The Meeker herald. [volume] (Meeker, Colo.) 1885-current, 1893-06-03
CUTTING DOWN THEPENS ROLL.
AVERY IMPORTANT HyLlNe.
A Reduction Of SI5, 100000 Fer Year
viii Result from = New Reading
of tho Dep-ndent Pension Act

Probably the most important pension dccis-
ion ever sent from the office OF the secretary
of the interior TO the commissioner of pen
slons was filed a few days ago. 1t is believed
by those high in authority in the pension bu-
reau that It will reduce the payment OF pen
sions under the act OF June "a, 1880, between
Il 100, 600 and S20,0o0,0OO
1t Involves the repeal Of an order passed by
General Raum and approved by Assistant
Secretary Bussey, and return to the Ian
gunge Of the statute requiring the disability,
not Of service origin, TO be such as to prevent
the applicant from earning his support by
manual labor. Secretary Hoke Smith has
been considering the principles involved in
this decision for several weeks, and so impor-
tan, did he deem 1t that when 1t was called to
his attention from the Pension Board OF APP
pcals, he submitted the question involved TO
Attorney General Olney and Judge Lochren,
the commissioner OF pensions, both OF whom
concurred In the correctness Of the decision
The decision is in the case of one Bennett
who sought pension under the old law, al
l-glng that while In the service at Raleigh,
North Carolina, he was prostra;cd by sun
stroke which resulted in partial deafness in
both ears. His application was denied
While the applicant has slight deafness, as
alleged II was not OF sufficient severity TO
warrant any rating. The testimony showed
tha, Bennett subsequently applied for and re-
celycd pension of Sl2 a month under the act
OF June q, 1880. This act allows pension
ranging from So TO si2 per month TO ex-sol-
dlers or soldiers suffering from any disability
of a permanent character not the result oil
their own vicious habits, which incapacitatcs
them from the performance Of manual labor
in such a degree as to render them unable TO
earn a support. The inability to earn sup
port ia therefore made the basis OF the law.
During Commissioner Raum's administra-
ton an order was issued, known as Order
lGi. which directed that all claims for PEN
sion under the act OF June %, 1880, should
be rated the same MS like disabilities Of SER
vice origin; and that all cases showing a pen
slonablc disability, which II OF service origin
would be rated at or above SIG month,
should be rated at Sl2 month. The only
requirement TO obtain pension under the
law applicable to pensions OF survlce origin
Is disability by reason Of wounds received or
disease. contracted while In the service and
in line OF duty
''Incapacity to perform manual labor, says
the secretary, (which is the foundation OF the
right to pension under the act OF June -,
1890, fixes an entirely different standard OF
disability from that Just mentioned contained
In the revised statutes covering injuries OF
service origin. Disabilities incurred while In
actual service, and incapaci'y coming upon
applicant long after service ceases are made
by the law to stand upon an entirely different
footing. Those incurred during services in
line OF duty pensonablc without regard
to capacity to earn support. Disabilities
arising from causes other than OF service
| origin are only pensonablc when capacity to
labor Joins with lneapacity TO earn support,
| and grades of rating are dependent upon
these two conditions. When, by Order No.
| 1854. II was declared that disabilities under
the act OF June "a, 1880, should he noted as
of service origin, the very principle which
governed the rating under the act of June
u 1890, was displaced and rule applicable
10 n inherent act was substituted.