, 1889-10-24
THE COMMITTEES REPORT.

between him and the secretary.
THE COMMITTEES REPORT.
Tho investigating report proper, to
TO which Commissioner Tanner I'm his In
terview refers, covers little more than
eighteen printed pages and is dated Sop
TENDERS, 1899. The report says there
were no records in the pension office
showing specially the number of cases
which had been re rated during the per-
iod suggested in the assistant secretary's
order, and that until the period COM
mencing September, 1888, rc-rated cases
were all included in the record among
those rcissucd for all purposes. Com
mcncing, however, with September 1,
1888, and continuing through each sue.
ceeding month, the certificate division
has noted OH its record of all REISSUES OF
certificates numbered below III 900 those
which have been re-issuod for the pur-
pose of corrections or changing the rate.
On examination the board ascertained
that the issue of certificate No. 17l,O0
brought the work down to about July 1,
1880, the date when the arrears act OF
March 8 1879, took effect, and IL also
appeared that a much larger proportion
OF certificates issued prior TO that date
had been rc.rated than of those issued
subsequently. A report showing the
total number Of cases re-rated during
the eight months specified, and also
showing that in sbout SO per cent Of the
total number of cases re-rated the re-
rating extends back to the date OF dis
charge, is given, and comment is made
that the statement indicates that there
has been u substantial increase in the
number OF cases Te.ratcd from month to
month during this period. which the re-
port says is indicative of what Is appar-
entity the established policy of tho bu-
reau, the result OF which II continued
will be TO readjudicato and rc-rato a
large percentage OF cases on the admitted
tiles.
The report continues The mode of
procedure in a majority of cases Is
about as follows: Pensioners, prompted
by the present liberal policy of the
bureau, In making application Tor in.
crease of pension, also in some applica-
tions. request recruiting, giving no
specific, reasons therefor, but stating
generally that they have been rated too
low. In the process of adjudication the
board Of review has adopted the follow
ing form Of indorsen, mt, which is gen
orally found upon briefs as it's action :
''Rc.ratlng not approved unless mani
fest injustice has been donc IN former
\ rating" After thus endorsed the case
then passes to tho medical division,
where new rate is endorsed on the face
OF the brief without in most cases assign
ing amy reason why the former rating
should be disturbed.
| The theory or rule which the office
claims to follow in tho adjudication of
cases for re-rating is that of manifest
| injustice" in the original or former rat
ing, But an inspection of accompany
ing exhibits will convince you. as the ex-
nf rnn t,n
preparation of the same has convinced
us, that the theory or principle above
mentioned would not have been followed
as a rule. Though the action on the
face of the briefs by tho medical division,
where the responsibility seems to have
been placed, assigns as Il rule no reasons
for re-ratings, that is, does not set forth
that manifest injustice" has been done
or a mistake or palpable error committed
in former ratings, 1t seems manifest,
whatever the reason was theoretically,
that practically, and in fact, the action
in large majority of cases was the re-
suit of medical variance OF opinion from
that which governed the opinion
or former adjudication. II was the opin-
ion of to-day overturning that of ten or
twenty years ago on weight of evidence,
and In many cases an evidence which,
properly considered and weighed, would,
| under the existing law rules and rcgula-
tions, be found Inadequate were cases
now properly open for adjudication on
weight Of evidence.
| The cases which are analysed and
cited In the report are In all important
particulars substantially of the same
general character as those cited in Secre-
| tary Mobiles letter to Commissioner Tan.
ner dated July "a last, and published
yesterday morning.
In regard to the cases of the pension
office employees, the report says that In
adjudication for re-rating the rule OF
palpable error "or manifest injustice in
former rating seems to have been utterly
ignored, and they were almost without
exception readjusted upon the mere
opinion OF the board.
In summarizing its conclusions, the
board says that substantially the same
principles have been followed in general,
so iar, as the, application of any principle
period OF eight months, beginning with
December, 1888, covered by our investi-
CATION.
The practice Of re-rating pensions in
| cases where the papers in which do not
disclose error in the original adjudica-
tion, which is manifest or palpablc, thus
leaving as u real basis for re-rating q
mere opinion OH the weight of evidence
as now viewed, and allowing that opin-
ion to annul and change the former i'd
judication based upon the same cvi-
dence, is violation of the spirit, IL not
the letter of tho law; and oven II this
were not so, 1t is inconsistent with good
practice and contrary to well established
rules CT fevIdencc. The practice Of TAX
ing cases out of their order
and making them. forty eight
hour cases Is especially mischevious,
in that II is apt to be construed us
equivalent to an order to allow, and be-
prevent deliberate and proper considera-
ton. The rule Of practice furnished by
the department and its decisions should
be recognized and followed by the pen.
sion Office, 10 long as It Is not overruled
or modified by tho authority which
made 1t, and the construction or inter
probation of the law by the department
should be accepted by the pension office
as binding and applicable not only tS
the case IN which II Is made but In all
u -