The National tribune. [volume] (Washington, D.C.) 1877-1917, 1889-08-01
PENSIONS.

RslEngs and Decisions By the Assistant Secretary or
the Interior and the COMMISSIONER Of Pensions.
Assistant Secretary Bussey has affirmed the
the decision OF the Department of the Interior
Of June 8, 1855, rejecting the claim of Baxter
Hamilton, OF Pennsylvania, 10 a pension for
fracture Of the breast bone Hamilton en- :
deay0Fed 10 separate two men who were
lighting. and received his injury from one of
them. The Secretary says: " His interference
in the fight was purely voluntary. His officers
were present and must be presumed TO have
been the proper judges as To whether the occa-
sion required the intervention Of anyone in
the Interests oil peace and the good Of the serv-
ice"
decision has also been rendered rejecting
the appeal Of Alfred Washington. He claimed
pension on the ground of injury received
FROM the burning OF loose powder in bis pocket
fred from spark from pipe which he bad
earelessly put into his pocket. Secretary Bussey
holds that il YVES not in the line OF duty for
him to have been smoking, and that il was
gross carclessness 10 put the hot pipe into his
pocket
Assistant Secretary Bussey has rendered
decision ia the case Of John Seifert late of Co
A. 49th Ind, who moved for reconsideration
Of a former decision rejecting his claim 10 an
invalid pension. The testimony shows that the
Captain Of claimants com pany and three others
bad rented for the night the back room OF
saloon, and were engaged In playing cards,
when three citizens Of the town entered and
began playing on banjo and one or two other
instruments. This disturbed the play, aud the
Captain, speaking 10 bis comrades, among whom
was the claimant who had jnst entered, said |:
Boys, let's put them out" At that all arose,
and the iDtruders moved toward the door ex-
eept one man named Bishop. The claimant
put his hand on Bishops shoulder, and then
Bishop moved out As he passed claimant
turned his back, and as he did 80 Bishop shot
him, infiicting the wound on account Of which
be claims pension. The claimant in his tes-
timony ayers that he was in the room in obo-
dience 10 his Captains orders. and that the part
he took in eiectinR the intrudcrs was also In
obedience 10 bis commands
In bis decision rejecting the motion to re-
view, Assistant Secretary Bussey says: "The
Captains call upon the claimant To assist him
In putting out the persons who were disturb
ing their amusement was q command or a re-
quest 10 do something not within the scope Of
bis duty IL was an order 10 commit a breach
Of the peace, and the claimant was not iusti-
fed in obeylng il any more than he would have
been justified in doing any other unlawful act
In obedience 10 orders from an officer His
presence ln the saloon at the time the order
was given was in violation of the rules and
regulations established for the maintenance Of
proper discipline and for the prevention of lust
such occurrences as the one which Ia his case
deprived the army Of the services of an able
bodied man"
Assistant Secretary Bussey affirmed the adj
verse decision Of the Pension Bureau on the
application Of Mary TafIe for pension. Taffs
and comTade, by permission of their com.
manding officer, spent the night Of March I6,
1863, with provost guard at Wind Mil Point
Va. All Of them drank whisky furnished by
one of the officers ia honor Of st. Patrick, and
during drunken quarrel Private Cornelius
Collins killed Tasfe. The Secretary holds that
Taies visit 10 the guard post was not made in
the line Of military duty, but for personal
pleasure. Even if he was In the line Of duty.
however, he violated his duty by getting
drunk.
In the appeal reference Is made 10 Mrs.
Tafe's financial condition. The Secretary SAYS.
speaking OF this, an appeal 10 sympathy ia
behalf OF claimant may be properly addressed
TO the community in which claimant resides,
and such an appeal, as in this case, should be
kindly heard and promptly responded TO on
the part OF patriotic aud humane people the
Department, however disposed to hear such
plant, is confined by It's duties TO the impartial
execution Of the law and possesses no jurisdic-
ton over cases Of appeal based On considera-
tons OF charity"