six months, the claim may be submitted for allowance for the disabilities proved and for rejection of those not established. KEGULATIONS GOVBKJJING PENSION BUKEAU. 85 DECLABATION OF APPLICANT AS TO OTHER SERVICE, 147. Where a declaration for pension contains a statement that the applicant had "no other service," such statement may be accepted as prima facie evidence upon that point, but may not be accepted as conclusive, either as to services prior or subsequent to the service named. If any reason appears for supposing that there may have been another service, the question should be fuUy inquired into. 148'. If the soldier has been pensioned, and\the widow or depend- ents apply for a pension based upon the status of the soldier fixed by the Pension Bureau during his lifetime, the claimant shall not be required to make further showing as to other service of the soldier, unless there first appears a good reason for the belief that there may have been a prior or subsequent service. REFUNDMENT AND RECOVERY. 149. Whenever practicable, refundments and recoveries of money shall be required in drafts on New York, payable to the Treasurer of the United States. In case the refundment is by post-office money order the same should be drawn on the postmaster, Washington, D. C, payable to the Treasurer of the United States. AU refund- ments and recoveries should be transmitted to the Commissioner of Pensions, for deposit to the credit of the proper appropriation. 150. All checks, drafts, post-oiRce money orders, and cash received in the bureau shall be forthwith delivered to the Chief of the Finance Division, who wiU give proper receipts for same. All such checks, drafts, money orders, and cash, if they represent refundments on account of improper payments, shall be transmitted to the Treasurer of the United States and proper certificates of deposit for the amounts procured. The Auditor for the Interior Department shall be advis^ed, upon receipt of the certificate of deposit, as to the disposition to be made of the amount refunded. 151. a. If the recovery be made by a special examiner, he shall be governed by letter of instructions from this bureau as to amoimt to be recovered or refunded. No action shall be taken by the special examiner, except to report the facts in the case, until such letter of instructions shall have been received by him, save in case of emer- gency where delay in securing the refundment might endanger its recovery, when the special examiner shall exercise a sound discretion as to the advisabihty of taking immediate action. B. In case of refundment obtained by special examiner, a full and complete record of the entire transaction, giving the number, date, and amount of the draft or post-office money order and the names of all parties connected therewith, shall be made in a book to be kept for that purpose by the Chief of the Special Examination Division. 36 KEGUI-A.TIONS GOVEENING PENSION BUEEAU. 152. In cases where an applicant has misstated his age, but where there is no evidence qi intent to defraud, recovery shall be made of the erroneous payments covering the period from date of allowance to the date when the pensioner arrives at an age which would warrant the allowance of the rate in question, without reference to the ques- tion of filing additional application. 163. In cases where the misstatement as to age is shown to have been made with fraudulent intent on the part of claimant, recovery shall be made of aU erroneous payments made under the allowance based on the declaration in question. 154. Where an overpayment of pension has been made as a result of fraud or the concealment of an essential fact on the part of the pen- sioner, or of mistake of fact, and the pensioner dies and a claim for the accrued pension from the date of last payment to date of the pen- sioner's death, is made, the act of December 21, 1893, does not apply, the Government having the right to reimburse itself for the amount erroneously paid to the pensioner by reason of fraud, concealment, or mistake of fact. DBOPPING. 155. a. When it has been determined by satisfactory proof, after legal notice to the pensioner, that the name of such pensioner was put on the pension roll through false and fraudulent representations, the name and cause for dropping such pensioner shall be submitted, in a proper letter prepared in the Finance Division, to the Secretary of the Interior, and upon receipt of his approval of the proposed action, the name of the pensioner shall be dropped from the roll. I. Where disability from pensioned cause has ceased, the Board of Review and Medical Division, in making approval for droppings, shall indicate the date such disability is held to have ceased, and in the notice to the Finance Division to drop name from the rolls such date shall be stated, in order that payment may be made to that date. This rule may not prevent payment of pension beyond the date the disability is held to have ceased in those cases where such event occurs so short a time before the next quarterly payment as to pre- vent the statutory notice prior to payment becoming due, but it must be applied in all cases where it can be. ACCRUED PENSION AND BEIMBUBSBMENT. 156. All applications for accrued pensions which are not accom- panied by a declaration for pension in behalf of the widow or minor child shall be forwarded to the Law Division. The Law Division shall secure the necessary data from such application to drop the pen- sioner's name from the roll and forward said data to the Finance Division, and shall then immediately send the accrued claim to the proper adjudicating division. KEGULATIONS GOVEBNING PENSION BTJHEAU. S7 Applications for accrued pension are not required to be in any particular form. The right to the accrued may be considered and adjudicated upon request, by letter or otherwise, containing sufficient information, or as an incident to the claim of a widow or guardian of minors. 157. In the consideration of claims for reimbursement under the act of March 2, 1895, the amount received on account of the expense of the pensioner's burial from pubUc funds of the various States or provided by the Government in the District of Columbia, shall be deducted from the approvable expenses. The fact that a certain amount may be available for burial purposes under the laws of the various States shall not be considered in the settlement of such claims unless it be shown that such amount has been or will be received. 168. Title to accrued pension shall be established in the adjudicat-' ing divisions and board of review according to the usual procedure. 159. In the adjudication of accrued pension claims careful examina- tion shall be made of papers to determine whether the last pension certificate issued to the deceased pensioner is with the papers, and the fact as to whether such certificate is with the papers shall be care- fully noted on the accrued face brief. Any such certificate found shall be attached to the brief next after the face brief. The presence or absence of said certificate in the files of this bureau shall be noted on a memorandum from the Certificate Division with the order of pay. 160. Hereafter, no original or other certificate upon which no payment has been made shall be canceled on account of death of the pensioner. Certificates of this kind shall be sent to the Finance Division, where they shaU be filed in the claim, and the pensioner's name dropped from the rolls. When claims to the accrued pension in these cases are established, they shall be submitted on the usual accrued face brief, which shall show, in addition to the other facts, whether an attorney was entitled to a fee when the claim was allowed, and if so, the amount thereof. In cases where attorneys are entitled to fee, the "accrued orders" shall show the names of the attorneys and the amount of fees- due, and direct thiat they be paid from the accrued pension. 161. An incomplete claim of a deceased claimant who leaves neither widow nor minor child surviving and in wliich no claim for reimbursement has been filed, shall be rejected for that reason. If it is called up by a person claiming a right to complete the same under the act of March 2, 1895, such person shall be notified of the require- ments to complete the pending claim, and of the conditions under which reimbursement under the act of March 2, 1895, may be obtained, reimbursement blanks being inclosed. 88 REGULATIONS GOVERNING PENSION BUREAU. . 162. Claims for reimbursement shall be referred through the Law Dmsion to the Army and Navy Division. If in the reimbm-sement sectiim it be found that the pensioner's name has not been dropped from the roll, all the papers shall be referred by it direct to the Finance Division for dropping. CALLS RELATIVE TO PAYMENTS. 163. Whenever information is required touching payments to any pensioner, call therefor shall first be made upon the Finance Division; if the information is not obtainable there, a call may then be made upon the Auditor for the Interior Department. CONSOLIDATION OF CLAIMS. 164. a. When an original claim of a widow, minor, or dependent relative of a soldier is filed, and upon an examination of the records 4t appears that a pension had been previously allowed to or on account of the soldier named in the apphcation, the Record Division shall note the number and series of the certificate previously issued upon the jacket of the new claim and forward the claim to the adjudi- cating division to which it belongs. h. When the claim shall have reached the adjudicating division, the chief of division shall forward to the admitted files a slip bearing the certificate number, series and service of the allowed claim, and the number of the pending claim. The allowed claim, including the jacket, shall then be drawn and forwarded to the adjudicating division and consolidated with the pending claim, and the slip shall be retained in its place in the admitted files. 165. When two or more pending claims on account of the same soldier are allowed on review, they shall be kept together in the certifi- cate division, and when they finally reach the admitted files they shall be filed under the number of the certificate issued to the person having the latest title in the order of succession. If at any time during the examination or adjudication of a claim it shall appear that there is a previously allowed claim, the papers or jacket of which have not been consolidated with the pending claim, the examiner having the claim in charge shall forward the proper slip to the admitted files and draw and consolidate the jacket and any other papers it may contain with the pending claim. 166. When a claim is filed and the records show no previously allowed claim, but show a pending or rejected claim, the claims shaU be consolidated by the adjudicating division upon receipt of the new claim from the record division. 167. The above directions shall not apply to the consolidation of claims for bounty land. BEGTJLATIONS GOVERNING PENSION BUEEATJ. 39 168. When a pending or rejected original invalid claim is consoli- dated with a widow's, minor's, or dependent claim, a slip representing the invahd claim, and showing under what law said claim was made, whether pending or rejected, and the number of the claim with which it is consolidated, shall be made and placed in the proper invaUd file. 169. When a pending or rejected widow's claim is consolidated with a minor's claim, or a father's with a mother's claim, or the reverse, a slip representing said claim and showing the law under which it was made, whether pending or rejected, and the number of the claim with which it is consolidated, shall be made and placed in the proper widow's and dependent file. BRIEFING CLAIMS. 170. All papers in claims submitted to the Board of Review for action shall be briefed systematically in accordance with the order of arrangement hereinafter indicated; those not so briefed should be returned for correction. 171. When a claim is briefed, a sheet of manUa paper shall be attached last of all and the whole brief fastened together with two paper fasteners passed through from back to front. Sheets of manila paper shall be placed between the different briefs. The manila sheets should not be turned over on the top of the face brief. 172. Nothing should appear above the face brief submitted. Decisions of the Secretary, directions from the commissioner or deputy commissioner as to action to be taken, opinions of the medi- cal referee, and Law Division should follow next after the face brief, in the order named. 173. Cases submitted for admission or rejection shall so state; and the examiner may give briefly his reasons for his action in the prem- ises. The grounds upon which it is proposed the claim should be rejected should always be stated by the examiner. 174. a. In cases submitted to the Board of Review reports of persons giving private information must not be attached to the brief, but must be placed in an envelope marked "Confidential," and this envelope placed in the jacket of the case. 6. All papers which do not affect the merits of the case should be collected together in a separate jacket. 175. All correspondence from witnesses and the verification of service should follow the affidavits to which they refer. 176. If a claim under any service act has already been submitted, and subsequently a claim under the general law is to be submitted, the War Department and other department reports should be removed and placed in their proper place in the general law brief. In all cases all the certificates of medical examination should always be placed at the end of the brief. 40 KEGULATIONS GOVEBNING PENSION BUBEA0. 177. The line of the face brief beginning with the words "pen- sioned for" must be left blank by the examiner to be filled in by the raters after the legal and medical approvals have been made. The raters must use the greatest care in filling this line accurately in accordance with the medical approval. 178. No erasure shall be made of any writing or printing upon any face brief, or other paper pertaining to a claim fUed, or adjudi- cated, except by such a line in red ink drawn through the writing or printing, which wUl permit the reading with distinctness of the original. All such changes or indorsements upon face briefs must be signed or initialed and dated by the person making the same. No change shall be made on a face brief on which final action has been taken. 179. AH face briefs should be indorsed or initialed so as to show at a glance the division to which the case belongs. The face brief should show the name of the Senator or Representative who called up the case. ^ 180. a. In claims of female children who have married, their names after marriage should appear at the head of the face brief, as well as below the rate, since the other matter appearing on the face brief sufiiciently shows that they are the children of the soldier. 6. In the claims of remarried widows the claimant's present name should be used, followed by the words "former widow of." 181. No claim shall be submitted to the Board of Review for action without having attached thereto a separate face brief for each class of claims involved, and action in each class shall be on the face brief especially prepared therefor. 182. After the examiner has prepared his face brief he shall verify the entries thereon and check the same with a blue pencil, being care- ful not to deface the face brief, beginning with the name of the claimant and going over all the written portions of the face brief until every item therein has been verified and checked. The same rule shall be observed in the Board of Review, where the check marks shall be made with red pencil by the reviewer and with black pencU by the re-reviewer. The errors discovered in face briefs by the reviewer shall be charged against the examiner and operate as a reduction in the standard of efficiency. 183. a. Where a claim has been rejected on legal grounds and evidence is subsequently filed therein, in considering such evidence a reopening face brief shall be used, which should show fuUy all testimony filed and the date thereof, since action of rejection was taken, and must be attached to the brief, whereupon the case shall be submitted to the Board of Review for consideration of the ques- tion of reopening. In claims rejected upon medical grounds, the reopening face brief shall be used by filling out that part thereof KEGULATIONS GOVEENING PENSION BUKEAtT. 41 which is prepared for reference to the medical referee. The action of the medical referee upon such reference shall also be entered upon the face brief in the space provided therefor. If the medical action is in favor of reopening or of ordering another medical examination, such action on the face brief constitutes a reopening of the claim, and when another medical examination is determined upon it shall be ordered by the medical referee. h. If reopening is denied on either legal or medical grounds the claimant or his attorney should be promptly advised. c. The name of a Member of Congress should not be entered on a reopening face brief, unless the tes imony with a view to reopening was filed through him, or he has called for the status of such claim since the filing of such testimony, and has been informed that he will be further advised regarding the claim after the testimony shall have been duly considered. The name of a Member of Congress should not be entered on a face brief disposing of a claim, unless the declaration was filed through him, or he has called up the case since the fifing of the declaration under consideration. 184. a. Should the medical referee reverse the action of rejection in a case referred to him by the commissioner or the deputy com- missioner, he shall use the reopening face brief and state thereon his reasons for such action. h. Likewise whenever directions are given by the Secretary, the commissioner or the deputy commissioner to reopen a claim, the adjudicating division shall reopen such case, using the reopening face brief and attaching the directions thereto. 185. Reopened claims when submitted to the Board of Review for final action shall have the regular face brief attached, the reopening face brief following it. 186. In any claim in which completed action has been taken by the Medical Division, but which has been returned for further action, the face brief must not be taken from the case, even where a change in the medical approval or rate is found necessary. In a claim in which the action of the Medical Division is not fully completed, or a new face brief is required to make changes in the contemplated approval or rates, the face brief shall not be removed. 187. When the commissioner reverses the action of the Board of Review the old face brief should be canceled by the Chief of the Board of Review by indorsement thereon, and a new face brief should be attached and action taken thereon in accordance with the commissioner's decision to which should be added the indorsement: "See directions of the commissioner of (date)" the commissioner's directions being placed immediately imder the new face brief. , 42 REGULATIONS GOVKKJSING PENSION BUKEAXT. 188. The following indicates the order of arraiig£Sli®t of papers with reference to the different classes of daicas: ORIGINAL mVALID. (SECS. 4692 AND 4S93, K. S.) 189. Face brief. (If more than one, nothing to appear between the "Faces" except the fee agreements.) Declarations. (In order of filing, oldest first.) Other statements of claimants. (In order of filing, oldest first.) Powers of attorney. Fee agreements. War Department reports. Other department reports, if any. Certificates of disability for discharge. Evidence of prior soundness, when necessary. Evidence of origin — (a) Surgeon. (&) Commissioned officers, (c) Enlisted men. Evidence of continuance in its chronological order, beginning at discharge. Certificates of medical examinations. (Arranged according to date of examination, oldest first.) 190. Where claim is being completed by widow or minor child and no widow's or minor's claim is submitted, the following evidence should come immediately after evidence of continuance: a. If widow completing: Evidence showing date of death of soldier. Evidence showing marriage of soldier. Evidence showing death of former consorts, or no prior marriage. Evidence showing widowhood. (If remarried, evidence showing that fact.) 6. If minor completing: Evidence showing death of widow. Evidence showing date of birth. Evidence showing no other minor. Letters of guardianship. ACT OF JUNE 27, 1890. 191. a. Same order shotdd be observed as in an original claim under the general law, except that, following the reports from the War or other departments, should come: Evidence of existence of disabihty, from date of filing to medical examination. Evidence of nonvicious habits. h. If the original invalid claim under the general law has already been briefed and submitted, or if there is to be an original invalid REGULATIONS GOVERNING PENSION BUREAU. 43 claim under the general law and at the same time a claim under the act of June 27, 1890, submitted, then, following the face brief under the act of June 27, 1890, should come: Declarations. Claimant's statements. Powers of attorney. Evidence of existence of disability from date of filing. Evidence of nonvicious habits. Other papers necessary to estabhsh the claim should remain in the brief under the general law claim. ACT OF FEBRUARY 6, 1907. 192. Same order should be observed as in a claim under the act of June 27, 1890, except that, in lieu of evidence of existence of disa- bility and of nonvicious habits, there should be briefed evidence of age. ACT OF HAY 11, 1912, AS AMEITDED BY ACT OF UARCH 4, 1913. 193. Same order should be observed in claims under the age and service clause of the above acts as in claims under the act of February 6, 1907. In claims under the disability clause of the act of May 11, 1912, the same order should be observed as in claims under the act of June 27, 1890. nrCREASE. (SECS. 4692 AND 4693, R. S., ASD ACT OF JXTITE 27, 1830.) 194. Face brief. Pending declaration for increase. Powers of attorney. Evidence in support of claim for increase. Former face sheets in order. (Oldest last.) The certificate of medical examination should foUow certificate of medical examination made in former claim. INCREASE AND ADDITIONAL DISABIUTY. 195. Same mode of procedure as in straight increase, except that testimony as to origin should follow former testimony as to same, and evidence of continuance should follow former evidence as to continuance. Certificate of medical examination to be placed last in the brief and fee agreements to be placed as in an original claim. REBATING. 196. Same as in increase claim. If claim for rerating is sub- mitted with any other claim or claims under general law, action for both or aU should be had on same face brief. RESTORATION AND REISSrE. 197. Claims for restoration and reissue of all kinds should be briefed as in a claim for increase and new disability. 44 REGULATIONS GOVEENING PENSION BTJEEAU. WIDOW'S CLAIM. (SECS. 4703 AJSO 4703, B. S.) 198. Face brief. Declarations. (In order of filing, oldest first.) Other statements of claimants. (In order of filing, oldest first.) Powers of attorney. Fee agreements. War Department reports. Other department reports, if any. Certificate of disability for discharge. Evidence showing any other service of soldier. Evidence of origin. (To be arranged as in an original invalid claim.) Evidence of continuance. (To be arranged as in an original invalid claim.) Evidence showing date and cause of death. Evidence of marriage to soldier. Evidence of death or divorce of former consorts or of no prior marriages. Evidence of continued widowhood. Evidence of births of children claimed for, and that they are still living. 199. If soldier was a pensioner, or where an invalid claim is also submitted, the War and other departmental reports should appear in the invalid brief instead of the widow's, as above, as also evidence of origin and continuance, except where death is attributed to other than the causes for which soldier was pensioned, or for which an invalid claim was submitted, in which event such evidence should appear with the widow's brief in the order as given above. WIDOW'S CLAIM. (ACT OF JUNE 27, 1890.) 200. The same order of briefing should be followed as in a claim under the general law, except that evidence as to means of support, followed by copy of assessment record, should occupy the place of "origin and continuance." MINOR COMPLEXmo. 201. Following dates of birth of children should come: Evidence showing date of death of widow. Evidence showing no other minors. Letters of guardianship. WIDOW'S CLAIM. (ACT OF APRIL 19, 1908.) 202. Same order of briefing should be followed as in claims under the act of June 27, 1890, except that evidence of property is not required. KEGULATIONS GOVEENING PENSION BUKEATT. 45 ACCRUED PENSION. 203. a. In case of the soldier, face brief to be placed on top of last invalid face brief. h. In case of widow or dependent relative, to be placed on top of the last face brief in such case. c. The certificate of the deceased pensioner should be placed next after the face brief. d. Evidence in support of the claim should be placed next, except: e. When there is a widow's or minor's claim also submitted; it should then appear in its proper place in such claim. MIKOR'S CLAIU. (UNDER SECS. 4702 AND 1703, R. S., OR ACT OF JUNE 27, 1890.) 204. Same order of arrangement as in a widow's claim, except that after evidence showing dates of birth of minors should come: Evidence of death or remarriage of widow. Evidence of any other minor. Evidence that all are stiU living. Letters of guardianship. HELPLESS MINOR. (ACT OF JUNE 27, 1890.) (Supplemental issue to widow's or minor's pension.) 205. Face brief. Declaration. Statements of claimant. ^ Evidence as to helplessness to follow last evidence filed in claim. Certificate of medical examination. DEPENDENT MOTHER. 206. Face brief. Declarations. (In order of filing, oldest first.) Other statements of claimant. (In order of filing.) Powers of attorney. Fee agreements. War Department reports. Other departmental reports, if any. Certificates of disability for discharge. Evidence showing any other service of soldier. Evidence of origin. (To be arranged as in an invalid claim.) Evidence of continuance. (To be arranged as in an invahd claim.) Evidence of date, and cause of death of soldier. Evidence of relationship of soldier and claimant. Evidence of cehbacy of soldier. Evidence of death or disability of father. Evidence of dependence — (a) Property. (6) Income. (c) Contributions. 46 REGULATIONS GOVEKNING PENSION BtJEBATT. Transcript of assessment records. Evidence as to whether claimant has remarried. If soldier was a pensioner, or where an invalid claim is submitted, the War and other department reports; also evidence of origin and continuance, except where death is attributed to a cause other than that for which soldier was pensioned, or for which an invalid claim is submitted, should appear in the invalid brief, instead of the dependent mother's, as above. - DEPENDENT FATHER. 207. Same arrangement as in a mother's claim, except that, after evidence of date, and cause of soldier's death, should come: Evidence of marriage to mother. Evidence of birth of soldier. Evidence of death of mother. Evidence of celibacy of soldier. Evidence of dependence. Transcript of assessment records. DEPENDENT BB.OTHERS AJSTD SISTERS. 208. Same arrangement as in a mother's case, except that, after evideiice of date, and cause of death, should come: Evidence of relationship to soldier. Evidence of celibacy of soldier. Evidence of death of father and mother. Evidence of dates of births of claimants. ^Evidence of no other minor brothers or sisters. Evidence of dependence. Transcript of assessment records. DEPENDENTS GENERALLY. 209. In all dependent cases, where one claim has been rejected and a new claim is subsequently filed, the declaration, testimony, and other papers shall be placed under a new face brief, and then the whole be superimposed on the old. If more than one, the same order will be observed. MEXICAN WAR, SUBVrVOR. 210. Face brief. Declarations. (In order of dates of filing.) Claimant's afl&davits. (In order of filing.) Powers of attorney. Department reports. Evidence of identity. ' , Evidence of disability, dependence, or age. REGULATIONS GOVEENING PENSION BUREAU. 47 INCREASE. Face brief. (To be placed on top of former face sheets.) Declarations, following former declarations in survivor's claim. Claimant's statements, following declarations. Powers of attorney. Evidence as to age, disability, and means of support to follow former testimony in survivor's claim. Certificate of medical examination. WIDOW. If there is no survivor's brief, then arrangement to bo same as in Mexican War survivor, to be followed by: Evidence of death of soldier. Evidence of marriage to soldier. Evidence as to prior marriage. Evidence as to continued widowhood. If there is a survivor's brief, then widow's brief should consist of: Face brief. Declarations. Claimant's statements. Powers of attorney. Evidence of identity. Evidence of death of soldier. Evidence of marriage to soldier. Evidence as to prior marriage. Evidence as to continued widowhood. Evidence of disability, dependence, or age. Il^SIAN WAES. SURVIVOR. 211. Face brief. Declarations. (In order of filing.) Claimant's statements. (In order of filing.) Powers of attorney. Department reports. Evidence of identity. WIDOW. If there is no survivor's brief, then arrangement to be the Game as Indian wars survivor, followed by: Evidence of death of soldier. Evidence of marriage to soldier. Evidence as to prior marriage. Evidence as to Continued widowhood. T6704°— 15 i 48 REGULATIONS GOVEKNING PENSION BUREAU. If there is a survivor's brief, then widow's brief should consist of: Face brief. Declarations. Claimant's statements. Powers of attorney. Evidence of identity. Evidence of death of soldier. Evidence of marriage to soldier. Evidence as to prior marriage. Evidence of continued widowhood, ARMY NITRSE. 212. Face brief. Declarations. Claimant's statements. Department reports. Evidence as to service (wh«n required). Evidence as to inability to earn a support. DIVISION OF PENSION. (ACT OF MAROH 3, 1833.) WIPE. 213. Face brief. (If more than one, in cases submitted to the special examination division, nothing to appear between them.) Index (if any). Declarations (in order of filing, oldest first). Sworn statements of claimant (ia order of filing, oldest first). Unsworn statements of claimant (in order of filing, oldest first). Power of attorney (claimant's). Evidence of marriage. Evidence as to prior marriage. Evidence of no divorce. Evidence of desertion, good moral character, and necessitous cir- cumstances, in order stated. Copy of assessment record. Evidence of nonresidence in a home for wives and children of soldiers and sailors. Miscellaneous evidence. Acknowledgment by finance division of order of suspension and report as to post-office address of pensioner. Statement by governor of home of amount of pension suspended. Report of governor of home as to date of admission and residence in home. Registry return receipt card. Thirty-day notice to pensioner (if returned). Sworn statements of pensioner (in order of filing, oldest first). REGULATIONS GOVKENING PENSION BUEEAU. 49 Unsworn statements of pensioner (in order of filing, oldest first). Power of attorney (pensioner's). Pensioner's family data circular (if any). Testimony in support of pensioner's contentions. All correspondence with witnesses to follow the affidavits to which they refer. MINORS AND HELPLESS AND DEPENDENT CHILD. (Division of Pension.) 214. Face brief. (If more than one, in cases submitted to the special examination division, nothing to appear between them.) Index (if any). Declarations (in order of filing, oldest first). Letters of guardianship (if any). Sworn statements of guardian or next friend (in order of filing, oldest first) . Unsworn statements of guardian or next friend (in order of filing, oldest first). Power of attorney (guardian's or next friend's). Evidence of marriage of mother. Evidence as to prior marriage. Evidence of birth of child or children. Evidence of divorce or death of mother. Evidence of desertion. Evidence of permanent helplessness and dependence. Evidence that pensioner has not remarried or that his present wife has no title to one-half pension. Evidence of nonresidence in home for wives and children of soldiers and sailors. Miscellaneous evidence. Acknowledgment by finance division of order of suspension and report as to post-office address of pensioner. Statement by governor of home of amount of pension suspended. Keport of governor of home as to date of admission and residence in home. Registry return receipt card. Thirty-day notice to pensioner (if returned). Sworn statements of pensioner (in order of filing, oldest first). Unsworn statements of pensioner (in order of filing, oldest first). Power of attorney (pensioner's). Pensioner's family data circular (if any). Testimony in support of pensioner's contentions. All correspondence with witnesses to follow the affidavits to which they refer. 50 EEGULATIONS GOVEEITIKG PENSION BUEEAIT. CASES REPORTED TO THE COMMISSIONER. 215. Every claim, the allowance of which results in the rooponing and admission of another claim previously rejected, based on the same military or naval service, shall be submitted to the Commis- sioner of Pensions for review before a certificate is issued. ADDRESSES OF CLAIMANTS. 216. a. Pensioners and claimants for pension desiring their mail sent to cities or towns with a population of 5,000 or more having free mail delivery, must give their post-office addresses, their street and number, number of post-office box, rural free delivery route, or "general delivery," as the case may be. "General delivery" addresses shall be accepted only in case it be shown that no other address such as above specified is available. &. Addresses in care of another person shall not be accepted for the transmission of pension certificates or anything of value, or which might be appropriated or wrongfully used by another person, nor shall any communication be mailed to a claimant for pension or increase at a street and number, or post office box address which is the same as that of the attorney prosecuting the claim. 