The National tribune., 1893-08-03
THECOMMIssIONER SPEAKS
Commissioner Lcchren Writes Letter for
Publication.

u
Publication.
Commissioner Lochren has given the press
the following letter:
Under pension laws enacted prior to June.
1890, pensions were granted based upon disa-
biIties INCURRED in the military or naval serv-
ice and in many cases specific ratings for
particular disabilities were designated IN the
acts of Congress, and it was provided generally
that for inferior disabilities an amount proper
tionate to that for total disabilities should be
granted. Under the general provision specific
ratings for such inferior disabilities were liked
by rules and orders of this Bureau, with the APP
Droval of the Secretary of the Interior. Pensions
granted for such disabilities, of service origin,
are presumed to have been properly granted,
and there will DO no interference with respect
to such pensions.
Section of the act Of June 81. 1890, pro-
vided that "alI persons who served 90 days or
more in the military naval service OF the
United States during the late war of the re-
bellion. and who have been bonorably dis
charged therefrom, and who are now. or may DO
hereafter, suffering from a mental or physical
disability of a permanent character, not the
result of their own vicious habits. which In
capacitates them from the performance Of
manual labor in such degree as to render
them unable to earn support, shall upon
making due proof of the fact according To
such rules and regulations as the Secretary OF
the Interior may provide, be placed upon the
list OF invalid pensioners Of the United States,
and be entitled to receive pension not exceed
ing S12 per month and not less than So per
month. proportional 10 the disability to earn
support"
This act permits the pensioniug of soldiers
for disabilities of a permanent character al
| though not of service origin, which iDcapaci-
tate them from the performance OF manual
lab ,y,u uoh IN der bpu n
to earn q support 1t is this iDeapacity for
manual labor alone which entities them to be
pensioned under this act. and it is plain that
no specific injury or disability which does not
affect the capacity for manual labor gives any
right to pension under the act last referred to.
Yet, under an order, No. 164. issued on Oct. 10.
1880 aud approved by che Assistant Secretary
of the Interior, it was directed, in substance.
that claimants under the act of June q, 1890,
should be rated for specific disabilities the same
as il they were of service origin up to the maxi
mum rating of $l2 per month, and where the
disability. If of service origin. would be rated
higher than S12 per month. it should be rated
| at $l2 per month This rating was manifestly
not authorized by the act of June 81. 1890, and
the effect of the order is illustrated by the
Bennett case, which called attention it. In
| that case a claimant for pension under the act
of June 81, 1890 was rated for slight deafness
at SIP per month yet it was manifest that
with the claimants cap tcity to perform manual
labor. Upon inquiry. the Medical Referee re-
ported that acting under Order 16i referred to,
| the capacity of claimants to perform manual
| labor was not ordinarily considered in adjudi-
| eating claims for pensions under the act of June
q, 1890 1t was therefore deemed necessary that
these cases be re-examined. aud that where it
appeared upon the face Of the papers that the
claimants were not, upon the evidence sub
mitted, entitled to pensions under the act OF
June 81 1890. such pensions should be suspended
and notice given to pensioners to present fur
Their evidence in support Of their claims. and
that wherever the claimant ultimately failed
to show himself entitled to pension under the
law of June 81, 1890. the pension should be
dropped and the case rejected.
This is the only class of eases that is being
examined and revised by this Bureau, and the
necessity for such action is. think, sufficiently
obvious Yours, very truly,
WILLIAM LoCHREN,
Commissioner.