The Providence news. (Providence [R.I.]) 1891-1906, 1893-03-25
ONLY THE SOLDIERS
CAN BE ALLOWED ExPENSES FOR
List SICKNESS and BURI1L.
An Important Decision Which VIII Save
the Government Millions In Pensions
Fully $1,000. 900 Illegally Expended.

WASHINGTON, March 25.--It has been
discovered that one Of the most important
rulings ever made in the administration
OF pension matters has remained unpro
mulgated, SO far AS the public knows, for
more than five months past, and that this
decision reverses ruling, under which, ID
appears, fully g., 2,c00, 900 have been wrong
fully paid out
The decision was made on Sept % last
by Assistant Secretary Bussey IL radi-
cally changed the practice OF the depart
ment as TO the disposition of accrued pen
sions in certain cases, and establish new
rule "a TO reimbursement of Expenses for
last sickness and burial" under section
AIS revised statutes. Hither to il has been
uniformly held that under sections 1892
4693, 4702 and AIS, minor grandchildren of
"A deceased soldier, who at the date Of his
death was either a pensioner or a lawful
claimant for invalid pension, could hold
pensionable status as minors of the
soldier SO far rs TO receive his accrued
pension in case of his death of the parent
of the children, thereby constituting the
words of the law, ANY person entitled to a
pension" to apply
Not Only to the Soldier,
but to his widow, his children, dependent
brothers and sisters or dependent parents.
In his decision the assistant secretary
says that the words of the act ANY pen.
sioner' and "any person entitled TO pen
sion, evidently means the same character
or class OF persons persons who incurred
disabilities In the military service-''and
furthermore, it is obvious that the words
(any pensioner" and ANY perso1 entitled
10 81 4 ha,
for pending') refer exclusively to a per-
son of the masculine gender, as the
accrued pension for the disposal of
which the section provides, must be the
accrued pension that shall result from
'the death Of 'such a person as may
leave widow, who shall be entitled TO his
accrued pension, or 'or il there is no
widow, may leave child or children"
under 10 years of age, who by reason Of
the widows death, shall take the accrued
pension that would otherwise go to the
widow during her widowhood
The assistant secretary holds that ac-
crued pensions
Cannot BE Lawfully Paid.
to grandchildren. As TO the reimburse
ment for last sickness and burial" he
concludes that while only the widow or
minor child of the deceased soldier can
take the accrued pension, the only person
for whom the expenses of the last sickness
and burial can be allowed is the soldier
himself From the date Of and under
the authority of an opinion by Solicitor
General Phillips, rendered Aug. 10, 1915,
until now, last sickness and burial ex.
penses have been allowed in all cases
where the deceased was an impecunious
pensioner or entitled to pension, whether
soldier, minor. children, grandchildren or
dependent parents.
1t is stated that fully s2,0000o0 have
been wrongfully paid to claimants under
the Phillips opinion as reimbursements for
last sickness and burial expenses, for
which section AIS of the revised statutes
did not provide.