217. Where it is shown that a pensioner or claimant has resided for a number of years at the address given in his application, or has more recently answered communications addressed to him in which street number, post-office box, or rural free delivery route was not used, it may be assumed that another address is not available. SPECIAL EXAMINATION. 218. a. When a special examination is deemed necessary, the request therefor shall be made in writing by the Chief of the Board of Review, or the Chief of the Law Division, or the medical referee. h. A request for such examination by the adjudicating divisions shall be communicated to the Chief of the Board of Review. c. The chief or referee requesting an examination shall make an epitome of the case embracing a statement indicating the questions sought to be determined and the reasons therefor, and communicate the same to the commissioner. Before any matter shall be sub- mitted for special examination, it must be approved by the com- missioner. 219. Index sheets shall be prepared in the Special Examination Division in aU claims submitted for special examination, and should be placed next to the face sheet. The dates when medical exam- inations are made, and not the date of the filing of the certificate in the bureau, should be noted in the index sheet in cases prepared for special examination, and the list of comrades, when required in a BEGULATIONS GOVEKNTNQ PENSION BUKBAXJ. 51 claim for special examination, should be placed next to the index sheet. 220. In all claims for special examination involving identity the reference to the adjudicating division should call for a history of the organization, to be procured from the library. No claim of this kind should be forwarded to the Special Examination Division which does not contain such a history. In such cases, also, the Board of Review should see that the War Department report contains a fuU medical history of treatment, and the personal description of the soldier; also, that a tracing of the soldier's signature has been ob- tained from the original roUs of the Auditor for the War Depart- ment, and any documents that the soldier may have filed to procure bounty or back pay; and in claims based on service in the Navy, like information should be obtained from the Auditor for the Navy Department. 221. In the special examination of an invalid or survivor's claim, when the deposition of the claimant is taken, the special examiner shall incorporate therein a statement as to the exact date of his birth, and what record thereof exists; also require him to localize as nearly as possible the municipahty or neighborhood in which he was born; likewise, have him state the names of his parents, brothers, and sisters, indicating just where they lived when the United States census was taken in 1850 and 1860, or the first and second times after his birth; and should take from each invalid claimant a fuU and explicit statement covering his marital history, whether there is a family data circular on file in the case or not; and should also have such claimant state in consecutive order the places and periods of his residence since leaving the service. 222. When it shall appear in any claim that there is a probability of fraud or crime on the part of the claimant, witnesses, attorney, attesting magistrate, or other person, in connection with the claim the case may be at once referred to the Law Division for consideration and, if proper, special examination may be requested by the chief of that division. 223. Reviewers and re-reviewers shall carefully examine all reports of the Special Examination Division found in cases which are sub- mitted to the Board of Review, and after it has taken its action shall, where there are criminal features, cause the cases to be trans- mitted to the Law Division, in order that all such reports may be properly dealt with. 224. When it is deemed necessary to send out an invalid claim (whether original, increase, or additional on account of new disa- bility) for special examination, the adjudicating division in charge of the case should be careful to see whether a ratable degree of disability has been shown; and if there be any doubt upon this point, the papers 52 REGULATIONS GOVERNING PENSION BUEBAU. shall be referred to the medical referee for his opinion. If, in his opinion, no ratable disability be shown, the case should not be re- ferred for special examination. 225. In cases which are in the field for special examination and in which requests for permits to draw pensions are filed in this bureau, the Chief of the Certificate Division shall obtain from the Chief of the Special Examination Division the face brief and index. He shalj issue the permit in the usual way, making a memorandum of the facts on a slip which is to be attached to the face brief temporarily and making an entry of the fact in a record to be kept by him. He shall then return the face brief and index to the Special Examination Division. When the case is returned fi;om the field it shall be sent immediately to the Certificate Division, that the usual jacket entries may be made. 226. When a claim is filed under any law and it is found that claimant has a claim pending which has been sent to the field for special examination, the subsequent claim shall at once be briefed and forwarded to the Special Examination Division for indexing and con- solidation with the original claim. 227. During the investigation of a claim under an earher act the special examiner shall also secure all necessary evidence for the com- pletion of the claim subsequently filed. 228. The special examiner shall not return a claim to the bureau until he has secured all available evidence in his territory relative to the merits of all pending claims in the case. Upoii the completion of a claim, under any law, the papers, when received in the bureau, should be referred to the Board of Review for final action upon the completed claim. 229. In all widows' and minors' claims where it is found that the claimant or mother had another husband than the soldier or sailor, it should be made to appear whether such other husband had any miUtary or naval service. 230. When a claim is in the field for special examination and it is found by the examiner that the claimant is dead, he should return the case to the bureau with such evidence as is available relative to his death. If knowledge of the death of a claimant whose claim is in the field for special examination reaches the bureau, the case should be recalled. 231. Cases submitted to the Board of Review by the Special Examination Division should not be returned to the adjudicating divi- sions for a call upon the War Department to verify the presence or absence of comiades who have testified before a special examiner; if the information is proper, it should be sought directly. 232. When contesting claims are filed a report from the War Department as to the service of the soldier should be obtained and KBGULATIONS GOVERNING PENSION BUEEAU. 58 both claims briefed in the usual manner and submitted to the Board of Review for reference to the Law Division. Where a prima facie case has been established by one of the contestants the board, of review shall indicate wherein special examination as to general merits is required, and the Law Division shall prepare letters of instructions for the guidance of the special examiner for the purpose of having such testimony taken as may be necessary to determine whether any criminal intent exists on the part of either or both of the claimants. Where a prima facie case has not been established by either one of the contestants, the reference to the Law Division shall be made without recommendation, for such action as that division may deem advisable, to take in determining the presence or absence of criminal features. REJECTED CLAIMS. 233. When a claim for pension or increase of pension is rejected, the claimant and attorney, if any, shall be notified at once of the action taken, 234. If, during its pendency, a claim was called up by a Member of either House of Congress who is still in office, a letter shall be written him, giving the claimant's post-office address, stating that the claim has been rejected and that claimant has been duly advised of such action. 235. Appeals must be filed with the Commissioner of Pensions. While no form is prescribed, the appeal must be in writing stating the name, service, number of claim, and the. date of the action from which the appeal is taken, and specifically pointing out the alleged mistake of fact or error of law in the adjudication of the claim by the Commissioner of Pensions. The commissioner will thereupon forward the appeal to the Secretary, unless there is a reconsideration in the Pension Bureau. No appeal wiU be entertained unless filed within one year from the date of notice of final action or order of which complaint is made. Tlie appellant sJiould always state the name, number, and service. ABANDONED CLAIMS. 236. The following practice should be observed as to abandoned claims : a. Calls for status by claimants, attorneys, or Members of Congress should be answered, and the information given that prosecution of the claim has been abandoned. i. Such claims should be revived upon the expression in writing of the desire on the part of the claimant to further prosecute the claim. Upon such a statement being made, claimant should be fully advised as to the nature of the evidence further required. 54 KEGULATIONS GOVEBNIKG PENSION BUEEAtT. ■ c. Attorneys should be treated as duly authorized upon written information from the claimant that they are such iattomeys, and that such attorneys have a valid power of attorney on file with the papers in the case. If a new attorney claims authority, he shall cause to be filed a valid power of attorney. 237. Claims drawn from the abandoned files for submission to the Board of Review for consideration of additional evidence filed, should have a distinctive slip fastened to the outside in the pending files, unless properly reopened. APPEALS TO COMMISSIONEK. 238. When a chief of division in which a claim is being adjudicated disagrees with the requirements of the Board of Review, he may ap- peal therefrom to the Chief of the Board of Review for his per- sonal decision, the point or points at issue being clearly and con- cisely stated, and should his opinion sustain the action appealed from, the Chief of the Adjudicating Division may then refer the case to the commissioner for a final decision. 239. a. Claims involving questions of marriage or divorce'shall be adjudicated in the proper division and then submitted for action in the Board of Review. Should the Board of Review be in doubt, the question shall be referred to the Law Division for opinion. From such opinion the chief of the board may appeal to the commissioner. 6. Should such a claim be rejected in the Board of Review and returned, in the ordinary, course, to the Adjudicating Division, the chief of said division, if he disagree with the conclusions of the board, may refer the case to the Chief of the Board of Review for his personal consideration of the questions involved and his opinion thereon. Should his opinion sustain the action of rejection, the Chief of the Adjudicating Division may then refer the claim to the commissioner on appeal, and the commissioner may refer it to the Law Division for its opinion, or may himself render directly his own opinion on the question being considered. c. This does not deny the right of the Adjudicating Division, with the consent of the commissioner, to refer a pending claim to the Law Division for an opinion prior to the completion of the same for sub- mission to the Board of Review. d. No case shall be presented from any division to the commis- sioner, deputy commissioner. Board of Review, Law Division, or medical referee for decision, opinion, or examination, except in the usual course of progression through the chief of the division in which the case is adjudicated, or at his instance and with his approval. KEGTJLATIONS GOVEKNING PENSION BUKEAU. 55 FBACTICE m PENSION AND BOtTNTY-LAND APPEALS. KTJLES PKOMULQATED BY THE ASSISTANT SECKETAEf OF THE INTERIOa. [240.] Rule I. — Except as herein otherwise provided, an appeal maybe taken to the Secretary of the Interior from the final action or order of the Commissioner of Pensions in all matters relating to pen- sions or bounty land, and a separate appeal must be filed in each claim. [241.] Rule II. — ^Appeals must be filed with the Commissioner of Pensions. The commissioner will thereupon, within 30 days from the filing of said appeal, consider and determine whether the action or order from which the appeal is taken shall be adhered to; and if he shall determine not to recede therefrom, he shall, within said period of 30 days, forward said appeal, together with the record in the case and a report stating his reasons for the action or order com- plained of, to the department; and said appeal shall thereupon be entered upon a docket kept for that purpose. Upon the per- fection of such appeal, by transmission and docketing aforesaid, the jurisdiction of the commissioner shall cease and determine, and the case will be decided by the Secretary on the record. Copies of the decision of the Secretary shall be transmitted with said record to the Commissioner of Pensions for action in accordance therewith. One copy of the decision shall be transmitted by the commissioner to the appellant or his duly accredited attorney. [242.] Rule III. — (a) Except as hereinafter stated, the time for filing an appeal shall be one year from the date of notice of the final action or order of which complaint is made. (b) In simultaneous contesting claims, where one is admitted and one rejected, the time allowed for the fifing of an appeal shall be 30 days from the date of mailing of notice of the bureau action to the claimant to whom the action is adverse. In such claims the Com- missioner of Pensions will promptly notify all parties in interest of the action taken by registered letter, inclosing a copy of this rule and expressly inviting attention to the fact that an appeal wUl not be en- tertained unless filed within the period of 30 days herein prescribed. (c) Upon the filing of an appeal, all parties whose interests may be adversely affected by the decision shall be notified by registered letter of the filing of the appeal and of the substance thereof and al- lowed 30 days from the date of the mailing of such notice within which to file brief or argument in answer thereto before the papers are forwarded to this department. The return of a registered letter, unclaimed, containing notice, addressed to the last known postoffice address, shall constitute suffi- cient evidence of notice. 56 KEGULATIONS GOVEBNING PENSION BXJBKAtJ. [243.1 Rule IV.-^In each appeal the name and service of the sol- dier, £)n account of whose service the claim is based, must be stated, together with the number of claim, the law under which the claim is prosecuted, and the date and substance of the action from which the appeal is taken. [244.] Rule V. — ^No appeal wiU be entertained from the refusal of the Commissioner of Pensions to recognize attorneys or agents in prosecuting claims for pension or bounty land under any law wherein the payment of a fee for such service is prohibited. [245.] Rule VI. — ^An appeal by an attorney wiU not be entertained unless he has filed a duly executed power of attorney for this purpose from the appellant or is entitled under tha rules to recognition; and no appeal, brief, motion, pleading, or other paper or communication relative to a case on appeal, filed by a firm of attorneys or agents, shall be received or docketed unless the same be signed individually by one or more duly qualified members of such firm. [246.] Rule VII. — ^An appeal taken on behalf of a claimant by or through a suspended or disbarred attorney will not be entertained. [247.] Rule VIII. — ^No appeal pertaining to the allowance of a fee when the refundment has been called for will be entertained unless refundment as required shall have been made. [248.] Rule IX. — ^The Commissioner of Pensions shall return to the appellant any appeal not in conformity with the provisions of Rules III to VIII, inclusive, stating wherein the appeal is defective. [249.] Rule X. — In proceedings before the commissioner in which he shall decide that a party has no right to appeal to the Secretary or that said appeal may not be entertained under the provisions of the foregoing rules, such party may apply to the Secretary for an order directing the commissioner to certify such action, together with the record in the case, to the department; and such application shall be in writing, under oath, and shall fuUy and specifically set forth the grounds upon which the same is based. If upon a hearing of the application the Seg-etary shall grant a writ of certiorari under this rule the jurisdiction of the department shall be ample for the correc- tion of any error appearing in the record. [250.] Rule XI. — Each appeal must contain specific assignments of the alleged mistake of fact or error of law in the adjudication of said claim by the Commissioner of Pensions, and any appeal insuffi- cient in this respect may be dismissed by the Secretary. [251.] RuxE XII. — a. A motion for reconsideration of any de- partmental decision may be filed with and entertained by the Sec- retary, in his discretion, if filed within 30 days from the date of mail- ing a copy of such decision to the last known post-office address of the claimant or his attorney of record. It must be shown in said motion EEGULATIONS GOVEKNING PENSION BUREAU. 57 that some material feature of the case has not been considered in said decision or that there was error of law or material mistake of iact. 6. And in any case involving conflicting claims of two or more parties wherein, under either Eule III or Eule XIII, the right of appeal is hmited to 30 days there shall be a stay of execution of the departmental decision until the expiration of the period within which a motion for reconsideration may be filed, unless for especial cause mandate forthwith shall issue. [252.] RxTLE XIII. — Upon the adjudication of a claim for division of pension under the act of March 3, 1899, in the Bureau of Pensions, both parties will be promptly notified by the bureau, by registered letter, of the action taken. Each party wiU, in the absence of waiver, be allowed 30 days from the mailing of said notice to appeal from said action, the appeal to be accompanied by due proof of service of a copy thereof upon the appellee, as required by Rule XIV. Unless such bureau action is appealed from within 30 days from the mailing of said notice, the bureau action shall be deemed to be final. Provided, The unexplained failure of a pensioner to appear, answer, or in any way plead to the claimant's application, after due notice thereof by the bureau, will be deemed a waiver of his right to appeal to the extent that, if the claim be allowed, fiuaal orders for division of pension may issue at once. [253.] Rule XIV. — a.. Appeals from bureau action in cases under the first, second, and third provisos of the act of March 3, 1899, must be accompanied by due proof of service of a copy of the appeal upon the appellee or his or her attorney of record. 6. Proof of service must be such as will satisfy the Commissioner of Pensions that the appellee has been informed of the appeal and the contents thereof, and may consist of, first, a written acceptance of service by the appellee or his or her attorney of record; or, second, a postal registry return receipt card, signed by appellee or attorney of record, accompanied by an affidavit, showing that on a certain date a copy of the appeal was mailed in a registered letter, postpaid, to the appellee or the attorney of record, addressed to the appellee or his attorney of record at his last known post office (naming it), that the card was returned in acknowledgment of the receipt of such letter; or, third, an affidavit showing that on a certain day and at a certain place a copy of the appeal was personally dehvered to the appellee or attorney of record. c. Appeals in this class of cases unaccompanied by due proof of service, or a satisfactory reason why personal service can not be made, will not be filed or considered, but will be promptly retm-ned to the appellant, or attorney of record, for compliance with this rule. The failure to comply with this rule shall not operate to enlarge the time within which appeal may be taksn. 58 EEGULATI0N8 GOVEBNING PENSION BUEBAU, [264.] Rm.E XV. — ^Appeals from bureau action in cases under the first, second, and third provisos of the act of March 3, 1899, when accompanied by due proof of service of a copy thereof upon the appellee, will be filed and the parties promptly notified thereof. The appellee will be allowed 30 days from the date of filing the appealin which to file answer, brief, or argument in opposition to the appeal or in support of the action from which the appeal is taken. An appeal duly filed will operate to continue the suspension of the one-half pension in controversy. [255.] Rule XVI. — a. Appeals from the bureau action in cases under the first, second, or third provisos of the act of March 3, 1899, must be confined to cases under that act, and not joined with an appeal from action in an invalid claim or claims under other acts of Congress. When perfected by due proof of service upon the appellee, as required by Rule XIV, the appeal should be transmitted to the Commissioner of Pensions. The appeal should state the post-office address of the appellant and appellee, and the certificate number and the service (company and regiment, etc.) of the pensioner, and should briefly, but specifically, state the error of law or mistake of fact complained of and the grounds relied upon for reversing or modifying the action appealed from. 6. No additional evidence upon the merits of the claim filed by either appellant or appellee will be considered on appeal. [256.] Rule XVII. — Motions for review of departmental decisions in cases for division of pension under the act of March 3; 1899, will hereafter be governed by the provisions of Rule XII. If the motion be allowed, the opposing party will be notified thereof and allowed 30 days in which to file answer, brief, or argument. [257a.] RuivE XVIII. — All cases on appeal wUl be considered and decided in regular order, according to their places upon the docket, unless, for cause shown, a case may be advanced, on motion, for earlier hearing and determination. Every such motion shall set forth succinctly the grounds upon which it is based and must be supported* by the affidavits of . at least two disinterested parties cognizant of the facts upon which the motion is based. No such motion wiU be granted except in cases involving points of pension law of general apphcation affecting other claims, unless it appears that the appellant is in extreme indigent circumstances or is ill without reasonable hope of recovery. [257&.] Rule XIX. — In all cases appealed to the Secretary of the Interior a copy of the decision shall be mailed to the party in interest or his or her attorney of record, and the mandate of the same shall be carried into effect within 15 days from the date of the receipt of the decision by the Commissioner of Pensions, unless the decision shall sooner be recalled by the Secretary of the Interior. REGtJLATIONS GOVERNING PENSION BUREAU. 59 ACTIOIT IH BXmEATT ON APPEALS. 258. a. All notices of appeal when received in the bureau shall be forwarded at once to the Board of Review, where they shall be jacketed and recorded-, the date of filing being left blank. Those relating to claims for half pension under act of March 3, 1899, or allowance of a fee, or recognition of an attorney, shall then be sent to the Law Division. h. The Board of Review shall consider aU other notices of appeal and determine whether they conform vdth the provisions of the Rules of Practice in Pension and Boimty Land Appeals, and each one which does not shall be returned to the appellant with a letter stating wherein it is defective. c. If the notice be found to conform with said rules, the date of filing the same shall be noted on the appeal jacket, and it shall there- upon be considered and determined whether the action or order from which appeal is taken shall be adhered to. d. If it shall be determined to recede from the action or order in question, the case shall be forwarded to the proper adjudicating division with a letter over the commissioner's signature, directing the action to be taken in the case. 259. a. When notice of appeal in reference to fee or recognition of an attorney is filed the Law Division shall determine whether the same is in due form. If it be in due form, date of filing shall be indorsed on the appeal jacket and said division shall then determine whether the order or action complained of shall be adhered to. If it shall be determined to recede from the action or order, the appel- lant shall be so advised and the case shall be forwarded to the proper division through the Board of Review, in order that the record of the appeal may be completed. 6. If it shall be determined to adhere to the action or order, the appeal, together with the record in the case and a report stating the reasons for the action or order complained of, shall, within 30 days from the date of- filing of the appeal, be forwarded through the Board of Review to the Secretary of the Interior. 260. a. When a perfected appeal relating to "half pension" shall have been received in the Law Division, the date of filing same shall be noted upon the appeal jacket, and the parties and their attorneys (if any) shall be notified of the filing of the appeal and the appellee and his or her attorney (if any) allowed 30 days withia which to file an answer, brief, or argument in opposition to the appeal and in support of the bureau action. Upon the receipt of an answer, brief, or argu- ment in opposition to the appeal, or upon the expiration of the time for filing the same, the Law Division shall determine whether the order or action complained of shall be adhered to, and if it be determined not to adhere, the proper action shall be taken and the case forwarded to the Board of Review to complete the record of the appeal. 60 EEGULATIONS GOVERNING PENSION BUBEAU. b. If it shall be determined to adhere to the order or action from which the appeal is taken, the appeal, together with the record in the case and a report stating the reasons for the order or action in question, shall be promptly forwarded, through the Board of Review, to the Secretary of the Interior. GUARDIANSHIP. 261. In claims for pensions filed in behalf of persons laboring under legal disability, letters of guardianship should not be called for by the Adjudicating Division. When the claim is established, payment shall be directed to the duly appointed guardian, the Finance Di- vision shall call for the proper evidence of guardianship and be held strictly accountable for the certification for payment of the pension. 262. In claims prosecuted by guardians where a discrepancy ap- pears in the name of the guardian as signed to the declaration and as given in the evidence of appointment, and identity is accepted, the name of the guardian should be given on the face brief as it appears in the evidence of appointment. No marginal note as to the discrep- ancy in name is necessary. 263. When a pensioner is put under guardianship the action of the court shall be recognized by this bureau and payment of pension shall be made to the guardian of such pensioner upon receipt by the Finance Division of the proper evidence of his appointment and the sufficiency of his bond. 264. Every guardian, or other person receiving pension in a fidu- ciary capacity, must biennially file in the bureau a certificate of the court to which such fiduciary is accountable, showing that he has accoxmted to the court, as required by law, and that the accoimt has been approved or that the Requirement for accounting has been waived by the court, if such is the fact. Blank form of certificate shall be fur- nished each guardian or committee and must be used by him. In case of failure to file such certificate, payment on the voucher with which it is required, and all subsequent payments, shall be withheld pending the receipt thereof. 265. Where a widow's name has been stricken from the rolls or she has been denied pension on the groimd of open and notorious adul- terous cohabitation and pension has been granted to the child or children, the papers in the case shall accompany the certificate to the Finance Division. In such case the Board of Review shall by a proper notation attached to the face brief direct the attention of the Certificate Division to this requirement. If such widow files letters of guardianship no pajanent shall be made to her as guardian, but the question shall be referred to the Law Division for proper action. EEGULATIONS GO VEKNING PENSION BtTEEAU. 61 CERTIFICATES. 266. In all issues made upon the basis of naval service, the name of the vessel -upon which the service was rendered shall be entered, but not including receiving ships, 267. All certificates issued shall be sent by the Certificate Division to the Finance Division. 268. In all invahd pension certificates issued under the general law, the particular disabilities for which pension is granted shall be stated. 269. Notice to claimants of the issue of certificates shall be given only on allowances where attorneys fees are to be deducted or withheld. 270. When an original certificate issues, and the case is sent to the admitted files, the Certificate Division shall make a sUp in addi- tion to the issue shp, showing the certificate number, name, service, and date sent to the admitted files, which shp shall be sent to the proper adjudicating division to be placed in the files for future CORRECTION OF ERRORS IN CERTIFICATES. 271. a. Certificates and accompanying papers requiring corrections shall be sent by the Chief of the Finance Division to the Chief of the Certificate Division, who shall cause all errors to be promptly cor- rected and return the papers to the Finance Division. h. If the errors are of such a nature that they can not be cor- rected in the Certificate Division, the chief of that division shall send the papers to the Board of Review with a blue card attached headed "Immediate." The Chief of the Board of Review shall have such cases taken up immediately after their receipt and the errors cor- rected, and the papers returned to the Certificate Division. If it be necessary to return such cases to the adjudicating divisions for the purpose of obtaining additional information, they shall be treated at all stages of their progress as "special," the intention being to have all errors corrected and the papers returned to the Chief of the Certificate Division with the least possible delay. c. If the papers in the case have been sent to the field for special examination and the error can not be corrected in their absence, they shall be immediately recalled so as to facilitate the correction of the certificate, 272. No alteration in a immber, name, service, or other entry on the face of a certificate jacket shall be made except in the Certificate Division. If errors are found on the jacket, they should be called to the attention of the Chief of the Certificate Division for correction. REISSUES m LIEU OF LOST CERTIFICATES. 273. When a new certificate is issued by the Certificate Division to replace a certificate lost or destroyed, it shall be called a " Reissue in lieu of lost certificate dated ," etc., instead of a 62 REGULATIONS GOVERNING PENSION BTJEBAU. "Duplicate" certificate, and it shall contaia all the provisions of the lost pension certificate. 274. AppUcations for reissues in lieu of lost certificates wherein the last issue shows a rating less than that provided for by the act of March 19, 1886, March 2, 1895, or April 19, 1908, shall be acted upon by the Certificate Division, and the new certificates when issued shall, after having been properly stamped to show the increased rate, be forwarded to the Finance Division for transmission to the pen- sioner. Such certificates affected by the act of M.irch 19, 1886, shall be stamped "Increased to $12 per month from March 19, 1886, by act of that date." Those affected by the act of March 2, 1895, shall be stamped "Increased to $6 per month from March 2, 1895, by act of that date"; and those affected by the act of April 19, 1908, shall be stamped "Increased to S12 per month from April 19, 1908, by act of that date." SPECIAL ACTS. 275. Upon the receipt in this bureau of a certified copy of a special pension act, the chief clerk shall make copies, over his own certificate, of the several sections thereof, and immediately forward same to the Record Division to be given the number of the claim on file, or, if there be no claim on file, to jacket and number the same. The said" copies shall then be transmitted to the Law Division, which shall record them, separate them according to services, and send them to the proper adjudicating divisions, accompanied by a copy of the report upon the act. Upon the issuance of the certificate in each case, infor- mation shall be sent to the Law Division for entry upon its records, showing the date of the special act, the date of commencement of pension, rate allowed prior to passage of the special act, rate allowed by the special act, and the increase occasioned thereby. 276. In issuing certificates for pension granted by special acts wherein the rate is fixed, no disability shall be named in the invalid special-act certificate, but the words "Under special act, dated -," shall be substituted therefor. 