PENSIONS TO SUNDRY WIDOWS SEPTEMBER 23, 1940.-Committed to the Committee of the Whole House and ordered to be printed Mr. LESINSKI, from the Committee on Invalid Pensions, submitted the following REPORT [To accompany H. R. 10540] The Committee on Invalid Pensions, to whom were referred S. 537, entitled "An act granting a pension to Alice F. Thomas;" S. 1138, entitled "An act granting a pension to Mary Jane Blackman;" H. R. 5060, entitled "A bill granting a pension to Jane A. Baker;" and H. R. 7956, entitled "A bill granting a pension to Ella B. Crider," having considered the same, report thereon with the recommendation that same do pass. This omnibus measure contains four items, two private Senate acts, and two private House bills, objected to, reconsidered, and again reported to the House under the provisions of clause 6, rule XXIV, of the House of Representatives. The first item, S. 537, proposing to grant a pension to Alice F. Thomas, widow of George M. Thomas, late a veteran of the Civil War, was favorably reported by the Committee on Pensions of the United States Senate on April 26, 1940, Senate Report No. 1544, Seventysixth Congress, third session, and was passed by the United States Senate on May 28, 1940. The bill was referred to your committee on May 30, 1940, and was favorably reported to the House on June 7, 1940, House Report No. 2421, and was placed on the Private Calendar, where it was objected to and recommitted to your committee on July 2, 1940. The second item, S. 1138, proposing to grant a pension to Mary Jane Blackman, widow of William O. Blackman, late a veteran of the Civil War, was favorably reported by the Committee on Pensions of the United States Senate on April 26, 1940, Senate Report No. 1533, Seventy-sixth Congress, third session, and was passed by the United States Senate on May 28, 1940. The bill was referred to your committee on May 30, 1940, and was favorably reported to the House on H. Repts., 76–8, vol. 6- -24 June 7, 1940, House Report No. 2423, and was placed on the Private Calendar, where it was objected to and recommitted to your committee on July 2, 1940. The third item, H. R. 5060, proposing to grant a pension to Jane A. Baker, widow of Alexander Baker, late a veteran of the Civil War, was referred to your committee on March 14, 1939, and was favorably reported to the House on April 23, 1940, House Report No. 2001, and was placed on the Private Calendar, where it was objected to and recommitted to your committee on June 6, 1940. The fourth item, H. R. 7956, proposing to grant a pension to Ella B. Crider, widow of William H. Crider, late a veteran of the Civil War, was referred to your committee on January 16, 1940, and was reported to the House with amendments on August 12, 1940, House Report No. 2845, and was placed on the Private Calendar, where it was objected to and recommitted to your committee on August 19, 1940. The facts in the individual cases are fully set forth in the previous committee reports which accompanied them, and they appear hereinafter in the order of their arrangement in the omnibus bill. The reports are as follows: [H. Rept. No. 2421, 76th Cong., 3d sess.] The Committee on Invalid Pensions, to whom was referred the bill (S. 537) entitled "An act granting a pension to Alice F. Thomas," having considered the same, report favorably thereon with the unanimous recommendation that the bill do pass. The facts in regard to the provisions of S. 537 are set forth in the report of the Committee on Pensions of the United States Senate, which hereinafter follows, and are fully concurred in by this committee. [8. Rept. No. 1544, 76th Cong., 3d sess.] The Committee on Pensions, to whom was referred the bill (S. 537) granting a pension to Alice F. Thomas, having considered the same, report favorably thereon with the recommendation that the bill do pass with the following amendment: Line 8, strike out the figure "50" and insert in lieu thereof the figure "30". Alice F. Thomas, aged 73, whose post-office address is Corning, Ark., is the widow of George M. Thomas, late of Company D, Sixth-third Regiment Illinois Infantry. This veteran enlisted September 27, 1864, and was honorably discharged May 27, 1865. He died June 4, 1934, at which time he was receiving a pension of $90 per month under the act of July 3, 1926, for disabilities not the result of his military service (XC898251). The claimant and the veteran were married February 17, 1896, and lived together from the date of marriage to the date of his death. Six children were born of this marriage. Her claim for pension was disallowed by the Veterans' Administration on the ground that she is not the legal widow of the veteran, it being established that at the time of her marriage to him on February 17, 1896, the veteran had a living undivorced wife who did not die until May 15, 1896. The continued cohabitation of the veteran and this claimant in the State of Arkansas subsequent to the death of the veteran's wife, Emily, on May 15, 1896, could not be recognized as a common-law marriage for the reason that such marriages are not valid in that State. The claimant was previously married to one Jim A. Turner, who, she states, disappeared in 1889 and that about 1891 she heard he was killed in a coal mine. It appears that she married the veteran in good faith. The medical evidence filed in support of this bill shows that the claimant is wholly unfitted for self-support. She is afflicted with chronic bronchitis and arteriosclerosis. The claimant is being maintained and supported by her son, George M. Thomas, Jr. The committee recommend that she be allowed a pension of $30 per month. It is recommended that Alice F. Thomas be granted a pension at the rate of $30 per month. 