Evening journal., 1889-10-17
NOBLE DEFENDS HIS ACT
He Tells Why He Rescinded
Tanners Order
ADVANCING 81 PENSIONS TO 81.
A Long and Interesting omcial Docu-
ment-rhe Secretary Vigorously De-
Sends His Action-Tanner's Letter TO
Private Daizeil Referred To.

WASHINGTON Oct. 1.-THE following
authoritative statement, prepared at the IN
terror department, in support OF the action
Of Secretary Noble in resembling Commits
sionar Tanner order advancing pensions
from ~ 70 81 per month in certain cases,
has been given 70 the press:
In view Of the recent decision by the de
partment of the interior relating 20 the
authority Of the commissioner OF pensions to
arbitrarily, on his own motion, rerate some
5000 men by advancing their pension on
his ornler from 81 70 g. per month, it is
worthy OF attention that section 4,69sl6 of
the Revised Statutes Of the United States
provides that Except in cases Of per
manent specific disabilities no increase Of
pension shall be allowed 10 commence
prior TO the date Of the examining sur
geons' certificate establishing the same,
madc under tho pending claim for increase"
and also that a rating made by the commits |
sionor Of pensions, except IN certain cases
who're, by law, a specified amount is at |
tached by statute to the disability named, |
is determined by the degree OF disability |
found by medical examination Of the
claimant Thus where a claimants disa
a fixed amount
How They Are Graded.
II one man is found 10 be very little dis
abled he is given lis, or 81; or II he is still
more disabled, PTS, or Sc and IL still more
disabled SIS or 4-ls, and so on. If a man,
for instance has lost portion of his finger
and is thus TO an appreclable degree dis
abled, he may have been rated by some ex-
amining board at 81 for that, and 70 ON in
some other case for some other slight dis
ability If, however, he has suffered from
chills or malaria or some other disability
contracted by him by exposure in tho
swamps during his service as a soldier, and
which may not prove permanent or may I'M
crease he may have been thought slightly
disabled, II at ALL and entitled at the hegin-
ming and almost TO a small fraction Of total,
say 81, which is the amount fixed in many Of
the disabilities allowed In this latter case
It might possibly have been O question with
the board whether he was 20 get anything or
was disabled at all; but from lenlent con-
struotion Of his case they have given him So.
An Injustice to other Soldiers.
II, now, by an order Of the commissioner
without regard 70 this medical examination,
the man who has thus been receiving s2 is
advanced 70 S4, without the man who was
!
8 being himself advanced, It is obvious that
injustice Is done to the higher graded man,
because he IL put upon par with a man evil
! IDENTIFY less disabled. And SO hotweeu soldier
G and soldier there is an unfair preference Of
4 the less injured II these cases. however, arc
all referred to the examining surgeons and
, they find the disability TO be equal 70 81
and it is then allowed, everything has been
done in due order and according 70 law and
\ upon basis that any man can understand,
and which win have limits fixed by medical
knowledge, experience and professional rep
a utation
! On the contrary, If arbitrary orders OF the
4 commissioner are the basis il must result
Z that few are made fayorites and given d
particular amount and the great mass OF
the mon who have depended upon medical
examinations are put at great disadyan
e tage. Therefore, it was decided that there
l. is no authority In law for an order arbl
d trarily increasing great mass Of mems pen
II sions in the face Of the statute already
cited, and which order is not extended 70 al
/. the pensioners cases.
Il The Letter TO Dalzell.
y The commissioner, whose order has givei
10 rise to this decision, in his recent letter Z
a Mr.. Dalzell did not claim that his order wa
Il he said: sWhile commissioner issued twl
IF orders which thought, and still think, wer
f. mighty good ones first, that the 600 mei
on the pension roll at less than 81 montl
should all, unless they had a medical ex
animation within year, be ordered for ex
10 animation before their home board, with
IS view 20 putting them up to at least a pc
D. month pension or drop them Off the roll'
" for It was and is my opinion that man VIII
IS, is worthy of any pension at all, 81 a week
small enough 20 consider pension"
OF Commissioner Tanners order.
\. The order itself read: "April 25 1882
u In all cases where pensionabe disability
"a found, the rate allowed shall not be less tina
~ "A per month, to date from and includin
March q, 1850"
The decision that was made by the assistar
r secretary is in accordance with these tly
: ! propositions The commissioner announce
- one before he resigned his office; the othe
u after, to Mr.. Dalzell. The assistant secr'
4 tary takes them together and not separately
\ The order as made was arbitrary, unqulitie
a and required an advance without examine
u ton to the amount specified at 81 pt
A. month. It did not propose 70 drop any o.
"a as the letter pretended it did, and it did nc
order any one for examination before q
| nome DOIQ rs llt itllti lAtNlAh1t ~ Ai'
IL was an unauthorized, unqualified and
n legal order for every pensioner 10 be advance
10 10 a who was receiving less; it was mao
~ April ., and 1t was proposed TO have il tai
M effect March q.
"a Unauthorized Distribution of Money.
It. A slight consideration Of this matter wi
show that to give away $4,000 a month
the public money on such an order as th
would b. but the beginning Of asystcm /
ne which millions could be expended unco
tic trolled by law, as it was unauthorized I
st precedent There would be no more har
raj in giving to Senator Manderson $4,000 I
ed more than there would be in giving 10 s
Sc. 600 men $4,000 In either case il would
an unauthorized distribution Of the publ
moneys, and the door Of the treasury migl
as well be open to actual invasion as to ha'
me such warrants drawn upon it TO be CASH
OF without questioning. It is also obvious tn
zen such a course as this would not be OF bene
on to tho soldiers ultimately, as it is intend
is only to benefit those who are the least dis
'he bled; in other words those who have q
least claim FOR disability. II one may jud
that these men are 80 DO advanced upon
mere opinion as % what should be the les
ek amount OF pension, the others might just
Of claim tina. their more severe wounds and
re abilities were quite as uncompcnsated
nd those of less degree.
ny Every MANS Pension ~ Ris's.
In other words whenever tho opinion