Chapter 165. To revise and equalize rates of pension to certain soldiers, sailors, and marines of the Civil War and the War with Mexico, to certain widows, including widows of the War of 1812, former widows, dependent parents, and children of such soldiers, sailors, and marines, and to certain Army nurses, and g
1,904 words·~9 min read·
/statutes-at-large/vol-41/chapter-165-2505130·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 165.— An Act To revise and equalize rates of pension to certain soldiers, sailors, and marines of the Civil War and the War with Mexico, to certain widows, including widows of the War of 1812, former widows, dependent parents, and children of such soldiers, sailors, and marines, and to certain Army nurses, and granting pensions and increase of pensions in certain cases. May 1, 1920. [[H. R. 9369](/us/bill/66/hr/9369).] [[Public, No. 190](/us/pl/66/190).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That every person who servedPensions.Rate increased for Civil and Mexican War service. ninety days or more in the Army, Navy, or Marine Corps of the United States during the Civil War, and who has been honorably586Vol. 37, p. 113, amended.Vol. 40, p. 603, amended.discharged therefrom, or who, having so served less than ninety days, was discharged for a disability incurred in the service and in the line of duty, or is now upon the pension rolls as a Civil War veteran, and every person who served sixty days or more in the War with Mexico, or on the coasts or frontier thereof, or en route thereto, during the war with that nation, and was honorably discharged therefrom, and who is now in receipt of, or entitled to receive under existing law, a pension of less than $50 per month, shall, from and after the pasage of this Act, be entitled to and shall be paid a pension at the rate of $50 per month.
Sec. 2. Rate if helpless or blind, requiring attendance of another person. That every, person who served ninety days or more in the Army, Navy, or Marine Corps of the United States during the Civil War, and who has been honorably discharged therefrom, or who, having so served less than ninety days, was discharged for a disability incurred in the service and in the line of duty, or is now upon the pension rolls as a Civil War veteran, and every person who served sixty days or more in the War with Mexico, or on the coasts or frontier thereof, or en route thereto, during the war with that nation, and was honorably discharged therefrom, and who is now, or hereafter may become, by reason of age and physical or mental disabilities, helpless or blind, or so nearly helpless or blind as to require the regular personal aid and attendance of another person, shall be entitled to and shall be paid a pension at the rate of $72 per month.
Sec. 3. Specific disability of limbs. That from and after the approval of this Act all persons whose names are on the pension roll, and who, while in the service of the United States in the Army, Navy, or Marine Corps during the Civil War, and in the line of duty, shall have lost one hand or one foot or been totally disabled in the same, shall receive a pension at the rate of $60 per month; that all persons who, in such service and in like manner, shall have lost an arm at or above the elbow, or a leg at or above the knee, or been totally disabled in the same, shall receive a pension at the rate of $65 per month; that all persons who, in such service and in like manner, shall have lost an arm at the shoulder joint or a leg at the hip joint, or so near the shoulder or hip joint, or where the same is in such condition as to prevent the use of an artificial limb, shall receive a pension at the rate of $72 per month; and that all persons who, in such service and in like manner, shall have lost one hand and one foot, or been totally disabled in the same, shall receive a pension at the rate of $90 per month.
Sec. 4. Widows’ pensions.Rate increased for Civil War service, if married prior to June 27, 1905.Vol. 40, p. 408, amended. That the widow of any person who served in the Army, Navy, or Marine Corps of the United States during the Civil War for ninety days or more, and was honorably discharged from such service, or regardless of the length of service was discharged for or died in service of a disability incurred in the service and in the line of duty, such widow having been married to such soldier, sailor, or marine prior to the 27th day of June, anno Domini 1905, shall be entitled to Remarried widows on death, etc., of subsequent husband.and shall be paid a pension at the rate of $30 per month.
And this section shall apply to a former widow of any person who served for ninety days or more in the Army, Navy, or Marine Corps of the United States during the Civil War and was honorably discharged from such service, or who, having so served for less than ninety days was discharged for or died in service of a disability incurred in the service and m the line of duty, such widow having remarried, either once or more than once after the death of the soldier, sailor, or marine, if it be shown that such subsequent or successive marriage has, or have been dissolved, either by the death of the husband or husbands, or by divorce without fault on the part of the wife; and Allowance to children increased.[R.
