Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1893-05-28

WASHINGTON, d. c., May 27.-Prob-
ably the most important pension de-
cision ever sent from the office OF tho
Secretary OF the Interior 10 the Com
missioner OF pensions was filed to-day.
1t Is believed by those high 10 authority
in the Pension Bureau that 1t will re-
duce the payment Of pensions under tho
act of June %, 1890, between $4,000, 900
and 10000, 600.
II involves the repeal Of an order
passed by General Raum and approved
by Assistant Secretary Bussey and re-
turn TO the language OF the statute re-
Quiring the disability, not OF service
origin, 10 be such as TO prevent the APP
plicant from earning a support by man
ual labor.
Secretary Hoke Smith has been con-
sidering the principles involved in this
decision for several weeks. and so i'm
portant did he deem IL that when IL was
called 10 his attention from the Pension
Board OF Appeals he submitted the
questions involved TO Attorney General
Oney and to Judge Lochren, the Com
missioner OF Pensions, boIh Of whom
concurred In the correctness OF the de-
cision.
The decision Is In the case OF one Ben
nett, who sought pension under tho
old law, alleging that while 10 the ser
vice at Raleigh, North Carlina, he was
Frustrated by sunstreke which resulted
In partial deafness In both ears. This
application was denied, on the ground
that while the applicant has slight deaf
ness as alleged, IL was not Of sufficient
severity
TO WARRANT ANY RATING.
The testimony showed that Bennett
could hear a watch tick at the distance
OF half and inch from either ear. Ben
nett subsequently applied for and re-
ceived a pension OF Sl2 a month, under
the act Of June %, 1890.
This act allows pension ranging from
six TO twelve dollaIs per month 10 ex-
soldiers or sailors suffering from any
disability OF permanent character not
the result OF their own vicious habits,
which incapacitates them from the per-
formance OF manual labor In such a de-
gree as to render them unable 10 earn
support. The inability 20 earn aslIL.
port Is therefore made the basis of
law. During Commissioner Raum's rH
ministratien an order was Issued, known
as Order No. l64, which directed that
all claims for a pension under the act OF
June 81, 1890. should be rated the same
as like disabilities OF service origin, and
that all cases showing penSIonable
disability which, II OF service orlaln,
would be rated at or above Si2 q month
should be rated at Sl2 a month.
The only requirement TO obtain a
pension under the law applicable 10
pension Of service origin II disability by
reason OF wounds received, or disease
contracted while in the service and
~ THE LINE or DUTY.
"Incapacity 10 perform manual la
bor," says the Secretary, (which Is the
foundation to the right to pension un-
der the act Of June q, 1890. hxes an en-
tlrely different standard OF disability
from that first mentioned. con-
talned In the revised statutes
covering injuries OF service ORR
gin. Disabilities incurred while
In actual service and incapacity. coming
upon an applicant long after service
ceased, are made by tho law 10 stand
npon On entirely different footing.
Those incurred during service and Ia
line OF duty ars Penslonable without re-
gard TO capacity 10 earn a support, and
are graded without reference 10 this
condition. Disabilities resulting from
causes other than OF service origin are
only pensionable when lncapacIty 10
labor Joins with iDcapacity 10 earn b
support, and the grades OF rating arc
dependent upon these two conditions.
When by order No. 1G4 IL was declared
that disabilities under the act OF Juno
27th. 1890, should be rated 50 II Of SER
vice origin, the very principle which
governed the rating under the act OF
June 9th, 1890, was displaced, and .
rule applicable toa
DTFFFEEST ACT WAS SUBSTITUTED"
Secretary Smith In communication
10 the Commissioner OF Pensions, says
IL Is hardly necessary 10 present argn-
ment or 70 support By authority the
proposition that neither the Secretary
nor the Commissioner can by order. or
practice. supercede an act OF Congress
and be therefore directs hereafter the
practice Of the Office conform 70 the