The World. [volume] (Martinsburg, W. Va.) 1891-1896, 1893-03-27
4 VERY LARGE MISTAKE.
IA Remarkable Find in the Pension
Office.
THE FACTS IN THE CASE
Decision n Fosner solieiter General Revoked ~
Ralingei Assistant Secretary Bussy rive
KoaiAs Age wrcngfally Paid out.

KoniAs Age wrsngfally Paideus.
wAsnINarox, March 20 IL was dis
covered Friday that ono Of the most
important rulingtrexer made Ia the adj.
ininistration ofPensiop matters has re,
manned nnpFgmulRatesk, so far as the
public knowa for mArc than Eve
months past. and that this decision re.
verses ruling under which fully e..
00l. 600 have been wrongfuily paid out,
as II would now appear The facts are
50 Important as 70 require statement d
length.
II Is learned that on September Is
last Assistant Secretary Dussey made a
pension decision, heretofore unpub-
lishcd. which radically changed the
practice OF the department as TO the
disposition Of accrued pensions In cor
tain cases. and established new and
important rule rs TO reimbursement OF
Expenses for last sickness and burial
under section AIS, revised Statutes
Heretofore il has been uniformly held
that under sections 1929, 1908, area and
ais OF the revised Statutes minor
grandchildren Of a deceased soldier. who,
At the date Of his death, was either d
pensioncr or lawful claimant for In
valid pension. could hold pensionAbie
status as miners OF the soldier. 80 far
rs to receive his accrued pension iii case
81 his death and the death Of the par
ent Of the children, thereby constituting
the words Of the law, any person en-
titled To a pension. 70 apply not only
10 the soldier. but to his widow, his
children, dependent brothers and sis
tors or dependent parents. In his de-
cision the assistant secretary says
that the words Of the act, amy
pcnsioncr" and ''any person cnti-
tied 70 q pension, evidently mean
the same character or class Of
persons persons who had incurred dis
abilities In the military scrvice--thc
only difference being that the first
words quoted apply 10 apcrson to whom
pension has already been granted,
while the words secondly quoted apply
TO the same sort of person to which
pension has not been granted, but who.
under the law, is entitled TO a pension,
having IN application therefor pend
Ing based upon n "wound. injury
or disease, which, under the con-
ditions and limitations of such
sections l460z and a0o3l would
have entitled him TO On invalid
pension had he been disabled. And
furthermore. 1t Is obvious that tho after
quoted words t..any pensioner. and
any person entitled to pension, hav-
ing an application therefor pending''l
refer exclusively to n person Of tho
masculine gender, inasmuch as the no
crued pension. for the disposal Of which
the section provides, must be tho ac-
crued pension that shall result from the
death" OF such person as may leave
widow who shall be entitled to his
iiccrued pension. or, III there Is no
widow" may leave child or children
under sixteen years Of age who, by
reason Of the widows death. shall take
the accrued pension that would other
wise 60 to the widow during her wid-:
owhood. The assistant secretary holds
that accrued pensions can not be law
fully paid 70 grandchildren.
AS TO reimbursement for "last sick
ness and burial the assistant sccre-
tary 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 author
ity OF an opinion by Solicitor-Gcn-
eral Philips, rendered August 10. 1875.
until now, last sickness and burial ex-
pcnses have been allowed III all cases
Il IN. n
whether soldier. minor children, grand
children or dependent parents.
1t is stated that fully $4,000, 900 has
been wrongfnlly paid to claimants nm
der the Philips opinion as reimburse
ments for last sickness and burial ex-
penses, for which section ATS OF the re-
vised statutes did not provide.