The National tribune., 1885-04-02
Clerks Ml.st Pan Their Debfs.

of which he Is the head. Among his acts for
the past week are the following decisions and
opinions:
Clerks Must Pay Their Debts.
DEPARTMENT OF THE INTERIOR,
PENSION OFFICE,
WASHINGTON, D. c., March 81, 1885.
CIRCULAR: 1t becomes my unpleasant duty
to state that am in receipt of numerous COM
plants regarding the payment OF debts
contracted by employees of this office.
In many of these cases il appears that the in
dulgences granted by the creditors were based
upon the fact that the debtors were employed
by the Government, in receipt of stated salaries
regularly paid, which, i'll the opinion of the
former, placed them in situation to promptly
cancel the obligation made.
1t is not my intention to permit this Office to
be used as a collecting agency, nor to be the
refuge of any one who deliberately contracts
debts upon the strength of his official position,
and then neglects to pay the same.
(Signed) JOHN G. BLACK, Commissioner.
Case No. 162,216, Darid Smith, Pirate Co. K,
1l3lh IH.
The soldier claimed pension on account of in
jures caused by his being struck on the head with
q gun-barrei in the hands of a cOmrade named
Foss. It appears from his own statements, and
other evidence in the case, that he and FOsS had
an alteration in regard to some peaches that
had disappeared from claimants tent while he
was on picket duty. or some other trihing mat
ter (the witnesses do not agree to the cause OF
| disputel and after some words had passed Foss
| hit Smith over the head with the barrel OF his
gun, fracturing the skull and producing injuries
| on account of which he was soon after dis
| charged from the service.
On this state of facts the Commissioner de-
cided that the claimants injury grew out of
! personal quarrel, and that he was therefore not
| in the line OF duty. The Commissioner added
| that the claimant was no more i'll the line OF
| duty than if he had been one of two principals
| in duel-his disability did not grow out of an
| act or condition that was incident to his serv-
| ice i'll the line of duty.
Affdarit IN Case No. 307, 1913.
| In this case an affidavit is fled by Harlan P.
Bennett, executed before Daniel NJ. White, a
| Justice of the Peace and the attorney of rec
| ord, who states that at the time of the taking
| of the affidavit said Bennett was in GTtieWL0
| n0rtiS, and that his reason for taking the depo-
| sition of the affiant was from fear that he
would not be able TO leave the dying man and
return with another Justice and receive the
| acknowledgment of afiiant. The death oc-
CURED at a very remote point in the State of
| Massachusetts,.
1t is ordered that if the said White shall file
| in the case in this Office written remuneration
of all his interest in the case as attorney and
| otherwise and shall make affidavit of the state
|
| Senator II. w. Blair. dated March 26, 1855, and
| shall add such statements as will convince the
| Commissioner that said Harlan =. Bennett was
! of sound mind and absolutely understood the
| entire contents of the affidavit presented in
| his name ut the time the same was signed and
reported to be so signed by him, and that the
| said affidavit was signed By said H. z. Bennett,
| then and i'm that event the affidavit of said
| Bennett shall be received III the case as duly
| authenticated.
Railing on an Injury Receired IA Camp FIGHT.
soldier was upon picket duty. During the
| time he was so detailed he returned to camp 10
get some coffee. While in his quarters he be-
| came engaged in ALI alteration with comrade,
| q member of the same regiment which a!terol-
! ton resulted in fight during which the sol
der who had remained in camp struck the
| man who had returned 20 camp over the head
with gun-barrel, producing the injury result
| ing in the disability for which he claims
| peusOn. The Commissioner holds that pen
| si0nabe injuries must be those which arise in
the line of duty. and that the injury in this
| case was in no wise incident to the service the
! claimant was rendering the Government; that
! a pension could no more be granted in this case
than if two officers had Quarrcled and in fight
| ing duel one of them had injured the other.
He holds that pensOnable injuries are those
arising in the line of duty.
railing in the Case of a Blind Nun
A soldier attached to Kansas regiment was
an applicant for pension which had been de-
layed for many years. The evidence showed
that he had served faithfully and well for two
years and had then been discharged because OF
threatened blindness that during the two
wears OF his service he had been good, faith
ful soldier. The testimony was conflicting as
TO the condition of the soldiers eyes at the
time of his enlistment.
The Commissioner holds that the fact that
,r-nI IL n1f l.,
United States, and for period of two years
had been able TO perform all the duties required
of him. was sufficient establishment of his sound
condition at the time of entering the service,
and that a pension certificate should be issued
to him. it having been shown that after leav-
ing the service his afHicton had increased
until total blindness had supervened.
appeals to the Secretary Of the Interior.
A practice has grown up in the office of the
| Commissioner of Pensions by which, after ap-
peals had been taken from the Comm iSsioner's
decision to the Secretary of the Interior. cases
were recalled at the will of persons in the Pen
sion Bureau before decision had been made by
the Secretary of the Interior, upon the pretext
of reconsideration or the condition of evidence
fled
In the opinion of the new Commissioner this
gave opportunity for the practice of frauds
| upoa the Government and imposition upon the
claimant by means of pretended settlement,
compromises or propositions made in the case