The Coconino weekly sun., 1894-01-11
IN THE LINE or DUTY.
Important Pension Decision - Assistant
 Secretary Bussey's Ruling Reversed =

Secretary Bussey's Ruling Reversed =
 What Co istitutes the "Line of Duty"
 WASHINGTON, Jan. 4-Assistant Sec retary Reynolds, of the interior depart ment, has rendered one of the most im- portant decisions that has been made by thls administration. The case un- der consideration was that of James E. Harrison, late of Company NJ, Third Iowa cavalry, who claimed a pension for gunshot wound in the arm. The principal question involved is that of ''line of duty" and the effect of the decision will be to reverse large num- Der of decisions made during the last administration in which this question was at issue.
 Harrison alleged that he incurred an accidental gun-shot wound in the left fore arm while changing the position of his gun while on picket duty. He was pensioned for this disability, but in 1877 his name was dropped from the rolls on the ground that the disability alleged, and for which pension was granted, was not incurred in the line of duty.
 Four applications for reinstatement were rejected, the department stating in 1890: "As the evidence establishes beyond all doubt that appellant was in pursuit of pleasure and not in the line of duty when injlce the rejection is affirmed"
 On June 20, 1891, Harrison was grant ed pension under the act of June P, a%e hut nf was withheld to make good the money wrongfully received under the old law The case was withdrawn from the files in way that is not clear from the record or papers and the former de- cisions were reordered by Assistant Sec retary Bussey. July 27, 1892, and over- ruled, and the commissioner was or dered to restore his name to the roll, which was accordingly done, and he received on the first payment S4 36l.50.
 In November, 1893, Commissioner Lochren submitted the case for the consideration of the department to de- termine whether Harrison's name should still be retained on the roll On examining the papers Assistant Secretary Reynolds found from the claimants own testimony before the special examiner that at the time of be- ing injured he was not on duty or act ing in pursuance of orders from his su- perior officers, hut was acting in the particular instance on his own voli- ton.
 In the opinion rendered by Gen. Bus sey in which Harrison's name was or dered to be restored to the rolls, it was stated that an error had been discovered on an application of the law regarding ''the line of duty" It was stated in this opinion that 'it appears that be- ing detailed to cook for his mess and his comrades on their arms, he (Har- rison) obtained from his commanding officer permission to go a short distance out of camp into the surrounding forest for the purpose of killing deer to be used of course as food for his comrades. It is doubtless true there was no actual need for the deer This constituted the general order upon which the former decision was over-ruled, and the claim ants name was restored to the rolls with a back payment of S4,G3l5O.
 This craving for venison," under the circumstances in the ease, would not be considered worthy of discussion, says Assistant Secretary Reynolds, even if sustained by the facts, which are that the claimant was one of squad sent to Centerville, Mo, to do picket duty, or act as an outpost watching the roads to notify the feder- al forces of the approach of the enemy. While there they occupied the court house. No severe duty was performed and no picket line was maintained, eX- cept about the courthouse yard. The claimant was detailed to cook and per formed no other duty. One of the company had repaired rifle to be used for the purpose of hunting, and after the claimant had discharged his duties as cook, he borrowed this rife, went into the adjacent forest and was shot. There is nothing in the case to show that at the time he was so injured he was acting other than for his own pleasure and benefit, and upon this state of facts the secretary overruled the decision by which the claimants name was restored, and directed that the commissioner take the necessary steps to drop his name from the rolls. It is learned that the claimant in this case was a member of the regi- ment of which Assistant Secretary Bussey was colonel