Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-05-06
THE GENERAL PENSION LAW
Chairman Picker Explains the Provisions
of the Bill Recently Passed.
Particular Reference as to Andnvits,
Proof of Marriage and the Rat
ing of Disabilities.

The general pension bill, which passed
the House last week. is said to be the most
important and far-reaching pension legis-
lation proposed since the passage of the
act of June ~, 1890 1t is the understand
ing that the Senate is to take the bill up
for consideration at an early date.
The bill Is very lengthy and to any one
but pension lawyer not easy to under
stand. At the request of Star reporter
Chairman Picker today gave the follow
ing synopsis of the provisions of the BILL
Mr.. PIckler's Explanation.
''By the first section Of the bill prior
service in the confederate army or navy
shall not disqualify any person otherwise
entitled to a pension. provided, the disa-
bilities were not incurred during such con-
federate SERVICE" said Maj. Picker This
sectiun also provides that all laws shall
be construed literally in the interest of
the pension claimant, and that only fair
preponderanee of evidence will be required
to prove any fact. No pension shall be
reduced for fraud, clerical error, mistake
of fact or recovery from disability, with
the exception of the pensions of widows on
remarriage, and other specific cases men,
toned In certain sections of the Revised
Statutes. -....t 40
.'All pensions reduced or discontinued
since January. Z, 1893 shall be reconsidered
and adjudicated in accordance with the
provisions of this act, the pension to re-
commence at the date of reduction or dis
continuance or at the time thereafter when
the disabilities began to exist. All inves-
legations into any pension previously
granted shall be by question and answer
the proceedings to be conducted in a man.
ner more nearly approaching the usual
fern of trials at law. Charges of fraud
must be reduced to writing, signed, and
under oath. The oath of an officer shall
have no more weight than that of an en-
listed man, with a proviSo that no claim
shall be rejected because of claimants
Inability to furnish more than one witness
as to any material fact.
Manner of Making ARdavits.
Section dispenses with order 229 in re-
gard to the manner Of making affidayits.
which has given so much trouble to the
claimants for several years past Section
Z requires the pension office in giving the
status of a case to set out every fact upon
which further evidence is necessary to COM
plete the same Section gives the claim
ant or his attorney the right to examine
all papers in the pension Office which have
a bearing on mis- claim. The records of the
War Navy Department showing disa-
bilities to have been incurred in line of
duty are made conclusive of that fact. Sec
ton 10 provides that the common-laW pre-
sumption Of death shall obtain in the ad-
approved March Ii, 1885, limits the pre-
sumption of any officer or enlisted man.
and the object of this section Is to enlarge
the law SO as to cover all cases.
As to Marriage Proof.
Section II provides that marriage
good at common law shall be sufficient in
pension cases in the absence of other evil
dence Of marriage. This subject is now
governed by the law of the state in which
the parties were married, and, as mar
riages contracted inHseveral of the states
are not valid in others, the present system
equally meritorious. This section estab-
fishes a liberal andn uniform rule of evil
dence in regard to all. 81
Section IL fixes July ], 1895, as the date
when the war closed az
Under section 49, "a prior dishonorable
discharge or desertion Is NO bar to pension
under the act of June "a, 1880, provided
orable service Of rinety days. and did not
incur the disability for which he claims
pension during his dishonorable Ieryice.
This section also Efovides that the dis
charge certificate shall determine the length
of service. The pre- viso makes death in the
service equivalent to an, honorable dis
charge.
Rating of Disabilities.
1.-THE main feature Of section IA is the
provision that disabilities shall be given
the same rating under the act of June u.
1890, as under the general law, between So
and $12 This is the most important Sec
ton of the bill Under 1t the pensions here
tofore reduced or discontinued will be re-
stored, it will add thousands Of new names
to the pension rolls and a liberal interpre-
tation and execution of its provisions will
confer as many benefits as the Mexican
service pension law,