The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-01-18


wholly unfit for military duty. and he is
required to prove the contrary. This is
the first presum ption INDUCED in by the
bureau,
The next presumption INDUCED in by
this bureau, to which | ask attention, is
this: After the soldier las enlisted, SER
we'd his three years, and undergone all
the hards hips incident to a soldiers life
on the battlefield and on the march,
sleeping on the ground, exposed to the
burning sun of the summer and the
storms of the winter, frequently without
food, many times without sufficient
clothing. after all this the presumption of
the bureau is that when the soldier was
mustered out of the service he was abso-
lutely sound in body and free from
disease! Isubmit, Mr. Chairman, tina:
that presumption is induIged in by the
pension bureau because every soldier
who applies for a pension is required to
prove that at the time of his dis
charge he was in fact suffering from dis
ease, wounds, or injuries to entitle him
to pension.
81 invite attention now to another pre-
sumption indulged in by the bureau
that is, when the soldier makes his appli-
cation for pension the presumption is
that he is unworthy of belief and he is re-
quired to support his application by the
testimony of at least two of his neigh
bors. Not only that, but the character
of these neig ghb bor9 for truth and veracity
is inquired into usually by the bureau
before it will accept their testimony.
Now, there is another presumption
INDUCED in by the bureau-every wit
ness testifying in behalf of an old soldier
is presumed TO be unworthy of belief
he officer before whom his testimony is
taken is required to certify that the wit
ness is entitled to full faith and credit,
that he is honest and truthful. Not only
that, but the officer is required to write
that statement in his own handwriting.
1t is provided that the ordinary method
resorted to-typewriting not be
resorted TO in this particular case, but
the officer must write the statement with
his own hand, certifying TO the honesty
and integrity of the witness.
ut would seem, Mr. Chairman, that
this precaution ought to be sufficient;
yet, after this testimony has gone in, Sc
cret letters of inquiry are sent out and
Investigations made to determine whether
or not the bureau can rely upon the state
ments of the witnesses.
"In the next place, boards of examin-
ing surgeons are presumed to be either
incompetent or unreliable, because the
power to determine the rate of the pen
sion to be awarded is Withdrawn from
such board. l submit that board of
aukAOTlHSO anu Gu pOWCLGO
by the government to examine the
soldier. having the soldier before them
and able to look into his face, to examine
his wounds and mi uries, is better quail
fed TO determine the character OF the
disease and the rate of the pension which
should be awarded to the soldier than
any board of review to whom the claim
may be referred. And yet thas1powsf
is taken away.
hot I'M mi
dulged in? In case the old soldier dies
his claim perhaps pending for years
aud his good wife makes application for
pension, then what is the presum ptiOn?
The presumption is that the soldier
whose widow makes this application
had at the time of his marriage at least
one living wife, if not more, from " hom
he had never been divorced; and the
widow is required to prove the negative
proposition, tnat such was not the case.
Nay, more; the presumption of the
bureau is that the wife herself prior to
her marriage with the soldier had at
least one living husband, if not more,
from whom she had never been di-
vorced; and she is required to rebut the
Dresumption indulged in by that depart
ment by competent proof.
These are not mere idle statements.
They are statements of facts which have
come within my observation aud expert
ence in looking after pension claims.
Again, when application is made on be-
half of the children of a deceasedasol-
der, tho presumption indulged in by
this bureau is that these children are H.
legitimate, and their mother or their
guardian is called upon to establish the
fact of their Legitimacy by showing not
only the marriage of their parents in due
form but that neither had former hus-
band or wife living from wkom he or
she had not been divorced.
II may be permitted to say, Mr. Chair
man. that there is one class of indiVid-
uals against whom these presumptions
may no: rest. There is one class of men
who have the presumption running en-
tirely in their favor, and in whom the bu-
reau seems to have the utmost conf
dence: and that clsss is the Democratic
postmasters throughout the country"
Concluding, Mr.. Kirkpatrick said: ~
want to say, Mr.. Chairman, in conciu-
sion, Notwithstanding the 800 or
400 or 500 pension bills pending before
this body, introduced for the purpose of
some of the evils and abuses
which I have pointed out and notwith-
acted into laws, 1 am clearly of the opin.
ion that but littls can be accomplished
while an unfriendlv administration con-
trolls and dictates the policy of the pen
sion bureau. No bill can be framed that
will compel the issuance of liberal pen
sions by an administration that does not
believe in pensions.
There is but one remedy, and that
will come, in my judgment, ear
ly in November of the year 1896 Zap
plause on the republican side1, when an
indignant, patriotic people will rise in
their majesty and power and set their
seal of condemnation on the party at
whose hands they have suffered these
wrongs. Aud, Mr. Chairman, when that
time comes you will see those old soldiers
from one end of this land to the other,