The National tribune., 1897-09-23
PENSION DECISIONS
Cases of Interest Disposed Of
Favorably

One Relates to the Emergency Militia, and
Rendered by MIR. Reynoids-Mr.
Davis Sufficiency OF Evidence-Actions
Reversed.
decision Of Importance rendered by Assist
ant Secretary John NJ. Reynolds, under date OF
Mny %, last, shortly before the expiration OF
his term, has just been promulgated by the In
terror Department The case in point was that
OF William Bico. who fled application under
tho act Of June 81 1890, alleging service in Co.
F, 46th Pa. Emergency Militia, and Co. II, l49th
Pa, during the rebellion.
Tho clain WAS rejected Nov. 81. 1895. on the
ground of no title. claimant not having served
80 days in tho United States military service,
the service in the Emergency Militia not being
recognized as reasonable, and the claimant not
having had 80 days service in the l49th IA.
From this action appeal was taken. Mr.. Key.
nolds says: "On the contention that both
services should he counted in appellants favor
in calculating tho length of his service, and AZ
the two together amountto more than ~ days.
pension should DO granted him under said act"
The debarmeut of Pennsylvania Emergency
Militia under the act of June 81. 1890. has been
sanctioned by decisions, Mr.. Reynolds says,
which have construed the act as intended only
tor tho benefit OF soldiers and sailors who en-
listed and served in the regularly organized
forces Of the Army, Navy and Marine Corps of
served in an Irregular organization not part
Of those men tioned. or in 3 capacity not recoK-
nzsd IS strictly within the military or naval
establishment of the United States. A careful
reading Of these decisions. continues Mr.. Rey-
nolds, will reveal that the chief reason for
denying pension under the first subdivision OF
| Section 1888. Revised Statutes, is that they are
not shown by the records of the War and Navy
Departments to have been regularly enlisted
into the Army or Navy. Being pcnsionable, IL
at ALL only by virtue of some OF the other sukd-
visions. they are excluded from the BENEFITS OF
the arst subdivision aud likewise of tho act OF
Juno 81, 1890.
If, then. the Pennsylvania Emergency
Militia were only irregular organizations not
pensionnblo under the first subdivision of SEQ
ton 1858. neither are they pcnsionabe under
the act Of June 81, $780," But these orRanlza-
tions were held by certain decisions to be
part OF tho army for such time as they were
| serving under command of United States OH
| GERS. in response to the call OF the President
and tho mem bers are psusionable for disability
contracted while so serving. And, being thus
pensiOuable, they are also pensionabis under
ihs act Of June q, 1890, If they otherwise met
the requirements of TINT act.
1t becomes necessary to inquire into evidence
regarding the length of his service and the ma
turc Of his discharge. This service in the 18th
Pa. Emergency Militia not Of sufficient
length, and the question, tho decision says, 10
whether this period. rs conianded. should DO
added to that in the 149th Pa. to make the ss-
| ssntial lensth-90 days or more.
There seems no good reason why this
should not be done," says Mr.. Reynolds.
The contention may therefore be sustained
So, touching the discharge necessary to be
| shown. it seems only requisite that the final
| discharge, a. well rs all others. from service
| during the Of the rebellion, covering tho
essential period, shall be honorable; that the
| separation from the service shall be complete
| with no faint Of deserving or dismissal. The
records show that his discharge was formal
and honorable.
But it is contended that the records OF the
! War Department do not show any discharge ut
| all from the Emergency Militia, and so the
claimant is not entitled under the act In con-
| travention it seems sufficient TO point OUT
says Mr.. REYNOLDS, THAT this organization
was recognized as part of the army of the
| United States, for the period stated. and that
| the peculiar conditions under which it was
received into aud released from that army
| obviated the necessity for enlistment and dis
| charge in the usual manner. In this view.
then, am OF the opinion that the service OF
! the claimant in the 10Th Pa. Emergency
Militia for the time he was serving under the
call Of tho President should be counted IN
making up tho period of his United States
service, and MS this ssryics when added to the
service in the l49th Pa covers period OF
more than 80 days, no would be entitled to
pension under the act of June n, 1890. the
other requirements of the act being met"
Assistant Secretary Davis, in deciding the
case Of Charles Engieman, emphasizes decis-
ion Of Secretary Teller, rs to sulficiency of evil
dence. The appellant filed claim for pension
under the general law. alleging disability as
result OF rheumatism. Tho claim was re-
jected based on four certificates of medical ex-
animation which failed to show any disability
| FROM the alleged cause since fling OF the claim.
In response to a request from the Assistant Sec
retary To the Medical Referee. rs to whether the
reflections were proper, an opinion was ex-
pressed April Is, 1897, in effect that inasmuch
! as the certificates OF medical examination had
| failed to show q ratabls degree Of disability
| from rheumatism, tho action OF rejection was
proper
The case was returned by the Assistant Sec
| rotary tor further report of the Medical Ksf-
cree and his opinion whether, in view of the
record evidence Of rheumatism in service and
| the medical evidence of continuance, rheu-
matiam in pcnsionable degree might not
exist without manifestinx any objective signs.
| The Medical Referee said that whie the certifi-
Gates Of examination do not describe any OBJ
jective signs Of rheumatism, the medical testi.
mony shows that the claimant has suffered
| since filing claim from repeated attacks OF
| rheumatism In view OF the nature of the dis
| ease which docs not ways manifest itself by
organic changes. medical examination would
not reveal ita existence. In accordance with
the opinion in the Douglass case. this claim is
adj HE. if there be no legal objection"
Dir. Davis then remarks: =" 1t was held by
Secretary Teller in the of John Douglass
that when the evidence presented by IL claim
| ant is sufficient to satisfy the mind of u candid
and impartial person that pensonabe disa-
| biity from some obscure cause (such as rheu-
matisnl, neuralgia. Inyalgia, or angina pectoris)
III sal Qtn cnff hp
discovered by the Examining Surgeons, PEN
sion should be allowed at a rate propOrtionate
to the degree Of disability proved. In harmony
with said decision, l am of the opinion that the
action appealed from should be reversed, and
it is accordingly SO ordered"
WEEK IN WASHINGTON.
| Events of General Interest in the National
| Capital.
| TUESDAY, SEPT. H.-Justce Cox, OF the Dis
trict Supreme Court dismissed the bill of
cnmpiaint of John g. Wood SUPERINTENDENT