Los Angeles daily herald. [microfilm reel] (Los Angeles [Calif.]) 1884-1890, 1885-12-30

WAsHfSGroN, December 20. = The
Pension Bureau is in receipt OF thous-
ands of letters from all parts OF the
country indicating the existence of a
widespread but erroneous impression
that the recent decision Of the Supreme
Court in the case Of Mrs. Hattie Burnett
VS.. the United States would bring about
an ain ost total change in the rates of
pensions allowed to widows of soldiers
OF the late war. The decision, which
was rendered by Justice Harlan, on the
contrary sustains the practice of the
Pension Office. Mrs. Burnetts hus-
band, Gen. Ward Burnett. was allowed
a pension of S72 month by special act
of Congress, on account of his totally
helpless condition, due to wounds re-
ceived during the Mexican war. His
widow was allowed $50, in accordance
with the provisions of the general law.
She, however, appealed to the Court Of
Claims, claiming the same amount per
month that her husband had received.
That court, in its decision, used this
language; "The widow becomes enti-
tied to pension. not necessarily at the
same rate her husband was allowed, but
the rate he would have been entitled to if
his claim were founded upon what in pen.
sion law is technically called "total dis.
ability" The degree OF disability by
which his pension was asked makes no
difference with the widows right. After
death all degrees Of disability are con-
sidered by law as one and the same, to
wit; Total disability" and the rate Of
pension given to that grade becomes the
pension for widows; pensions to living
soldiers are granted according to their
respective incapacity to perform manual
labor; when disability is total $50
month is given. As an equivalent a
pension OF $50 a month, supposed
equivalent for total disability, is granted
a widow. The decision of the United
States Supreme Court which has been so
much misunderstood simply, as before
stated, affirms the judgment of the
Court of Claims and the long established
practice OF the Pension Bureau has
thereby received the sanction of the
highest tribunal in the land.
All OF the members Of the Cabinet
were present at the regular meeting to-
day except Secretary Lamar, who is at
his home in Mississippi The session
was devoted to the consideration OF the
financial condition of the country and
the discussion of the probabilities OF the
action of Congress upon the silver ques-
tion.
The Treasury Department bought no
silver bullion to-day, the prices asked
being regarded as too high.
Among the fourth-class postoffices
raised to the Presidential grade, to take
effect January !. 1886, the salary of the
postmastsrs to be $1,000 per annum, is
Los Gatos, Cal.
About month ago John +. Morton of
Arkansas was appointed through the
Civil Service Commission to thousand
dollar position in the Postoffiee Depart
ment. Nothing was known Of him here
except that he was a school teacher and
the result OF his examination had been
entirely satisfactory, and when this
morning colored man presented himself
everybody was surprised, He is the
first colored man appointed to clerk
ship in that office
The Secretary Of the Treasury to-day
received telegram from Captain Hoop
or OF the revenue steamer Rush. at San
Francisco. stating that after consulta-
tion with Captain Healy of the Corwin
he had decided TO undertake the search
for the missing whaler Amethyst. He
also inquired II the cruise should be
limited to the Aleutian islands or
whether he should push northward, fol-
lowing the ice pack as it broke up in the
spring. Secretary Manning replied as
follows. Take the necessary supplies
and proceed at ouoe. Officers have been
directed to report to you for duty i'm
mediately. Employ a surgeon. Use
your Judgment as to the northern limit
OF the cruise" II is believed at the de-
partment that the Rush will be able to
sail from San Francisco for Bshring sea
on Thursday next.
In view Of the large number OF de-
fective, irregular and insufficient proofs
presented in public land cases, Commits.
sioner Sparks, Of the General Land
Office, has issued circular to Registers
and Receivers Of Land Offices in which
he directs that proofs must in all cases
be made to the satisfaction Of Registers
and Receivers and that cross examina.
tion should be directed to the verifoa.
tion OF the material facts alleged in the
case and especially to the actual facts of
residence and whether the entry is
made or sought to be perfected for the
claimants own use and occupation or
for the uae and benefit OF others. Ready
made proofs. pre- sented merely as pro
foIma acknowledgment without veri6ca-
ton, cross examination or evidence OF
identity, will not, it is stated, be con-
sidered such proofs as are required by
law. Officers taking affidavits and tes-
timeny, are required to call the atten-
ton OF parties and witnesses to the laws
respecting false swearing aad the pen
alties therefor, aud inform them Of the
purpose Of the government to hold all
persons to a strict account for any state
ments made by them