Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1893-05-29
AN IMPORTANT RULING.
1t WIN Cut on SEQ. 600 900 Unjust Annual
Pension Payments.


Pension Payments.
WASHINGTON, d. c., May 27.-Prob.
ably the most important pension de-
cisiOn ever sent from the Office OF the
Secretary Of the Interior to the Com
missioner of pensions was filed to-day.
1t is believed by those high in authority
in the Pension Bureau that IL will re-
duce the payment of pensions under the
act Of June 27, 1890, between SIS, 000,O 900
and 10000. 900.
1t 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-
curing the disability, not Of service
origin, to be such as TO prevent the APP
plicant from earning 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 ii was
called to his attention from the Pension
Board Of Appeals he submitted the
questions involved to Attorney General
Olney and to Judge LOchren, the Com
missioner Of Pensions, both Of whom
cOncurred in the correctness OF the de-
cision.
The decision is in the case of one Ben
nett, who sought a pension under the
old law, alleging that while in the SER
vice at Raleigh, North Carlina, he was
Frustrated by sunstroke 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, it was not OF sufficient
severity
TO WARRANT ANY RATING.
The testimony showed that Bennett
could hear watch tick at the distance
Of half and inch from either ear. Ben
nett subsequently, applied for and re-
ceived a pension OF Sl2 month, under
the act OF June 81, 1890.
This act allows pension ranging from
six to twelve dollars per month to ex-
soldiers or sailors suffering from any
disability Of a permanent character not
the result OF their own vicious habits,
which incapacitates them from the per-
Torrance OF manual labor in such de-
gree as TO render them unable to earn
support. The inability to earn sup
port is therefore made the basis OF the
law. During Commissioner Raum's ad-
miniStration an order was issued, known
as Order No. 1914, which directed that
all claims for 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, IL Of service oriain,
would be rated at or above S12 month
should be rated at S12 month.
The only requirement to obtain a
pension under the law applicable to
pension Of service origin is disability by
reason OF wounds received, or disease
contracted while in the service and
IN THE LINE OF DUTY.
'Incapacity to perform manual la
bOr," says the Secretary, (which Is the
foundation to the right to pension I'M
der the act OF June q, 1899, fixes az en-
tirely different standard Of disability
from that first mentioned, con-
tanned 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 the law TO stand
upon an entirely different footing.
Those incurred during service and in
line OF duty are pensionable without re-
gard TO capacity to earn support, and
are graded without reference to this
condition. Disabilities resulting from
causes other than Of service origin are
only Densionable when incspacity TO
labor Joins with incapacity TO earn 8
support, and the grades OF rating are
dependent upon these two conditions.
When by order No. 164 il was declared
that disabilities under the act Of June
97th, 1890, should be rated as II OF SER
vice origin, the very principle which
governed the rating under the act Of
June 9Th, 1890, was displaced, and q
rule applicable to
DIFFERENT ACT WAS SUBSTITUTED.
Secretary Smith in communication
to the Commissioner of Pensions, says
il is hardly necessary to present argu-
ment or to support by authority the
proposition that neither the Secretary
nor the Commissioner can by order, or
practice, supercede an act Of Congress
and he therefore directs hereafter the
practice of the Office conform to the
law.