The National tribune., 1886-12-23
49TH CONGRESS.
Legislation that Concerns SOldi'rS
and Their Relatives.

bill.
GENERAL PENSION BILLS.
Mr.. Laird Neb) introduced a bill III r.
1922 requiring that certain laws and parts Of
laws shall be printed on the pension certificates
of invalid pensioners Cor the information Of the
holders thereof and for other purposes
Mr.. Long Mass introduced bin Oh. r..
l0l32) 20 allow soldiers and sailors in the
United States service who have lost both arms
an increased pension.
Mr.. Whiting Mass introduced bill (H. r.
l0l36 establishing the qualifications of Exam
ining-Surgeons in the Pension Department
Senator Harrison Gnd.) introduced bill
Is 2g7d) TO increase the rate OF pension for els
ablity equal 10 the loss Of hand or foot.
IEUT. MYRoN z. DUNLAP.
The Senate passed the House bill for the re-
lief OF Lieut. Myron T. Dunlap l4th n Y. III.
A. The report on the bill states that he en-
tered the military service of the United States
rs Second Lieutenant OF Co. j, 18th " Y. Vols.
his associates in that regiment bear testimony
20 lis fidelity 10 duty as an officer during the
time hg served with IT, lie was hOnOrably
discharged from that regiment on the 9th day
of December 1862 The motives which led TO
his discharge were these His health had be-
como impaired and he felt unable to perform
the duties dcvolving upon him. He subse-
Qucntly entered the military service as First
Lieutenant In the 9Th n. Y. Art. and served
with that regimen; until the 2Sd day OF Janu-
AIRY. lS6s When be was sentenced by general
court-martial 10 be cashiered and TO be forever
disqualified from holding any Office of profit
or trust under the United States Government
During the time he served IN the l4th Regi-
meut Of Artillery hc made an excellent mill
tary record Lieut.. Theodore p. Cook, Of the
Hath n. y. Art, says;
lie Dunlnp went to the field with the l4th n.
Y. Art. and WIS with the regiment doing active
H. NJ 81 Ruufru
time Of s discharge. and was with the regiment IN
all tlie engagements during that time. Al the bat
tle 81 the Wilderness he WAS conspicuous IN COM
handing 'hv skrmi.h-line IA front Of our brigade,
aud in capturing number of prisoners Again, on
the l1h 81 Junc 1854, nj Petersburg he had charge
OF the skirnlishers ia front and exposed TO
CALLING fire most OF the day. In the evening of
the same day he was wounded IN the shoulder from
piece Of shell which glanced from tree near
where the line was being formed. Lieut.. Dunlap
was brave, honorable soldier, and have always
regarded his dismissal = a great outrage and
crime aud the Government ought TO set il right by
placing him back on the muster-rolls of his regi
ment and by treating him Ia all respects as though
he had been mustered out with his regiment at the
close OF the war.
He rendered his resignation while before the
enemy, on account Of differences with his SUI
perior officers. for which he was court-martialed
and cashiered. The bin revokes the sentence
and gives him an honorable discharge
TRIAL by JURY TO PENSION CLAIMANTS.
The Senate considered for a short time the
bill 20 give the right Of trial by jury to pension
claimants whose applications have been rejected
by the Secretary of the Interior on appeal from
the decision of the Commissioner of Pensions.
The committee presented the following fayora-
BILE report:
great number Of pension claims. after years Of
earnest prosecution nt grent expense 10 the parties
finally rejected by the Department often where
the evidence Is very conflicting and great doubt
exists Of ihe Justice Of the decision. The methods
trial eUt1gtaufallg - Ntfhouf tho nd
vantage OF personal examination OF the party and
witnesses IN presence Of the tribunal which decides
the cause cannot be remedied under the present
system OF adjudication. Yet The rights concluded
are Of much greater pecunnry importance than the
ordinary amounts involved ln litigation and 10 the
soldier, his widow, minor children. and dependent
relatives the determination of these questions
generally involve the comforts OF life and not un-
frequently existence itself.
