The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1893-05-29

More Appointments by the President
Maine Pensioners and Postmasters-
Gold Reserve Invaded to the Extent of
S4,000,000.
WASHINGTON, May 27.-Probably the
| most important pension decision ever
sent from the office of the secretary of
the interior to the commissioner of PEN
sions was filed today.
1t is believed by those high in au thori-
ty in the pension bureau that it will re-
duce the payment of pensions under the
act Of June 81, 1890, between SIS, 900, 900
and $2O,000,0o0 annually.
1t involves the repeal of an order
passed by Gen. Raum, and approved by
Assistant Secretary Bussey, and return
to the language of the statutes requiring
the disability not of service origin to be
such as to prevent the applicant from
earning support by manual labor.
Secretary Hoke Smith has been consid-
ering the principles involved in this de-
cision for several weeks, and so impor
tant did he deem it that, when it was
called to his attention from the pension
board of appeals, he submitted the ques-
ton involved to Attorney-General olney
and to Judge Lochren, the commissioner
tile correctness in the decision.
The decision in part is as follows:
''Tothe Commissioner of Pensions.
'sCharles t. Bennett, late private,
Company F, 18th Indiana Volunteers,
filed the original application for an in
valid pension under the provisions of
the Revised Statutes, on July 5, 1884, al
leging that while in the service and in
line of duty at Raleigh, N. c.. about
June l, 1865, he was Frustrated by sun
stroke, from which resulted disease of
the head and loss of hearing.
This claim was rejected by your bu-
reau Feb. Is, 1892, upon the ground that
the evidence failed to establish the ex-
istence of any disability due to the claim
ants army service.
s'From said action the claimant ap,
pealed March Is, 1892.
'sThe evidence shows that the appel
liant enlisted Sept. Ia, 1864, and was dis
charged June %, 1865, but the records of
the war department, in evidence, show
neither treatment for any disability dur
ing said period, nor the existence of any
disabling cause, but that he was carried
ON all the rolls and returns as spreseut
for duty from enlistment to discharge.
ssThe affidavits furnished in support of
his claim do not satisfactorily establish.
the origin of the alleged disability. and
in the certificate made by the board of
examining surgeons at Vincennes, Ind,
on Nov. 8, 1886, the following language
is found:
'.This man seems to be in vigorous
health, and we discover no evidence of a
diseased nervous system-no tremor, but
in good flesh, and looks as if he was new
er affected by any great nervous prostra-
ton. We would state that he has slight
deafness in both ears, but not of suffic-
lent character to warrant us in making
rating"
'sThe rejection of the applicants claim
for invalid pension for the reason given
was proper and is affirmed.
'sThis appeal brought up, also, the APP
plication made by the same claimant for
a pension under the provisions of the
second section of the act of June 27,
1890. Under this second section your
bureau on Jan. 20, 1891, granted to the
claimant the maximum rating of f-$I2
month.
Y ''The only disability found to exist
upon medical examination, as declared
by your bureau, was slight deafness of
both ears
t.This deafness was so slight, accord
ing to the certificates of the board of ex-
aminers. that he could hear watch tick
in each ear when it was within one-half
inch of each.
''To entitle the claimant to pension
under the provisions OF the second sec
ton of the act of June 27, 1890, it was
necessary that he should be suffering
from mental or physical disability of
permanent character, not the result of
his own vicious habits, which incapacita-
ted him from the performance of manu-
al labor in such degree as to render him
unable to earn support, in which event
he was to be entitled to receive pension
not exceeding $12 per- month and not
less than $6 per month.
''As the claimant was suffering simply
from slight deafness, according to your
finding, which was so slight that he
could hear a watch tick one-half inch
from each ear, the physical disability
clearly failed to come within the require
ments of the law. Such slight Deafness
of necessity, could not incapacitate from
the performance of manual labor, and
yet the claimant was allowed the largest
sum PROVIDED IOf unQer JnlS S0cClOn OF
the act OF June 27, 1902
The correspondence on the subject is
quoted, and the opinion concludes as fol-
lows:
''The only requirement to obtain pen
sion is disability by reason of wound OF
injury received, or disease contracted
while in the service and in line of duty.
''Incapacity to perform manual labor,
which is the foundation to the right to
pension, fixes an entirely different stand
ard of disability from that just men
toned.
Disabilities incurred in actual service
and incapacity coming upon applicant
long after service ceased, are made by
the law to stand upon an entirely differ
ent footing. Those incurred during ser
vice and in line of duty are pensionable
without regard to capacity to earn sup
port, and are graded without reference
to this condition.
Disabilities resulting from causes
other than of service origin are only PEN
sionable when incapacity to labor joins
with incapacity to earn support, and
the grades of rating are dependent upon
these two conditions.
when by order No. 164 it was de-
~ II AI,.N r.~l-