277. A duplicate card headed in red ink "Special act" shall be made in the Certificate Division in all special-act cases, which shall be forwarded to the Record Division for the purpose of entering the cer- tificate number in the records of said division. 278. The chief clerk shall forward aU certified copies of public acts relating to pensions and pension laws to the Law Division for filing, and where said acts affect the practice of the bureau the same shall be promulgated. 279. If a beneficiary in a special act has no claim before this bureau, a declaration must be filed before final action can be taken. EEGTJIJi.TIONS GOVBRNIKG PENSION BUREAU. 63 CASES RETURNED FOR ACTION BY COMMITTEES OF CONORESS. 280. When a case is recalled or returned by a committee of Con- gress for action on any matter, and request is made for the return of papers to the committee, the Chief of the Law Division shall for- ward the case to the desk of the chief of the proper division, with an appropriate direction. The chief of the division shall see that the action indicated is promptly taken, and that immediately upon the completion thereof the papers are forwarded to the Law Division for return to the committee of Congress from which they were received. REPORT ON MERITORIOUS CLAIMS. 281. a. The chiefs of the several divisions of this bureau shall report to the Law Division, which shall keep a record of all claims which, although meritorious, can not be allowed under the provisions of the pension laws, in order that a list of all claimants for pension or increase of pension who, in the opinion of the commissioner, ought to be placed upon the pension roll or otherwise provided for, and for doing which there is no sufficient power or authority, may be pre- sented to Congress, as provided by joint resolution approved May 29, 1830. 6. Such record shall embrace the name of the claimant, service and residence, number of the claim, nature of the disability, or basis of the claim, the grounds for the rejection, and such remarks touching its merit as may be necessary in the preparation of the commissioner's report. CLAIMS MADE SPECIAL. 282. A claim may be made special only by the commissioner or deputy commissioner. A record of special action shall be made upon the books kept for that purpose, and an orange-colored slip shall be placed on all special cases. The use of a slip of the same size and color by attorneys is prohibited, because of the confusing result in the L ureau. 283. The following claims shall be considered special, viz: Those returned by the department on appeal, when the decision is favorable to the claimant; also claims of helpless children; also on proof that the claimant is destitute and unable to earn a support; also, when claimant is sick without hope of recovery; the cause to be deter- mined by the commissioner or deputy commissioner. INSPECTION OF PAPERS. 284. The examination of papers relating to claims for pension or boimty land, by attorneys, counsel, or agents, shall not extend to reports from the governmental departments and bureaus, confiden- 76704°— 15 5 64 EEGULATIONS GOVERNING PENSION BUREAU. tial communications, or reports of special examiners relating to crim- inal charges and investigations. 285. a. The act of July 18, 1894, which permits the examination and inspection of reports of examining surgeons by the claimant or his attorney, under such reasonable rules and regulations as the Sec- retary of the Interior may provide, must be complied with in such manner as will afford all proper information to claimants and their attorneys in all pending claims, and at the same time interfere as little as may be with the work of the bureau. h. No one but the claimant in person and his recognized attorney in the claim, or said attorney's subagent, including the confidential clerk (duly accredited) of each, shall be permitted to examine the re- ports of examining surgeons filed in the claim, and such examination shall be made subject to the rules of the Pension Bureau in respect to the calling up and examination of cases by attorneys. c. Said act of Congress does not permit the copying of such reports, or any portion thereof. No person shall be permitted to take copies or make memoranda from such reports. 286. No examination of reports of examining surgeons shall be per- mitted in admitted cases wherein -there is no claim pending. 287. No examination of such reports shall be permitted in rejected cases, after the lapse of three months from the date of rejection, until the claim has been regularly reopened according to the practice of the bureau, or unless an appeal from the decision is pending. 288. No one except the clerk in charge will be permitted to examine any certificate of disability for discharge, report of medical survey, or certificate of death in the Navy before the same shall have been applied to a pending claim, except upon the order of the commissioner, deputy commissioner, or chief clerk, or upon the written request of the Chief of the Law Division or the Chief of the Special Examination Division. COBBE SPONDBNCE. 289. All congressional calls for status shall be promptly answered, and the congressional call-up slips shall be retained in the files of the case. 290. Members of Congress shall be notified of the action taken only in claims in which they make inquiry or in which they have otherwise been officially interested. Attention is called to section 183 c. 291. Every person asking information relative to the merits or status of any claim or matter pending before this bureau is entitled to a respectful and prompt reply, and aU letters of inquiry should there- fore be answered as early as practicable after their receipt. Official replies should be fully responsive to the subject matter of the request and written to the understanding of the correspondent. They should EEGXJLATIONS GOVERNING PENSION BUREAU. 65 be as brief as is consistent with a full and frank answer, stating all the facts and points necessary; anything tending to mystification or misleading the person written to should be avoided. Informa- tion as to the status or merits of a claim shall be given only to claim- ant, his recognized attorney. Senators and Eepresentatives, and heads of bureaus, unless by direction of proper authority. To those not entitled to the information requested, a response stating fuUy why no information can be furnished should be made. 292. a. Great care should be taken to avoid not only a waste of words in communications sent from this bureau, but equally to avoid lack of clearness due to attempts at brevity. To this end it will be well to avoid the use of words and phrases which may, perhaps, be called "office parlance," which, while clear enough to employees of the bureau, convey no particular meaning to others. h. The statement that a claim is rejected on the ground of "no title," etc., or on the ground of "no record," etc., should be avoided. The idea to be conveyed should be stated in direct language, such as, "Rejected on the ground that the soldier was not honorably dis- charged," etc., or, "Rejected on the ground that there is no record in the War Department," etc. This is specially applicable to forms of rejection used by the Board of Review which, while naturally and properly followed in writing letters of rejection, are not necessarily to be followed exactly in aU cases. 293. When an attorney has been disbarred and a claim in which he has been recognized is called up, in giving status to the claimant, or any other person entitled thereto, such parties should be advised that the attorney has been disbarred from practice. 294. No erasures, interlineations, or underscoring should be made on oflEicial communications from the bureau containing the signature of the commissioner. Circular letters should not be used in corre- spondence with the Department of the Interior or other departments of the Government. 295. All communications to the bureau in relation to any claim filed therein, or other matter pertaining thereto, should be addressed to the commissioner, the deputy commissioner, or the chief clerk. Communications addressed to any other official or employee of the bureau in relation to any business of the bureau should be referred to one of the officers above named before any action is taken thereon. 296. All official communications shall be made in the name of the Commissioner of Pensions, except that the personal official corres- pondence of the deputy commissioner may be made in his name, and correspondence between the medical referee and examining surgeons relating to preparation of their cettificates may be in the name of the medical referee, and aU correspondence relating to lost checks, indem- 66 REGULATIONS GOVERNING PENSION BUREAU. nifying bonds, and post-office addresses of pensioners necessary to the conduct of his division, shall be conducted in the name of the disburs- ing clerk. 297. To secure uniformity the address in all communications from this bureau should be given at the beginning. 298. When a soldier served under an assumed name the alias shall not be put on the envelope when sending him an official communica- tion, the only name to be used being that which is his present accepted name. 299. AU communications addressed to inmates of soldiers' homes should have their respective services noted on the envelope. 300. All official communications from this bm-eau must be initialed personally by the author and be carefully reviewed to see that they are plainly and clearly expressed without abbreviations, interlinea- tions, blots, or erasures, and respectful and concise in language, and properly punctuated. 301. Official communications need not, unless some special reason therefor appears, mention the date of receipt of the inquiry to which the reply is made. The date of such inquiry shall, as a rule, be suffi- cient, and even this may be omitted if circumstances warrant. 302. The address of registered articles mailed imder the official register label of the Department of the Interior must include the name of the county. 303. In all letters or documents prepared in this bureau a space of not less than 2 inches must be left at the top of each page and at least one-half inch at the bottom, and a margin of IJ inches on the left side and 1 inch on the right side, and the page number must be placed at the bottom of the page in the center. 304. Piecemeal correspondence should be avoided. Whenever a call is made for any evidence all that is required to settle the case must be included so far as can be foreseen at the time. No second calls should be made for the same evidence except in cases where it is reasonably certain that neither the claimant nor his agent has received the first, and no repeated call should be made for evidence which claimant has shown to be unobtainable. 306. If in response to a call of this bureau evidence has been filed in a claim which, in the opinion of the examiner, is not satisfactory, he should state fully the reasons why it is not satisfactory in calling for more to the same point. 306. Communications from the executive branches of the Govern- ment or from Congress or the committees thereof, which are received in this bureau by reference of the Secretary of the Interior upon matters pertaining to the affairs of the bureau, shall be replied to through the office of the Secretary. BEGULATIONS GOVERNING PENSION BUREAU. 67 307. Unfailing courtesy must be observed in all communications with otKer executive departments and bureaus, and no statement expressing censure or couched in terms of impertinent levity should have place in such communications. 308. All letters for foreign countries other than orders for medical examination, and also letters from the Disbursing Division, should be sent to the desk of the Chief of the Mail and Supplies Division, who must see that the necessary postage stamps are affixed before mailing. 309. Carbon copies of all typewritten correspondence must be made and filed with the papers in the claims to which they refer. The carbon copy should show the initials of the author of the communi- cation, the division in which it was prepared, and the name of the commissioner, acting commissioner, or other person by whom the original was signed. All carbon copies of letters in every case must be fastened together, that of the latest date on top. 310. When it becomes necessary to make a call for information from the records of a private institution or from a pubhc official for use in the adjudication of a claim pending before this bureau it should be stated in the letter that the information asked for is desired as a courtesy, as there is no general fund from which a charge for the same may be paid. If the reply indicates that the desired certificate or statement can not be furnished without the pajTnent of a fee, a letter should be addressed to the Chief of the Special Examination Division stating the facts in the case and requesting that a special examiner be directed to obtain the information needed, and in each instance in which a special examiner is required to pay for the infor- mation thus obtained, he shall make a charge in his monthly expense account. 311. In corresponding with any branch of the District of Columbia government where the return of the bureau communication is requested a duplicate copy thereof shaU be inclosed, to be retained in the files of the addressee. 312. In corresponding with any United States military or naval home, the communication should be addressed to the official recog- nized as the head of the institution, and not to the individual in charge. This applies also to communications to all institutions of a similar character. 813. Communications for consular officers of the United States in regard to pensioners residing in foreign countries, including orders for their medical examination, shall be submitted to the Department of State through the Secretary of the Interior. 314. Chiefs of division who think it necessary to call for evidence from a foreign country which may involve expense should communi- cate with the Special Examination Division and have its approval before incurring any hability. 68 EEGULATIONS GOVEENING PENSION BUREAU. 316. The Chief of the Mail and Supplies Division shall return to the writer all stamps and stamped envelopes inclosed as prepaid postage, in correspondence with the bureau. 316. a. The official maU requiring the facsimile signature of the commissioner shall be stamped in the division where prepared and forwarded direct to the MaU and Supplies Division the same day. This does not refer to communications prepared in response to calls for status by the officers of the bureau. 6. The names of the persons having charge of the facsimile stamps shall be recorded in a book kept for the purpose in the chief clerk's room, and each individual shall be held personally responsible for the proper use and care of the same. The stamps must be locked up when not in use. JACKETS AND INDORSEMENTS. 317. Mutilated claim jackets and those on which the indorsement spaces have been filled should be replaced by new ones and the old ones retained and placed within the new. There should be no indorsements on the inside of a jacket, as they are liable to be over- looked. The indorsement on a jacket should be of sufiicient clear- ness and fullness that anyone reading the same may know what is meant. Reference to forms and circulars by number and to "copy of letter within," or any other notation making an unintelligible indorsement must be avoided. The date, initials, and division of the person making an indorsement must always be noted. 318. Evidence must not be placed in claims without proper con- sideration, and should always be attached to and made a part of the briefed papers. In rejected cases evidence should always be disposed of by appropriate face-brief action. RETURN OF PAPERS. 319. Certificates of discharge, marriage certificates, family records, personal letters, diaries, bills and receipts, and other personal papers or articles which may have been filed in claims for pension, may, in the discretion of the commissioner, be returned through the Law Division upon request of the persons entitled thereto, and whenever papers so returned constitute part of the material and essential evi- dence in a claim, photostats or other copies of the same, or of so much thereof as may appear to possess evidential value, shall be placed in the case. NAMES AND ADDRESSES OF COMRADES. 320. The practice with regard to furnishing names and post-office addresses of comrades to attorneys and claimants shall be governed by the following rules, viz: REGULATIONS GOVEKNING PENSION BUREAU. 69 a. In invalid claims, applications for addresses of comrades must state name of claimant; number of claim (original or certificate); designation of company and regiment in v/hich service was rendered, or the names of the vessels to which the sailor was attached, if the service was in the Navy, and the names and service (company and regiment, or vessels) of the comrades or shipmates whose addresses are desired, and the points which it is proposed to determine by their testimony. h. In claims of widows and dependent relatives, the number of the claim, the name of the claimant, and the name and service of the soldier or sailor must be furnished. c. The names and addresses of others than those named in the re- quest may be furnished, if deemed advisable. Applications for names and addresses which conform to the above rules shall be sent to the chief of the proper adjudicating division, who shall cause an exammation to be made of the claim indicated, and, if it is found that further testimony of comrades is necessary to establish the claim, he shall call on the Chief of the Record Division for the infor- mation. The Chief of the Eecord Division shall promptly answer these calls from the chief of an adjudicating division, who shall then cause a proper reply to be made to the claimant or attorney from whom the application was received. TESTIMONY AND CREDIBILITY OP WITNESSES. 321. Numerous orders were formerly issued directing the attention of those having- to do with the taking of testimony to particular mat- ters in connection therewith and methods of procuring information. Those orders are not repeated herein, because it should be understood that in every case the proper method should be adopted to ascertain the pertinent facts in that particular case. The best method must be adopted that the nature of the case and all the circumstances indicated therein appear to require. Do the thing that is necessary and proper to ascertain the facts. IDENTITY. 322. In all cases in which a question of identity is involved, and in which a sample of the handwritmg of the person who is alleged to have rendered the service is at hand or can be secured, a tracing of the sig- nature from the original rolls of the soldier or sailor should be obtained from the proper auditor for the purpose of comparison to aid in identification, also the loan of any papers filed by the soldier or sailor m any claim for back pay or bounty. 70 EEGULATIONS GOVEENING PENSION BUREAU. CLAIMS AND FILES. CAI.I. SLIPS FOR CASES. 323. Call slips for cases drawn from the divisions or from the admit- ted or abandoned files should contain a statement designating the person in whose behalf the call is made and to whom the papers are to be exhibited. Such call slips shall be retained in the files. Calls not furnishing the information herein indicated shall not be honored by the divisions. 324. In no instance shall a slip calling a case from the files be taken out when the case is returned to the files. The slip is a part of the record to remain with the papers. 325. When evidence shall have been received in any division after the claim to which it is intended to apply shall have been sent to another division, said evidence shall be forwarded at once to be applied to the case. BEPOST AS TO CLAIUS WHEN NOT TOVSD. 326. Whenever a call is made for a case and it shall appear that it is not found upon the records of this bureau, such fact must be shown over the signature of the Chief of the Record Division to secure more careful search and prevent the occmrence of erroneous reports. REFEKEKCE OF CERTAIIT CLAIUS TO SECORB BIVISIOIT, 327. When in the course of the adjudication of a claim for pension it seems probable that it wiU be necessary to change the soldier's name or his service from what it appears upon the jacket, or when it is learned that the soldier served for a term in an organization ad- ditional to that which appears upon the jacket, all the papers should be referred by the Adjudicating Division to the Record Division for a proper record thereof and a search of the records according to the cor- rect name and service or additional service, as the case may be, and for a report setting forth the facts shown by such record. 328. If, at any time during the examination or adjudication of a widow's claim for pension or for renewal of pension, it shall appear that she had another husband who served in the Army or Navy of the United States, all papers should be referred to the Record Division for a proper record and cross-reference thereof, and a search of the records to determine whether other claims are on file that should be consolidated with such widow's claim. 329. The same course should be pursued with reference to the claim of a mother or nurse whose husband served in the Army or Navy of the United States, or of the claim of a father who had such service. ~ COUNT OF PENDING CLAIMS. 330. Careful and accurate counts shall be made and maintained of aU claims pending in the bureau. KEGULATIONS GOVERNING PENSION BUREAU. 71 331. Claims shall be regarded as pending, which require considera- tion by an adjudicating division and final action by the Board of Review or Medical Division. Instances are noted as follows: a. Every mvahd claim not disposed of by face-brief action. In original claims, count should be made of only one claim, although more than one declaration be on file, under the same law under which the claim is presented. h. Every widow, minor, or dependent appUcation subject to above limitation. c. Every claim under act of March 2, 1895, whether for accrued pension or reimbursement. d. Every claim for division of pension under act of March 3, 1899. e. Every claim in which evidence has been filed with a view to the reopening thereof or in which reopening has occurred by the action of the medical referee in ordering a test medical examination. /. Every duplicate declaration to which the rule laid down in the Sanders or Thurman decisions is applicable requiring a formal decision on face brief. g. Every claim abandoned under the practice and revived by new evidence, by power of attorney, or by the expressed intention of claimant to further prosecute said claim. h. Every claim in which reduction or dropping is proposed after test medical examination or special examination to determine pensioner's right to present rate of pension or title to pension. i. Every special-act claim. 1c. Navy service claims under section 4756 or 4757, Revised Statutes. I. All claims for military bounty land warrants. 332. a. A clearance service shall be maintained in the following divisions : Civil War Division, Army and Navy Division, Board of Review, Medical Division, Special Examination Division, and Law Division. 6. The chiefs of the divisions named shall appoint the necessary number of persons to have charge of this particular service in their respective divisions. 333. All claims coming into such divisions must pass through the desks of those assigned to the clearance service, so that all new claims and cases presenting a matter for consideration by an adjudicating division with a subsequent final face-brief action may be credited as gains to the pending files. AH outgoing claims shall likewise pass through these desks, so that there may be a proper charge of losses to the pending files. 334. A daily report of the condition of the files with a duplicate receipt attached shall be rendered on prescribed forms, all claims being 72 REGULATIONS GOVERNING PENSION BUREAU. accounted for under one of four general classes, namely, act of May 11, 1912, act of April 19, 1908, general laws, other acts. 335. The location in each division of the clearance desk or section shall be indicated by a sign, and under no circumstances shall a claim be taken into or out of a division except through this clearance service. 336. The exchange between divisions of single claims should be discouraged, the better way being to assemble together claims intended for other divisions and transmit same securely fastened into a bundle and with a duplicate receipt slip attached. 337. To enable clearance desks properly to close the daily account, cases sent from one division to another shall be transmitted by 1 o'clock each afternoon. On half hohdays this exchange shall be made before 11 o'clock. 338. Owing to either the absence of a file or the fact that but few claims are drawn by them from pending files, the Record Division, Certificate Division, Finance Division, Disbursing Division, chief clerk's branch, and rooms of the commissioner and deputy com- missioner are excepted from operating the clearance service. 339. When a pending claim is sent to any of those just named, a duplicate charge slip shall be retained on the outgoing clearance desk as evidence of a loss for the time being, said slip being destroyed on return of the case. Slips remaining on hand at the close of each week shall indicate claims carried as unaccounted losses and make necessary an inquiry as to the whereabouts of said claims, so as to effect their return to the division files. 340. To the end that this clearance service may be effective and result in an accurate system of accounting of pending claims from day to day, the chief of files and his assistants in each division are required to lend their active cooperation by not receiving into the files claims that have not passed through the clearance section, and by not permitting any one to take away claims without a proper charge. 341. The Finance Division shall transmit direct to the proper adjudicating division such claims as have been drawn from the Admitted Files upon the receipt of information as to the death of the invalid pensioner, and in which a widow's or dependent's claim has been filed. Said division shall keep a record of such claims. 342. Chiefs of division are enjoined to see that claims are not called for from other divisions as "special" unless an actual urgent necessity exists for such action, and when claims are so drawn from the files the word "immediate" shall be written on the upper left- hand corner of the slip, and initialed by the chief or assistant chief caUing for same. REGULATIONS GOVEENING PENSION BUREAU. 73 343. In the transmittal of claims by a division which has no clearance section, the bundle of cases shall bear a white slip labeled in blue pencil "From Division to Division," and the date of sending. ATTOBNEYS. 344. A person appearing of record in the Bureau of Pensions as having complied with the regulations prescribed by the Secretary of the Interior for the recognition of agents or attorneys before the Department of the Interior may be recognized to prosecute any claim for pension or bounty land in which the law does not prohibit - the employment of an attorney or the payment of an attorney's fee, on filing a power of attorney from the claimant: Provided, how- ever, That the Commissioner of Pensions, in his discretion, may recognize such person without compensation in any claim for pension or boimty land heretofore filed, or that may hereafter be filed, in which the law prohibits the payment of such fee: And provided, That where the power of attorney is in the name of a firm of agents or attorneys some duly qualified member thereof must enter an appearance therein on behalf of the firm. 345. In all cases where it is found that the attorney has complied with the regulations adopted in pursuance of the act of Congress approved July 4, 1884, and is in good standing before the bureau, it will be so noted by proper indorsement; if the attorney has been suspended or disbarred that fact shall be indicated. 346. No person can be recognized as an agent or attorney before this bureau until he shall have complied with the regulations adopted in pursuance of the act of July 4, 1884. If the attorney has not complied with such regulations he shall be so notified and furnished with the proper blanfe and a copy of such regulations and of the oath required. 347. In any case in which the examiner desires to know the status of an attorney inquiry shall be made of the Law Division by a refer- ence slip stating the name of the attorney and his post office address and the title of the case in which this information is desired, and such slip will be filed in the case when returned. 348. The relation of "principal and agent" is that which shall be recognized as the relation subsisting between claimants and those acting for them in prosecuting their claims before this bureau. 349. Consent of the attorney of record to a revocation or a transfer of his power shall be required, except in such cases as are otherwise permitted by the commissioner. 360. Transfers of attorneyship must be acknowledged before some officer authorized to administer oaths for general purposes in the presence of two witnesses who must sign their names to the instru- ment of transfer. 74 REGULATIONS GOVERNING PENSION BUREAU. 351. In all transfers of attomeysliip a separate slip must be filed for each claim transferred, showing its number, the name of the claimant, the name of the soldier or sailor, the service on which the claim is based, the name and address of the transferee, and an acknowledgement by the transferer of the transfer. 352. A transfer not general in character, but of a limited number of claims, from one agent, attorney, or firm to another, must be accompanied also by a schedule, alphabetically arranged, showing for each claim the data required on said slips. 353. A transfer made by the legal representative of deceased or incompetent agent or attorney must be accompanied by a duly authenticated certificate of an officer of the court having jurisdiction showing the authority of such representative. 354. The written consent of the claimant is necessary to entitle a transferee to recognition in an incomplete claim, the transfer of attorneyship ia aU such cases being subject to protest. 355. In the event of death if there be no administration, the transfer must be executed by the widow or heir, or heirs, and must include a statement as to the death of the attorney, the date thereof, the name of his widow, if any, or the name or names of his heir or. heirs, that no administration will be had, and that there is no objec- tion to the transfer on the part of anyone having a claim against the estate. This afiidavit must be corroborated by the affidavits of two disinterested persons having knowledge of the facts. 356. No agent or attorney shall have power to make a valid assign- ment of any claim in which he has been recognized, even with the written consent of the claimant, unless he is at the time of such assign- ment and of such consent in good standing before the Bureau of Pensions. 357. Only a duly executed power of attorney confers upon an agent or attorney the right to appear in a case or to receive any information therein, and examiners shall, upon the receipt of a duly executed power of attorney, no other attorney having prior rights, iaform the agent or attorney thereby empowered of the condition of the case and at the proper time call upon him for all the necessary proof. 358. No power of attorney purporting to be executed by a claimant shall be recognized as good and valid unless the same be signed by the claimant in the presence of two witnesses, neither of whom is the attorney of record in the claim, and acknowledged before an officer duly authorized to administer oaths for general purposes; whose official signature is certified under seal and who is not interested in the prosecution of the claim to which the power of attorney may relate. REGULATIONS GOVEENING PENSION BUREAU. 75 359. Every officer of the United States or person holding any place of trust or profit or dischargiag any official function under or in con- nection with any executive department of the Government of the United States, or under the Senate or House of Representatives of the United States, is prohibited, under a heavy penalty, from acting as an agent in a claim for pension or from aiding and assisting in any manner, otherwise than in the discharge of his proper official duties, in the prosecution of such claim. (Sec. 109, Crim. Code, 35 Stat. L., p. 1107.) 360. Every agent, attorney, or other person who shall, directly or indirectly, request of any Member of either House of Congress, or of any United States Government official or representative (other than one whose duty it is under the law to supervise and administer the laws, rules, and regulations governing the granting of pensions and botmty land) aid or assistance in the prosecution of a pension or bounty-land claim, or who shall, directly or indirectly request or advise a claimant to seek such aid in the prosecution of a pension or bounty-land claim, shall be held to have abandoned the claim as agent or attorney and shall thereby forfeit his agency or attorneyship in such claim. 361. Every agent, attorney, or other person recognized by the Department of the Interior as entitled to practice before the Bureau of Pensions who shall violate the provisions of the preceding section shall be held thereafter incompetent to prosecute claims before said biu-eau within the meaning of section 5 of the act of July 4, 1884, and shall thereby subject himself to suspension or disbarment from prac- tice before the Bureau of Pensions. 362. In all claims for pension where the evidence necessary to com- plete them was filed by the agent or attorney prior to suspension or disbarment from practice, and in which the certificate does not issue until subsequent thereto, such agent or attorney may be recognized as though he had not been suspended and may be paid his fee. In such completed cases the attorney's name and address and the amount of fee should be placed on the face brief and the usual notices pre- pared from it, except that on the face brief, and in such notices, there must appear in red ink the words, "Claim completed by attorney before , date of disbarment (or suspension)." 