National Republican. (Washington City (D.C.)) 1872-1888, 1882-01-07
THE PENSION LAWS.
AN IMPORTANT WORK JUST ISSUED,
A Full Digest Of All the Pension Laws, Decisions,
and Rulings Prepared by the Commissioner
Full Information Relative to Sc.
curing Pension Given.

One Of the most important changes made in the
Pension Office by Commissioner Dudley was the
Issuing Of order directing Deputy Commits
sioner Calvin d. Walker to prepare n digest Of the
laws, decisions of the Secretaries of the Interior
and Attorneys General relating to the adjudica.
ton pension claims, and also of the rulings and
orders OF the former Commissioner Of Pensions.
This digest has been prepared, and has Just been
published, making volume Of near three hun.
dred pages. II is very remarkable that the most
important bureau in tho Government never be.
fore had such work prepared by authority. Col
onel Dudley has organized the office upon bust
ness principles, and has therefore made himself
peculiarly opular with all who have transacted
business with the Office The contents OF the
digest are Of the utmost importance TO claimants
aud attorneys; even the clerks Of the office have
never before had an opportunity such as is now
given them to qualify themselves for their duties.
THE DIGEST OPENS WITH
the regulations required by the office to enable
claimant TO present his claim. Directions given |
concerning the filing Of declarations by inyalids,
widows, minors, and dependent relatives Then |
follows u compile list of forms. The laws are sys.
tematically arranged for ready and convenient |
reference. The marginal notes are complete-thc |
substance Of each section being gwen and all the |
data referring to Revised Statutes of the United
States, and In all cases amendments noted, and IL |
repealed, the same is shown. The same system Is |
carried out IN regard 70 me laws goyerning bounty
for, service in the wars preceding the re- |
belhon The references to the decisions of the Sec
| retares of the Interior and Auorneys-General |
| compose over one hundred pages The pubica- |
ton Of the decisions will greatly facilitate the
transaction of business in the office. When claims
| are adjudicated in accordance with those de-
cisions, claimants, and even attorneys, often think
| that great errors have been committed, aud keep
| up n continual correspondence with the Office dc.
| string explanations, which they could ascertain
for themselves If they had access to these de-
csions, and the Office thereby relieved OF the cor
| respOndence. For instance, under the head OF
Attorneys" we notice, Declarations or evidence
inadmssible If executed before an attorney of
ATTORNEYS OFTEN FILE PAPERS
in their cases executed before themselves as no.
taries public or justices Of the peace, aud claim
| ants are made to suffer by delay. Such mistakes
| often affect the date of commencement of their
pensions, The law provides that all declarations
for invalid pensions must be executed before q
court OF record or some officer thereof having q
seal. Formerly declarations might be executed
save the case from the limitation and fix the date
ormn aS sa at executed tae S e6Gfe
| clerk of cour Off nrrUits-oNis no longer the
law, and claifnInls wn Dr. VOL t, take notice.
| Much has bccnoa ct jcerning pensions being
granted to nnworthyeI imants. ,e notice, under
The head Of d" psebilin s,.,-G a disability to be
exist to such degree that 1t can be detected by
the examining surgeons of the office" These ex-
surgeons are reputable practcing physicians In the
communities where they reside and ought TO be
competent judges OF the present physical condition
| OF applicants.
YET TIIE CERTIFICATES OF EXGMryrNo SURGEONS
are not evidence in establishing claims legally,
| but are only considered in fixing the rate by
| medical referee of the office. A large number OF
decisions are given governing the difficult quos-
ton o" Line of Duty" The leading decision on
This point was made by, Hon, Caleb Cushing in
1868, as Attorney General and in its main features
1t has been followed by the Office. liberal rule
prevails. THE presumption is that every one who
until the contrary is made TO appear" said Hon.
