obstruct or molest any lawful pensioner of the United States in the peaceful use and enjoyment of a pension, upon any pretext whatsoever (excepting only the duly authorized officials lawfully executing the provisions of section forty-seven hundred and thirty-nine of the Revised Statutes or otherwise acting upon authority or instructions of the Secretary of the Interior) shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding $500 and the costs of the prosecution for each and every offense; and it shall be the duty of the Commissioner of Pensions to transmit to every pensioner of the United States a copy of this act, in such manner as the Secretary of the Interior may direct."

PENSION MONEY, WHEN NOT EXEMPT FOR DEBTS, LIABILITIES, TAXES, ETC., BY ATTACHMENT OR SEIZURE.

Section 4747, United States Revised Statutes, provides "That no sum of money due, or to become due, to any pensioner shall be liable to attachment, levy, or seizure by or under any legal or equitable process whatever, whether the same remains with the Pension Office, or any officer or agent thereof, or is in course of transmission to the pensioner entitled thereto, but shall inure wholly to the benefit of such pensioner." This statute does not protect pension money after it has been received by the pensioner, or is deposited in a bank to his credit, by decrees in the courts of the following States, to wit, Maine, Massachusetts, Vermont, New Jersey, West Virginia, Kentucky, Indiana, Kansas, Ohio, and Tennessee. (Contra, Pennsylvania and Wisconsin.) The United States Supreme Court also decrees that pension money is liable to seizure as opportunity presents itself.

Maine-The Supreme Court of Maine Decree.-"When the pension check has come into the hands of the pensioner it is then at his free disposal, and its proceeds are liable to attachment, unaffected by section 4747, United States Revised Statutes." Crane v. Linneus, 77 Me. Rep., 59.)

Missachusetts.-Pension money deposited in a bank in the name of the wife of the pensioner is the property of the pensioner and liable to attachment by his creditors. Supreme Judicial Court, Spelman v. Aldrich, 126 Mass. Rep., 113.) Pension money is liable for pensioner's debts. (Kellogg v. Waite, 12 Allen's Mass. Rep., 529.). Vermont.-Pension money deposited in a bank is attachable for the pensioner's debts. (Martin v. Hurlburt and the Rutland Savings Bank, 60 Vt., 364, Supreme Court.)

New Jersey.-Pension money, after it has come into the hands of the pensioner, is liable to seizure like any other funds of the pensioner. (Jardain v. Fairton Savings Fund, 44 N. J. Law Rep., 376.)

West Virginia. Pension money not exempt from execution for debts of pensioners. McFarland v. Fish, 34 W. Va. Rep., 548; Bank of Kingwood v. Murdock, 48 W. Va., 301.)

Kentucky.-Pension money is not exempt from liability for the pensioner's debts after it reaches the hands of the pensioner. (Johnson et al. v. Elkins, 90 Ky. Rep., 163.) Pension subject to garnsihment for the debts of the pensioner unaffected by the Federal statute. (Robion v. Walker, 82 Ky. Rep., 60.)

Indiana.-Pension money received by a debtor as a pension from the Federal Government stands upon the same footing as any other money he may have and is liable for his debts. (Faurotte v. Carr et al., Supreme Court, 108 Ind., 124.) Property purchased with pension money is liable to sale on execution. (Cavanaugh et al. v. Smith 84 Ind., 380.)

Kansas.-The Federal statute only protects pension money in transit. When the proceeds are in the hands of the pensioner it is subject to attachment. (Cranz v. White, 27 Kans. Supreme Court Rep., 319.)

Ohio.-Under section 4747, Revised Statutes of the United States, pension money is not exempt from liability for the pensioner's debts after it has come into his hands. There is no statute in Ohio exempting pension money in the hands of a pensioner from liability for his debts. (Fulwiler v. Infield, 6 Ohio Circuit Court Rep., 36.)

Tennessee-Decree.-That section 4747, United States Revised Statutes, deprives the pensioner of the protection under the Federal statute after the pension money has passed into the hands of other parties. (Pague v. Gibson, Supreme Court, 73 Tenn. Rep., 173.)

