PENSIONS-CIVIL WAR

MONDAY, JANUARY 15, 1940

HOUSE OF REPRESENTATIVES, COMMITTEE ON INVALID PENSIONS, Washington, D. C. The committee met at 10 a. m., Hon. John Lesinski (chairman) presiding.

The CHAIRMAN. The meeting will come to order. The purpose of this meeting is to hold hearings on the public bills pending in this committee, which propose in one form or another to liberalize the now existing benefits with reference to dependents of veterans of the Civil War. The bills which we will consider today, tomorrow, and the following day are numbered H. R. 917, H. R. 1666, H. R. 2208. H. R. 3386, H. R. 6716, H. R. 6909, H. R. 6927, H. R. 7728, and H. R. 7876.

We will open the hearings by a statement from General Hines, Administrator of Veterans' Affairs on each of the bills. If General Hines is unable to complete his testimony this morning, and in view of the large number of bills I doubt very much if he will be able to complete his testimony today, he will be the first witness again tomorrow morning at 10 o'clock. After the General completes his testimony we will hear from any of our colleagues who introduced the bills under consideration, and then we will be pleased to hear from any of the representatives of the several veterans' organizations. The first bill will be H. R. 917, which proposes to amend Public Law No. 190 of the Sixty-sixth Congress. For the purpose of the record I will insert at this point a copy of the bill and the report I received from General Hines in regard to this proposed legislation. (H. R. 917, together with the report thereon, is as follows:)

[H. R. 917, 76th Cong., 1st sess.]

A BILL To amend Public Law Numbered 190 of the Sixty-sixth Congress

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Public Law Numbered 190 of the Sixty-sixth Congress be amended by striking out in section 4 the words and figures "such widow having been married to such soldier, sailor, or marine, prior to the 27th day of June, anno Domini 1905", and inserting in lieu thereof the following: "such widow having been married to such soldier, sailor, or marine prior to May 1, 1920."

Hon. JOHN LESINSKI,

VETERANS' ADMINISTRATION,
Washington, June 21, 1939.

Chairman, Committee on Invalid Pensions,

House of Representatives, Washington, D. C.

MY DEAR MR. LESINSKI: Further reference is made to your request of January 11, 1939, for a report on H. R. 917, Seventy-sixth Congress, "a bill to amend Public Law No. 190 of the Sixty-sixth Congress."

This bill is identical with H. R. 8582, Seventy-fifth Congress, upon which a report was rendered to your committee under date of March 18, 1938. It is also identical with H. R. 2208, Seventy-sixth Congress, upon which your committee has requested a report from the Veterans' Administration.

The bill proposes to change the delimiting marriage date from June 27, 1905, to May 1, 1920, for purposes of determining the eligibility of a Civil War veteran's widow to pension under section 4 of the Service Pension Act of May 1, 1920 (38 U. S. C. 288).

Under that act if a widow was married to a Civil War veteran prior to June 27, 1905, and meets the other requirements, she is entitled to a pension at the rate of $30 a month. If 70 years of age or over, she is entitled to the rate of $40 a month under the service-pension act of June 9, 1930. A $50 rate is prescribed by the act of July 3, 1926, if the widow was the wife of the soldier, sailor, or marine during the period of his service in the Civil War. Since the bill seeks to amend only the act of May 1, 1920, the delimiting marriage date of June 27, 1905, would still be applicable for the $40 rate under the act of June 9, 1930. 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. It will be noted that the table shows 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 No. 269, 74th Cong.

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 54 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.

The most liberal provision with reference to date of marriage obtains under the general pension law which imposes no restriction on account of the date when the marriage was entered into. It should be borne in mind, however, that to be entitled to pension under this law the veteran's death must have been due to service. Moreover, since the rate of pension is based upon rank, relatively few widows receive the highest rate of $30 a month.

Under the Service Pension Acts of May 1, 1920, July 3, 1926, and June 9, 1930, the most liberal marriage-date requirement is that prescribed by the 1920 and 1930 acts whereby the marriage shall have been contracted on or before June 27, 1905. Widows in this class who are under 70 years of age are entitled to $30 a month, if otherwise eligible, and to $40 a month upon the attainment of age 70. The 1926 act, which prescribes the highest rate of pension, viz, $50 a month, requires that the widow shall have been the wife of the veteran during his Civil War service.

