101 F. 714 | 4th Cir. | 1900
Judge (after stating tlie facts as above). Section 4716 of the Revised Statutes enacts that “no money on^account of pension shall he paid to any person, or to the widow, children or heirs of any person, who in any manner voluntarily engaged in or aided or abetted the late Rebellion against the authority of the United States.” This, section was codified from the act of March 3, 1873, § 23. This act was entitled “An act to revise, consolidate and amend the laws relative to pensions,” and was a general pension act, granting pensions to the officers and enlisted men, and their widows, children, and dependent relatives, who had served in the military and naval service of the United States, and who had been wounded, injured, or contracted disease in the line of duty. The act was an elaborate general law, of many sections, with provisions for the practical working of the pension department, and providing in detail who were to be benefited, how application for pension was to he made, how granted, and how paid, and general provisions for the punish
This act of June 27, 1890, was a short act, of four sections, the purpose of which was to enlarge the existing acts so as to give a pension to United States soldiers and sailors of the war of the Rebellion who were incapacitated to such a degree as to be unable to earn a support, and also to provide pensions for their widows, children, and dependent parents. It does not in express terms repeal any existing acts, — not even those inconsistent with it. It simply enlarges the class of persons who may obtain pensions, and guardedly refrains from affecting any existing laws with regard to pensions. It is not possible to argue that it covers the whole subject of the prior existing-laws, and was intended as a substitute for them. To contend that the pensions under this act of 1890 were unaffected by the general provisions of the Revised Statutes, providing that pensions could not be attached or assigned or pledged, or that persons presenting false affidavits concerning claims for pensions under that act could not he punished under the sections of the general act, would be a proposition that could not be maintained. It is familiar law that: repeals by implication are not favored (McCool v. Smith, 1 Black, 459-470, 17 L. Ed. 218), and that such an implication arises only where there is positive repugnance between the new law and the old, and then only to the extent of the repugnancy (In re Henderson’s Tobacco, 11 Wall. 652-656, 20 L. Ed. 235; Chew Heong v. U. S., 112 U. S. 536-549, 5 Sup. Ct. 255, 28 L. Ed. 770; U. S. v. Matthews, 173 U. S. 381-388, 19 Sup. Ct. 413, 43 L. Ed. 738; Red Rock v. Henry, 106 U. S. 596-601, 1 Sup. Ct. 434, 27 L. Ed. 251; Appeal Tax Court v. Western Maryland R. Co., 50 Md. 274-296). We can find no repugnancy whatever in the present case. We are without the benefit of any argument or brief on behalf of the defendant in error, and without an opinion of the trial judge giving the grounds of Ms decisions, except the” statement in the order signed by him that the false statement was not material to the inquiry, “in tliat, by implication, section 4716 of the