78TH CONGRESS 2d Session

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HOUSE OF REPRESENTATIVES

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REPORT No. 1288

PENSIONS TO CERTAIN UNREMARRIED DEPENDENT WIDOWS OF CIVIL WAR VETERANS WHO WERE MARRIED TO THE VETERAN SUBSEQUENT TO JUNE 26, 1905

MARCH 27, 1944.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. LESINSKI, from the Committee on Invalid Pensions, submitted the following

REPORT

[To accompany H. R. 86]

The Committee on Invalid Pensions, to whom was referred the bill (H. R. 86) to grant pensions to certain unremarried dependent widows of Civil War veterans who were married to the veteran subsequent to June 26, 1905, having considered the same, report favorably thereon with the recommendation that the bill do pass.

HISTORY OF THIS LEGISLATION

Your committee during the Seventy-sixth Congress conducted extensive hearings on the then-pending bills proposing to liberalize the existing pension laws pertaining to dependents of deceased veterans of the Civil War. Such hearings covered a period of 3 days and nine general pension bills were considered. Testimony was received from Members of Congress who were authors of their respective bills; Gen. Frank T. Hines, Administrator of Veterans' Affairs; national representatives of several veterans' organizations; and the national representatives of the two auxiliary organizations of the Grand Army of the Republic. All the testimony was carefully considered, and as a result of deliberations the Veterans' Administration was requested to draft a bill in appropriate language to accomplish the purposes as specifically recommended by the national officers of the auxiliary organizations of the Grand Army of the Republic. The bill, H. R. 7981, Seventy-sixth Congress, was then introduced, reported favorably by your committee March 13, 1940, passed the House of Representatives April 15, 1940, without amendment or dissenting vote, was

favorably reported by the Committee on Pensions of the Senate, April 26, 1940, without amendment, but failed of enactment during the Seventy-sixth Congress.

The bill, H. R. 1091, Seventy-seventh Congress, was identical with H. R. 7981, Seventy-sixth Congress, was reported favorably by your committee April 18, 1941; passed the House of Representatives May 29, 1941, without amendment or dissenting vote; was reported favorably by the Committee on Pensions of the Senate without amendment September 17, 1941, but failed of enactment during the Seventyseventh Congress.

This bill, H. R. 86, is identical with the two bills heretofore described.

PURPOSE OF THE LEGISLATION

The purpose of the bill is to grant service pension to any dependent unremarried widow of a Civil War veteran who is at least 60 years of age and who is barred from the receipt of pension because her marriage to the veteran occurred subsequent to June 26, 1905, but who is otherwise entitled to pension under either the act of May 1, 1920, or the act of June 9, 1930, provided she married the veteran 10 years prior to his death and lived with him continuously from the date of marriage to the date of death except where there was a separation which was due to misconduct of or procured by the veteran without the fault of the widow.

JUSTIFICATION OF PROPOSED LIBERALIZATION OF EXISTING LAW

Your committee has had under consideration for some time the necessity and desirability of extending relief to widows of veterans of the Civil War now denied a pension by reason of the June 27, 1905, delimiting marriage date and the proposed liberalization of the eligibility requirements as provided in the bill in favor of dependent unremarried widows at least 60 years of age is considered more equitable than extension of the delimiting marriage date. The report of the Veterans' Administration, appended, endorses the principle incorporated in this legislation, namely, the 10-year marital requirement and the rule as to continuous cohabitation which are preferable to any delimiting marriage date. Liberalization of existing law on a similar basis has recently been provided for widows of veterans of the Indian wars by Public Law No. 245, Seventy-eighth Congress, approved March 3, 1944.

The proposed legislation will provide a pension for widows of veterans of the Civil War of advanced age who are in need, as only dependent unremarried widows, otherwise entitled, will be eligible for pension thereunder. It will eliminate the necessity for consideration of many private bills for the relief of widows of Civil War veterans barred from the receipt of pension because of the delimiting marriage date who meet the eligibility requirements of the proposed legislation. It will also eliminate many private acts under which widows of Civil War veterans who were unable to meet the restrictive marriage requirement of existing law have heretofore been granted pensions as such widows who meet the requirements of the proposed legislation will be eligible under the public laws upon enactment of this bill.

