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of the husband by a former wife shall be paid to her only for such period of her widowhood as she has been, or shall be, charged with the maintenance of such child or children; for any period during which she has not been, or she shall not be, so charged, it shall be granted and paid to the guardian of such child or children: Provided further, That & widow or guardian to whom increase of pension has been, or shall hereafter be, granted on account of minor children, shall not be deprived thereof by reason of their being maintained in whole or in part at the expense of a State or the public in any educational institution, or in any institution organized for the care of soldiers' orphans: Provided further, That the rate of pension for the widow 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 $50 a month: Provided further, That all provisions of this section shall apply to all pensions heretofore granted under any law, public or private.
Sec. 3. That the rate of pension for the former widow of any officer or enlisted man who served in the Army, Navy, or Marine Corps of the United States for ninety days or more during the Civil War and was honorably discharged from such service, or who, having so served for less than ninety days, was discharged for a disability incurred in the service and in line of duty, or who died in the service of a disability incurred in the service and in line of duty, such widow having married the officer or enlisted man prior to June 27, 1915, or if legally married after such date shall have subsequent to such marriage lived and cohabitated with such soldier, sailor, or marine for a period of at least two years and continuing until his death, and 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 or marriages has or have been dissolved, either by the death of the husband or husbands, or by divorce for any cause other than adultery on the part of the wife, shall be entitled to and be paid a pension ai the rate of $50 a month: Provided, That where a pension has been granted to an insane, idiotic, or otherwise helpless child, or to a child or children under the age of sixteen years, a widow or former widow shall not be entitled to pension under this Act until the 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 granting of pension to such widow or former widow, payment of pension to such child or children shall cease; and this proviso shall apply to all claims arising under this or any other Law.
Sec. 4. That the benefits of this Act shall be extended to and shall comprehend and include each and severally the classes of persons enumerated in the first, second, third, fourth, and fifth paragraphs of section 4693, Revised Statutes of the United States, who served during the Civil War, and also any person who is now or may hereafter become entitled to pension under the Acts of June 27, 1890, February 15,
1895, and the joint resolutions of July 1, 1902, and June 28, 1906, or the Acts of January e' 29, 1887, March 3, 1891, and February 17, 1897, on account of service during the Civil
War and the war with Mexico, and the widows and minor children of such persons: Provided. That service under this section shall be proven in the manner and form specified in section 2, Act of March 4, 1917, and the Act of September 1, 1922: Provided further, That from and after the passage of this Act the rate of pension to the soldiers of the various Indian wars and campaigns who are now on the pension roll, or who may hereaiter be placed thereon under the Acts of July 27, 1892, June 27, 1902, May 30, 1908, or under the Act of March 4, 1917, shall be $30 per month, and that the rate of pension to the widows of soldiers of the various Indian wars and campaigns who are now on the pension roll or who may hereafter be placed thereon under said Acts shall be $20 per month.
SEC. 5. That all Army nurses of the Civil War who have been, or who may hereafter be, allowed a pension under existing laws shall be entitled to and shall be paid a pension at the rate of $50 a month.
SEC. 6. That all persons now on the pension roll, and all persons hereafter granted a pension, who, while in the military or naval service of the United States, and in the line of duty, shall have lost one hand or one foot, or have been totally disabled in the same, shall receive a pension at the rate of $80 a month; and where there has been an excision or resection of any part of the bones of the forearm or any part of the bones of the leg below the tuberosity of the tibia, the rate of pension shall be $75 a month; that all persons who in like manner shall have lost an arm at or at any point above the elbow or a leg at or at any point above the knee, or have been totally disabled in the same, shall receive a pension at the rate of $85 a month; and where there has been an excision or resection of any part of the humerus or femur, or of the shoulder or hip joint, or where there is an ankylosis of either the elbow or knee or shoulder or hip joint. the rate of pension shall be $80 a month; that all persons who in like manner shall have lost one hand and one foot, or shall have lost one hand or one foot and in addition thereto shall have lost a portion of the other hand or foot, or shall have been totally disabled in the same, shall receive a pension at the rate of $100 a month; and where there has been an excision or resection of any part of the bones or joints of both of said arms or legs, the rate of pension shall be $90 a month; and that all persons who in like manner shall have lost both arms or both legs or have been totally disabled in the same, shall receive a pension at the rate of $125 a month; and where there has been an excision or resection of any part of the bones or of the joints of both of said arms or legs, the rate of pension shall be $100 a month; and it is hereby directed that the Secretary of the Interior shall cause to be reviewed, upon request of the pensioner, all cases wherein there is an excision or resection of any part of the bones of an arm or leg, shoulder or hip, or any of the joints, or an ankylosis of any of said joints, and shall place the name of the pensioner on the roll at the rates herein provided.
Sec. 7. That in the adjudication of claims for widows' pensions marriage of the parties and the legality thereof may be established by any competent testimony, and in the absence of direct proof of a ceremonial marriage, satisfactory evidence that the parties lived together as husband and wife and were so recognized by their neighbors and acquaintances until the death of the husband may be held to constitute sufficient proof of marriage; and cohabitation continuously for seven years or more may be accepted in lieu of proof that no impediment existed to the marriage of the parties. A widow, otherwise entitled to pension under this Act, may not be barred from being granted such pension for the reason that she failed to live and cohabit with the “soldier, sailor, officer, marine, marine officer, or other person continuously from the date of the marriage to the date of his death," unless it be shown that she willfully deserted such “soldier, sailor, officer, marine, marine officer, or other person” without good cause; and all provisions of law requiring such continuous cohabitation in any case are hereby repealed, except as provided in section 2 of this Act.
