The National tribune., 1897-10-21
PENSION DECISIONS.
Cases of Interest Disposed Of
by Mr.. Davis.

In the case of Hilia Aan. widow of Iaban
Connor, Co. +, 9th Mich. tho action rejecting
the claim was affirmed. The ground OF rsjec-
lion was that the soldier was never IN the
service Of the United States, he having been
pensioBed by special act. Bus it was contended
that, as Congress and the President recognized
her husband IS having been in the service OF
the United States. by the passase tJuly %.
1892 of the special act granting him pension
for injury received in action, they having de-
rived their information from the evidence Ia
the case. and soldier having died from said in
jury. the widow should he pensoned.
1t appears from a War Department. report
that claimants husband joined the regiment as
u recruit March Z, 1864. and assigned to Go. f.
hut descriptive list was ever received by
the regi ment showing his enlistment aud mus
ser-In; anll by order of Gen. Wilcox. July q.
1854. ho was set at-dborsy and furnished pass
10 Detroit, for the reason that there vas no
evidence of his enlistment or muster into
service While he did duty in tho company,
vas psd one months pay and $50 bounty IN
advance the War Departments holds that ne
WAS never legally in the United States military
service.
This being the case" says Mr.. Davis, your
Bureau properly rejected the widows claim
under tho general pension law. This IS .
proper case for Congress TO consider. 20 whom
the applicant shouIdappiy for relief"
As little pointer on pension practice, ths
action of Mr.. Davis in the case Of Mary Grey,
formerly widow of William III. Moore. Co. a.
2Stn Ill, may be cited. The clan was re-
jected after special examination held under
the former administration, upon the ground
that soldiers fatal dissase of lungs was not the
result of his military service.
An appeal was fled, based on the allegation
that the special examination WAS nOs held
pursuant to law aud the regulations and prac-
Z, c.. e.
msde that the Examiner would not allow claim
ans 10 bring witnesses she desired TO be aIzm-
ined tina, he would not allow her attorney TO
be present and ad gise with heE. O,ber gen
eral charges Of injustice On the part OF the
Examiner were alleged, and rebeaEing asked
for the claim.
Mr.. Davis says: 1T has been the universal
and, ] may add. proper practice of the Depart
ment, when any issue is raised concerning the
adjudication OF pension claim, TO refrain from
passing upon said issue until the ruling OF the
Commissioner of Pensions mas been had thereon,
until some act has bssn dove 6y that
official from which it may be concluded that he
acqniesces in that part of the Adjudication
complained OF. l cannot discover that the
Commissioner has in any way given the issue
raised in the appeal any consideration. or his
ruling requested. Such issHs should be present.
sd to that official in proper manner, and such
alleged facts be laid before him a. will enable
him to render decision. When such action
sss been taken by him, j. will be n final action
contemplated by Rule l, First Division, Rules
of Practice in Pension Cases, and an appeal
from snch will lie TO the Secretary"
A decision as to attorneys rights was made
in case just ruled upon. Mr. Davis holds
that where an attorney files declaration in
response to call from the Pension Bureau, even
though such declaration, after having been
| fled il subsequently, deemed immaterial by
the Bureau, tie service is such as should entitle
| him 10 fees. THE basis of this is that it Is IN
| ompIiauee with the Bureaus requirement.,
| and refusal would constitute neglect, 1t being
beyond the province of an attorney to deter
mine whether the declaration is necessary or
unnecessary, or essential to the further prosecu-
| tion of the claim.
Clark Graves, of Monroyia, Morgan County,
| Ind, some time ago applied for a pension under
| the disability act. He was examined and re-
| ported afflicted with rheumatism, and pen.
sion of $40 month allowed, dating back three
years. Subsequently, Graves drew 1850 in a
| lump sum. Recently, Commissioner Evans re-
ceived a letter from Graves, inclosIng $3.50 and
| stating that as he did not have chronic rheu-
matism, he did not believe he was entitled to the
money he had drawn, and therefore returned
the sum- withholding $40 for expenses. He
believed, however, that as an old soldier he wa:
| entitled to something, and he therefore made
application for pension of S6 month under
the general law. The $3.50 has been turned
into the Treasury and his new application fol
q pension will be considered later.