Pennsylvania.-Although there is no local statute exempting pension money in the pensioner's possession, the supreme court of the State decrees that, though a pensioner has deposited his pension draft in a bank and the proceeds placed to his credit subject to his check, the proceeds are not subject to attachment. Dictum of the court: "I feel very certain that the act of Congress (section 4747) meant to exempt pension money, or property representing pension money, in whatsoever form, in the hands of the

pensioner, from liability for his debts; the declaration that it 'Shall inure wholly to the benefit of such pensioner,' following so closely upon the direction that it shall not be liable to attachment, indicates that its appropriation against the pensioner's consent to the satisfaction of his debts was not regarded by Congress as a disposition of its inuring to his benefit upon the principle noscitur a sociis. Hence that declaration is, to my mind, an unmistakable and emphatic exemption of it from liability to attachment by his creditors." (Rieff v. Mack, 160 Pa. State Rep., 265.)

Also, where a pensioner of the United States received a check for $1,642.60 (accrued pension for wounds), indorsed it and gave it to his wife, who drew the money and applied it to the purchase of real estate, taking title in her own name, said real estate is not liable to seizure and sale for the husband's debt upon a judgment rendered prior to the receipt of the pension money. (Holmes v. Tallada, Supreme Court, 125 Pa. State Rep., 133.)

Wisconsin.-Pension money remaining in the possession of the penisoner can not be seized on process against him for debt. (Section 4747, R. S. U. S., exempts the debtor.) (Folschow v. Werner, Supreme Court, 51 Wis. Rep., 85.)

The Supreme Court of the United States in 1901, on an appeal from "Error to the Supreme Court of Pennsylvania," upon section 4747, Revised Statutes, decree: "The statute quoted protects pension money only while in the course of transmission to the pensioner, but when the money has been paid to him it has inured wholly to his benefit and is liable to seizure as opportunity presents itself." Opinion by Mr. Justice McKenna.

The court was divided. Justices Shiras, White, and Peckham dissented. tosh v. Aubrey, 185 U. S. Rep., 122.)

(McIn

This decree of the highest court in America finally determines the qusetion excepting only in those States where local statutes have been enacted to protect pension money, and in several States such legislation is broader and more stringent than the Federal statutes. This is notably so in New York, Connecticut, Iowa, Nebraska, Colorado, Oklahoma, and Washington State, and partly in Kansas.

New York. Section 1393, Code of Civil Procedure, provides that "A land warrant, pension, or other reward heretofore or hereafter granted by the United States for military or naval services, a sword, medal, emblem, or device of any kind, presented as a testimonial for services rendered in the military or naval forces of the United States, or a State, and the uniform, arms, etc., used by a person in that service are also exempt from levy and sale by virtue of an execution, and from seizure for nonpayment of taxes or in any other legal proceeding, except that real property, purchased with the proceeds of a pension granted by the United States for military or naval services and owned by the pensioner or by his wife or widow, is subject (only) to seizure and sale for the collection of taxes. (In effect from Sept. 1, 1896.)

The validity of section 1393, Code of Civil Procedure, has been affirmed by the highest appellate court in the State, the Court of Appeals: Yates County National Bank v. Carpenter (119 New York Rep., 550-556). Again, in New York, the Supreme Court on section 1393 of the Code, dictum: "The object of this section of the Code is to secure the pensioner in the use and enjoyment of this gift of the Government and to prevent his creditors from taking it away. If, like a prudent man, the pensioner places his money in a bank where it will gain a little interest, it would be most unjust to make this act the ground of depriving him of that which the State intended that he should keep and enjoy." (Stockwell v. National Bank of Malone, N. Y. Supreme Court, 36 Hun., N. Y. Rep., 583.)

Iowa.-This State has enacted exceptionally stringent laws to protect pension money. The Code provides that "All money received by any person resident of this State as a pension from the United States Government, whether the same shall be in the actual possession of such pensioner or deposited, loaned, or invested by him, shall be exempt from execution or attachment or seizure by or under any legal process whatever, whether such pensioner shall be the head of the family or not." (Sec. 4305, McClain's Code, and chap. 23, Laws of 1884.) The proceeds and accumulations of pension, money exempt from seizure. (Diamond v. Palmer, Supreme Court, 79 Iowa Rep., 578.) Section 4010, Iowa Code: Exempts real estate purchased with pension money, or the accumulations thereof, and the Supreme Court decrees that "Land purchased by the wife of a pensioner with the proceeds of pension money, is exempt from execution and levy for the pensioner's debts." (Farmer v. Turner, 64 Iowa, 690.) Also real estate purchased by a pensioner with pension money is exempt from levy and sale under execution (overruling prior decision); (Supreme Court, 81 Iowa Rep., 344). And "Property purchased by a pensioner with his pension money is exempt from the payment of his debts, and if he gives the money to his wife and she buys property with it, such property in her name is also exempt from the pensioner's debts." (Marquardt v. Mason, Supreme Court, 87 Iowa Rep., 136.)

