Baxter Springs news. [volume] (Baxter Springs, Kan.) 1882-1919, 1893-06-03
PENSION RULING.
Important Decision from the Interior De-
partment-Commission Raum's Order
ReDenIed.

WASHINGTON, May 29.-Probably tho
most important decision ever sent from
the Office of the secretary of the interior
to the commissioner of pensions was
filed Saturday. 1t is believed by those
high in authority in the pension bureau
that it will reduce the payment of PEN
sions under the act of June 81, 1890, be-
tween sl5, 900, 900 and $4,000, 900.
1t involves the repeal of IN order
passed by Gen. Raum and approved by
Assistant Secretary Bussey and re-
turn to the language of the statute re-
curing the disability, not of service
origin, of an applicant for a pension
to be such as to prevent the APP
plicant from earninga support by man
ual labor. Secretary HoSe Smith has
been considering the principles in
volved in this decision for 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 question involved to At
torney-General Olney and Judge Loeb
rem, the commissioner of pensions, both
of whom concurred in the correctness
of the decision.
The decision is in the cases of one
Bennett, who sought pension under
the old law alleging that while in the
service at Raleigh, n. c., he was pros
trated by sunstroke which resulted in
partial deafness in both ears. His APP
plication was denied on the ground
that while the applicant has slight
deafness rs alleged 1t was not of suf-
ficient severity to warrant any rating.
He subsequently applied for and re-
ceived n pension of sl2 month under
the act of June 81, 1890.
This act allows pension ranging
from SO to s12 per month, to ex-soldiers
or sailors suffering from any disability
of permanent character, not the re-
suit of their own vicious habits, which
incapacitates them from the perform
ance of manual labor in such u degree
as to render them unable to earn sup
port. The inability to earn support
is therefore made the basis of the law.
During Commissioner Raum's admins
tration an order was issued, known rs
order 1914, which directed that all claims
for pension under the acts of June -,
1890. should be rated the same rs like
disabilities of service origin and that
all cases showing pensionable disa-
bility which, if of service origin. would
be rated at or above slG per month,
should be rated at sla a month. The
only requirement to obtain pension
under the law applicable to pensions of
service origin is disability by reason OF
wounds received or disease contracted
while in the service in the line of duty.
'Incapacity to perform manual la
bor," says the secretary, (which is the
foundation to the right to pension UNI
der the act of June -, 1890, fixes an
entirely different standard of disa bility
from that just mentioned, contained in
the revised statutes. covering injuries
of service origin Disabilities incurred
while in actual service and incapac:ty
coming upon applicant long after SER
vice ceases are made by the law To
stand upon an entirely different footing.
Those incurred during service in line OF
duty are pensionable without regard to
to capacity to earn a support and are
graded without reference to this condi-
ton. Disabilities resulting from causes
other than OF service origin are only
pensionable when capacity to labor
Joins with incapacity to earn support,
and grades of rating are dependent up
on these two conditions When by or
der No. 1914 it was declared that disable
tiles under the act Of June -. 1870,
should be rated us of service origin, the
very principle which governed the rat
ing under the act of June 81, 1890, was
displaced and q rule applicable to .
different act was substituted.
This case illustrates the effect OF
the department by your beureau, from
the terms of the act OF 1890: First-The
applicant was awarded FOR slight deaf
ness not of service origin, ST.. The
award was made under the act of 1879,
which required the deafness of both
ears to be graded from SO to l.. Tho
highest amount (sl2) was only to he al
lowed in the severest cases of deafness.
1t was given by your bureau for slight
deafness because under an entirely
different act, applicable to disabilities
of service origin alone sl5 was the low
est rating for slight deafness.
.'Second-The inability of the appli-
cant to perform manual labor was not
taken into consideration. Yet the act
of 1890, under which the applicant
sought and was allowed pension.
made inability of the applicant to per-
form manuel labor in such degree rs
to prevent him from earning support,
the foundation of his claim. 1t is.
therefore, clear that the rating nm
der the revised statutes for disabilities
of service origin was substituted by or
der No. 1874 for the rating provided
under the act of 1890. The order hav-
ing resulted in one error, a second error
naturally followed, and the inability OF
the applicant to perform manual labor