Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-08-03
What Commissioner Loohren Has to
Say on the Subject.
PARTICULAR CASES ONLY INVESTIGATED
What the Board of Revision is
Now Doing.
USTICE SHALL BE DONE,

Sir: have not complied with your re-
peated request that should cause q test to
be made to show the number OF fraudulent
pensions by having 1.0O0 cases drawn from
the admitted files and examined ] have not
done this for several reasons.
l. Fraudulent cases. If any exist. cannot
be discovered In that way. fraudulent
pension must ordinarily have bsen obtained
upon false or forged testimony. On the face
OF the papers such q case would probably
appear to be well established and incontest-
2. No one whose opinion Is entitled to
consideration has. az think. had the hardi-
hood to claim that the great mass Of ad-
fraud. open and plain on the papers, 30 that
the examination OF 200 cases would dis
close an instance. And !. certainly. have
to believe that any large number Of them
are scoundrels who have sought and OBJ
tanned pensions dishonesty. Especially I
believe that the pensions granted to soldiers
who did actual service In the field, on ac-
count of disabilities Of service origin. are
usually honest and well deserved. No
doubt rests on this class of cases. and no
examinations Of them are being made. ex-
cept where evidence Is received tending to
show that some particular case L. fraudu-
lent. or has been Improperly decided. Even
among the twelve apostles there was one
who was unworthy. and among the brave
and true soldiers Of the Union army 1t cam
not be denied that there were q few bounty
jumpers and men who were Of no credit to
us and Of little deserving, and who have
been, perhaps. among the most eager for
a place on the pension roll at q high ratng.
Investigations Made.
The Investigation as to the work Of dis
honest pension attorneys at Norfolk, New
Mexico and Iowa show local frauds Of large
extent. But 1t would be far from fair to
conclude from such cases that pension at
honest. think. on the contrary. they are
ordinarily as honest, painstakinS and care
ful as other business men. A case of al
legged fraud Is brought to the notice Of the
bureau by information from some source.
II the Information Is indefinite or appears
to be prompted by malice 1t Is disregarded
Investigated, the pension being suspended
during the Investigation according to the
uniform practice Of the bureau from the be-
should not be paid; If not shown TO b Inn
proper the suspended pension Is all paid
and the suspension eniists the active CO.
evidence and reaching a speedy result.
3. The examination Of the June q 1880.
cases is made not because OF any fraud on
was discovered that this bureau had. by
the adoption Of an erroneous rule for ad-
judication, allowed many pensions not au-
sions were only granted on account Of dis
abilities Of service origin. And the acts Of
Congress had in many cases fxed specific
disabilities. and provided generally that for
inferior disabilities of a permanent char
acter, proportionate ratings should be al
lowed; and under this general provision the
commissioner. with the approval of the Sec-
retary. had fixed schedule rates for such in
ferior disa abilities Of service origin.
As said before. all pensions granted un-
der these former laws are presumed to
have been properly granted. and they are
not being examined except on information
showing fraud in some particular case, as
has always been the practice. But the act
OF June q, 1880. granted pensions to per-
sons who had served ninety days or more.
II suffering from mental or physical dis
ability OF permanent character not the
result Of their own vicious habits, neapaci-
tating them from the performance of manu-
unable to earn a support-such pensions
not to exceed S2, nor be less than s6 per
month. proportioned to the disability to
Under this act the disability need not he
Of service origin; but to be pensionable at all
the disability must incapacitate the person
from manual labor, 30 as to render him un-
able to earn a support. Specific disabili-
ties. as such, were not pensionAbls at all
under that act. nor entitled to considera ton
except as they might effect the capacity to
perform manual labor. But by order lsi
issued October Is. 1890. the Commissioners,
with the approval Of the assistant secrs-
should be rated under this act the same a.
they would have been rated under prior
Laws, laws had the disabilities been Of service
origin up to $l2 per month.
Effect of Order 1874.
The effect Of this order was shown in
the Bennett case, which called attention to
It. There the claimant. applying under
this act Of June 27, 1890. was allowed a pen
sion OF S2 per month for slight deafness.
would scarcely interfere with his capacity
to perform manual labor. On inquiry the
medical med referee G reported that. acting under
under the act Of June q, 1890; to perform
manual labor was not considered in ad-
fore. that under that order the law was
disregarded, with the necessary result OF
granting some pensions, like that to Ben
A board Of revision was, therefore, consti.
tuted Of the ablest and most experienced
men Of the bureau, to re-examine these
basis to rest upon. and with instructions
to interfere with no case where. by the
most liberal construction. a right to the
pension could be made to appear, and in
other cases where the pension could not be
sustained under any law to give the sixty
day notice. according to the previous prac-
nish additional evidence and show himself
en- titled.
1t is clearly the duty of every official
pension laws to enforce those laws fairly
and to stop such pensions as clearly ap-
pear to have been granted without author.
fty of any law. This Is all that is being
done here. No one disputes the correctness
Of the decision in the Bennett case. 1t now
appears tnat Assistant secretary buSSey
in January last, rendered a decision in the
case of Henry H. Weike, announcing pre-
cisely the same Interpretation OF the act
of June 27. 1890, and condemning the con
struction given by the bureau to order 1854
as contrary to his understanding when he
approved that order and as contrary to law
Justice VIII He Done.
My old comrades may feel sure OF receiv-
ing everything to which the law-most lib
orally construed-entitles them. Partisan
leaders may try to arouse feeling for par
upon the construction given to II by two
heads of the same department, Of opposite
politics, which construction Is admitted by
everybody to be correct, has no political
character; and did not hesitate to commit
the work to a board Of revision whose abil-
ity fitted them for it, though most Of them
with their chief, are republicans. They are
able and fair men. and select from day to
day, from the cases examined, such cases
as they deem unlawfully allowed. II that
was the class of cases you wished drawn
and examined, the work is done every day
by this board. None Of the pensions In
these cases are suspended until after con-
demnation by this board 1t Is expected
that in very many Of such cases the pen
sioners will be able to produce testimony
showing them entitled to pensions under
the law; In which case the suspension will
be removed.
have perhaps written more than ought
but my comrades are Interested in under
standing this matter rightly and as II is
The man generally misrepresented is the
Secretary. who has. in fact, always been