Connecticut.-Section 907 of the General Statutes, exempts all pension money in the possession of the pensioner, from attachment or execution. (Price v. Society for

Savings, Supreme Court, 64 Conn. Rep. 362.) And by section 2315, the property of soldiers and sailors pensioned for wounds is exempt from taxation up to $3,000; other Civil War veterans up to $1,000 exempt.

Nebraska.-Civil Code, section 1530: That in addition to the exemptions now provided for by the Code of Civil Procedure, there shall also be exempt from levy and sale upon execution or attachment to every resident of the State of Nebraska, who became disabled in the service of the United States as a soldier, sailor or marine, all pension money hereafter received, and all property hereafter purchased exclusively therewith, not exceeding $2,000 in value (sec. 531B, Code of Civil Procedure.) (Dargan v. Williams, 66 Nebr., 1.)

Colorado.-All money received by any person resident of this State, as a pension from the United States Government, whether the same shall be in the actual possession of such pensioner or deposited, loaned, or invested by him, shall be exempt from execution or attachment or seizure by or under any legal process whatever, whether such pensioner be the head of the family or not. (Sec. 3631, Rev. Stats., Colo.)

Oklahoma. "There shall also be exempt from levy and sale upon execution or attachment to every resident of this State who became disabled in the service of the United States as a soldier, sailor, or marine, all pension money hereafter received belonging to such soldier, sailor, or marine." (Sec. 3352, Laws of Okla.)

Washington.-"All money received by any citizen of the State of Washington as a pension from the Government of the United States, whether the same be in the actual possession of such person or be deposited or loaned by him, shall be exempt from execution, attachment, or seizure by or under any legal process whatever." (Sec. 566, Remington & Ballinger's Annotated Codes and Statutes of Washington; and see also Laws, '90, p. 88, sec. 1, and H. C. sec. 487.)

Kansas.-The Code provides, "That the money that may have been received by any debtor as pensioner of the United States, within three months next preceding the issuing of an execution or attachment or garnishment process, can not be applied to the payment of the debts of such pensioner, when it is made to appear by the affidavit of the debtor or otherwise, that such pension money is necessary for the maintenance of a family supported wholly or in part by said pension money. The filing of the affidavit by the debtor, or making proof as above provided, shall be prima facie evidence, and it shall be the duty of the court, in which proceedings is pending, to release all moneys held by such attachment or garnishee process, immediately upon the filing of such affidavit, or the making of such proof." (Sec. 3092, Gen. Stats., Kans.).

The Kansas statute above quoted has been very severely criticized, and justly so, for the reason that, while it is nominally intended to protect a pensioner, the language of the statute suggests and promotes litigation, and the average pensioner, unless he be a "person learned in the law," must, of necessity, employ counsel to defend himself from the loss of his pension money. This often involves expense and tedious delays while the pension money is tied up, and the pensioner deprived of its benefit. Again, the pensioner must have a family to support out of the pension money; no matter what his own necessities are, he himself is not entitled to exemption. It has been well argued that the statute creates an unjust discrimination. It should be amended or repealed.

Revolutionary War pensions.-An absolute exemption from attachment, levy, or seizure was granted by Congress to the officers, soldiers, sailors, and widows of the same. In the act of May 15, 1828, granting full pay to certain survivors of the War of the Revolution, section 4 of said act enacts that the pay allowed by this act shall not be liable to attachment, levy, or seizure by any legal process whatever (4 Stat. L., 270); and also by "An act supplementary to the act for the relief of certain surviving officers and soldiers, etc., of the Revolution, granting full pay for life." Section 3 enacted that the pay hereby allowed shall not be in any way transferable or liable to attachment, levy, or seizure by any legal process whatever, but shall inure wholly to the personal benefit of the officer, noncommissioned officer, soldier, etc., entitled to the same. (Approved June 7, 1832, 4 Stat. L., 539).

