The Indianapolis journal., 1889-12-02

The Secretary treats at length the subject
of pensions. the essential points being con-
tanned in the following excerpts:
The estimates for pensions made for the fiscal
year beginnlng july 1. 1889. were not only IN
adequate but must have been known 10 be so
when recommended to Congress. The estimate FOR
The previous year was $SO.OOO.OOO. But before
tnis estimate Tor the present year was completed,
Ii was apparent that deficiency would be in
curred. as II was incurred for the previous year.
10 the amount OF at least $s.0OO.OOO. and that
THIS added to the original eighty millions would
not be enough TO meet the obligations accrulng
before the end of even that fiscal year.
increasing and if the navments of 1sss-sg
could not he met with $s0,OO0,0OO. but deti-
cheney bill had to be passed for QUO 600 more,
II must have been anticipated that the former
commissioners successor would be run into
deficiency. Yet the estimate for pensions was
suit IL the cause were not so easily detected,
might produce an unfair comparison between
the previous administration and the present as
To the amount to be expended In this branch or
the service. I 90 not hesitate, however, to as
suIne the responsibility, as have done III the es-
Inmates for the next fiscal year, OF recommending
an increase in the appropriation for pensions so
that a liberal and legal payment may be made to
all the deserving pensioners OF the Republic.
This sum will reach S97.2lO,252.
It is recommended that a pension he granted
TO every soldier and sailor who did substantial
service during the war i'm the army or navy, and
was honorably discharged therefrom. and who,
being dependent on his daily labor for his sup
port, Is now. may hereafter be, disabled from
subsistence n
regard to its own dignity and character should
prevent the government from allowing any or
the men who fought To maintain the Unlon TO
suffer from want. when they have become 80 IN
capactated. IL is well known to all our people
that many who were never disabled In the nsht
or the service were yet those VINO met tue
Ously and faithfully. That Providence saved
them from wounds or disease. and that their
strong constitutions wlthstoOd the hardships OF
the field, give no reason why they should be lett
dsregarded and unsupported now. The pension
L. paid by the government IN reward Tor past
services 10 those who fought to maintain its ex-
istence 1t has the sanction of the Law of self
preservation, which no government in tho treat
ment of its veterans can safely ignore. The
preservation of the Nation for which these men
fought and endured 80 much TO secure has given
to all our people wonderful degree OF pros
perity, and an almost unlimited ability To pay
any obligations honor imposes
am not disposed To confer upon all who may
s .as limits dnu s
those who demand a pension. Nevertheless,
disregard OF those of the service named whose
disability has become since the war; so great as
to make them dependent, would be both unjust
to them and unworthy of our country.
You, however, have considered these matters
SO deeply both in the halls OF legislation and in
your present high position, that there would be
no need for me to mention them were II not that,
the Pension Bureau being in my department. any
omission of the subject on my part might be mis-
understood and miscOnstrued.
soon after the commencement OF yOur'adminis-
tration there sprung up in the Bureau of Pen
si0ns practices In regard TO the rerating of pen
siOners that required the Intervention OF tho Sec
retary. This practice was suggested by the acts
of the previous Commissioners. 1t was found that
numbers of those who had been receiving pen
siOns, many OF whom were employees in the Pen
sion Bureau. had had their pensions not only in
creased tsome upon application therefor and
some without such application), but the increase
had been ordered t0 take effect long anterior 10
the application; and. on the orders OF the Com
missioner, large sums OF money had been paid
to these persons. Many of the cases had also
been made special" that is preferred IN tim time
cases" had been hurried through an examination
and the pension increased within two days.
The attention of the Commissioners was called
| to these cases and disapprobation of such allow
ances expressed; the Commissioner, on the l1th
of July. wrote to the Secretary that ''Whle the
Secretary of the Interior has the power tOreverse
the decision of the Commissioner of Pensions on
appeal by a claimant against whom the Com
missioner had decided. on the other hand. ii for
any reason it be held that rhe claimant has been
granted too much pension, the Commissioners
himself is the only person vino hasthe power to
call halt and reduce the pension" and based
| this conclusion on Section B. act of June II,
| 1879, which reads follows: THAT Sections
| 4771. 4772 and 4773 OF the Revised Statutes of
| the United States providing for biennial exam
nations OF pensioners are hereby repealed: Pro
| yided, that the Commissioner of Tensions shall
| have the same power as heretofore 10 order
| special examinations whenever In his Judgment
| the same may he necessary, and TO increase or
reduce pensions according TO right ana justice
reduced except upon notice to the pcnsioner and
hearing upon sworn testimony, eXceptas to the
certificate or the examining surgeons
4 To this the Secretary replied. July 24. 1889
that the power granted tie Commissioner OF
Pensions by this section is expressly no greater
than heretofore and refers only TO increase or
reduction of pensions according To right and
| Justice, and not 10 rerafng, which Is giving n
| new and increased rate and ordering it To take
effect back. often even to the date OF discharge.
| The effect WAS. or course, 10 give the increase
| thus accumulated through many years to the
pensoner in gross sum, at his first payment
under his new certificate; this sum amounted, in
| great many cases Of reratiDg. TO several thou
sand dollars and reached, in not few instances,
| $1,000 and $4,000. It was maintained by the
Secretary that he had control to correct any
abuses in the Bureau of Pensions as in any other
bureau III the department.; and he proceeded to
| demonstrate the same at length by citation OF
| the acts of Congress and the decisions Of the
courts.
| Attention was also called to Section 469sla of
| the Revised Statutes, in connection with the
section above quoted and on the same subject
| matter, which has not been repealed and which
reads as follows: Except in cases of permanent
specific disabilities. increase of pension shall
/ be allowed to commence prior to the date of the
examining surgeons certincate establishing the
same, made under the pending claim Tor III
| While this section remains, increased pensions
| cannot be ordered at the mere will of the Com
| missioner; IL requires a claim. an examination:
and certificate such increase is not matter of
sentiment, it is a question of law.
1 occurred as the letter mentioned. were ten in
| number but many others were afterward de-
| velOped 1t appeared in each of the ten cases
! geon's certificate in the pending claim. that in
/ some there was no new examination. and in
Others not even an application, and that the
| sums allowed aggregated over $4,000.
There Is board of appeals established IN the
/ Department OF the Interior and the decisions
arrived at by the Secretary, through the as
| sistance of this board and the Assistant Secre-
/ tary, are published at the governments expense
| for the direction and guidance of the Pension
| Office and the information of all parties in in
terest These decisions of the Secretary, upon
| cases of appeal, are the law of the department
| until reversed or annulled by some Higher au-
i thOrity.
| In these decisions il has been announced many
| times that the department will uniformly refuse
/ tn disturb al adjudication. of claim by former
administration. except upon the most concll-
| sive evidence that an error has been committed.
| When the question as to the propriety of given
/ rating is one of Judgment merely, depending
| upon yhe weight of evidence. it will not allow
yesterday. But where the incOrrectness of the
| former action Is SO manifest upon review of
| the evidence that IL Is not matter of dispute,
1 the department will not refuse to do justice be-
cause the is of long standing and has been
| sanctioned by subsequent action. And further.
| more. il is stated that old cases will not be re-
| opened, recOnsidcred. nor readjlsted except up
on presentation of new and material evidence
tending to show the existence OF palpable error
change the real status of the claimant before
/ the department. Such old cases are clearly
within the rule of res judicata.
1 No objection was expressed TO an increase of
| pension the increase to commence under the pend
ing claim as the law directs. and upon evidence tn
support IT.: tO he considered in due course. and
| with proper regard TO the right TO he heard be-
4