New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-06-20

hare made was OF one Joseph A. Black Tall and robust
on entering the service. before the close Of the war no
received a she'll wound OF the head crushing ihrso
part OF his skull upon his BRAIN so that piece au
and half long by inch wide had TO be removed m'
of course barely escaped with his 'ife ana some per
hans think he might almost better have died. for ne was
left palsied side from head TO foot tne paapss
mainly affecting this arm aud Leg In May 1850, ts
aiming surgeon certified that he was totally disabled
for obtaining his subsistence by manual IaDo &
has been extensive fracture OF the right paretal Done
There is general paralysis (pasy) OF one side. IN
October. 1872 another surgeon gives snostansy 5o
description paralysis O 1917 sur VI puy
loss OF power left aud hand loss OF sensaoh VI
left foot drags 1t III walking; permanent, anu no.
caused prOracted by vicious habits Ihe surgeon ~
March, 1878 gave same descriptions as above partial
paralysis left side OF the body loss OF power III arm
and hand; drags left leg in walking Iheh the CASE
came up finally for It's award .u,t
The reader would naturally say, man totally as
abed and parayzed as the one described wouu re-
aure personal attendance and 80 should nave tne ~
per from 1856 to 1872 and 81 % Thereafter; ior
he require such regular Attendance ~ 10 ehll
him to that certainly entitled TO the $40 provided
by law from 1906 for those unable to do any manuai
Neither OF these eminenty Just awards are mane
Instead the Medical Referee. TO be sure ana nOt give
much allows the man only the lowest ratc pIoVloeu
for the third section, namely SO per month Ilom
June g. 1866. WhereupOn Gen Baker comes down upon
him for allowing this modicum Of justice ana
sends the back with the laers award scratchei
out thus deprvng the poor man or nearly seven years
arrears of increase due him allows this same loves.
rate OF SIS from March, 1873 instead OF from e Garner
date OF June g. 1866 den,eS OF ,cr - ac
ton 10y Commissioner puts HIM entirely at sea as
how to transact further business FOR he acted a.
accord with the specific laws gwen to guide him. lie
therefore the Chief OF the Invalid DIVISION JON man
IN letter to the Commissioner. asking upon what me
latter his Dlscd MS reVeIsIl vi tic .'iU'' " g. a.
If such action on their part III tue ut re Is
he in accord with his denial OF the arrears 81 Increase
in TINS case and such construction or law or lnsiruc-
ions shall give them the authority of his ruling ior
action Gen Baker therefore refers them 10 me
last proviso in Section Act OF March g. 1s73 which he
constructs "A ruling called Ruling No 3d. 50 as TO JUSTIFY
the future In this he deprived single invalid
pensioner OF 500, which the award of the Medic 81
win Isl a
and fourth sections OF the law would have allowed MN
ON the strength OF many such Facts as THESE paiea Tue
that the effect OF Cen Bakers use OF the last
poviso Of Section was to deprive soldiers OF Arrears OF
one more statement will be sufficient for letter al
ready long. Justice" says - 10 has long since
been decided by the Interior Department ana prac
tice as coniorcd that decision, that the proylso To
the fourth section relates only 10 that o. when part
and has no bearing upon the third section OF same act
Tue facts given the poor soldiers case have shown
that practice has not concerned 70 hi, decision ihe
following extract, from letter of the Medical Referee
on thai subject, gives urer denial to the assumption
OF Justice, ana shows definitely the relation hat Tue
pIoviso has toward neutidlzng the third as well as
fourth sections:
DEPARTMENT OF INTERIOR, PENSION OFFICE.
MAsHINGTON. ID. G.. Apul -, 1874.
DEAR SIR: have the honor to acknowledge The re-
cent If your letter the 22 asking my opinion
O. esrt of March Gi ls7s First as to the
effect o the third asD proviso of the ourth section OF
that provso practically annu much OF the section in
which 1t ot the previous third section re-
third section relates TO disability dates amounts.
provided thar for the period commencing June g. 1906
ana ending jane 3, 1872 al persons suffering certain
disabilities their equivalent in relation to manual LABOR
should be paid sach and such amounts. TIE same -
true major part of the fourth section. date OI
commencement i nXed.
date OF commencement ia also fixed by the proylso,
via the date OF examining surgeons certificate. Here
ID seems to is contradiction. II may very wei he
that disability existed In the degree requiring regu
aid aud from and after June 8, 1865, aud
that the examining surgeons certificate shall bear
much later date. winch shill guide The body OF the
law section proyO. That the question shall arise
seems to me Inevitable.
After his experience with Gen. Baker It would appear
So especially in answer To the question when snail
guides Gen Baker decided that the prOylsO and not
the body of the law shall be controlling, rs IN the case
already instauccd.
have student OF science TOO long to allow my
self gye take heursly TRUTH OF accept or state
anything material fact except on the evidence OF nv
senses. | trust the would be defender of the Pension
bureau Will school himself 10 do likewise, before upOl
such lnlsy and untenaDe grounds as IN his un,ouud
letter here answered, again calls Into question the
statement. OF ElUITI.
Washington, June 10. 18Th