The Red Cloud chief., 1889-08-30
CAPITAL

~ApuIAe SO1IuN9Ss
An Important Pension Deeision-serioss
Defect In the Contract Labor LaW-Th0
State Department Puxxled--A China
mans wife-An Old Consul Dead.
WASHINGTON, Aug. 2l-Assistant Secre.
tary Bussey has rendered a decision on the
pension claim of Daniel B Kaufman, for.
merry OF Company A, Fortieth regiment
Pennsylvania volunteers. which was
brought before him on . motion for re.
consideration. In his decision he rescinda
rule No rs, made by Commissions
Black. September 4. 1885, and overruled
the opinion of ex.AssIstant Secretary
wkins in the same case, that q 'dishon.
orable discharge" from the service
operates as a ''bar to pension" He also
holds that rule No. 135 was an erroneous
Interpretation of the statutes granting
pensions to the soldiers of the late war for
disabilities incurred in the line of duty,
and declares that the character of . sol.
dier's discharge can not affect his claim
for pension on account Of such disabilities
He holds that . '~'dishonorable discharge"
Is q penalty for q specific ofense against
the service, for which the soldier may be
punished. but that the penalty a not in.
ciude or relate to . claim for pension
based upon disability. Thu two things "
held to be wholly distinct from each
other. and are not governed by the SAM
legal considerations.
The opinion discusses the history Of the
pension system and the practice Of the
department from the organization OF
the system in support Of the pres
emit ruling. The decision rendered by
ex.Secretary Delaney in the case of
Croy, june. 1885. is quoted to the effect
thai there is M statute which in
terms imposes upon . di~shonorably dis.
charged soldier of the late rebellion q dis.
ability to receive . pension, provided he
be disabled by disease contracted or
wounds received while in the line of duty
as q soldier. The act Of July 4. 1861. grants
. pension to any officer of the army who.
since July 4. 1851, had been disabled while
IN the service and in the line of duty.
Neither act or any subsequent act amend
atory thereof or supplementary thereto
contains any provision whatever by
which . pension is denied to Q disabled
soldier Of the wal OF 1851 because he was
dishonorably discharged The allowance
and payment of pension to such . soldier
is conditioned alone upon proof Of disa.
bility incurred in the service and line OF
duty"
The Assistant Secretary holds that for
the Department to impose upon a soldier
the forfeiture OF the right to even claim
pension because of a dishonorable dis
charge which NAV have been inf .cted by
a court martial for an offense of whi0
the court had jurisdiction would be equiv.
alent to Furnishing the soldier twice fof
the same offense. The opinion re-estab-
fishes tire ruling Of the department which
prevailed through all administrations
a~ntedating the issuance Of rule No. LIS
by Commissioner Black.
A VITAL DEFECT
WASHINGTON, Aug. s.-The Treasury
Department has discovered a serious de.
fec, in the law to prevent the importation
IF contract labor. 1t was made while the
case Of the twenty-five glass blowers i'm
ported by Chambers & Mckee. of Jean.
nette, Pa, was under consideration. The
original law provided a punishment for
those who imported laborers under con-
tract, hut made no disposition Of the la
borers. The Fiftieth Congress in the last
days of the first session amended the law
by inserting a provision for the return of
the laborers at the expense Of the steam
Snip SSupou ouSuN oNSl-
However, it did not give jurisdiction in
such cases TO any court and officials Of the
Treasury Department say that if arrests
should be made under it. a writ Of habeas
corpus would lie in each case. This
renders that portion of the law en-.
tirely imperative. and laborers i'm.
ported under contract can remain in
this country without hindrance. The
oueno rnvnodiatolv oHa~$oA aro Vhnsa 10
the Pennsylvania glass blowers and the
Texas granite workers, which havs been
before the department recently.
THE STATE DEPARTMENT PCZzLED.
WASHINGTON. Aug. 21.-Act.ng Secre.
show the London dispatch stating that
the English Government had received Q
communication from the State Depart
ment asking England to cooperate in de.
vising means to prevent the spread Of
contagious and infectious diseases from
we'll known plague eenters in Europe and
the East To his knowledge there had
been no communication Of this character
sent abroad. and it is the opinion of the
State Department that the English Gov.
m must have received it through
some other source. Surgeon. General
Va uluI 1oc uOSpit6t 0cIViCcS
was also seen. He stated that q resolution
was adopted by the quarantine conven-
ton held in Montgomery. Ala. last March,
requesting the State Department to take
steps in this direction through its diplo-
matte channels A similar resolution was
adopted BY the American Medical Asso.
citation on June g asst but NO action on
the subject had been taken by the State
Department to his knowledge.
cHINAMAN'S WIFE
WASHINGTON. Aug. eL-In answer to An
inquiry from q Galveston man. the Treas.
ury Department has decided that the wife
of q Chinese merchant, who may himself
BE- entitled to exemption from the provis.
ions Of the Chinese Restriction acts BY
reason of his residence in the United
States, can not be admitted to the United
States when coming for the first time
alone. or with a returning husband, other
wise than by the production Of a return
ing certificate provided by The act of July
3. 1881.
AN OLD CONSUL
WASHINGTON, Aug. el-The State De-
partment has received a c~ablegram from
the United States Vice.Consul at Porto
Rico. announcing b e death of Consul Ed.