The National tribune. [volume] (Washington, D.C.) 1877-1917, 1897-09-09
PENSION DECISIONS
Cases Of Interest Disposed of
by MIR. Davis.

Treatment Which Would seem to Indicate
Liberal Attitude and Observation-Disclosures
of Extensive Frauds in Two Eastern Cities.
Assistant Secretary Davis made decision
last week in the case of Arthur Kicker Co. l.
30th BE, motion for reconsideration.
In disposing of the case Mr.. Davis sets forth:
" / have considered the motion filed June 30,
1897, for reconsideration of the decision rem
dcred by Assistant Secretary Reynolds on Oct.
10 1896 atii rming the rejection of the claim of
Arthur Kicker for additional pension. While
the long and unexplained delay OF the claim
ant in presenting his claim on account OF vari-
cOcele (he having applied on account OF other
disabilities as early as 1876 naturally tends to
beget some doubt as to its merit doubt which
is not lessened by the fact that varicocele IS a
very common affection in civil life, that doubt
ought not to influence our Judgment as against
the testimony of credible witnesses. The rul-
ing in the case of Thomas Ii. Strange to which
reference is made in the decision of Oct. 10,
1886, Is, in my opinion, not applicable TO the
facts in this case"
Mr.. Davis thinks il cannot be truthfully said
that the statements of the comrades who testi-
fed to the existence of this disability IN the
service were either general or vague" or
that they consisted of 81 mere recital under
oath, of assertions made long since by the SOL
der himself" On the contrary, they were d.
rect and positive, and gave details and circum-
stances in such manner as to convey strong
impression that the witnesses have actual per-
sonal knowledge of the material facts sworn
to. This was conceded at the time the former
decision was rendered, when it was said
"The evidence thus pointed out would seem to
make n fair rs to origin in the service"
1t WAS held, however that such evidence was
not sufficient to establish ''incurrencs in line
of duty" The gist of the objection made to
the sutficiency of the evidence on this point
seems to have been that il did not establish the
precise time and place at which the disability
began from what cause. While the COM
rades first knew of its existence shortly after
the battle of Cane River, La, the claimant adj
mtted that he had suffered pain before that
battle. Yet while Directing to the snfllc'ency
of the testimony on the ground that it did not
show the exact time. place. and cause OF the
origin OF the disability. the decision admitted
that snch a showing was somewhat preciuded
by the nature of the disability"
We sheuld not require a claimant to prove
what, from the nature of things, cannot be
proved" says Mr.. Davis. So 1t must be pre-
sumed in the absence of evidence to the con-
trary, that this soldier did not have the disease
at enlistment. TO the ordinary legal pre-
sumption OIL this point he added the testimony
OF his wife, brother and family physician. 1t
was shown, by competent and reliable testl-
mOny, that he Lad il while in the service.
The disability" says Mr.. Davis. " is one which
is very liable to result from the exertions and
vicissitudes Of military service in time OF war.
1t may come on gradually. and the actual time
OF its beginning may he unknown 10 the man
who has it. tnnk IL is reasonable to presume
in such case las is done in case OF Il -disease)
that the disability originated in the line of
duty, there being nothing tending to raise q
contrary presumption. The decision of Oct. 10,
1886, is therefore overruIed."
Two Pension Examiners who went North
sometime ago, it is understood. have unearthed
extensive frauds in New York and Boston, ard
some of the alleged guilty parties have been
arrested aud held for trial. The report IS that
the frauds will amount TO thousands of dollars.
One Of those arrested in New York is young
woman who it is alleged has been collecting
pension money as tho daughter OF an old sol
der, while in reality the old soldiers daugh
ter died in 1892. Three other persons are i'm
plicated In tie same case. There are many
other cases somewhat similar. In some in
stances the swDdlers, of whom ex-
soldiers, bad succeeded in collecting pensions
quarterly for period Of five years after the
persons entitled TO them had died In other
the frauds have along for three years
and the remainder two years less. In all of
these cases the names of pensioners who had died /
were found signed to the quarterly vouchers aud /
witnessed by notaries public. Just how much |
money has been obtained from the Govern
ment in this way, through the New York and |
Boston Pension Agencies, is not known al pres |
ent by the authorities.
1t IS stated that many Of the certificates !
under which the fraudulent pensions were |
collected were pledged with saloon keepers and /
money, len!ers. OH soldiers who had been
i..j Urrd in the war and who had been collecting
pensions for their Injuries pledged their pen
si@l Ccrl liratcs with those to whom they were
INDEBTED. The veterans would give the adj .
drrSs OF these people in the vouchers when /
mailed, and 1t was customary fer the Pension |
Agent mail check to the add ress stated iii
the voucher. The pensoner would get the |
difference between the amount sent and what |
he owen, aud the other man would keep the |
certificate. In many cases, it has been found |
out, that after the pensiouer died the man who |
had been holding tho certificate all this time |
world still keep it. make ont the voucher
blank, later forging the dead soldiers signature. |
Cases have been discovered in which women
who were in no way related to the beneficiary |
collected the money after the beneficiary died. |