The establishment of a $50 rate if the widow was the wife of the veteran during his service in the Civil War emphasizes the principle that proximity of the marriage to the veteran's war service is the standard by which a widow's entitlement is measured. The first service-pension law for widows of Civil War veterans established June 27. 1890, as the delimiting marriage date. In extending this date to June 27, 1905, it would seem that Congress has made a most

liberal application of this principle and that any further extension would result in its nullification.

It is the understanding of the Veterans Administration that all of the States of the Union, the District of Columbia, Alaska, and Hawaii, have provided oldage assistance plans under title I of the Social Security Act of August 14, 1935. It is my opinion, as I pointed out in my letter to you of April 1, 1939, reporting on H. R. 1666, Seventy-sixth Congress, that the Government's plan of social security has an important bearing on the question of the relief of veterans and their dependents, especially as it relates to the granting of service pensions based upon non-service-connected disability or death. In view of the increasingly large number of persons who are now in receipt of pensions from the Federal and local Governments, it would seem that this factor should be considered in connection with H. R. 917.

Since the Government's plan of pensioning Civil War veterans and their widows has been in effect for many years, it is not unreasonable to assume that women who married such veterans many years after the Civil War did so with a knowledge of this well-established pension system, and that they would have no right to look to the Government for a pension on account of the husband's service in the Civil War. It is believed that this also has a bearing upon any proposal to disturb existing standards.

With regard to the matter of cost, the lack of records in the Veterans' Administration makes it difficult to prepare a cost estimate. However, based upon all available records, it is estimated that the change in the marriage date would make eligible for pension approximately 9,900 widows who were married to the veterans after June 1905 and before May 1920, at a cost for the fiscal year 1940 of approximately $4,681,000. Increases would be provided for approximately 1,700 Civil War widows who are now being paid under special acts at an additional cost of approximately $212,000. As to new cases made eligible by the bill, the experience of the Veterans' Administration indicates the probability that not more than one-half would immediately apply for pension. Accordingly, the estimated cost for the first year may be considered a maximum expenditure, the actual disbursements depending entirely upon the rate of filing claims.

For the reasons heretofore enumerated the Veterans' Administration is unable to recommend H. R. 917 to the favorable consideration of your committee. Advice has been received from the Director, Bureau of the Budget, that the proposed legislation would not be in accord with the program of the President. Very truly yours,

FRANK T. HINES, Administrator.

Factors in determining entitlement to pension of widows of Civil War veterans

1 Depending upon rank of veteran.

Widow must have been wife of veteran during the period of his Civil War service.

The CHAIRMAN. General Hines, we will be pleased to hear from you now in regard to the provisions of H. R. 917.

STATEMENT OF BRIG. GEN. FRANK T. HINES, ADMINISTRATOR OF

VETERANS' AFFAIRS

General HINES. Mr. Chairman, and gentlemen of the committee, all of these bills cover a subject that, manifestly, excites our greatest sympathy, one that the Congress of the United States has given most care

ful consideration to in the past, and in their dealing with the problems of the dependents of veterans of the Civil War they have always been generous and considerate.

It will be the purpose of the Administration, that is, the Veterans' Administration, to present the facts, and call attention to some controlling features, which, in my judgment, merit your earnest consideration. Because the report on this bill will cover many of the items in the other bills, and in order that the committee may have a foundation upon which to consider not only this bill, but the others, I am going to take the time, with your permission, to read the report rendered to your committee on H. R. 917 of the Seventy-sixth Congress, entitled "A bill to amend Public Law No. 190 of the Sixty-sixth Congress" [reading]:

This bill is identical with H. R. 8582, Seventy-fifth Congress, upon which a report was rendered to your committee under date of March 18, 1938. It is also identical with H. R. 2208, Seventy-sixth Congress, upon which your committee has requested a report from the Veterans' Administration.

The bill proposes to change the delimiting marriage date from June 27, 1905, to May 1, 1920, for purposes of determining the eligibility of a Civil War veteran's widow to pension under section 4 of the Service Pension Act of May 1, 1920 (38. U. S. C. 288).

