The National tribune. [volume] (Washington, D.C.) 1877-1917, 1897-09-16
PENSION DECISIONS
Cases Of Interest Disposed of
by MIR. Davis.

In the claim of Mason w. Page, 5th battery.
| Mass. L. A.. the appellant was in receipt Of So
| a month on account of disability from gun
| shot wound and resulting disease OF lungs, when
on Nov 27 1888 he filed claim for additional
pension. i'll which he alleged disability from
other injuries incurred on fields OF battle. These
included deafness and injury to second finger
| of left hand He was allowed the rate of SIT
| from Nov. q, 1883. for disability from gun
shot wound and resulting disease of lungs, ln-
| jury of left hand, aud the other injury. After
| further prosecution, on Jan. IL, 1894. certlfi-
cate was issued to allow pension of Sl7 a month
| for all the former disabilities claimed aud that
| of total deafness of left ear and slight deaf
ness of right ear 1t was held by the Medical
| Referee that the disability form all causes, con-
| sidered together, was equal 10 lT-l8 of the dis
| ability caused by the loss of a nand or foot,
and that the disability form deafness, cousid-
cred by itself, was snch as TO entitie the PEN
sioner 10 rating of 10 80 under the act of Aug.
%, 1858. 1t was further held by him that the
rate for the disability from all causes should
not exceed l7-1S of the divisible third grade.
This" says Mr.. Davis, was in effect the
denial of any pension whatever for the dis
| ability from deafness. Pensoner died Sept.
| %, 1893, and the pension allowed by certificate
of Jan. II, 1894 paid the widow, who appealed
| for reconsideration. "Conceding that the pen
| sioner was disabled 10 17-1S of the degree that
is caused by the loss of hand or foot says
the Assistant Secretary, an increase OF his
disability to the extent of LIS of that degree
would bring his case within the provisions OF
the law of March 3, 1883, allowing S24 per
month for disability equivalent TO the loss of
a hand or foot. 1t is true that the pensioner is
not entitled to a rating made up of the ratings
for disability from several causes considered
separately. 1t is the combined effect of the
several causes of disability which is to be cou-
sidered.
If the pensioner in this case had not been
disabled by other cause than deafness, he would
have been entitled under the adjustment OF
his claim, set forth in the brief of the ease, to
pension of Sl5 per month for deafness alone.
But being already disabled by other causes,
the question TO be considered is, How much
further was his disability for the performance
of manual labor increased in consequence of
his deafness?
- Total deafness of one ear and slight deaf
ness of the other" Mr.. Davis continues. lis
serions disability for the performance OF many
kinds Of manual labor. 1t is believed that by
the disability from this cause, considered IN
connection with The disability from the other
causes account of which the pension was
previously allowed, the pensioner was disabled
10 tie same degree that he would have been by
the loss OF hand or foot, and therefore
tilted 10 The rate of pension provided Tor dis
ability OF that degree. The former decision IS
receded from" The case will be readjudi-
Gated
Frcm this the principle is set forth shat
when pensi0ncr is properly in receipt Of
pension for ILLS OF the divisible third grade,
amy cause incurred i'll the line OF duty by
W n:cii his disability is Increased lis of said
grade, entities him 10 the rate of S2i per month
under the act of March 3 1853.
IN another case i'll which there was reversal
OF the former decision the claimant on July 3,
1880, asked pension under act Of June 81, 1890,
ana 1t was allowed at So. Afterwards it was
found that he had been dshonorabiy discharged
Blaich -, 1861, from the Regular Army for de-
seItIoH toiore the enlistment under which he
served in a California regiment. Pensioner
was dropped from tile pension rolls Sept. 20,
1896, on the ground that he was not honorably
discharged from the whole period of his service
during the war OF the rebellion. Appeal was
taken.
MT. Davis says the honorable discharge re-
CURED hy the Gct Of June u, 1890, :" is an honor
able discharge from the organization or organ-
nations i'll which service was rendered during
the war oil the rebellion. He was absent in
confinement from March 8, 1860, until his dis
charge by sentence of general court-martial,
March -, 1861.
" 1t has been held that the period duSing
w!lch soldier iii confinement at hard
labor under the sentence OF general court
martial, with loss OF pay and allowances duo
aud osbecome due, could not be taken into
calculation IN determining the period Of his
service under the act of June 27, 1890 (claim
OF George w. Feck)" Mr.. Davis says the
claimant was Ia circumstances during The
pefiod OF confinement under which lie was not
required to render any military service. 1t
C.-hnot DC held that as Il member OF Co. ID, 9Th
l.. =, lie served" during the war of the re-
bell;op. " Ii he had been dishonorably dis
ehaised from the Regular Army on or before
March 8, 1861, 40 question in regard to his
right to pension under act of June q, 1890,
would have arisen. He had. however, as litbls
connection, under his enlistment in The Regular
Army, With the war Of the rebellion, as if he
had been discharged before March a, 1861.
lie Was honoFaDly discharged from the organ-
zatlon IN whlcii lie rendered all the service
rendered by him during the war OF the rebel
iion. The conditions giving title to pension
| under act oil June "a, 1880, were fulfilled IN
this case"
case in which something Of tragedy may
| be traced was that Of the alleged widow OF
james Ferguson, Co. A. 9th Onio The claim,
filed under act OF June y, 1880 was rejected
lii March. 1891, on the ground that il was not
shown that she WAS the legal widow OF the sol
dier. Assistant Secretary Reynolds affirmed
that decision. Claimant bad been married to
one William Thompson prior 10 her marriage
10 The soldier IN 1853 The evidence shows
that Thompson went TO California ia 1880, and
that no positive or reliable Information has
been received since that year There was re-
port that ms lie had been ended bya vigilance
committee IN Placer County Cal. III 1851 aud
q letter 10 the claimant from resident OF Lake
County gave description of the man who 50
died that caused the vile TO believe the man
va, her first husband.
ms and other circumstances about the case
made Assistant Secretary DAVIS decide that the
rejection OF tHe claim was premature, and he has
ordered "a further special examination so as at
least 10 develop facts from which Thompson's
death prior 10 claimants second marriage can
! be presumed
George X. Estcrbrook, 20. ID, 9th Mich,
whose case Involved a reduction of pension,
may get the former rate restored. Under act
Of June ~ 1890 EsterbroOk, on April 90, 1891,
| nation held Fen. IL, 1891. On Feb. y, 1891,
the rate was reduced To 50 per month pen
stoned cause, 10 other raIable disability being
shown. 1t was conteuded by the claimant III
appealing Mat 10 WAS reduced without further
medical examination. Mr. Davis quotes one of
Mr.. Rcynoids's own rulings In the of w.
l.. Huise, very similar TO this one, which read
am decidedly OF the opinion That peusioner
was entitled TO another med zeal examination
before action sts taken reducing hls rate of
pension, and for This reason thai action IS
versed," etc. Mr.. Davis, therefore, reverses
the decision in the present case, and the
Will be rcadjudicatej.
The report OF certificates issued for the week
ending Sept. IL shows
Army invalid Original, 62; increase and