The National tribune., 1880-09-01
Evidence in Pension Cases.

ent Commissioner of Pensions, who IS a lawyer by
profession, in arriving at Judgment upon the
merits Of claim presented to him for adjudication,
did not let every Fact pertaining to it fully per-
meate his mind and then came to a decision, rather
than be governed by unbending, unwise Rules
which cramp and nullify Justice. The pension
court, of which he is Judge is above every other
consideration connected with it, court Of equity
and Mr. Bentley should regard himself as the high
chancellor of that court, while the administration
of his Office should be based upon principles which
for centuries have governed judges in equity courts
in England and for more than century in
America. In appointing Mr. Bentley to the
elevated position of Commissioner of Pensions
the Government said: Here are thousands of men
who have been wounded or become diseased or dis
abled while aboring to sustain my honor or my au-
thority here are thousands of widows and children
ofmen who have died that / might live place you
over them as their best guardian and friehd See
that you render them all justice Judge them ali
in a spirit of Gberality. My purse is abundanty
able to for all entitled to my consideration. Do
not seek to eyade their support and let mercy euer
be remembered IN administering justice" In this
spirit we believe the Government has vested author
ity in the Commissioner of Pensions and actuated
by such feelings as these words suggest, for years
past the Committees on Invalid Pensions of the
House of Representatives have fulfilled their work
most nobly and patriotcally. When case has
been presented to them they say in substance
"Gve every fact at all relating to or in any wise
affecting this soldiers or his widows or orphan 5
claim We bound by no rules subject to no
authority" Taking this ground when their decs-
ions are made the soldier feels that he has had a
fair trial If he is beaten through the action of the
committee he makes no complaint, for he knows it
had no prejudice against him He is convince d
that it looks with kindly interest and favor on every
soldier who faithfully served his country and holds
an honorable discharge Its hopes its sympathies
are in his behalf As an Illustration of the differ
ence in views as to the handling of cases between
the pension committees and the Commissioner we
present below three reports of the committee in the
cases Of William Gemmill, Charles T. Webster, and
Saome Smith
That William Gemmil the deceased soldier. enlisted
the United States military service in Company E. Fourth
New Hampshire Volunteers and received gunshot wound
iii the right hip, just below the joint
The woand was very severe and never healed up. 1t
ncapactaed him for labor and he was dseharoed
es that the wound discharged freely de died March
1876 of acute pneumonia, supernduced by congestion
absorption Of matter from his wound.
These facts and the Of his DEATH fully proved
by medical testimony
When the soldier died he left a widow, Catharne Gem
MILL the claimant, and five chdren Mary Ann II years
of age John Andrew, 10 Jennie, s. William Thomas
s. and Catharine, g.
The family very poor having income except the
wages of the Oldest daughter who works in factory.
The Pension Bureau rejected the widows claim the
ground that the soldiers death not caused by disease
contracted in the service.
The soldier during his lifetime drew pension After
a L. s,f,,l A.
years of his life could not stand up and suffered great
pain.
There be doubt from the medical evidence that
his death caused by his wound and the committee
therefore, recommend the passage of the accompanying
substitute bill
That the said Charles T. Webster enlisted into the
military service Of the United States in June 1861 At
the battle of Spottsyvana Court House. 1864 he lost
an arm For this wound he discharged and granted
pension which he continued to draw until he enlisted
into the Regular Army in the Forty Regiment
l Init IL A ON The .Innn