Under that act if a widow was married to a Civil War veteran prior to June 27, 1905, and meets the other requirements, she is entitled to a pension at the rate of $30 a month. If 70 years of age or over, she is entitled to the rate of $40 a month under the Service Pension Act of June 9, 1930. A $50 rate is pre scribed by the act of July 3, 1926, if the widow was the wife of the soldier, sailor, or marine during the period of his service in the Civil War. Since the bill seeks to amend only the act of May 1, 1920, the delimiting marriage date of June 27, 1905, would still be applicable for the $40 rate under the act of June 9, 1930.

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. It will be noted that the table shows 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 Rebel lion, and Philippine Insurrection are for application to the laws reenacted by Public, No. 269, 74th Cong.

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 54 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.

The most liberal provision with reference to date of marriage obtains under the general pension law which imposes no restriction on account of the date when the marriage was entered into. It should be borne in mind, however, that

to be entitled to pension under this law the veteran's death must have been due to service. Moreover, since the rate of pension is based upon rank, relatively few widows receive the highest rate of $30 a month.

Under the Service Pensions Acts of May 1, 1920, July 3, 1926, and June 9, 1930, the most liberal marriage date requirement is that prescribed by the 1920 and 1930 acts whereby the marriage shall have been contracted on or before June 27, 1905. Widows in this class who are under 70 years of age are entitled to $30 a month, if otherwise eligible, and to $40 a month upon the attainment of age 70. The 1926 act, which prescribes the highest rate of pension-viz, $50 a monthrequires that the widow shall have been the wife of the veteran during his Civil War service.

The establishment of a $50 rate if the widow was the wife of the veteran during his service in the Civil War emphasizes the principle that proximity of the marriage to the veteran's war service is the standard by which a widow's entitlement is measured. The first service pension law for widows of Civil War veterans established June 27, 1890, as the delimiting marriage date. In extending this date to June 27, 1905, it would seem that Congress has made a most liberal application of this principle and that any further extension would result in its nullification.

It is the understanding of the Veterans' Administration that all of the States of the Union, the District of Columbia, Alaska, and Hawaii, have provided oldage assistance plans under title I of the Social Security Act of August 14, 1935. It is my opinion, as I pointed out in my letter to you of April 1, 1939, reporting on H. R. 1666, Seventy-sixth Congress, that the Government's plan of social security has an important bearing on the question of the relief of veterans and their dependents, especially as it relates to the granting of service pensions based upon non-service-connected disability or death. In view of the increasingly large numher of persons who are now in receipt of pensions from the Federal and local governments, it would seem that this factor should be considered in connection with H. R. 917.

Since the Government's plan of pensioning Civil War veterans and their widows has been in effect for many years, it is not unreasonable to assume that women who married such veterans many years after the Civil War did so with a knowledge of this well-established pension system, and that they would have no right to look to the Government for a pension on account of the husband's service in the Civil War. It is believed that this also has a bearing upon any proposal to disturb existing standards.

With regard to the matter of cost, the lack of records in the Veterans' Administration makes it difficult to prepare a cost estimate. However, based upon all available records, it is estimated that the change in the marriage date would make eligible for pension approximately 9,900 widows who were married to the veterans after June 1905 and before May 1920 at a cost for the fiscal year 1940 of approximately $4,681,000. Increases would be provided for approximately 1,700 Civil War widows who are now being paid under special acts at an additional cost of approximately $212,000. As to new cases made eligible by the bill, the experience of the Veterans' Administration indicates the probability that not more than one-half would immediately apply for pension. Accordingly, the estimated cost for the first year may be considered a maximum expenditure, the actual disbursements depending entirely upon the rate of filing claims.

For the reasons heretofore enumerated the Veterans' Administration is unable to recommend H. R. 917 to the favorable consideration of your committee. Advice has been received from the Director, Bureau of the Budget, that the proposed legislation would not be in accord with the program of the President. I enclose with the report also a table of factors in determining entitlement to pension of widows of Civil War veterans which covers practically what I have just stated on the bill.

Now, Mr. Chairman, there can be no question but what in the consideration of our efforts to care for the widows of men who have served in the Civil War we have the greatest sympathy.

No doubt Congress, in recognizing the higher rate, it is the highest rate of pension paid either for service or nonservice connected, of $50 a month to the widow who was the wife of the veteran when he served indicates that they have a feeling that the Government's obligation goes first to the wife of the man who served, who was his wife at

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