The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1893-05-29
SAVING THE PENSIONS.
A Decision Which. Stops a Leak ol
Millions Annually.
COMMISSIONER RAUM REVERSED.

Secretary smith Makes Ruling which
Seriously Affects the DISABILITY Claim.
ants"--Neither Secretary Nor Commits
sioner Can supersede an Act of Congress.
WASHINGTON, May 29-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 Saturday,
1t is believed by those high in authority
in the pension bureau that 1t will reduce
the payment of pensions under the act Of
June 81, 1890, between 5000. 900 and s2o,-
100000 1t involves the repeal of an order
passed by General Raum and approved by
Assistant Secretary Bussey and return to
the language of the statute requiring the
disability, not of service origin, to be such
as to prevent the applicant from earning
a support by manual labor.
Secretary Hoke Smith hns been consid-
ering the principles involved in this de-
cision for several weeks, and so important
did he deem 1t that when it was called to
his attention By the pension board Of ap-
peals he submitted the questions involved
to Attorney General Olney and to Judge
Lochren, the commissioner of pensions,
both Of whom concurred in the correctness
of the decision.
The secretary bases his decision upon the
case Of Charles 7. Bennett, formerly pri.
vate in company +, Thirteenth Indiana
volunteers, who enlisted on Sept. IA, 1864,
and was discharged June 49, 1855. Bennett
filed his original application for an inva-
lids pension in July, 1880, alleging that
while in the service and in line of duty at
Raleigh, N. c., about June /, is85, he was
prostrated by sunstroke, from which
disease of the head and loss of hearing re-
suited. The claim was rejected on Feb. IS,
1892, and Bennett appealed from the de
csion.
In connection with the case the board of
examining surgeons declared that tho
man WAS in perfect health, but was
slightly deaf, and rejected the claim. This
rejection is affirmed by the department.
Under the provisions of the act of June 81,
1890, Bennett filed second application,
and was granted the maximum rating of
$12a a month. The secretary stated that
Benefits ailment was slight; that he
could hear a watch tick in each ear, when
1t was within one-half inch of each.
The correspondence on the subject Is
quoted at length, and also Section of act
of June 81, 1890, which provides, so the
secretary says, only for pension where
the applicant has been incapacitated from
earning support by manual labor. The
suance of Order No. 164, and the inability
of the applicant to perform manual labor
was not taken into consideration.
''It will be seen," says the secretary,
shat this order required that all cases
showing pensionable disability under the
act Of June "a, 1890, should be rated as if
of service origin. Whereas, the law ap-
plicable to this class provides that the only
requirement to obtain pension is disabil-
ity by reason of wound or injury received
or disease contracted while in the service
and in line of duty.
"Incapacity to perform manual labor,
which is the foundation to the right to pen
sion under the act of June ~, 1890, fixes
an entirely different standard OF disability
from that just mentioned Disabilities in
Cured while in actual service, and inca
pacity coming upou 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 a support, and are graded
without reference to this condition. Dis
abilities resulting from causes other than
of service origin are only pensionable when
incapacity to labor joins with incapacity
to earn support, and the grades of rating
are dependent upon these two conditions.
ut is hardly necessary to present argu-
ment, er to support by authority the prop
osition that neither the secretary nor the
commissioner can, by order or practice,
superSede an act of congress. You will
take such steps as are necessary to reopen
this case and to pass upon it in accordance
with the provisions of the act of congress-
disregarding any order or practice which is
in conflict with law