New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-05-28
RAUMS ORDER REVOKED.
IMPORTANT PENSION DECISION BY stCRE
TARY SMITH.
DISABILITIES NOT OF SERVICE oh''iN AMI ->o'
,xc.pAcIT>T1xG THE APPLICANT FOR MAN
.c,,p pENSION \RI,E

INC<PACITATING Jhb
rH.1ABoR no LONGER PENsioN Ahi'i'
Washington. MAY 27-Trobaby 'ne mos, important
""an" 'y"; ovor sent from the Office Of the
pension ue ,,.rior 10 the Commissioner Of
cC'' - ana todav. 1t is believed by those
49,. -, ,,,itv in the Pension Bureau that Il VIII
So ,ho navment Of pensions under the act u
49,. - 800 between Sl3ooo'ooo ana s-o'oo''ooo
', ,o,,.o the repeal of an order passed by "'Ief"i
~ '"'''' ,roycd by Assistant Secretary Bnssey.
.,,n TO the language OF the statute requiring
, s,.,ul,v not OF service origin TO be such as 10
~ ,he appllcant for Il pension from earning Il
-, nv manual labor. Secretary Smith has been
tsrinc the principles Involved I'm this decision
~, sayera weeks. and important did he deem 1t
~. ubep If was called to his attention BY the
pension Board Of Appeal, he submitted the questions
involved 10 Attorney General Olney and to Judge
Iocbren the Commissioner of Pensions. both of whom
CONQUERED In the correctness OF the decisi0n Inc
text Of the decision is in substance follows:
tn The commissioner of Pensions.
lndans Volunteer filed hf, original application for
AN invalid pension under the provisions of me Revised
Statutes on July >, 1886, alleging that while in the
service and in line of duty at Raleigh. y. G.. about
June l. 1855. ne was Frustrated by SunStroh,' rom
T %rGm This claim was rejected by your bureau.
February 1a. 1902. upon the ground mat inc EViucace
10 the claimants Army service. A.,
10 entitle the claimant TO a pension under the
provisions Of the second section of the act OF June
=. 1880 It was necessary that he should BE- suffering
from a mental physical disability OF permanent
character. not the result of his own vicious laDits
which incapac1tatcd him from the performance OF
manual labor In such degree as TO render nun
unable to support: in which event he was TO
be entitled to receive pension not exceeding III
month and not less than ~ per moth M inc
which slight that he c0uld hear watch ,ick
nc9 from each % he GTTa Of 9hs
law. such slight deafness Of necessity could NO.
incapacae him from the performance. Of mamma na,
sum provided for under this section of the act OF
June 20, 1890.
The correspondence on the subject Is quoted, ana
the opinion proceeds in part as follows
method OF rating followed in this is in accordance
with the law. The second section Of the act OF
Section 3hat all persons who s service % nf s
United States during the late War OF me hepe1non'
and who have been honorably discharged thercir9h.
and who are now or who may herraloer De smierlrt
from mental or physical disability OF perm h,
character, the result OF their own vicious haoi's
which incapacitates them from the hs %,
unable 10 a support shall. upon makng que
ons s the secresrg Of the Interior may provide
BE- placed upon the list OF Invalid pensioners OF ,ne
United states. and be entitled TO receive pension
not exceeding si2 per month and not less than rs
per month, proportional TO the degree OF maoilH
70 earn support ana e@ch Peb,iO apS S@ in the
pension Office after tie passage Of this act upon proof
that the disability then existed ana shall continue
1t viii be seen that this section only provides
for pension where the applicant has been lncapar1
tated from earning support by manual labor ,i ii
capacity TO perform manual labor 10 ueeree Wiio ~
produces inability 10 earn support S tne ta nf the !"
medical referee shows that the pension was allowcd
b. bu,eau in this a IN 10 T perform
manual labor was not taken into consideration:
order no ,c required that all a cases o. SHOWING Sma
1850 should be rated a. If Of service origin me
law spp eyssd to and d IS 8
ANY officer Of the Army ncluu'ns no Tavy
oT MARINE Corp or any enlisted man.
ployed. in the military or naval service of the Gn
mustered or not disabled by reason Of any wound or
service Of the tinted States and in line Of duty, ETC."
The only requirement TO obtain pension ,m mhuet
received or disease contracted while In the service
ana in line Of duty Incapacy to perform mas
i nSSei W she aa Is ' OF JUNE entirely
different standard Of disability from that Just mrn
injuries Of service origin. Disabilities incurred while
actual and G a4 a%a 0P He
law to stand upon an entirely different Ioon a
So regard oa to
support and graded Without ,rr eDo to t1
conc n services origin are only nsionabe when in
capacity 10 labor Joins with incapadty TO earn a
supp These ana two conditions when BY Order 20
Il declared that dabile, under o the act rtu OF
The very principle which governed the rating under r
the act of June aeren a act WA was sGsed
r. Is therefore clear that the rating under the Re
<snd statutes for disabilities Of service origin was
snbst,tuted nv order No. 1914 for the rating provided
onder the act OF 1890. The order having resulted
in one error second error naturally followed and
the inability OF the applicant 10 perform manual IA
Dor was not taken into consideration. In q word'
inc act OF June 27. 1890, was changed ana super
coded hy order NJ. 1914 az construed by your ONCE
and nv a practice that neglected 10 take into CON
sheraton The ability OF the applicant to perform
manual labor . o a.
IL Is hardly necessary 10 present argument or 10
support hy authority the proposition that neither
mo Secretary nor the Commissioner can by order
or practice supcrsede act Of Congress- The power
of The I)epartment far orders and practice are
concerned ie limited TO an execution or thf Ia" ;
1, cease when an effort Is made 10 supcrsede the law
Yon WILL therefore. take such steps as are nec"s-
sary 10 reopen this and 10 pass upon u IN ac-
cordsnce with the provisions Of the act OF Congress
approved June %. 1890. dsregarding any order or
practice with is in conflict with the plain letter OF
the Law.
The decision IS signed by John NJ. Reynolds, AS
sisant secretary of the Interior.
Secretary smith I'm another communication 10 me
Commissioner Of Pensions says that Ii IS hardly nee
cssary present argument 10 support by authority
The proposition neither the secretary nor the
Commissioner by order or practice supcr,ede an
ac Of Congress. and he therefore directs hereafter
that the practice OF the Office conform TO the law