The Republican. [volume] (Oakland, Md.) 1877-current, 1889-05-25
SATURDAY, MAY 25th, 1889.
The Pension Laws.

to be told that under the late Demo-
cratic administration the United
States Pension laws were generally
construed in such way that much
of their plain intent and purpose was
disregarded, even though the strict
letters Of the law was observed.
The ridiculous and unpatriotic de-
cisions which continually emanated
from the Department of the Interior
under the Cleveland regime, in re-
gard to the allowance of pensions for
Injuries received in what is called
the "soldier's line of duty" will be
remembered by all.
All well.Informed persons are per-
fectly aware of the fact that only a
comparatively small proportion of
the deaths and cases of disability in
an army in time of war proceed from
the fire and strife of actual battle.
Disease incurred by hardship, un.
ceasing exposure and insufficient
food, and accidents which. under such
circumstances, are continually occur
ring-these are the causes from which
by far the larger part OF cases of death
aud disability in an army proceed.
1t is obvious that, so long as SOL
der was at the place where his mill
tary duty required him to be. and
was not acting in disobedience to his
superiors, or in contravention of the
rules and regulations of the service,
he was in the performance Of his line
of duty as soldier, ard any dis
abling injury received by him under
such circumstances, though he was
not within gunshot of an enemy,
should entitle him to pension under
q sensible Interpretation of our PEN
sion laws.
That this is the view taken by the
present Secretary of the Interior,
Gen. John w. Noble, a brief glance
at the following cases will show;
In the case of Daniel V. Houser, of
the 10th Indiana Volunteers, who
was pushed over on the ice by COM
rade and seriously injured. either by
accident or in a frolic, while coming
into camp in January, 1864, the De-
partment of the Interior under the
late administration ruled that the
claimant was not entitled to any pen
sion because his hurt was received
while he was not in the "line of
duty"
This decision is very properly set
aside by the present Secretary of the
Interior, and the desired pension is
allowed on the ground that "the evil
dence shows that he 1.-THE claimant)
was in mis- proper place in the SER
vice, and that he was not acting in
disobedience of any military law or
regulation" when he received the
injury on which his claim for pen.
sion was based.
Another and very similar case of
reversal of formal departmental de-
cisions by the present Department
is that of Alexander Mcneil, of the
10th Illinois Volunteers, the claim
of whose widow for a pension was
disallowed by the late Department
on the ground that the injuries which
resulted in the death of the claim.
ants husband were received while
McNeill was engaged in a wrestling
match with a comrade. and that they
consequently did not come within
the category of injuries received in
the slime of duty"
In reversing this judgment and
allowing the claim as valid one. the
decision of the present department is
that the husband of the claimant
"was at the time in camp, where his
duty as a soldier required him to be,
and, in INDUCING in a harmless and
innocent athletic sport, of friendly
character he was not acting in viola
ton of the rules and regulations of
the service. nor disobeying any COM
mands of his superior officers, nor
conducting himself In an unseemlv
or unsoldierlike manner, nor doing
anything calculated to disturb or
transgress military discipline and
good ORDER"
"The Government placed both the
soldier and his comrade with whom
he was wrestling in the position
where it was both natural and proper
for them to indulge in such athletic
sports and exercises, with the consent
of their commanding officers, and
I consider that it would now be an
altogether too narrow and technical
view to hold that an accident result
ing therefrom, under the circum-
stances of this case, would be incur