Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1879-01-28
The Pension Arrears Bill.

The Pension Arrears Bill.
OF the Pension Arrears Bill, which has
now become law, having been signed by
the President, Saturday, the New York
Times of Friday spoke as follows in an
editorial:
1.-The diversity in the estimates made by
experts, or those who should be experts,
of the amount of money which the pen
sion arrearage law will take from the
treasury, is extraordinary. But the same
diversity occurred when the measure was
acted upon last year, and the year before,
and nobody has since thought it worth
while, apparently, TO make more accurate
calculations. The Congressman who had
charge of the bill in the two houses fixed
the probable amount called for at about
$4,000, 900. 1t is said that pension office
authorities raise that to 1873, 000,000 at
present, with enough more in the future
TO carry the total above $50, 100000. Mr..
Sherman's estimate is reported to be some
800, 000, 900. Three years ago the Pen
sion Commissioner computed the arrear-
age at s13, 800, 000 but it has increased
greatly since.
The existing law on the subject is sec
ton ID of the act OF 1873, and it declares
that all pensions granted for deaths,
wounds or disease received in the service
since March 4. 1861. shall begin at the
date Of the death or of the discharge from
the service, or from the termination of the
right of the party having prior title to
such pension '--proctded, that the applica-
ton for the pension was. or shall be, filed
with the Commissioner within five years
after the right thereto accrued; otherwise,
the pension is to begin at the date of filing
the last evidence necessary to establish it,
The bill now passed by both houses of
Congress simply removes this five years
limitation clause or proviso.
So much for what the bill is. One of
the best arguments in its favor was that in
some cases soldiers who received disabili-
ties in the service held back, through n
eommendable motive of pride or of pat
riotism. from applying for a pension until
after the five years limit had expired and
hard times or misfortunes drove them to
do it. Hence it was urged with much
force that the honorable feeling which
prompted this delay should not work to
their disadvantage. In other cases, the
carelessness Of the young soldier may
have led him to refrain from looking after
his pecuniary rights until the statute period
had run against him. In still other cases,
the degree Of disability, especially from
disease. which would entitle the claim
ant to relief. might not have developed it.
self until after the five years had passed
and yet be traceable to the injury received
in service. In still other eases, igorance
that valid claim existed, or a shrinking
from going through the claim agent mn
chinery, and, above all, inability to get at
the required evidence, may have caused
the delay. Still another argument attack
sd the five years limitation as one that
never had any basis of reason for il must
be admitted that, if intended to guard
against frauds in trumping up pretended
wounds or diseases, the real point for
meeting this danger is not on arrears of
pension, but on granting pension at all
II the evidence is not satisfactory, the pen
sion must not be given; if it is satisfacto-
ry. why not allow the pension to accrue
from the time the injury was received i?
Finally, II is argued that if the discrimina-
ton in the law of 1873 is unjust. the
amount OF money required for Fighting il
ought not to stand in the way, in view of
the vastly greater amounts ALREADY paid
and TO be paid for pensions y
Against this measure it has been uroed
that, even admitting that the right to a pen
sion is q contract right instead of grat,,-
ity, the power and duty of Congress to
prescribe some limitation of time in re-
gard to applications, and to effectuate ii by
determinations, have never until of late
been disputed. In fact, we find that in
1862, under the first pension, there was
one-year limitation-the date being fixed
at discharge, but If the application was de-
layed year, then the pension shall com
menee ON the day Of the filing of the ap-
plication.' In 1864 we find this limit ex
tended to three years; and in 1873 the five
years limit was fixed upon, without. an
parently. any question of its liberality and
equity. Ii is urged that during this lone
interval, snch restrictions operated as a
kind Of notice to claimants, and that sub.
sequent claimants could hardly complain
Of ininstice. Besides, it appears from the
records that an enormous majority Of the
cases now TO be affected by the bill have
been those Of applications perfected since
1873; and at this point comes in the ques.
ti0n how far they have been multiplied by
the industry Of claim agents. purchasing
the accYuing benefit for small amounts
a branch Of the subject. however, which
we need not discuss. Still another argu
ment, which caused almost all the debate
in the Senate on the day the bill was