St. Paul daily globe., 1893-09-23

capacity of the force of the bureau 10
handle cases through the formal stages
OF examination, 10 allowance, the result
would be much larger estimate. But
1895 is thirty years after the close of
the Civil war. The pension roll, in view
with its size, compared with the number
of men enrolled in that war, will, iii my
opinion, by that tine have reached its
limit, and
BEGIN TO DECREASE.
The falling Off in the presentation OF
new claims appears from the fact shown
by the last report of my predecessor,
that there were on Oct. II. 1892, 7SS, ,O6l
claims pending in the bureau, while on
July Z. 1S93-nOt quite nine months
later-the number of claims pending
had been reduced to Ill. $50. 1t is ap-
parent, therefore, that the filing of new
claims and claims for increase has ceased
to exceed the number OF cases disposed
of by the work of the bureau, and that
rapid dlminution i'll the number OF
new claims may be expected"
reference is thus made to cases under
the act of June q, 1890:
Recognizing the difficulty of tracing
disabilities to service origin after long
lapse of time, and the tact that desery
ing soldiers, who in their advancing
years were incurrng disabilities not of
service origin, uniting them for earn
ing support by manual labor, were
proper objects of the national bounty,
the act of June q, 1890. was passed
providing that all persons who had
served in the military or naval service
IN that war ninety days or more. and
had been hOnorably discharged there
from, and who were suffering from
mental or physical disability of per
ant nIanr nf. hGar lf hAI
own vicious habits, which incapacltates
them from earning a support by manual
labor, shall be penSioned at not more
than Sl2, nor less than ST per month,
prOportiOned to the degree of Inability
TO earn support.
Under this act, aside from the requi-
site service and honorable discharge.
there Is but one condition that can give
any right to pension, viz: mental or
physical disability of permanent char
acter, not the result OF their own
VICIOUS HABITS,
which incapacitateS Them from the per-
formance of labor in such degree as to
render them unable To earn support.
But by Order l64. issued on Oct. l, 1890,
the commissioner. with the approval of
the assistant secretary. directed that
specific disabilities should be rated. in
applications under this act, as they
would have been rated under the Sched
uleS then i'll force, if of service origin,
up to Sl2 per month. Tue medical ref
cree stated in answer to inquiry, that
under this order the capacity OF claim
ant under the act of June u, 1890, to
perform manual labor, was no longer
even considered IN adjudicating his
claim, but that his disabilities were
rated up to S12 per month, as If his
Iai. hah iAAau nnHpr nrinr laUS
for like disabilities of service origin.
1t is perfectly clear that under this
Order 164. in granting pensions under
this act of June 81, 1890, the act itself
was set aside, and disregarded. with the
result of granting pensions moi author
riZed by any law. This was shown in
the Bennett case, which called your at
tention to this order and to the practice
under it.
There the claimant applying under
the act of June 27, 1890, was pensioned
at Sl2 per month for slight deafness,
not of
SERVICE ORIGIN.
This slight deafness could not inter-
fere with his capacity TO perform man.
ual labor. And such a pension has no
warrant to sustain it in any law. 1t is
absolutely void. The statement of the
dOOfC
it appear probable that under Order 164
many pensions were Illegally granted,
and pursuant to your order of May 2T.
1893, a board of revision was formed of
the ablest and most experienced men of
the bureau to examine the cases allowed
under that act, and Gull out such as had
no legal basis to rest upon. but with IN
Structions to disturb no case whereby
the most liberal construction of the
evidence as to right to the pension
could be sustained under any law. In
cases where ii was believed that pen
sions could be sustained, and other
medical examination was thought nec-
essary, the payment of the pension was
ordered to be suspended, pending in
vestigation, according to the practice OF
the bureau from the beginning, and at
the proper time the usual SiXty-day
notice was given TO the penSiOner,
within which he could ask for a medi-
cal examination or supply further evil
dence of his right TO his pension. This
practice of the bureau, always followed,
is the correct practice. 1t is not the
withdrawal or taking away of
a pension, but the temporary with
holding of its payment, where it
appears to be unlawful, pending a
proper inquiry. Upon your suggestion
might work hardship wncre, upon the
face of the papers. it appears that the
pensioner is entitled at least some
rating. the practice has been moder-
ately changed to cases under this act so
far that suspensions of payment pend
ing the sixty days are only ordered
when on the face of the papers it ap-
pears prima facie that the pensioner is
not entitled to any pension. 1t is
certain that there are many cases like
THE BENNETT CASE,
where persons n0ts entitled to any
pension will be removed from the rolls,
but the work has not proceeded far
enough to enable me to forecast the re-
suit, Undoubtedly under the system of
adjudication which followed the promul-
CATION of order 164 many pensioners
perfectly able to perform manual labor,
under the persuasion of claim agents,
familiar with ths effect Of that order,
applied for aud received pensions for
specific disabilities. not of service
origin, and not properly penSiOuable
under the act of June n, 1890. This
also accounts for the large proportion of
late claims under that act, comprising
the aftermath in the work of claim
agents, which are now being properly
rejected.
Wholesale frauds like those -discoy-
cred at Norfolk, Va, in New Mexico
and Iowa, have been disclosed by
special examiners. The work of this
division has greatly increased and an
additional appropriation for augmenting
the force in the service is asked
for. Considerable work in connection
with frauds has been done by the law
division. All cases of fraud or im-
proper practices brought to light by spe-
cial examiners receive the personal at