The application on behalf of the children was denied on the ground that the death of the soldier was not due to any cause arising from his military service.  The youngest child will reach the age of 16 in September, 1888.

It is stated in the report of the Senate committee to whom this bill was referred that the second husband, to whom this widow was married in 1876, is now dead, and it is proposed to pension her as the widow of John Leary, her first husband, at the rate of $20 per month.

In the unusual cases when a widow has been pensioned on account of the death of her first husband, notwithstanding her remarriage, which forfeited her claim under the general law, it has been well established that she was again a widow by the death of her second husband, that beyond all controversy the death of the first husband was due to his military service, and such advanced age or disability has been shown on the part of the widow as prevented self-support.

In this case the name of the widow is not in the bill; there is hardly room for the pretense that her first husband’s death was due to his military service, her age is given as over 40 years, and $20 a month is allowed her; being considerably more than is generally allowed in cases where a widow’s right is clear, with no complications of second marriage, and her necessities great.

GROVER CLEVELAND.

EXECUTIVE MANSION, August 14, 1888.

To the Senate:.

I return without approval Senate bill No. 1762, entitled “An act granting a pension to Benjamin A. Burtram.”

The beneficiary named in this bill was mustered into the military service November 26, 1861; he was reported present until February 28, 1862, and was discharged for disability July 26, 1862.

The medical certificate of the disability of this soldier was made by the senior surgeon of a hospital in Louisville, Ky., and stated that the soldier had been disabled for sixty days; that his lungs were affected with tubercular deposits in both, and that there was some irregularity in the action of the heart; that he was of consumptive family, his mother, brother, and two sisters having died of that disease according to his and his father’s account.

It is of course supposed that this certificate was based upon an examination of the patient, though both he and his father seem to have supplemented such an examination with statements establishing a condition and history which operated to bring about a discharge.

I do not find, however, either as the result of examinations or statements, any other trouble or disability alleged than those mentioned above.

But in 1879, seventeen years after the soldier’s discharge, and during the period when arrearages of pensions were allowed on such applications, he filed a claim for pension, in which he alleged that about December 1, 1861, while unloading gun boxes, he incurred a rupture, and that in January, 1862, he was taken with violent pains in left arm and side, causing permanent disability.