The Supreme Court of North Carolina, citing the act for the relief of certain widows of officers and soldiers of the Revolutionary Army, in Powell v. Jennings, decree by Chief Justice Nash, "The object of the act can not be mistaken; it was to secure to the widows of those, by whose sufferings and valor, the liberties we are now enjoying were secured-a provision for the few years they remain here. So anxious were they (Congress) to effectuate this purpose that they exempt the pension from any liability to the debts of the pensioner. The act being for the protection of those who are poor and needy, should receive a construction as will carry out the benevolent intention of the donors of this bounty, such a construction as is consistent with the words, and as will suppress the mischief-the mischief of preying upon the necessities of the poor." (48 N. C. Supreme Court Rep., 547.)

In February, 1836, the Supreme Court of Vermont (on appeal from a county court) held, that "a pension (it is well argued) is a gratuity from the Government, and is intended for the support and comfort of the pensioner, and creditors have no equitable claim to the same." This referred to the acts above cited, Revolutionary War pensions (Adams v. Newell, 8 Vt. Rep., 190.)

The United States Supreme Court, in Walton v. Cotton et al., citing the act of June, 1832, above quoted, and the act of July 4, 1836, giving half-pay pensions to certain widows of the Revolutionary War (Mr. Justice McLean delivering judgment); "A pension is a bounty of the Government arising from personal considerations of gratitude for services rendered, and is not liable to the claims of creditors. There can be no doubt that Congress had a right to distribute this bounty at their pleasure, and to declare that it should not be liable for the debts of the beneficiaries." (19 Howard, U. S. Sup. Ct., 355.)

In addition to the exemption declared by North Carolina, it is shown by the foregoing decrees that both the Supreme Court of the United States and the Supreme Court of Vermont held, that the Revolutionary War pensions were exempt from seizure and the pensions of the Civil War veterans and their widows are not exempt. The services of the Civil War veterans and the spirit of State and congressional legislation for their protection in their old age assuredly forbids the unjust discrimination against them in respect of the inviolability of their pensions. Great hardship and distress in numerous, almost countless, instances have occurred and are still occurring where pension money awarded by the Federal Government and Congress to deserving war veterans and their widows has been lost to the pensioners. Cases have been reported where pension money (in various States of the Union) has been attached for debt and taxes, to await the result of tedious and expensive litigation. Assurances, however, have been quite recently given by members of both the Senate and House of Representatives that further legislation will be enacted to extend the same measure of protection to the veterans and widows of veterans of the Civil War, and Mexican, Spanish, and Indian Wars, etc., that have been granted to the survivors and widows of the War of the Revolution; and in view, therefore, of the expectation that Congress will respond to our appeal, the statement of facts and laws applicable thereto herein set forth have been compiled, and we ask all surviving comrades whom this statement shall reach to promptly respond. If a few of the organizations will assist, then the closing session of the Sixty-fourth Congress should see a measure of protection and relief on the statute books.

PENSION MONEY PROTECTED IN EUROPEAN COUNTRIES.

An examination of all the codes of the principal nations in Europe prove that with one solitary exception only, every Government has enacted in some measure that pensions to survivors of the military and naval forces and their widows are exempt from seizure or attachment for the debts of the pensioners in the following-named countries: Great Britain and Ireland, France, Belgium, Italy, Spain, Austria-Hungary, Germany, and Switzerland (Holland only excepted). The following is an act of the British Parliament, enacted August 1, 1807, entitled "An act for the more convenient payment of half-pay and pensions to officers and widows of officers, etc.":

"SEC. 5. And be it further enacted, That all and every such sum or sums of money, to be paid under the provisions of this act, shall be fully and completely paid to the person in whose favor they shall so respectively be drawn or made payable without any deduction or abatement, or any fee or reward whatever, under any pretense whatsoever; and every person detaining or withholding any part thereof, under pretense of privilege or usage of office, shall for every such offense forfeit and pay the sum of £50, to be recovered with treble costs of suit by any action of debt, bill, plaint, or information in any of His Majesty's courts of record, one-half of which shall go to the person injured and the other half to the person who shall sue for the same (Statutes at Large, United Kingdom of Great Britain and Ireland, 47 George III, session 2, chap. 25).