3 S. 1138-MARY JANE BLACKMAN [H. Rept. No. 2423, 76th Cong., 3d sess.] The Committee on Invalid Pensions, to whom was referred the bill (S. 1138) entitled "An act granting a pension to Mary Jane Blackman," having considered the same, report favorably thereon with the unanimous recommendation that the bill do pass. The facts in regard to the provisions of S. 1138 are set forth in the report of the Committee on Pensions of the United States Senate, which hereinafter follows, and are fully concurred in by this committee. [S. Rept. No. 1533, 76th Cong., 3d sess.] The Committee on Pensions, to whom was referred the bill (S. 1138) granting a pension to Mary Jane Blackman, having considered the same, report favorably thereon with the recommendation that the bill do pass. Mary Jane Blackman, aged 78, whose post-office address is 20 Court Street, Augusta, Maine, is the widow of William O. Blackman, who served during the Civil War from September 22, 1861, to October 28, 1864. He died July 24, 1925 (SO996353). Mary Jane Blackman filed a claim for pension August 10, 1925, which was rejected on the ground that at the date of her marriage to the soldier he had an undivorced wife, who survived until April 6, 1900, and as they were never ceremonially married thereafter she never became the soldier's legal wife, common-law marriages not being recognized in Nova Scotia or Maine, where they cohabited after the death of the former wife. The evidence shows that the claimant and the soldier were married on July 25, 1882; that three children were born of such marriage; that they lived together from the date of their marriage to the date of his death; and that the claimant married the soldier in good faith not knowing of his prior marriage. It appears that the soldier was previously married to one Elizabeth Cooper on May 9, 1867. According to a statement signed by the soldier on April 3, 1915, a divorce was obtained a few years after their marriage; however, no record can be found of such divorce. The claimant and the soldier lived together 43 years, and she may not be recognized as his legal widow under the existing service pension laws for the reason that common-law marriages were not recognized as valid in Nova Scotia or in the State of Maine. The evidence also discloses that she is in ill health and unable to contribute to her own support by reason of arteriosclerosis, organic disease of heart, edema of lower extremities, and secondary anemia. Applicant has an income of $12 per month and receives approximately $320 each year from a married daughter. It is recommended that her name be placed on the pension roll at the rate of $30 per month. It is recommended that Mary Jane Blackman be granted a pension at the rate of $30 per month. [H. Rept. No. 2001 76th Cong., 3d sess.] The Committee on Invalid Pensions, to whom was referred the bill (H. R. 5060) entitled "A bill granting a pension to Jane A. Baker," having considered the same, report it back favorably to the House with the recommendation that it do pass. Mrs. Baker is aged 88 years, and resides at 3415 Kilbourn Avenue, Milwaukee, Wis. This petition for pension by a special act of Congress is based upon service rendered by Alexander Baker, deceased, SC795970, as a private in Company L, First Regiment New York Veteran Cavalry, and in Company K, Second Regiment New York Cavalry, from September 8, 1864, until the date of his honorable discharge on June 5, 1865. The veteran and this applicant were married September 23, 1869, and three children were born to them, of which two are still living. The veteran died July 30, 1913. The facts in this case are fully set forth in a letter addressed to the Administrator of Veterans' Affairs, dated June 15, 1939, as follows: Hon. FRANK T. HINES, COMMITTEE ON INVALID PENSIONS, Administrator of Veterans' Affairs, Washington, D. C. DEAR GENERAL HINES: I am returning herewith the Veterans' Administration file of Alexander Baker, deceased, SC795970, which was forwarded to this committee to be used in connection with H. R. 5060, Seventy-sixth Congress, first session, entitled "A bill granting a pension to Jane A. Baker," introduced by my colleague and member of this committee, Hon. John C. Schafer of Wisconsin. It would be appreciated if you would have an administrative review made of this case. Under the recent liberal interpretations of the law by the Veterans' Administration, it is believed that Mrs. Baker could be allowed a pension under existing law. The facts in this case are as follows: Alexander Baker served during the Civil War from September 8, 1864, to June 5, 1865, on which date he was honorably discharged. He died on July 30, 1913, and at the date of his death was in receipt of pension under the Service Act of May 11, 1912, as amended by the act of March 4, 1913. Mrs. Jane A. Baker filed a claim for pension on November 1, 1913, as widow of this veteran under the provisions of the act of April 19, 1908. She was married to the veteran on September 23, 1869, in the State of New York. Neither the applicant nor the late veteran had been previously married. After their marriage they resided in several States and finally settled in Merrill, Wis., where the claimant still resides. These two people lived together until January 1889, when Mrs. Baker left for the East but she returned to Merrill, Wis., in July of the same year. No actual separation agreement was made, but she thought if that she got away for a while he might stop his excessive drinking and for the further reason she was in fear of his harming her and their children while in a drunken condition. While she was away the veteran sold their home and squandered the money on drinking. For some years prior to the year 1889 he failed to properly provide for his family. After Mrs. Baker's return to Wisconsin it was necessary for her to go to work and also to send the children out to work at an early age. After the separation the veteran wandered over the country and a lot of the time lived at various soldiers' homes. It is shown by the evidence of record in the case that Mrs. Baker never applied for or obtained a divorce from the veteran but that he did obtain one fraudulently from her in Clinton County, Iowa, on June 9, 1910. |