St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-03-25
ROBBED OF MILLIONS
Important Pension Ruling
Left Unpromulgated for
Five Months.
Ruling Reversed Under Which
$2,OOO,OoO Was Wrong
fully Paid Out.
E. o. Greaves, Of Seattle,
Said to Be Slated for
Treasurer.
Lochren's Chances to Succeed
Raum Still Considered
Good.

WASHINGTON, March 24.-It has been
discovered today that one of the most
important rulings ever made in the ad-
miniStration of pensions has remained
knows, for more than five months past,
and that this decision reverses ruling
under which fully S2,OOe,OOO have been
wrongfully paid out, as it would now
appear. The facts are so important as
to require statement at length. 1t is
learned that on Sept. 2S 1892, Assistant
Secretary Bussey made a pension
decision. heretofore unpublished, which
very radically changed the prac-
tice of the department as to the
disposition of accrued pensions
in certain cases, and established new
and important rule as to reimbursement
of Expenses, last sickness and burial"
under section AIS, Revised Statutes.
Hitherto it has been uniformly held that
under sections 1862. 1858, 4702 and
AIS. Of the Revised Statutes, minor
Z
who at the date of his death was either
a pensioner or lawful claimant for in
valid pension, could hold
A PensiOnabIe Status
as minors of the soldier so far as to re-
ceiYe accrued pension in case of his
death and the death of the parent of the
children, thereby constituting the words
49, Iot sgoY fo
son," to apply not only to the soldier,
but to his widow, his children, depend
ent brothers and sisters, or to dependent
parents.
In his decision the assistant secretary
says that the words of the act ''any pen
SiOner," and "any person entitled to
pension" evidently mean the same
character or class of perSOnS-perSOnS
who had incurred disabilities in the mil
itary service-the only difference being
that the first words quoted apply to
person to whom pension has already
been granted, while the words secondly
| quoted apply to the same sort of person
to whom pension has not been granted,
but who. under the law, is "enlitled to
a pension, having application therefor
| pending" based upon a wound, in
| jury or disease, which, under the con-
| ditionS and limitations of such sec
| tiOns." 4692-4693, would have entitled
| him to an invalid pension had he been
| disabled. And Furthermore, it is ObVi-
Gus that the after quoted words, "any
! pension and any person entitled to a
pension, having an application therefor
pending"
Refer Exclusively
to a person of the masculine gender, in
asmuch as the accrued pension that
shall result from the death of 'such a
person" as may leave a widow who
shall be entitled to his accrued pension,
or, ''if there is no widow, may leave
child or children, under sixteen 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 assistant
secretary holds that accrued pensions
can be fully paid to grandchildren.
As to reimbursement for last sick
ness and burial" the assistant secretary
concludes that while only the widow or
minor children of the deceased soldier
can take the accrued pension, the only
person 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 opin-
| ION by SOllcltOr General PnllllpS, rem
dered Aug. 10. 1876, until now, last
sickness and burial expenses have been
allowed in all cases where the deceased
was an impecunious pensioner or en-
titled to a pension, whether soldier,
minor children, grandchildren or de-
pendent parents. 1t is stated that fully
g. 900 has been wrOngfully paid to
claimants under the Phillips opinion as
reimbursements for last sickness and
burial expenses, for which section AIS.
Revised Statutes, did not provide.