Under the foregoing act pensions are exempt from process to recover on debts due by a pensioner. (See Lloyd v. Cheetham, 3 Giffard's Chancery Reports, 171.) Cheetham was formerly an army captain, and was granted a pension for wounds and service at the rate of £220 sterling a year, and Loyd, a creditor, proceeded in chancery to attach the pension in the pensioner's possession. The action was dismissed with costs in the High Court of Chancery, under the act of Parliament quoted above.

The laws of the European countries (in addition to Great Britain) exempting pension money from process after it has reached the hands of the pensioner are generally confined to certain restrictions in levying an execution of judgment. The pension laws themselves usually end with the provision for payment to the pensioner. The fate of the pension money, the restrictions as to its attachments and its er emptions

from levy are provided for generally in codes of civil procedure and in special laws governing the subject. The search made among the laws of the European countries reveals the following special provisions within the respective countries mentioned.

ITALY.

Section 591 of the Codice di procedura civile provides that the stipendium and pensions owed by the State can not be seized except in the cases and in the manner provided by special law.

The law of July 7, 1902, No. 276, relating to the nonsequestrability of pensions, provides (art. 2) that only one-fifth of the pension can be seized where the debt owed by the pensioner is due to the State (for imposts, or taxes, or for other debt), and one-third where the debt arises out of the obligation of family support of the pensioner, but that in both cases the amount subject to attachment can not exceed onehalf of the pension. Article 3 provides that those receiving a pension in excess of 100 lire per month can not assign more than one-fifth of their pension income, nor for a period of time greater than five years.

SPAIN.

Article 1447 of the Ley de enjuiciamiento civil of February 3, 1881, shows that in Spain pension moneys are not entirely exempt from levy on execution of judgment. The order of execution shall cover, first, specially mortgaged property, money, public securities, jewelry, liquid credits, products and rents, live stock, personal property, real property, and it is then provided that salary or pensions may be levied. upon; that is to say practically all other property must be exhausted before the pen

sion is seizable.

Article 1451, however, makes the special provision that in cases in which a pension is to be attached only one-fourth is attachable if it is less than 2,000 pesetas per year, one-third part if from 2,000 to 4,500 pesetas, and one-half if it exceeds 4,500 pesetas

a year.

SWITZERLAND.

Article 92 of the Bundesgesetz über Schuldbetreibung und Konkurs of April 11, 1889, which relates to the exemptions from levy on execution of judgment, provides in section 8 that the pension of a citizen or his heirs where he has been pensioned for accident either in the federal or cantonal military and police service is exempt. Article 93 provides that pension income (besides other forms of income, specially mentioned) shall be exempted by the sheriff to the extent that it is absolutely necessary for the immediate support of his family.

Article 15 of the federal law of June 28, 1901, provides that pension money for military service can not be seized, sequestered, nor compromised within the funds subject to bankruptcy; the right to these pensions can not be assigned nor pledged; there can be no action against them.

AUSTRIA.

Section 1 of the law of April 21, 1882 (Reichsgesetzblatt, 1882, p. 487), provides that all persons deriving an income from the State, which includes persons drawing military pensions, shall have 800 florins per year of this income free from levy on execution of judgment. This provision relates to the permanent annual incomes.

Section 3 makes provisions for certain special payments made to the persons provided for in section 1, derived from various funds, sickness, invalidity, etc., and provides further that these latter special sources of revenue shall be free from all levy on execution.

Hungary practically the same as in Austria.

GERMANY.

Germany makes a difference between the pensions of officers and privates. Article 850 of the Civilprozess-Ordnung provides exemption from execution for the following: The pensions of widows and orphans, and the income of army officers, military physicians, and other officers, and the pensions of these persons after their retirement from the service, with the proviso that if the pension exceeds 1,500 marks per year the third part of the excess may be levied against.

Section 40 of the act of May 31, 1906, making provision for the support of soldiers, provides that these moneys shall be free from execution. This section covers those who have left the service, if their capacity is diminished wholly or by 10 per cent in consequence of an injury incurred in the service.

From a note to section 8501 conclude that pensions of all kinds are only subject to levy or attachment to the extent that they exceed 1,500 marks per year.

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