The National tribune. [volume] (Washington, D.C.) 1877-1917, 1882-11-02
Justice at La st.


Elsewhere in our columns, this week
will be found the full text of the opinion
rendered by Acting Secretary of the Interior
Joslyn, in the claim of the widow and chill
dren of Beverly Dangerfield, which was re-
(. iected originally on the ground that the
fact of his death from injuries received in
the service had not been satisfactorily estab-
lished. We regard this opinion as the most
important in many respects, that has yet
been rendered for the reason that it brushes
aside all the sophStries and technicalities in
the way of Just and sensible Interpretation
of the law regarding the adjudication of
pension claims, and goes straight to the
heart of the question. 1t will be seen by
reference TO Mr.. Joslyn's summary of the
facts in the case that Dangerfeld was seri-
ously wounded IN an engagement at Fair
Oaks, Virginia, towards the close of the year
1864, and taken to hospital. The hospital
records show that he was transferred, but do
not state to what place. The records should
have stated his destination, and, had they
done so, in all probability the applicants for
q pension would have had no difficulty
in complying with the technical require
ments of the Pension Office. Failing to
do that, the most that they could dO-all
that they could be expected to do-was to
prove, if possible, by the testimony of his fell
low soldiers that he was reported to his regi-
meut as having died from the effects of his
wounds. Clearly they abundantly satisfied
the law when they produced this evidence,
for it is a reasonable presumption that man
whom the hospital records prove to have been
treated for wounds received in battle, and
Of whom no tidings further than the an
nouncement Of his death to his regiment
were ever received by his family and friends,
died from the effects of those wounds AS
Assistant Secretary JOslyn points out, the pre-
sumption of the common law is, that a person
who has been absent and not heard from for
seven years is dead, and that, too, without
regard to whether at the time when he was
last heard from he was in perfect health or
not.
We shall not at this time 60 into the ques-
ton Of the cTedence which should be given
to hospital records as against the sworn
testimony of living witnesses, but we can
not refrain from remarking that there are
hundreds and perhaps thousands of cases
where soldiers have been admitted into field
hospitals as suffering from certain wounds
or diseases when, as a matter of fact, a sub
sequent and more careful examination by
competent surgeons showed they were
afflicted with wounds or diseases of a very
different character, and thereafter received,
as a necessary consequence, very different
treatment; and yet, it is a fact, that in
many cases the mere record that man was
admitted to hospital as suffering from a
certain disease has outweighed all other
evidence whatsoever.
This decision of Acting Secretary Joslyn
is q long step in the right direction, for the
reason that it is based upon common sense
rather than the dicta of pettifoggers. We
trust it will be accepted and followed as
precedent. 1t gives us hope that the time
ha ont will
treat It's ex-s0ldier5 with the same impair
TALLY and justice thai they would be sure
to receive were they petitioners at the
bar of our civil courts
We trust that the time will yet come
when the principles of common law which
rule in those courts will be applied broadly
to the adjustment of the claims now pend
/ ing in the Pension Office, and the harsh
and unreasonable rules instituted by Com
missioner Bentley be swept away alto
/ gether When the Government accepted
as physically sound the men who after
wards fought its battles, that act estopped
/ it for all time from further inquiry
! into their physical condition, and it is
a burning shame that any soldier who was
! so accepted should now be compelled to 90
/ back Of that record and establish by the
/ testimony of his neighbors or friends or rela-
/ tiyes the fact that he was, what the Govern
ment then pronounced him, physically sound
To Acting Secretary Joslyn belongs the
/ honor Of having broken through the shallow
! crust of artifice and brought to the surface
! the vital elements of equity and justice in
the pension law as it stands to-day, and our
ex-soldiers, we are sure, Will not be lacking
in the respect and gratitude which should
! be melted out to him.
War Ballads.
In compliance with a suggestion made by