S., sec. 4703, p. 916, amended.](/us/rs/s4703/p916).any such former widow shall be entitled to and be paid a pension at the rate of $30 per month; and any widow as mentioned in this section, shall also be paid $6 per month for each child of such officer or enlisted man under the age of sixteen years, and in case of the death587or remarriage of the widow leaving a child or children of such officer or enlisted man under the age of sixteen years, such pension shall be paid such child or children until the age of sixteen years: *Provided*,*Provisos*.Helpless minor child.
That in case a minor child is insane, idiotic, or otherwise mentally or physically helpless, the pension shall continue during the life of such child, or during the period of such disability, and this proviso shall apply to all pensions heretofore granted or hereafter to be granted under this or any former statute: *And provided further*, That in caseRenewal restricted, if .pension accrued to child, when dropped for remarriage. of any widow whose name has been dropped from the pension roll because of her remarriage, if the pension has been granted to an insane, idiotic, or otherwise helpless child, or to a child or children under the age of sixteen years, she shall not be entitled to renewal of pension under this Act until that pension to such child or children terminates, unless such child or children be a member or members of her family and cared for by her, and upon the renewal of pension to such widow, payment of pension to such child or children shall cease: *And provided further*, That the rate of pension for the widowRate increased for War of 1812 and Mexican War. of any person who served in the Army, Navy, or Marine Corps of the United States .in the War of 1812, or for sixty days or more in the War with Mexico, on the coasts or frontier thereof, or en route thereto, during the war with that nation, and was honorably discharged therefrom, shall be $30 per month.
Sec. 5. That all Army nurses of the Civil War and all dependentArmy nurses and dependent parents.Rate for Civil War service. parents of any officer or enlisted man who served in the Civil War whose names are now on the pension roll, or who are now entitled to pension under any existing law, shall be entitled to and shall be paid a pension at the rate of $30 per month. Sec. 6. That the pension or increase of pension herein providedCommencement of increases. for, as to all persons whose names are now on the pension roll, or who are now in receipt of a pension under existing law, shall commence at the rates herein provided, from the date of the approval of this Act, or under section 2 hereof, when the requisite condition is shown to exist after the approval of this Act; and as to persons whose namesFor new applicants. are not now on the pension roll, or who are not now in receipt of a pension under existing law, but who may be entitled to pension under the provisions of this Act, such pensions shall commence from the date of filing application therefor in the Bureau of Pensions in such form as may be prescribed by the Secretary of the Interior: *Provided*, That as to any former widow as mentioned in section 4*Proviso*.Remarried widows. hereof, who since the death of her soldier, sailor, or marine husband has remarried either once or more than once, and such subsequent or successive marriage has been dissolved, either by the death of the husband or husbands, or by divorce without fault on the part of the wife, and who filed her application for pension under the Act ofRate under former law.Vol. 39, p. 844.
September 8, 1916, her pension shall commence from the date when her original application was filed under that Act in the Bureau of Pensions, and shall be at the rate in that Act provided, with increase at the rate or rates subsequently provided for the widows of Civil War soldiers, sailors, and marines, and by this Act from the date orUnder this Act, etc. dates when any such subsequent Act or Acts took effect or may hereafter take effect, it being the intent and purpose to give to any such widow the same status as other widows of Civil War soldiers, sailors, and marines who have not remarried, and from the date of said Act of September 8, 1916.
Sec. 7. That nothing in this Act contained shall be held to affect orMedal of honor roll pensions not affected. diminish the additional pension to those on the roll designated as “The Army and Navy Medal of Honor Roll,” as provided in the ActVol. 39, p. 54. of April 27, 1916, but any increase herein provided for shall be in addition thereto; and no pension heretofore granted under any Act,No present pension reduced. public or private, shall be reduced by anything contained in this Act. 588 Sec. 8.
Restriction on paying attorneys. That no claim agent or attorney or other person shall be recognized in the adjustment of claims under this Act, except in claims for original pension, and in such cases no more than the sum of $10 shall be allowed for services in preparing, presenting, or prosecuting any such claim, which sum shall be payable only on the order Punishment for violations.of the Commissioner of Pensions; and any person who shall violate any of the provisions of this section, or shall wrongfully withhold from the pensioner or claimant the whole or any part of a pension allowed or due to such pensioner or claimant under this Act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall, for each and every offense, be fined not exceeding $500 or be imprisoned not exceeding one year, or both, in the discretion of the court.
Approved, May 1, 1920.