ELIGIBILITY REQUIREMENTS OF EXISTING LAW

Under the act of May 1, 1920, pension at the rate of $30 per month is payable to the widow of a Civil War veteran who served 90 days or more in the Civil War and was honorably discharged, or who, regardless of length of service, was discharged for or died in service of disability incurred in service in line of duty. Under the act of June 9, 1930, pension at the rate of $40 per month is payable to a widow of a Civil War veteran who served 90 days or more in the Civil War and was honorably discharged from all contracts of service, or who, regardless of length of service, was discharged for or died in service of disability incurred in service in line of duty, or who had theretofore been allowed a pension as a Civil War veteran under existing service pension laws, when such widow attains the age of 70 years. To be entitled under either act, the widow must have married the veteran prior to June 27, 1905. A former widow, otherwise entitled, who remarried once or more than once after the death of the veteran is eligible for pension under either act, where the subsequent marriage was dissolved either by death of the husband or by divorce on any ground except adultery on the part of the wife. Pension at the rate of $6 per month is payable to the widow for each child under 16 years of age, or helpless child under the age of 16 years at the time of the father's death, where the helpless condition arose prior to that age, and where the widow's name was dropped from the rolls because of her remarriage, and the pension has been granted to a minor or helpless child, the widow is not entitled to have her pension renewed until the child's pension ceases unless the child is a member of her household and cared for by her, in which event, pension to the child ceases and is paid to the widow.

EFFECT OF THIS LEGISLATION

The bill would grant pensions to widows of Civil War veterans now barred from receiving pension because of the delimiting marriage date, June 27, 1905, but who are otherwise entitled to pension, if they are dependent and have not remarried and are at least 60 years of age, provided the widow married the veteran 10 years prior to his death and lived with him continuously from date of marriage to date of death except where there was a separation due to misconduct of or procured by the veteran without the fault of the widow. A widow who has remarried either once or more than once would not be entitled to pension under this legislation and any pension paid to a dependent unremarried widow thereunder would be discontinued upon her remarriage. If pension has been granted to a minor or helpless child of any widow who would be eligible under the provisions of the bill, such widow would not be entitled to pension until the pension to the child terminates unless the child is a member of her household and cared for by her, in which event the pension would be paid to the widow and payment of pension to the child would cease. However, if the amount paid to the child is less than the amount which would be payable to the widow, the difference in said amounts would be paid to the widow.

PENAL AND FORFEITURE PROVISIONS

The penal and forfeiture provisions of the pension laws providing pensions for veterans of the Civil War, their widows, and dependents would be for application. No fees may be charged in connection with any application for the benefits provided in the bill and penalties are provided for violation of this provision.

COST OF THIS LEGISLATION

The Veterans' Administration has furnished a revised estimate of the cost of this legislation under which approximately 2,000 new cases would be eligible for pension at a cost of approximately $960,000 the first year. In addition, 400 widows, now pensioned under special acts would be entitled under the public laws at an additional estimated cost of $44,000 for the first year. If all those eligible made claim and were paid, the estimated annual cost would approximate $1,004,000 affecting 2,400 widows. However, it has been the experience of the Veterans' Administration that only one-half of the new cases apply the first year which would reduce the estimated cost for the first year to $524,000, affecting 1,400 widows.

REPORT OF THE ADMINISTRATOR OF VETERANS' AFFAIRS

The report is as follows:

Hon. JOHN LESINSKI.

Chairman, Committee on Invalid Pensions,

VETERANS'ADMINISTRATION,
Washington, March 25, 1943.

House of Representatives, Washington, D. C.

MY DEAR MR. LESINSKI: Further reference is made to your letter dated January 7, 1943, requesting a report on H. R. 86, Seventy-eighth Congress, a bill to grant pensions to certain unremarried dependent widows of Civil War veterans who were married to the veteran subsequent to June 26, 1905.

This bill is identical with H. R. 1091, Seventy-seventh Congress, upon which a report was rendered to your committee under date of April 14, 1941, and which bill passed the House of Representatives May 29, 1941. The bill was reported favorably by the Committee on Pensions, United States Senate, but was not enacted into law during the Seventy-seventh Congress.

