protection of life and property. Article I, Treaty with Spain of December 10, 1898 (30 Stat. L. 1754). as legal. [See this case also in 25 La. An., 387.] [For orders establishing such tribunals, see Dig. Opin. J. A. G.. par. 1577, note 1.] So, the authority of the "provisional court of Louisiana" (which succeeded the "provost court" last indicated and was established by the President in an Executive order of Oct. 20, 1862) to determine a cause in admiralty was affirmed by the United States Supreme Court in The Grapeshot, 9 Wallace, 129, and later its jurisdiction in a civil action on a mortgage debt was recognized by that tribunal in Burke v. Miltenberger, 19 Wallace, 519. [And see the same case, as Burke . Tregree, in 22 La An., 629.] The authority of the same conrt to take cognizance of a case of murder and one of arson (as also of civil controversies) was maintained in an elaborate opinion of its judge, Hon. C. A. Peabody (in 1865), in the cases of the United States v. Reiter & Louis, reported in 13 Am. Law Reg., 534. The civil jurisdiction of a similar war court-the "commission" established by the department commander in Memphis, in 1863-was similarly recognized in Hefferman v. Porter, 6 Cold., 391. And as to the full authority of this tribunal as a substitute for the ordinary civil courts of the locality, see also State v. Stillman, 7 Cold., 341. [But see, contra, Walsh r. Porter, 12 Heisk., 401.] In the cases thus sustaining the action of special tribunals during the late war the courts in general refer to the earlier and leading case of Leitensdorfer v. Webb, 20 Howard, 176, in which was affirmed the authority of the courts established in 1846 in New Mexico as a part of the system of civil government instituted by General Kearney, the military commandant. [With this case consult also United States v. Rice, 4 Wheaton, 254; Cross r. Harrison, 16 Howard, 164,] The reasoning upon which the above-cited later rulings is based is: That the authority to create courts with a civil as well as a criminal jurisdiction in a conquered country in military occupation attaches to the dominant power by the law of war and of nations as an incident to the power to establish a military government; that it is not only the right, but the duty, of the conqueror to institute such courts for the security of persons and property and for the administration of justice;" and that, when during the late war such courts were created by commanding generals-such as the commanders of separate departments or armies-the order of the commander was to be presumed to be the order and act of the President. 2113. The Commissioner of Pensions. 2115. The Deputy Commissioner of Pen2114. Duties of the Commissioner. Commissioner of Pensions. sions. 2113. There shall be in the Department of the Interior Sec. 470, B. S. a Commissioner of Pensions, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be entitled to receive a salary of four thousand dollars a year. Duties of the Commissioner. 2114. The Commissioner of Pensions shall perform, Sec. 471, B. S. under the direction of the Secretary of the Interior, such duties in the execution of the various pension and bountyland laws as may be prescribed by the President. Deputy Commissioner. 3 Mar., 1873, c. 575. 2115. There shall be in the Department of the Interior 234, s. 29, v. 17, p. a Deputy Commissioner of Pensions, who shall be apSec. 472, R. s. pointed by the President, by and with the advice and consent of the Senate, who shall be charged with such duties in the Pension Bureau as may be prescribed by the Secretary of the Interior, or may be required by law, and in case of death, resignation, absence, or sickness of the Commissioner, his duties shall devolve upon the Deputy Commissioner, until a successor is appointed or such absence or sickness ceases. The Deputy Commissioner shall be entitled to receive an annual salary of twenty-five hundred dollars. Par. 2116. Who entitled. THE GENERAL PENSION LAW. 2117. Classes enumerated. 2118. Pensions to be for wounds, injuries, etc., received in line of duty. 2119. Rates of pension. 2120. Pensions according to rank. 2122. The same, subsequent to June 4, 2123. Loss of both hands, feet, or eyes. 2124. Loss of one hand and one foot. 2125. Loss of both hands, feet, or eyes. Par. 2126. Total blindness. 2127. Increase of pension. 2135. Rate for incapacity requiring fre- 2136. Division of eighteen-dollar rate. 2116. Every person specified in the several classes enumerated in the following section, who has been, since the fourth day of March, eighteen hundred and sixty-one, or who is hereafter disabled under the conditions therein stated, shall, upon making due proof of the fact, according to such forms and regulations as are or may be provided in pursuance of law, be placed on the list of invalid pensioners of the United States, and be entitled to receive, for a total disability, or a permanent specific disability, such pension as is hereinafter provided in such cases; and for an inferior disability, except in cases of permanent specific disability, for which the rate of pension is expressly provided, an amount proportionate to that provided for total disability; and such pension shall commence as hereinafter provided, and continue during the existence of the disability.1 2117. The persons entitled as beneficiaries under the ceding section are as follows: pre Who may have pensions. Mar. 3, 1873, c. 566, 567. 