The Helena independent., 1889-04-17
PLENTY OF MONEY
Decisions by Secretary Bussey on
Questions Affecting the Welfare
Of Union Soldiers.
A Veteran Injured by Some Playful
Companions to be Put on the
Pension Rolls.
An Ensign Not 90 Lucky-A Ruling which
shows IL Pays for Troops TO
be Cleanly.

WASHINGTON, April l6.-Assistant Sec
sion decisions In which is involved the i'm.
portant question Of when may and when
may not soldier be considered In the line
Of duty. The first case was that OF w. II
Brokenshaw, late of company "Hn (2qth
Michigan volunteersl who applied for an
invalid pension. The basis OF his claim
was injury TO his left side, incurred In the
service at jackson, Michigan. March S. 1865
said injury having been caused by three
soldiers jumping on claimant while he was
climbing into his bunk, crushing his ribs
OF the left side just below the heart The
claim was rejected by Commissioner Black
upon the ground that the claimant was not
Injured while In the line OF duty. Assist
ant Secretary Bussey, In his decision TO.
day, over ruled the former decision and
directs that Brokenshaw's name be placed
on the pension roll, rating his disability In
accordance with the law.
The other case was that OF G. IL. Sedg-
wick, late midshipman OF the United
States steamer Santee and the United
States steamer Constitution. The claim
ant In this case was Injured by kick from
comrade on board ship. lie was at the
time, 10 use his own language, "twitting
and teasing his comrade," who, becoming
incensed, administered him q kick fron
which his disability resulted. The assist
ant secretary In this case sustained the
former decision rejecting the application
and adds that II Is apparent that the claim.
ant not only contributed directly 20 pro-
duce the cause OF his injury, but that he
was engaged at the time In manner mani
testify In violation OF the rules and regula-
tions OF the service.
The third case Is that OF Elizabeth Hull.
the widow Of VIM. Hull, 4 soldier who died
in the military prison at Nashville of in
flammation OF the pleura, contracted In
prison. The soldier, II appears from the
evidence, was arrested and confined In
prison for being absent from his company
and regiment without permission. In this
case ne says: "To entitle the widow to
pension the wound, injury or disease which
caused her husbands death must have been
contracted ms result with compliance by
him with the requirements OF military
duty. Such connection between the fatal
disease and the service did not exist In this
case. The former decision Ia adhered to. /"
Assistant Secretary Bussey on the 18th
rendered an important pension decision In
the case Of Nancy Brooks, mother OF Isaac
ID. Brooks, late private company "H" 9Th
Ohio volunteers. While the soldier was
bathing In Wheeling Creek. near West
Virginia, July 8. 1855, he was drowned.
The application was rejected upon the
ground that the death Of the soldier had no
direct connection with his military duty.
Assistant Secretary Bussey says: al am OF
the opinion that the soldier was
acting In accordance with and
In furtherance of the regulations
OF the service and the orders OF his superior
officers requiring him 10 keep himself In a
cleaDly condition, and the season OF the
year rendered bathing In the creek the
most natural. reasonable and practicable
method OF complying with his orders.
Unless IL appears, therefore that the sol
dier met his death by drowning, under
such circumstances, by reason of his own
contributory negligence, or careless
conduct, he would, in my opinion, un-
questi0nably be In line OF duty" There
being no evidence OF this character the
former decision rejecting the claim Is re-
versed and the pension allowed.