The purpose of the bill is to provide pension to the dependent unremarried widow of a Civil War veteran who is at least 60 years of age, and who is barred from the receipt of pension because her marriage to the veteran occurred subsequent to June 26, 1905, but who is otherwise entitled to pension under either the act of May 1, 1920, or the act of June 9, 1930, provided she married the veteran 10 years prior to his death and lived with him continuously from the date of marriage to the date of death, except where there was a separation which was due to misconduct of or procured by the veteran without the fault of the widow. The rates of pension and conditions of entitlement not inconsistent with those prescribed by the bill, as contained in the acts of May 1, 1920, and June 9, 1930, would be for application. Both of these acts require, as to widows, that the veteran shall have served 90 days or more in the Civil War, or if less than 90 days, that he shall have been discharged for or died in service of a disability incurred in service in line of duty. The rates payable are $30 a month, if the widow is under 70 years of age; $40 a month from and after age 70. The open and notorious adulterous cohabitation of a widow who is a pensioner operates to terminate her pension from the commencement of such cohabitation.

With regard to the merits of this proposal, attention is invited to the following table which shows the beginning and ending dates of wars in which the United States has been engaged, which are of current importance in connection with pension grants; the delimiting date for marriage to veterans of such wars governing eligibility of the widow to pension; and the number of years between the ending date of the war and the delimiting marriage date:

NOTE. The beginning and ending dates set forth above as to the Spanish-American War, Boxer Rebellion, and Philippine Insurrection are for application to the laws reenacted by Public Law 269, 74th Cong., Aug. 13, 1935.

It will thus be apparent that existing laws are more liberal with respect to the marriage date of Civil War widows than for widows of any of the other wars listed above. The bill would further extend the marriage date for widows of Civil War veterans so as to include persons who married such veterans over 68 years after the termination of that war.

There is enclosed, as part of this report, a chart showing certain prerequisites to the establishment of entitlement to pension under the several laws granting pensions to widows of Civil War veterans.

It may be conceded that the principle set forth in the bill, that is, that the widow must have been the wife of the veteran 10 years prior to his death, is superior to the policy of fixing delimiting dates of marriage. The table given in this report clearly indicates the wide divergence of delimiting dates which alone establishes a precedent for legislative demands to change such dates.

The demand for this type of legislation again emphasizes the necessity for care ful consideration as to what the Government's obligation to the widow who marries a veteran many years after his service really is insofar as a pension is concerned. It is definitely assumed that the Government's first obligation is to the widow who was the wife of the veteran when he served.

To what extent the Government should go in granting benefits in the way of pensions to those widows who married veterans years after their service, is a matter which has been given much consideration in connection with pension legislation. There has been no uniformity regarding it and in the establishment of delimiting dates of marriage much variation will be found.

There can be no doubt that this bill, if enacted, would break the precedent of setting arbitrary delimiting dates of marriage for widows, and open the way for the adoption of the policy of fixing the time retrospectively from the date of the veteran's death. This principle finds support from the fact that experience has shown that in the majority of cases widow claimants were not married to the veterans of a war until after the period of war service, and it would seem that the proximity of the date of marriage to the veteran's war service should not be considered of greater moment in formulating the definition of "widow" than the period of marriage which existed between the claimant and the veteran, prior to the date of the veteran's death.

Consideration of the proposed legislation outlined in this bill requires that the Congress give thought to the possible effect such legislation would have upon widows of other groups of veterans such as the Indian wars, the Spanish-American War, and later on the World War. If the 10-year standard could be adopted with assurance that no attempt would be made to change the number of years from 10 to 5 or even less, such legislation might well be worth while because of its underlying sound principle. A study of the past history of pension legislation, however, indicates that the reason we find a great variation in the number of years between the war and the last marriage date of the several groups of veterans' widows, is due to the fact that the Congress has been importuned from time to time to make changes in such delimiting dates. No doubt such requests would be made in the future to effect such changes in the standard proposed by this bill.

It may be said that the subject matter of this bill and the principles involved are of great importance, particularly at this time. There can be no doubt that it is the desire of the Administration and the Congress to deal most liberally with those who have served their country in time of great emergency and to their dependents after they are gone. It should be borne in mind, that changes in

H. Repts., 78-2, vol. 243