Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-05-29
IMPORTANT PENSION DECISION,
Whereby Many Millions Will, 1t is Claimed
BE Saved.

Whereby Many Millions Will, 1t is Claimed,
BE Saved.
Secretary Hoke Smith late last Saturday
afternoon issued pension decision which re-
verses a ruling of the late commissioner of pen
sions. Gen. Raum. and which. 1t is estimated,
will effect saving OF about $40, 0O0, 600 per year
in pension disbursements.
During President Earrison's administration
Commissioner Raum issued an order, known as
No. 164, which was approved by Assistant Sec
rotary Bussey, TO the effect that all claimants
for q pension under the act Of June. 1890. who
show a mental or physical disability of perma-
nent character not the result of their own vi
cious habits, ''shall be rated the same as like
disabilities of service origin. and that all cases
showing pensionable disability which. if of
service origin, would be rated at or above S12
per month, shall be rated at $12 per month. :"
Secretary Smith saws that this order superseded
the act OF Congress of June ~, 1890.
THE CASE IN POINT.
Under this order pension was issued to
Charles T. Bennett, and it is this case which
Secretary Smith takes for his text in reversing
the ruling. Bennett was private in company
F, thirteenth Indiana volunteers, and in his
application for pension under the provisions
of the Revised Statutes, on July 5, 1886, alleged
that while in the service In June, 1865, he was
prostrated by a sunstroke, from which resulted
disease of the head and loss Of hearing. The
claim rejected by the bureau in 1892 on the
ground that the evidence failed to establish the
existence of any disability due to the claimants
| army service. From this action Of the bureau
Bennett appealed on March 19. 1892.
The evidence in the case showed that he had
enlisted September IA, 1864, and was discharged
June %, 1865. During this period he was
tres FOR disah nd W car
on all rolls and returns as "present for duty"
In 1886 he was examined BY q board Of sur
geons. who reported: "This man seems to be
in vigorous health and we discover no evidence
of diseased nervous system-not tremulOus,
but in good flesh, and looks as il he was never
afflicted by any great nervous prostration. We
would state that he has slight deafness in both
ears. but not of sufficient character to warrant
us in making a rating"
The appeal Of Bennett brought up, also, the
application made by the same claimant for a
pension under the provisions of the second sec
ton Of the act Of June 81, 1890. Under this
section the pension bureau, on January 20,
1891, granted him the maximum rating Of S12
per month, the disability declared in the rec
ords being "a slight deafness Of both ears"
This deafness was SO slight, according to the
certificate OF the board OF examiners, that he
could hear watch tick in each ear when it was
within one-half inch of each.
SECRETARY SMITHS DECISION.
In his decision Secretary Smith says, in this
connection. that to entitle the claimant to a
pension under the section Of the act under
which it was granted him il was necessary that
he should be suffering from mental or physi-
cal disability of permanent character. not the
result OF his own vicious habits, which incapaci-
tated him from the performance of manual
labor in such degree as to render him unable
to earn support. This was not, however the
an TO- Y,at,
slight deafness, of necessity, could not inca
paciate from the performance Of manual
labor.
Secretary Smith calls attention to the errors
which the pension bureau committed in follow
ing order No. 164. as follows:
This case illustrates the effect of departure
by your bureau from the terms of the act of
1890:
Il. The applicant was awarded for slight
deafness, not OF service origin, G12 The
award was made under the act of 1890, which
required the rate for deafness OF both ears to
be graded from Sc to S12 The highest amount
was only to be allowed 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, SIS was the lowest rating for
slight Deafness
The inability of the applicant to perform
manual labor was not taken into consideration.
yet the act of 1880, under which the applicant
sought and allowed a pension, made in
ability Of the applicant to perform manual
lnbor In such degree as to prevent him from
earning support the foundation OF his claim.
1T IL therefore clear that the rating under
the revised statues for disabilities of service
origin was substituted by order No l64 for the
rating provided under the act of 1890.
The osder having resulted in one error q
second error naturally followed, and the ina
bilIty OF the applicant to perform manual labor
was not taken into consideration. In a word.
the net OF June 81. 1890. was changed and SUI
perceded by order No 164 as construed by your
Office and by "A practice that neglected to take
into consideration the ability Of the applicant
to perform manual labor.
at is hardly necessary to present argument
or to support by authority the proposition that
neither the Secretary nor the commissioner can
by order or practice supersede an act of Con-
gress. The power Of the department so far as
orders and practice are concerned, is limited to
an execution of the law; it ceases when an eff
fort is made to supersedc the law.
You will, therefore, take such steps as are
necessary to reopen this case and to pass upon
it in accordance with the provisions of the act
Of Congress approved June q, 1890, disregard
ing any order practice which is in conflict
with the plain letter of the law"
Secre tarv Smith estimates that his decision
will result in reduction in the pension roll
OF some $20,O0O.000 per annum. Some esti-
mate OF the saving thus accomplished can be
had when it is understood that of the 400 900
certificates issued under the disability act all
but &C, 600 were issued under the second sec
ton OF the disability act as il Was construed by
Commissioner Eaum. These figures are only
up to October of Inst wear. and Secretary Smith
believes that 100000 certificates have been is
sued since that date.
The results of the examination made bv Sec
rotary smith show that more than 500 900 900
has been paid out under the disability act and
that at least five-sIx;hs OF this amount was al
lowed under the section as construed by Com
missioner Raum.
The decision written by Assistant Secre-
tary Reynolds and approved by Commissioner
Lochren.
THE TERRE HAUTE POST OFFICE,