The National tribune., 1894-01-18

u Woulu DC lmpfacGlcapie 10 Classify peusioHoss
according to mental endowment. The man
possessing wealth of mental equipment must
stand upon the same plane with his ignorant
and illiterate comrade. their physical disabili-
ties being equal. The rating by the respond
eDts predecessor cannot be assailed on the
ground that the relator by reason of his learn
ing and ability has been elevated to the judi
cisl position that he is said to grace. 1t Is
apparent that the ability to perform the duties
Of that high Office is compatible with total in
ability to perform manual labor, and with q
physical condition specified in the act OF Con-
gress of June Is. 1874 as being 80 perma-
nently and totally disabled as to require the
regular personal aid and attendance of another
person."
THE DEGREE OF HELPLEssNEss
that requires the regular personal aid and
attendance of another person has been awarded
by various acts of Congress from 1868 down to
1878 the highest pension. By section IL OF
the act of July q, 1863 the rate of S25 per
month was given for such disability. to con-
tinue till June 3, 1872 By section of the
act of March g. 1873, the rate was raised to S3l.25
per month from June A, 1872. BY the act of
June IL, 1874, the rate was Increased to 500 per
month.
By the act of June 16. 1880. it is provided
that "all soldiers and sailors who are now re-
ceiving pension of $50 per month under the
act of June Is, 1874. shall receive in lieu of all
pensions now paid them by the Government of
the United States, and there shall be paid them
IN the same manner pensions are now paid
TO such persons, the sum of S72 per month"
Under the several acts of July 81, 1868,
March 3, 1873. and June IL. 1874. the disability
just mentioned is classed with the loss of both
hands. or the loss of both feet. or of both eyes.
The pension for these specific losses of both
hands, both feet or both eyes was increased to
S32 per month by the act Of Congress OF June II,
1878, and the pension for the loss of both
hands was raised to 500 per month by the act
of Feb. IL, 1859.
The act of June 10, 1874. provides that Sec.
of the act of March 3, 1873, shall be SO
amended that the persons therein described
shall receive a pension of $50 per month. The
act of 1873 describes the objects of its special
bounty AS those who have " lost the sight of
both eyes, or shall have lost the sight of one
eye the sight of the other having been pre-
viously lost. or shall have lost both hands, or
shall have lost both feet. or been permanently
and totally disabled in the same, or otherwise
SO
as to render them utterly helpless, or so nearly
so as to require the regular personal aid and
attendance of another person." The act of
June L. 1874, must be construed with that of
March 3, 1873 ,..,
The respondent claims that in his opinion
the injuries of the relator do not amount to
such disablemeut as is required by the act of
Congress of June lS, 1874, and June IT, 1880;
that 1t does not amount TO Total and perma-
nent helpiessness." Act of Juno Is, 1874
But il is apparent that the condition that is
referred TO as total helplessness must be in fact
only partial, for the loss of both eyes would
leave the use OF hands aud feet; the loss of both
feet would not deprive of the benefit of hands
and eyes. aud the loss of both hands would yet
permit the help Of eyes aud of feet. | am of the
opinion that the reator. whose condition had
been such by reason of loss of left and
wound in left hip, that from 1862 his wound
had never healed completely. and lie has
CURED the regular personal aid and attendance
Of another person,
COULD REASONABLY DEMAND
to be rated under the laws mentioned and that
the Judgment of the former Commissioner
III so rating him by the certificate of Aug. 16,
1889, WAS within the bounds OF legitimate con-
stfuction, notwithstanding that the act of 1880
by its terms increases to S72 per month the pen
slons of those now receiving pension OF $50
per month" for its fair construction relates it
10 class of persons then entitled to receive
that rate. aud al; hough the relator was not
drawing that rate his applications and the evil
deuce Ia support Of them showed the character
OF his Disabilities, which. as early as July. 1862.
the affidavit OF two surgeons, declared ito
tally disabled him from Obtaining his subsist-
ence by manual labor" That being SO, the
issuance of that certificate by the predecessor
in Office of the respondent was not unlawful.
lie was charged with the duty Of deciding the
question. and he acted within and not in excess
of his authority. Toe respondent says that his
Judgment is not in accord with his predecessor,
and that therefore be has the right to review
and rescind his act on the ground of error. If
that be CO. there can he no such condition
known TO pension claims as final determipa-
tion for each succeeding head OF the Bureau
may differ with his predecessor upon the same
state OF facts. and the right Of the pensioner
will be a mere shuttlecock to be tossed back
aud forth by the battledores of succeeding Off.
Gals. This cannot be so, unless there is some
peculiar quality that inheres in pension grant
that justi6es il, or there is some provision con-
tanned in the United States pension legislation
that authorizes il.
IS A PENSION A Bounty
It is said that pension is mere bounty be.
slowed by the Government, and that the Com
missioner of Pensions is the almoner; that il
is not vested right, but is subject to with
drawal or notification at any time in the dis.
erection of the almouer. 1t is true that the
right TO pension exists only at the will of Con-
gress. That body gave the bounty, and it may
in its legislative pleasure discontinue 1t at will.
IT was and is given, however, not as a charity,
tut as grateful recognition by great Gov
eminent of the services, sacrifices and losses of
its manned patriots. 1t is none the less true
that the right conferred pursuant to legislative
attachments, so long as the grant exists unre-
pealed by Congress, is absolute and vested as
against everyone except the power that created
It, As against the will OF Congress it is not
vested, but it may be withheld or recalled at
its discretion. ~. s. u.s. Teller, 107 u. s., 81
68)
DOCTRINE OF REs ADJUDICATA.
1t Is not within the ordinary power of the
act of his predecessor ia which third party
has an interest upon the same state of facts.
This right in an incumbent of reviewing a
matters of fact arising from errors in calcula-
material testimony is aiterward discovered and
produced" UNITED States VS.. the Bank Of the
Metropolis 10 Pet, 401.)
The fact that the action of the predecessor
relates to a matter OF pension does not alter
the rule for under the law every person spec-
fed, upon making due proof, shall be placed on
| the list of invalid pensions and be entitled TO
receive such pension as is provided. which
shall continue during the existence Of the dis
ability. The right is absolute so long as Con-
| gress continues the provision. and when ad-
judged upon the requisite proofs it is qualified
| right of property of which the pensiOner can
only be Invested by due process of law.
| Has such power of revision and RECESSION
been conferred by the Congress upon an in
cumbent Commissioner with reference to the
decisions of his predecessor Undoubtedly. in