The National tribune. [volume] (Washington, D.C.) 1877-1917, 1889-07-11
Pension DccIs,ons.

| Assistant Secretary Bussey has rendered an
adverse decision on the pension claim of the
mother of William Stevenson, late of Co. A,
| 14Sth N. Y. The admitted facts relative TO the
death Of the soldier arc rs follows: He accom-
| panied two comrades. who had pass permit
| ting them to go from camp to Norfolk, Va, to
| attend a theater. While on the way he became
| involved in fight with negro, who stabbed
| him, infiicting wound from which he subse-
| quently died. The Assistant Secretary holds
that the soiier'was not in line of duty Mt the
| time of his death, on the ground that a soldier
is not in line of duty while absent on leave, or
on pass, in pursuit of pleasure"
Gen. Bussey has also rendered decision in
the case OF Henry A. Helmer, late of Co. G, 9Th
Ind. On tho second day after the battle of
Pea Ridge the claimant, Mt the request of Lieut.
Kahoe. asked his Captains permission to ride
his 1.-THE Captain'sl horse over the battlefield
The Captain cautioned him that the horse had
already thrown the claimant twice, and might
yet kill him. The soldier took the horse, and
while riding over the battlefield was thrown
against tree, receiving disabling injuries
The claim was originally rejected on March /,
1883, on the ground that the injuries were not
received in line Of duty. Assistant Secretary
Bussey holds to the contrary, and directs that
tho claimants name BIO placed upon tho pom
sion rolls.
Gen. Bussey has also rendered decision 70.
versing tho decision of the Pension Office In
rejecting the claim of Mary, mother OF Stephen
hobbs, private Co. X, 18th N. Y Cav The sol
der Stephen hobbs, enlisted Nov. Is. 1861, for
three years. and died Of smallpox Mt Philadel-
phia April 2, 1862. His mother filed decara-
ton March ID, 1880, for pension as his de-
pendent mother, alleging that she was in part
dependent upon tho deceased son for support
because of the poor health of her husband.
Gen. Bussey says that the only feature of
the case requiring consideration appears to be
that of dependence, touching which question
the Department has uniformly held that the
circumstances surrounding different cases are
so various that no fixed rule OF general applica-
tion can be laid down, but that all the facts in
each particular case must be taken into account
in determining Its merit. He discusses the
meaning of the phrase "adeqnato means of
support as applied TO cases arising under tho
pension laws, and says he believes that it was
intended to mean reasonably comfortable
support.
1t is not believed, he says, that Congress in
tended to provide a luxurious competence for
any dependent relative OF q deceased soldier nor
on the other hand to restrict its benefactiong
TO the bare necessaries Of life. Applying this
construction of the law to the case in hand,
Mr.. Bussey finds that the claimant was during
part of the time since the date of the soldiers
death dependent on tho son for adequate sup.
port, and therefore grants tho pension.
Assistant Secretary Bussey to-day rendered
a decision in the pension case of Marpare:
Guthrie, mother of Clinton J. Guthrie, late of
Go. X, Sth Ind. IL appears from the evidence
in the case that the soldier lost his life by the
sinking Of the United States transport Acacia
on tho night Of Aug. D. 1862. aud that at the
time of the disaster he was returning to his
command rs a passenger upon the Acacia The
claim was originally rejected on the ground
that the soldier was not in line of duty at the
time he met his death, for the reason that
no was then on farlongh or leave of absence.
The Assistant Secretary, IN his decision sus-
tanning tho former decision, says that the fact
that tho soldier was a passenger on q boat
under the control Of Government officers and
on which transportation had been duly granted
TO him, no more places him in line Of duty
than II he had been en- route 10 his home. His
absence was not ordered in the interests of the
public service. nor was II shortened by the CON-
mand of any superior officer. In granting the
furlouRh the Government did not assume any
risks OF travel aud could not be held RESPONSE
Bile for any accideut which might happen to
the absentee dseonnocted with the perform
ance Of military duty. Certain absentees
within tho pnrvIaw of the pension laws are 10
be regarded IL in the field or hospital as
provided by section 1900 Revised Statutes. but
soldiers on ordinary iurlough are not included
therein.