CHAP. CCLXIV. — An Act relating to Pensions. July 27, 1868. Precedence of pensions to de sons. Proviso. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the laws granting pensions to the hereinafter-mentioned dependent relatives of deceased persons leav- payments of ing neither widow or child entitled to pensions under existing laws, shall pendent relatives be so construed as to give precedence to such relatives in the following of deceased perorder, namely: First, mothers; secondly, fathers; thirdly, orphan brothers and sisters under sixteen years of age, who shall be pensioned jointly if there be more than one: Provided, That if, in any case, the said persons shall have left both father and mother who were dependent upon them, then on the death of the mother the father shall become entitled to a pension commencing from and after the death of the mother; and upon the death of the mother and father the dependent brothers and sisters under sixteen years of age shall jointly become entitled to such pension until they attain the age of sixteen years, respectively, commencing from and after the death of the party who, preceding them, would have been entitled to the same: And provided further, That no pension heretofore awarded shall be affected by anything herein contained. SEC. 2. And be it further enacted, That no person shall be entitled to a pension by reason of wounds received, or disease contracted, in the service of the United States, subsequently to the passage of this act, unless the person who was wounded or contracted disease was in the line of duty; and, if in the military service, was at the time actually in the field, or on the march, or at some post, fort, or garrison; or if in the naval service was at the time borne on the books of some ship, or other vessel of the United States, at sea or in harbor, actually in commission, or was on his way, by direction of competent authority, to the United States, or to some other vessel or naval station. Former pensions not affected hereby. Pensions to be granted for wounds received or diseases contracted only in line of duty, &c. of Repeal of parts 1838, ch. 56. Vol. v. p. 225. 1842, ch. 189, § 3. Vol. v. p. 521. The failure to SEC. 3. And be it further enacted, That so much of the acts approved April sixth, eighteen hundred and thirty-eight, and August twenty-third, eighteen hundred and forty-two, as requires that pensions remaining unclaimed for fourteen months after the same have become due, shall be adjusted at the office of the third auditor, is hereby repealed; and the failure of any pensioner to claim his or her pension for a period of three years after the same shall have become due, shall be deemed presumptive claim pension evidence that such pension has legally terminated by reason of the pen- to raise the presioner's death, remarriage, recovery from disability, or otherwise, and the sumption that pensioner's name shall be stricken from the rolls, subject to the right of pension has restoration to the same on a new application, with evidence satisfactorily nated, &c. legally termiaccounting for the failure to claim such pension. for three years widow entitled SEC. 4. And be it further enacted, That if any officer, soldier, seaman, or enlisted man has died since the fourth day of March, eighteen Children by hundred and sixty-one, or shall hereafter die, leaving a widow entitled to former wife of a pension, and a child or children under sixteen years of age by a former any soldier, &c. dying since wife, each of said children shall be entitled to receive two dollars per March 4, 1861, month, to commence from the death of their father and continue until and leaving they severally attain the age of sixteen years, to be paid to the guardian to a pension, to of such child or children for their use and benefit: Provided, however, have pension of That in all cases where such widow is charged with the care, custody, and $2 a month; maintenance of such child or children, the said sum of two dollars per to be paid to month for each of said children shall be paid to her for and during the widow, when, time she is, or may have been, so chargea with the care, custody, and maintenance of such child or children, subject to the same conditions, provisions, and limitations as if they were her own children by her said deceased husband. SEC. 5. And be it further enacted, That in all cases where an increased pension has been or may hereafter be granted to any widow or guardian of the children under sixteen years of age of a deceased soldier or sailor under an act entitled "An act increasing the pensions of widows, and for &c. Widow or guardian not to be deprived of increased pen sion under act of 1866, ch. 235, it child, &c. is inmate of any charitable insti tution. Vol. xiv. p. 230. Certain pensions when granted to com time. Applications other purposes," approved July twenty-fifth, eighteen hundred and sixtysix, or any subsequent act, such widow, or the guardian of such children, shall not be deprived of such increase by reason of any child or children of such deceased soldier or sailor being the inmate of any home, orphan's asylum, or other public or private charitable institution organized for the care and education of soldiers' orphans under the laws of any of the States, or in any school or institution where such orphan may in whole or in part be maintained or educated at the expense of a