363. If an agent or attorney is disbarred pending the adjudication of a claim, and if, while such disbarment is in force, the claim is adjudicated and the certificate issued without certification of a fee by reason of such disbarment, and if thereafter said agent or attorney is restored to practice, and if claimant has not, by reason of such disbarment, canceled or revoked the authority theretofore existing, upon such restoration as aforesaid the lawful fee shall be certified and paid to such agent or attorney. 76 REGULATIONS GOVERNING PENSION BUEEATJ, 364. When a claimant during the disbarment of hia agent or attorney of record employs another, who prosecutes the claim to final adjudication, no fee shall be certified the disbarred agent or attorney upon his restoration to practice. 365. No calls for evidence or notices of medical examinations or the like should be addressed to disqualified attorneys. 366. In all cases where certificates issue subsequent to the resto- ration of the agent or attorney prosecuting the claim, it having been completed during his suspension without the interposition of another agent or attorney or revocation by claimant of his author- ity, said restored agent or attorney should be recognized, notwith- standing his power was filed prior to the date of his restoration. 367. The rule directing payments of fees to suspended agents or attorneys in claims completed prior to their suspension shall not be construed to authorize payment of fees in cases in which action on such pending claims was suspended on account of any irregularity or informality in the papers or evidence presented by such agents or attorneys in the prosecution of such claims. 368. An applicant shall be allowed during the suspension of an agent or attorney previously empowered to act in said applicant's claim to appoint another agent or attorney because of the inability of the former agent or attorney to act for claimant before the depart- ment, even though the said inability should prove to have been but temporary. 369. No fee shall be allowed to a guardian who prosecutes the claim of his ward, or to a firm of attorneys of which the guardian is a member. 370. No request of an agent or attorney for consideration of his title to a fee shall be entertained unless the same shall be filed in the Bureau of Pensions within one year from the date of issue of the certi- ficate upon which such fee is claimed. 371. Agents or attorneys practicing before this bureau are required to state the names of all subagents or correspondents assisting them in the prosecution of claims for pension or bounty land, and the interest said subagents or correspondents have in the prosecution of such claims or fees therein. Any agent or attorney in good standing before the bureau who knowingly employs any person as a subagent or correspondent prohibited from practicing before the department shall be recommended for suspension from practice. 372. Cases pending in this bureau shall not be taken up upon the verbal requests of attorneys or claim agents, nor in their behalf except upon a separate written inquiry in each case signed by the attorney or agent and in regular course of business. 373. No claim pending in the Bureau of Pensions shall be con- sidered out of its regular order upon the request of an agent or EEGULATIONS GOVEBNING PENSION BUKEATJ. 77 attorney, or any other person except for good cause shown and upon the order of the Commissioner of Pensions. 374. A change of guardian in any case during the pendency of a claim for pension does not affect the right of the original attorney to recognition and to the fee agreed upon with the guardian who appointed him. 376. The willful withholding of evidence by an agent or attorney for any cause shall be reported to the Secretary of the Interior for his action. 376. In claims for pension and bounty land no greater fee than is authorized by law can be legally received by an agent or attorney or any other person for prosecuting such claim for pension or bounty land, and upon satisfactory proof that any agent or attorney has, subsequent to July 4, 1884, received directly or indirectly from the claimant any sum or sums for his services in the prosecution of the claim, said agent or attorney shall be reported to the Secretary of the Interior for disbarment. 377. Where an agent, attorney, or other person incurs any expense in the prosecution of a claim before the Bureau of Pensions, he must file a sworn itemized account of such expense with the Commissioner of Pensions and secure the approval thereof before demanding or receiving reimbursement from the claimant or pensioner. 378. In a claim under the act of March 2, 1895, for the accrued pension due in an admitted case from the date of last payment to pensioner's death, the agent or attorney of record is permitted, upon the allowance of the claim, to receive as a fee, direct from the claimant or beneficiary, 10 per cent of the amount of the accrued pension paid; but in no event shall such agent or attorney be permitted to demand, receive, or retain a fee in excess of 1 10 in any one claim. 379. When an agent or attorney is called upon by the Commis- sioner of Pensions to furnish evidence in any claim he shall be allowed 90 days within which to furnish same or to give reasons why he fails to do so. Before such agent or attorney is dropped or another recognized (at any time within one year) he shall be given 30 days' notice to show cause why he is not guilty of laches. In the event that such answer be not filed within 30 days from the mailing of such notice, or that the answer thereto be held by the Commissioner of Pensions to be insufiicient, claimant shall be notified of such failure and may file the same, either by himself or by such other attorney as he may elect; and upon the recognition of such other attorney the former agent or attorney shall be estopped from claiming any fee. 380. An agent or attorney shall be required to exercise due dili- gence in all cases in which he is recognized. Neglect to prosecute a claim for one year shall be held, in default of cause shown, conclusive evidence of the abandonment of a claim by the agent or attorney, 78 REGULATIONS GOVERNING PENSION BURBAXT. and claimant shall be so advised. To call up a case shall not be held of itself a substantial compliance with any specific requirement of the Commissioner of Pensions. 381. Agents and attorneys are required to conduct their business with the office with decorum and courtesy. Papers in violation of this requirement may, by order of the commissioner, be returned. Flagrant violation of this rule shall be cause for disbarment. 382. Upon the rejection of a claim for pension or bounty land the agent or attorney of record shall be notified of such rejection and the reason therefor, and shall be allowed 90 days from the date of such notice within which to file a motion for reconsideration, supported by material evidence, or within which to enter an appeal to the Secretary of the Interior; and, on his failure to do either he shall be held to have abandoned the case, and the claimant may employ any other duly qualified agent or attorney further to prosecute the claim. 383. The claimant shall have the privilege of exercising his right at any stage of the claim to revoke a power of attorney and dis- charge his agent upon a showing of cause deemed good and sufficient by the commissioner. 384. The full fee payable by the bureau shall be paid on the issu- ing of the first certificate, provided, of course, there is an allowance sufficient for that purpose. 385. AH articles of agreement in claims for pension or bounty land that conform to the requirements of the law and regulations shall be accepted if filed prior to the date of the issue of the certificate or of the bounty-land warrant. 386. No articles of agreement filed under the act of July 4, 1884, shall be recognized as valid, and no fee shall be paid thereimder, unless the claimant's signature thereto is witnessed by two attesting wit- nesses and acknowledged before some officer authorized to administer oaths for general purposes whose official signature is certified under seal. The attorney's acceptance of such agreement must also be executed before some officer duly authorized to administer oaths for general ' purposes whose official signature is certified under seal. 387. No power of attorney or articles of agreement shall be accepted as valid wherein the claimant's acknowledgment is taken before an officer who is the agent or attorney named therein, or where the agent or attorney acts as one of the attesting witnesses to claimant's signature to such instrument. 388. A declaration, affidavit, or any paper requiring execution or acknowledgment in connection with a claim for pension or bounty land must be executed or acknowledged before an officer duly author- ized to administer oaths for general piu-poses who is not interested in EEGULATIONS GOVBENING PENSION BUREAU. 79 the prosecution of the claim to which said paper pertains, and the jurat must so show. An agent or attorney who shall file any paper contammg in the jurat a false statement that the officer before whom such paper was executed or acknowledged is not interested in the prosecution of the claim, or any statement equivalent thereto, when m truth and in fact such agent or attorney has entered into a con- tract, agreement, or understanding with such officer by virtue of which said officer is to receive compensation or a commission from such agent or attorney, in the event of the allowance of the claim, may be recommended to the Secretary of the Interior for disbarment from practice before the Bureau of Pensions. 389. Articles of agreement, to be recognized as vahd by the Com- missioner of Pensions, must be in duphcate and in the form prescribed by order of July 8, 1884, and have printed upon the reverse: "Notice to claimant:" "This agreement is permissible under the law, but not compulsory," and a copy of the act of July 4, 1884. 390. The foUowing is the form of articles of agreement prescribed by the Commissioner of Pensions and approved by the Secretary of the Interior July 8, 1884, under the provisions of the act of Congress approved July 4, 1884: (To be executed in duplicate without additional coat to claimant.) Articles op Agreement. Whereas I, , late a in company of the Regiment of Volunteers, war of , having made application for pension under the laws of the United States: Now this agreement witnesseth. That for and in consideration of services done and to be done in the premises, I hereby agree to allow my attorney, , of , the fee of dollars, which shall include all amounts to be paid for any service in furtherance of said claim; and said fee shall not be demanded by or payable to my said attorney, in whole or in part, except ia case of the granting of my pension by the Commissioner of Pensions; and then the same shall be paid to him in accord- ance with the provisions of sections 4768 and 4769 of the Revised Statutes United States. (Signature of claimant.) (Post-office address.) (Signature of two witnesses.) State op , County of , ss: Be it known that on this, the day of , A. D. 1. . . ., personally appeared the above named, who, after having had read over to , in the hearing and presence of the two attesting witnesses, the contents of the foregoing arti- cles of agreement, voluntarily signed and acknowledged the same to be free act and deed, r g ■] (Official signature.) And now, to wit, this .... day of A. D., 1. . . ., accept the provisions contained in the foregoing articles of agreement, and will, to the best of ability, endeavor faithfully to represent the interest of the claimant in the premises hereby certify that have received from the claimant above named the sum of 76704°— 15 6 80 REGULATIONS GOVERNING PENSION BUBEAU. dollars, and no more; dollars being for fee, and the sum of dollars being for postag:e and other expenses. And that these agreements have been executed in duplicate, without additional cost to the claimant, as required by law, in excess of the fee above named, the said attorney making no charge therefor. Witness hand the year and day above written. (Signature of attorney.) State op , County of , ss: Personally came , whom I know to be the person represents to be, and who having signed above acceptance of agreement, acknowledged the same to be free act and deed. (ii. s.) (Official signature.) Approved for dollars, and payable to , of , the recognized attorney. , Commissioner of Pensions. 391. Where only one copy of articles of agreement is filed, attorneys shall be allowed to file a duplicate of the same, executed by both parties in interest at any time before the issuing of the certificate or bounty-land warrant. When a claim for bounty land has been allowed and the warrant issued, one approved copy of the articles of agreement shall be forwarded to the agent or attorney of record and the other preserve in the files of the claim. The bounty-land war- rant shall be forwarded direct to the party entitled to the possession thereof. 392. Articles of agreement and powers of attorney not properly executed for any cause must be retained in the claim and the attorney advised why same can not be accepted. 393. An agent or attorney may request and receive from a claimant a sum not exceeding 50 cents for postage in the prosecution of any one claim, original or increase, but compliance with such request of the agent or attorney is optional with the claimant. Agents and attorneys are not allowed to demand a sum for postage as a right or to refuse to prosecute a claim where the request for postage is not complied with. 394. The Mail and Supplies Division shall transmit to the Law Division all slips setting forth that the cases named in the same have been transferred by one attorney to another. The Law Division shall forward these shps to the adjudicating divisions after they are properly stamped. 395. Attorneys presenting questions for the consideration of the Law Division shall submit their points, authorities, and arguments in writing, and shall not be permitted to enter that division either to examine cases or to make oral arguments. Communications on such matters may be addressed to the Commissioner of Pensions and marked "For the Law Division," and may be transmitted by mail or left with t c il Is P>>03 life g "1 Is III 1 1 i 003 CO s> a.g 2^ 69 ^ 86 REGULATIONS GOVERNING PENSION BUREAU.- 412. Table til. — Bates fixed, hy the Commissioner of Pensions for certain disahilities not specified hy law. Per montb. Anchylosis of shoulder $12.00 Anchylosis of elbow 10. 00 Anchylosis of knee 10. 00 Anchylosis of ankle 8. 00 Anchylosis of wrist 8. 00 Loss of sight of one eye 12. 00 Loss of one eye 17. 00 Nearly total deafness of one ear 6. 00 Total deafness of one ear '. 10. 00 Slight deafness of both ears - 6, 00 Severe deafness of one ear and slight of the other 10. 00 Nearly total deafness of one ear and slight of the other 15. 00 Total deafness of one ear and slight of the other 20. 00 Severe deafness of both ears 22. 00 Total deafness of one ear and severe of the other 25. 00 Deafness of both ears existing in a degree nearly total 27. 00 Loss of palm of hand, and all the fingers, the thumb remaining 17. 00 Loss of thumb, index, middle, and ring fingers 17. 00 Loss of thumb, index, and middle fingers 16. 00 Lobs of thumb and index finger 12. 00 IjOss of thumb and little finger 10. 00 Loss of thumb, index, and little fingers 16. 00 Loss of thumb 8. 00 Loss of th'Umb and metacarpal bone 12. 00 Loss of all the fingers, thumb and palm remaining 16. 00 Loss of index, middle, and ring fingera 16. 00 Loss of middle, ring, and little fingers 14. 00 Loss of index and middle fingers '. 8. 00 Loss of little and middle fingers 8. 00 Loss of little and ring fingers G. 00 Loss of ring and middle fingers 6. 00 Loss of index finger 4. 00 Loss of any other finger without complications 2. 00 Loss of all the toes of one foot 10. 00 Loss of great, second, and third toes 8. 00 Loss of great toe and metatarsal 8. 00 Loss of great and second toes 8. 00 Loss of great toe 6. 00 Loss of any other toe and metatarsal 6. 00 Ix)8s of any other toe 2. 00 Chopart's amputation of foot, with good results 14. 00 Pirogoft's modification of Syme's 17. 00 Small varicocele 2. 00 Well-marked varicocele 4. 00 Inguinal hernia, which passes through the external ring 10. 00 Inguinal hernia, which does not pass through the external ring 6. 00 Double inguinal hernia, each of which passes through the external ring 14. 00 Double inguinal hernia, one of which passes through the external ring and other does not 12.00 REGULATIONS GOVEENING PENSION BUKEAU. 87 Per month. Double inguinal hernia, neither of which passes through the external ring $8. 00 Femoral hernia 10. 00 Section 4699, Revised Statutes, provides that the rate of $18 per month may be proportionately divided for any degree of disability established for which section 4695 makes no provision. The act of August 27, 1888, provides a $30 rate for total deafness and authorizes the Secretary of the Interior to grant such proportion thereof in cases of partial deaf- ness as he may deem equitable. Act January 15, 1903, increases rate fi;r total deafness to $40. Rates on partial degrees not affected. , The act of March 2, 1895, provides that "All pensioners now on the rolls, who are pensioned at less than six dollars per month, for any degree of pensionable disability, shall have their pensions increased to six dollars per month; and that, hereafter, whenever any applicant for pension would, under existing rates, be entitled to less than six dollars for any single disability or several combined disabilities, such pen- sioner shall be rated at not less than six dollars per month: Provided also, That the provisions hereof shall not be held to cover any pensionable period prior to the passage of this act, nor authorize aj-erating of any claim for any part of such period, nor pre- vent the allowance of lower rates than six dollars per month, according to the existing practice in the Pension Office in pending cases covering any pensionable period prior to the passage of this act." 413. Table IV. — Miscellaneous rates. INVALID. Indian wars: Per month. Acts July 27, 1892, June 27, 1902, and May 30, 1908 $8. 00 Act of February 19, 1913 20. 00 Mexican War: Act Jan. 29, 1887 8. 00 Acts Jan. 5, 1893, and Apr. 23, 1900, certain survivora 12. 00 ActMar. 3, 1903, all survivors 12.00 Act Feb. 6, 1907— At 62 years 12.00 At 70 years 15.00 At 75 years or over 20. 00 Act of May 11, 1912 30.00 Civil War: Act June 27, 1890, in its original lorm, and also as amended by the act of May 9, 1900 6.00-12.00 Act Feb. 6, 1907— At 62 years 12.00 At 70 years 15.00 At 75 years or over 20. 00 Act of May 11, 1912— see sec. 445. Army nurses: Act Aug. 5, 1892 12.00 Navy service pensions: Sec. 4756, R. S., for 20 years' service, one-half the pay of rating at discharge. Sec. 4757, B. S., for 10 years' service, not to exceed the rate for total disability. (See section 451 this book.) 88 BEGULATIONS GOVERNING PENSION BUREAU. WIDOWS AND MINORS. Revolutionary War: Per month. ActMar. 9, 1878, widows only $8.00 ActMai. 19, 1886, widows only 12.00 War of 1812: ActMar. 9, 1878, widows only 8.00 ActMar. 19, 1886, widows only 12.00 •Indian wars: Acts July 27, 1892, June 27, 1902, and May 30, 1908, widows only. . . 8. 00 Act Apr. 19, 1908, Sec. 1, widows only 12.00 Mexican War: Act Jan. 29, 1887, widows only 8.00 Act Apr. 19, 1908, sec. 1, widows only 12.00 Civil War: Sec. 4702, R. S., widows and minors, same rates as in Table 1. Act Mar. 19, 1886, widows and minora 12. 00 Act June 27, 1890, in its original form, and as amended by the act of May 9, 1900 8.00 Act Apr. 19, 1908 12.00 From and after July 25, 1866, a widow is entitled, under tbe provisions of section 4703, Revised Statutes, to the sum of $2 per month additional on account of each legitimate minor child of the deceased soldier or sailor (in her care and custody, if by his former marriage) until such child reaches the age of 16 years. Where the widow has died, remarried, or has no title, the minor children under 16 years of age succeed to the widow's rights. In claims under the act of June 27, 1890, both in its original and amended forms, the additional pension of $2 per month is granted. In addition provision is made in said act for the continuance of pension granted to an insane idotic, or otherwise physically or mentally helpless minor child, during its life or during the period of disability. This proviso is applicable to minors' claims under any statute. DEPENDENT KELATTVES. Sec. 4707, R. S., in its original form, and as amended by section 1, Act June 27, 1890, same rates as in Table 1. ActMar. 19, 1886 $12.00 414. RATES FOR OFFICERS, SECTIONS 4692 AND 4693, REVISED STATUTES. Rates for officers in claims under sections 4692 and 4693, Revised Statutes, shall be one-quarter, one-half, three-quarters, and total. Officers below the rank of first lieutenant may receive rates in fractions of eighteen in excess of their total. LEAVES OF ABSENCE. (Regulations published by the Secretary of the Interior.) 415. The following regulations, consistent with the laws printed herein, providing for the hours of labor and leaves of absence of employees in the executive departments, are hereby pubhshed for the information of aU concerned, to be effective February 1, 1910. They shall apply as well to chiefs of divisions and assistant chiefs and other supervising officials as to the clerical force and other employees. REGULATIONS GOVERNING PENSION BUREAU. 89 Officials will be held strictly accountable for their enforcement, and are hereby directed to require all timekeepers and clerks in charge of leaves of absence to familiarize themselves with these regulations. Any regulations of this department heretofore issued inconsistent with these are hereby revoked. These regulations shall be applied as far as practicable to the field service connected with this department outside of Washington, D. C. OFFICE HOURS. 1. Office and lunch hours. — The hours of labor, unless otherwise especially ordered, Jjegin at 9 o'clock a. m. and close at 4.30 o'clock p. m., with one-half hour between 12 m. and 1 p. m. for luncheon, the particular half hour within that period in the different bureaus to be designated by the chief clerk of the department. 2. Lunch hours varied. — In the interest of the service, so that all the clerks in important rooms shall not be absent at the same time, chief clerks may vary the time for luncheon of certain employees. 3. Tardiness to ie reported. — Tardy arrival for duty and premature cessation of work shall be charged as annual leave, at the rate of one-half hour for each absence of a half hour or fraction thereof, unless this leave is exhausted; then as leave without pay. Reduction in grade and pay will follow habitual absence from duty due to the causes herein mentioned. Employees arriving late shall sign a tardy slip (l-034a), which shall at once be forwarded to the chief clerk of the bureau. 4. Tardiness defined. — ^Tardy means failure of the employee to be at post of duty at hour for beginning official business or at hour for resuming wOrk after luncheon. 5. Continuous duty required. — Officials and employees must bear in mind that mere physical presence during office hours is not sufficient, but that continuous duty is also required. Exemplary conduct is enjoined on chiefs of divisions, who must also require those under their supervision to devote their time during office hours exclusively to official duties. 6. Penalties for evasion. — Evasion of the laws or taking undue ad- vantage of the regulations covering leave of absence, or attempts to avoid being charged with absences during office hours, will be severely dealt with and may result in reduction of salary or dismissal. TIME REFOKTS. 7. Time reports to he Tcept and verified. — Weekly time reports (1-047) shall be kept in all divisions, sections, etc., on which shall appear the names of all employees connected therewith. Arrivals, depar- tures, and absences shall be accurately recorded thereon. At the beginning of the week the reports for the preceding week shall be 90 REGULATIONS GOVEBNING PENSION BUEEAU. sent to the chief clerk of the bureau for verification by grants of leaves and for posting the absences on consolidated records. 8. Accuracy. — ^Accuracy should be observed in noting arrivals and departures and aU absences during the day, instead of a perfunctory use of the hours of 9, 4.30, etc. NSW, TEUFORABY, AITD FEB DIEH EHFLOTXES. 9. New employees. — Regular employees who have been in the department less than a year, including those reinstated, except those appointed by transfer from other departments, will be entitled to annual and sick leave of absence at the rate of two and one-half days for each month of service. 10. Transferred employees. — Persons transferred from another department, or from one bureau or office to another within this depart- ment, will be charged with the leave taken in current year prior to such transfer. Certificates from their former departments will be required. 11. Absence certificates on transfer. — Employees transferred from this department to another will be given certificates showing their absence in the current year to date of transfer. ' 12. Per diem employees.— Per diem employees shall not be granted leave with pay if their appointments state salaryv^"when actually employed." If per diem rate is simply a measure of salary and they are regularly and continuously employed without limitation, they are entitled to leave the same as those with annual or monthly rates of salary. 13. Temporary employees. — Temporary employees will not be allowed leave with pay for the first two months of service. APPLICATIOirS. 14. Application form. — ^Apphcations for leave of absence shall be made upon a printed form (1-034) which shall contain in writing the name, position, and salary of the applicant, the specific period for which leave is desired, the kind of leave desired, the initials or signature of official recommending the leave, the date of return to duty, with name or initials of official verifying the return, and a space for the signatm-e of the chief clerk approving same. For the information of the chief clerk the clerk in charge of leaves shall note within the space provided upon said form the amount of leave pre- viously granted in same year. Upon the reverse of this printed form affidavit of apphcant as to sickness and certificate of attending physician shall appear. 15. Written {not stamped) signatures. — ^Apphcations for leave of absence should have the written approval (not stamped) of the approv- ing bureau officer, as evidence that he has made a careful investi- gation of the leave in question and finds it satisfactory. EEGULATIONS GOVERNING PENSION BUREAU. 91 OEITEKAL. 16.. Auihority to grant leaves. — ^The head of each bureau or office of this department, through the chief clerk of the bureau, is hereby authorized to grant to the clerks and other employees thereof the annual, sick, and military leave with pay permitted by law; but apphcations for leave without pay shall be forwarded to the Secre- tary, in accordance with paragraph 50. 17. Leave revocable. — Leave of absence may be revoked at any time and the employee ordered to return to duty before its expiration, should the exigencies of the service require it. 18. Extension. — ^Applications for continuous extension of leave should be marked Extension. 19. Only accrued leave allowed on resignation, etc.; exceptions. — On separation from the department by resignation, dismissal, or transfer, employees will be allowed only accured leave at the rate of two and one-half days for each month of service since the first of the calendar year; but heads of bureaus may grant more than this (within the legal Umit) when separation occurs after the middle of the year and the employee has served five or more years and there are other meri- torious reasons for exception to the rule, in the latter case in writing. 20. Allowance of leave confined to current year. — Leave is not cumula- tive. Employees who are prevented by the requirements of the serv- ice, or otherwise, from availing themselves of the regular annual leave will not be entitled to it, or any portion thereof, in a subsequent year; nor will leave to be used in one year and charged to a subse- quent year be granted. 21. "Granted" includes all absences. — ^The word "granted" is con- strued to include not only leave formally and specifically granted, but all other absence as recorded on time reports. 22. Sundays, Jiolidays, half holidays ; when counted, when not. — Sun- days and legal hohdays and holidays by Executive order, whether for the whole or part of a day, at the beginning or end of any kind of leave, or within a period of annual leave, including the half holi- days before Christmas and New Year, will not be counted; but those which occur within a period of sick leave or leave without pay will be counted. (See paragraph 60.) 23. Saturday afternx>ons in summer. — Saturdays in July, August, and September will be charged as four hours in annual leave, and as a whole day in sick and without pay leave. 24. Absen^ie for promotion examinations. — ^Absence of employees while actually engaged in taking promotion examinations, held by the Civil Service Commission, will not be charged. 25. Presidential appointees. — While presidential appointees are not held to be subject to the law limiting the leave of absence of Govern- ment employees to 30 days each year, yet it is desired that the 92 REGULATIONS GOVERNING PENSION BUREATT. measure be not greatly exceeded without good reason. For future reference such officers' absence must be definitely recorded in their bureaus. AJHHUAI. LEATZ. To new and reinstated employees. {See paragraph 9.) To per diem employees. {See parapraph 12.) To temporary employees. {See paragraph 13.) 26. Application in advance. — ^Application must be made in advance of the date of the beguming of the leave on the blank (1-034) provided therefor by the department. 27. Consecutive days only. — ^AppUcation should be made for only the number of consecutive days desired. 28. Saturdays in summer. — Satiu-days in July, August, and Septem- ber will be charged as fom- hoiu^, 9 a. m. to 1 p. m. 29. lAincheon JvalfJiour deducted in fractional absence. — ^The luncheon half hour is deducted from annual leave for part of a day when it occurs dining the absence, as from 11 a. m. to 3 p. m., which should be charged as three and a half hours (seven-fourteenths) and not as four hours. If employee was present the other three and a half homs of that day, absence can not exceed the remainder of the seven hours of which a full day consists. 30. Deduction from annual leave for absence without pay. — ^Propor- tionate deduction from annual leave shaU be made at the rate of 1 day for each 12 days of furlough or leave without pay. {See also paragraphs 40 and 58.) 31. Reserve few days for emergencies. — ^Employees are advised to reserve a margin of their annual leave to avoid leave without pay to meet unforeseen demands. SICE LEAVE. To new and reinstated employees. {See paragraph 9.) To per diem employees. {See paragraph 12.) To temporary employees. {See paragraph 13.) 32., Physician's certificate. — A physician's certificate will not be deemed satisfactory imless it shows the name of the employee, that he personally attended him, the date or dates of attendance, the place of attendance (residence — street and number — or office), the duration of the iUness, and that the employee was actually physically disabled for the performance of official duties. 33. Only regularly practicing licensed physicians. — Certificates of sickness will be accepted from none but regularly practicing physi- cians, hcensed according to law. 34. Without physician's certificate; limits. — Sick leave will not be allowed without a physician's certificate, imless appHcation is accom- panied by a sworn statement that the absence was due entirely to REGULATIONS GOVERNING PENSION BtTEEATT. 93 personal illness, that no physician was employed, that the employee was wholly unable to perform official work or to be present at his post of duty, and that he was confined to his residence (giving residence) during said period. Periods not exceeding 3 days may be granted on affidavit, and the aggregate of affidavit sick leave shall not exceed 12 days in one year. 35. Slight ailments. — Slight ailments or indisposition will not be accepted as sufficient cause for allowing sick leave; such absences should be charged to annual leave. 36. Investigation. — When deemed advisable, an officer of the de- partment will be directed to investigate and report the facts in any case of sickness or absence. 37. Absentees must report fact within 21^ hours. — ^An employee absent on account of personal illness must report the fact to the chief clerk of the bureau in which employed within 24 hours, otherwise the time lost may be charged to annual leave or leave without pay. 38. Application must he made within 3 days. — Apphcation for sick leave must be made within 3 days after the return of the employee to duty. 39. Reports in protracted illness. — When absence by illness is pro- tracted, report should be sent to the chief clerk of the bureau at intervals of 10 days, if possible, as to employee's condition and probable return to duty. 40. Deduction from allowance iecause of leave without pay. — Propor- tionate deduction from sick leave shall be made at the rate of 1 day for each 12 days of furlough or leave without pay. (See para- graphs 30 and 58.) This appUes also to reinstated employees in regard to the period of their separation from the department in the current year. 41. Quarantine. — When pn employee has been exposed to a conta- gious disease against which the medical authorities quarantine the patient, he should inunediately file with the chief clerk of the bureau in which employed a certificate from the attending physician, where such be the case, stating that in his judgment the presence of the em- ployee in the office would jeopardize the health of feUow-clerks. Apphcation for leave Avith pay for the time lost must be accom- panied by a certificate from the health office showing that a case of contagion existed on the premises during the time covered by the application, and the attending physician must certify that aU danger from contagion has passed. 