The Kinsley graphic. [volume] (Kinsley, Kan.) 1890-1940, 1893-06-02
PENSION RULING.
Important Decision from the Interior De-
partment-Commission Raum's Order
Repealed.

Important Decision from the Interior De
| partment-Commission Raum's Ordel
| Repealed.
WASHINGTON. May 29.-Proba bly, tn,
most important decision ever sent from
the office of the secretary of the interior
to the commissioner of pensions wa:
| filed Saturday. 1t is believed by those
high in authority in the pension bureau
that it will reduce the payment of pen
sions under the act of June ~. 1899, be-
tween 81. 200, 900 and 1000. .0OO.
| 1t involves the repeal of an order
passed by Gen. Raum and approved by
Assistant Secretary Bussey and a re-
turn to the language of the statute re-
quiring the disability, not of service
origin, of an applicant for a pension
to be such Us to prevent the ap
plicant from earning support by man
ual labor, Secretary Hoke Smith has
been considering the principles in.
volved in this decision for several weeks
and so important did he deem it that
when it was called to his attention
| from the pension board of appeals he
| submitted the question involved to At
| torney-Genercl Olncy and Judge Loch-
ren. the commissioner of pensions, both
| of whom concurred in the correctness
of the decision.
The decision is in the cases of one
Bennett. who sought a pension under
the old law alleging that while in the
| service at Raleigh, N. c., he was pros
trated by sunstroke WHICH resulted in
partial deafness in both ears. His ap-
plication was denied on the ground
that while the applicant has slight
| deafness as alleged it was not of suf-
| ficient severity to warrant any rating.
He subsequently applied for and re-
ceived a pension of S12 n month under
the act of June %, 1890.
This act allows a pension ranging
from Sc to S12 per month, to eX-solGiers
or sailors suffering from any disability
of a permanent character, not the re-
suit of their own vicious habits, which
incapacitates them from the perform
ance of manual Ia Dor in such Il degree
as to render them unable to earn a sup
port The inability to earn support
is therefore made the basis of the law.
During Commissioner Raum's admins
tration an order was issued, known as
order 1G4, which directed that all claims
for pension under the acts of June %,
1890, should be rated the same as like
disabilities of service ORIGIN and that
| all cases showing Il pensionable disa-
bility which, if of service origin, would
be rated at or above Sl6 per month,
should be rated at S12 a month. The
| only requirement to obtain a pension
under the law applica BILE to pensions of
service origin is disability by reason of
wounds received or disease contractcd
while in the service in the line of duty.
''Incapacity to perform manual Ia
bor," says the secretary, (which is the
foundation to the right to pension I'M
der the act of June 81, 1880, fixes an
| entirely different standard of disa bility
from that just mentioned, contained in
the revised statutes. covering injuries
of service origin. Disabilities incurred
while in actual service and incapacity
coming upon applicant long after SER
vice ceases are made by the law to
stand upon an entirely different footing.
Those incurred during service in line of
duty are pensionable without regard to
to capacity to earn support and are
graded without reference to this condi-
tion. Disabilities resulting from causes
other than of service origin are only
pensionable when capacity to labor
joins with incapacity to earn support,
and grades of rating are dependent up
on these two conditions When by or
der No 164 it was declared that disa bill
tiles under the act of June -. 1899,
should be rated as of service origin, the
very principle which governed the rat
ing under the act of June 81, 1890, was
displaced and a rule applicable to a
different act was substituted.
This case illustrates the effect of
the department by your bcureau, from
the terms of the act of 1890: First-The
applicant was awarded for slight deaf
ness not of service origin, Sl2. The
| award was made under the act of 1890,
| which required the deafness of both
| ears to be graded from s6 to II. The
| highest amount (Si2) was only to be al
lowed 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 low
est rating for slight deafness
'Second-The inability of the appli-
cant to perform manual labor was not
taken into consideration. Yet the act
of 1890, under which the applicant
sought and was allowed pension,
made inability of the applicant to per-
| form manuel labor in such degree as
| to prevent him from earning support,
the foundation of his claim. 1t is,
therefore, clear that the rating un-
| der the revised statutes for disa bilities
| of service origin was substituted by or
| der No. 1854 for the rating provided
under the act of 1890. The order hav-
ing resulted in one error, a second error
naturally followed. and the inability OF
the applicant to perform manual Ia abor
was not taken into consideration. In
| word, the act of June ~, 1890, was
changed and superseded by order No.
| 1854, as construed by your office. and by
| a practice that neglected to take into
consideration the ability of the appli-
can't to perform manual labor"
The decision is signed by John NJ.
REYNOLDS, assistant secretary.
Secretary Smith in another commune
| cation to the commissioners of pensions
says that it is hardly necessary to pre-
| sent argument or support by authority
| the proposition that neither the secre-
| tary nor the commissioner can by order
| or practice supercede an act of congress,
and he therefore directs that hereafter
| the practice of the Office conform to the
| law.
Clergyman and Wife Killed. =
ATLANTA. Ga, May 29.-Rev. William
Graham and wife, while walking down