State, or of the public. SEC. 6. And be it further enacted, That all pensions which have been granted in consequence of death occurring or disease contracted, or mence from what wounds received, since the fourth day of March, eighteen hundred and sixty-one, or may hereafter be granted, shall commence from the discharge or from the death of the person on whose account the pension has been or shall hereafter be granted: Provided, That the application for such pension has been or shall hereafter be, filed with the Commissioner of Pensions within five years after the right thereto shall have accrued; except that applications by or in behalf of insane persons and children under sixteen years of age may be filed after the expiration of the said five years, if previously thereto they were without guardians or other proper legal representatives. therefor, when to be filed. Public notice to be given of contents of sec tion six. Arrears of pensions to be paid. Claim agents not entitled to fees for applying for arrears, &c. SEC. 7. And be it further enacted, That immediately upon the passage of this act, or as soon thereafter as may be practicable, it shall be the duty of the commissioner of pensions to give public notice of the contents of the foregoing section, particularly at the offices of the several pension agencies; and upon any application by letter or otherwise for or on behalf of any person entitled to the benefit of its provisions, or upon any notification that such person is so entitled, to pay or cause to be paid to him all such arrears of pensions as he may be entitled to under the provisions of the said section; and no claim agent or other person shall be entitled to receive any compensation for services in making application for the arrears of pension under this and the preceding section. SEC. 8. And be it further enacted, That section eleven of an act entitled Pensions not "An act supplementary to the several acts relating to pensions," approved to be allowed to widows aban- June six, eighteen hundred and sixty-six, be amended and re-enacted doning their so as to read as follows: "That if any officer, soldier, or seaman shall children, or being unsuitable have died of wounds received or of disease contracted in the line of duty persons to have in the military or naval service of the United States, leaving a widow charge of them. and a child or children under the age of sixteen years, and it shall be 1866, ch. 106, $11. duly certified under seal, by any court having probate jurisdiction, that Vol. xiv. p. 58. satisfactory evidence has been produced before such court that the widow aforesaid has abandoned the care of such child or children, or is an unsuitable person, by reason of immoral conduct, to have the custody of the same, or on presentation of satisfactory evidence thereof to the commissioner of pensions, then no pension shall be allowed to such widow until said child or children shall have severally become sixteen years of age, any previous enactment to the contrary notwithstanding; and the child or receive the pen- children aforesaid shall be pensioned in the same manner as if no widow had survived the said officer, soldier, or seaman, and such pension may be paid to the regularly authorized guardian of such child or children." Children to sions. When heirs of persons entitled to pensions may receive them. 1866, ch. 106, § Vol. xiv. p. 57. SEC. 9. And be it further enacted, That section six of an act entitled "An act supplementary to the several acts relating to pensions," approved June six, eighteen hundred and sixty-six, be, and the same is hereby, 6. amended and re-enacted, so as to read as follows: That if any person entitled to a pension has died since March fourth, eighteen hundred and sixty-one, or shall hereafter die while an application for such pension is pending, leaving no widow and no child under sixteen years of age, his or her heirs or legal representatives shall be entitled to receive the accrued pension to which the applicant would have been entitled had the certificate been issued before his or her death. The remar riage of a widow pension for the SEC. 10. And be it further enacted, That the remarriage of any widow or dependent mother, otherwise entitled to a pension prior to the applica- or dependent tion therefor, or to the issue of a pension certificate to her, shall not debar mother not to her right to a pension for the period elapsing from the death of her hus- deprive her of band or son, on account of whose services and death she may claim a period before her pension, to her remarriage: Provided, however, That nothing in this sec- remarriage. tion shall be construed to repeal or modify the fourth section of an act 1865, ch. 84, § 4. entitled "An act supplementary to the several acts granting pensions," Vol. xiii. p. 499. approved March third, eighteen hundred and sixty-five. Proviso. SEC. 11. And be it further enacted, That the provisions of the ninth Pensions to volunteers, not section of an act approved July fourth, eighteen hundred and sixty-four, enlisted, disentitled "An act supplementary to 'An act to grant pensions,"" are here- abled by by continued in force for five years from the fourth day of July, eighteen hundred and sixty-seven. wounds. § 1. of 1866, ch. 106, Vol. xiv. p. 56. Persons hav SEC. 12. And be it further enacted, That section one of an act entitled "An act supplementary to the several