42. Not less than half day granted. — Sick leave wiU not be granted or charged on time report for less than haK a day for each absence of a half day or fraction thereof; but absence in excess of half a day wiU be charged actual time. 43. Not granted in advance. — Sick leave will not be granted in advance. 94 REGULATIONS GOVERNING PENSION BUEBAT7. 44. Dentistry. — ^Absence for the purpose of being treated profes- sionally by a dentist at his office is not allowable as sick leave. This is not intended to disallow sick leave for detention at home by illaess or disability due to causes as to which a dentist is qualified to certify. 45. Sundays and Jiolidays. — Sundays, hohdays, and half holidays occurring within a period of absence on account of sickness or quar- antine will be charged, but when occurring at the beginning or end of such leave will not be charged. 46. Intervening Sunday. — When an employee is on sick leave which expires .on (including) Saturday, and continues absent beginning Monday following on annual leave, the intervening Sunday is not charged. 47. Inspection of records foriidden. — Records of sick leaves are not open to inspection by employees. 48. Penalties for deception. — ^All employees wiU be held to a strict accountability for statements made by them of inability to perform duty. When sick leave has been granted and subsequent develop- ments prove that it was obtained by misrepresentation, it will be charged to leave without pay even if the offender has annual leave still due. A second attempt to mislead or deceive official superiors, directly or indirectly, in regard to absence on account of alleged sickness, will be deemed sufficient cause for dismissal. 49. Modifying annual leave to siclc leave. — No modification of annual to sick leave will be made miless sickness begins on or before the first day of the period granted as annual leave, whea the latter may be surrendered and sick leave granted instead under the usual limita- tions. The circumstances and surroundings of an employee on vaca- tion are usually so different from when on official duty that it seems beyond the intent of the law and regulations to grant sick leave during a period of annual leave. Such limitation of sick leave as -may he fixed wiU he under the "dis- cretion of the head of the department," as provided in the act of March 15, 1898 {SO Stats., 316), as amended ly the act of July 7, 1898 {SO Stats., 853). LEAVE WITHOUT PAY. 50. Applications. — ^Applications for leave without pay shall be for- warded to the Secretary, with recommendation of the head of the bureau, excepting those enumerated in the following paragraph: 51. Employees not paid through department's disbursing office. — Heads of bureaus are authorized to grant leave without pay to employees who are not paid through the department's disbursing office, such as the pension agencies, the Indian and land field services (outside of Washington),, and the Geological Survey and Reclamation Service, both of the latter having their own disbursing officers. The foregoing need not be reported to the Secretary. REGULATIONS GOVERNING PENSION BUREAU. 95 52. Not a right, hit a favor. — Leave without pay is not to be con- sidered as a right, but may be granted as a favor only when, in the opinion of the head of the bureau, the pubhc business will not suffer by the absence and when reasonable cause is shown. 53. Not to he granted, for extended period; resignation instead. — Pub- lic service will not pernait of an indefinite and indiscriminate exten- sion of this privilege. Leave without pay for an extended period will not be granted, but^ the employee desiring such leave will be required to resign, subject to reinstatement, if in good standing. 54. Ahsence mthout pay at beginning of year. — An employee who is absent at the end of the year without pay, and continues absent at the beginning of the next year, is not entitled to annual or sick leave on the new year's allowance until return to duty for an aggregate of 30 days; thereafter leave of absence with pay from January 1 is per- missible. 55. Deduction of pay for absence in excess of legal limit. — Absence of employees in excess of the legal allowance with pay must be covered by an application for leave of absence without pay for one day or more, as no excess can be permitted without a deduction therefor. In the case of a deduction of a day's pay where the employee has not been absent an entire day he may take the balance of the day's time without further deduction, subject to approval by the chief clerk, provided the time is taken in the same year. 56. Stop pay; immediate reports. — The payment of more money than an employee is entitled to under the laws and rules must be guarded against. Absences in excess of the lawful allowance must be reported by the bureau to the Secretary immediately, excepting employees covered by paragraph 51, and the disbursing clerk must be promptly notified. 57. Basis for deduction from annual and sick aUowanxe, — ^A pro- portionate deduction from allowance of both annual and sick leave shall be made at the rate of 1 day for each 12 days (2 J per month) of fiu-lough or leave without pay in the ciurent year. (See also paragraphs 30 and 40.) 58. Retroactive deduction from annual leave. — If absence without pay for 12 or more days should occur after annual leave is exhausted, application for leave without pay to modify the excess of annual leave already taken will be required. (See also paragraphs 30 and 40.) 59. Sundays and holidays included. — Sundays and hohdays and half holidays occurring within a period of leave without pay will be charged as whole days. Saturday in the summer months will be charged as whole day. 60. Half holiday ending leave counted as whole day. — Where the last day of a period of leave without pay is a Saturday (or other day) 76704°— 15 7 96 BEGULATIONS GOVERNING PENSION BUREAU. of which the afternoon is a holiday, and the person returns to duty the following Monday morning, it is necessary to charge the whole day to conform with the Treasury regulation, which forbids the division of a day's salary; and the balance of the overcharged day may not be taken at some other time without further charge. 61. SuTiday between sick leave and leave without pay counted. — When sick leave expires on (including) Saturday and the employee con- tinues absent, beginning Monday following on leave without pay, the intervening Sunday is charged without pay. COUBT LEAVE. 62. Subpcenaed employees; special leave; Government witnesses. — Employees who have been subpcenaed to attend court will be allowed special leave of absence with pay when serving as witnesses for the Government; otherwise such absence wiU be charged to annual leave or leave without pay. {See sec. 850 Revised Statutes.) 63. Official business at court. — Attendance at court for official busi- ness connected with the employee's usual departmental duties, and time required in going and returning, is not considered absence from duty. This applies to special agents, inspectors, and detailed clerks, and similar employees whose cases take them into court to attend trials. ABSEHCE WITHOUT LEAVE. 64. Penalty. — Employees absent without first obtaining leave, and not sick or quarantined, may be subject to the enforcement of leave without pay, and repetitions of the offense may be deemed good ground for dismissal. UILITAKT. 65. Application for military leave must be supported by the certifi- cate of a competent officer of the District National Guard. WATCHMEN'S LEAVES. 66. Simdays and hofidays within periods of any kind of leave granted watchmen will be counted, inasmuch as the requirements of their service necessitates duty every day; but to offset, at least to some extent, the captain of the watch may excuse them from duty on occasional other days. LAWS AUTHORIZING LEAVES OF ABSENCE. Act of March 15, 1898 (30 Stats., 316), authorizing 30 days' annual and 30 days' sick leave in fieu of the act of March 3, 1893 (27 Stats., 715), which authorized also 30 days' excess sick leave: * * * Hereafter it shall be the duty of the heads of the several executive departments, in the interest of the public service, to require of all clerks and other employees of whatever grade or class, in their respective departments, not less than REGULATIONS GOVEBNING PENSION BUREAU. 97 seven hours of labor each day, except Sundays and days declared public holidays by law or executive order: Provided, That the heads of the departments may, by special order, stating the reason, further extend the hours of any clerk or employee in their departments, respectively; but in case of an extension it shall be without additional compensation: Provided further, That the head of any department may grant thirty days' annual leave with pay in any one year to each clerk or employee: And provided further, That where some member of the immediate family of a clerk or employee is afflicted with a contagious disease and requires the care and attend- ance of such employee, or where his or her presence in the department would jeopardize the health of fellow-clerks, and in exceptional and meritorious cases, where a clerk or employee is personally ill, and where to limit the annual leave to thirty days in any one calendar year would work peculiar hardship, it may be extended, in the discretion of the head of the department, with pay, not exceeding thirty days in any one case or in any one calendar year. This section shall not be construed to mean that so long as a clerk or employee is borne upon the rolls of the department in excess of the time herein provided tor or granted that he or she shall be entitled to pay during the period of such excessive absence, but that the pay shall be stopped upon the expiration of the granted leave. Act of July 7, 1898 (30 Stats., 853), authorizing 30 days' annual leave "notwithstanding such clerk or employee may have had during such year not exceeding 30 days' leave with pay on account of sickness. " * * * Nothing contained in section seven of the act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year eighteen hundred and ninety-nine, approved March fifteenth, eighteen hundred and ninety-eight, shall be construed to prevent the head of any executive department from granting thirty days' annual leave with pay in any one year to a clerk or employee, notwithstanding such clerk or employee may have had during such year not exceeding thirty days' leave with pay on account of sickness as provided in said section seven. Act of February 24, 1899 (30 Stats., 890), providing that 30 days' annual leave " shall be exclusive of Sundays and legal holidays. " * * * That the thirty days' annual leave of absence with pay in any one year to clerks and employees in the several executive departments authorized by existing law shall be exclusive of Sundays and legal holidays. Act of March 1, 1889 (25 Stats., 779), providing for the organiza- tion of the Militia of the District of Columbia. Sec. 49. That all oflB.cers and employees of the United States and of the District of Columbia who are members of the National Guard shall be entitled to leave of absence from their respective duties, without loss of pay or time, on all days of any parade or encampment ordered or authorized under the provisions of this act. By the act of July 1, 1902 (32 Stats., 615), the foregoing section is construed to cover all days of service which the National Guard, or any portion thereof, may be ordered to perform by the commanding general. 98 REGULATIONS GOVERNING PENSION BUREAU. GENEBAL FBACTICE. REGULATIONS AND INSTBUCTIONS BELATING TO PENSION CLAIBIS. SECLARATIOirS AITD EVIDENCE. 416. All declarations and affidavits must be executed before some officer duly authorized to administer oaths for general purposes, in accordance with the provisions of the act of Congress approved July 26, 1892. 417. Blank forms of declarations shall be furnished to claimants upon application therefor. They shall not be furnished to agents or attorneys, but sample forms shall be sent on request. 418. A claimant imder any law may prosecute his claim in person, or by attorney under certain laws, and his claim shall receive the same consideration by the Bureau of Pensions if prosecuted in person as if by attorney. PENSIONS TO SITRVIVOSS OF WAKS FKIOB TO 1811, AND TO THEIR WIDOWS. 419. War of the Revolution, service perisions. — (a) Widows of soldiers who served for 14 days or more, or were in battle during the war, were entitled, provided they had not remarried, to $8 per month from March 9, 1878, and $12 per month from March 19, 1886. (&) The widow of a Revolutionary soldier who, in his Ufetime, was granted a pension, was entitled, under section 4743, Revised Statutes, to pension at the same rate as was paid the husband, notwithstanding remarriage, upon proof of widowhood, (c) There is no law granting pension to the daughters or other descendants of soldiers of the Revolution. Any daughters of Revolutionary soldiers who received pensions were placed on the pension roU by special acts of Congress. 420. War of 1812, service 'pensions. — (a) Under the act of March 9, 1878, soldiers and sailors who served 14 days or more, or were in any engagement, during this war, and were honorably discharged, and the widows of such soldiers and sailors, irrespective of the date of marriage, are entitled to $8 per month from March 9, 1878. Under the act of March 19, 1886, widow pensioners mentioned in this para- graph are entitled to $12 per month from that date. (&) There is no law granting service pensions to the descendants of soldiers or sailors of the War of 1812. 421. Indian wars from 1832 to 1842, service pensions. — (a) The act of July 27, 1892, provides pensions for the surviving officers and en- listed men, including marines, militia, and volunteers, who were in the military or naval service of the United States for 30 days in the Black Hawk War, the Creek War, the Cherokee disturbances, or the Florida War with the Seminole Indians, and were honorably dis- charged; or who were personally named in any resolution of Congress EEGULATIONS GOVEHNING PENSION BtTKBAU. 99 for specific services therein; and for their widows, provided they have not remarried. Claimants under this actmust be actual and bona fide residents of the United States at the date of making application. All pensions tmder this act are fixed at $8 per month, irrespective of rank, and are payable from July 27, 1892, or, in widows' cases, where the soldier died subsequent to July 27, 1892, from the date of his death. The rate for widows is increased to $12 by the act of April 19, 1908, and the rate for survivors to $20 by the act of February 19, 1913. 422. Indian wars from 1817 to 1858. — The provisions of the fore- going act of July 27, 1892, were extended by the act of June 27, 1902, from the date of its passage, to the surviving ofiicers and enlisted men, including marines, militia, and volunteers of the military and naval service of the United States who served for 30 days or more and were honorably discharged under the United States military, State, Territorial, or provisional authorities in certain specified Indian wars occxu-ring from 1817 to 1858. This act also made provision for the surviving widows of such ofiicers and men who have not remar- ried. In establishing these claims a record of pay by the United States is accepted to prove record of enlistment and service. 423. Indian wars, etc., from 1856 to 1860. — The provisions of the foregoing act of July 27, 1892, were extended by the act of May 30, 1908, to the surviving officers and enlisted men of the Texas volun- teers who served in the defense of the frontier of that State against Mexican marauders and Indian depredations from the year 1855 to the year 1860, inclusive, and to the surviving widows of such officers and men who have not remarried. In establishing these claims, where there is no record of enlistment or muster into the service of the United States, the fact of reimbursement to the State of Texas by the United States, as evidenced by the muster rolls and vouchers on file in the bureau, shall be accepted as full and satisfactory proof of such enlistment and service. 424. Mexican War, service pensions. — (a) Under the act of January 29, 1887, officers and enlisted men who were in the military or naval service of the United States for 60 days in the Mexican War, or on the coasts or frontier thereof, or en route thereto, or who were in a battle and were honorably discharged, or who were personally named in any resolution of Congress for specific services therein, are entitled to pension if 62 years of age; or, if not, upon proof of pensionable disability or dependence, but disability incurred while voluntarily aiding or abetting the late rebellion does not give title to pension. (6) Widows of officers and enlisted men who served as above are en- titled to pension upon the same conditions as to age or dependence as apply to officers and enlisted men. (c) Pensions under this act com- mence on January 29, 1887, if a pensionable condition existed at that date, in survivors' claims, by reason of age, dependence, or disabifity. 100 REGULATIONS GOVEENING PENSION BUREAU. and in widows' claims, by reason of age or dependence; if not, then on the date the applicant becomes 62 years of age, or dependent, or dis- abled within the meaning of the law. (d) The rate of pension to survivors is $8 per month, irrespective of rank. This rate for sur- vivors was increased by the act of January 5, 1893, to $12 per month, but its benefits were limited to those who were pensioners on January 5, 1893. To secure this increase the act requires that a pensioner must show that he is whoUy disabled for manual labor and in such destitute circumstances that S8 per month is a sum insufficient to pro- vide him with the necessaries of life. The act of April 23, 1900, removed the limitation imposed in the act of January 5, 1893. The. act of March 3, 1903, pensions all survivors of the Mexican War at $12 per month, irrespective of the conditions named in the act of January 5, 1893, and the act of April 23, 1900. (e) The pension to a widow under this act is $8 per month, but the act of April 19, 1908, estab- lishes a minimum rate of $12 per month for all pensions granted to widows. (/) Descendants of deceased Mexican War soldiers are not entitled to service pension. 425. Act of February 6, 1907. — Under this act any person who served. 60 days in the War with Mexico in the military or naval service of the United States and has been honorably discharged therefrom, and who has reached the age of 62 years or over, is entitled to a pension at the following rates, irrespective of rank: At 62 years, $12 per month; at 70 years, $15 per month; and at 75 years or over, $20 per month. Pension commences from the date of filing claim in the Bureau of Pensions subsequent to February 6, 1907, after attain- ing the specified age. 426. Act of May 11, 1912. — This act provides that any person who served 60 days or more in the War with Mexico and has been honorably discharged therefrom shall receive a pension of $30 per month. 427. Pensions for disability or death due to service prior to March ^, 1861. — (a) Soldiers who were wounded or injured, or who contracted disease in the fine of duty, are entitled to pension corresponding in rate to the degree of the disabiUty incurred in the service. Persons who rendered naval service are entitled to a Uke pension, under the same conditions, excepting that no pension may be granted to an engineer, fireman, or coalheaver for disability incurred prior to August 31, 1842. (6) The widows, or children under 16 years of age, of soldiers who served prior to March 4, 1861, are entitled to pension, if the soldier's death was due to causes originating in time of actual war, and not otherwise. Widows, or children under 16, of sailors who served prior to March 4, 1861, are entitled to pension only when the death of the sailor occurred in the service and in the line of duty, (c) Pensions mentioned in this paragraph, if not applied for within Regulations goveening pension bureau. 101 three years from the discharge or death of the person on whose account the right to pension exists, or within three years of the termination of a pension previously granted on account of the service and death of such person, commence from the date of filing by the person prosecuting the claim the last paper necessary to establish the same, (d) The rate of pension allowed to one whose pensionable rights accrued prior to March 4, 1861, is subject to variation, after July 25, 1866, in accordance with the laws passed since March 4, 1861. (e) There is no provision of law granting pensions to the parents, brothers, or sisters of persons who rendered military or naval service prior to March 4, 1861. PENSIONS TO INVALIDS SINCE MAKOH 4, 1861. 428. Sections ^692 and 4693, Revised Statutes. — The declarations should set forth the company and regiment in which the applicant served, the name of the commanding officer of the company or organization, and the dates of enlistment and discharge, with personal description at enlistment. In Navy cases, the vessels on which claimant served should be stated. If the claim is made on account of a wound or injury, the declaration should set forth the nature and locahty of the wound or injury, the time when, the place where, and the circumstances under which it was received, and the duty upon which the applicant was engaged. If the woimd or injury was accidental, the appHcant should state whether it happened through his own agency, or that of other per- sons, and he should detail miautely the circumstances under which it was received. If the claim is made on account of disability from disease, the applicant should state in said declaration when the disease first appeared, the place where he was when it appeared, and the duty upon which he was engaged at the time. He should also detail the circumstances of exposure, and the causes which, in his opinion, produced the disease. Whether the application be made on account of disability from wound, injury, or disease, the claimant should state the names, addresses, and localities of all hospitals in which he received medical or surgical treatment, giving the dates of his admission thereto, as correctly as he may be able. 429. The applicant should state in the declaration each and every permanent disability which he claims he contracted in the service in line of duty, and should also state definitely that the disabilities named are the only disabilities so contracted. If such statement be not embodied in the declaration, the applicant shall be required to make it in a supplemental affidavit; and this requirement shall apply to claims heretofore made and now pending. 102 REGULATIONS GOVBENING PENSION BUREAU. The applicant should state his post-office address, including street and number, or rural free delivery route, if any. 430. In declarations for original invalid pensions under sections 4692 and 4693, Revised Statutes, the signature of the applicant should be witnessed by the signatures of two competent, credible witnesses, who should appear with him before the officer whose jurat is attached to the declaration. EVIDENCE KEQUIRED IN A CLAIM FOS INVALID PENSION. 431. After the receipt of an application for pension a call shall be made, in Army cases, upon The Adjutant General for the full mihtafy and medical history of the applicant, as shown by the records of the War Department. In Navy cases, calls for such evidence shall be made upon the proper bureaus of the Navy Department. 432. Since the consohdation of the records on file in the War Department in February, 1889, it is often practicable to obtain addi- tional information relating to a soldier's service and hospital treat- ment, and when the report heretofore furnished by the War Depart- ment was made prior to said consolidation of the records another call should be made on the War Department for a military and medical history of the soldier, returning the reports now on file. 433. When the records of the War or Navy Department do not furnish satisfactory evidence that the disability on account of which the claim is made originated in the service of the United States, and ia the line of duty, the claimant shall be required to furnish such evidence in accordance with the instructions hereinafter given, and compliance with such requirement must be full and definite. 434. "Line of duty" is a technical phrase, which is defined in the administration of the pension laws as that relation which a soldier or sailor sustains to the military or naval service of the United States when performing an act connected with any of the possible conditions or requirements of the service, or in the observance of the proper orders of his superiors, not in violation of the Army or Navy regu- lations. 435. If the disabihty resulted from a wound or injury, the nature and location of the wound or injury, the time when, the place where, and the maimer in which it was received, whether in battle or other- wise, should be shown by the evidence of some one who was a commis- sioned officer and had personal knowledge of the facts. 436. If the person called upon to give evidence is still in the service as a commissioned officer, his certificate shall be accepted in Heu of his affidavit. If there is no record of the disability claimed, the applicant shall be called upon to furnish the testimony of the surgeon by whom he was treated, showing the location and nature of the woimd or injury and the circumstances under which it was received. REGULATIONS G0VBENIN6 PENSION BUREAU. 103 437. If the disability arose from disease, the testimony of the medi- cal officer who treated the applicant in service should be furnished, if possible, showing the name and nature of the disease, the time when, the place where it was contracted, and the circumstances of exposure to the causes which, in his opinion, produced the same; and he should state whether, in his opiaion, the habits of the applicant were con- tributory to the origin or development of the disease. 438. In any claim, whether based on wound, injury, or disease, if it be shown that the testimony of a surgeon, assistant surgeon, or other commissioned officer can not be produced as evidence of the origin of the disability alleged, the testimony of other persons having personal knowledge of the facts shall be considered. 439. In a claim on account of disability from disease tne applicant must furnish the testimony of each physician who has attended him since the date of discharge, explicitly setting forth the history of the disease and the disability since its first appearance. It is especially important that the physician who first attended the applicant after his discharge state the date at which the attendance commenced. If it should not be possible for the applicant to show the condition of his health during the whole period since the date of his discharge by the testimony of physicians, the cause of his inability to do so should be stated by him, under oath. The testimony of other persons on this point may then be presented. Statements of witnesses in regard to the manner in which the applicant was affected' should be full and definite and should show how such witnesses obtained a knowledge of the facts to which they testify. 440. The act of March 3, 1885, provides that all applicants for pen- sions shall be presumed to have had no disability at the time of enlist- ment; but such presumption may be rebutted. It has been held that after six months' continuous service immediately following enlistment uninterrupted by the incurrence of any pensionable disability, dis- eases contracted thereafter shall be accepted as due to the service upon record evidence alone. If there is a record of the alleged disease soon after the soldier's enlistment, and the evidence raises a doubt as to its origin in the service, the questions of prior soundness and origin should be determined by special examination, but all the surroundings of the case should be carefully considered before this course is taken. 441. Injuries are not accepted as established merely on a record of treatment for' same in service, for the reason that they may or may not have been received in line of duty. There is no class of claims which should be more carefully guarded than those for injuries and the evidence produced to show origin thereof in service and line of duty should always be based upon actual personal knowledge of the nature and extent of the injury, as well as the circumstances 104 REGULATIONS GOVEENING PENSION BUREATT. under which such injury was received, in order that the bureau may be able to determine the question of origin in the Hne of duty. 442. Act of June 27, 1890, as amended hy act of May 9, 1900. — ^Any officer, soldier, sailor, or marine who served 90 days or more in the military or naval service of the United States during the late War of the Rebellion, who has been honorably discharged therefrom, and who is suffering from disability of a permanent character, not the result of his own vicious habits, which incapacitates him from the performance of manual labor in such a degree as to render him unable to earn a support, is entitled to a pension under this act of not less than $6 nor more than $12 per month. 443. The act of May 9, 1900, amending the act of June 27, 1890, provides that, in determining inability to earn a support, each and every infirmity shall be considered, and the aggregate of the disabil- ties shown be rated. These acts require an honorable discharge from each and every term of service rendered during the War of the Rebel- lion. A modification of this requirement has resulted, by reason of the provisions of section 2 of the joint resolution of July 1, 1902, as amended by the joint resolution of June 28, 1906. As the law now stands the honorable discharge of any soldier or sailor from any subsequent contract of service entered into by him during the late War of the Rebellion is regarded as an honorable discharge from all previous contracts of service previously entered into by him with the United States during the said war, if the servicfe under such sub- sequent contract was for not less than six months, and was faithful, and if he had not received by reason of the subsequent service any bounty or gratuity, other than from the United States, in excess of that to which he would have been entitled if he had continued to serve faithfully until honorably discharged under any contract of service previously entered into by him during the War of the Rebel- lion. The limitation of section 4716, Revised Statutes, operated against claimants under these acts until July 1, 1902, the date of the passage of the joint resolution above referred to, the first section of which removed the limitation as to disloyalty, except as to those who enlisted in the Army or Navy of the United States after January 1, 1865. 444. Acts of February 6, 1907, and March 4, 1907.~Bj the terms of these acts any person who served 90 days or more in the military or naval service of the United States during the late Civil War, and who has been honorably discharged therefrom, is entitled to a pension at the following rates, irrespective of rank: At 62 years of age, $12 per month; 70 years of age, $15 per month; 75 years or over, $20 per month. Pension commences from the date of filing claim in the Bureau of Pensions, subsequent to February 6, 1907, after attaining the speci- fied age. REGULATIONS GOVERNING PENSION BUREAU. 105 The bases of title under these acts, except as herein otherwise stated, are the same as under the act of June 27, 1890, as amended by the act of May 9, 1900. 445. Act of May 11, 1912. — By the terms of this act any person who served 90 days or more in the military or naval service of the United States during the late Civil War, and who has been honorably discharged therefrom, is entitled to a pension at various rates, irre- spective of rank, based upon age and length of service, as foUows: Ag6. 90 days. 6 months. 1 year. li years. 2 years. 2i years. 3 years. 62 66 70 75 $13 15 18 21 »13. 60 15.50 19.00 22.60 $14 16 20 24 114.60 16.60 21.50 27.00 $15 17 23 30 $16.50 18.00 24.00 30.00 $16 19 26 30 446. If a soldier was wounded in battle or in line of duty and received an honorable discharge, and is now unfit for manual labor by reason thereof; or, from disease or other causes incurred in line of duty, resulting iu his disability, is now unable to perform manual labor, he shall be paid the maximum pension under this act without regard to length of service or age. 447. Pensions under act of May 11, 1912, commence from the date of filing of the applications in the Bureau of Pensions. 448. Act of March 4, 1913. — Under the terms of this act, increase of pension under the act of May 11, 1912, on account of advancing age shall be made without further application by pensioner, and shall take efi'ect and commence from the date he is shown to have attained the age provided by this act as the basis of rating. In considering claims under this act, an examiner is not prevented from making such further investigation as to date of birth as is deemed necessary in order to establish a record upon which further increases of rate on account of advancing age may be possible, the object being to advance automatically the rate of pension. 449. Claims for increase of invalid pensions. — ^A pensioner who may deem himself entitled to an increase of pension should file a declaration setting forth the grounds upon which he bases his claim. Upon the receipt of such claim, the same shall be taken up to deter- mine the propriety of ordering a medical examination. 450. Claims for restoration and renewal of pension.