The comet. (Johnson City, Tenn.) 1884-1916, 1893-06-01
MILLIONS SAVED
BY REVERSING ONE OF Ex.COM.
MISSIONER RAUM'S RANK
ORDERS.
A Most Important Decision Concern.
ing the Pension Law.

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 was filed to-day. tits believed
by those high in authority in the
Pension Bureau that it will reduce the
payment OF pensions under the act OF
June 27, $780, between $15,000,000 and
$20,000.000. 1t involves the repeal OF
an order passed by Gen. Raum and
approved by Assistant Secretary Bus
sey 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
important did he deem it that when it
was called to his attention from the
pension board of appeals, he submit
ted the questions involved to Attorney
General 0lney and Judge Lochren, the
Commissioner OF Pensions, both OF
whom concurred in the correctness of
the decision.
The decslion is in the case Of one
Bennett, who sought pension under
the old law, alleging that while in the
service at Raleigh, N. @. he was
Frustrated by sunstroke. which result
ed in partial deafness in both ears, this
application was denied on the ground
that while the applicant has slight
deafness, as alleged, it was not Of
sufficient severity to warrant any
rating. The testimony showed that Ben
nett could here watch tick as the
distance OF half an inch from either
ear, Bennett subsequently applied for
and received a pension OF $12 a month
under the act OF June 81, 1890.
Under this act pension is allowed,
ranging from So to $12 per month to
ex-soldiers or sailors, suffering from
any disability of permanent character,
not the result of their own vicious hab-
its, which incapacitates them from the
performance of manual labor in such
degree as to render them unable to
earn support. The inability to earn
support is, therefore. made the basis
OF the law.
During Commissioner Raum's ad
ministration an order was issued
known as "order No. 1914" which di
rected that all claims for a pension
under the act of June 27, 1890, should
be rated the same as like disabilitieI
Of service origin, and that all cases
showing pensionable disability which
if Of service origin would be rated a
or above $12 month, should be rated
at $12 a month.
The only requirement to obtain
pension under the law applicable tt
pensions OF service origin is disabilit,
by reason OF wounds received or dis
ease contracted while in the service
and in line OF duty.
"Incapacity to perform manual la
bor," says the Secretary, (which is tn
foundation to the right to pension I'm
der the act Of June ~, 1890, is an en-
tirely different standard OF disabilit,
from that just mentioned, contained
in the revised statutes, covering inju
ries of service origin. Disabilities in
Cured while in actual service and in
capacity coming upon the applican
long after service ceased, are made b,
the law to stand upon an entirely dill
ferent footing. Those incurred durini
service, and in tine of duty, are pen.
sionable without regard to capacity Il
earn support, and are graded with
out reference to this condition. Disa
bilities resulting from causes othe
than OF service origin, aae only pen
sionable when incapacity to labor join
with incapacity to earn support, ant
the grade Of rating are dependent ur
on these two conditions.
when by order No. 164, it was dc
clared that disabilities under the &C
Of June q, 1890, should be rated as
Of service origin, the very principle
which governed the rating-under th
act of June ~, 1890, was displaced
and rule applicable on different az
was substituted.
"This case illustrates the effect Of tn
departure by your bureau from th
terms Of the act OF 1901, The ap
plicant was awarded for slight dea
ness, not Of service origin, $12, Th
award was made under the act of 189
which required the rate for deafnei
Of both ears to be graded from rs an