Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1884-09-18
THE WARNER BILL
&c A Sufficient Remedy!"

When the Warner bill was before the
House, under the rule, 80 minutes were al
lowed for discussion, fifteen minutes on a
side, the following remarks were made by
Gen. Warner:
These remarks will show that this bill
was Gen. Warmers HHimatRm-declaredb by
him to be ga sufficient remedy" and as
going as far as public policy would dictate.]
Mr.. WARNER (Ohio.) In the preparation of
this bill the committee has kept in view things
First, the just rights of the soldier; secondly the
necessity of adhering to line of safe and con-
one hand with the obligations of the Government
to its defenders, and the other policy safe to
be followed as a precedent in any future war The
bill may not go as far as many may desire or think
we ought to go in Legislation, while others will
doubtless think it goes much too far; but it is be-
Heved that careful examination of all its provs
ions 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 guarded that
only those justly entitled to pensions can obtain
them under this act. 1t allows pensions for dsa-
bity only, but recognizes the principle that dsa-
biity incurred in the service in line of duty enti-
ties the soldier to pension as right With this
principle in view the committee decided that it
would not report favOrably a measure granting
pensions for any other cause than disability-dsa-
bity incurred in the military service in the line of
duty.
number OF soldiers scattered over the country who
are suffering under various degrees of disability
believed to have originated in the service who are
unable to procure the pensions due them from the
Government, due them as right, due them
compensation for disability, because now, twenty
years after the war, they unable furnish the
evidence required by the Department under exist
ing law. They have become separated from their
comrades, surgeons whose evidence is required are
dead officers out of reach, hospital records
missing. The evidence required is not accessible.
Yet the fact of their disability is known to their
neighbors and friends, and often they were among
the best soldiers, but perhaps unfortunate now in
net having hospital record. There is, therefore,
loud complaint, and Congress is petitioned daily,
every member knows, for some measure of
lief. sfWhy 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
Now, the principal object of this bill is to cure
this evil Its purpose, therefore, 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 no new classes. It does
not extend the provisions of the pension laws in
any direction. That is not its purpose. But, as
have said, relaxes the rules in regard the evil
dence required to establish a claim. And the COM
mittee has thought that pensions under this act
should not include arrears, but should date only
from the filing of the claim. The bill provides,
also, that any claimant who is unable to furnish
the proof required to establish his right to PEN
sion under the arrears act may elect to prosecute
his claim under this act and receive pension it
disabled from the date of filing such decla-
ration of election. There file some
$4,000 claims for invalid pensions Over 100, 600 Of
these, if the requisite proof could be furnished,
would carry arrears. This bill, say, gives to
these claimants the right to elect to prosecute their
claims under this act; and in that case they give
up their claims for arrears and take pensions only
from the date of filing such declaration. Yet,
Mr.. Warner says above, that at does not take
away from any soldier any existing right he may
have.n ED.1
The result of this, of course, will be to add to
the number of pensioners; but instead of giving
pensions with large arrears to a comparatively
small number, it will give pensions to greater
number who are now suffering from actual dIsa-
bity and in present need.
Mr.. WOLFORD (Ky) If the claim is just, if
the applicant is entitled to a pension, why should
he not, like other soldiers, have pension with Al
rearsf
Mr.. WARNER COhio) Where a claimant can
prove that the disability under which he suffers
originated in the service at given time and under
given circumstances, and that It has continued as
permanent disability from that date to the present
time, he is entitled, under existing law, to arrears,
il he filed his claim in time, and this bill does not
take away that right.
But where we give him the benefit of presump-
ton in some degree in his favor, and do not re-
quire the same positive proof required under the
arrears act, il is believed going quite as tar
as public policy would dictate when we grant him
pension from the date of his application.
Mr.. ROGERS (Ark.l 1t will be OBJ
served the leading idea upon which the pension
laws have proceeded heretofore, namely, that the
disability incurred in the service, is not climb
mated from this bill but carefully preserved In Z;
Nc soldier IS ENTITLED 30 reHsioH nadrr fAfS tiH
wko did NOT bscome entitled 10 f ~ reason Of dIsG-
6iIity iTeEryed in service IN TIE fSid Then, why
not entitled under existing pension laws! I'D.
The FIRST paragraph of the first section simply
relaxes the rules of evidence that subject. 1t
provides substantially that the soldier who incur
red disability in the service, but who has failed
to make proof in support of his claim under the
rules of the Pension Office is entitled to pension
on showing-whRtf First, that he served three
months or more in the field and was honorlbly dis
charged Second, that by of wounds, in
jury, or disease he is now disabled Third, that
fyfmG fde5S such wound, injury, or disease has
misconduct
its, or from any other known cause; and If he show
these facts and IL appear fSom the nature Of the