acts relating to pensions," approved June six, eighteen hundred and sixty-six, shall be so construed as to secure to every person entitled by law before the passage of said act to a less pension than twenty-five dollars per month, who while in the ing but one eye, military or naval service and in the line of duty, or in consequence of to have pension wounds received or disease contracted therein, having only one eye, shall of $25 a month. have lost the same, a pension of twenty-five dollars per month. and losing that, war of the Revo SEC. 13. And be it further enacted, That the third section of an act Construction entitled "An act increasing the pensions of widows and orphans, and. for of 1866, ch. 235, other purposes," approved July twenty-fifth, eighteen hundred and sixty- Vol. xiv. p. 230. six shall be so construed as to place all pensioners whose right thereto Pensions acaccrued subsequently to the war of the Revolution, and prior to the fourth cruing after the day of March, eighteen hundred and sixty-one, on the same footing, as to lution, and prior rate of pension, from and after the passage of said act, as those who have to March 4, 1861; been pensioned under acts passed since said fourth day of March, eigh- of widows of teen hundred and sixty-one; and the widows of revolutionary soldiers and soldiers and sailsailors now receiving a less sum shall hereafter be paid at the rate of ors of the Revoeight dollars month. per lution. tary or naval when, &c. artificial limb, SEC. 14. And be it further enacted, That all officers in the military Certain offior naval service, of the rank of captain in the army or lieutenant in the cers in the milinavy, and of less rank, who have lost a leg or arm in such service and in service entitled the line of duty, or in consequence of wounds received or disease con- to receive an tracted therein, shall be entitled to receive an artificial limb on the same terms as privates in the army are now entitled to receive the same. SEC. 15. And be it further enacted, That in all cases pensions heretofore or hereafter granted by special acts of Congress shall be subject to be varied in amount according to the provisions and limitations of the pension laws. See post, p. 315. special acts may be varied in amount by pension laws. Repeal of in SEC. 16. And be it further enacted, That all acts and parts of acts inconsistent with the foregoing provisions of this act be, and the same are consistent laws hereby, repealed. APPROVED, July 27, 1868. CHAP. CCLXV. — An Act to pay for indexing the Tax Bill. July 27, 1868. 1868, ch. 186. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Clerk of the House Appropriation of Representatives be, and he is hereby, authorized to pay out of the con- to pay for indextingent fund of the House of Representatives, to the Clerk of the Com- ing tax bill. mittee of Ways and Means, one hundred dollars for preparing, by order of the House, a full index of the "Act imposing taxes on distilled spirits and tobacco, and for other purposes," approved July twentieth, eighteen hundred and sixty-eight. APPROVED, July 27, 1868. Ante, p. 125. July 27, 1868. CHAP. CCLXVI. ed in act of 1868, ch. 186, $48. Ante, p. 144. -An Act to correct an Error in the Enrolment of the "Act imposing Taxes on distilled Spirits and Tobacco, and for other Purposes." Be it enacted by the Senate and House of Representatives of the United Error correct- States of America in Congress assembled, That the last clause of the first sentence of section forty-eight of the "Act imposing taxes on distilled spirits and tobacco, and for other purposes," approved July twentieth, eighteen hundred and sixty-eight, be amended so that it will read: "; or three dollars per dozen bottles, each bottle containing not more than one pint," etc., instead of "each bottle containing more than one pint," etc.; the word "not" having been omitted in the enrolment of the act. APPROVED, July 27, 1868. July 27, 1868. 1856, ch. 43. Vol. xi. p. 20. The legislature of Wiscon sin may dispose of certain lands for the benefit the Wisconsin Railroad Farm Mortgage Land Proviso. July 27, 1868. of CHAP. CCLXVII. — An Act amendatory of an Act entitled "An Act granting public Lands to the State of Wisconsin, to aid in the Construction of Railroads in said State,” approved June 3, 1856. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall and may be lawful for the legislature of the State of Wisconsin to dispose of the lands granted and which may have enured and been certified to the State of Wisconsin under the act of Congress approved June third, eighteen hundred and fifty-six, to aid in the construction of a railroad "from Madison or Columbus, by way of Portage City to the Saint Croix river or lake, between township twenty-five and thirty-one," and commonly known as La Crosse and Milwaukee railroad, for the benefit of the Wisconsin Railroad Farm Mortgage Land Company, existing under and by virtue of the laws of Wisconsin: Provided, however, That this act shall apply only to such lands as may be due the State of Wisconsin for the portion of said road already completed. APPROVED, July 27, 1868. CHAP. CCLXVIII. — An Act granting the Right of Way to certain Railway Compa nies over the military Reservation at Fort Leavenworth. Be it enacted by the Senate and House of Representatives of the United Right of way States of America in Congress assembled, That the right