New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-08-16
BOLD PENSION OFFICE CLERKS
CANCELLING AN ADVERSE DECISION BY THE
SECRETARY OF THE INTERIOR
EXTRAORDINARY COURSE OF MEMBERS OF rHI
BOARD OF REVIEW IN A SPECIMEN CASE
NOT EVEN QUOTING NEW TESTIMONY
10 JtoIIrT lHEfN NNIFVIN'
lBY TELEGRAPH TO TIE TRIBCSE.I

TO JUSTIFY THEIR ACTION.
10y TELEGRAPH TO THE TRIBuSEl
Washington, Aug 15-Refercncc has been made m
these dispatches TO the extraordinary fact that ccrtan
clerks in the Pension Bureau do not hesitate TO reverse.
when they desire, not merely the rulings OF the
Commissioner OF Pensions, who Is their immediate
Official superior but the decisions OF the secretary
of the Interior, to whom the Commissioner is SUBJ
ordinate these acts Of characterization being committee
In spite OF the rules laid down for their action by
long line Of Secretaries Of the Interior and printed IN
a handbook compiled expressly for their use. Pho
pension claim OF John 5. Garrison may be prohtably
selected ffom list of several within the knowledge
Of The Tribune to Illustrate the peculiar methods
adopted by these gentlemen in canceling the decisions
of the Secretary of the Intera. The following are
the main points in the secretas adverse decision in
the claim referred to
Department OF the Interior,
Washington d. C.. December, %, 1850.
Original Invalid Claim, No. 37oGo7. fCerohra@ No.
| 22jJ John 5. Garrison. appeal. Company q.
9th Michigan Cavalry Volunteers
| To the Commissioner OF Pensions:
Sir: Herewith are returned the papers which aeon.
panied your report 49, 1885 the appeal Of the
claimant from the action OF your Office re-
jecting his claim for additional pension account Of
chroac darrhocs The evidence in this case shows
that the appellant enlisted about the end o. February.
oi present with his regiment in April. ind IN
hospital from July '6i, April 90. 65; and that he
was while in hospital treated for chronic dnrrhoea He
served with regiment in active duty TIL March 10.
60 when disc hsrged at Salt Lake City, Utah. on tho
9th day OF May 1880. and more than fourteen years
after discharge, he filed his declaration for pension The
applicant has failed to prove by the test Of
the surgeon " his regiment, or a commissioning
officer comrades, that he was ever troubled
| or in any manner disabled with diarrhoea from
April 90, the time he returned 70 duty cnfed Of said
dsease mp to March 10, &c. when he was discharged
from the service. lie has shown, BY the testimony Of
his father mother sister that he has been dsai Id
with dlarhoea and bowel trouble; but their testimony 10
20 vague II fails to show how long time elapsed arS
discharged before troubled with darrhoea or how
long 10 continued how much it disabled him from the
performance manual labor. The testimony OF appellant
filed IN 1888 admits that he never employed physeao
until the summer OF 49, and that IS impossible TO furnish
the testimony OF fenoN.workmen or neiehtoFs
II appears the records Of this that the appdsns
Is euploye the Pension oce. and has been 30 en'
p!oyed since December, 1876. IL would seem an easy
matter prove by his chief or comrades employed
what his physical condition was In 1870 when he nss
entered Government employ, what IL has been during
Tn. mast eight or ten years lie could have shown by th,
records he desired. how much time he lost by sich
ness but this no declines 70 do The client acted a. MA
own attorney In prosecution HIS claim ana II 70
be fully presumed that his duties clerS IN your ONCE
for 70 many years made him thoroughly acquainted Win
the laws and rules relating the granting Of pensions;
vet he has most certainly failed to ne III" ordinary chain oil
evidence 70 prove been DISABLED by reason OK
chronic diarrhoa In Iensonabe degree" from G'sars'
q, the present The client has not shown hy m'uai
or other evidence degree OF his disability from chronic
darrhoea ia any year from March, 'Go To The uHe
unc the affidavit, Of w. II. Barton In IS. From tns
whole evidence died. your action OF rejection was hsH'
end prop.r and l. affirmed. Very respectfully
d. L. HAWKINS Assistant Secretary.
