Herald and tribune. [volume] (Jonesborough, Tenn.) 1869-current, 1893-06-01
NEW PENSION RULING.
Secretary Hoke Smith Revokes Order
No. 164:

Washington, May 29.-Probably the
most important pension decision ever
sent from the office Of the Secretary OF
the Interior to the Commissioner OF
Pensions has been issued by Hoke
Smith. 1t is believed by those high in
authority in the pension bureau that it
will reduce the payments of pensions
under the act of June 90, 1890, between
$i5, OOO, 900 and 800, 600, 900. 1t invol-
YES the revocation of an order made by
General Raum and approved by Assis-
tant Secretary Bussey, and a return to
the language of the statue of June q,
1890, requiring that disability, not OF
service origin, must be such as to pre-
vent the applicant from earning a sup
port by manual 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 it that when II
was called to his attention from the
pension board of appeals he submitted
the question involved to Attorney
General Olney and to Judge Lochren,
the Commissioner of Pensions, both OF
whom concurred in the correctness OF
the decision.
Secretary Hoke Smith in his decision
says that General Raum's orders re-
quired that all cases showing a pen
sionable disability under the act of
June 81, 1890, should be rated as If OF
service origin.
The law applicable to pensions OF
service origin only required disability
by reason of wound or injury received
or disease contracted lille in the ser
vice and in the line of duty, while in
capacity to perform manual labor is
the foundation to the right to pension
under the act of June 81, 1890. Dis
ability incurred while in actual service
and incapacity coming upon applicants
long after service ceased are made by
the law to stand upon an entirely diff
ferent footing.
Those incurred during service and il
line of duty are pensionable withou
regard to capacity to earn a support
and are graded without reference tt
this condition. Disabilities resulting
from causes other than of service orr
gin are only pepsionable when incapa
city to labor joins with incapacity II
earn a support and the grades of ra
ting dependent upon these two condi
tions.
When by General Raum's order No
1854 it was declared that disabilities un
der the act of June 81, 1890, should b
rated as if of service origin, the yer
principle W hich governed the ratin
under the act of June n, 1890, was di'
placed and q rule applicable to q dii
ferent act was substituted. In O WORD
the act of June 81, 1890, was change
and superseded by order No. 1854 an
by q practice that neglected to TAX
into consideration the ability OF th
applicant to perform manual labor.
ut is hardly necessary, " says Seer
, tary Smith, ITO present argument 9
to support by authority the ~ps5positio
that either the secretary nor the con
missioner can, by order or practic'
supersede M act of congress. In
power of the department, so far as o.
ders and practice are concerned,
3 limited to an execution of the law;
ceases when an effort Ia made to supel
, sede the law"
, He therefore directs that herealtt
the practice of the office conform I
! the la W.