The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-11-24
DEFECTIVE PENSION LAWS.

General Bussey Points Where Changes Could
Be Made That Would Effect a Saving.
WASHINGTON, Nov. 23.-The annual re-
port of General Bussey. Assistant Secre-
tary Of the Interior. has been received by
Secretary Noble. 1t deals exclusively with
the work of the Board Of Pension Appeals,
of which the Assistant Secretary has direct
charge, and with the purchase of Indian
supplies at the government warehouse In
New York. The report shows that on July
/, 1891, there were 5000 appealed pension
cases on file with the board. and that this
number, on June 80, 1892. had been reduced
to 4,S49. There were 4,25S appeals filed dur
ing the year. Of the 4,9S9 cases acted up
on during the year the decision of the Com
missioner was sustained in SS65. Action
was reversed in 464 cases, 2O1 were dis
missed and 400 cases were reconsldered by
the Commissioner pending appeal.
In his discussion of the pension laws
General Bussey calls attention to several
defects In pension IeGIslation. As an in
stance of such defects. he says that from
an earlv date in tho history of our pension
system there have prevailed under di fer
ent administrations conflicting opinions as
TO the power 10 enforce the reimbursement
conformity with either inaccurate or IL
legal certificates issued through mistakes,
either of fact or of law, in the adj 1dica-
tion of claims by the Bureau OF Pensions;
and, consequently. IN the absence of a clear,
legal provision on the subject. the govern
ment, having no authority to plead q past
Over-payment as an offset 10 current pay
ments of pension. has been compelled to
submit to serious losses of money,
which. having once been improper.
Iy paid either to claimants or
pensioners. were irrecoverable under
any established rule of departmental
practice. \ memorable illustI alton of this
TACT was gwen in o largo number of appii-
cations for rerating and for increase that
were filed in the Bureau of PensIons dur
ing the years 1857, 1888 and 1889. upon which
considerable sums Of money were paid i'm.
properly to certain pensioners by the au-
tnorlty of the Commlssioner, in violation
of both Inv and practice, but without
either the knowledge or copsent of the
Secretary. losses for which there should
have been reimbursement of the treas
ury under the same law In pursuance of
whicn the pension itself was granted. The
means employed. whether by claimants or
by attorneys, to procure these excessive
allowances will not be here discussed, but
the evil itself confr0nts the department.,
and the need for legal remedy is empha-
sized not only by consideration of Justice
TO the great mass of honest pensioners, but
by the proper requirements of the pension
system. 1t 10 equivalent In it's effect to q
discrimination In favor of unlawful claims
and claimants.
In order To supply n remedy Mr.. Bussey
recommends that Congress be requested to
enact a law that shall expressly authorize
the department to treat all improper, ille-
gal and excessive payments of pension,
whether caused by fraud OF by mistake, as
prepayments. TO be charged against the
current pension. with O view TO readjust
ing or equalizing current pension pay
ments within the discretion of the Secre-
tary.
In the list of applications for wldows'
pension unuer Section of the act of June
q. 1870. my attention" Mr.. Bussey says,
has been drawn to q number of cases
wherein. according to the law, the claimant
has been necessarily denied pension because
the soldier on whose death the claim was
based, although serving ninety days or
more in the army or navy. as shown by tho
evidcncr. had not been honorably dis
charged prior TO death, but had died while,
for instance. on individual furlough and
absent from the technical line of duty in
the service. lt seems that both the spirit
snd the object of tho act Of juno "a. 1890.