The National tribune., 1895-02-21
IMPORTANT DECISIONS.

Some important decisions on pension aues-
tons have been promulgated by Assistant Sec
rotary of the Interior Reynolds. In the case
of Frederick w. Kerner, of New jersey, Judge
Reynolds holds that whore soldier pensioncd
on account of deafness walks alongside OF a
railroad track to save distance, and is struck
by car and injured, the injury is primarily
due to his own negligence, and only remotely,
If at all, to his deafness. If he is subject to
some infirrnity which increases the risks il is
held that his obligation 20 avoid the dangerous
situation is so much the greater. To establish
q claim for pension increase because Of injuries
alleged to have been incurred by reason of the
disability pensionsble, it must be satisfactorily
shown that the accident was directly occssioncd
by tho pre-eIisting disability, and not due TO
negligence or carelessness of the claimant.
Pension attorneys are held TO be entitled to
their fees when the evidence TO establish n
claimants right 10 a pension is completed.
The fee. according to the decision, will rest in
the personal representative of the attorney IL
he should die before allowance of claim or issu-
ance of certificate. The rights OF an attorney
are declared to DO determined by his legal status
at tue time the claim is completed, and with
out reference to the date of adjudication.
The widow of soldier or sailor, says the As.
sistant Secretary. whose husband voluntarily
served in the Confederate army or navy, either
prior to or subsequent to his service in the
L
sion under the act of June q. 1890.
Assistant Secretary of Interior John NJ. Rey-
nolds holds that where appellants first appi.
cation being defective BY reason OF the ON issiun
OF the seal Of notary before whom it is pur-
ported &c have been executed, she was requ ired
to file n second and properly executed applica-
ton, and pension was commenced at date of
such fling, as there was nothing TO indi-
cate fraud, and the defect did not go to the
merits of the case. aud was due to an oversight,
the Bureau of Pensions should allow the defect
to be cured either by permitting the seal TO be
impressed thereon. or the official character and
genuine signature OF the notary to be shown by
certificate OF county clerk; and that thercupon
the claim should be readjudicated to allow PEN
sion from date Of filing the first application.
He has also decided that a claimant injured
while on liberty By grasping a lighted fire.
cracker from the hands OF another man for the
purpose of averting the danger from the latter,
is not entitled 10 a pension. He holds THAI
the injury Was not incurred In the line of
duty. Line Of duty" in the pension law
means military duty, and not merely moral
obligation. The claimant was Willard Spinney,
a seaman Ia the United States Navy, who had
his left arm torn of at Portsmouth,, n. H.,
Navy-yard while trying to save a companion
from danger
The Assistant Secretary OF the Interior has
made the following decision In the Mexican
war pension case Under the act of Jan. 5,
1893 increasing pensions Of the survivors of
the Mexican II, destitntion due to the alb
sence of the nccessaries of life, Notwithstanding
the aid afforded by the pension of So per month,
is the ultimate foundation which must be
proved to entitle the relief provided. This re-
quirement Of the law bjoins other namely:
That claimant shall be wholly disabled for
manual labor. Destituton, in fact. ia not
shown. nor or such facts shown in this CASE
that destitution pay be fairly inferred there
from"