- — In cases of unclaimed pensions (sec. 4719, R. S.) there must be filed evidence specifically accounting for the failure to claim the pension, and, in the case of invalids, medical evidence showing the continuance of the disabihty on account of which pension was allowed. Apphcation for renewal of pension must be made by a declaration executed as in original claims, setting forth that the cause for which pension was granted still continues. 106 REGULATIONS GOVEENING PENSION BUREAU. NAVY SERVICE ALLOWANCES. 451. Under sections 4756 and 4757, Revised Statutes, pensions for 20 years' service and for 10 years' service, respectively, are allowed by the Secretary of the Navy to enlisted men and appointed petty officers who have not been discharged for misconduct. Pen- sion commences from the date of filing the claim therefor in the Navy Department; and for 20 years' service amounts to one-half the monthly pay of the apphcant's rating, at his discharge; for 10 years' service the pension can not exceed the rate for total dis- abihty or one-fourth of the rate of pension he is receiving for dis- ability, and is fixed, as is also its duration, by the Navy Department. An application for pension under the sections referred to should be made to the Secretary of the Navy. PENSIONS TO WIDOWS SINCE MARCH 4. 1881. 452. Sections J!^702 and J^IOS, Revised Statutes. — To obtain pen- sion under these sections it must be shown that the soldier or sailor died of a disability contracted in the service and in the line of duty. The date, place, and cause of death of the soldier or saUor through whom the pension is claimed should be shown by a verified transcript of the public record. When the public record is indefinite as to the cause of death, and when it is necessary to show the patho- logical connection between the death cause as shown in the record and the disability as proven of service origin, the testimony of the at- tending physician should be filed, giving a fuU history of the soldier's fatal illness and the mode and manner of death; but when this is impossible the testimony of other persons who are acquainted with the circumstances may be furnished. 463. Proof of marriage. — The marriage of the applicant to the per- son on account of whose service and death the claim is made should be shown by the best obtainable evidence in the following order — (1) By a duly verified copy of a public or church record; or (2) By the affidavit of the clergyman or magistrate who officiated; or (3) By the testimony of two or more eyewitnesses to the cere- mony; or (4) By the testimony of two or more witnesses who know that the parties lived together as husband and wife and were recognized as such, and who shall state how long, within their knowledge, such cohabitation continued; or (5) By a duly verified copy of the church record of baptism of the children. The highest evidence obtainable in the order of preference above stated shall be required. Inability to furnish the higher kind of evidence must be clearly shown before the next lower kind is admissible. REGULATIONS GOVEEKING PENSION BUREAU. 107 454. Section 2, of the act of August 7, 1882, provides: That marriages, except such as are mentioned in section 4705, of the Keviscd Stat- utes, shall he proven in pension cases to he legal marriages according to the law of the place where the parties resided at the time of marriage or at the time when the right to pension accrued. 455. Section 4705, Revised Statutes, provides that in the claims of the widows and children of colored and Indian soldiers and sailors there need be no other evidence of marriage than satisfactory proof that the parties were joined in marriage by some ceremony deemed by them obligatory, or habitually recognized each other as husband and wife, and were so recognized by their neighbors, and lived together as such up to the date of enlistment, when such soldier or sailor died in the service, or, if otherwise, to the date of his death. This sec- tion shall not apply to claims on account of persons who enlisted < after March 3, 1873. 456. If either applicant or soldier has been previously married, the death or divorce of aU former consorts shotdd be proven, in the case of death, preferably by verified copy of the pubUc or church record or by the testimony of credible witnesses; and in the case of divorce, by certified copy of the decree of court. If there was no prior marriage on the part of the applicant or the soldier, this fact should be shown by the testimony of at least two credible witnesses who have known the applicant and the soldier from the time they became of marriageable age. 457. In the claim of a widow, competent testimony should be pro- duced showing whether she and the soldier were ever divorced, and whether they lived together as husband and wife up to the date of the soldier's death. If for any reason they were not Uving together at the time of his death, but their separation was by mutual agreement or otherwise and not by legal divorce, all the facts relating to such separation should be fuUy produced, in order that her rights may be fully and clearly determined. 458. Under the act of March 3, 1899, a widow who did not marry the soldier prior to the date of the act, or prior to or during his service, has no title to widow's pension unless it be shown that she lived and cohabited with him continuously from the date of marriage to. the date of his death, or, iu case of separation, that such separation was through no fault of hers. The widows of Spanish War soldiers are excepted from the operation of this act. 459. Proof of dates of hirth of children. — The dates of birth of chil- dren should be proved by the best obtainable evidence in the follow- ing order — (1) By a didy verified copy of the pubUc record of births, or the church record of baptism; or 108 REGULATIONS GOVERNING PENSION BUREAU. (2) By the affidavit of the physician who attended the mother; or (3) By the testimony of persons who were present at the births, who should state how they are now able to fix the precise dates. (4) Where the evidence called for in the preceding paragraphs can not be obtained, the best obtainable evidence should be furnished in order to enable the bureau to approximate the dates of birth. It is worthy of note that the records of the Census Bureau not infre- quently afford information on this point. Inability to furnish the higher kind of evidence must be clearly shown before the next lower kind is admissible. If any chUd of the person on whose account the claim is made died after the date at which the widow's pension would commence, the date of death must be shown. 460. Children born before the marriage of their parents, if acknowl- edged by the father before or after marriage, shall be deemed legiti- mate. 461. The additional pension granted to the widow on account of the minor children of the soldier by a former wife can be paid her only for such period of her widowhood as she has been or shall be charged with the maintenance of such children. 462. Act of June 27, 1890, as amended iy act of May 9, 1900. — Pensions under these acts are granted tf > widows upon proof — (1) That the soldier or sailor served at least 90 days during the War of the Rebellion. (2) That he was honorably discharged. (3) That he is dead, but his death need not have been the result of his Army or Navy service. Under the act of March 13, 1896, his death may be presumed after seven years unexplained absence. (4) That the widow is without means of support other than her daily labor and such actual net income as is provided by the act of May 9, 1900. (5) That she married the soldier or sailor prior to Juno 27, 1890. 463. Act of April 19, 1908. — Pensions under this act are granted to widows upon proof — (1) That the soldier or sailor served at least 90 days during the Civil War. (2) That he was honorably discharged. (3) That he is dead, but his death need not have been the result of his Army or Navy service. Under the act of March 13, 1896, his death may be presumed after seven years unexplained absence. (4) That she was married to the soldier or sailor prior to Junn 27, 1890. ^ 464. In widows' claims under the act of June 27, 1890, as amended, or under the act of April 19, 1908, the provisions of the joint resolu- REGULATIONS GOVERNING PENSION BUREAU. 109 tion of July 1, 1902, and amendments, apply the same as in invalid claims. FEDTSIONS TO MINORS SIXOE UAKCH 4, 1861. 465. Sections 1^102 and J^IOS, Revised Statutes. — To obtain title to pension under these sections it must be shown that the father of the minor children died of a disability contracted in the service and in the line of duty; and, in addition, proof must be furnished as follows: (1) The cause and date of the father's death, ^ the marriage of the parents, and the dates of birth of the children must be established as in widows' claims. When, however, satisfactory proof upon these points has been furnished in the claim of the widow, it will not again be required in the claim on behalf of the minors. (2) If the mother of the children is dead, the date of her death must be proved. If she remarried, her remarriage must be shown in the same manner that her marriage to the father of the children is required to be established. If the claim is based on the fact that the widow has abandoned the care of the children, or that she is an un- suitable person, by reason of immoral conduct, to have the custody of them, and such fact be duly certified under seal, by any court having probate jurisdiction, or be shown by satisfactory evidence, the children are given a pensionable status by section 4706, Revised Statutes, to the exclusion of the widow, until they severally attain the age of 16 years, to commence from the date of last payment to the widow, if she be a pensioner, and if not, from the date on which her pensionable rights accrued. (3) If the mother of the children died before the father, it must be shown whether he again married. (4) It must be shown whether the father left any other pensionable child than the minors for whose benefit the claim is made, and, if so, why such child was not mentioned in the application. In minors' claims pension can not be allowed on account of a child who died prior to the allowance of the claim. 466. Act of June 27, 1890, as amended ly act of May 9, 1900. — Minor children have title under these acts upon the death or remar- riage of the widow of the soldier or sailor. Where, however, the widow was not married to the soldier or sailor prior to June 27, 1890, and his death cause did not originate in the service and in the line of duty; or where she has forfeited her title to pension by open and notorious adulterous cohabitation, or has been suspended under the provisions of section 4706, Revised Statutes, the minor takes title, even though the widow be aUve and unmarried. 467. A minor's claim for pension may be made and prosecuted by the minor himself or by a next friend or guardian, but if the claim is allowed before his majority the payment of pension shall be made only to a duly appointed guardian. 110 EEGULATIONS GOVERNING PENSION BUREAU. FENSIOirS TO HELPLESS CHILDREIT. 468. The first proviso of the third section of the act of June 27, 1890, as amended by the act of May 9, 1900, continues the pension of a minor child who is insane, idiotic, or otherwise physically or men- tally helpless, after it becomes 16 years of age, during the life of said child, or during the period of such disability. The benefits of this proviso are extended to all pensions granted before June 27, 1890, or thereafter granted, imder any statute. The pension al- lowed by the proviso commences from the date of the filing of the application therefor in the Bureau of Pensions. In order to obtain title, the helplessness of the child must have originated prior to attaining the age of 16 years, and have continued thereafter. 469. No helpless child of the soldier over 16 years of age at the date of death of the soldier has title to pension under these acts. PENSIONS TO SEPENDEITT RELATIVES. 470. Section J^lOl, Revised Statutes. — To obtain title to pension under this statute, it must be shown that the soldier or sailor died of a disability contracted in the service and in line of duty. 471. Dependent mothers. — In a mother's claim, her relationship to the soldier or saUor, the date and cause of the son's death, whether he left a widow or minor children surviving, and her dependence on him for support at the time of his death, must be shown. 472. In proof of dependence, it must be shown that previous to the date of the said son's decease her husband had died, or that he had permanently abandoned her, or that, on account of disability from injury or disease, he was unable to support her. 473. If the husband is dead, the date of his death must be proved. If he abandoned the support of his family, the date of the abandon- ment, and all the facts of the case, showing whether he ever returned or ever afterwards contributed to the support of the claimant, must be fuUy set forth. If any person who is legally bound to con- tribute to the support of the mother claimant neglect or fail to do so, and the State or local laws afford a remedy, it should be shown whether the claima,nt has invoked the aid of such laws to compel support. If the father was disabled, the nature and cause of the disability, when, and to what extent, it rendered him unable to sup- port the claimant, must be shown by the testimony of his physician. The extent of his disability during the period from the son's death to the present time should also be shown. 474. The value of the property of the claimant and her husband, the income derived therefrom, and the other means of support pos- sessed by her while she was receiving the contributions of the son on account of whose service and death pension is claimed, and from that time to the present, should be shown by the testimony of credible REGULATIONS G0VEBNTN6 PENSION BUREAU. Ill and disinterested witnesses, who must state how they know the facts. The value of property assessed for taxation may be shown by the testimony of the officer having custody of the records relative thereto, who should also state the ratio of the assessed to the actual or cash value of such property. 475. It must be shown to what extent, for what period, and in what manner, her said son contributed to her support, by the testimony of persons for whom the son labored, to whom he paid rent, of whom he purchased groceries, fuel, clothing, or other necessary articles for the mother's use, or of those who otherwise had a knowledge of the contributions of the son, and who must state how they obtained such knowledge. Any letter from the son, bearing upon the ques- tion of support, should be filed. If the son, in any other manner than by actual contributions, acknowledged his obligation to support his mother, or was, by law, bound to such support, the facts should be shown. 476. Dependent fathers. — In a father's claim for pension on account of the death of a legitimate son upon whom he was dependent for support, there must be proven — (1) The cause of his son's death; That said son left no widow or minor child surviving; The cause and extent of claimant's disability during the period in which the son contributed to his support, and from that time to the present; The amount of his property, and all other means of support pos- sessed by him during that period, and the extent of his dependence upon his son for support. < The facts of the case, in each respect, should be shown by such testimony as is required in the claim of a mother. (2) The date of the claimant's marriage to the mother of the soldier or sailor, the date of birth of the son, and the date of the death of said mother, must be proved. In case the mother applied for pension, reference should be made to her application, and the number of the same, or of her certificate, should be given. Evidence upon any fact established in a mother's claim shall not again be required. 477. Minor brothers and sisters. — In a claim on behalf of minor brothers and sisters there must be proved — The cause and date of death of the brother on whose account the claim is made ; His celibacy; The dates of death of the mother and father, or death of the father and remarriage of the mother; The dates of birth of the claimant and other dependents upon the brother for support. 76704°— 15 8 112 REGULATIONS GOVERNING PENSION BUREAU. If the mother or father applied for pension, the number of his or her application, or of his or her certificate, should be given. Evidence upon any fact established in the claim of the mother or the father wiQ not again be required. In the administration of the pension laws no distinction is made between brothers and sisters of the half blood and those of the whole blood. 478. A minor brother or sister's claim for pension may be made and prosecuted by the minor or by next friend or guardian, but if the claim is allowed before his majority the payment of pension shall be made only to a duly appointed guardian. 479. Act of June 27, 1890 {.construed as amending sec. 4707, B. S., as to dependent parents). — The same evidence is required in claims imder this act as under section 4707, Eevised Statutes, in its original form, except as to contributions by the soldier or sailor, and as to date of dependence, which is changed from the date of the soldier's or sailor's death to the date of the filing of the application for pension under this law. 480. The rate of pension under section 4707, Revised Statutes, in its original form, and under section 1 of the act of June 27, 1890, is governed by the rank of the soldier or sailor on account of whose service and death pension may be claimed. 481. If the claim is prosecuted under section 4707, Revised Stat- utes, the attorney's fee may be $25; if prosecuted under section 1 of the act of June 27, 1890, the fee is $10. CLAIMS FOB BESTORATION AND RENEWAL. 482. Application for restoration of pension (sec. 4719, R. S.) must be submitted by a declaration executed as in an original claim, set- tiug forth fully the reasons for failure to draw pension, accompanied by evidence satisfactorily accounting for such failure. 483. The act of March 3, 1901, amending section 4708, Revised Statutes, provides for renewal of pension to certain remarried widows on renewed widowhood. The applicant under these acts must show that she was the wife of the officer, soldier, or sailor during the period of his service in a war; that she was pensioned as his widow by reason of his death being due to disability of service origin in such war ; that her name was dropped from the roll by reason of her remarriage to another person who has since died, or from whom she has been divorced upon her application, and without fault on her part; and that she is without means of support other than her daily labor and a net income not exceeding $250 per annum. The fact that the widow was originally barred from pension by the terms of the act of March 3, 1865, by reason of her remarriage, does not deprive her of title to pension under the amendatory act of February 28, 1903. EEGULATIONS GOVERNING PENSION BUREAU. 113 FEirsioirs TO armt xturses. 484. Act of August 5, 1892. — By this act all women employed by the Surgeon General of the Army as nurses dxu-ing the late War of the Rebellion, for a period of six months or more, and who were honorably relieved from such service, are entitled to a pension, pro- vided they are unable to earn a support. DROPPING, RECOVERY, STTSPENSION, AND RECOUPMENT. 485. Under the provisions of the act of December 21, 1893, any pension heretofore or that may be hereafter granted to any applicant under any law of the United States, shaU be deemed to be a vested right in the grantee to that extent that payment thereof shall not be withheld or suspended until, after due notice to the grantee of not less than 30 days, the commissioner, after hearing all the evidence, shall decide to annul, vacate, modify, and set aside the decision upon which such pension was granted. 486. Such notice to grantee must contain a full and true statement of any charges or allegations upon which such decision granting such pension shall be sought to be in any manner disturbed or modified. 487. All cases in which these questions arise are to be determined by the Board of Review or by the medical referee, as the case may be, and where dropping, reduction, or recoupment is proposed, the evi- dence furnished tending to show absence of title or that the rate of pension now pending is excessive should be brought to the personal attention of the commissioner. 488. Pension paid in consequence of fraud on the part of the pen- sioner or of a mistake of fact in the adjudication of the claim may be recovered by withholding accruing pension. CLAIMS FOR SHARE OF PENSION PAID TO INMATES OF THE GOVERNMENT HOSPITAL FOR THE INSANE. 489. Act of February 2, 1909. — By the terms of this act, the pension accruing to an inmate of the Government Hospital for the Insane must be paid to the superintendent or disbursing agent of such hos- pital, and the money so paid shall be disbursed and used, under the regulations prescribed by the Secretary of the Interior, for the benefit of the pensioner, and in the case of a male pensioner, his wife, minor children, and dependent parents, or, if a female pensioner, her minor children, if any, in the order named. All questions affecting the right of a claimant to a share of the pension of an inmate of the hospital are determined upon evidence submitted to the Commissioner of Pensions, in accordance with the practice obtaining in such cases. The findings of the Commissioner of Pensions upon the evidence are submitted to the Secretary of the Interior for approval, and, upon the latter' s direction, the disbursing officers of said hospital shall 114 REGULATIONS GOVERNING PENSION BUREAU. make proper distribution of the pension money to the dependents enumerated in said act. 490. Apphcations to the Commissioner of Pensions for allotment of a share of the pension in cases under the act of February 2, 1909, shoidd be made under oath, and the applicant should state the rela- tionship to the insane person, the certificate number of such person, if known, the aggregate value of all property owned by the apphcant, as well as the sources of income and means of support of said apph- cant. All allegations should be sustained by the testimony of persons competent to testify from personal knowledge of the facts, and the witnesses should state their ages, means of knowledge of the facts to which they testify, and their post-office addresses, giving the street and number, or rural free-delivery route, if any. In case the appli- cation is made by the wife, she should furnish evidence of marriage in the manner and order provided for in sec. 453. If either applicant or pensioner had been previously married, the death or divorce of the former consort should be proved; in case of death, preferably by verified copy of the public or chm-ch record, or by the testimony of credible witnesses; and, in case of divorce, by a certified copy of the decree of the court. If there was no prior marriage on the part of the applicant or the pensioner, this fact should be shown by the testimony of at least two credible witnesses who have known the applicant and the pensioner from the time they became of marriage- able age. 491. In the cases of minor children or dependent parents, the rela- tionship of the applicants to the pensioner must be satisfactorily shown. 492. The application and the evidence necessary to estabhsh the claim should be filed at the same time. CLAIMS FOR PAYMENT OF PENSION TO WIVES OF INSANE PENSIONERS, OR TO WIVES OF PENSIONERS UNDERGOING SENTENCE OF IMPRISONMENT. 493. Act of August 8, 1882. — Where an insane invahd pensioner has no guardian, and has a wife or children dependent upon him, the wife being a woman of good character, the Commissioner of Pensions is authorized, in his discretion, to cause the pension to be paid to the wife, upon her properly executed voucher, or, if there is no wife, to the guardian of the children, upon his properly executed voucher, and, in hke manner, to make payment of the pension due inVaUd pensioners who are imprisoned for offenses against the law, to their wives, or the guardians of their children. Under this statute evidence showing the pensioner's insanity or imprisonment, and, in the case of a wife, her good character, as well as the proof required in claims under the act of February 2, 1909, above, must be furnished. KEGtlLATIONS GOVERNING PENSION BUREAU. 115 ACCaXTED AND REIMBTrKSEMENT CLAIMS. 494. Act of March 2, 1895. — An accrued pension is payable, under the terms of this act, whether the certificate issues prior or subsequent to the death of the soldier entitled to the pension, first, to his widow, second, if there is no widow, to his child or children under 16 years of age, third, in case of a widow, to her minor children by the soldier who were under 16 years of age at the date of her death. No other person is entitled to receive the accrued pension, as a matter of right, nor is it considered a part of the assets of the estate of the deceased pensioner. It is not liable for the debts of the estate, in any case whatsoever, but inures to the sole and exclusive benefit of the widow or children. The proof necessary to estabhsh a claim for accrued pension is identical with that required to establish the claim of a widow or minor child to original pension, in so far as the relation- ship of the claimant for the accrued pension to the pensioner is concerned. 495. A claim for reimbursement may be made by the person who bore the expenses of the last sickness and burial of any pensioner who died, leaving no widow, or child under 16 years of age, stu-viving, provided the pensioner did not leave sufficient assets to meet such expenses. An appUcation for reimbursement should be accompanied by the following evidence: BiUs of aU expenses of last sickness and burial. — If paid by the claimant for reimbusement the bills must be properly receipted to said claimant. If unpaid, the parties to whom said bills are due should note on each bUl, over their signatures, that they hold the claimant responsible for the payment. If the bill be for medical treatment it must show the dates of visits or treatment and the charge for each. A biU for nursing and care must show the dates between which the services were rendered, and the rate per day or week. The bin of the undertaker must be itemized, and show the date on which the services were rendered. Each bill must show that the service was rendered for the pensioner on accoimt of whom reimbursement is claimed. All claims should be presented in the name of one person. BiUs which are forwarded become a part of the records of the Bureau of Pensions, and can not be returned. Claimants should therefore secure duplicates of such bUls if needed by them. If the pension certificate which was issued in the name of the pensioner is not in possession of the claimant a statement showing its whereabouts or final disposition should be made. 496. In claims for accrued pension or for reimbursement imder the act of March 2, 1895, a formal declaration is not necessary. AU that is required in these cases is that the appUcant shaQ be properly 116 REGULATIONS GOVERNING PENSION BUREAU. identified by the evidence as the person entitled to the accrued pension or reimbursement. (See section 156.) 497. The maihng of a pension check in payment of pension due, issued on voucher, constitutes payment in the event of the death of the pensioner subsequent to the execution of the voucher therefor. 498. a. In nonvoucher cases the proper delivery of a pension check during the lifetime of the pensioner constitutes payment in the event of the death of the pensioner prior to indorsement thereof. In such cases the checks become a part of the assets of the estate of the deceased pensioner. 6. AU inquiries relative to the payment of such checks should be addressed to the Auditor for the Interior Department, Treasury Department. WITNESSES AND TESTIMONY. 499. A declaration executed before an officer who is claimant's attorney is accepted by the Bureau of Pensions as good and valid, but under the practice such magisterial act vacates any rights which may be conferred on him in the power of attorney therein embodied. 500. Evidence executed before an officer who is claimant's attorney or before any person who has a manifest interest therein shall not be considered. It is held by the Secretary of the Interior, however, that evidence so executed, wherein the certificate of such ofiicer contains a clause setting forth that "he is in nowise interested in the claim nor concerned in its prosecution" is good and valid, but the rights such ofl&cer may have had as attorney in the case are thereby abandoned. All certificates of executing officers should certify that they have no interest in the claim. 501. Every fact required to be proved should be shown by the best evidence obtainable. Every witness should state whether he has any interest, direct or indirect, in the prosecution of the claim in which he may testify; whether he is related to the claimant, and if so, how; and should give his post-office address, with street and number, or rural free-delivery route, if any. 502. Witnesses should not merely confirm the statements of other parties, but should give a detailed statement of the facts known to them in regard to the matter concerning which they testify, and should state how they obtained a knowledge of such facts. The officer taking the deposition or affidavit should certify in his own hand- writing as to his knowledge of the credibility of the witnesses. If they sign by mark, the signature must be attested by two witnesses who write, and the officer must certify that the contents of their depositions or affidavits were read to them before he administered the oath. 503. Affidavits should be free from interlineations and erasures. When an alteration is made in an affidavit, or an addition is made REGULATIONS GOVEENING PENSION BTJKEATJ. ii'r thereto, it must appear by the certificate of the officer who admin- istered the oath that such alteration or addition was made with the knowledge and sworn consent of the affiant. 504. In all affidavits from surgeons or physicians the portion detailing the nature of the disability, dates of treatment, and date of death, symptoms and opinions as to connection between diseases or injury and disease should be in the handwriting of the party by whom it is signed. The testimony of any person testifying as an expert should be prepared by some one professionally competent to do so. 505. The official certificates of judicial officers using a seal or of commissioned officers of the Army or Navy in actual service shall be accepted without being sworn to, but all other witnesses must testify under oath. COPIES OF RECORDS AND PAPERS. 506. a. Act of August 24, 1912. — Copies of the bureau records may, when not deemed prejudicial to the interests of the Government, be furnished at the rate of 15 cents for each 100 words copied, or 15 cents for each sheet photographed, with 25 cents additional for each certificate of verification and the seal of the bureau attached to authenticated copies. Authenticated copies are to be admitted in evidence equally with the originals thereof. 6. The papers, copies of which are desired, should be clearly speci- fied, and the name of the soldier upon whose service the claim was based, the designation of the organization in which he served, and, if possible, the number of the claim or the certificate should be stated, in order that the case may be identified and unnecessary delay avoided; and the purpose for which such copies are desired should be definitely stated. 607. Act of May 11, 1912. — Section 5, as amended March 4, 1913, provides that a record be, kept of Civil and Mexican War pensioners under said acts, showing the name, length of service, and age of each pensioner, the monthly rate of pension paid to him and the county and State of his residence, and that certified copies thereof be furn- ished upon demand and payment of such fee therefore as is provided by act of August 24, 1912. 508. Post-office addresses are charged for at the rate of 15 cents each, but may be furnished free where requested by a claimant for pension in securing evidence in the prosecution of his claim. UISCELLANEOTTS. 50i9. Applications for certificate of service in lieu of lost discharge should be filed with the Adjutant General, United States Army, War Department, in Army cases, and with the Chief of the Bureau of Navigation, Navy Department, m Navy cases. 118 REGULATIONS GOVEBNING PENSION BUEEAU. 610. Applications for back pay, extra pay, or bounty money for military service should be filed with the Auditor for the War Depart- ment; for bounty, extra pay, or prize money for naval service, with the Auditor for the Navy Department. 511. Applications for artificial Umbs or mechanical appliances should be filed with the Surgeon General, United States Army, War Department. 512. Apphcations for headstones for graves of deceased soldiers should be filed with the Chief, Quartermaster's Corps, United States Army, War Department. 513. TABIE OF ATTOENEY FEES ALLOWED BY LAW. In original claims allowed under all general laws (except such acts as do not provide for payment of a fee), (sec. 4, act July 4, 1884) a fee — On properly executed articles of agreement, any amount contracted for, not exceeding $25.00 Without articles of agreement 10. 00 Act June 27, 1890 (sec. 4 of said act) 10. 00 Act Apr. 19, 1908 (sec. 2 of said act) 10.00 Act May 11, 1912, on original allowance only and only in cases where such allowance is made to a person who was not a pensioner under any law at passage of the act, and had never received a pension prior to that date. On properly executed articles of agreement, any amount contracted for) not exceeding 25. 00 Without articles of agreement 10. 00 Supplemental claims allowing pension — For child by former marriage, if filed by new attorney 10. 00 For helpless child — If named in original application, but new attorney presents claim. . 