The National tribune. [volume] (Washington, D.C.) 1877-1917, 1896-04-30

4
Statutes OF the United States and acts supplemental
| to and amendatory thereof
If this section shall become law it will
| bring greater peace, quiet, comfort, and salts
faction, and to a far greater number of people,
| than any other legislation that this Congress
can possibly enact. The pensioners all over
this land. soldiers, soldiers widows aud orphans,
| hundreds of thousands of whom arc now in
absolute dread and fear of the discontinuance
of their pensions, will rejoice. To wives and
daughters. to children and grandchildren, will
this provision come with feelings OF the deepest
gratitude.
Veterans in all parts of the country who de-
pend on their pensions TO keep them out OF the
almshouse have during the past two years ex-
| perienced the greatest solicitude and fearful
| anxiety lest their pensions should be dscon-
| timed. This section will dissipato this fear.
1t will be solace to their declining years. 1t
| is just, it is humane, it is righteous.
Sec provides that pensions reduced or dis
continued by reason Of the late Interpretation
of the act OF June p, 1890, shall, upon applica-
| tiOn, be restored under the provisions of this
| act
Sec. provides that all Investigations into
the merits of any pension previously allowed
shall be conducted by question and answer.
| Under the present practice the Special Exam
liner calls upon the pensioner, claimant, or wit
| ness, and himself submits in narrative form
| the testimony to be examined. 1t needs no
| argument 10 show that the Examiner can
| easily color the testimony in one direction
/ the other, as he may be inclined, when he Is
| allowed to examine the witness orally and then
commit the statement TO writing in narrative
/ form, with his own Interpretation and bias con-
corning the facts sworn 10. 1t is believed that
! in a large number of cases the exact meaning
of the witness does not, by this means, reach
! the Pension Office.
The proviso to this section is as follows:
| d,J Tl,at ,rI,ou snll he
tions shall be reduced To writing and under OATH
and the person persons affected thereby shall be
! furnished with certified copy oil the charges
made, together with the names oil the persons
making the same and the witnesses by whom sara
charges are to be proved at least ~ DAYS prior 10
such investigation such investigation to be CON
Quoted at the Countyseat OF the County in which
the person affected resides and the dispositions of
witnesses residing outside oil said county snail DC
| taken near may he in accordance with the
practice of the State Territory in which said
witness resides.
This provides mode of taking testimony
where fraud is charged. Fraud cannot be in
| ferred, but must always be clearly established
by the evidence. and there is no reason why
charge of fraud in pension case should not be
as carefully Investigated and examined as IN
! case at law.
| Sec. provides that the oath of an enlisted
man shall be of equal weight with that of
commissioned officer, and that no claim shall
be rejected because of claimants inability to
furnish the testimony of more than one wit
ness TO any material fact.
Nor is there anything unreasonable in the
proviso to the section, to wit:
That no claim shall be rejected because of claim
ants inability To furnish 10 any material fact in
the case the testimony Of more Than one crediiablc
witness having knowledge Of such fact.
| While it does not provide that proposition
! shall be considered as established by sgch evil
1 dence, it infereniial!y directs the allowance of
the claim if the Commissioner shall believe the
fact is thereby sufficiently proved.
Section provides
That in the administration of the pension laws
afiant shall be required only to make oath that
said af1iant has read or heard read The subscribed
affidavit; that the same prepared in his or her
presence at his or her dicaiou, is in afliaups own
language. aud that the matters and things therein
stated are true.
The demand for the provision embodied in
this section arises from what is known as "OT-
der 229" of the Department of the Interior.
| The complaint against this order is universal.
Ia actual practice it is very difficult TO prepare
an affidavit in accordance with its mandate.
| No such drastic requirements are known IN
| any court or tribunal in the land. In fact, the
| careful attention of good lawyer is absolutely
| necessary.
When it is considered that many applicants for
| pension are persons of limited education aud
very generally unacquanted with legal rules
and forms. such measure becomes impractical
| Bile ard unreasonable, and should be discon-
| timed.
The order carries with it the intimaton that
the witness does not intend to testify to the
| truth, and the object of it would seem to be to
delay him by its unusual requirements. 1t
has hindered and delayed the granting of more
pensions than probably any other emanation
from the Pension Bureau.
Sec. z Of the bill provides
That all notifications from the Bureau OF PEN
sions The status Of any case shall set forth
II tiri, furtI tpra
| Is required to complete the same.
Sec. 8 requires that all papers, memoranda,
writings, letters, or exhibits relating 10 any
pension claim shall be open to the inspection
OF the claimant or his attorney. 1t has long
been the practice of the Pension Office after
the filing OF the atidaviis the medical certf
cate and other evidence necessary to complete
the case, to secretly inquire OF postmastcrs and
other persons in regard to the applicant, tho
witnesses. character Of the testimony and va
rions other matters relating to the case. The
claimant and his attorney are never allowed 10
inspect these communications. aud thousands
of cases have thus been delayed aud often dis
allowed on account of the malicious statement
of some person unknown TO the applicant,
which he necessarily could in way rebuff
Such secret inquiry presnpposes that the SOL
diers who fought the battles of their country,
who saved tho Nation in its hour of direst
peril, when the very fabric of this great Re.
public rocked
From turret 10 foundation-stone
arc now seeking to obtain their pensions by
fraud and Misrepresentation.
The imputation is false, and should be re-
moved.
Sec .. That in all claims for pension or increase
OF pension the records of The War or Navy Deiart-
ment showing disabilities to have been incurred or
contracted ia line Of duty shall be conclusive OF
that fact.
sec. 10. That the common-law presumption OF
death, after the lapse of seven years without
or lldlhgs OF the missing person. shall obtain aud
he Of force Ia the administration of the pension
laws; ProUfded, That IL such person shall after
wards be proved 10 be alive, any pension that may
have been granted account of his death shall
theTeupon cease.
Sec. IL Of this bill provides as follows:
That hereafter in the administration Of tho pen-
sion laws, The fact OF marriage may be prima facic
proved by satisfactory evidence That the parties
were Joined ia marriage by some ceremony deemed
by them obligatory habituRliy recognized each
other as husband and wife, aud were so recognized
by their neighbors. and lived together as such up
10 Tie date OF the death of either of them if
soldier, sailor, marine died ia the service Ip To
the dale of enlistment; and the children born of
any marriage 80 proved shall be deemed aud held
for penslonabe purposes. to be Legitimate.
After long argument on the laws of mar
riage, Mr.. Picker continued:
Sec. IL provides that in the administration
of the pension laws the war of the rebellion
shall DO deemed TO have closed July l. 1863
See. - provides that under the act of June
81, 1890, prior service from which the soldier
was not honorably discharged shall not dis