The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1889-10-22
Report of the Commission Showing
How Corporal Tanner Ran
His Office.
Re-ratings and Increases Made
Simply on Opinion and With
out Testimony
Orders in Fortnight Hour Gases whici
Were Really Instructions TO Increase
the Amount then Paid.

WASHINGTON, Oct. 2l.-The report Of the
committee which investigated the pension
Office is made public. II covers little
more than eighteen printed pages, and is |
dated Sept. 5, 1889. The report says that |
there were no records in the pension Office |
showing specially the number of cases
which had been rerated during the period |
suggested in the assistant secretary's order, |
and that until the period commencing Sep |
tember, 1888, the rerated cases we're all in |
cluded in the record among reissues for all |
purposes. Commencing, however, with |
Sept. /, 1883, and continuing through each
succeeding month. the certificate division
has noted on its record of all issues of GER
tificates numbered below 17l.OD, those
which had been reissued for the purpose of
corrections or changing the rate. On ex-
animation the board ascertained that the
issue of certificate No. 17l,OO brought the
work down TO about July |, 1882 the date
when the arrears act of March 3, 1883, took
effect, and il also appeared that much
larger proportion of certificates issued prior
TO that date had been rerated than
of those issued subsequently. The report
therefore covers all cases numbering below
10000 rerated during the months OF Decenl-
ber, 1883, January, February. March, April,
May, June and July, 1889. showing the num-
ber of cases rerated during the eight months
specified, and also showing that in about S3
per cent of the total number of cas,s re-
rated the rerating extends back 10
the date of discharge, and the com
ment il made that the statement
indicates there has been substantial
increase in the number of cases rerated
from month 10 month during this
period, which, the report says, is
indicative of what is apparently
the established policy of the bureau, the re-
suit of which, II continued, will be TO read
judicate and re-rate n very large percentage
of eases ON the admitted files.
The report continues: "The mode OF pro-
ceedure in majority of cases is about ~
follows: The pensioners, prompted by the
present liberal policy of the bureau, in max
ing an application for an increase of pen
sion, also i'll some applications request Il
re-rating, giving no specific reasons there
for, hut stating generally that they have
been rated too low. and this question is con-
sidered on the application fT nn increase
alone. and in very many caa's II In consid-
cred and action taken without. 81 far az the
record shows, request having been made
the pensi0ner. In the process of
adjudication the board of review
has adopted the following form Of indorse-
ment, which liz generally found upon the
| briefs. as its action: "Rerating not APP
proved unless manifest injustice has been
done in the former rating" After the ac-
tion is thus indorsed the case passes to the
medical division, where the new rate is in
dorsed on the face Of the brief without in
most cases, assigning any reason why the
former rating should be disturbed. The
theory or rule which the Office claims to fol-
low in adjudicating cases for rerating is
that of manifest injustice in the original
or former rating. l3nt an inspection of the
accompanying exhibits will, We think, con
vince you, as an examination of the papers
necessary in the preparation of the same has
convinced us, that the theory or principle
above mentioned has not been followed as a
rule, though the action on the face of the
briefs by the medical division. where the re-
sponsibllity seems 10 have been placed. as
signs as a rule. no reason for rerating-that
Is, does not set forth that manifest injustice
has been done, or mistake or palpable
error committed in the former ratings. II
seems manifest, whatever the reason was
theoretically that practically, and in fact,
the action IN large majority of cases was
the result of a mere difference of opinion
from that which governed the original or
former adjudication. IL was an opinion of
to-day, oyertnrning that of ten or twenty
years ago, ON weight of evidence and. in
many cases, ON evidence, which prop
erly considered and weighted would,
under the existing law, rules and
regulations be found inadeauats
were the cases now properly open for adiu-
dication ON the weight of evidence
The cases which are analyzed and cited
in the report are. in all important particu-
lars, substantially of the same general
character as those cited in Secretary Mobiles
letter 10 Commissioner Tanner, dated July
q last, and published Sunday morning.
The report continues: "One thing seems
manifest, the rule that papable or mani
fest error in the form Of adjudication has
not been, ms matter of fact, the controlling
principle in majority of the rerated cases
however much II mny he urged TO the con-
trary, and adjudicatious in most cases have
been based on mere differences of opinion,
md judgments have been made, as n rule,
without even these reasons for those differ
ences of opinion appearing"
A number Of cases are quoted shown 10
have been indorsed by either the commits
sioner or his former secretary,G. b. Squires,
AZ fOrty-eight hour cases. That is. they
are cases IN which AN order was made re-
quiring final adjudication within forty
eight hours from the issuance of the order
F, This, the report SAYS, seems 10 have been
understood not only 20 be an order for final
der for final favorable action. The board
is unable 10 state where the practice of is
suing such orders originated, but il has
they say, an existence covering the entire
period Of investigation.
! In regard to the cases of the pension Of
fee employees, the report says that in ad-
| judication for rernting. the rule. palpabe
error or manifest injustice in the former
rating, seems TO have been utterly ignored.
and they were almost without exception re-
adjusted upon mere opinion. The
board in summarizing its conclusions saws
substantially the same principles have been
followed in general, so far as the applicn-
tion Of any principle or rule could be dis
cerned. during the period Of eight months.
beginning with December, 1888, covered by
our investigation. The practice Of re-rating
pensions in cases the papers in which do
not disclose an error in the original adiudi-
cation, which Is manifest or palpable, thus
| leaving for the real basis for renting a
mere opinion on the weight of the evidence.
as now viewed. and allowing that opinion 10
annul and change for adjudication. a rating
based upon the same evidence, is in viola
tion of the spirit, il not the letter, of the
law, and even If this we're not 80,
il incOusigtRnt with mood t,ractica and r,Y, '