The only additional testimony filed by the claimant
after that dat, Il the secretarys adverse decision vas
that Of an Army comrade to the effect mat he lad
once suffered from tie disease alleged. some months
r,,,r IN his discharge This new testimony added
nonr whatever 70 the weight OF evidence upon which
loat- llHa
II touch at ALL or In any wise affect the question Of
the continuance Of the disease since the claimants
discharge from the service. In fact, the claim STANDS
precisely where the secrearyS decision left H. IN All
IFS nakedness OF proper proof And yet, IN june
1850. three clerks in the Pension Bureau members
Of the Loard of Review, set aside this formal decso
IN a remarkable Slip of which the following is copy
Re,pectlly returned 70 the Chief Of the Boaru o. "'
,cw 1 an Of the opinion that the evidence nied u su'
ncicnt 70 Justify legal approval for chronic ai'F"o'' ~
80 recommend. There il record OF d''rfhoea u" n.
- ,o,na on medical examination; the testimony OF MS
mother and other tends t. show contlhusVo
am entirely satisfied that the claimant "ould not D'
any circumstances make a false statement -
D wy JP LoTHR0P, Reviewer
| Concur, M'WHoRrER
Auproy,d +. W. POOR Chief Board o, REVIEW 49,.
Upon this slip, which does not even rcies " -"
Q oda,onal testimony Of one comIadc "durins ser
vice, the sccrctary's adverse decision was SCI "4'
ana ne case went forward for allowance ie" :,
, wa allowed, to the time Of seHcFai hunu'e"'
dollars from the date OF the soldiers dlsehafse' -
pension for life was granted. "a
II will be observed that the Pension Bureau "'.
,tsef originally rejected the claim, upon the Sroun.
,hn, the selfsame evidence was insufficient wv
secretary upon claimants appeal, anrms TINS a'toa'
and later on this trio OF clerks vcvcrs"s Do'" -
Pension Bureaus decision and mat OF the ec'''y'
, In the absence Of sufficient additional or lie" vs."
onv the conclusion is irresistible that the thres
,uary act
| or plea presented In the closing sentence NE"
entirely satisfied That the claimant world no' "'N~
T | any circumstances make false statement
The odoption of this new factor by ad)udlcauns
0 officers and the vcracty of claimants being n" h.,
wrnt the reversal OF the decisions OF bntsss
officer and OF his superior, the Sc,retl ,n. daa.
10 be new departure fraught with col suori, lar:s
ger and one Which would an unusually I'M, SdE, srny
field for remunertive exploitation 10 ,nar os her
eed is great IL is worthy Of note PERHAPS III sys
nectlon with this phase OF the cal injury upon thd
merits or Validity OF which the secretary aa 14i hc
itself somewhat peculiar S Sts @eorOus any
lust the testimony adduced in its SUPPORT az" an,l
Is which allowed appears 70 nav The fact hIi
II whcn the Slip OF the three employs was wri' Rsun
the claim allowed under Tanner had not yei vaeaes
his oliciai chair, has no especial bearing up0"
po, Tbese -. three clerks are still occupying high ana 10
O. nortant places la the Bureau of Pensions urs VIC
scther with the largo class OF inc y
rc SIN :. in sItup practically ran tie oh.e nnr,u
one Of the three acting a. Chief clerk OF ,s r seSel
y ~ this writing IL is from TINS c,tSs 'na. o, ,a,,,
- roc.rtiv hren select for Important pro' ,n,n
While the promotions OF 9iher' ha.S pES" ~ this t,
/, ,han rnder the new DISABILITY Pension W. eloSo
vions questions t. be weighed ana desds vr pensions
e. and nice and the opportunities Tor g is nm1cent
" To Unworthy applicants and up"a WHOM iey
EVIDENCE are enormously liner ased tie In ~, ta have
y, aiinwlng the class Of employees mentions, Wspp,ar
nrcticaI control OF this great bureau "o"" "
TO lie sufficiently Obvious =, ans. MAINS the ony
~ This particular is not b. any mean ,rdcr he
- o,e cn ihe most startling which has come NV, 10
notice 81 the correspondent Of The irfnns a., ,,ima.
al tymca II large class, and should cry commit
n. !, ~ The artor TO reform abuses for Mnc" W.
,a ! soner Raum enjoys an enviable IeRutauen'