The Indianapolis journal., 1889-12-02

IL administered OtnefWlSe, that they Will De cch-
tent If their claims may be speedily heard. and
each in his turn, without fayoritism or partlality
TO any degree, receive the amount that 10 due
him in the opinion OF those 10 whom the Law sub
mifs the claim. Upon this basis they will receive
literally under the laws, and on this basis the
people of this country. who have ever shown
deposition not only tO favor. but To highly honor
the soldiers who preserved the Republic, VIII De
entirely sat stied with any reward that may be
bestowed upon them. And while IL may be ni'cn
regretted that any irregularities should have
crept into the service under circumstances men
toned. il is fortunate that at this time we'll
defined lines of procedure and nxed principies
for administration OF pensions should have been
brought under consideration. Ii viii, no doubt.
lead to their perfection in practice, as IL has
already TO their great Improvement
The report Of the Commissioner for the last fis-
cal year shows that there were on the rolls, on
classified as follows: 351,4s4 army invalids:
$3.50 army widows, minor children, and de-
pendent relatives; 4.5il navy lnyands: Z;1oe ;,,e
relatives; 603 survivors of the war OF 1sl2; 9So4
widows of those who served in that war; 200
survivors of the war with Mexico, and 6,2O6
widows of those who served in that war The
flames of 81 .921 pensioners were added To the
roll. and the names of 1.7o4 pensioners dropped
from the roll we're restored. making an aggre-
gate of 53,675 pensioners added to the roll dur
ing the year. The names of 16.5O7 pensioners
were dropped for various causes. sleaying thenet
increase for the year 81 ,16s.
The average annual value Of each pension at
the close of the year was $l31.1s, an increase Tor
the year of 1913 in the average amount OF eaen
pension. The aggregate annual value Of all
pensions at the close of the year was $64,-
246.552.36, an increase for the. year OF 1852
331. A.
The amount paid for pensions during the year
was $50. .275, l132S. AN increaseOf 50 499. 20 36
over the amount paid in the previous year. The
tOta. amount disbursed by the agents for all pur-
poses was $50, 131 ,96S.44. At the close of the
fiscal year there was due to pensioners as first
payments OF pension on certificates which had
been issued the sum of $5, ,565, ,27O.31.
The whole number of claims presented during
the year was 24I, ,24O. of which 81 ,22O were for
iuPrpaSP
pension The number OF claims for original PEN
sion allowed was 51,921; the number rejected
was 10, l47. The number of claims for increase
allowed was 123,OO1; the number rejected was
56,679.
An act approved March 3, 1877, directs that
"the law prohibiting payment OF any money on
account of pension to any person, or to the
widow. children, or heirs of any deceased person
who in any manner engaged In or aided or
abetted the late rebellion against the authority
of the United states, shall not be construed to
apply TO such persons as afterward voluntarily
enlisted in the army of the United States, and
who, while in such service. incurred disability
from wound or injury received or disease ON
rnxsn ~ ~" fnr tosa 90 WIG undsr ike crcnm
stances. enlisted in the navy. l concur in the
recommendation that it be amended so as to
make such provision.
The law granting pension to mother or father
on account of the death OF son requires that, to
give title, the condition of dependence should
have existed at the date OF the sons death, and
have been recognized by him. II, since the sons
death, the parents have fallen into condition III
WHICH tney require alu In prONlulng ~ support
for themselves, the law, as II now exists, affords
them no relief. The committees on pensions of
the Senate and House OF Representatives have
established rule under which cases in which a
condition of dependence exists at the time OF aI-
plication to Congress are recommended for relief
by special act, and Congress has acted in accord
ance with the recommendation of the committee.
Justice would be better attained by the passage
of a general law extending to such cases than by
singing out for special acts such cases as are
presented To Congress. and providing that for
such claims il shall be suIficenttO prove that the
parent Is without other present means of support
than his or her own manual labor, or the con-
tributiOns OF others not legally bound FOR their
support.
