The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1889-08-30
CAPITAL CULlINGS.

An Important Pension DectstOn-SeriOus
Defect i'm the Contract Labor Lxw-The
state Department PuzzIed-A China
mans wife-An Old Consul Dead.
WASHINGTON, Aug. eL-Assistant Secre.
tary Bussey has rendered decision on the
pension claim of Daniel B Kaufman, for.
merry of Company A, Fortieth regiment,
Pennsylvania volunteers, which was
brought before him on a motion for re.
consideration. In his decision he rescinds
rule No. 1S5. made by Commissioners
Black, September l. 1885, and overruled
the opinion of ex.Assistant Secretary
Hawkins in the same case, that a ''dishon.
orable discharge" from the service
operates as '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 " ar for
disabilities incurred in the line of duty,
and declares that the character of a sol.
dier's discharge can not affect his claim
for pension on account of such disabilities.
He holds that ''dishon orable discharge"
is a penalty for a specific offense against
the service, for which the soldier may be
punished. but that the penalty can not in.
clude or relate to q claim for pension
based upon disability. The two things are
held to be wholly distinct from each
other, and are not governed by the same
legal considerations.
The opin ion discusses the history of the
pension system and the practice of the
department from the organization Of
the system in support of the pres
snt ruling. The decision rendered by
ex-Secretary Delaney in the case Of
Croy, June. 1855. is quoted to the effect
that 'there is no statute which in
terms imposes upon q dishonorably dis.
charged soldier of the late rebellion dis
ability to receive a pension, provided he
be disabled by disease contracted or
wounds received while in the line of duty
as soldier. The act of July 4. 1862. grants
pension to any officer of the army who,
since July 4. 1861, 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 a pension is denied to a disabled
soldier of the war of 1861 because he was
dishonorably discharged. The allowance
and payment of pension to such a soldier
is conditioned alone upon proof of disa-
bility incurred in the service and line of
duty"
The Assist ant Secretary holds that for
the Department to impose upon soldier
the forfeiture of the right to even claim
pension because of a dishonorable dis
charge which may have been inflicted by
a court martial for an Offense OF which
the court had jurisdiction would be equiv
alent to Furnishing tie soldier twice for
the same offense. the opinion re-estab-
fishes tire ruling of the department which
prevailed through all administrations
antedating tie issuance of rule No. 125
BY Commissioner Back.
VITAL DEFECT.
WASHINGTON, Aug 2l-The Treasury
Department has discovered a serious de-
feet in the law to prevent the importation
IF contract labor. 1t was made while the
case of the twenty-five glass blowers inn
ported by Chambers & Mckee. of jean
nette, Pa. was under consideration. The
original law provided a punishment for
those who imported laboTers under con-
tract, but made no disposition of the la
borers. The Fiftieth Congress in the last
days of the first session amends d the law
by inserting provision for the return of
the laborers at the expense of the steam
ship company which brought them over.
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-
trely imperative, and laborers i'm.
ported under contract can remain in
this country without hindrance. The
liat Of %
the Pennsylvania glass blowers and the
Texas granite workers, which have been
before the department recently.
THE STATE DEPARTMENT PUZZLED.
WASHINGTON. Aug 2l.-Actng Score.
tary Wharton expressed surprise when
shown the London dispatch stating that
the English Government had received a
communication from the State Depart
ment asking England to cooperate in de-
vising means to prevent the spread Of
contagious and infectious diseases from
well known plague centers in Europe and
the East To his knowledge there had
been no communities ton cf this character
sent abroad and it is the orinion of the
State Department that the English Gov.
eminent must have received it through
some other source. Surgeon General
Hamilton. of the marine hospital service,
was also seen He stated that a 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 dip!o-
matte channels. A similar resolution was
adopted by the American Medical Assoc
citation on June % iast, but no action on
the subject had been taken by the State
Department to his knowledge.
A CHINAMAS's WIFE.
WASHINGTON. Aug. 2L-In answer to an
inquiry from a Galveston man. the Treas.
ury Department has decided that the wife
of a 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 returning husband, other
wise than by the production of return.
ing certificate provided by The act of July
s. 1884.
AN OLD CONSUL
WASHINGTON. Aug. 21-The State De-
partment has received a caolegram from
the United States Vice-Consul at Porto
Rico. announcing the death of Consul Ed.
ward Conroy. He was the oldest of
United States Consuls, and in length Of
service, was the junior of bu. one man.
the Consul at Gibraltar. He was ap-
pointed Consul at San Juan. Porto Rico,
in 1SC9, and was fully eighty years old
Government Letters Stolen.
OTTAWA. Ont, Aug. a1.-The losses of
money from Government letters addressed
to the Bank of Montreal continue. Every