New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-06-19
REVISION OF PENSION LAWS.

REVISION OF PENSION LAWS
EFFORTS TO CORRECT RULING OF THE PENSION
BUREAU WITH REFERENCE TO INCREASE OF
PENSION IN CASE OF INCREASE OF DISABILITY
DANGER THAT PENSIONERS MAY BE WRoNGED
BY MISTAKEN LEGISLATION.
lBY TELEGRAPH TO THE TRIBUSR.l
WASHINGTON. June 1s.-Early during the present
session of Congress the House passed act to cor
rect ruling of the Pension Bureau in regard to the
time when an increase of pensions should begin, In
cases wnore increased disability is proved The FOL
lowing the essential part of the act as it passed
the House: That, except in cases of permanent
specific disabilities. the increase Of pension shall
commence from the date OF the examining surgeons
certificate that first shows increased disability.
The necessity for the amendment of the Pension
act arose from ambiguity in the present laws, which
made il necessarily uncertain which surgeons GER
tfcate where there were than one in the case,
should determine the time when the increased pen
son should begin. Whenever pensioner apples tor
an increase a surgical examination is at once Or
dered and report on the is sent to the Pension
Bureau There it takes it's place among the files OF
the Office and there it remains until 1t is reached Tor
action IN the regular order of business. ms III
some cases is not until many months after the date
of the examining surgeons certificate Before IL Is
reached the pensioner often concludes that his APP
claim then a new examination is ordered II the
increase IS granted under the last application then
il is made TO commence from the date OF the
last certificate Notwithstanding the fact that
the Pension Bureau Is in possession OF evil
dence that the increased disability existed
AT a prior date. The House bill w0uld re-
ouire the Commissioner Of Pensions TO MAKE
every increase of penson, when 1t Is granted pegih
at the date that its existence frst proved IN the
lecal way Subsequent certificates, if they still
showed the increased disability would only be GU
mulative and sustain the correctness OF the hrst.
This bill was reported to the Senate two OF three
months ago. fiercely attacked by Senator Conkhng.
and referred back to the Pension Committee; then
the proposed amendment was referred by Senator
Pratt 70 the Commissioner of Pensions, and on the
7tb of Nav 1874 the Acting Commissioner replied
summing up the conclusions OF his letter as fol-
lows
In framing the new section it Is preferred that the
words under the pending claim for Increase should
oe inserted after the words examining surgeon GER
tincate in order indicate clearly the certificate
IN which reference made. This Office would prefer
that the should be enacted IN the form herewith
submitted.
The section submitted was adopted by the Com
mlttee and reported to the Senate to-day II IS rs
follows: -,
That except in cases OF permanent specific dsaniI-
ties no increase OF pension snail he allowed 10 com
mepce prior TO The date OF the examining surgeons
certificate made under the pending claim for increase
and such increase shall allowed often as increase
ot disability is shown by the certificate OF such surgeon
but in This, well other eases, the cer'lnca'e o a
examining surgeon of a board OF examining sur
ceons shall be subject to the approval Of the Comms
soner OF Pensions.
The Committee evidently supposed that this sub
stitute for the House bill prepared for them by the
Pension Office. accomplished the same objects that
the original bill dad This is shown by the written
report which accompanies the bill. The Committee
say:
The bill seeks accomplish this object, VIZ mat
whenever an increase OF disability is shown BY the IN
valid pensonsr his increased pension snail commence
from the date Of the examining surgeons
certificate that first shows increased disabl-
ity; that this rule shall hold with regard
10 any subsequent increase OF disability, the surgeons
certificate in every to be the initial point for the IN
crease OF the pension Tie object OF this bill is proper
enough and the principal trouble has been with its
structure Since the revision Of the laws the present
session repealed all awsrevlsed II Is not deemed proper
10 amend the statutes repealed and the better prac
tce is TO AVOID reference 10 them. The Committee have
embodied tne idea OF the bill in independent amend
nent which they recommend a substitute for the
bill.
The fact is that instead Of embodving the idea of
the bill in an independent amendment the Commit
tee at the request of the Pension Office, reported
bill 10 perpetuate the present ruling OF the officer.
which the object of the House was 10 change and
correct. The first surgeons certificate, showing the
increased disability. may have been made mont ms
or a year before that made under the pending
cai us and by dating the beginning of the pension
from the latter may cheat pensoner out of one or
two years pension.