EXECUTIVE MANSION, _June 22, 1886_.
_To the Senate_:
I hereby return without approval Senate bill No. 2025, entitled "An act
granting a pension to James Butler."
This claimant was enrolled as a private in a New Hampshire regiment
August 23, 1864, but on the organization of his company, on the 12th day
of September, 1864, he was discharged on account of a fracture of his
leg, which happened on the 11th day of September, 1864.
It appears that before the organization of the company to which he was
attached, and on the 10th day of September, he obtained permission to
leave the place of rendezvous for the purpose of visiting his family,
and was to return the next day. At a very early hour in the morning,
either while preparing to return or actually on his way, he fell into a
new cellar and broke his leg. It is said that the leg fractured is now
shorter than the other.
His claim for pension was rejected in December, 1864, by the Pension
Bureau, and its action was affirmed in 1871 upon the ground that the
injury was received while the claimant was on an individual furlough,
and therefore not in the line of duty.
Considering the fact that neither his regiment nor his company had at
the time of his accident been organized, and that he was in no sense in
the military service of the United States, and that his injury was
received while on a visit, and not in the performance of duty, I can see
no pretext for allowing a pension in this case.