The National tribune. [volume] (Washington, D.C.) 1877-1917, 1897-09-30
PENSION DECISIONS.
Cases Of Interest Disposed of
Favorably.

I
the cases where opportunity was sought to de-
! prive the pensiOner OF his allowance by one OF
| the numerous ways in which the late Admin
istraton became proficient. Steele appealed
OH June 8. 1897, from action dropping him
! from tho rolls on the ground that lie was not
raiably disabled, by disease Of the respiratory
organs, from earning support by manual
labor. Tho pension was drawn under the dis
ability act
The contention was that he had been re-
stored to the rolls from Oct. 9. 1896 at tho same
rate, and for the samo disability for which he
was formerly peDsioned. and that he Is entitled
| to pension for the period hs was dropped tjuly
| L. 1885, to Oct. 9, 1867. he WAS entitled TO
draw pension during said period as shown by
the evidence.
Claimants original application was adjud-
Gated III his favor March 5, 1892. and be was
pensioned at S. per month. On July D, 1892,
he tiled application for moro pension on the
ground that his disabilities had increased and
asked for another med ical examination. In 1893
| he was examined. Two years after, July H.
! 1879. tho Bureau served notice OH him to show
cause why he should not be dropped, as the
med ical evidence on file failed to show he was
entitled to rating under section 2, act Of June
81, 1890.
On Aug. g." says Mr.. Davis, in reviewing
/ the case. claimant forwarded two afidavlts
| which if true and the judgment of the wit
nesses we'll founded tended strongly to show
that the claimant was incapacitated Ills
| name was dropped on evidence furnished by
medical examination Of over two years and
eight months prior to tho action"
On April %, 1897, claimant WAS pensioned
| again at So, after medical examination. for
! disease OF respiratory organs. Dir. Davis says:
1t is evident that had certificate, showing
the condition in 1895 the shown in
| 1896 been before your Bureau. claimants
name would not nave been dropped from the
roll -Si,n ha ci,r pt.
aud there is evidence to show that it was
| less III 1895 than in 1896
Aside from the fact that claimant was en-
! titled 20 another medical examination before
| passing upon the degree of his disability IN
| 1898. | Of the opinion that the evidence
! fanny shows that claimant was ratably disabled
at lie date his dropped from the
| rolls" Steele will be restored.
Mary Hagerty, mother of Richard Hagerty,
| Go. Is, l15th Ind, and Co. {. 1st Ind. ii. A.,
! flied application tor pension under act of June
q. 1890. rejected on the ground of no record
OF soldiers alleged fatal disease of the lungs
| in service. aud claimants declared inability 10
| furnish The necessary evidence to show that
| soldiers death was due to his military service
and line OF duty, or any disability incurred
| therein"
| While there was 90 record or definite evil
! dcmce of origin III service of the disease prior
| soundness well shown, also the fact that lie
soon after discharge, and died i'll less than two
/ years.
| Dir. Davis notes that there was q preteuse
| Of a special examination, but il very im
| perfect. The Special Examiners instead of
! following instructions by trying to testi-
m0hy OF soldiers condition in service aud at
discharge, undertook to dictate how the claim
should be adjudic.ted. Mr.. Davis says the
claim should be placed in the hands OF
! petcnt Examiner, who will endeavor 20 ascer-
| tain all the facts necessary to the proper adiu-
dication of the claim. Meantime the rejection
of the claim is reversed.
| In the of Philip Metzger, Co. c, 10th
| n. Y. the claimant is now pensio ned for injury
TO left hip. On Nov. o. 1886 he fled decara-
ton for increase for the same disability and re-
| suting injury to right shoulder from using
stick in walking to support the lett leg and
side, alleging that lie needs The aid of another
I person in putting on and removing his shoe and
stocking OF left foot Tho claim was rejected
/ Feb. %, 1897, tho alleged injury to right
| shoulder not being accepted by the medical
roferee result Of pensoned cause. Mr..
! Davis's predecessor reversed the action of the
| Bureau, to enable claimant to submit further
| proof. The claim WAS again considered aud
! pension increased To second grade, $50 per
month, for injury to left hip. but the referee
refused TO accept mi u'y to right shoulder as re-
suit of injury TO hip. The case was, therefore,
appealed again.
! Mr.. Davis decides that in this case il is es
| tablished and is not questionable that by
reason of tho pensoncd cause claimant is
totally inca pacitated for per lornance Of mammal
In bor, and it further shows That iroEi this cause
| tthe anchy osed condition of the hip-joint)
| he requires someone 10 put on and take off his
shoes and stockings The only remaining
question to be decided is whether this assistance
! Is such ~ is contemplated by the act of July
| Ia, 1892" The Assistant Secretary cites Mr..
| Reynolds who said in the case of Cyrus q.
| Wheaton: 1t is believed that the law had in
| view those cases in which the need of frequent
and periodical Attendance is continuing and
permanent, and not those in which it exists
| irregular Intervals
In this case" says Mr.. Davis "the aid is
! required twice each day {morning and night
at least and by reason of the swelling of the
| limb. his shoe must be united and tied during
| the day. This, to my mind is not only periodi-
/ cal aid, but also frequent. By reason of the
pcnsioned cause he is totally unable TO perform
manual labor and requires the frequent and
| periodical aid and attendance of another per-
son, and is entitled to the rate of pension pro-
| yided far persons so disabled The action of
| the Bureau Is reversed.
| 1t has been common practice for persons to
put up their certificates as security for debts or
| for loans of money and to pay exorbtant sums
| for the money loaned ;he certificate. All
! pension certificates belong to the Government.
! They are Government property. although the
majority of the shyiocks who take advantage
| of the old soldiers DO not know this. They do
not know that it is illegal to hold one of these
certificates.
| One of the cases cited in connection with
the discoveries of fraud in New York and
| Boston recently was that of soldier in
| New York whose pension certificate entities
| him to $50 every three months The $50 was due
ON Aug i, but IN he did not have his certificate
+ he WAS unable to collect it. In other words he
was unable to execute his voucher. 1t is Gus
tomary, wnen sending out checks in payment
| for pensions, for the Pension Agent TO send a
| blank voucher with the check, the blank
! voucher to be used at the time the next quar-
! terry payment is due. On May 4 one of these
| blank vouchers sent TO the veteran. He
| flied it out, but could not get s. notary public
| who would acknowledge it. because he was un-
able to produce bis pension certificate. That
! was in the possession Of Shy lock; the veteran
! informed the pension authorities, and because
| the man would not give up the certificate he
| was held for trial.
WEEK IN WASHINGTON.