The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-06-01
THE DAILY UNION


and fever produced by marshy exhaatOns ia garrison
He also suggests several Of the phosophc elements Of
The question lie says truly that the eonneron between
the cause and need always be drc, or In
Simultaneous in the specified 1t snce hs says
if the disability "be plainly, though remotely the incident
and result Of the military profession He rightly assumes
that the performance duty may be received the org
nal cause Of disability in cases where il Is not
the proximate cause lie explains that 1t Is not neees
sary that the casualty disease should be in is nature
"peeuliaI 10 the employments Of military men, IL may be
loss Of eyesght oseasoned by exposure consumption
the result OF cold aggravated by the abor and hazards
of the profession palsy attributable TO the change OF
habits in the transition from civil to military life These
are cases he says Of disability in the line Of duty though
they might happened to the party in any other ooeu
patton.
have thus brought forward all the cases which Mr.
Rush specifies aud upon aud there not one OF
them repeat which has not relation Of consequence or
effect either remote proximate TO the performances Of
military duty.
Mr. Rush does it is true in the Of this opinion
employ some expressions which, they stood alone might
wear the appearance Of undue generality Bat these ex
pressions construed have by the examples
be gives to eluedate his meaning and also by their rea
ton to the different branches Of the subject The latter
qualification applies to the remark he makes that perna-
disability arising in the service TO DC regarded
prima acie disability within the statute, which is
point Of the question of evidence merely and also to the
remarks he makes the meaning of the phrase line OF
duty
AS TO this Mr. Rush frankly admits the difficulty he feels
lin fixing by an underwriting standard what is meant by
being line of duty and proceeds TO state that he pre-
sames that every officer in full commission and not on
furlough be considered in the line Of his duty al
though the moment particular active duty de-
voved upon him and "he of soldier Tor sailor)
who kept in pay = which definition he afterwards quali-
es by introducing the exceptions Of voluntary absence
from duty and Of ycous unjustihabe conduct while
on duty This definition fails satisfy my mind does
Of Mr. Ewing by Of its regarding the slime
OF duty absolute status Of the party in service when
it is in truth relative certain specific legal con-
ditons / shall suggest presently my own definition OF
this phrase and show wherein il differs from that of Mr.
Rush aud Mr. Ewing
This examination of the opinion Of Mr. Rush has been
made in the spirit of criticism but in that OF sincere
purpose what is the substantive doctrine to which
he arrives which doctrine explained by his own exam
plies of its application, is also my docrnenamely that
the cause of disability Cor of deah upon which pension
depends be connected by line of eo-liga
ton with the performance of duty of official profess
siona nature
with the proposition that the true meaning of the
phrase slime of duty in the statute the same whether
the cause Of disability of death to be considered is
wound, casualty, injury, disease The phrase
stands the relation OF and of construction
to and all of these contingencies Whatever is Of the
of Slime Of duty in any of these cases is so in
the others Ofcourse it being established admitted that
swound" death by personal violence, in order to be-
come the foundation of pension must have logical toreia
ton with military duty must be so in the case of casu
atty" and of "dsease"
}, think, however that critical examination of the
statutes the same conclusion disease would have
be admitted that the sole form Of casualty set
down in the statutes, and that aid of construction
listed in the of other assigned causes of disability
or death
Suppose the language of the law to be this, and
more-adisease contracted while in the line of duty
what would be the reasonable intcndment such Ian
guage7 We may feel way to its true import in the
first place. by excluding that which il clearly does not
say signify
does say discase contracted while in the service
and therefore co-extensve with the sau, Of
officer commission, enlisted soldier sailor,
i rine.
1t does not say adisease contracted while in active
vice. and therefore designed to raise the question of
whether furlough, or leave of absence, or not
1t does say disease contracted while on duty" and
is therefore, independent of the condition of watch
! deck turn of detail in camp or garrison.
1t does not say ny disease the consequence of mis-
conduct and if that had been the category contemplated
by the legislator he would have propounded it in simple
RI and apt phraseology
What the statute propounds the basis of pension
not any of these things very different one and that
announced precise language having Specification Of its
own--namely disease contracted while in the line of
duty II would have answered merely to say in
vice. for that would have made the right of pension
extensive than the right of pay in all circumstance
to comprehend only deaths Of private msadvenure
but the of crminality suspension
der sentence Nor would il have been satisfactory say
active service for that is descriptive only of the orders
under which the party happen to be- and affords
sufficient indication of what is the the quality Of
his acts Nor would the wise intentions Of the law have
been fulfilled by merely saying while duty for,
one hand party though duty, might contract disease
or his death by vice crime and, the other
hand although duty, although furlough, leave
Of absence in arrest under sentence and punishment for
breach of duty civil military yet in all these conditions
his general mry obligations continue in full force and
he has the faculty and may have the occasion, any of
these conditions perform acts Of pure military duty and
in performance thereof incur disease DEATH in cir
cumsances devolyng his widow children the high
moral and the amples legal right Of pension allowance
Instead of any of these imperfect expressions the statute
employs phrase which definite though comprehensive
the line of duty He who contracts disease dies in
consequence Of the ordinary performance Of his military
duty or in the performance Of any special Of military
duty whether at the moment Of performance he
duty OF duty active 1rlough of habits
yruous habits vicious CALAMITY fighting his countrys
enemy expang offence in the guardhouse prison
bayhe say who, in these any other circumstances
disease in the performance Of act Of duty