234, s. 1, v. 17, pp. Sec. 4692, R.S. Classes enu merated. Army and Navy, men, etc. First. Any officer of the Army, including regulars, vol- Officers of unteers, and militia, or any officer in the Navy or Marine and enlisted Corps, or any enlisted man, however employed, in the mili-Ibid. tary or naval service of the United States, or in its Marine Sec. 4693, R.S. The act of March 3, 1883, 23 Stat. L., 362, contains the requirements that "all applicants for pension shall be presumed to have had no disability at the time of enlistment, but such presumption may be rebutted." 22924-08- -53 Master, etc., serving on gunboat, etc. Volunteers, not enlisted, etc. Acting assistant surgeon, etc. Provost-mar shal, etc. Pension for wounds received tracted only in Ibid., p. 567. Corps, whether regularly mustered or not, disabled by reason of any wound or injury received, or disease contracted, while in the service of the United States and in the line of duty. Second. Any master serving on a gunboat, or any pilot, engineer, sailor, or other person not regularly mustered, serving upon any gunboat or war vessel of the United States, disabled by any wound or injury received, or otherwise incapacitated while in the line of duty, for procuring his subsistence by manual labor. Third. Any person not an enlisted soldier in the Army, serving for the time being as a member of the militia of any State, under orders of an officer of the United States, or who volunteered for the time being to serve with any regularly organized military or naval force of the United States, or who otherwise volunteered and rendered service in any engagement with rebels or Indians, disabled in consequence of wounds or injury received in the line of duty in such temporary service. But no claim of a State militiaman, or nonenlisted person, on account of disability from wounds, or injury received in battle with rebels or Indians, while temporarily rendering service, shall be valid unless prosecuted to a successful issue prior to the fourth day of July, eighteen hundred and seventy-four. Fourth. Any acting assistant or contract surgeon disabled by any wound or injury received or disease contracted in the line of duty while actually performing the duties of assistant surgeon or acting assistant surgeon with any military force in the field, or in transitu, or in hospital. Fifth. Any provost-marshal, deputy provost-marshal, or enrolling officer disabled, by reason of any wound or injury received in the discharge of his duty, to procure a subsistence by manual labor. 2118. No person shall be entitled to a pension by reason or diseases con- of wounds or injury received or disease contracted in the line of duty, etc. service of the United States subsequent to the twentySec. 4694, R.S. seventh day of July, eighteen hundred and sixty-eight, unless the person who was wounded, or injured, or contracted the 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 en route, by direction of competent authority, to 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 at some naval station, or on his way, by direction of competent authority, to the United States or to some other vessel or naval station or hospital. pen sion for total dis Sec. Sec. 4695, R.S. 2119. The pension for total disability shall be as follows, Rates of namely: For lieutenant-colonel and all officers of higher ability. rank in the military service and in the Marine Corps, and 56. 2, ibid., p. for captain, and all officers of higher rank, commander, sugeon, paymaster, and chief engineer, respectively ranking with commander by law, lieutenant commanding and master commanding, in the naval service, thirty dollars per month; for major in the military service and in the Marine Corps, and lieutenant, surgeon, paymaster, and chief engineer, respectively ranking with lieutenant by law, and passed assistant surgeon in the naval service, twenty-five dollars per month; for captain in the military service and in the Marine Corps, chaplain in the Army, and provostmarshal, professor of mathematics, master, assistant surgeon, assistant paymaster, and chaplain in the naval service, twenty dollars per month; for first lieutenant in the military service and in the Marine Corps, acting assistant or contract surgeon, and deputy provost-marshal, seventeen dollars per month; for second lieutenant in the military service and in the Marine Corps, first assistant engineer, ensign, and pilot in the naval service, and enrolling officer, fifteen dollars per month; for cadet midshipman, passed midshipman, midshipmen, clerks of admirals and paymasters and of other officer commanding vessels, second and third assistant engineer, master's mate, and all warrant officers in the naval service, ten dollars per month; and for all other persons whose rank or office is not mentioned in this section, eight dollars per month; and the masters, pilots, engineers, sailors, and crews upon the gunboats and war vessels shall be entitled to receive the pension allowed herein to those of like rank in the naval service.1 cording to rank. Ibid. Sec. 4696, R.S. 2120. Every commissioned officer of the Army, Navy, or Pension acMarine Corps shall receive such and only such pension as is provided in the preceding section for the rank he held at the time he received the injury or contracted the disease which resulted in the disability, on account of which he may be entitled to a pension; and any commission or Presidential appointment, regularly issued to such person, shall be taken to determine his rank from and after the date, as By section 4692, Revised Statutes (paragraph 2116, ante), an inferior disability shall be rated in proportion to that for total disability. |