Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-08-25
Important Decision by the Judge Ad-
vocate General.
NO INCREASE FOR CERTAIN CLAIMANTS
The Act of March 2, 1895, is Not
Applicable.
THE REASONS GIVEN

I<ieUtSildHt lLaucHHelueT, lOF the JuuSS
advocate general of the navy, has rendered
an important decision as to the applica-
bility Of the pension act of March 2, 1895.
to the naval pension fund, section 4I5i,
r. S. The decision has been approved by
Acting Secretary Roosevelt.
The case was that of William Bealer,
who enlisted as a ffer in the United States
marine corps in 1917; served until 1850, a
period of thirteen years; was honorably
discharged. In February. 1892, Bealer
made application for relief under section
4757 of the Revised Statutes, and board
amount of s. per month for a period of
five years.
The Amount Increased.
March 2, 1895, the commissioner of PEN
sions, without reference to the Navy De-
partment, increased the pension from s.
to Sc per month, in consequence of the act
of March 2. 1895. which was as follows:
And it is further provided that from
and after the passage of this act, all PEN
sioners now on the rolls, who are PEN
stoned at less than 81 per month, for any
degree of pensonable disability, shall have
their pensions increased TO So per month
and that hereafter, whenever any appli-
cant for pension would, under existing
rates, be entitled to less than S for any
single disability, or several combined dis
abilities, such pensioner shall be rated at
not less than S. per month: Provided also,
mat the provisions hereof shall not be
held to cover any pensiorable period prior
to the passage Of this act, authorize
q re-rating of any claims for any part
of such period, nor prevent the allowance
of lower rates than So per month. accord
ing to the existing practice in the pension
office in pending cases covering any pen
sionable period prior to the pass age of this
act"
Application for Renewal.
The period of five years, during which
relief was granted in Dealers case, having
expired on February D. 1897, the beneficiary
made application for Il renewal, which ap-
plication having been. in due course, acted
upon by a board of officers and approved
by the Secretary of the Navy, was trans
mitted to the commissioner of pensions. In
granting the renewal the Secretary OF the
Navy, not having been advised of he in
crease made by the bureau of pensions,
certified the amount of relief as recon-
mended by the board at $50 per month for
a period of five years" The commissioner
of pensions thereupon, May II, 1897, return
ed the case to the Secretary of the Navy,
with the request that he state whether the
penSioner is entitled to receive the benefit
of the act of March 2, 1885, relative to in
crease of pensions less than 81 to he rate
of St per month.
The judge advocate generals office in
rendering the decision, says it is a different
question, because of the broad terms Of
the act quoted. Various decisions apper-
tanning to the subject are quoted, and then
the naval pension fund section is given. 1t
is as follows:
Every disabled person who has served
in the navy or marine corps as an en-
listed man for a period of not less than ten
years, and not been discharged for mis-
conduct, may apply to the Secretary of
4 q for ofd frovy ~
of the naval pension fund, and the Sec
rotary of the Navy is authorized to con-
vene board of not less than three naval
officers, one of whom shall be a surgeon,
plicant, and 70 recommend suitable
amount for his relief, and for a specified
time and upon the approval Of such
recommendation by the Secretary of the
Navy, and certificate thereof to the COM
missioner Of pensions. the amount shall
be paid In the same manner as is provided
in the preceding section for the payment to
persons disabled by long service in the
navy; but no allowance SO made shall ex-
coed the rate of a pension for full dis
ABILITY corresponding to the grade of the
applicant, nor. If in addition to a pension,
exceed one-fourth the rate of such pen
sion.'
The Section Analysed.
In analyZing this section with reference
to the question under consideration, the
First. That faithful service for ten years
at least, and present disability, are the
conditions upon which aid is granted.
Second. That the disability need not be
incurred in the line of duty, point of diff
ference from an ordinary pension.
Third. That the amount paid to bene-
fciary under section 4757 is specifically
referred to as aid relief and an allow
ance.'
Fourth. That such aid is to be granted,
not from any money in the treasury not
otherwise appropriated, as in the case of
ordinary pensions, but from a special
fund: Le., from the surplus income of the
naval pension fund.
Fifth. That the application for such aid
is Lot to be made to the commissioner CT
pensions, but to the Secretary of the NAVY
Sixth. That the amount Of pension al
lowed is not to be determined by the ma
chinery created for the administration of
the general pension laws but is to be fixed
by board of three naval officers.
Seventh. That the aid or relief is to be
granted for specified time only, and not
permanently. as in the case of regular
pension.
Eighth. That such an allowance may be
in addition to a pension" in which case
it shall not exceed one-fourth the rate of
such pension
These particulars are entered into be-
cause the direct question presented to the
department for determination is whether or
Hot Il 6chci al ACT ItldtlHS TO pensions. the
act of March 2, 1895, hereinbefore quoted.
Is applicable to the special sort of pen
sions provided for by section 4757. The
points Of difference between the laid ire
lief or allowance granted to a pen
sioner under that section and a regular
pension are so many and so clear as to
justify the theory that these two sections
are in the nature Of isolated legislation,
and in some cases may and in other cases
may not be embraced within the purview
of any general pension enactment-whethe
so embraced or not being dependent on
circumstances.
Against the Increase.
The conclusion of the decision is as fol-
lows
Because of their separation from the
body Of pension legislation, it seems in
trinsically unlikely that allowances granted
Under sections 1867 were within the con-
temptation Of Congress at the time the act
OF March 2. 1896. was passed. That act
explicitly refers to all pensioners now on
the rolls and speaks of degrees of PEN
sionable disability and existing rater.
THESE terms have relation to provisions to
be found in the general pension laws but
are not strictly applicable to the methods
CT granting aid prescribed by section 4757,
in which the amount of the pension or