The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-03-25
Opinion Rendered in 1876. Under Which q
Large Amountof Money Was Paid Out, Re-
versed by Assistant secretary Bussay.
The Decision Said to Have Been Kept
from the Public for Five Months.
Reply of the Harrison Administration to the
Chinese Ministers Protest Against the =
Restriction and Exclusion Acts.
IMPORTANT PENSION RULING.

One That Reverses an Opinion Under Which
100000 Was WrongfuIly Paid Out
WASHINGTON, March 24.-It has been
discovered, to-day, that one of the most
important rulings ever made IN the admin
istration of pension matters has remained
unpromulgated,s so far as the public knows,
for more than five months past. and that
the decision reverses q ruling under which
fully 50. coo, 900 have been wrongfully paid
out, as 1t would now appear. The facts are
30 important as to require q statement at
length. 1t Is learned that on Sept. % last
Assistants Secretary Bussey made pension
decision. heretofore unpublished. which
radically changed the practice of the de-
partment az to the distribution of ao-
crued pensions. In certain cases. and es-
tablished q new and important rule as to
reimbursement of Expenses for last
sickness and burial" under Section AIS
Revised Statutes. Hitherto 1t has been
uniformly held that, under Sections 1892
1895. 4702 and ATS of the Revised Statutes.
minor grandchildren of , deceased soldier
who. at the date of his death, was either a
pensioner or q lawful claimant for invalid
pension, could hold q pensionable stains as
minors of the soldier so far as to receive
his accrued pension, in case of his death
and the death of the parent of the chill
dren. thereby constituting the words of the
law ANY person entitled to pension" to
apply not only TO the soldier but TO his
widow. his children, dependent brothers
and sisters, or dependent parents. In his
decision the Assistant Secretary says
that the words of the act. ANY pen.
sioner," and ANY person entitled to q
pension" evidently mean the same char8c-
ter or class of persons-persons who had
incurred disabilities in the military serv-
lce-the only difference being that the first
words quoted apply to q person to whom
pension has already been granted while
the words secondly quoted apply to the
same sort of person to whom q pension has
not been granted, but who, under tho law
10 entitled to pension. having an appli-
cation therefor pending based upon q
the conditions and limitations of such SEQ
tons 1852 and 1888 would have entitled
him to an invalid pension. had he been dis
abled;" and furthermore. 1t Is obvious that
the alter quoted words. ANY pensioner, and
any person entitled to pension. having an
application therefor pending" refer e1-
clusively to q person Of the masculine
gender, inasmuch as the accrued pension
for the disposal Of which the section pro-
vides must be the accrued pension that
shall result from the death" of such q
person" as may leave q widow who shall
be entitled to his accrued pension. or. II
there is no widow. may leave a child or
children" under sixteen years of age, who.
by reason of the widows death, shall take
the accrued pension that would otherwise
go to the widow during her wido W hood"
The Assistant Secretary holds that accrued
pensions cannot be lawfully paid to grand
children.
IA to the reimbursement for ''last sick
ness and burial" the Assistant Secretary
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
authority of an opinion by Solicitor general
Phillips. rendered Aug. 10, 1876. until now
last sickness and burial expenses have been
allowed In all cases where the deceased
was an impecuDious pensioner or entitled
to pension. whether soldier. minor chill
dren. grandchildren or dependent parents.
1t is stated that fully S2.C00000 has been
wroncfully paid to claimants under the
Phillips opinion as REIN bursements for last
sickness and burial expenses, for which
Section Ais Of the Revised Statutes did
not provide.