of way, not exacross military ceeding one hundred feet in width, is hereby granted to the Leavenworth reservation at Fort Leaven- and Des Moines Railway Company, a corporation created under the laws worth granted of the State of Missouri, to construct and operate a railway across the milto Leavenworth and Des Moines itary reservation at Fort Leavenworth, on the east side of the Missouri Railway Com- river, upon a line to be designated and fixed by the Secretary of War. pany; to Leaven SEC. 2. And be it further enacted, That the right of way, not exceedworth, Atchison, ing one hundred feet in width, is hereby granted to the Leavenworth, At and Northwest- chison and Northwestern Railway Company, a corporation created under ern Railway the laws of the State of Kansas, to construct and operate a railroad across Company; and over the military reservation at Fort Leavenworth, in the State of Kansas, upon such line as shall be designated and fixed by the Secretary of War: Provided, That if the said company shall not construct, within one year from the passage of this act, a railway from the city of Leavenworth to the city of Atchison, then, and in that case, a like privilege is hereby conferred upon any other company that shall construct a railway between said cities. Proviso. July 27, 1868. APPROVED, July 27, 1868. CHAP. CCLXIX. - An Act donating a Portion of the Fort Leavenworth military Reservation for the exclusive Use of a public Road. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a strip of land one hundred feet in width along along the southern boundary of the Fort Leavmilitary reserva- enworth military reservation, in the State of Kansas, extending from the Part of Fort Leavenworth to be free to Missouri river to the western boundary thereof, be set apart for the per- tion set apart for petual and exclusive use of a public road; and the said road shall be and public road; remain a public highway for the use of the government of the United the United States, free from tolls or other charges upon the transportation of any property, troops, or mails of the United States. SEC. 2. And be it further enacted, That Congress may at any time amend or repeal this act. APPROVED, July 27, 1868. States. Act may be repealed, &c. CHAP. CCLXX. - An Act regulating the Times and Places of holding the District and July 27, 1868. Be it enacted by the Senate and House of Representatives of the United Times and States of America in Congress assembled, That the times and places of places of holding holding the United States district and circuit courts for the northern dis- United States trict of Florida shall hereafter be as follows: At Jacksonville, on the courts in northfirst Monday of December; at Tallahassee, on the first Monday of Feb- en district of ruary; and at Pensacola, on the first Monday of March. Florida. SEC. 2. And be it further enacted, That the terms of the United States Terms at Saint courts heretofore held at Saint Augustine and Appalachicola be hereafter Augustine and discontinued. APPROVED, July 27, 1868. Appalachicola discontinued. CHAP. CCLXXI. - An Act to disapprove an Act of the Legislative Assembly of Wash- July 27, 1868. ington Territory redistricting the Territory and reassigning the Judges thereto. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act of the legislative Act of legislaassembly of the Territory of Washington, approved January twenty-five, Washington Tertive assembly of eighteen hundred and sixty-eight, entitled "An act defining the several ritory disapjudicial districts of the Territory and assigning the judges thereto," be, proved. and the same is hereby, disapproved. APPROVED, July 27, 1868. CHAP. CCLXXII. — An Act to amend an Act entitled "An Act proposing to the State of Texas the Establishment of her Northern and Western Boundaries, the Relinquishment by the said State of all Territory claimed by her, exterior to said Boundaries, and of all her Claims upon the United States, and to establish a Territorial Government for New Mexico." July 27, 1868. 1850, ch. 49. Vol. ix. p. 446. Veto power of Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the aforesaid act shall be amended as follows: Every bill which shall have passed the council and the Governor of the Territory of House of Representatives of the said Territory shall, before it becomes a New Mexico. law, be presented to the governor of the Territory; if he approve he shall sign it, but if he do not approve it, he shall return it with his objections to the house in which it originated, who shall enter the objections at large upon their journal, and proceed to reconsider it. If after such reconsideration, two thirds of that house shall pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two thirds of that house, it shall become a law, the governor's objections to the contrary notwithstanding. But in such cases the votes of both houses shall be determined by yeas and nays, and entered upon the journal of each house respectively. And if the governor shall not return any bill presented to him for approval, after its passage by both houses of the legislature, within three days, (Sundays excepted,) after such presentation, the same shall become a law in like manner as if the governor had approved it: Provided, however, That the assembly shall not have adjourned sine die, during the three days prescribed as above, in which case it shall not become a law. |