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CHAPTER 64

An Act for the benefit of the indigent and disabled soldiers of the late war between the States, and to fix the fees of attorneys or agents for procuring such pensions, and fixing a penalty for the violation of the same.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That the Comptroller, Attorney-general of the State, and three ex-Confederate soldiers, to be suggested by the Tennessee Division of the Confederate Veterans, appointed by the Governor, and hold their offices for two years, without pay, shall constitute the "Board of Pension Examiners," who are invested with the full power and authority to hear and determine all applications for pensions under the provisions of the Act, and to prescribe such rules and regulations touching such applications at such times as they may deem necessary for the proper conduct of their business as such board; and to hear evidence touching such application, at such times and places, and in such manner, as they may desire; and to allow or refuse pensions according as justice and law may require. They are invested with full power over the entire pension roll at all times, and it is their duty to strike from the roll such names as may be improperly there, after proper notice and hearing. Their decision shall be final.

SEC. 2. Be it further enacted, That only disabled soldiers, Federal and Confederate, that enlisted from the State of Tennessee in Tennessee regiments, or citizens of this State at the time of their enlistment in regiments of other States, are now residents of this state; or citizens who enlisted in Tennessee or other States, but who are now and have been citizens of this State for one year, shall be entitled to the benefits of this Act; and they must be bona fide residents of the State at least one year before making their application for pension; and their characters as soldiers must have been free from dishonor. and it must appear that they are not pensioners entitled to pension under the laws of the Federal Government or of any other State, and that they are not already in possession a competency -- the object of this statute being to provide for the indigent and disabled.

SEC. 3. Be it further enacted, That the rates of pensions to be paid under this Act shall be as follows:

  1. For total disability, such as the loss of both arms, both legs or both eyes, or the use of the same either in battle, skirmish or on picket, or from sickness, exposure or other injuries received during the war, in prison, or on the way home, $25 per month.
  2. For partial disability, such as the loss of one leg and one arm, either in battle, skirmish or on picket, or one of the aforesaid limbs lost in battle, or skirmish, or on picket, and the other so disabled as to since render it useless or made amputation necessary, $10 per month.
  3. For smaller disability, such as the loss of one leg or one arm, or the use of the same, either in battle, skirmish or on picket, or in prison, $8.33 1/3 per month.

The Board of Pension Examiner shall pass on all applications, give their approval before a pension shall be granted; when granted, the Comptroller shall issue his warrant quarterly to the pensioner for the amount of the pension, the Treasurer, who shall pay the same out of any moneys not otherwise appropriated.

SEC. 4. Be it further enacted, That no pension shall be allowed to any one unless it shall clearly appear that his disabilities resulted from some injury received while engaged in the military service, and while in the line of duty, or in prison.

SEC. 5. Be it further enacted, That the pensions allowed under this Act shall be paid quarterly; and that no arrears shall be allowed beyond the date of making application, and in no case for more than one year. If, from inheritance or otherwise, andy pensioner shall  acquire a competency sufficient  for his support, cease to be a resident of the State, or die, it shall be the duty of the board to strike such pensioner from the pension roll.

SEC. 6. Be it further enacted, That the Board of Pension Examiners shall keep a book in which shall be recorded the names of each pensioner, company and regiment, date, place, and nature of wound received, date and place where paroled or discharged, date of granting the amount of pension.

SEC. 7. Be it further enacted, That it shall be the duty of the board to fix the fees of attorneys prosecuting application for pensions, which shall in no case exceed $10, which shall be paid directly to the attorney.

SEC. 8. Be it further enacted, That it shall be a misdemeanor punishable by a fine of not less than $500 and imprisonment not less than ten days, for any person to contract for or receive, directly or indirectly, more than the legal fees for prosecuting pension claims under this Act. The grand jury are given  inquisitorial power over this offense, and the "Board of Pension Examiners" are required to investigate such matters, and have them brought before the courts.

SEC. 9. Be it further enacted, That the Board shall have power, with the consent of the Trustees, in case of applicants  having no families, to allow them a support in the Confederate Soldier's Home in lieu of a pension.

SEC. 10. Be it further enacted, That it shall be the duty of the Board to withhold pension from any pensioner who may habitually waste the State's bounty in dissipation or other dishonorable manner.

SEC. 11. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring  it; and that all former laws  on the subject of pensions be and the same are hereby repealed.

Passed March 10, 1891.

THOMAS R. MYERS
Speaker of the House of Representatives
W. C. Dismukes
Speaker of the Senate

Approved March 12, 1891.

JOHN P. BUCHANAN,
Governor

 

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Tennessee and the Civil War Pensions Project

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