The National tribune., 1897-08-05
NEW RULINGS MADE.
Some Desired Changes in Pen
sion Practice.


would be the case, the Assistant Secretary
the Interior has issued a decision revising tn
rules governing the adjudication OF pensioi
claims under the second section OF the act 0
June q. 1890. 1t had been complained 10
sometime that the rules existing hampered th
prosecution OF just claims, aud rendered tn
proper administration OF the law difficult Mr.
Davis sets forth his views at length and make
MANY changes. The revision is in the form o
a letter to Commissioner Evans, and is as fol
lows:
SIR: / have considered your suggestion
relative to a mod fcation of the rules govern
ing the adjudication of claims arising under
the second section of the act of June y, 1890
1t is represented to me that the present rules
by reason of techLicaiities, necessitate an un'
economical distribution of the clerical force al
your command and in other Ways render the
administration of the law difficult aud EN-.
barrassing.
Alter a careful exam ination o. the various
enactments of law that go TO make up the
pension system, / cannot think il was the in
tention of Congress TO hedge their administra-
tiOn with the difficulties and pitfalls of any
system of special pieadings, the technicalities
and rcfncmeuts OF which may ieEd 10 practi-
cal defeat OF the benevolent and intended TO be
extended to the soldiers of the Republic.
The pension law is essentially . law SUI
Geaeris and while proceeding bad hereunder,
when not expressly regulated by statute, may
draw 10 itself the aid OF certain canons of law
ana rules OF evidence, yet the very nature of
cases arising under this law forbds that strict
ness and techuicalIty that attend upon regular
court proceedings.
Here, the viii Of the Legislature being ascer-
tained. the attendant proceedings should be
as simple as possible. ! multitude OF rules
tends 10 confusion, and the WAY of the claim
ant should not he hedged about with amy diff
guilty that can be avoided.
The act of June q, 1890, provides that pen
sion hereunder shall commence from the
date OF the filing Of the application in the Pen
sion Oihce, after the passage OF this act, upon
proof that the disability then existed :" so that
application must be made ia order to receive a
pension under this act
In its terms this law declares that all persons
who served 80 days or more in the military or
naval service of the United States during the
late war of the rebellion,
And who have been Bonorably discharged
thereirom,
And who are now, or who may hereafter be.
suffering from mental or physical disability,
OF a permanent character, not tie result of
their own vicious habits,
Which incapscitates them from the perform
ance of manual labor in such degree as to
render them unable to earn a support.
Shall, upon making due proof of the fact,
according 10 such rules and regulations as the
Secretary of the Interior may provide. he placed
upon the list OF invalid pensioners. etc.
Although the Statute has clearly indicated
the conditions precedent to title under jhis
law, yet il is silent az 10 the form of the appi-
cation. 1T has however, conferred upon the
Secretary of the Interior the power to make
rules by which due proof" shall be made of
the facts required to be established, liz order
TO draw to the applicant the benefits of the
Statute, and this power, / take il, includes
authority To prescribe what small constitute an
application within the meaning aud intent
of tie law.
Alter a careful consideration of the whole
matter have concluded hat faithful com
pliaRce with the following rules" will obviate
the difficulties complained OF and furu ish
safe, speedy and uniform system OF adiudica-
ting claims that arise under the second section
OF the act Of July q. 1890, namely:
]. Every application Tor pension under the
secoEd section of the act OF June u, 1890
should state that the same is made under said
act, the dates Of enlistment and discharge the
name or nature Of the diseases. wounds or
injuries by which the claimant is disabled and
that they are not due 10 vicious habits: Pro-
viGed, however, that the omission OF any of
these averments shall Est invaldate the appli-
cation 1.-THE intent To claim pension being maui-
TEST aid the declaration being executed in
accordance with law but such application
shall be subject to amendment by means OF a
supplemental affidavit in the particulars
wherein il is defective; said supplemental afi-
oavlt, or afidayits, 10 be read in connection
with and as part Of the application itself:
And provided further, that a declarai ion in the
terms OF the act shall be sufficient.
Z. Should the paper filed fail to show upon
Its face with certainty that il is intended as a
claim for the benefits of the act Of June 27
lS90. the Claimant may make IL certain by
raaa f,f L.
be read in connection with and as part of the
original application.
B. Should the medical examination disclose
the existence OF any disease, wound or injury
not alleged ln the original or amendatory an
plication, which j. factor in the applicants
lnaoiaity 10 earn . support by manual labor
the claimant shall be called upon to state. under
OATH the time. place and circums, ances when.
where and under which such wound or injury
was received, or disease contracted and
whether IL was In any manner caused by
vicious habits.
g. Should the wound injury or disease not
epeciaed IN the original ainendaioty decla-
ration, but discovered medical Examination
be shown TO have exis;esi al the time hen the
original declaration was fled and II is found
nos - be due 10 vicious habits il shall be taken
into account, tue sasle II formally specified
lD the orig application, ln estimating the
degree OF The permanent mental or physical
disability 10 which it contributes
Should IL be found, however not to have ex-
listed a. the time when the original apiy !rztiou
was hled, but from a subsequent date ,rior to
medical examination, the Gegree of the disa-
biiiiy Of the applicant being below the maxi.
mum rallHg, may be Increased accordingly
from The Gate shen such wound or injury was 4
incurred OF disease contracted p-oy,ded The
degree Of disability from all contr;butorv
causes IS thereby enhanced to = sufficient eT
tent toJGsiI'y higher rating
Shoui. Il be found impossible to FIX tbeoxact
date when such wound or injury was received
or disease contracted, tie higher rating shall
commence from tue date Of the certificate al
medical examination showing its existence
,. Vicious ha5itS-A liberal and reasonable
rule IA regard 10 the proof AS TO "yic;ous
habits Was aid down by the Depart nlerIt i'm
the case oi john MarlIn Z 7. d.. D. 57sl
aud the same - hereby affirmed Provided.
however, thai where the nature Of the disease
wound or injury Is such as To show that IL is /
rot due 10 vicious habits, the Commissioner of
Pensions may, IN his discretion. accent Ihe
sworn statement Of the applicant as sufficient.
.. oFislna! pension having beea allowed I
any subsequent Increase OF tetsiou n,ust b.,
based on the fact that there i increased in !
chpachatloh ioi earning sapport by manual /
IaoOf' and must be aeIGdirsted so far :is com. 4
meneement OF The Increased rate is concerned \
rrder Section S69e3, Revised Statutes of the
United States
Z. All former rules and decisions in conaict
herewith are hereby set aside
NEBsTER DAVIS
A.