The times., 1897-08-22
AN IMPORTANT DECISION
Rule Laid Down in Pension Case of
Mary A. Cox Reaflirmed.
VIII Result in Favorable Consiaeri-
tion of Many Claims Rejected
Under Last Administrations.

Assistant Secretary Webster Davis, of
the Interior Department, rendered an i'm
portant decision yesterday, reaffirming
decision rendered January IL, 1890. by
sion Decisions, 313), in the pension claim
of Mary Cox, widow, wherein it was
held that where the evidence, lay and
medical. goes to show that the cause for
which pension was granted was com
plicated with a disease which was the i'm
mediate cause of the soldiers death the
department will sustain the widows eli:in
for pension on account of tue soidi-rs
death from said complication OF canses i,
holding the same, for pensonable pir-
poses, TO be due To the lihe of duty in the
service"
1t seems that this rule, as laid down by
Assistant Secretary Bussey, governed tIe
action of the Pension Bureau in adjudi-
eating pension claims of this nature until
during the last Administration, IL beca ae
practically ignored or WAS medically dis
regarded under the theory that 1t had
been, in effect, superseded or measurably
revoked by decisions in the cases Of Ernest
3ierhaum and Alma Neidhammer tvols.
and 8, Pension Decisions, pages IL and
276, respectively
Tie matter WAS called to the attention
of the department through Dr. Raub, the
present medical referee, who desir ed an eN-
| preston OF departmentalop opinion affecting
a pending case, n which he stated as foi
| lows:
''All the testimony furnished in this case
has been carefully considered in connection
with the papers heretofore filed, including
evidence obtained by special examination
The soldier vas pensioned for rheuina-
tisin ana resulting disease of heart 1t ap-
pears that death was due to suppuratiyc
disease Of lungs, ana that disease of heart
| was also present.
1T is not medically established that there
WAS pathological connection between the
lung lesion and the heart affection, al
| though ii may be admitted that both were
/ factors in the death cause, yet the former.
! disease of lungs, was the most prominent
1T is u ell-esta blished theory that the
/ existence Of disease of heart seriously com
| plicates any lung lesion, and If we can
/ be authorize d to admit this class Of
1 cases it is believed that justice viii be
| done 20 many claimants, whose cases
/ would be rejected If we adhere TO the re
4 Qlirement OF a strictly pathological coh-
| nection between the fatal disease and the
disability of service origin
! Assistant Secretary Davis holds that he
decision in the case OF Mary A. Cox fully
meets the issue. presented by Metlical
| Referee Raub, and that tins decision Lays
down a proper rule for the guidance of
the pension bureau. Summing up the cIise
Assistant Secretary Davis says:
Careful analysis of the departmental
decisions in the cited cases OF EieTba,m
ana NiedhaInner ana the und enying prin-
ciples Of the same does not disclose any
material Conflict with the decision III
the cited case of Mary A. Cox. or its
raderlyiilg principles. The Conclusions at
tending these cases all depend upon and
are characterized by different states of
fact and it does not appear that the de
cisioD in the cited case OF Mary a. Cox
has been in anywise amended, qualified,
questioned, recalled, or annuled by otter
| or contrary decisions.
| Il am of the opinion that the rule
laid down by Assistant Secretary BusseJ
in the case or Mary A. Cox is based
upon reason and good Judgment, and is
in arcord with that long and UNMARRIED
holding Of the department that the pen.
| sion laws should be construed in the
| liberal and generous spirit which prompted
their enactment and where doubts canno
bercsolved by evidence, presumption should
incline toward claimant
| IF 1T be necessary, therefore. to re
affirm the departmental decision In tn,
cited case OF Mary A. Cox, and the rule
laid down therein by Assistant Secretarl
Bussey, the same is hereby reaffirmed
and the action OF your bureau should be
governed accordingly in cognate cases.