The National tribune. [volume] (Washington, D.C.) 1877-1917, 1884-04-24

bis own misconduct or ad habits OF from any
esheT known cause; and ii he show these facts
and 1t appear from the nature OF the wOursI
injury, or disease that the disability probably
originated IN the service, he shall BE- put GA
the pensIou-rolls. This hill will "a
eilitate the class of cases have mentioned a.
pending in the Peusion Oshce. But. on the
ether hand, the second paragraph OF the Rrss
section limits the first paragraph in this
namely that only those shall have he benefit
OF this acs who apply for it; and if they apply
under 1T, which they may do By so noting N
their application. then the pension dates from
me nlIns OF lac application under this act So
that u now and then it facilitates the granting
OF an unneritorioas claim, at all events it goes
to soldier, and to one now SO disabled IS 70 bs
unable 20 earn support by MAMMAL labor. Ia
addition 20 tins, = takes from al h0wsger B1eIi-
torioas any peeson for sas period Of tias prior %
making aPpacatloa saaaer ike b5lL And yet Gen
eral Warner says claimant parts with any
right.-ED.I
Dir. Speaker, am aware that ny time IN
about up. ] regret / could not have the time
TO do either the bill or myself justice. i bear
testimony to the earRestness and labor the
committee gave the bill IN the hope that il
might meet the apprubajiou of this body and
TO some extent the demands OF the soldier eie-
ment of the country which elamOrs for a relax
alton of the iron rules Of evidence heregogere
obtaining in the Pension Office. Why does
not Commissioner Dudley himself relax them2
They are not prescribed by existing law-EDl
Dir. BROWN pa Mr. Speaker / simply
rise to enter my protest against that portion OK
this bill which follows the word therefor" in
line % OF the first section
This biil - in the main correct and shall
vote for it even as it is but protest against
so important measure beiag pressed TO Is
passage without the privileges being accorded
members of amending It's manifest errors IL
the soldier IS TO receive any advantage from
this act he must waive rights secured to him
under the present law In other words ia
order to secure that which viii relieve present
poverty and distress, he must abandon bis
right 20 arrears Of pension. We have been
told from day to day that the committee,
whose chairman 8Ir. Warnerl has Just spoken.
were TO bring cut bill ahertiing the relief so
plainly demanded by the e0untrys defenders.
l submit, SIR, if they do not signalfy Eailp
True, they give, but they withhold also; indeed.
IN some things they take back from the soldier
that which be already hath IL is an ungra-
cioas proceeding, and unworthy men now
enjoying the heritage perpetnated by the blood
and suffering of these pensioners. It il q
question whether they would not be more in
jured than benefited by this bill In the hope,
however. that the Senate viii properly amend,
| give it my vote.
Mr. LAIRD (Neb.l wish TO emphasize the
/ objection OF the gentleman from Pennsylvania
| tMr. Btownl to 50 much Of the first section OF
/ the bill as he called attention TO, and 70 say
that the gentlemen Of this COMMITTEES have
shown to the soldier that mercy which requires
/ him to relieve supposedly honest claim against
| this Government for more money, namely, his
claim for arrears, than be can receive during a
/ lifetime Of reward under the provisions of the
| act 1t IS the same kind of mercy TO the ex-
soldier of this country that this Governments
| showed TO those who were dying in Anderson
/ vile under its policy; and the committee re-
fuses to report bill TO recognize the services
| and the sutfsrings Of those men In the DEATH
| holes of the South.
There is another objection to the bill IF You
! seek TO put it in the way of these men 70 re-
I eeiye their rights yOu ought to add this sort OF
a section that in all eases where the applicant
/ for pension is shown to have rendered three
months service or more in the field all injuries
sustained by him when Ia the service shall be-
presumed to &c received by him in the line Of
i duty. and the burden of the proof to the con-
| trary shall be on the Governments You have
made provision under which the Pension
Office to-day are refusing pensions to thousands
of men who Justly deserved them: the pro-
vision, namely. that they must establish their
| soundness on their entry into the service: and
you are refusing 70 adopt the other provision
/ that they shall be assumed TO have received
| their injuries in the line Of duty if they are
| shown 10 have rendered three months active
| service.
L 4
to this bill is that it restricts rather than en-
| larges the penson-rOlI. The 6rst section pro-
vIdeS that IT it shall appear probable that the
/ applicant received the disability in the Mill
| tary service, it shall be the duty Of the CON-
missioner of Pensions to put him On the pen
| sion roll. Why, sir, ii ! understand the law
| that is the rule now. If from the evidence it
/ appears probable, if the weight of the evidence
/ Is that he has incurred disability ia the mill
tary service, it Is the duty of the Commissioner
| TO put the applicant on the pension roll But
this restricts it n this. that he shall not only
prove that he has incurred the disability in the
military service of the Unitea States, but he
shall also show that he served three months
before he is entitled to the pension
Mr.. WARNER lOhiol- 1t Is 2 matter Of
record
Mr.. BROWNE Indl. Yes. sir But now If
| he were to serve bat a day and be shows by the
evidence 1t IS probable he has incurred the disa-
bility in the service. he is entitled to pension
Mr.. WARNER tOhiol. This does not take
! away any right.
Mr.. BROWNE Ind'. say the present PEN
si0a law simply requires the applicant to show
by pTePOnderanee OF evidences the probability
that he has incurred the disability III the heid,
and he is entitled to a pension. though he may
have served but day or week But this
bill requires before he shall be pensi0ned for
disability incurred in the service that be must
have had an honorable service for at least three
I months.
The time for debate expired before any fur
Their objections to the bill could be considered,
aud Mr.. MatsOn tInd.l proposed the following
amendment to the first section:
And the rate for total disability under this section
shall be s24 per month"; which is Glsde divis5le in
proportion 10 the degree of disability; and
count shall be taken of K in the service IN grant,
ing pensions under this section
The Speaker then put the question to sus-
pend the rules and pass the bin with the amend
ments read, and upon vote being taken there
was ayes III, noes II, and in the passage of the
bill itself, ayes les, nays 81, not voting 100
The Record Of the 1f5th Chic.
To the Editor NATIONAL tribune:
VIII you please inform me what corps d.
vision, brigade and army the 115th Ohio in
fantry belonged to, and ObIige one of thu
fOrgetful? 5. s Fox.
81 RRADIEy MICH