The enterprise. [volume] (Wellington, Ohio) 188?-1899, 1893-05-31
MONEY SAVED
By an Important Decision in a
Pension Case.
RAUM'S ORDER REVOKED
By Secretary Hoke Smith, of the Inte-
rior Department
A CLAUSE IN THE LAW

Had Bcen Overlooked-I Inability OF the
Applicant to Earn u Living Made the
Basis of the Act
WASHINGTON, May 29.-Probably the
most important pension decision ever
sent from the Office of the secretary of
the interior to the commissioner of pen
sions was filed Saturday. 1t is believed
by those high In authority in the PEN
sion bureau that it will reduce the pay
ment of pensions under the act Of June
27, 1890, between $15, 600, 900 and $780,
900, 900. 1t involves the repeal of an
order issued by Gen. Raum and ap-
proved by Assistant Secretary Bussey
and return to the language of the
statute requiring the disability, not Of
service origin, to be such as to prevent
the applicant from earning support
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 it
was called to his attention from the
pension board of appeals he submitted
the questions involved to Attorney
General 0lney and to Judge Lochren,
the commissioner of pensions, both of
whom concurred in the correctness of
the decision.
The decision is in the case of one
Bennett, who sought 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. This ap-
plication was denied on the ground
that while the applicant had slight
deafness as alleged, 1t was not of sufh-
cient severity to warrant any rating.
The testimony showed that Bennett
could hear watch tick at the distance
of half an inch from either ear. Ben
nett subsequently applied for and re-
ceived pension of s12 month under
the act of June %, 1890.
This act allows n pension ranging
from SO to sl2 per month TO ex-soldiers
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 labor in such 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 admin
istration an order was issued, known
as order No. 1854, which directed that
all claims for pension under the act
of June %, 1890. should be rated the
same as like disabilities of service ori-
gin and that all cases showing n pen
sionable disability, which of service
origin would be rated at or above s12 a
month, should be rated atSl2 a month.
The only requirement to obtain PEN
sion under the law applicable to PEN
sions 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
labor" says the secretary, (which is
the foundation TO the right to pension
under the act of June 81, 1890, fixes an
entirely different standard of disability
from that just mentioned, contained in
the revised statutes, covering injuries
OF service origin. 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 foot
ing. Those incurred during service and
in line of duty are pensionable without
regard to capacity TO earn a support,
and are graded without reference TO
this condition. Disabilities resulting
from causes other than ofservice origin
are only pensionable when incapacity
to labor joins with incapacity to earn a
support, and the grades of rating are
dependent upon these two conditions.
The decision is signed by John NJ.
Reynolds, assistant secretary of the in
terror
Secretary Smith in another commu-
nication to the commissioner of pensions
says 1t is hardly necessary to present
argument or TO support by authority
the proposition that neither the secre-
tary nor the commissioner can by order
or practice supersede an act of congress
and he therefore directs that hereafter
the practice of the Office conform TO the
law.