New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-01-12
tBY TELEGRAPH TO THE -RIBUSE.l


claims. which is under consideration before the
Senate Committee on Pensions. upon the DOckcry
amendment to the Pension Appropriation BILL mas pro
yoked much criticism and caused the ventilation Oh
many opinions in the newspapers some OF them DcllS
favorable and Others adverse to the attorneys. whose
fees in pension claims ii is proposed TO rednce
from $40 TO 81 a claim. Indeed in some quarters the
extraordinary ground is taken that no attorneys snail
be permitted to appear in pension claims ana no attor
neys fees should be allowed at all. William Edgar
Rogers we'll known here as one OF the better Grass OF
attorneys has filed able and exhaustive paper with
the senate Committee which covers almost the whole
oround Of this important question: and indicates only
too clearly the provoking of the laws delays
He plainly shows the helpless condition of the I'M
,ortupate soldier who has claim in which the testi
,oony is vouminous and the question involved inri
cate for claim of this kind is almost invariably neg
ected by the ordinary attorney on account OF the
smaness of the fee allowed by law and many Of these
cases therefore remain unaA Indicated for years.
Mr. Rogers does not desire to pose as an advocate
NJ the reduction of the fee increase claims 10 81 but
his aim is call attention to what he terms greater
evil If the fees are finally fixed at 80 in increase
cases. SAYS he. "the effect will unQueStonabN be 10
relegate all this class Of business TO country justices Oh
the peace. and men Of that calibrc. Nhelher 'hio
would be beneficial the soldier not remains to be
Seen think not There is question but that In
ve-y large proportion Of the rejected cases IN inc
Pension Office to which called attention. the trouble
originated in the first in the declaration beng
improperly drawn 4 conscientious attorney WILL even
In the matter of declaration for increase, famliIarzc
himself somewhat with the history OF the claimants
previous case the nature and extent OF his dl'abE
the evidence that can be adduced support it, the
rating 10 which he is entitled by law. etc. and draw
his declaration accordingly. To expect him 10 do this
for - would be to expect too much To expect the
average justice of the peace to do 1t correctly would
be a like misplaced confidence.
In this popular clamor against pension attorneys.
In which all are asalei alike would seem that there
is only danger OF great injustice being done to nun
dreds of honorable able attorneys. but an incacuable
injury inflicted upon the claimants a we'll
Tho writer then proceeds 10 discuss the varied nature
Of the duties devOlvng upon reputable pension attoi-
ncy the popular misconception of which Is, ne
saws astonishing our grateful country" he writes.
has made magnificent provision for her old, manned
and di abcd dcfcnderstheir rights have been fixed
by the generous action Of Congress from time to time.
ran il by whatever pension. gIatuity, donation
D. ohcrwIscye il is theirs by law, when once their
claim is established 10y proper proof and under certain
necessary regulations prescribed by the Pension Office
Pension attorneys did not make these laws Around
this framework of the text of laws, often apparenty
conf citing and rules. regulations and decisions OF The
Pension Ofce and Interior Department, ha> sprung mp
within the last twenty years system Of pension
uri.prudcnce just clearly defined and nearly a.
complex ~ that OF the Patent Office, the Nand Office
Or tie oince Of the First Controller Of the Treasury
The amounts involved are often quite large and
The questions b" solved quite intricate as In the
more important in those other departments, or
Is the average tried in courts of law or equity
where from 800 10 $500 would not be considered an
unreasonable fec"
Mr.. rogers cites at random four taken from
. hundred or more Of similar ones which lie has upon
ais docket In these selected claims the amount Of
testimony ana cor ,pondence involved is voluminouS
and two them viii suffice for purposes 81 Illustration
The history OF these selected cases is follows
"a he"ne Herman. Of Warsaw. y. Y. dependent
moher # John Herman, OF the 18Th New York Volun
eerS fled her claim in February. 1856 soldiers
Heath from disability. contracted in service. and his
contributions 10 his mothers support fully proven.
bat the case WAS rejected in 1883, on the ground
hat the sold cr left widow on special
animation il shown hat the soldier
vent through marriage ceremony with
woman who claimed 70 be his wife but il was also
.hown that at the time She married the soldier she had
another husband living II this true. the soldiers
marriage void, and the AGED mother entitled 10
pension. But the Pension Office holds that this other
nan. Robinson by name. at the time Of hi, marriage
10 the alleged widow Of the soldier had also another
wife living in Ohio and therefore his second
mage vO.d; and the woman remained IN law the
folders widow. The only evidence Of biusOHs
Alleged first marriage the records Of the proceed
Gg, of church meeting. where Robinson, preparatory
y Joining the church. said to have made con
hs-ion that he had another wif. living in ohio. To
rebu this it has been necessary scoGr the differ
INT counties Of ohio where he lived or in his vicinity
Ind furnish evidence from the authorities that no
ecord evidence Of such marriage exists.
The evidence in this j, voun!i1ous fully fifty
.hdavits and depostons and also church register,
Ind comfy records in Ncw-lork Gand ohio
,a1 t. be examined The history Of three
person, had u be closely followed for years
NE legal effect Of two. if not three, marriage
ceremonies had TO be carefully weighed tancle
almost hopeless any presented in >urr'cae's
Cortland all for fee Of 325. And yet portion
Of the pres, insists that claimant for pension docs
~; need attorney.
Allen Dodd tinted States Navy. living in
Phlnpsbu;s y. j. filed hi, application in 17a2, and
Alleges rheumatism contracted while serving the
United states steamer Harriet Lane toward the clo>e
Of the year l-72. The claimant previous 70 his en-
istment in the Navy, had served two months in the
Duryea zouavcs. 9TH New-York Volunteers apd was
discharged in July, 1851 the following unique
surgeons certificate Of disability
/ certify that ! have carefully examined the said
Allen Dcdd and find him incapable Of performing the
the result Of an injury inflicted year since which
produces general weakness, chronic darThoea and
fhegmatsm, and renders INN altogether unfit for the
hardship Of sol Hers life.
The evidence shows that the soldier was sick when
discharged from nj, first service lie claims pension
tOr swamp fever that he fully recovered his
health, enlisted in the Navy in 1-Go. contracted
rheumatism from wet and exposure while blockade
duty, Of the heroic survivors Of the bloody
New Years eve tragedy Of 1862, when the Harriet
Lane WAS captured at Galveston, and tfcn sricrcd
nineteen months Of imprisonment in Texas without
lh"ter adequtc food. coming out Of service "A
crippled. used mp man frequently being confined to his
bed for weeks at time from his disability. Hero
again the question Of the force and effect Of tho
surgeon generals record to be passed upon and
tc absurd surgeons certificate given, The examiner
rejected the case, and ii remained rejected for years
Appeals Of Senators aud Others who knew the mans
merits and Affections brought the invariable reply,
The records OF the War Department show conclusivcly
That You suffered from rheumatism prior 10 your en-
.ltu... r..fur rl,. o. Ia