The act to increase certain pensions, approved
June IL, 1880. provides that all soldiers and
sailors who were then receiving pension OF $50
per month under the provisions of the act of
June Is, S74 should have the same increased to
| $72 per month from June II, 1878. The lam
guage of this act made it applicable only to those
who. on the 10th of June. 1880. were en-
titled to the benefits OF the act of June Is, 1874
| The act made 10 provision for the cases of per
sons who, by the increase OF their disabilities.
| should. after June 10. 1850. become so disabled
as TO be entitled to the benefits OF the act of June
Is, 1874. The result of this is that those who,
| since june l6, 1850. have become SO disabled as
son because OF total and permanent helplessness
receive pension of $50 per month, while those
Sensiom ON e for sabtV of this degree are now on
| the roll at the rate of $72 per month. 1t was
| probably not the intention of the law 10 mako
| such discrimination. between pensioners dis
abled 10 the same extent but the language 0f the
law il clear and explicit that it cannot he
| tended 10 others than those who at the date or
| It's passage were receiving pension of $50 per
! month under the act of June Is, 1874. The mere
statement of these facts is sufficient To indicate
| that there should be a remedy by amendment OF
| the law.
| The amount granted to a widow on account of
each child OF the soldier should be increased, and
1 the pensions of minor children in their right
/ also. concur in the recommendation of the
/ Commissioner that the act OF Aug. z, 1882,
amending Section 74O2 of the Revised Statutes.
lnG sOHfh hat hart Mid 10 1x-ah
| pension Hereunder. the title TO such pension
| shall without further proceedings vest in any
| minor child OF children of the soldier.
There are certain inequalities in the rates OF
pension which are sources of dissatisfaction
| among pensioners and which can only be rene
died by legislation. The act of Aug 4, 1856,
| provides pension of $50 per month for the loss
| of hand or foot Under the IlrOvisO to the same
act the pension for disability one-half that pro-
duced by the loss of hand or foot Is 50 per
| month. For disability equivalent TO the loss of
hand or foot, the pension for the period since
March .. iss3' - sS4 per month. disability
pensiOned ar such proportional part per month
| of SIS as the disability bears TO that which
would be caused by the loss of hand or foot. 1t
| is desirable that there should be in all cases fair
| proportion between the pension and the extent
| Much criticism was brought upon the board.
and the Assistant Secretary, acting under orders
| of the secretary, because of the decision rem
! dered in the case of Daniel Il. Kaufm man. late
/ captain Company A, Forty-eighth Regiment
| Pennsylvania Volunteers. wherein the only ques-
ton To be determined was whether or not a dis
| honorable discharge from the service involved a
forfeiture either title claim pension for dis
abilities incurred in the line of duty This question
was considered only. as it necessarily had to he.
in its legal aspects and was decided after thor
| Ough examination of the statutes, as well as of
| the established precedents OF the department.
| This was in harmony, also, with de-
cision involving the same question rendered by
| Hon. Joseph Holt, JudgeadvOcate of the army.
That able jurist therein stated that "the pension
| is granted on account OF disability incurred by
| the party in the line of duty while in the military
| service wholly irrespective of the circumstances,
he may subsequently have become separated
| from the army"
This is the state of the law, UNIQUE stionably,
| and must be cOnfOrmed to until Congress shall,
| In its wisdom, otherwise direct. But the Secre.
tary thinks the pension roll surely should be one
| where no deserter of his cOuntry's flag, nor any
| man who was dishOnOraby discharged from the
| army, should appear. AS To the deserter no ar
/ gument ia required. He Is never allowed "A pen
sion because he is STILL so far as the law is con-
| cerned. in the service of the United states. He
| has never been discharged, and consequently
/ cannot obtain a pension. But while there NAV
| be cases where dishonOrably discharged soldier
i is yet worthy of consideration for what he NAV
| have done before this disgrace fell upon
| him las, for instance, where he may
| have been seriously injured in some battle and
the articles OF war. perpetrated i'm moment OF
| passion or OF weaknessl, nevertheless the same
| principles of discipline and of honor that ought
| TO have prevented him from disgracing himself
at all should afiix to him the penalty of forfeit
| Ing whatever he may have previously deserved
| because OF his good service Thus his comrades,
| who had undergone every danger and resisted