The National tribune. [volume] (Washington, D.C.) 1877-1917, 1893-08-10
DEPARTMENT OF INTERIOR,
BUREAU OF PENSIONS,

OFFICE OF THE COMMISSIONERS, Aug. !, 1893
EDITOR NATIONAL TRIBUNE
SIR: / have not complied with your repeated
request that 1 should cause a test TO be made TO
show the number of fraudulent pensions, by having
1000 cases drawn from the Admitted Files, and ex-
amned. have not done this for several reasons:
/. Fraudulent cases, if any exist, cannot be dis
covered in that way. A fraudulent pension must
ordinarily have been obtained upon false or forged
testimony. On the face of the papers such case
would probably appear to be well established and
incoutestnble.
.. No one whose opinion is entitled to any con-
sideration has, / think, had the hardihood to
claim that the great mass of adjudicsted pension
cases is permeated with fraud, open and plain on
the papers. that the examination OF l,OO0 cases
would disclose instance. And !, certainly, have
far too high opinion OF my old comrades to be-
lieve that any large number of them are scoun-
drels. who have sought and obtained pensions dis
honestly. Especially believe that the pensions
granted to soldiers who did actual service in the
field, account of disabilities of service origin,
are usually honest and well deserved. No doubt
rests this class of cases. and no examination OF
them are being made. except where evidence is
received tending TO show that some particular
case is fraudulent or has been improperly decided.
Even among the Twelve Apostles there was one
who unworthy, and among the brave and
true soldiers of the Union army il cannot be denied
that there few bounty Jumpers and men
who were of no credit to and of little deserving,
and who have been perhaps among the most eager
for place the pension-roll at high rating.
The investigations TO the work of dishonest
pension attorneys at Norfolk, New Mexico, and
Town. show local frauds of large extent. But
it would be far from fair to conclude from such
cases that pension attorneys generally unseru-
pulous or dishonest. think, the contrary, they
ordinarily honest, psinstaking, and careful as
other business men. case of alleged fraud Is
brought 10 the notice of the Bureau by informa-
ton from some source If the information is in
definite appears TO be prompted by malice, 1t Is
disregarded. II it seem to be trustworthy the case
is nvesic ated the pension being suspended during
the investigation according to the uniform practice
of the Bureau from the beginning If the pension
is improper il should not be paid; if not shown to
be improper the suspended pension is all paid and
the suspension eniiss the active cooperation Of the
pensioner in furnishing evidence and reaching
speedy result.
g. The examination of the June e. $780, cases is
made not because of any fraud on the part of
the claimants, bot because II was discovered that
this Bureau had, by the adoption of an erroneous
rule for adjudication. allowed many pensions not
authorized by law. Under prior laws pensions
only granted account of disabilities of
service origin. And the acts of Congress had in
many fixed specific rates of pension for desig
mated injuries disabilities, and provided gen.
orally thai for inferior disabilities of permanent
character, propOrGonate ratings should be allowed;
aud under this general provision the Com mssoner,
with the approval of the Secretary. had fixed
schedule for such inferior disabilities OF service
origin.
As / said before all pensions granted under these
former laws presumed to have been properly
granted, and they not being examined except on
showing frau nd in narLicular
has always been the practice. But the act OF June
o. 1890 granted pensions 10 persons who had served
30 days more, IL suffering from mental or physi-
cal disability of permanent character not the result
Of their own viscious habits, ineapacitaiing them
from the performance of mammal labor in such
degree as TO render them unable to earn a support;
such pensions not to exceed Sl2 nor be less than
So per month. proportoned TO the disability to
a support by manual labor. Under this act the dis
ability need not be of service origin; but to be
pensionabe at all the disability must incapacitate
the person from manual labor. to render him
unable TO support. Specific dssbi. les. as
such, were not pensionabe at ell under that act,
entitled to consideration except they might
affect the capacity 10 perform manual labor. But
by Order I64. issued Oct Is 1890. the Commits
siOner. with the approval OF the Assistant Secre-
tary directed that specific disabilities should be
rated under this act the they would have
SeSh IatSo tAoSt pIiOE saws hdA thS hAoaDilibico
been of service origin, up to So per month.
The effect of this order was shown in the Ben
nett case which called attention TO it. There the
claimant, applying under this act of June q. $780,
allowed pension Of si2 per month for slight
deafness not OF service origin, and which mani
testify would scarcely interfere with his capacity
perform manual labor. On inquiry the Medical
Referee reported that, acting under this Order l6I,
the capacity Of the claimant under the act OF June
r.
cred in adudcating the claim. 1t was clear, there
FORE that under that order the law was Disregard
ed, with the necessary result of granting some
pensions, like that to Bennett which were not au-
thorized by any law. A Board Of Revision was
therefore constituted of the abest and most expe-
rienced men in the Bureau. to re-examine these
cases and Gull out such had legal basis rest
upon; aud with instructions TO interfere with no
case where. by the most liberal construction, a
right TO the pension could be made to appear. and
in other where the pension could not be sus-
tanned under any law, to give the 6O-day notice,
according 10 the previous practice. within which
the pensioner may furnish additional evidence and
show himself entitled.
Il is clearly the duty OF every official having
charge of the administration OF the pension laws
to enforce those laws fairly and to stop such PEN
sions clearly appear TO have been granted with
out authority of any law. This is all that is being
done here. NO one disputes the correctness OF the
decision of the Bennett case. 1t now appears that
Assistant Secretary Bussey, in January last. rem
dered decision ia the of Henry II. Woke
announcing precisely the same Interpretation of
the act Of June o. 1890 and condemn ming the con-
siruc.ion given by the Bureau TO Order I64 con.
trary TO his understanding when lie approved that
Order and as contrary to Jaw.
My old comrades may feel sure Of receiving
everything TO which the law--Inost Literally con-
slrued--entitles them Pnrtisan leaders may try
to arouse feeling for partisan ends But the exc
cution OF The law upon the construction given It
| by the heads of the same Department of opposite
| po:ics which construction is admitted by every
body be correct, has political character and
do not hesitate commit tho work of the Board
of Revision, whose ability fitted them for it, thong
| most Of them. with their Chief. Republicans.
They able aud fair men, and select from day 10
! day from the cases examined. such cases as they
deem unlAwlully allowed. II that WAS the class OF
! cases you wished drawn and examined, the work
Is done every day by this Board. None of the PEN
sons ia these suspended until after condeni-
nation by this Board Il is expected that In very
| many Of such the pensioners will be able to
produce testimony showing them entitled to PEN
sions under the law. in which case the suspensions
| will be removed.
| have perhaps written more than / ought. but
| my comrades who read your paper interested
la understanding this matter rightly and as Il is
| The man generally misrepreseuted 10 the Secre-
tary who has in fact always been more considerable
and liberal towards pensioners than any of his