The National tribune. [volume] (Washington, D.C.) 1877-1917, 1897-07-01
RULINGS REVERSED.
Assistant Secretary Davis
Makes Decisions.

In One Case, However, He Sustains Former
opiuions-Pension Office Work Progress
anr-SpeciaI Examiners Must Go Out.
Assistant Secretary of Interior Davis mas
been reversing q considerable numper Oh eA
Commissioner Lochren's rulings. ana several
cases he has handled in this way have peeh oi
more than ordinary importance
The case of Judith s., widow OF Nathan
Iuckingbeal, Co. K. 25th Ohio Cav. and Go.
A. 18th Ohio was one of those IN which de-
c;sion was reversed. The claim was made
unrcr act of June %. 1890.
AIR. Davis saws that "a declaration for widows
peuson under the act of June %, 1880, alleg-
inr MI the essential elements of title, except
the date of her husbands discharge Tor dura-
tiop of his servicel and that his discharge was
honorable. but stating that he was pensoner
ANA giving the nums,er Of his pension certfi-
cate is a good and sufficient application under
said act. In the case nownnder con-
sideration, while the applicant did not state
the date of her husbands discharge, or that
he served 80 days aud was honoraDly dis
charged she referred to his claim for Invalid
rension in which all necessary information on
those points was 10 be found Her declaration,
therefore. contained every allegation that was
essential to enable your Bureau TO determine
promptly whether she had status appli
cannot conceive Of any good purpose to be sub
served by requiring applicants 10 state specib-
caliv facts which have been already established
by documentary evidence on hle IN your Bu-
geau. TO throw out declaration, or applica-
lion. for emitting 10 state such facts is 10 de-
prive tie applicant Of pension upon mere
Iechucaliiy such as should have no place III
The execution of the pension laws.
IL DO not overlook the holding OF the De-
parimeni in the case of Susan NJ. Minor Is
p d.. 263l, relative to the essentials Of valid
declaration for widows pension under the act
OF June y. 1890. or the earlier decision IN the
case of James J. Durkee Is p. d., lo2l, in re-
gard to declarations generally under said act.
Ii will be observed that the holding in those
cases WAS not that the essentials of titles should
be specifically alleged in every application, bnt
that they should be shown.
al am of the opinion that declaration which
shows that the information or data necessary
To the consideration of the claim is of record III
the Pension Bureau. complies substantially
with such holding. In so far. however. as the
views herein expressed may be deemed 10 con-
fict with any former ruling or decision OF the
DEPARTMENT, such ruling decision VIII be
considered by you as 10 that extent m",iihed.
The appellants declaration filed Jan. p, 1887,
should be treated as valid application Tor
pensiun under section 3 o. the act OF June "a,
1880"
MEXICAN WAR CASE
Another decision of the last few days was in
Tie case of the widow OF William +. lonn-, 20.
II. 4lh Ill. Mexican Volunteers. Young en-
listed June 20, 1876. at Jefferson Barracks. Mo-,
and MAS mustered out at Barito. Tex. Aug 81.
The Pension Bureau held that 60 days service
meant that time spent en- route 70 the scene of
war and time engaged in fighting. Young's
regiment was delayed in starting for the SCENE
OF war, that from the date OF leaving Jefer-
ron Barracks TO his muster-out was less than 90
days. Mr.. Davis reverses the decision and al
lows the widow pension. holding that CD days
service in the Mexican war means 60 days from
the time OF enlistment. 1t was no fault oil the
soldier that he did not get to war sooner.
Tie Assistant Secretary affirmed former de-
cisions IN the celebrated Blsis6el case. Marie
j. widow OF William Biaisdell, 9Th MIMI,
wanted about 81. 500 back pension, claimed be-
cause of a reduction in her husbands pension
from So 10 SO per month two years before his
death. Several Special Examiners invest igated
the claim in 1852 aud 1859. Their reports were
10 the effect that an attempt was made to prove
that the soldier was insane, and he was pro-
Dounced insane ON two occasions; that he had
been in asylum but few hours the
first occasion. when his friends got him re.
leased, and he went 10 visit relatives IN New
Hampshire. where be remained several months.
the pensioners son admitting to the Special
Examiner, ii lie stated, that one reason FOR put
ting lis father in the insane asylum was TO
make record for in a pension claim. The
second time the pensioner was ia a nos piial
tErec months, though ii was stated not SIM
gle physician whose deposition was taken sup
ported iiie allegation OF insanity. Through his
being Ia the asylum his widow, his guardian.
occurred Ss2 per month. until further Iuyesti-
CATION reduced il to $40.
The lowering Of the pension by the Pension
Bureau WAS sustained by Assistant Secretary
Reynolds and was again affirmed by Mr.. Da-
III.
pension OF so and So per month receir ed
S6,479 mere than the amount TO which he was
entitled al the rate of $40 per month.
w0EK OF THE PENSION OFFICE.
Much work was accomplished in the four
weeks OF June IN issuing certificates. The total
fer lhe four weeks ending June % was S.S24.
These certificates were held back until few
days ago, and will be paid out of the a,pr opria-
tIOm for the new fiscal year. There viii be a
deficiency after all, and it may reach 500, 900,
but TO one, 1t is claimed. has been much in
conyenienced Not to have gone on issuing
certificates would have meant that the claims
would have waited longer for adjudication, and
Commissioner Evans believes in work.
The report OF certificates issued for the
week ending June &c shows
Army invalid: Original, I0S; increase and
additional. 2-l; reissue, l0i; restoration ant
renewal, 20; duplicate, 2; accrued, ll2; total
6l3
Army invalid tact June q, 1890: Original
6Co; increase and additional. 49i: reissue, 20
restoration, 60; renewal. 9; supBlementals, il
duplicate, q; accrued. l35; total. l.4lG
Army widow etc: Original, 122; reissue
restoration and renewal, supplementais, 2
duplicate. 2; accrued, 2; total, 49,
ATmy widow, etc. TACT June q, 1890: Origi
ma, ga; reissue, 2; restoration. i; renewal. a
supplement ais, 9; accrued. 3; total, 3i3
Navy invalid: Original, 3; reissue. 4: res
toraiion and renewal, i; total 6.
Navy invalid TACT June %. ls9ol: ORIGINAL
So; Increase, s; reissue. /; accrued, /; total
ct.
Navy widow TACT June q, 1891: Original
indian Nars-Survivors: Original. /. ~
cruel, 1. Indian Wars-Widows: Original
Mexican War Survivors: Original. i: i,
crease and additional. I0 accrued, s. Mex
can War Widows: Original. 8.
Totals: Original, 1900; increase and add
tional. 733; reissue, 1872; restoration and renes
a., l55; snppiementals, 25; duplicate, 8; a
crued 2G7. Grand total. 26Il.
The total for the week ending June 10 w.
2z72
lt IS expected that about 90 Special Examii
ers VIII be discharged soon. The new appu
prlatlon does not allow Of their employlnei,
Commissioner Evans SAID to q NATION
TRIBUNE representative that those wouid .