The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1893-03-29
WAS WRONGFULLY PAID OUT.
Pension Decision Not Promulgated
Until 100000 Were Spent.

WAsHNGToS, March 24-It has been dis
covered today that one Of the most important
rulings ever made in the administration OF
pension matters has remained unpromulgated.
90 Tar as the public knows. for more than i've
mOnths past and that this decision reverses a
ruling under which fully a. 100000 have been
wrOngfully paid out. as It would now appear.
The facts are 50 important as to require u state
ment at length.
IL is learned that on Sept. IS last Assistant
Secretary Busy made pension decision, here
tofOre unpublished, which radically changed
the practice of the department as TO the dspO-
alton Of accrued pensions, in certain cases and
established q new and important rule as TO re-
imbursement of Expenses for last sickness
and burial" under sec. A. us, revised statutes.
Hitherto il has been uniformly held that under
secs. 4,692, 4,693, 47e2 and = 7O6 OF the revised
statutes minor grandchildren of q deceased
soldier, who at the date OF his death was either
q pensOner CT . lawful claimant for an invalid
pension, could hold q reasonable status as
minors OF the soldier, so far as to receive his
accrued pension ia case OF his death, aud the
death of the parent OF the children thereby
constituting the words OF the law land person
entitled 10 pension" 20 apply not only 10 the
soldier bot TO his widow. his children, depend
ent brothers aud sisters or dependent parents.
In his decision the assistant secretary
says that the words of the act
ANY pensiOner," and ANY person entitled 20
q pension" evidently mean the same character
or class Of persOns-psFsOns who had incurred
disabilities IN the military seFvice-the only
difference being that the first words quoted
apply TO a person to whom a pension has al
ready 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 'entitled TO a pension having
an application therefor pending. based
upon q wound, injury or disease which
under the conditions and limitations Of such
"A SOD aun 4 fQ3l sroutd bax
him TO an invalid pension, had he been dis
Gblsd," aud, furthermore, II is obvious that the
after-qnoted words. amy pensioner. and any
person entitled 70 q pension. having appli-
cation therefor pending" refer exclusively to
q person OF the masculine gender, lnGsDuch as
the accrued pension for the disposal OF which
the section provides must be the accrued
pension that shell result from the death" Of
such a person." rs may leave a widow who
shall De ehtitled to his accrued pension, or, IF
there IL no widow" may leave child OF chill.
dren. under sixteen years OF age" who. By
reason Of the widows death, shalt take the
accrued pension that would otherwise 70 TO
the widow during her widowhood.
The assistant secretary holds that accrued
pensions cannot be lawfully paid 10 grand
children. As TO the Reimbursement for last
sickness and burial" the assistant secretary
concluded that while only the widow or miuOr
child Of the deceased soldier can take the
aecrssd pension. the emily person for
whom the sx psnsss cf the last sickness and
burial can be allowed Is the soldier himself.
From the date Of and under the authority Of
an opinion By sollsitor-Gsnersl Phillips, rem
dsrsd Aug. 10. 1876. antil nov. last sickness
and burial expenses have been allowed In all
eases, where the deceased vss an impscunious
psBsioasr or sntitlsd to a pension, " be Their
soldier, minor children. grandchildren or de-
pendent parents IL is stated that fully 81 0O0.-
900 has been wrongfuliy paid TO claimants un-
der the Phillips opinion.