The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1897-07-30
PENSION RULES
Thorough Revision Of the Meth
ods Of Adjudication of Claims
to Be Made.
Present Regulations Said to Rem
der Administration of the
Law Difficult.
Benefit to Be Given to Claimants
in All Cases Where There
Is Doubt.

.evision Of the rules governing the ad.
Indication of pension claims under the
second section of the act of June ~,
1890, has been made by Assistant Sec
retary of the Interior Webster Davis,
and sweeping notifications in the pres
ent practice is the result. The changes
are embodied in instructions to the COM
missioner of pensions, i'll which it is
stated that representations were made
that the present rules render the ad-
ministration of the law difficult and
embarrassing. The new code, it is
said, will furnish a safe, speedy and
uniform system Of adjudicating this
large class of cases. Assistant Secre-
tary Davis holds that the very nature
of pension cases forbids the application
of the strictness and technicality OF
court proceedings, and that it was not
the intention Of congress to hedge the
administration Of these laws with the
difficulties and pi,f"lls of any system OF
special pleading whose technicalities
and refinements may tend to practical
defeat of the governments benevolent
purposes. The notifications are made
in six rules, and former rules and de-
cisions in conflict with them are set
aside. The most important change is
made in the following rule:
l. Every application for pension un'
der the second section of the act OF June
~, 1890, should state that the same is
made under said act, the dates of enlist
ment and discharge, the name or nature
Of diseases, wounds or injuries by which
the claimant is disabled, and that they
are not due to vicious habits; provided,
however, that the omission of any of
these averments shall not invalidate the
application (the intent to claim pension
being manifest, and the declaration be-
ing executed in accordance with law,
but such application shall be subject to
amendment by means of supplemental
affidavit, in the particulars wherein it
is defective; said supplemental affidavits
to be read in connection with and as q
part of the application itself; and pro-
vided further, that declaration in the
terms of the act shall be sufficient.
Rules 2, ,, 5 and 6, the last two re-
lating to vicious habits and increase
claims, are largely reiterations Of pres
ent practices. Rule makes essential
notifications, and is as follows:
4. Should wound, injury or disease
not specified in the original or amenda
tory declaration, but discovered Oh med
ical examination, be shown to have ex
listed at the time when the original dec
laration was filed and it is found not te
be due to vicious habits, it shall b.
taken into account, the same as if for
mally specified in the original applica
( ton, i'll estimating the degree O
the permanent mental or physica
disability to which it contributes
Should it be found. however, not t.
have existed at the time when the orig
inal application was filed but from
subsequent date, prior to medical exam
ination, the degree Of the disability o
the applicant being below the maximum
rating may be increased accordingly t.
date when such wound or injury wa
incurred, or disease contracted, provide
the degree of disability from all con
trihutory causes is thereby enhanced t
q sufficient extent to justify highe
rating.
Should it be found impossible to fl
the exact date when such wound or il
Jury was received or disease contracted
the higher rating shall commence fror
the date Of the certificate Of medical e1
animation showing it's existence.