Show rating on rebel PrIs prisoners oters of r war washington oct 0 9 Asi assistant secre secretary tar y bussey has rendered in tho the cabo of russell 8 cole of company ia first new york veteran cavalry a decision that defines the status of prig pria boners of 0 war who having enlisted in the rebel service in order to ese escape ap imprisonment and return to their tilie til ie r own owl co command amana and make application for pensions the decision rescinds the ruling made by commissioner black may 25 1883 1895 in which the commissioner held that regardless of ot circumstances circum and of motives motive a prisoner of war eo so enlisting in abo t 0 rebel r 1 5 bel service bervice even as a device of e escape c a po from starvation and ment should be held as having voluntarily a aided I 1 in a the rebellion and thai thus de barred from pensions after presenting 0 ting the foil full legal aspects of the au question e 1 ti on the assistant secretary says th the d department depart mint must ba be controlled in all cases coming before it for the fundamental rule that the rights of the soldier aud and citizen alike can never bo be taken away nor forfeited except by the express terms of law the actual and obvious meaning in g of which should betoken betaken be taken without resort to a subtle and forced construction st I 1 respectfully overrule the former decision of your office and grant the pension sou sought 11 1 |