The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-05-28
Decision by Hoke Smith That Will Take
Over $15,000,0Q0 from Old Soldiers.
Disability Not Of Service Origin Must Be Such
as to Prevent the Applicant from Earn
ing Support by Manual LABOR.
Most Important Order Issued During
the Raum Administration Revoked.
Smiths Rnling Approved BY Attorney-Gener-
al 0iney and Commissioner Lochren-
Report on the Terre Haute Outrage.


PENSION LIST CUT DOWN.
Decision That "Saves" the Government Be-
tween 100000 and SEC, o,0oo,OOO.
WASHINGTON. May 27.-Probably the
most important pension decision ever sent
from the Office of the Secretary Of the In
terror to the Commissioner of Pensions
was filed to-day. 1t is believed by those
high in authority In the Pension Bureau
that il will reduce the payment of pensions
under the act of June 81. 1890. between
s16. .OC0 600 and S2o 600 600. IL involves the re-
peal Of an order passed by General Raum and
approved by Assistant Secretary Bussey.
and q return to the Language of the statute
requiring the disability. not of service orr
gin. to be suoh ss to prevent the app licant
from earning q support by manual
labor. Secretary Hoke Smith has
been considering tho principles in
volved in this decision for sew
eral weeks, and SO important did ke
deem it that when 1t was called to his at
tention from the pension board of appeals
he submitted the question involved TO Az
torney- y-general Olney and Judge Lochren.
tho Commissioner Of Pensions. both of
whom Coneurred in the correctness of tho
decision.
The decision is In the case of one Ben
nett. who sought pension under the old
law. alleging that while in the service at
Raleigh, N. O., he was prostrated by sun
stroke. which resulted in partial deafness
in both ears. This application was denied
on the ground that. while the applicant has
slight deafness, as alleged. IL was not of
sufficient severity to warrant any rating.
The testimony showed that Bennett
could hear watch tick at distance
of half an inch FROM each ear. Bennett cub
sequently applied for and received pen
sion of S12 month, under the act of juno
"a. 1890. This act allows q pension rang
ing from 80 20 Sl2 per month to ex.soldiers
or sailors suffering from any disability of
permanent character not the result of their
own Vicious habits, which incspacitates
thom from the performance of manual Ia
bor In such degree as to render them un-
able to earn support. The inability to
earn q support is therefore made the basis
of the law.
During Commissioners Raum's administra-
tiop On order was issued. known as Order
No. 164. winch directed that all claims for
pension under the act of June 81, 1890.
should be rated the same as like uisa bill
tiles Of service origin. and that oil cases
showing q pensionable disability which.
if of service origin. would be rated at. or
above, s12 q month. should be rated at sl2
o month.
The only requirement to obtain q PEN
sion. under the law applicable to pensions
of service origin. is disability by reason
Of wounds received or disease contracted
while In the service and in the line of duty.
The Secretary says:
''Inoa apscity to perform manual labor,
which is the foundation TO the right of pen
tirely different standard of disability from
that mentioned in the revised statute COW
erlng I'M urles OF services origin. Disa-
bilities incurred while in actnal service
and incspscity coming upon sn 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 regard to capacity TO earn sup.
port and are graded without reference TO
this condition. Disa bilities resulting from
causes other than of service origin
are only pensionable when incapacity
to labor joins with incapacity TO earn q
support. and the grades of rating are de-
by order No. l64 it was declared that disa-
bilitles under the act of June "a. 1890,
should be rated as If of service origin. the
very principle which governed the rating
under the act of June ~. 1890 was displaced
and rule applicable to o different
act was substituted. This case illustrates
the effect of the departure by your bureau
from the terms of the act of 1890:
"Flrst-Tbe applicant was awarded for
slight Deafness not of setvice origin, sl2.
The award was made under the act of $780,
which required the date for deafness
of both ears to be graded from So
to sl2. The highest amount (Sl2l was
only TO be allowed in the seyerest
cases. deafness. It was given by your
bureau for slightest deafness because,
under an entirely different act. applicable
to disabilities of service. and origin. Sl6
was the lowest rating for slight Deafness
.'Second-Tbe inability of the applicant
to perform manual labor was not taken
into consideration. Yet the act of 1s90,
under which the applicant sought end was
allowed q pension. made In ability OF the
applicant to perform manual labor in such
q degree as to prevent him from earn
ing q support the foundation OF his
claim. 1t is therefore clear that
the rating under the revised statutes
stituted by order No. 164 for the rating pro-
vided under the act of 1890. The order hav.
ing resulted In an error. second error
naturally foliowe and the inability OF the
applicant to perform manual la
Dor was not taken into con-
siderstion. In word, the act Of June
q. 1890 was changed and Suspended by
order No. 164. construed by your office,
and ny a practice that neglected to take
into consideration the ability of the appli-
cant TO perform manual labor"
The decision 10 signed by John NJ.
Reynolds. Assistant Secretary of the In.
terror.
Secretary Smith. in another communities.
tion to the Commissioners of Pensions, says
that 1t is hardly necessary to present argu-
ment or to support by authority the propo-
sition that neither the Secretary. nor the
Commissioner can. 10y order or practice
supersede an act of Congress. and he, there
fore, directs hereafter the practice of the
office conform to the law.