Wichita eagle., 1889-10-22
THE BOARDS REPORT.
Findings Of the Special Commission On
Pension Gases.

Pension Gases
WASHINGTON. Oct 2o.-The report covers
a little more than eighteen printed pages
and is dated September 5, 1889. 1t is adj
dressed to Hon. Cyrus Bussey. assistant
secretary Of the interior and is signed by
George Ewing. T. l.. Campbell. H: l..
Bruce. special board of examiners"
Accompanying the report and made a
part of it, are 455 exhibits, representing
the analysis of that number of cases, each
of which, says the report, represents in
theory and practice, a large number of
claims.
The board in its report says: 'On the
23rd day O. uly we called upon Commits
sioner Tanner, presented copy of our in
structions and were informed by him that
be was pleased to know that such investi-
CATION was in contemplation and at once
provided room for our occupancy, and
offered any other facilities necessary to
aid US in the prosecution of the work"
The report then says there were no re-
cords in the office showing specifically the
number of cases which had been rerated
during the period suggested in the assis-
tant secretary's order, and that
in Deriod commencing September,
lSSS, the rerated cases were all Included In
the record among the reissues for all pur-
poses. Commencing, however, with Sep
TENDER l, 1888, aud continuing through
each succeeding month, the certificate oil
vision has noted on its record of all rels-
sues of certificates mum ered below l1l,OO0
those which have been reissued for the
purpose OF corrections or changing the
rate. On examination the board ascer-
tanned that the issue of certificate No. H.
600 brought the work down to July l, 1880,
the date when the arrears act of March 80,
1879, took effect, and it also appeared
that much larger proportion of the GER
tificates issued prior to that time had been
rerated than those reissued subsequently.
The report, therefore, covers all cases
numbered below Ii, 900, rerated during the
months of December 1888, and January,
February, March, April, May, June and
July 1889.
statement showing the total number
of cases rerated during the eight months
specified and also showing that in about
50 per cent of the total number of cases re-
rated, the rerating extends back to the
date of discharge is given, and the COM
Inent is made that the statement indicates
that there has been substantial Increase
in the number of cases rerated from
month to month during this period, which
the report says is indicative of what is an
established policy, apparently, of the
bureau, the result of which, II continued,
large per cent of the cases on the admitted
files.
The report continues: 1.-THE mode of
procedure in the majority of cases is about
as follows: Pensioners prompted by the
present liberal policy of the bureau, in
making an application for an increase OF
pension, also in the same application,
reason therefor. but StaCing generally
that they have been rated too low; or that
this has been considered on application for
increase alone and in very many cases it IS
considered an action taken without, so far
as the record shows, a request having been
made for such action on the part OF the
pensioner. In the process of adjudication
the board of review have adopted the fol-
lowing form of Endorsement, which Is gen.
orally found upon the briefs as its action:
"Rerating not approved unless manifest
Injustice has been done IN former rating"
After action thus, Endorsed, the case then
passes to the medical division, where the
new rate is Endorsed on the face brief with
out in most cases. assigning any reason
why a former rating should be disturbed.
the theory of rule which the Office claims
to follow in the adjudication of cases for
rerating, is manifest injustice, in the orig
inal or former rating. But an inspection
of the accompanying exhibits will, we
think, convince you, as the explanation OF
the papers necessary IN the preparation Of
the same has convinced us, that the theory
or principle above mention has not been
followed as A rule, though the action on
the face of briefs by the medical division,
where the responsibility seems to have
been placed, assigns, AS a rule, no reason
| for the reratlngS as made
that it does not set forth
that manifest injustice has
been done, or palpable error
-
seems manifest, whatever the reason was
theoretically, that practically and in fact,
the action in large ma oritv of the cases
was the result of mere difference of opin-
ion from that which governed the original
or former adjudication.
1T Ewas the opinion of today over
turning that of ten or twenty years
ago, on the weight of evidence and, in
many cases, on evidence which, properly
considered and weighed, would under
existing laws rules and regulations, be
found Inadequate, were the cases now
properly open for adjudication on the
weight of evidence"
Several exhibits attached to the report
are cited and analysed as to what is meant
in the report. Two cases rerated prior to
Mr. Tanners taking the Office are cited as
illustrative OF the methods which then
prevailed. OF these cases, the report says:
1T becomes apparent that so far
as any rule or action prevailed.
there was not, generally speaking,
wide difference between the prin-
ciples which governed reratings in Deem
Der, 1883, and those which governed in
May, 1889"
The cases which are analysed and cited
in the report are in all important particu-
lars substantially of the same general
character AS those cited in Secretary
Mobiles letter to Commissioner Tanner,
dated July n last, and published yester-
day morning.
The report continues: cone thing seems
manifest. the rule 'palpable or manifest
error III former adjudications has
not. in any proper sense, as
applicable to deliberate official judgment,
been. as a matter of fact, the controlling
principle in a majority of the rerated cases,
however much it may be urged to the con
trary. The adjudications in most cases
have been based on mere difference of
opinion and the judgments have been
made, as a rule, without even the reasons
for those differences of opinion appear
ing"
HERCUlEAN STRENGTH.
Continually on the strain, or oyertaxed