The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1889-10-17
Rights of Worthy Soldiers Not Inter-
fered With by a Reversal of the Order.
Another Interview With the DepOsed Commits
sioner in Which He Savagely Attacks Mr..
Bussey and His Recent Ruling.
Statement from Secretary Noble Concerni
the Two-Dollar Pensions.

THAT RESCINDED ORDER.
Statement from Secretary Noble Concerning
tho Two-Dollsr Pensions.
WAsHINGToN, Oct. 16-The following
authoritative statement prepared at the In
terror Department In support of the action
of Secretary Noble In resembling Commits
sioner Tanners order advancing pensions
from 81 to s. per month in certain cases
was given to the press tonight:
''In view of the recent decision by the
Department of the Interior relating to the
authority of the Commissioner of Pensions
arbitrarily, on his own motion, to re-rate
some IS, 900 men by advancing their pension,
on his order from s. to "a per month, it is
worthy of attention that Section 469S12 of
the Revised Statutes of the United States
provides that Except in cases of perma-
nent specific disabilities, no increase OF pen
sion shall be allowed to commence prior to
the date of the examining surgeons certif-
cate establishing the same made under the
pending claim for increase and also that
a rating made by the Commits
sioner of Pensions, except IN
certain cases where, by law. specified
amount is attached by statute to the dis
ability named, Is determined by the deGree
of disability found by "A medical examina-
tion of the claimant. Thus, where claim
ants disability is total he is given. under
formerly s.. and is now fixed at different
amounts for different cases; among Others,
SIS and the amount that wOnld be SIS for
total disability is subdivided into fractions
that is less than the total for the lesser de-
grees of disability. Thus. if one man is
found to be very little disabled by the
medical board he is given one-eighteenth,
or 81; or If he is. still moro disabled. two
eighteenths or 81. aud if still more dis
abled, three-eighteenths or 81, and so on.
If o man. for instance. has lost portion of
his finger and is thus, To an appreciable de-
gree disabled, he may have been rated by
some examining board at 81 for that, and
SO in some other cases for some other slight
disability. Ii, however. he has suf-
fered from chills or malaria. or
some other disability contracted by
him by exposure i'll the SwampS during his
service as a soldier. and which may not
have been thought slightly disabled, IL at
all, and entitled at the beginning
almost TO a small fraction of the total, say
-. which is the amount fixed in many of
it might possibly have been question
with the board whether he was to get any
thing. or was disabled at all; but from a
lenient construction of his case they have
given him 81.
ssIf now, by an order of the Commission
er, without regard to this medical examina-
tion. the man who has thus been receiving
81 is advanced to "a, without the man who
was more disabled, and who had been rated
at "a. being himself advanced, it is obvious
that injustice is done to the bigher-graded
man, because he is put upon par with q
man evidently less, disabled. And so. be-
tween soldier and soldier, there is an
unfair preference of the less injured. If
these cases, however, are all referred
to the examining surgeons, and they find
tho disability to be equal to 81, and it is
then allowed. everything has been done
in due. order and according to law. and
o hos alcf hot aud rcfn Il
and which will have limits fixed by medical
knowledge, experience and professional
reputation.
'On the contrary, if arbitrary orders of
| the Commissioner are the basis it must re-
suit that few are made favorites
and given particular amount. ard the
! great mass of the men who have to depend
| upon medical examinations are put at a
| great disadvantage. Therefore, it was de-
| cided that there is no authority In law for
! an order arbitrarily increasing great mass
| of mems pensions In the face of the statute
already cited. and which order is not ex-
tended to all the pensioners cases.
The Commissioner, whose order has
| given rise to this decision, in his recent
letter to Mr.. Daizell. did not claim that his
| order was TO be construed according to its
terms. for he said:
"while commissioner issued two orders which
| thought. and still think, we're mighty good ones
first, that the 33. 600 men on the pension roll at
less than 81 month should all, unless they
| had had q medical examination within year
medical boards, with view to putting them uI
! TO at least 81 per month pension, or drop them
s Who 0i is " wcThy S" of any my at an
| dollar week Is small enough TO consider pen
| sion.
| The order itself read:
| april, 25, 1880.
found the rate allowed Shall not be less than s.
1859" ''"i'''
"The decision that was made by the As
sistant Secretary Is in accordance with these
two propositions The Commissioner an.
| nOunced one before he resigned his office
the other after. to Mr.. Dalzell. The Assist
ant Secretary takes them together and not
| separately. The order. as made. was arbi
trary, unqualified and required an advance
| without examination to the amount speci
| fled at S4 per month. 1t did not propose Il
drop any one. as the letter pretended it did
| and it did not order any one for examina
tion before their home board as the lettel
pretended 1t did. It was an unauthorized
unqualified and illegal order for every
pensioner to be advanced to 81 who was re
celying less. it was made April 25 and i
| was proposed to have 1t take effect March 81
"A slight, consideration of this matter
| will show that to give away SCI, 600 month
of the public money on such an order al
this would be but the beginning of sys
tenn by which millions could. be expended
uncontrolled by law, as it was unauthor
lied by precedent. There would be nt
more harm in giving to Senator Mandersor
| $1,000 or more than there would be in Civ
ing to IS. 600 men S66. 900. In either case i
would be an unauthorized distribution o
the public moneys. and the door of tn,
Treasury might as well be open to aetna
invasion as to have such warrants drawn
upon it to be cashed without questioning
1T is also obvious that such course a
this would not be of benefit to the soldier
ultimately, as it is intended to benefit onl,
those who are the least disabled; in othe
words. those who have the least claim fo
disability. If one may Judge that thes
men are to be advanced upon mere opin
ion as to what should be the least amour
of pension, the others might Justly clam
that their more severe wounds and dsabili
ties were quite as uncompensated as thos
of less degree. In other words
whenever the opinion of Com
missioner. without Investigation, j
substituted for actual examination a
to disability. every mans pension is put a
risk. either to be so exaggerated as that tn
government or people would not allow il
or to be so disparaged as that nothing coul
be obtained. If you can drop man who i
receiving So per month from the pensio
rolls on n mere opinion of commissions
you can drop off a great many others re
ceiving more on the same principle. It is
mere question of whim and caprice. 1t
upon this that il has been insisted that tn
law should be adhered to and the prece
dents established should have weight.
1T must also be obvious in all this tha
there is no expression, as there is no dlspC
sition to prevent any deserving soldie
4 = -. - - H. II.