The great mass OF applications for relief by special
legislation grow out OF the dissatisfaction of claim
ants who have prosecuted their claims for many
years under the greatest difficulties with the final,
ano a. they believe unjust, decision OF their claims
Consequently they come 10 Congress-, and their petit
tions mus; be heard. The present Congress there
have been more than $500 bile for special acts OF
pension introduced in the two Houses of Congress
-SS8s IN the House and 764 in the Senate-and
probably not less than 000 will be introduced be-
lore Congress ends. or these Cts have passed the
Congress How many will become laws Il unknown
90 the committee. Probably et least nineteen
twenieihs OF the bls are substantially appeals from
the decision Of the Pension Oilice.
There is every reason 10 believe that This army OF
petitioners for redress viii Increase annually for
nlnny yenrs There is no escape from the eousid.
oration OF these cases by Congress by some local
tribunal, with opportunity 10 examine The parties
Witnesses. aud proof and decide finally upon these
controversies.
We can conceive OF no possible reason why the
trial by jury should not be allowed 10 these sppli-
cants slice u az insured by constitutional proYis-
toiis % every other of vested rights No other
tribunal bui the regular judiciary OF the country
can settle. 10 final satisfaction these claims We
believe thm the passage OF lac bill would subslan-
tally remove tlle overwhelming labor which op-
presses the Congress and the Executive with a work
which can neither be ignored nor yet satisfactorily
performed.
The great Of cases would still continue 20 be
finally decided by the Department Of the Interior,
which. notwithstanding the imperfections inherent
IN The sysen, j. able 10 adiudiclte satisfactorily
npon claims under the pension laws, but some
thing must be done 10 provide for those who now
come 70 Congress FOR relief, and IN most with
righteous demands under the general laws which
they have not been able 10 establish 10 the salts
faction Of the Department which Is compelled 10
try their causes under every embarrassment and
dinleulty surrounding the forms Of investigation
and the formation Of just conclusion in the premi-
ses
Senator Blair n. H., explaining and advo-
eating the bill, said:
This is a bin which was reported without any
minority report and, far ar know. certainly at
she time OF action ia the committee without onno-
sition. Its purpose Is 20 remove il possible The
occasion for special legislation in regard 20 pension
cases to such an extent as II possible. The report
extent thai They exist al the present time la the
history ol this Congress for the reason that the
report was submitted several months ago ANY
one connected seriously. who las really anything
Go do with the business OF the Pension Committed
ana whose membership OF that committee Is moi
merely nominal, 20 far its labor Is concerned
VIII know very well that ID j. highly imDoftant
that some method be contrivcd by the wisdom OF
Congress that viii give the opportunity OF adjudi-
eating, la satisfactory manner the pension claims
which now come here. and must continue 10 come
here Tor special legislation.
The cNi ting Jaw contemplates that cases he
prosecuted 10 iinal decision by tlo Secretary of
the interior. The eases which come 10 Conpress
arising under Tie general laws comprise M think,
al least four itls Of all those that we are called
upon 10 aci upon nt All. ~ could give 20 these
parties in their own vicinity, where they live the
opportunity 81 trying their cases over again al
thelr own expense Tie bin leaves them u do II
al ni by the action 81 the district court, either the
decision 81 the Judge or AN auditor Jury II the
party choose 10 ask Tor jury, II would relieve
Congress entirely 81 this class Of applications for
There would be no use remaining for coming 10
tins body. Whore "A man can get his jury trial and
his adjudication by tle aWs Of The land IN accord
ance with The procedure OF the common law he
ought 20 be satisfied and would be satisfied aud il
would be sufficient answer TO such "a man coming
% Congress 10 say 10 him Apply 10 the court hi
your own vicinity, aud abide the action of a iury
OF your own nelghbors
Il is with THE view that this bin II devised OF
course there would be still remaining special cases
that arise outside Of general laws which come here
on petition but the great mass of the work v,hicI,
now embnTTnhscs thg committed aud which docs
not always result satisfactorily to the claimant
hnd whlchls also attended with great sacrifice oi
une ana great labor aud great expense 10 the
claimant on nj least usually So would be obvinted
The bill was referred back TO the Committee
for further consideration.
REDEENING TRADE DOLLARS