The National tribune. [volume] (Washington, D.C.) 1877-1917, 1884-04-24
THE WARNER BILL
Rushed Through the House Almost
Without Discussion.

In the House of Representatives, on Monday
last, Mr.. Warner TO-. in pursuance of instrue-
tions from the Committee on Payment of PEN
sons. Bounty and Back Pay, moved to sus-
pend the rules and pass the following bill H.
L. 6535j and amendment:
Be IL enacted By The Senate o, House Of Reoresenfs
tires of The Tinted States Of 1Essrfra IN Congress as
selnbtsd That every person specified in the several
classes enumerated in the pension laws Of the
United States. who served IN the held in the milf
tary naval service, IN any war in which tlfe
United States has been engaged. for period Of
three months or more and has honorable dis
charge and Is not receiving pension, 4 greater
pension than that provided FOR herein, but who BY
reason OF any wound, injury. disease which
there - probable to believe originated in
said service in line of duty and not the result of
his misconduct or bad habits or other known
occurring since such service. Is disabled
in whole or in part. for procuring his subsistence
by manual labor shall, upon making. due proof Of
the facts, under such regulations may be pre-
seFibed by the proper authority not inconsistent
with the provisions OF this act be placed upon the
list OF pensioners OF the United states and be en-
titled To receive pension, during the continuance
OF such disability, at a rate proportionate TO the
degree thereof: the true physical condition Of the
claimant to be aseeranei and certified a. provided
by law upon examination by competent board Of
surgeons duly appointed such pension To com
ineiiee at the date of filing the application
therefor. And any person who has filed.
may hereafter file an application for a pen
sion under the act of July IA, lsG2. and acts
anendatory thereto. under any act emitting
him to arrears. may. by declaration his own
signature attested before any officer duly author
lied to administer oaths for general purposes
elect to prosecute his said claim under this act
which election shall he final and in such case his
pension, if allowed shall begin from the date OF
filing such declaration of election
SEC. 2 That in considering the claims Of depend
ent parents the fact and cause of death. and the
fact that the soldier lei no widow minor chill
dren. having been shown required by law. il
shall he only show by cOnBDcteut and
sufficient evidence that such parent parents are
without other present means of support than their
own manual labor, or the contributions of others
no; legally bound for their support.
SEC. g. That in all applications under the general
pension laws including this act where it appears
by record evidence that the applicant regu-
larly enlisted and mustered into the service, and
served for period of three months more, that
fact shall be sufficient rild fdeie evidence that he
was then in good health and free from the disease
of disability for which he claims a pen
sion but such evidence shall be subject rebuttl
by record or other positive evidence of the prior
existence OF such disease or cause OF disability
The amendment proposed by the committee
was read, as follows:
Add TO the bill the following:
Prouided, That no agent, attorney, or other per-
soB shall demand receive any fee for ms services
IN any pension claim arising under this act, until
the payment OF the pension. not exceeding $40 in
amount"
Under the rules thirty minutes were allowed
for debate-ffteen minutes only to each side
and Mr.. Warner proceeded to explain the OBJ
jects of the bill:
Dir. WARNER (Ohio.) In the preparation
of this bill the committee has kept In
view two things: First, the Just rights
of the soldier; secondly, the necessity of
adhering to line of safe and consistent
public policy - a policy consistent on the
one hand with the obligations OF the Govern
ment to its defenders, and on the other policy
safe 10 be followed a precedent Ia any future
war. The bill may not go as far as many may
desire or think We ought TO go in our legisla-
ton, while others will doubtless think it goes
much too far; but it is believed that on a care
fni examination Of all its provisions it will be
found to be sufficient remedy for the evils
| complained of in the workings Of the present
| laws, and at the same time to be so guarded
| that only those justly entitled to pensions can
1 obtain them under this act. 1t allows pensions
for disability only, but recognizes the principle
! that disability incurred In the service in line
| of duty entities the soldier to a pension as a
! right. With this principle in view the COM
! mittee decided that il would not report favor
1 ably measure granting pensions for any other
| cause than disability disability incurred in
the military service in the line of duty.
But it is q well-known fact that there are a
| large number of soldiers scattered over the
country who are suffering under various de-
grces of disability believed TO have originated
/ In the service who are unable to procure the
pensions due them froHi the Government, due
| them as a right, due them as compensation for
disability, because ROW, twenty years after the
! war, they unable TO furnish the evidence
required by the Department. under existing
law. They have become separated from their
comrades, surgeons whose evidence Is required
are dead officers out of reach, hospital rec
ords are missing. The evidence required is
not accessible. Yet the fact of their disability
| is known TO their neighborS and friends, and
often they We're among the best soldiers, bat
perhaps unfortunate now IN not having hos
| pital record. There is, therefore, loud COM
| plant, and Congress is petitiened daily, as
/ every member knows, for some measure of re-
| lief Why can not this man." it is asked
every day, who is disabled, and We believe
! disabled IN the service, and who was good
| soldier. obtain his pension?"
/ Now, the principal object of this bill is to
cure this evil. Its purpose therefore, is rather
| to relax the rules of evidence than anything
else. 1t does not take away from any soldier
| any existing right he may have. 1t takes IN nC
| new classes. Ii does not extend the provision:
| of the pension laws IN any direction That is
| not its purpose But. as l have said, it relaxeS
| the rules In regard TO the evidence required &c
| establish claim. And the committee has
| thought that pensions under this act should
| not include arrears but should date only IRON
/ ming OIL the S1alLl- Lie Dill provinces alS<
| that any claimant WHO is unable To furnish the
! proof required to establish his right 70 a pen
| sion under the arrears act may elect to prose
cute his clam under this act and receive
pension il now disabled from the date OF filing
| such declaration of election. There are nov
| on file some IS5, 900 claims for invalid pensions
Over 100000 of these, If the requisite proc
could be furnished, would carry arrears. Thi.
bill, / say, gives to these claimants the righi
to elect TO prosecute their claims under THU
act; and in that case they give up their claim.
| for arrears and take pensions only from the
date of filing such declaration. Yet, Mr.
| Warner says above, that :" 1t does not take away
from any soldier any existing right he may
| haye."-ED.
| The result of this, of course viii be to add
| to the number of pensioners; but instead o
giving pensions with large arrears TO a com
| paratiyely small number. 1t viii give pensions
to greater number who are now suferin:
from actual disability and in present need.
Mr. WOLFORD Ky If the claim is just
if the applicant is entitled to pension, VIII.
should he not, like other soldiers, have a pen
sion with arrearsI
Mr.. WARNER (Ohio.) Where q claiman
can prove that the disability under which h
suffers originated in the service at given tim
and under given circumstances, and that it ha
continued as permanent disability from tina
date 10 the present time, he is entitled unde
existing law TO arrears if he filed his claim i
| tine, and this bill does not take away tina