10. 00 If not so named, whether supplemental claim be filed by new or original attorney 10. 00 For posthumous child, born after filing claim, unless expressly exempted by mutual agreement between claimant and attorney. . 10. 00 Rerating or reissue to correct rate or date of commencement, if filed by new attorney (11 P. D . , 202) 10. 00 Reduction in rate of pension, for services rendered in preventing (Secretary's decision, Dec. 27, 1900, case of Charles Hebel, certificate No. 113168) 10. 00 Dropping pensioner's name from roll, for services rendered in preventing (9P. D., 236) 10.00 Renewal, restoration, removal of suspension, etc., "cases of difficulty and trouble " (sec. 4, act July 4, 1884), commissioner may recognize articles of agreement for not exceeding (8 P. D., 182) 25. 00 Restoration — Dropped for loss of title on testimony taken by a special examiner show- ing that the disability or cause of death on account of which pension was allowed did not originate in line of duty, and in cases of dependent relatives whose names were dropped, on like testimony, upon the ground of nondependence (act July 4, 1884), in claims under all gen- eral laws (except act June 27, 1890, act Apr. 19, 1908, and such acts as do not provide for payment of a fee) — On properly executed articles of agreement, any amount contracted for, not exceeding 25 00 Without articles of agreement 10.00 REGULATIONS GOVBENING PENSION BUREAU. 119 Restoration — Continued . Under act June 27, 1890 $10. 00 Under act Apr. 19, 1908 10. 00 Where dropped under sec. 4719, R. S. (4 P. D., 405) 10.00 Increase claims — Mexican War, Jan. 5, 1893, and amendatory acts, in which fee was not paid prior to Sept. 20, 1902 (12 P. D., 505) 10. 00 In cases where increase is granted because of increase of the disability for which pension was originally allowed (act Mar. 3, 1891) 2. 00 514. Not payable on order of Commissioner of Pensions, but a matter of contract between claimant and attorney, subjecting the latter to disciplinary proceedings in the event of extortion or unreason- ableness. Accrued pensions, act Mar. 2, 1895, due deceased pensioners (rule 26, prac- tice): Attorney may collect 10 per cent of accrued pension paid, but fee must not exceed $10. 00 Divided pensions, act Mar. 3, 1899 (10 P. D., 403): Attorney may collect rea- sonable fee, and in absence of abuse or misconduct on his part justifying disbarment. Commissioner of Pensions has no authority. 515. Cases wherein fees are denied. By law: Act July 4, 1884, arrears of pension allowed by Congress subsequent to original grant No fee. Act Mar. 19, 1886, increasing rates of pension to certain widows No fee. Act Aug. 5, 1892, granting pensions to Army nurses No fee. Act Mar. 3, 1901, and act Feb. 28, 1903, amendmg sec. 4708 R. S., giving pensionable status to certain remarried widows No fee. Act Feb. 6, 1907, granting pensions to certain survivors of the Mexican and Civil Wars No fee. Act May 28, 1908, for services in introducing or securing the passage of a private act of Congress granting a pension No fee. Act May 11, 1912, if a pensioner at date of the passage of the act, or had been a pensioner prior to its approval No fee. By departmental construction or regulations: Increase of pension by operation of law No fee. Claim filed by State agent or commissioner (7 P. D., 293) No fee. Wherein power of attorney only is filed (4 P. D., 356; 7 P. D., 517) No fee. Wherein no service is rendered (7 P. D., 517) No fee. Wherein attorney transmits only order for medical examination or rea- sons for claimant's failure to appear for such examination (9 P. D., 375), unless in response to bureau call No fee. Where guardian, as attorney, prosecutes claim of his ward, or firm of attorneys of which guardian is a member, prosecutes such claim (rule 15, practice) No fee. Where no fund accrues by reason of allowance out of which fee could be paid (8 P. D., 139; 11 P. D., 149) No fee. Reissue to include new disability, if no increase (8 P. D., 139) : . . . No fee. Rerating or reissue to correct rate or date of commencement, if same attor- ney as in original claim (7 P. D., 359; 13 P. D., 75) No fee. Securing new or duplicate pension certificate (8 P. D., 261) No fee. Supplemental claims allowing pension — For child by former marriage if claim be filed by original attorney (7 P. D., 47; 16 P. D., 546) No fee. For helpless child if child named as helpless in original declaration, to original attorney (9 P. D., 117) No fee. 120 BEGITLATIONS GOVEBNING PENSION BXTEEAtr. 516. Postage. By order of May 26, 1891, attorneys may receive, from and after Apr. 22, 1891, for postage in any one claim |0. 50 The foregoing orders, instructions, and regulations, comprised in 516 sections, are prescribed for the government of the Pension Bureau and others having relations therewith. Gayloed M. Saltzgabee, Commissioner of Pensions. Approved April 5, 1915. Depaetment of THE Inteeioe. Bo Sweeney, Assistant Secretary. INDEX. A. Section. Abandoned claims, practice in 236, 237 Abandoned files, duties of 21 Abandonment: Minors by widow 465 ^ Mother by father 472 Abbreviations, prohibited in official correspondence 300 Absence: Deductions from leave, account of 22 Leaves of, laws and rules governing 415 Or presence of comrades, verification of 231 Without leave, deductions account of 72 Acceptance: Statement "no other service " in declaration, as prima facie 147 Widow's declaration, act of June 27, 1890, as act of April 19, 1908 60c Accrued pension: Briefing of claim for 203 Certificate, presence or absence to be noted on face brief 159 Declaration, formal not necessary 156, 496 Fee in 378 Joint resolution of July 1, 1902, not applicable 104 Pa3rment not to be made if overpayment 154 Payment of, act of March 2, 1895 494 Reimbursement 162, 495, 496 Act of March 3, 1865: Remarried widows 483 Act of March 9, 1878: War of 1812, service pensions 420 Act of March 3, 1885 : Prior soundness, presumption of 440 Act of January 29, 1887: Mexican War service pensions, provisions of 424 Act of August 7, 1882: Evidence as to marriage 454 Act of August 8, 1882: Law Division in charge matters under 11 Payment in case of imprisoned or insane invalid pensioner to wife 493 Act of March 19, 1886: Increase thereunder to be noted on reissue certificates. 274 Act of June 27, 1890: Provisions of, as to soldiers 442, 443 Dependent parents — Present dependence only required 479 Under section 4707, Revised Statutes, as amended by 479 Helpless children under 468 Joint resolution of July 1, 1902, applicable to widows under 464 Marriage of widows prior to 462 Minors, title thereunder 466 Widow's declaration under, accepted as act of April 19, 1908 60c Widows, title under 462 121 122 INDEX. Baction. Act of July 27, 1892: Indian wars, provisions of 421-423 Act of August 5, 1892: Army nurses 484 Act of January 5, 1893: Mexican War, pensions under 424 Act of December 21, 1893: Accrued pension, not applicable in claims for, if fraud or mistake 154 Dropping thereunder 485 Act of July 18, 1894: Inspection examining surgeons' reports 285 Act of March 2, 1895: Benefits to be noted on brief, when given 64i, 64j Fee in accrued claims under 378 Increase thereunder to be noted on reissue certificates 274 Joint resolution of July 1, 1902, not applicable to claims thereunder 104 Payment of accrued pension 494 Payment of, as reimbursement 55c Reimbursement, deduction amounts received from various States and Dis- trict of Columbia 157 Act of March 3, 1895: Prior soundness presumed 440 Act of March 13, 1896: Presumption of death thereunder 463 Act of March 30, 1898: Destruction of battleship Maine 134 Act of March 3, 1899: Appeals under , 253-256 Claims xmder 105-129 Marriage subsequent to date of act 458 Settlements under, by Law Division 11 Act of April 23, 1900: War with Mexico, pensions under 424 Act of May 9, 1900: Minors, title thereunder 466 Provisions of 442,443 Provisions of as to widows 462 Act of March 3, 1901: Renewal of pension, remarried widows 483 Section 4715, Revised Statutes, applies to claims under 67a Act of June 27, 1902: Indian wars, provisions of 422 Act of February 28, 1903: Remarried widows 483 Act of March 3, 1903: Mexican War survivors 424 Act of February 20, 1905 : Law Division in charge matters under 11 Act of February 6, 1907: Amended by act of March 4, 1907: Service pensions,' Civil War 444 Claims under 68-99 Claims under, how classed and reported 68a Provisions of, service in Civil War 444 Rates under, survivors War with Mexico 425 Act of April 19, 1908: Date of marriage of widows 462 Joint resolution of July 1, 1902, applicable to widows' claims under 464 Proof in widows' claims thereunder 453 Widow's declaration under act of June 27, 1890, accepted under 60c Act of May 30, 1908: Claims luider I3 -^^q Indian wars, provisions of 423 Act of February 2, 1909: Law Division in charge matters under H Pensions of inmates Government Hospital for the Insane 489-492 INDEX. 123 Act of May 11, 1912: Section. Absence without leave, deductions account of 72 Adjudication prior to act of March 4, 1913, not to be disturbed 83 Age- All facts to be considered in determining 71 Declaration not required except in original claim 81 Future increase on accotmt of 80 Application of section 4701, Revised Statutes 77 Automatic increase 448 Benefit disability clause not given unless specifically mentioned 69 Birth, year being shown by papers on file, same to be accepted without calling for further proof as to year 91a Certified copies of names, length of service, and age 507 Claims under 68-99 How classed and reported 68a Commencement increase for disability, date filing declaration 86 Date of birth — Approximate date may be fixed 84 To be accepted on allegation, if 75 years of age 85 To be noted on face brief and in letter of rejection, in certain cases. . . 88 Year being established, claimant's afiidavit as to day and month may be accepted 91b Date of commencement 447 Disability — Further consideration of, if purpose claimed 70 Incurred in service 446 Medical evidence required 96 Medical examination in 95, 98 Reopening rejected claims 99 Drafted men, commencement of pensionable service 79 Election, pensioner receiving same rate under another law 93 Furlough, time not deducted if returned from 72 Increase — Commencement of 82 Considered if beneficial age reached within 3 months 90a Considered upon receipt information any source that pensioner reached beneficial age 94 Considered upon request from pensioner 89a If not entitled within 3 months, memorandum to be kept 90b Medical examination, orders not to issue in certain cases 97 Pensioner's age, rejection on account of, pensioner to be advised as to his future rights 91c Provisions of 445 Rate, War with Mexico 426 Rates, Civil War 445 Rejection- Form of letter when applicant not reached beneficial age 92 If applicant pensioned greater rate under other laws 87 Section 4701, Revised Statutes, not to reopen claims adjudicated prior to change in practice 78 Act of August 24, 1912: Copies of Bureau records, when furnished and charges for 506 Provision for fee for furnishing certified copies 507 Act of February 19, 1913, Indian wars 131 124 INDEX. Act of March 4, 1913: Section. Adjudication under act of May 11, 1912, prior to, not to be disturbed 83 Amending act of May 11, 1912, automatic increase 448 Action: Face brief, evidence in rejected cases to be disposed of by 318 Form of letter advising claimant as to 139, 140 Notice of, to Members of Congress, in cases called up by 290 Prompt, in cases recalled from Congress 280 Acts: Public, copies, chief clerk to Law Division 278 Special 275-279 Copies made by chief clerk 275 Eeference of, to Law Division 275 Addresses: Alias to be omitted in 298 And names of comrades 320 Care of another person, not accepted for delivery of valuable mail 216 Change of post office 18 General delivery; when it may be assumed that another address is not available 217 In communications to be at the beginning 297 Inmates soldiers' homes to contain service. 299 Pensioners, correspondence as to, to be in name disbursing clerk 296 Post office, of pensioners, charges for furnishing 508 Registered mail to contain name of county 302 To include street and number, post-office box or rural free-delivery route. 216, 501 Adjudicating Division: File slip to be sent to, on issue 6f certificate 270 Not to call for letters of guardianship 261 Adjudication, final, when reached 137 Administrative examination, under Dockery Act made in Finance Division. . . 17 Admission, of attorneys 344^ 346 Admittance: Employees not allowed before 8.30 or after 4.30 24 Female clerks not permitted on fourth floor 26 Admitted cases, examination of surgeons' certificates not permitted in 286 Admitted files, duties pf 20 Adulterous cohabitation; No payment to widow as guardian if dropped from roll for 265 Widow dropped account of, title of minors 4gg Adverse, all parties to be notified of appeal 242 Advertising, matter by attorneys 399^ 400 Advice: Claimant as to action, form of letter X39 ^40 Employees not to give claimants 32 Refundments, to be given Auditor for Interior Department 150 Affidavit: Execution of 42g Fixes date for commencement pension under act of May 11, 1912 86 For the removal of desertion because of disloyalty lOi If repeated, how acted upon gg^ Judicial officers using a seal not to be under oath 505 Officer must certify to interlineations or erasures 503 Surgeon's or physician's, to be in handwriting of witness , 504 INDEX. 125 ^S^' Section. ActofMay 11, 1912, all facta to be considered in determining 71 Declaration not required except in original 81 And date of birth to appear on face brief 68d Approximate date of birth may be fixed 84 Beneficial, act of May 11, 1912; claim considered upon receipt information any source pensioner has reached 94 Calls on Census Bureau 100 Correspondence as to, by letter 68c Date of birth accepted after maximum, 75, reached 85 Determine under act of May 11, 1912, if adverse action taken 88 Increase on account of, future, act of May 11, 1912 80 Mistatements, refundment account of 152, 153 Rejection, form of letter 92 On account of, pensioner to be advised future rights 91c Agents. (See Attorneys.) Agents, State, advised as to calls 403 Agreement, articles of: Execution, if not proper, attorney to be advised 392 Form of 390 To be in duplicate 389, 391 Two ■witnesses required to claimant's signature in 386 Withholding fee if defective 397 Alias, not to be used in addresses 298 Allowances, Navy, 10 and 20 years' service 451 Answers, prompt and respectful, required in inquiries for status 291 Prompt, required in congressional calls ; 289 Appeals: Action in bureau on 258-260 Chiefs of division to commissioner 238 Claim for division of pen sion, notice of decision 252-256 Consideration in bureau after notice of appeal 259 Copy of decision of Secretary mailed to party 257b Division of pension 260 Employees, only through chief , 239d Filed with the commissioner 235, 241 Motion for reconsideration 251 Notice to adverse parties 242 One year, must be filed within 235 Practice in pension and bounty land 240, 257b Time limit, one year 242 To chief of board of review 238 Two or more claims involved 251b Under act of March 3, 1899 252-256 Applicant, declaration of, as to other service 147 Application: Accrued pension, reference of 156 Artificial limbs, where filed 511 Back pay and bounty, where filed 510 Blanks, requests for to chief clerk 55d Calls for record on filing 431 Certificate of discharge, where filed 509 Date of commencement, act May 11, 1912 447 126 INDEX. Application — Continued. Section. Headstones for graves,' where filed 512 If repeated, how disposed of 59c Increase — And renewal, medical testimony in 64d Disposition of second when first still pending 64e To Law Division 55a Appropriations, estimates: For bureau made by chief clerk 6 For payment of pensions made by Finance Division 17 Approval: Form of, in case applicant receiving higher rate under other laws 138 Secretary of Interior, names to be dropped upon 155 Approximate, date of birth may be fixed 84 Arguments, oral, before Law Division, not permitted by attorneys 395 Army and Navy Division: Communications relative to bounty land, to 54b Duties of 13 Reimbursement claims, act of March 2, 1895, to r. . . 13, 55c, 162 Army nurses: Act of August 5, 1892 484 Briefing of claims 212 Arrangement, briefing claims in different classes of cases 189-214 Articles of agreement: Attorneys advised if not properly executed 392 Claimant's acknowledgment not to be before attorney named therein 387 Defective, fee withheld 397 Form of 390 To be in duplicate 389, 391 Two witnesses required to claimant's signature 386 Artificial limbs, applications for, where filed 511 Assistance of Members of Congress and other officials, soliciting of, by attorneys subject to disbarment 360, 361 Assistant chief clerk, duties of 7 Attorneys 344-359 Accrued pension, fee in 378 Admission and recognition of 344i 346 Advertising matter by ; 399^ 400 And claimants to be notified in rejected claims 233 Articles of agreement — Claimant's acknowledgment not to be before attorney named therein. 387 Form of 39O Not properly executed, advised of 392 To be in duplicate 339 391 Two witnesses required to claimant's signature therein 386 Claimant's right to revoke power of attorney 333 Claims not to be taken out of regular order on request of, except for good cause 3173 Change of guardian does not afifect status of attorney 374 Declaration and other evidence not to be executed before 388 Disbarred, claimant to be advised 293 Discipline of , in charge Law Division 7 11 INDEX. 127 Attorneys — Continued. Evidence— Section. Called for must be humished within 90 days 379 Execution of, not to be before attorney 500 Referred to Law Division for opinion, properly briefed 398 Willful withholding of, by attorney, to be reported to Secretary 375 Expense incurred by, reimbuTBement from claimant under certain condi- tions 377 Fee- Allowed, notice of issue only when 269 Dependent parents 481 Greater received than authorized, to be reported for disbarment 376 Not allowed to guardian who prosecutes claim of ward as attorney 369 To be paid on first issue 384 Withheld if articles of agreement defective 897 Fees allowed by law, table of 513 Government employees prohibited from acting as 404 Laches of, not to be dropped without 30 days' notice 379 Medical examinations, notice of, and calls for evidence not to be" sent to dis- qualified attorneys 365 Motions to reconsider rulings and decisions of Law Division not to be en- tertained 396 Neglect to prosecute claim for one year evidence of abandonment 380 Officers of the United States prohibited from acting 359 Oral arguments not permitted by, before Law Division 395 Orange colored slip, use of, prohibited by 282 Power of attorney — Claimant's right to revoke 383 Not recognized unless signed by claimant in presence two witnesses. . 358 Prohibited — From transferring claims unless in good standing 356 From using initials "U. S." or the words "United States " in title 401 Postage, amount allowed from claimants 393, 516 Questions for Law Division must be in writing 395 Recognition of, only upon power of attorney 357 Required to state names of all subagents or correspondents 371 Rights of, vacated by execution of declaration before 499 Sample forms of declarations to be furnished 417 Schedule of transfers required 352 Soliciting assistance, Members of Congress and other officials subject to disbarment 360, 361 State agents to be.advised as to calls 403 Status of, to be obtained from Law Division 347 Suspension of, entitled to fee in claims completed prior to 362 To be notified — Issue bounty land warrants 133b Of action of rejection 382 To refund fee erroneously certified 402 Transfer of — Consent of attorney required in 349 In cases deceased claimants 355 Separate slip required in each case 351 Written consent of claimant required in 354 76704°— 15 9 128 INDEX. Attomeye — Continued. Section. Transfer slips referred to Law Division 394 Title to fee not to be considered after expiration of one year from date issue certificate 370 Attorneyship, transfer of , must be acknowledged under oath 350 Auditor for Interior Department: Advised of refundments 150 Checks, payment of 498 Authors, initials of, must appear on all communications 49, 300 Automatic increase, act of May 11, 1912 .' 80,448 B. Back pay, application for, where filed 510 Battleship Maine, pension account destruction of, not to commence prior to February 16, 1899 134 Beneficial age: Act of May 11, 1912, claim considered upon receipt information any source, pensioner has reached 94 Form of letter rejection to be used when applicant has not yet reached 92 If reached within three months, increase act of May 11, 1912, to be con- sidered 90a To be noted in certain cases .' 88 Benefit, disability clause, act of May 11, 1912, not to be given unless specifi- cally mentioned 69 Benefits (act of Mar. 2, 1895) : To be noted on brief when given 641, 64j Biennial report required of guardian 264 Bills, expenses last sickness and burial 495 Birth: Approximate date of, may be fixed 84 Date of — and age to appear on face brief 68d To be accepted on allegation if 75 years of age 85 To be in claimant's statement before special examiner 221 To be noted on face brief and in letter of rejection, in certain cases 88 Of children, proof as to dates of 459 Of pensioner, act of May 11, 1912 — Claimant's sworn statement aa to day and month will be accepted 91b When year established cumulative evidence as to year not to be required 91a Blank: Applications, requests for, to chief clerk 55"tiesof .'.'.'.'..'.'.'.'.'.' n,ieo GuaJdianship cases, evidence of appointment obtained and certificate of payment to, by 261, 265 Notice of dropping prepared in 155 Refundments to be forwarded to 150 Requisitions on Treasurer of the United States, made in 17 To obtain evidence of guardianship 261 Vouchers, preparation of , in 17 First payments, $500 or more, to commissioner 5 Force, messenger, distribution of '. 41 Foreign countries: Correspondence with, if expense involved, through Special Examination Division 314 Mail for, to Mail and Supplies Division for postage 308 Form, genera], of official letters 303 Former: Husbands, service of if any must be shown in widows' claims 229,-328, 329 Wife, minors by, increase account of payable to widow 461 Forms: Approval, applicant receiving higher rate under other laws 138 Articles of agreement .- 390 Blank, of declarations, to be furnished claimants 417 Letter advising claimant as to action 139, 140 Letter, if rejected because claimant receives same or greater rate 93 Letter of rejection when applicant not reached beneficial age 92 Sample, of declarations, to be furnished attorneys 417 Fourth-class postmasters, not authorized to administer oaths for general pur- poses 408 Fourth floor, female clerks not to be admitted to 26 Fraud: Accrued pension not payable in case of 154 Communications alleging or violation of law, to Law Division 43b, 54a Names dropped upon approval by Secretary 155 Probability of, jn claims, reference to Law Division 222 Recovery on account of 488 Reports of special examiners as to, to Law Division 223 Friend, next, of minors, prosecution of claim by 467 Functions of divisions 9-21 Furlough, time of, not to be deducted if returned from 72 Future: Increase on account of age, act of May 11, 1912, to be shown in certificates. 80 Rights, pensioner to be advised of, when claim rejected account age 91c G. General delivery: Not accepted unless no other address available 216a When may be accepted 217 146 INDEX. Section. General law, oflBcers under, rates for 414 Glass, broken, disposition of 34 Government Hospital for the Insane, pensions of inmates 489-492 Graves, headstones for, application for, where filed 512 Greater rate, claims (act of May 11, 1912), rejected if applicant pensioned at, other laws 87 Guardian: Change of, does not affect status of attorney .'. 374 Minors — Payment only to 467 Prosecution of claim by 467 Name on face brief 262 Payment to be made to 263 Widow as, no payment to if dropped under act of August 7, 1882 265 Who prosecutes claim of ward as attorney, fee not allowed to 369 Guardianship '. , 261-265 Biennial report required 264 Letters called for in Finance Division and not in adjudicating divisions. . . 261 H. Handwriting: , Signature, tracing of, for comparison with in identity cases 322 Witness, affidavit of surgeon or physician to be in 504 Headstones, graves, applications for, where filed 512 Helpless children: Briefing of claims for 205 Increase for not to be allowed in special acts of widows unless provided for. . 65 Not entitled unless disability existed prior to 16 years of age 468 Over 16 years of age at soldier's death, no title 469 Title of under act of June 27, 1890 468 Higher rate: Form of notice in case of 140 If in receipt of under other law, claim under act of May 11 , 1912, should be rejected 87 To be given if information warrants under act of May 11, 1912 94 Under other laws, form of approval in case applicant receiving 138 History: Marital, to be in claimant's statement before special examiner 221 Military-medical, invalid claims 63a Home examinations, medical 61h Home, United States military or naval, correspondence to be addressed to official head 312 Honorable discharge, act of July 1, 1902 443 Hours: Admission of employees 24 Work 22 Husband: Former, service of mxist be shown, if any, claims of widows 229 If a pensioner widow not required to show other service 148 I. Identity. 322 Special examination as to 220 Imprisonment, payment of invalid pensions to wife in case of (a«t Aug, 8, 1882) . , 493 INDEX, 147 Act of Mar. 19, 1886, to be noted on reissue certificates 274 Act of Mar. 2, 1895, to be noted on reissue certificates 274 Act of May 11, 1912— Considered if beneficial age reached within three months 90a Considered receipt information any source pensioner reached beneficial age 94 If not entitled within three months, memorandum to be kept 90b To be considered upon request from pensioner 89a Applications direct from Law Division to adjudicating divisions 55b Prompt consideration of 64b Automatic (act of May 11, 1912) 448 Briefing of claims for 194, 195 Declarations for 449 Disability, to commence from date of filing declaration under act of May 11, 1912 86 Indian wars survivors (act of Feb. 19, 1913) 131 Medical examination in claims for 64b Not ordered if in receipt maximum rate ^ . 64c Medical testimony in applications for renewal 64d Required if pensioner receiving $17 to $24 64h Minor and helpless children, not to be allowed in special acts of widows unless provided for 65 New disability not alleged of service origin, to be ignored 66 No examination, case of death of applicant, case rejected 641 On account of age, future (act of May 11, 1912) 80 Rejected claim reopened if medical examination ordered therein 64k Renewal and, under sections 4692 and 4693, Revised Statutes 143 Second filed before prior one disposed of 64e Submission of to board of review 64a Incurrence: Death or disability prior to Mar. 4, 1861, law relative thereto and dj.te commencement of pension 427 Disability in service (act of May 11, 1912) 446 Index sheets: Prepared in Special Examination Division 12, 219, 226 To contain date of medical examination 219 Indian soldiers, wido^rt, marriage 455 Indian wars: Briefing claims account of 211 Certificate as to service. State of Texas 130 Service, pensions accoimt of 421-423 Survivors, increase to $20 131 Indorsements. (See Endorsements.) Information: Calls for from private institutions, if fee required 310 Employees prohibited from giving out 28 For press 28 Initials: And date in indorsements on jackets, required 317 Authors, must appear on all communications from bureau 49, 300 Injuries: Disability from, nature of evidence required 435 Line of duty, record of treatment not suflBcient .- 441 148 INDEX. Inmates: Section. Government Hospital for Insane, pensions of 489-492 Soldiers' Home, addresses to contain service 299 Inquiries: Addressed to employees, referred to proper official 295 Prompt answers required in 289, 291 Without data, to be returned 43a Insane: Government Hospital for, pensions of inmates of 489-492 Invalid pensioner, payment to wife 493 Inspection: Confidential communications and reports, special examinjers in criminal cases, prohibited 284 Examining surgeons' certificates 285 Papers 284-288 Institutions, private, calls for information from, it fee required 310 Instructions: Chiefs of division, to be in writing 47, 48 Letter of, in special investigations, to be prepared with carbon 50 Special examination of medical questions, by medical referee 61j Interest, in prosecution of claim, witnesses to state 501 Interior, Secretary of, names dropped from roll upon approval of 155 Interlineations: Certified to by officer 503 Erasures and underscoring not allowed in correspondence 294, 300 Intricate questions of law to attention of commissioner 5 Invalid claims: Military and medical history 63a Original, practice in 63 Special examination, not referred unless ratable degree disability 224 Invalid pensioner, insane, payment to wife 493 Investigations, special, letter of instructions to be prepared with carbon 50 Issuance, of supplies 44 Issues: Notice of given claimants only when fee allowed 269 Ordinal or reissue 68al, all J. Jackets and endorsements 317 Jackets: Certificate, no change in except in Certificate Division 272 Endorsements, date, initials, and division required 317 on to be clear 317 Mutilated, to be replaced by new 317 Joint resolution of May 29, 1830: Meritorious cases not allowable under law, referred to Congress 281a Joint resolution of July 1, 1902: Amending act of June 27, 1890, honorable discharge 443 Applicable widows' claims under acts of June 27, 1890, and April 19, 1908 . 464 Claims under , 101-104 Joint resolution of June 28, 1906, amending act of June 27, 1890 443 Justices and notaries 405-408 Calls for information as to official character of officers to be on Law Division 407 Certificates of official character of officer covering date execution only, not to be detached 4Qg INDEX. 149 I". Section. Laches, attorneys dropped account of 379 Land, bounty, communications aa to, to Army and Navy Division 54b Last sickness and burial, feimbursement 495 Law: Authorizing leaves of absence 415 Certified copies all pension, filed in Law Division 278 Declaration, recording under proper 52 Intricate questions of, to Commissioner 5 Law clerk, duties of g Law Division: Abstracts of evidence furnished by 11 Act of March 3, 1899, division of pension, under j 11 Application 1 for increase, direct from, to adjudicating division 55b Certified copies all pension laws, filed in 278 Communications as to fraud or violation of law to 43b, 54a Contesting claims, reference of , to 232 Criminal matters, and recovery by civil action, charge of 11 Declarations, defective, doubtful, or indefinite, correspondence as to, by. . 60b Division of pension in charge of 11 Duties of 11, 156, 162, 218, 280 Execution of documents, imperfect to 409 Keep record of official character and signature of officers 11 Official character, notaries and justices, calls for, on 405-407 Oral arguments before, by attorneys, not permitted 395 Original applications from, to Record Division 55a Public acts promulgated by 278 Reference of special acts to 275 Reference to, claims probability of fraud in 222 Reports of special examiners as to fraud, to 223 Return of papers through 319 Status of attorneys obtained from 347 Validity and sufficiency of declarations passed upon by 11, 55a, 60a Leaves of absence, laws and rules governing 415 L^ality, marriage accordii^ to locality 454 Legislation, prospective, or proposed, report on by Law Division 11 Legitimacy, children born prior to marriage 460 Length of service: Act of May 11, 1912, deductions : 72 Time in hospital or absence account self-inflicted wound to be deducted. . 72 Letters: Alleging fraud, to Law Division 43b Circular, not to be used in corresponding with departments 294 Form of, advising claimant as to action ,. 139, 140 Guardianship, not called for in adjudicating divisions 261 Instructions in special investigations prepared with carbon 50 Official, general form of 303 Official, spacing of 303 Rejection, form used when applicant not reached beneficial age 92 Litrary, history of organization from, in identity cases for special examination. 220 Limbs, artificial, applications for, where filed - 511 Limit, time for appeal, 30 days in contested claims 242 Limitation, as to disloyalty, removal of 443 1 50 INDEX. Line of duty: Section. Definition of 434 Presumption of 136 Record of treatment of injuries in service not sufficient to show 441 Locality, legality of marriage according to 454 Loitering, prohibited 23 Lost certificates, reissues in lieu of 273, 274 Lost checks, correspondence as to, to be in name disbursing clerk 296 Loyal States, date of enlistments in 74 Lunches, refuse from, disposition of 34 Lunch hour 22 M. Machines, typewriting: To be reported to Mail and Supplies Division 46a Transfer of 46b Mail: Foreign, to Mail and Supplies Division for postage 308 Registered, name of county to be given in address 302 Valuable, addresses care another person not accepted 216b Mail and Supplies Division: Calls for marriage circular thereon, on Form 3-416 43c Duties of 19, 43a, 44, 46 To receive and stam.p all papers 59b Mailing check, when constitutes payment 497, 498 Maine, battleship, pension account destruction of, not to commence prior to February 16, 1899. 134 Marital history, claimant's statement before special examiner to include 221 Marriage: Children born prior to, legitimate if acknowledged by father 460 Date of, in claims act of June 27, 1890, and April 19, 1908 462 Divorce, guardianship, and, under charge of Law Division 11 Evidence, order of value 453 L^ality of, according to locality 454 Prior, proof as to 456 Proof of 453 Question of, by whom determined 239 Subsequent to March 3, 1899 458 Widows, colored, and Indian soldiers, section 4705, Revised Statutes 455 Widows prior to June 27, 1890 462 Marriage circular, calls for, on Mail and Supplies Division on Form 3^16 43c Maximum, rate, medical examination not to be ordered if 64c Meaning, "construed " as used in section 4701, Revised Statutes 77 Medical Division: Duties of 10,155b Orders medical examinations issued in 61b, 63b Medical: Evidence — Required in disability claims, act May 11, 1912 96 Required in disability from disease 437 Testimony — In applications for renewal and increase 64d Required in certain cases before ordering examination 64f Required in increase claims if pensioner receiving $17 to $24 64h To be considered by medical referee before ordering examination 64g INDEX. 