The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1893-04-06

THURSDAY.
IMPORTANT PENSION DECISION

The Ruling on ACCOMPLISHMENTS for
Last Sickness and Burial Reversed.
1t has been discovered that one of the
most important rulings ever made in the
administration of pension matters has
remained unpromulgated so far as the
public knows for more than five.months
past, and that this decision reverses a rul-
ing under which fully two million dol
lars have been wroDgfully paid out, as
it would now appear. The facts are SO
important as to require statement at
length. 1t is learned that on September
% last Assistant secretary F,tIsa9y ii.ssde
a pension decision, heretofore unpnb-
lished, which radically changed the
practice Of the department as to the dis
position of accrued pensions in certain
cases and established g new and ilnpor-
tant rule as to reimbursement of Tex
penses for last sickness and burial I'M
der section 4718, Revised Statutes Hith-
erto it has been uniformly held than un>
der sections 1862, 1898, Ais of the Revised
Statutes minor grandchildren of a de-
ceased soldier, who at the date of his
death was either a pensioner or a lawful
claimant far invalid pension, could hold
a pensionable status as minors of the
soldier so far as to receive his accrued
pension in case of his death and death of
the parent OF the children, thereby con-
STRUNG the words Of the law, ANY per
son entitled to any pension" to apply
not only to the soldier, but to his widow
his children, dependent brothers and
sisters or dependent parents.
In his decision Assistant Secretary
Bussey says that the words of the act
''any pensionee" and "any person EMIT
led to any pension" evidently mean the
same children or class of persons persons
who had incurred disabilities in the mill
itary service-the only difference being
that the words first quoted apply to a per-
son to whom pension has already been
granted, while the the words secondly
quoted apply to the same sort Of per-
son to whom pension has not been grant
ed, but who under the law, is entitled
to q pension, having an application
therefore pending," based upon a
wound, injury Or disease which, un !er
the conditions and limitations of such
sections, (i699 and 4693,) would have
entitled him to an invalid pension had he
been disabled And, furthermoSs-, it is
obvious that the forequoted words ''any
pensioner" and any person entitled to a
pension, having an ppIication therefore
pending,n refer exclusively to a person
of masculine gender, inasmuch as the
accrued pension for the disposal of which
ed pension that shall result from the
"death" of ''such a person" as may leave
widow who shall be entitled to his ac-
crued pension, or if there is no widow
may leave a child Or children, land six
teen years of age" who by reason of the
widows, death shall take the accrued
pension that would otherwise go to the
widow during her widowhood. The as
sistant secretary holds that accrued pen
sicns cannot be lawfully paid to grand
children.
AS to reimbursement for ''last sickness
and burial" the assistant secretary con
cludes that while only the widow or mi
nor children of deceased soldier can
take the accrued pension, the only per-
son for whom the expenses of the last
sickness and burial can be allowed is the
soldier himself. From the date Of and
under the authority of an opinion by
Solicitor-General Phillips, rendered Au-
gust 10, 1876, until now, last sickness
and burial expenses have been allowed
in all cases where the deceased was an
inpecunious pensioner or entitled TO
pension, whether soldiers, minor children,
grand children of DEF endent parents.