National Republican. (Washington City (D.C.)) 1872-1888, 1881-01-08
THE PENSION LAWS.
A, VERY COMPREHENSIVE SUBJECT.
The Present Annual yalae-Sams to be Paid-The
Pssiicioas System OF Depending Upon De.
: pirtment officials for Clalms-What
Remedy Can be Applied?.

phrtment Officials for Clams-Hhat
Remedy Can be Applied!!
The various propositions for changes in our pen
sion laws are likely to come up for discussion il
Congress in a few days, or when the pension ap
preparation bill shall be underconsideration. The
end to be attained is, of course to devise methods
whereby our manned ey-soldiers and the widow:
and orphans of those who persisted for the country
their valor helped to preserve shall find little
difficulty possible in securing the pensions they
deserve, and at the same time to guard the treas
ury against fragrant frauds engineered by dis
reputable men who make system Of their nefar
ious business
The following article was prepared for THE
NATIONAL REPUBLICAN, by a gentleman who has
made the subject a specially, and who is, by ex.
perience, ability, and character entitled to the
careful attention of all who desire to be informed
THE PRESENT ANNUAL VALUE
of the pension roll is S26,0OO0O0 and the average
amount of accrued pension due in each case, now
being settled, is 81, 100. There are 100000 claims
Tor pensions pending in the Pension Bureau. If
settled at the rate of 10 900 year. and if
are allowed, starting with 100000 and adding
500 to the present value ofeach allowed claim for
each year, the sums that must be annually dis
bursed in payment will be about as follows: First
year. 6. 500 900: fourth year, So 800 900; fifth year.
s7s,SOoO00; sixth year. SIS. 10000 seventh year.
sS9,200O0O; total, 500, 100000
This calculation does not consider losses to the
roll by deaths and limitations, nor gains from
other sources such increased rates, service pen
siOnS, &c. Deducting $50 900 as amply sufficient
to cover the net loss leaves $500 900 to be paid
| this sum 2700O0,000 viii be payable accrued
pension, and the remainder in satisfaction of the
annual roll which will stand at about 3i5 100000 at
| the close of the seventh year.
THE SUNS To BE PAID
VIII exceed considerably the entire amount dis
burSed as pensions between July l. 1861, and July
!, 1850 The Government is by law obligated to its
/ payment and In good faith to pay it promptly.
In money view alone it is obvious that this sub
ject of pensions is second to none in Importance
To decide to whom and in what amounts this
money Is due is great responsibility Where does
it rest? In bureau of Department of the Gov
ernment. Let see if it is well qualified for the
discharge of the trust. 1t is composed of clerks
arranged i'll divisions, each with chief, slbordi-
nate to the Commissioner and his deputy. The di-
visions comprise each three principal clerks"
examiners" " file clerks" &C. ..
The primary responsibility for the decisions rests
upon the examiners who first consider the teStf-
mony, judge Of its value, apply the law thereto,
and passupon hequestions at issue Their ecisions
are reviewed by the principal clerks and the chiefs
OF division Necessarily but few of the claims
come under the observation of the bureau officers
it would be impossible for them to consider other
than exceptional cases The salaries of these clerks
vary from 81 900 to 81 500. The chiefs of divisions
get the last named sum, no more than some of
their subordinateS.
There is no review of decisions allowing pen
sions outside of the bureau Its control of the sub
Ject is complete 1t is true that the certificates
upon which payments are made are signed by the
Secretary of the Interior and the seal of the De-
partment impressed thereon; but it is done pro
Jor1nd An instance is not known wherein this act
was preceded by q call for and examination of
the papers simply to pass upon the correctness Of
the decision
MILLIONS ARE THUS DEPENDENT
upon the integrity of minor Department offic
But this is not all. Assuming that they will act
honestly, they cannot decide Justly between the
Government and the claimants, whatever their
Intentions or qualifications may be. In the first
place, the function is judicial requiring perfect
independence of the issue to permit condition of
the mind enabling the clerk to act impartially |
This does not exist. They are identified with the |
interests OF the Government and feel that their |
first duty is the defense of those interests The |
situation was once formulated by General Cass, in
the Senate in the statement that the first question
arising in the mind of the officer passing upon |
these claims is Why should not that claim be
allowed Claimants for h psnsost fgftt b Glaj
By attorneys, and the clerk who examines the !
papers feels that he is not only called upon to sit
the evidence for the facts bu: to meet and oppose
the adroitness and cunning if not the dishonesty
of counsel More than that; the testimony which |
he considers consists mainly of afidayits prepared
in the interests of the claimant enlarging the
favorable features and dwarfng or more fire.
verse The witness may or may not have know
ledge of the things he is made to state under oath;
in thousand ways the evidence may be defective
and fraudulent
THE EXAMINER KNOWS THIS,
and 1t affords him another reason for assuming |
defensive attitude. He is no longer Judge but |
becomes "a partisan. As might be expected under
the circumstances, the requirements of the claim
ants in the way of supporting and explanatory
testimony, are strict to the verge of harshness-so
strict that the honest claimant finds 1t almost i'm
possible to comply; while the INSCRIPTIONS those
who juggle and manufacture their testimony,
comply promptly and readily The prosecution of |
meritoriOus claim is made difficult and of the |
fraudulent one easy. The testimony fairly pre-
pared, being confined to the recollection of wit
nesses of events occurring so long ago, is neces-
sarily indefinite and somewhat contradictory: while
that dependent upon nothing but the skill of the |
of statutes and the application of the law to the
facts so mperecty ascertained the situation is no
better Most of the clerks are without legal train
ing; some without business experience of any
kind. Not Congress has existed since the rebel
lion began without passing laws affecting pensions
and the immense variety of circumstances and con-
dons to be observed in the law makeits provisions
complex and difficult to be understood, requiring
the matured Judgment of experienced lawyers and
the application of sound principles of construction
to get at the intent of the law-making power Cen
eral rules of action prescribed by authority for
the observance of these clerks but they are so de-
pendent upon the circumstances of each case,
which are in such endless variety that it is often
difficult matter to decide if this or that rule is ap-
plicab!e. For the same reason "precedents" have
but little value.
THIS OUTLINE OF THE SITUATION
viii give glimpse of the dangers to which the in
terests of claimants and the Government are alike
subjected add to this the accumulation of evils
growing out of the absence of knowledge in the
bureau as to the character OF claimants or wit
nesses appearing before 1.-THE evidence of the
most degraded Weighing in the scale the same as
that of the most upright the system of medical
certificates from neighborhoOd physicians infu-
enced by local interests, jealouses and enmities,
and an irresponsible, INSCRIPTIONS lot of self
styled attorneys, who have largely engaged in the
business OF prosecuting these claims for the very
reason that the game is entirely IN their hs-lIs,
a2I we have situation about as iIl-suited to the
business to be performed as can well be imagined
The only redeeming features that nearly all of
the clerks are honest and many of them are capa-
BILE; that part of the claimants and witnesses will
not misTepresent; that few of the examining sur
geons will sacrifice their interests in favor of
the Government, and thatsome of the claim agents
are reputable, capable gentlemen. But after de-
Quoting a reasonable margin upon these accounts,
o;r1 to