The National tribune. [volume] (Washington, D.C.) 1877-1917, 1897-08-12
QUESTIONS DECIDED
Important Pension Opinion as
to Revenue Marine.


Drift of Assistant Secretary Da'Hss
lions Cases.
An ;mnortant decision was rendered by As
sisiant Secretary Davis. in the case o' APP
w. f. Rogers, of Galveston, lex. Inc 'e'''''.
related TO claims for pension under the ac. Vi
January 90. 1887, known as the Mexican war
Survivors act, granting pensions W 'nos0
officers and men of the age of 81 or over whe
served with the army and navy In the war
with Mexico.
Under this act Capt. Rogers was granted
napsion for service on the revenue cutter for'
ward. which vessel. by order of the PRESIDENT
rnder the act of March 2, 1899, (which author
lied him to turn over to the navy Vesseis oi
the revenue marine, to cooperate win .ne
navy in case of wsr) was merged Win , Gue
naval feet operating during the Mexican war
:. ,ba Cnlf and ON the coast of Texas. under
tha command of Commodores Conner and
Matthew c. Perry.
During the last Administration the inferior
Department rendered decision IN pension
claim. under the act OF June q, 1890 that heio
that officers or men of the revenue marine
service who co-opersted with the navy curing
the war of the rebellion, under orders oil lne
President. were nevertheless, not entitled 10
pension under the act Of June q, 1871, hoioihg
that the revenue marine was civil ofah1"
and could not be made part OF the ha'ai es.ao.
iishment as to entitle the onseefs ANU "'eN
to pension. ~,-1,d
Tbe Pension Bureau under the Cleveland
Administration construed this decision 10 ap-
plv equally to pensions granted revenue hafiho
officers and under the Mexican war SURVIVORS
act and Capt. Rogers was dropped from tne
rolls. On appeal Mr.. Davis reversed the
action of the Pension Bureau and ordered
Can't, Rogers restored to the rolls. Mr.. DAVIS
holds that the order of the President, under
the act of March 2, 1879, by which the revenue
cutter Forward was turned over TO the navy
for co-operatien Herewith during the war WIN
Mexico operated to merge that vessel and her
officers and men into the nava! establishment,
and that. during the period she was SO EN-.
Moved she was part and parcel OF the naVai
establishments This decision, 1t is believed,
nav operate 10 grant pensions 10 such onlcero
aud men of the revenue marine service VINO
co-operated with the navy, under orders OF tue
President in the war of the rebellion or othef
wars.
case under the recent revision of the rules
was decided last week that of John Z. Finley,
Co A. 9th Pro. En-. Mo. Militia. Claimant, on
May 26. 1897, appealed from the action OF the
Bureau of Feb. L. rejecting application LOT
pension under the second section oil the ACT y,
June q, $780, on the ground that 1t contained
no ayernfent that claimant was honorably dis
charged.
II was contended that, as the Interior De-
partment relies ON the record of the War De-
Iartment for evidence OF honorable discharge,
the allegation in the declaration is unnecessary
and that the allegation in the declaration that
ne was captured and released alter service
of 90 DAYS 4" was sufficient 10 enable the Pension
Bureau to secure the record of the facts from
the War Department The Assistant Secre-
fary, in disposing of the case, quotes the new
rules and says: Il am of the opinion that
declaration, under section 2 of the act OF
OF IL fail uii
was honorably discharged. while detective is
not void but may be amended
Several decisions in cases, Mr.. Davis says In
80 far as they conflict with the new rules. are
hereby overruled. These include the James j.
Durkee, Felix Bastien, Anton Deamer, and
Susan III. Minor. They are all virtually settled
Is to the point raised in the Finley case, but
all are understood to include several other
points upon which decisions are to be handed
down in the not distant future.
In the case of Jane. widow of Joseph Norris.
Co. A. 1lsth Pa, the appellant fled claim on
Oct. il, 1879, alleging her husbands death on
Aug 3. le69. Her Claim was rejected. April
il, 1897. the ground that evidence failed
TO establish the service origin of the fatal dis
ease mentioned in the application, and claim
ant had declared her inability 10 furnish the
necessary evidence in proof thereof.
As an example of the changed manner oil
handling cases, it may be noted that the As
sistant Secretary orders that the claim be
further and specially examined. The claim.
ants reason for being unable to furnish
further testimony was because her late hus
band was on detail a large portion of The
time subsequent to date of incurrence with
sthers than those of his own company, witt
whose whereabouts and names she was I'M
acquainted, and Mr. Davis says the records
MAY disclose the names of others on the details
whose testimony should be procured If possible
Thomas Mays, Co. ID. 18Th u. S. C. II. A., filet
L. ~ 1Cnn H.
GO 1894, which was rejected Sept. Is, 1896, OF
the ground that claimant could not establish
the fact that he was the identical Henry Jone
who served IS he alleged. Mays was born
slave took his masters name but enlisted a.
Henry Jones, assuming his fathers last name
Mr. Davis pertinently observes in the decision
reversing the rejection, that in the specia
examination held no reasonable endeavor ap
pears TO have been made to aid Mays in prov
ing that he was, at Que time, known as Jones
The Army and Navy Survivors Division fur
nshed the addresses of eight members OF tn
mans command, but fail to discover" say
Mr.. Davis that any attempt made
obtain the testimony of one OF these men. Tb
claimant States that he has 10 money to enabl
him 20 find these witnesses, and il would seer
not only proper, but just, that claimant shoul
be aided by the means at your lthe Commits
sioner's) disposal to idertify himself if poSs
bic" The Claim is ordered reopeEed, and ful
tier special examination held.
In the case OF David n. Baker. Co K, list
Ind, who has been receiving pension for
chronic disease, fled application for increas
June ), 1880. alleging among other results G
OF the heart. On July %, 1896 he agai
fled application for increase, stating that th
chronic disease had caused disease of the hear
This claim was rejected on the ground that I'll
rate OF s. per month was propertionate to I'll
disability resulting from the chronic disease
that disease of the heart was rot shown TO exis
Appeal was taken. The Medical Referee G
June 50 last, states that upon the evidence
cannot be held that disease Of the heart do
net exist. and suggests another medical exam
ton to determine the cause of disease of Il
heart. lnasmuch as four Boards OF Examinii
Surgeons have given ratings for disease of Il
keart. Mr. Davis set aside the action reiectiI
the claim for pension FOR disease of the hea
on the ground that such disease does not ext
and sends the claim back for further medic
examination
The report OF certificates issued for the wee
ending Aug. shows
Army invalid: Original. &C. increase al
additional, 2i2; reissue. So; restoration a,
renewal. Al duplicate, 30; accrued, 81 tot.
SIT.
Army invalid TACT June q, 1890: Origin,
36i; increase. Jap; additional. 30: reissue L
restoration, 80; renewal, 6; supplemental
duplicate, u accrued l3l; total. ISL.
Army widow, ETC.: Original, l0i; addition;
2; reissue, 2; restoration and renewal, 2; d