Caleb B Smith, Secretary of the Interior In 1862.
to shove n specifically SaSi Hu ali every e facts I and
circumstances attending the receiving of the al
legged disability. The subject of remarriage is one
of no little interest TO certain class of pensioners
The law provides that the remarriage ola widow
forielts her pension. The question Is, what con-
stitues q marriage? The law of the various
States differs greatly. Different Secretaries Of the
Interior have decided THAT the living and CO.
habiung of widow pensioner with man, and
being known and recognized as his wife, consti-
tutes such marriage US will deprive her of her
pension"
BETTER EVIDENCE is REQUIRED
to establish marriage and place pensloner en-
the rolls than is required 10 drop name from the
rolls. Though no marriage ceremony was ever
| performed, the mutual recognition of the parties
as husband and wife, their reputation as such,
and the admission of the wife estops her from
claiming pension as soldiers widow" One
of the most interesting subjects to-. pension
ers, as might be expected. Is the rate. We are in
formed that the correspondence is immense with
claimants who obtain small rate. Such al
ways write to the Office and demand higher one.
An examination To-, Of the table , Of T n,tln
, ants to decide this matter for them
selves. Another subject of interest is that
, of special examinations. To prevent fraud, and
to ascertain the truth In cases whore 1t seems i'm
possible to do so by correspondence, special eX-
,, witnesses, and to look up the iucts, Formerly
/, these investigations were made secretly. Under
the practice adopted by Commissioner Dudley
claimants and attorneys are notified when the in
| vestiguton will be had, and opportunity is
given claimant to be present in person, or by at
, torney, aud hear the evidence that is given, and
permitted to cross. examine the witnesses, and
/; 4 procure such evidence as he may desire
FORMERLY THE EVIDENCE TAKEN
g in cases investigated was kept secret, and claim
ants or attorneys were not even permitted to see
1 the same, and would never know what evidence
3 was produced in his case. The witnesses were in
!, formed that no one outside of the Office would
+ know to what they had testified. The healthy
change in the practice will certainly be approved
There also appears in the digest revised list of
a present Commissioner. These are of the utmost
importance TO all doing business with the
point. The opinions and instructions of the
commissioner are styled rulings, and those Of the
Secretary decisions. revised list of orders is also
r given These constitute the practice of the office,
y adopted by the Commissioner aud approved by the
ed 81 bV yhe hi pSdey IS
claim Is received 1t is filed and receipted for, num-
y bered and referred to proper division, where the
Il declaration is examined 10 ascertain first of all ii
the allegations are sufficient If proven MS alleged
@ TO establish a claim.
: THE oFPIcE VIRTUALLY DEMuRs
TO the ueclufhtlOn III lOuuu nov suulCleul clhlnl-
. ant is notified. If declaration is held to be suili-
Client, proper calls are made upon the War Depart
y ment for record of soldier, and the invalid claim
~ ant IL ordered before an examining surgeon fol
q" examination, On receipt of soldiers record
claim Is assigned to an examiner, who makes q
proper call ON claimant for what evidence may be
\. necessary TO complete claim when the same Is
~ received the examiner briefs the audit Is sub
3 mitted to board of review for decision, which
T. board Is composed of about thirty examiners o.
s. experience. This board was constituted
,e by Commissioner Dudley, and Deputy Com.
ID cases are reviewed by this board before nu action
10 is taken. Formerly, cases were prepared for de-
L. csion and decided In the same ROOM and all the
20 cases in division prepared and decided unde
NJ the direction of the same chief The force of the
Ne Office was divided into eleven divisions. Tn,
B. consequence was there was no uniformity of &C
a. ton or decision. Now there is fountain head
l. law department, under the supervision Of Deput,
at Commissioner Walker, a lawyer of ability and ex
e. perience, There are now only
FIVE ApJUDlcATiNG DIVISIONS,
the sole duties Of which are to prepare cases 70
decision. The subject OF agents and attorneys vii
&c. attract attention The Commissioner has issued
Up new order on the subject Of considerable length
The relation Of principal and agent" is reeog
nized between claimants and attorneys. Tn
sn delicate duty of protecting claimants aud grant
Y. ing attorneys their rights seems 10 have been wei
" performed. Under the law attorneys are not per
N United to receive fec greater than SIC
a. The present law does not, as formerly, allow Of
no contract greater sum, Diligence Is required fiat
torneys in the prosecution OF claims. AIter receiy
ing notice from the office that claim is ready to
taken up failure for one year theTeirom on tn
part Of an agent or attorney To- comply with th
requirements of the office by filing the evidenc
asked for, or failing to show ago0d reason why tn
same could not be sooner obtained, such attorne
will be held 10 have abandoned the claim, and wi