151 Section. Medical examination 61 Care observed not to order, unless required 61c Civil surgeons 61g Date of, to be given in index sheets 219 Disability — Act May 11, 1912 95,98 When not necessarily permanent, to be noted for another 61o Home examination, order canceled if claimant dies before 61h Inability to report before board 61m In claims for increase 64b Not ordered if maximum rate 64c Not to be made by medical referee or bureau surgeon 61d Notice of, and calls for evidence, not to be sent to disqualified attorneys. . 365 Order for, reopens rejected claim for increase 64k Order not to issue for new disability until legally approved 61f Orders for, in Medical Division 61b Orders for, in rejected cases 611 Orders for, not to be issued in certain cases 97 Rejected certificates of, not to be filed in brief 61n Report War or Navy Department obtained before ordering 61a Second, order for, before different board 61c Test examination 61i To cover all disabilities found 61k Medical questions, instructions for special examination > f, by medical referee. . . 61j Medical referee: Action on face brief in reopening rejected cases 183, 184 Consideration of medical testimony by, before medical examination ordered 64g Correspondence with examining surgeons to be in name of 296 Duties of 10, 155b, 218 Instructions for special examination of medical questions by 61j Or bureau surgeon, medical examination not to be made by 61d Question as to ratable disability, to 63c Ratable degree of disability determined by, in invalid cases before special examination 224 When claims under sections 4692 and 4693, Revised Statutes, to be re- ferred to 142 Medical survey, not open to inspection 288 Member of Congress: Name on face brief ■ 179, 183c Notification of action only in cases called up by 290 Notified rejection if still in office and claim called up by 234 Prompt answer required in calls by 289 Soliciting assistance of, by attorneys subject to disbarment 360, 361 Memorandum to be kept, if claimant act May 11, 1912, not entitled within three months :-■ 90t) Merit, promotions based on, onlyi 33 Messages, private, use of telephone for, prohibited 38 Messengers: Distribution of ^^ Duties of ^2 Mexican War: Briefing of claims account of - 210 Service pensions, provisions of law relative thereto 424, 426 152 rNDEX. Section. Military and medical history, invalid claims 63a Military or naval home, correspondence addressed official head 312 Minor, and helpless children, increase for, not to be allowed in special acts of widows unless provided for 65 Minor brothers and sisters, dependent, proof required 477 Minor children: Briefing claims for 204 Order of value of evidence , 459 Minors: By former wife, increase account thereof, payable to widow 461 Claim of, prosecuted by next friend, or guardian 467 Payment only to guardian 467 Title if abandoned by widow or her name dropped account of adulterous cohabitation 466 Title of, under act of May 9 , 1900 466 Title under act of June 27, 1890 466 Title under sections 4702 and 4703 , Revised Statutes, general law 465 Misstatement of age, refundment account of 152, 153 Mistake of fact, recovery on account of 154, 488 Money, solicitation of, from employees prohibited 40 Money orders or drafts, refundments and recoveries to be by 149 Monthly reports, chiefs of division to make 53a Mothers: Dependent, requirements in claims of 471-475 Service of former husbands must be shown 229, 329 Motion, reconsideration in appeals 251 Motions to reconsider rulings and decisions of Law Division not to be enter- tained 396 Muster out, declaration, if executed on date of 58 Mutilated jackets to be replaced by new 317 N. Name: Change in, claim to be referred to Record Division 327 . Commissioner, correspondence to be conducted in 296 County, to be given in address, registered mail 302 Guardian, to appear on face brief 262 Vessel, to be given in certificates in Navy cases 266 Names: And addresses of comrades 320 Dropped from roll upon approval Secretary 155 Pensioners, certified copies to be furnished 507 Subagents and correspondents, attorneys required to state all 371 Naval or miUtary home, correspondence, addressed official head 312 Navy: Allowances, 10 and 20 years' service 451 Cases, certificates in, to contain name of vessel 266 Service in, Civil War, when considered 7g Navy Department: Report obtained in Navy cases before ordering medical examination 61a Reports from gg^^ Neatness and order observed regarding desks 24 Neglect, prosecution of claim for one year held as abandonment by attorney 380 INDEX. 153 New disability: Section. In increase claims, not alleged of service origin, ignored . . . « 66 Requirements as to, in declaration 59a When not considered. 66, 67 Newspapers and books, reading of prohibited 23 Next friend, minors, prosecution of claim by 467 Ninety days, allowed attorney in rejected cases to ask for reconsideration 382 No disability, rejection, if not ratable 63e Notaries and justices 405-408 Calls for information as to official character of officers to be on Law Division . 407 Certificates of official character of officer covering date execution only, not to be detached 406 Certificates of official character to Law Division 405 Notation: Benefits, act of March 2, 1895, on brief, when given 64i, 64j Death to be made in ending original claims 56 Disability, when not permanent, for further medical examination 61o Notice: Appeal- Consideration in bureau after 259 To all parties in interest 242 Before dropping suspension, requirements as to 485-487 Decision, appeal, claim for division of pension 252-256 Of issue, given to claimant only when fee allowed 269 30 days', to be given attorneys dropped on account of laches 379 To attorney of action of rejection 382 Notification : Claimant and attorney, in rejected claims 233 Members of Congress of action only in cases called up by 290 Rejection, Members of Congress still in office and called up by shall be ad- vised .' 234 Nurse, service of husband, if any, required 329 Nurses, Army, Act of August 5, 1892 484 O. Oath, judicial officers using a seal not to be under 505 Oaths, rural free-delivery carriers not authorized to administer for general pur- poses 408 Office parlance, expressions used in, not allowed in official correspondence 292 Officers: Certificate required as to erasures and interlineations 503 Certificate required as to credibility of witnesses 502 Commissioned, in service, certificate accepted 436 Correspondence with consular, to be through State Department 313 Judicial using a seal not to be under oath 505 Record of official character and signature kept by Law Division 11 Under general-law rates for 414 United States, prohibited from acting as attorneys 359, 404 Official calls, all evidence required to be included in 304 Official: Character, notaries and justices, calls for on Law Division 407 Communications 49-57 From bureau initialed personally by author 300 Of special examiners to be addressed to commissioner 39 154 INDEX. Official — Continued. Section. Expressions used in "oflSce parlance' ' not to be used in correspondence. . .. 292 Inquiries addressed to employees, referred to proper 295 Officials, soliciting assistance of, by attorneys subject to disbarment 360, 361 Order: Medical examination — Not to issue if maximum rate 64c Not to issue in certain cases 97 Not to issue new disability until legally approved 61f Not to issue unless required 61e To be issued in Medical Division 61b Regular, claims not taken out upon request of attorney, except for good cause. 373 Second medical examination, before different board 61c Order of value: Evidence as to marriage 453 Evidence, minor children 459 Organization of bureau 2-8 Origin: Evidence as to, if testimony of siu-geon or officer not available 438 New disability in claims for increase, not alleged of service to be ignored ... 66 Rejection, if claimant unable to fuTnish evidence of 63f Rejection, if disability not of service 63b Original: Claims pending, death in, to be noted 56 When certificates classed as 68 al, all Original invalid claims: Briefing of 189-193 Practice in 63 Original of papers filed, return of by Law Division 11 Other service: Declaration of applicant aato I47 Widow not required to show, if husband a pensioner 148 Outside parties, discussion of business of bureau with, forbidden 32 Overpayment, payment of accrued pension not to be made in cases of 154 P. Papers: Arrangement of, in briefing claims in different classes of cases 170-214 Copies of 506-508 Inspection of 284-288 Official- Entrusted to employees only 30 Prom office of Secretary, not to be given out by subordinates 29 Return of 3ig By special examiner, case death claimant 230 Parents, dependent: Present dependence only, section 4707, Revised Statutes, as amended by act June 27, 1890 479 Rank governs rate 48q Parlance, office, expressions used in, not allowed in official correspondence 292 Parties, all in interest to be notified of appeal 242 INDEX. 155 Payment: Accrued pension— Section. Act of March 2, 1895, relative to 494 Not to be made in cases of overpayment 154 Date disability ceased to govern in dropping cases 155b Guardianship cases, to be made to guardian 263 Insane or imprisoned invalid pensioner, to wife 49?' Minors, only to guardian 467 Salaries of employees 36 Widow as guardian, none if dropped from roll under act of August 7, 1882 . . 265 When mailing check 'constitutes 497,498 Payments: Calls relative to, to be made on Finance Division 163 First, $500 or more, to commissioner , 5 Penalty envelope not to be furnished 43a Pending claims: Count of 330-343 Definition of 331 Original, death in, to be noted 56 Pension: Accrued 156-162 Not allowable in cases of overpayment 154 Reference of application for 156 Appeals in, and bounty land, practice in 240-257b Commencement of, account destruction battleship Maine 134 Division of — Action in Law Division on appeals 260 Appeals, notice of decision 252-256 Pensionable service, drafted men, commencement of, act of May 11, 1912 79 Pensioners: Addressee of, correspondence as to. 296 Deaths of, reported to Finance Division 54d Election, when entitled to 144 Names of, certified copies to be furnished 507 Widow not required to show other service if soldier was 148 Pension laws, certified copies of all, to be filed in Law Division 278 Permission to examine certificates of disability 288 Permits: Cases in field for special examination 225 To draw pension issued by Certificate Division 16 Personal visits during oflSce hours prohibited 25 Personnel: Board of Review, determined by commissioner 9 Bureau under charge of chief clerk. 6 Photostats - 319 Physician: AflBdavit of, to be in handwriting of witness 504 Testimony of each, required as to continuance of disability 439 Postage: Amount attorney may receive 393, 516 Foreign mail to Mail and Supplies Division for 308 Returned if inclosed , • 315 156 INDEX. Postmasters, fourth-class, not authorized to administer oaths for general pur- poses 408 Post-office addresses: Change of 18 Pensioners, charges for furnishing 508 To include street and number, post-office box, or rural free-delivery route. 216 Witnesses, including street and number, to be given 501 Postoffice, money-orders or drafts, refundments and recoveries tobeby 149 Power of attorney: Attorney not recognized except upon 357 Claimant's right to revoke 383 Not recognized except signed by claimant in presence of two witnesses. . . 358 Practice: Abandoned claims 236, 237 Original invalid claims 63 Pension and bounty-land appeals 240-257b Press, information for 28 Presumption: Of death, act of Mar. 13, 1896 463 Prior soundness, act of Mar. 3, 1895 440 Prima facie, statement "no other service," in declaraction, to be accepted as.. 'l47 Prior: Husband, if any, service of, in widows' claims, reference of to Record Division 328 Marriage, proof as to 456 Prior soundness, presumed, act of Mar. 3, 1895 440 Private: Institutions, calls for information from, if fee, required 310 Messages, use of telephone, prohibited 38 Promotions, based upon merit only 33 Prompt: Action, in cases recalled, from Congress 280 Answers required in congressional calls 289 Answers required to inquiries for status 291 Proof: Of disability required if no record of 433 Of marriage 453 Prosecution: By claimant in person 4jg Minors' claim by "next friend" or guardian 467 Neglect for one year, attorney held to have abandoned claim 380 Witnesses to state interest in ^^ Public acts, certified copies by chief clerk to Law Division for filing 278 R. Rank, governs rate, dependent parents 4g0 Ratable, disability: Invalid claims, not to be referred for special examination unless shown ... 224 Question of, to medical referee g3„ Rejection on account of no, and new disability alleged 611 INDEX. 157 Rate: Section. Automatic, to be shown 80 Form of approval in case applicant receiving higher rate under other laws. 138 (Joverned by rank, dependent parents 480 Greater under other laws, claim to be rejected (act May 11, 1912) 87 Maximum, if claimant in receipt of, medical examination not to be ordered . 64c Officers under general law , 414 Raters' section in Certificate Division 16 Kates: Tables of 410-413 Under act May 11, 1912 446 Reading, books and newspapers prohibited 23 Receipt, date of, not required to be given in official communications from bureau 301 Recognition: Attorney, only upon power of attorney 357 Of attorneys 344, 346 Power of attorney, not unless signed by claimant in presence two witnesses. 358 Reconsideration : Claim for, 90 days allowed attorney in which to file 382 Motion for, in appeals 251 Rulings and decisions of Law Division, motion for, not to be entertained. . 396 Record: Calls for, on filing application 431 Injuries, treatment in service not sufficient to show line of duty 441 Origin, if none, proof required 433 Record Division: Chief of, to sign call slips where no claim on file 326 Connected claims, cross reference of, by 328, 329 Duties of - 15, 55a Duties of, with reference to indefinite declarations 60b Names and addresses of comrades furnished by 320 Reference of claim to, if any change in name or service 327 Recording declaration under proper law 52 Records: Bureau, copies of, when furnished and charges for 506 War Department, additional call required if report prior to 1889 432 Recoupment 487 Recoveries and refundments, required to be by drafts or post-office money orders • '-^^ Recovery: Account of fraud or mistake of fact 488 When to be made by special examiner 151 Recovery and refundment 149-154 Reference: By Secretary of correspondence entails reply through his office 306 Claims for reimbursement 162 Claims under sections 4692 and 4693, Revised Statutes, to medical referee. . 142 Communications "* Fraud, probability of, to Law Division 222 Inquiries addressed to employees, to proper official 295 Special acts to Law Division 275 Special examination, invalid claims, ratable disability shown before 224 158 INDEX. Befundment: Section. Attorney's fee erroneously certified 402 When age misstated 152, 163 Refundments: Deposited with Treasurer of United States and auditor advised 150 Forwarded to Finance Division 150 Transmission to commissioner 149 Refundments and recoveries, required to be by drafts or post-office money orders 149 Refuse from lunches, disposition of 34 Registered mail, name of county to be given in address 302 Regular establishment: Definition of 135 Service when considered in Civil War 75 Regular order, claims not to be taken out of, upon request of attorney, except for good cause 373 Reimbursement : Amount received from different States and District of Columbia to be deducted in claims for 157 Bills of expenses last sickness and burial 495 Claims for (act Mar. 2, 1895) to Army and Navy Division 13, 55c Death of pensioner, case to Finance Division to drop 162 Expenses last sickness and burial 495 Expenses of attorney, when allowed from claimant 377 Reference of claims for 162 Reimbxu-sement and accrued pension 156-162; 494-496 Reissue: Certificates, increase under act March 2, 1895, noted on 274 Certificates when called 68al, all In lieu of lost certificates 273,274 Rejected: Claim to be — When claimant unable to furnish evidence of origin 63f When no disability exists 63e Claims. 233, 235 Date birth to be noted on face-brief in certain cases 88 Evidence in, to be disposed of by face-brief action 318 Examination of surgeons' certificates not permitted in, after three months 287 Reopening of, disability, act May 11, 1912 99 Under act of May 11, 1912, if pensioned equal or greater rate under other laws gy 93 Increase, order for medical examination reopens 64k Rejected certificates, medical examination, not to be filed in brief 61n Rejection: Account of age, pensioner to be advised as to future rights 91c Claimant and attorney to be notified 233 Death of claimant, no one to complete j61 Form used when applicant not reached beneficial age 92 Increase, if no examination and applicant dies 641 Letter of, to contain date birth. In certain cases 88 Members of Congress still in office to be notified, if claim called up by 234 Ninety days allowed attorney to file for reconsideration 382 When account no ratable disability and new disability alleged , . , , , 611 INDEX. 159. Section. Relatives, dependent, title of under section 4707, Revised Statutes , 470 Remarried widows, renewal act of March 3, 1901 483 Renewal: Act of March 3, 1901, remarried widows 483 Declaration failure to claim 482 Widows, section 4708 Revised Statutes, requirements as to 483 Renewal and increase: Medical testimony in claims for 64d Under sections 4692 and 4693, Revised Statutes 143 Renewal and restoration, section 4719 Revised Statutes, failure to claim 450 Reopened, rejected increase claims, if another medical examination ordered. . 64k Reopening: Act of May 11, 1912, when claimant elects 93 Briefing and action in. 183-185 Change La practice as to pensionable service, not to result in, in claims pre- viously adjudicated 78 If allowance results in, reopening another claim previously rejected, sub- mission to commissioner 215 Name of Member of Congress on face-brief 183c Eejected disability claims, act of May 11, 1912 99 Report: Biennial, of guardian required 264 Death of employees to be made 45 Meritorious claims to Congress, act of May 29, 1830 281 Typewriting machines, to Mail and Supplies Division 46a War or Navy Department to be obtained before ordering medical examina- tion 61a Reports: Chiefs of division to make daily and monthly 53 Special examiners — As to fraud, to Law Division 223 In criminal cases, and confidential communications, not to be in- spected 284 Request, attorney "that claim be taken out of regular order not considered except for good cause 373 Requests: Blank applications, to chief clerk 55d Special examination — By whom made 218a, b To be approved by commissioner 218c Requisitions on Treasurer of United States made in Finance Division 17 Resolution, joint, trf May 29, 1830 281 Restoration and reissue, briefing of claims 197 Restoration and renewal, section 4719, Revised Statutes, faitoe to claim 450 Retired, no pension for service in Coast Guard while on list 13 Return: Communications without sufficient date 43a Completed claims, special examiner to 228 Papers by special examiner, case death claimant 230 Postage stamps, if inclosed 315 Revocation, power of attorney, by claimant 383 Revolution, War of , pensions account of 419 76704°— 15 11 160 INDEX. Right: Section. Future, pensioner to be advised of, when claim rejected account age 91c Of election 67b Pensioner receiving same rate under another law 93 Vested, pension, act of December 21, 1893 485 Rules: Governing leaves of absence 415 Governing special claims 282 Rural free delivery carriers not authorized to administer oaths for general pur- 408 S. Schedule: Payment of pensions, made in Finance Division 17 Transfer of attorneys required 852 Seal, judicial officers using, not to be put under oath 505 Secretary: Correspondence received by reference of, reply through his office 306 Decision of, in appeals, copy mailed party in interest 257b Names dropped from roll upon approval of 155 Official papers from, not to be given out by subordinates 29 Regulations prescribed by, payment to inmates Government Hospital for the Insane 489 Section 4617, Revised Statutes, amended July 1, 1902 443 Section 4693, Revised Statutes, declarations, all disabilities contracted in serv- ice to be named therein 429 Section 4693, Revised Statutes, declarations, signature to be witnessed by two persons 430 Section 4701, Revised Statutes: Act of May 11, 1912, not to reopen claims adjudicated prior to change in practice 78 Application of, to claims under act of May 11, 1912 77 Meaning of "construed" as used therein 77 Section 4705, Revised Statutes, marriage, in claims widows, colored and Indian soldiers 455 Section 4706, Revised Statutes, suspension of widow, minor's title 465, 466 Section 4707, Revised Statutes: Amended by act of June 27, 1890, as to dependent parents 479 Dependent parents, present dependence only required, amendment by act of June 27, 1890. 479 Title of dependent relatives under 470 Section 4708, Revised Statutes, amended by act of March 3, 1901, remarried widows 483 Section 4715, Revised Statutes, act of March 3, 1901, applies thereunder 67a Section 4716, Revised Statutes, disloyalty, limitation as to, removed by joint resolution of July 1, 1902 443 Section 4719, Revised Statutes: Declaration, requirements as to, in claims for restoration 482 Restoration and renewal, failure to claim 450 Sections 4692 and 4693, Revised Statutes:. Declarations thereunder 428-430 Rate, notice, and proper action, certain cases 139-142 INDEX. 161 Sectioiis 4702 and 4703, Revised Statutes: section. Minors, title thereunder, general law 465 Rate and notice under 139-140 Title of widows, general law 452 Sections 4756 and 4757, Revised Statutes, allowances account 10 and 20 years' naval service 451 Service: Any change in, claim to be referred to Record Division 327 Certificate as to, State of Texas,. Indian wars 130 Civil War, act of February 6, 1907 : 444 Clearance, establishment of 332 Disability incurred in, act of May 11, 1912 446 Former husbands, if any, must be shown, widows' claims 229 Husband, if any, required in claim of mother or nurse 229, 329 Length of, act of May 11, 1912, deductions 72 Navy- Civil War, when to be considered 76 Ten and twenty years' 451 No pension, members Coast Guard, while in active 13 Origin, new disability in claims for increase, not alleged of, to be ignored . . 66 Other- Declaration of applicant as to 147 Widow not required to show, if soldier a pensioner 148 Pensionable, drafted men, commencement of, act of May 11, 1912 79 Prior husband, if any, in widows' claims 328 Prior soundness presumed, act of March 8, 1895 440 Regular establishment, Civil War, when not considered in 75 Time in hospital or otherwise absent account of self-inflicted wound to be deducted 72 To appear in addresses to inmates Soldiers' Home 299 Treatment of injuries in, not sufficient to show line of duty 441 Service pensions: Indian wars ' 421^23 Mexican War, provisions of law relative thereto 424-426 War of 1812 420 War of the Revolution 419 Sickness, last, and burial, reimbursement for expenses 495 Signature: Commissioner — By means of stamp 51 Facsimile, stamped in division 316a Declarations, under section 4693, Revised Statutes, to be witnessed by two persons 430 Tracing of, in cases of identity 322 Sisters and brothers, minor, dependent, proof required 477 Slip, separate, required ia each case transfer of attorneys 351 Slips: Call, for cases, requirements as to 323,324 Transfer, referred to Law Division 394 Smoking prohibited • 35 Soldiers, colored and Indian, widows, marriage, section 4705, Revised Statutes. 455 Soldiers' Home, inmates of, service to appear in addresses 299 162 INDEX. Soliciting: SeeHon. Attorneys of assistance, Members of Congress and other officials subject to disbarment 380. 361 Money from employees for political purposes proMbited 40 Spacing of official letters 303 Special: Case to be treated as, if error in certificate 271 Claims not to be called for as 342 Special acts 275-277,279 Copies to be made by chief clerk 275 Declaration required in, if no claim on file 279 Reference of, to Law Division 11, 275 Widows, increase minor and helpless children not allowed unless provided for 65 Special claims, rules governing 282, 283 Special examination 218-232 Cases in field for, permits in 225 Claimant's statement in invalids' or survivors' claims 221 Claim under subsequent act to be completed if earlier claim in field 227 Identity cases 220 Invalid claims, not to be referred unless ratable degree disability shown. . 224 Medical questions, instructions, by medical referee 61j Original claim in field subsequent claim forwarded for consolidation 226 Requests for — By whom made 218 To be approved by commissioner 218c Special Examination Division: Correspondence with foreign countries to be through, if expense involved . 314 Duties of 12 Special examiners: Official communications of, addressed commissioner 39 Reports cf — As to fraud, to Law Division 223' In criminal cases, and confidential communications, not to be inspected 284 Subpoena of 57 To return completed claims 228 To return papers in case of death claimant 230 When recovery to be made by 151 Special investigations, letter instructions with carbon 50 Stamp, signature of commissioner 51^ 316b Stamping of commissioner's facsimile signature in division , 316a Stamps, postage, to be returned, if inclosed 315 State agents, advised as.ta calls 403 State Department, correspondence with consular officers to be through 313 State, Texas, certificate as to, Indian wars 130 Statement, claimant, in invalids' or survivors' claims, special examination 221 States, loyal, enlistments in 74 Status: Attorney — Not affected by change of guardian 374 To be obtained from Law Division 347 Inquiries for, prompt answers required ja 289 291 Street and number to be included in post-office addresses of witnesses 501 INDEX. 163 Section. Street and number, post-office box, or rural free-delivery route, addresses to include 216* Subagenta, attorneys required to state names of all 371 Submission, increase claims to board of review 64a Subordinates, official papers from Secretary, not to be given out by 29 Subpoena, special examiners "-.-.- 57 Subsequent act, claim under, to be completed if earlier claim in field 227 Sufficiency declarations passed upon by^Law Division 60a Superfluous force must be reported to chief clerk 23 Supervision: Chief clerk, divisions under ,.,„ 4 ■, .Commissioner, divisions under. 2 Deputy commissioner, divisions under 3 Supplies, issuance of 19,44' Siugeon: Affidavit of, to be in handwriting of witness 504 Civil, medical examinations by, 61g Surgeons, examining: Certificates — Copying of, prohibited 285c Inspection of, not permitted in admitted cases 286 Inspection of, not permitted in rejected cases after three months 287 Persons permitted to examine 285b Correspondence with, in name medical referee 296 Surgeons, examination: Inspection certificates of 286 Testimony of ^^ Survivors, Indian Wars, increased to $20 per month, act of February 19, 1913. 131 Suspended attorney entitled to fee in claims completed prior to suspension. . . 362 Suspension notice, requirements as to 485, 486 T. Table, attorneys' fees allowed by law 513 Tables, rates • 410-413 Tardiness, to be charged. 22 Telephone, use, prohibited private messages 38 Ten years' service in Navy 451 Test, medical examinations ^^* Testimony: All details to be given by witnesses, in 502 And creditabUity, of witnesses 321 62 Exammmg surgeons Medical — In applications for renewal, increase claims 64d Required in certain cases before medical examination ordered. .... 64f, 64h To be considered by medical referee before ordering medical examina- tion -- ^S To contain all details by witnesses , ^^ Allowed attorney in rejected cases to file claim for reconsideration 382 Appeal, one year ■ Contested claims, limited 30 days for appeal ^^^ Furlough, not to be deducted if returned from • 72 Within which evidence called for must be furnished 379 164 INDEX. Title: Section. Attoraeyfl, not to contain initials "TJ. S." or words "United States". 401 Fee- Attorney, not considered after one year from date of issue 370 Case attorneys' suspension, in claims completed prior to 362 Mioors — If widow dropped account adulterous ■ cohabitation, or abandoned by her ...^ 466 Under act of June 27, 1890 466 Under act of May 9, 1900 466 Under sections 4702 and 4703, Revised Statutes, general law 465 Widows, under sections 4702 and 4703, Revised Statutes, general law 452 Tracing signature in cases identity 322 Transfer: Attorneys — In cases deceased claimants 355 Schedule of, required 352 Separate slip required in each case 351 Written consent of claimant required in 354 Attorneyship, acknowledged under oath 350 By attorney prohibited unless in good standing 356 Consent of attorney required in 349 Slips, referred to Law Division 394 Typewriting machines 46b Treasurer of United States, refundments to be deposited with 150 Treatment, injuries in service, record of, not sufficient to show line of duty 441 Twenty years' service in Navy 451 Two: Claims or more involved in appeals 251 Or more disabilities, disposition of claims for 145-146 Witnesses, to signature in declarations under section 4693 , Revised Statutes . 430 Typewriting machines: To be reported to Mail and Supplies Division 46a Transfer of 46b U. Underscoring, erasures, and interlineations not allowed in correspondence 294 "United States," not to be used by attorneys in title 401 United States Military or Naval Home, correspondence, to be addressed to official head 312 United States officers, prohibited from acting as attorneys 359 United States Treasurer, refundments to be deposited with 150 "U. S.," not to be used by attorneys in title .- , 401 Use, expressions used in ' ' office parlance " prohibited in official correspondence . 292 V. Validity declarations: To be passed upon by Law Division 11, 60a U. S. S. Maine ' 134 Valuable, mall, addressed care another person not accepted 216b Value, order of: Evidence as to dates of birth children 459 In evidence of marriage 453 Vtintilation 42 INDEX. 165 .. .„ ^ Section, venncation, presence or absence comrades, case not returned on review for, if testimony before special examiner ._ 231 Vessel, name, to be given in certificates in Navy cases 266 Vested right, pension, act of December 21, 1893 485 Violation, law, communications alleging, to Law Division 54a Visitors: Entertaining of, prohibited in court and corridors 23 Parts of building open to 27 Visits, personal, during office hours prohibited 26 Volunteer, organization. Civil War, date of enUstment in 73 Vouchers, preparation of, in Finance Division 17 W War Department: Additional call required if report prior to 1889 432 Report from, before ordering medical examination 61a Reports from 68b War of 1812, service pensions account of, act of March 9, 1878 420 War of Revohxtion, pensions account of 419 War with Mexico, service pensions, provisions of law relative thereto 424-^26 Ward, claim of, when prosecuted by guardian as attorney, fee not allowed 369 Warrants: Bounty land 132,133 Attorney to be notified of issue 133b Delivered personally or by registered mail 132a Delivery to claimant only ~ 132b Receipts required for delivery 133a Wars, Indian, service pensions account of 421-423 Waste baskets not to be used as receptacles for refuse from lunches 34 Widow: Claims, briefing of 1 98-200 Claims under act of April 19, 1908 — Briefing of 202 Proof in 463 Date of marriage in claims, acta of June 27, 1890, and April 19, 1908 462 Declarations under act of June 27, 1890, to be accepted as under act of April 19, 1908 60c Dropped account adulterous cohabitation, title of miaors 466 Guardian, no payment if dropped from roll under act of August, 7, 1882. . . 265 Increase account minors of former wife payable to 461 Marriage — Prior to June 27, 1890 462 Section 4705, Revised Statutes, colored and Indian soldiers 455 Minor completing, briefing of 201 Other service, not required to show, if soldier a pensioner 148 Provisions of act of — June 27, 1890, as to 462 May 9, 1900 462 Remarried, renewal act of March 3, 1901 483 Service, former husbands, if any 229, 328 Special acts, increase for minor and helpless children not to be allowed unless provided for - 65 Title of, under sections 4702 and 4703, Revised Statutes, general law 452 Under acts of June 27, 1890, and April 19, 1908, joint resolution July ] , 1902, applicable to 101,464 166 INDEX. Wife: Section. Insane or imprisoned invalid pensioner, payment to 493 Minors of former, increase account thereof payable to widow 461 Windows, to be opened by messengers 42 Withholding: Fee of attorney, if articles of agreement defective 397 Willful, of evidence, by attorney, to be reported to Secretary 375 Witnesses: All details to be given by, in testimony 502 ■ Credibility of, to be certified by officer before whom executed 502 Post-office address, including street and number, to be given 501 Testimony and credibility of 321 To signature of applicant in declarations under section 4693, Revised Statutes " 130 To state whether interested in prosecution of claim 501 Writing, instructions by chiefs of division, to be in 47, 48 Written consent of claimant. req uired in transfer of attorneys 354 Work, hours of ..: 22 Wound, difiability from, nature of evidence required 435 Y. Year, birth, established, act May 11, 1912, allegation of claimant accepted ' as to day and month 91a o :5SEtJS: = £HS =! ■ ^^UtnlmlmMuMUtiu} i'i is i: c; c: : ■ ; . wmmmmmmtmrnvmrnm