The National tribune. [volume] (Washington, D.C.) 1877-1917, 1897-08-19
PENSION DECISIONS
Cases of Interest Disposed Of
by MI. Davis

Former becs>tohs- atrhess A>SPSSANS
Noticeable i'm Two Instances Work oil
the Pension ONCE.
A case ont of the ordinary decided favorably
bv Assistant Secretary Webster Davis last
week. was that al stephen A. Harper, Co. L.
Id XIV whose clam was for pension under
the general law Tor typhoid fever, burn OF lett
foot rheumatism and deafness.
he alleged in his declaration that while in
the service and line OF duty at Somerset. KY,
in November, 1861, be WAS taken i'll with
typhoid fever and While in bed the bed took
fire and be was unable to get away. His left
foot and leg were burned and the latter SUBJ ect
20 running sores since, produced by the
burning. The claim was rejected on April 20,
1855, on the ground of no record or competent
testimony that either of claimants legs were
affected from results of fever, or that he re-
ceiyed burn of the foot in the service or in line
of duty. Another claim was also rejected May
10 1926, on the ground that the rheumatism
and impaired hearing alleged was not estab-
lishe6 by the evidence Appeal was entered on
Ills claim.
1t seems that the way Harper was burnt was
by hot rocks being placed at his feet to restore
warmth and the bedding took fire.
Mr. Davis and concludes that service origin OF
fever and burn mas been fully established by the
evidence Since origin of rheumatism and DEAL
ness had not been alleged prior 10 certain
srecial examination in 1886. and as the evil
deuce now stands, IT cannot be admitted, Mr..
Davis SAWS the action of April % 1855, was IN
error and he suggests that the claim be re-
opened for the purpose OF affording the appellant
further opportunity to ble testimony showing
the origin of the rheumatism aud deafness in
the service.
In the case of William Featherly, Co. d,
61st n. Y. the Assistant Secretary reversed
the former decision. Featherly filed claim
under the act of June ~, 1890, on June %,
1891 alleging loss of first three fingers of night
hand and broken thumb, loss of sense OF smell,
and heart trouble. The claim was rejected on
the ground that ratable disability had been
shown under the act.
The claimant contended that he was entitled
to rating under ruling of the Commissioner
of Pensions OF July IL, 1898. Under date OF
Aug Is 1894 the action OF the Bureau was
affirmed, the Department holding that while
claimant WAS shown TO TOO disabled in his right
hand, yet the evidence failed to show that he
was thereby incalsoltated Tor earning sup
port in whole or in part by manual labor.
Mr.. Davis remarks that the appellant is q
stoDemason, a,d from the condition of his hand
1T is evident lie cannot grasp the tools OF his
trade, and heHce cannot support himself by
working at III. IN Nl0W Oh tue iaCt tHat Ne is
about 90 years old, 1t is not probable that he
could learn some other trade by which he could
earn q support at his time of life. Under a
lust and reasonable Interpretation of the act
of June 81, 1880" says Mr. Davis the claim
ant is entitled to a rating under that act. The
Departmental action Of Aug. is. 1894, is recon-
siGered, and the action of the Bureau rejecting
the claim for the reasons stated is reversed"
The case is returned for resdjudication and
allowance under the act referred to, and on
account of said injury to right hand, resffirn-
ing Departmental decision Ia case OF Chas.
Stone, March IL. 1897.
William ii. Grifiis Co. II, 10th Tenn. Cav.
On Feb. 4, 1852. claimed pension on account of
paralysis q result of measles alleged TO have
been incurred in service, and the claim was
legally approved May "a 1894, for admission
as partial paralysis" but rejected June f.
1884, on the grouno OF no ratabie disability.
Claimant, in appealing, contended that the al
lowauce of pension under the act Of June q,
1890. on account OF paralysis was inconsistent
with the rejection of the claim, and that the
rejection was erroneous in fact.
The Medical Referee declared that the pen.
sioner has paralysis, but il was due to injury
OF right arm from falling from horse, accord
ing 10 claimants statement to the Surgeons
who examined him May q. 1856; not to measles
&c alleged in the declaration.
The legal approval of This claim for partial
paralysis" Mr.. Davis says. docs not indicate
-,
ever. evidence to show injury was re-
ceiyed in service as alleged, the afiidavits re-
lating solely 10 the measles. The allegation
as to injury has not, therefore, been adjudi-
Gated" As the legal approval ob its face covers
that allegation as well the one originally
made. the Assistant Secretary thinks it would
be better to readjudicate the whole case SO as
20 include the alleged mi airy possible cause
Of the paralysis found to exist.
The claim, on the whole" Mr.. Davis very
justly says, - is manifestly for paralysis of
service origin, to whatever cause in service il
may have been due. The fact that there are
two separate causes alleged goes rather to
credibiliiy and weight of evidence than to
jurisdiction" The case WAS returned for re-
adjudication.
BIZ. Davis returned to the Bureau the case of
Thomas Smith, 20. j, Is; Cal, for further con-
sideration III connection with the decision in
tie OF Francis Frank, Co. II, 10th Mich
he case was similar. The medi cal opinion
was rendered prior 10 date of the decision re-
ferrcd to, in which it was held that unless the
claimant possessed an unusual amount of vigor
lie should receive at least The minimum rating.
Smith WIS shown TO be 60 years old. and the
Medical Examiners cert fcate seemed 10 iudi-
cate that lie was partially ineapactated for
performance Of manual labor The claim is to
De reaojudicated IN accordance with the views
expressed IN The Frank decision.
The Interior Department has just issued
comprehensive dgest OF official opinions and
oocislCus relating 10 pensions and bounty lands,
prepared under the supervision of former As
Bistant Secretary J. n. Reynolds IL embraces
leading decisions on these subjects extending
from the organization OF the pension system TO
the present time, and includes decisions by the
War aud Interior Departments. as well of
ACKNOWLEDGEMENT and tie judicial holdings of
the United States Supreme Court and the Court
of Claims. The principal labor on the big
digest was performed by J. W. Bixler and ". L.
Gritty, Of the Board Of Pension Appeals. to-
gether with Capt. L. y. Hail and A. E. Rowel
Of the Board. aud ". 7. Person Acting CHIEF
OF tie Pension Affairs Division.
The report of certificates issued for the week
ending Aug. il shows
Army invalid: Origina', Il; increase and
additional, li6; reissue, 40; restoration aud
renewal, 20; duplicate. 10; accrued, I34; total,
Ga
army invalid TACT June q, 1890: Original
SIC; increase. 50; additional 80: reissue. s;
restoration, 10: renewal. ] f: supplemental 3;
duplicate % accrued. la8: total 9I7.
Army widow, etc: Original, Jog: increase
and additional i restoration and renewal ] /.
suPpementais, i; duplicate z; accrued. /;
tOtal, liz.
Army widow, etc TACT June q, Is9Ol: origi.
mai, 3V7; reissue renewal. ] supplementals.
q; duplicate D accrued. 2; total, 800.
Navy invalid: Original 8; increase, q; res.
toration and renewal, 2; accrued, L. reissue,