The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1893-05-31

WASHINGTON. May o. Probably the
most important pension decision ever
sent from the Office of the secretary of
the interior 20 the commissioner OF pen
sions was filed today. 1t is believed by
those high in authority in the pension
bureau that it will reduce the payment of
pensions under the act of June p, 1890,
between Sl5.00O,000 and 100000. 1t
involves the repeal of an order passed by
Gen. Raum and approved by Assistant
Secretary Bussey and return to the Ian
guage OF the statute requiring the dis
ability, 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 tor several weeks. and so important
did he deem it that when it was called to
his attention from the pension board of
appeals, he submitted the questions in
volved to Attorney-Ge General Olney and
Judge Lochren, the commissioner of pen
slons, both of whom concurred in the
correctness of the decision.
Decision in the Bennett Case.
The decision is in the case of one Ben
nett, who sought pension under the old
law. alleging that while in the service at
Raleigh, \. c., he was Frustrated by sun
stroke, which resulted in partial deafness
in both ears. This application was de-
MED on the ground that. while the appli-
cant hag slight deafness, as alleged it was
not of sufficient severity to warrant any
rating. The testimony showed that Ben
net could hear a watch tick at
a distance of half an inch from each
ear. Bennett subsequently, applied for
and received a pension OF SD a month
under the act OF June p. 1890. This act
allows a pension ranging from IS to So per
month TO ex-soldiers or sailors su: ering
from any disability of permanent charac-
ter not the result. of vicious habits. which
incapacitates them from the performance
of manual labor In such a degree as to
render them unable to earn q support
The inability TO earn support is there
fore made the basis of the law. During
Commissioner Raum's administration an
order was Issued known as order number
l6I, which directed that all claims for q
pension under the act of June p, 1890,
should be rated the same as like disabili-
ties of service origin, and that all cases
showing a pensionabs disability. which,
if of service origin, would he rated at or
above SD a month, should be rated at SD
a month.
The Standard of Disability.
The only requirement to obtain q PEN
sion under the law applicable to pensions
- =, l. l.
wounds received or disease contracted
while in the service and in line of duty.
IncapRoty to perform manuel labor says
the secretary, which is the foundation TO the
right of pension under the act of June 81, 1890
fixes an entirely different standard of disability
from that mentioned IN the revised statues
covering injuries OF service origin. Disabilities
incurred while In the actual service and in-
capacity coming upon an applicant long after
service ceased, are made by the law to stand
upon an entirely different footing. Those IN
CURED during service. and IN line OF duty, are
pensionable without regard TO capacity TO earn
a support, and are graded without reference to
this condition. Disabilities resulting from
causes other than OF service origin are only
pensionable when incapacity to labor joins
with incapacity TO earn a support, and the
grades of rating are dependent upon these two
conditions.
When by order No. 164 il was declared that
should be rated as if of service origin, the very
principle which governed the rating under the
act of June q, 1890, was displaced and rule
applicable to n different act was substituted.
This case illustrates the effect of the departure
by your bureau from the terms of the act OF
1S90-1-the applicant was awarded for slight
Deafness" not of service origin. Sl2. The
award was made under the act of 1890, which
required the rate for deafness of both ears to
be graded from So to S12. The highest amount,
S12. was only to be allowed in the severest
cases. deafness. IL was given by your bureau
for slightest deafness" because under an en-
trely different act, applicable to disabilities OF
service origin $l6 was lowest rating for slight
Deafness"
The inability of the applicant to perform
manual labor was not taken into consideration.
Yet the act of $780, under which the applicant
sought and was allowed pension, made in.
ability of the applicant to perform manual
labor in such q degree as to prevent him from
earning a support the foundation of his claim.
IL il tharafara aloar IN IN tha rating uudar ha