The National tribune. [volume] (Washington, D.C.) 1877-1917, 1897-07-22
HcTs UPON cHSES.
Decisions Made. By the Hon.
Webster Davis.

fsuhGFtt- % -hPAfEsti Ne-,N' ~'S'' $1,000
Him-Noses About Pensions.
considerable number Of decisions in PEN
sion cases were made last week. the most i'm
portnnt OF which are given below
Ia the reduction case OF John ;. Hnoiey'
II : y the Assistant Secretary cdes That a
failure igy the Commissioners Oh tensions, IN
reduction case. TO take notice OF ail aiieeatioh
ly claimant that he never received the notice
rc,pirii,- him 10 appear before the Board Of
Surgeons. is contrary 40 GOOD practice, but Is
moi Sufficient r0r TO Warrant The reversal OF
srtion a. reduction when such allegation is not
under oath aud not supported by sach corrob-
orsiive proof as the naiG re Of the case admits.
"a record should he kept by the Pension
Bureau" says Mr.. Darts "of the sending of
such notices. aud claimants should he advised
in rases like the within. 10 support their allie
gaiion l,y oath ana such corroborative proof as
the case is sascert bic Of"
The main issue in this particular case was
identical with the ore In what is known as the
Hulsc apneal: bui new question also in
volved was as 30 what sseIFs should be taken
when the Pension Bureau assumes that a claIm-
ant was notified % appear for examination
ana the claimant denies receipt of notification
and promptly so advises the Commissioner.
The Assistant Secretary rcalirmed the decision
appealed from.
Mr. Davis SAYS. in deciding the case of Spen-
Ger PAYNE. Co u. 79sh L. < c T., Oh motion
for reconsideration of action dropping him from
the rolls. that as the evidence TENDS TO snow
that, through no fault OF his peasioner iailed
TO receive the SO days notice for dropping, or
Che or4icr for a medic examination, aud
therefore fled 10 testimony IA rebutiai. II is
deemed but inst IL appellant that The action
be rert,nsidercd that claimant be ordered Tor
medical exaInin 4tioa. sii have an opportunity
10 ie additional evidence il lie desires"
Payne was dropped from ;he rolls lii Septem-
Der. 1895, tine notice having been sent.
In the case OF Emma ]. Waneelin. widow OF
William T. waagein, CAPTAIN, sd u. : c. T..
Mr.. hivis. in deciding TO consider the appeal
OF claimant. after he shall have received an
advisory opinion as to the degree OF physical
disability in this particular case from the Ned
ical Referee. lays down tins principle:
when il is proved by The evidence that
widow. by reason OF are permanent and
physical or mental iBfirmtics. is incapable
OF exeriing a reasonable effort to add TO her
income and the income o. which she is pos
sessed. or the property Of which she Is possess
ed reduced to an income. Is not sufficient to
provide her with the accessories OF lie, which
are essential by reason oil her age inSrmi-
ties, then such widow is dependent within the
terms of the act of June y, 1890"
Mr. Davis affirmed the action of his pre- ie-
ressor in the case of William Harris, Co. q,
U.SCT 1t seems that specialist conducted
a test examination at the instance Of the Com
missioner of Pensions and reported Facts unon
which the Medical Referee held that the claim
ant was not disabled in a pensionable degree
The Assistant Secretary holds that the evil
dence of such specialist, he being an agent
OF the Government, aud being required 10y law
TO make his examination thorough and search
ing will when such evidence i made the basis
OF holding by the Medical Referee, be ordi-
narily accepted as against the evidence of
claimants physicians.
In the case of Luther Case Co. A, 4th u. S. NJ.
the claimant filed his declaration under act Of
June q, 1890, on June %. 1892; it was rejected
Jan. 15 1891, on the ground of no ratabie lis
ability. and al appeal was taken April u, 1897
which requested that claimant I've allowed to
file further evidence in his claim. and that
another medical examination be issued. Mr..
Davis in this case says that. as matter OF prac-
tice a claimant is entitled to file st any time
new evidence and request action thereon 10y
the Com missioner; If said new evidence, either
considered separately or in connection with
previously filed evidence. establishes a prima
facie case, the Comm issioner will order new
medical examination as 9 matter Of course,
and after the report of the examination is re-
ceiyed will take action on all the evidence. If
a request is made to the Commissioner for a new
medical examination without the filing of new
evidence an appeal will lie to the Secretary
after action has been taken by the Commissioner
upon such request. The appeal in this case
will not lie and is dsm Used.
In the case OF Charles A. Armstrong Co. b.
list battalion. Iowa So. Border Brigade. Mr..
Davis holds that = medi cal examination should
not be held TO show the extent of alleged dis
abilities under declaration filed under the act
of June q, 1890 until claimant has shown at
least a prima facie title under the act
President Mckinley has issued the expected
Al t.<.. &f D.
Cleyeland's order consolidating the Pension
Agencies of the country and reducing their
number This Executive order has the same
effect as an absolute revocation, although il is
worded as a suspension, inasmuch as the orgi-
nal order has never gone into operation. The
original order provided for general censOlida-
tion OF the Agencies, reducing the number TO
nine, which was 10 include one TO be establish
ed at ST. Louis ia lieu Of those at Topeka and
original mandate is TO continue in operation
the present arrangement without any change
Whatever.
Ia response to q resolution of inquiry the
Secretary of the Interior last week sent to the
Senate letter in regard to the political afijl liza
tons of the Pension Examiners in the field
who were discharged on June 30. He says
that OF the l9 Examiners who lost their places
that date 1S were Democrats BE calls at
teDtion to the fact that during the first three
months of Mr.. Cleveland's last Administration
81 Examiners. 20 of whom were ex-Union
soldiers. lost their places.
The Commissioner has Just issued the follow
ing to Examining Surgeons:
During the week Of the Encampment of
the Grand Army Of the Republic to he held at
Buffalo. \. Y, beginning Aug %. 1897. Ex-
aiming Surgeons-siDgie Surgeons and Boards
OF Surpe0ns-desiring TO attend said Encamp-
men', may waive all medical examinations for
that week"
ending July II shows
Army invalid: Original, rs: increase. sd.
ditional, los; reissue, "a; restoration and
renewal, SO; duplicate, 6; accrued, los; total,
3g7
Army invalid (act June q, 1890: Original
633; increase. los; additional. Is: reissue. 4 :
restoration, Is: renewal. 5; supflementals, 2;
duplicate u accrued. l66; total. l.oo5.
Army widow. ETC.: Original, l06; res,ora.
ton and renewal, / duplicate. 3: accrued, i;
fetal. III.
Army widow. etc. lact June %, 1890: Origi
nal, Boil; increase, i reissue, 3; restoration,
renewal, 6; suppiemenials. z; duplicate, 3
Eccrued. 4 total. 376.
Navy invalid: Original, s.: increase and ad
diticaal. j; reissue. i; accrued, 2; total ~.
Navy invalid lsci june q, 1890: Original
g. reissue. q; duplicate. ]; accrued, 4; total
81.
Navy widow TACT June 81 1901: Original. 4
Navy widow, TACT lame n, 1891: Original, Z
reissue, j. Indian Wars-Snrvivors accrued
g Indian Wars-widows: Original, 4.
Mexican War survivors: Increase. i; &C
crucd. TO- Mexican War widows: Original. II
Totals: Original, I,23s; increase aud add
tiopal "a reissue. 81; restoration and rene "
ntesu afe O.