Sec. 8. That the pension or increase of pension herein provided 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 on the fourth day of the next month after the approval of this Act; and as to persons whose names 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 a 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; and the issue of a check in payment of a pension for which the execution and submission of a voucher was not required, shall constitute payment in the event of the death of the pensioner on or after the last day of the period covered by such check; and it shall not be canceled, but shall become an asset of the estate of the deceased pensioner.
SEC: 9. That nothing in this Act contained shall be held to affect or diminish the additional pension to those on the roll designated as “The Army and Navy Medal of Honor Roll," as provided in the Act of April 27, 1916, but any increase herein provided for shall be in addition thereto; and no pension heretofore granted under any Act, public or private, shall be reduced by anything contained in this Act.
Sec. 10. That no claim agent, attorney, or other person shall contract for, demand, receive, or retain a fee for services in preparing, presenting, or prosecuting claims for the increase of pension provided for in this Act; and no more than the sum of $10 shall be allowed for such services in other claims thereunder, which sum shall be payable only on the order of the Commissioner of Pensions; and any person who shall directly or indirectly otherwise contract for, demand, receive, or retain a fee for services in preparing, presenting, or prosecuting any claim under this Act, or shall wrongfully withhold from the pensioner or claimant the whole or any part of the 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 such offense, be fined not exceeding $500 or be imprisoned not exceeding one year, or both, in the discretion of the court.
Sec. 11. That all Acts and parts of Acts in conflict with or inconsistent with the provisions of this Act are hereby repealed.
F. H. GILLETT,
GEORGE A. SANDERSON, Secretary,
4th Session. S
7 No. 282.
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RATIFICATION OF ARMAMENT CONFERENCE TREATIES.
THE PRESIDENT OF THE UNITED STATES,
tute sufficient more may be of the parties ed from being h the soldier, che date of the
deserted such ut good cause ase are hereby
IN RESPONSE TO A RESOLUTION OF THE SENATE, NO. 381, OF DE.
3 to all person pension unde rth day of the es are not not isting law, but
pensions shall of Pensions in
the issue of a n of a voucher
the pensione all not be cat
JANUARY 3, 1923.—Read; referred to the Committee on Foreign Relations and
ordered to be printed.
To the Senate:
I diminish the Navy Medal of ase herein pivted under any Act. t for, demand.
ting claims in im of $10 shal all be payatke
shall direct for services in all wrongful nsion allowed Guilty of a mi
ch offense, be oth, in the dis
I transmit herewith a report by the Secretary of State in response to the resolution adopted by the Senate on December 11, 1922, questing him to furnish to the Senate "information showing to hat extent and by what nations the six treaties known as the mament Conference treaties, described in Senate Document 124, duty-seventh Congress, second session, have been ratified, and to kave the date of ratification in each case by each country.”
WARREN G. HARDING. THE WHITE HOUSE, January 3, 1923.
stent with the
e undersigned, the Secretary of State, has received from the ate a resolution adopted on December 11, 1922, reading as
f the Senate.
the Senate information show
. That the Secretary of State be, and he is hereby, requested to furnish
Information showing to what extent and by what nations the six treaties 3 the Armament Conference treaties, described in Senate Document 124,
th Congress, second session, have been ratified, and to give the date of Aulon in each case by each country.
Sixty-seventh Congress, sed
In reply the Secretary of State has the honor to report to the President, with a view to the transmission of the information to the Senate, if the President's judgment approve thereof, as follows:
The Department of State has been notified by the diplomatic missions of Great Britain and Japan at Washington that they had received the instruments of ratification by their Governments of all six of the treaties signed at the Washington Conference on the Limitation of Armament, and that they were prepared to deposit the ratifications with the Government of the United States in conformity with the provisions of the treaties in that regard; and by the Legation of China at Washington that it had received the ratifications by the Government of China of the two treaties to which that Government is a signatory—one relating to the treaties and policies to be followed in matters concerning China and the other relating to the Chinese customs tariff, and that that legation was also prepared to deposit the instruments of ratification. The date of the ratifications of Japan is stated to be August 5, 1922, and that of the ratifications of China April 29, 1922. The department is not informed of the date of the British instruments of ratification, but the information regarding the receipt of the instruments by the British Embassy and that embassy's readiness to deposit the ratifications was furnished to the department on August 24, 1922.
The Department of State is not informed that any of the treaties has been ratified by any of the other signatory powers. Respectfully submitted.
CHARLES E. HUGHES. DEPARTMENT OF STATE,
Washington, December 14, 1922.
ed the ratif es to which treaties and
d the other cion was also The date of 22, and that partment is
ratification, Dents by the it the ratif 1922. the treaties
IN RESPONSE TO A SENATE RESOLUTION OF
DECEMBER 12, 1922.-Referred to the Committee on
Agriculture and Forestry