The Topeka state journal., 1897-12-07
ZOE SERYICE PENsION.
Congressman Botlzin Criticises Pres
ent System of Handling Pen
sion Claims

Washington, Dec. 7.-Congressman
J. D. Botkin has been in the city since
early in November. Much of his time
has been employed in fitting up a home
at SOS East Capital street, where he is
pleasantly located for the rest of this
term. Although busy with household
affairs he has not neglected his de-
partment work. Especially is this true
of pension work. His books show
vast deal of this work begun and sue
cessfully closed, and a vast deal yet in
process of adjustment. The subject of
pensions is a favorite one with him and
he is always willing to talk about it.
I believe he said today, that ev-
cry man who wore the blue has earned
the right to freedom of thought and
speech, and should be rendered a pen
sion by the government as a grateful
recognition of his services, and that in
addition to this service pension those
who are specially disabled should be
cared for as at present
What other changes do you think
ought to be made in the present pen
sion laws?'' was asked.
''Well, 1 think that the laws relating
to evidence, as well as many of the
rules of the department on that sub
ject, are entirely too rigid and should
be amended. 1t is practically impos-
Sible for many disabled veterans to
procure pensions because of the death
of many of their comrades and the fail
ing memory of others. 1t seems al
most nOnsensical, after the lapse of
more than 80 years, to expect an old
soldier to prove exactly at what time,
place and the circumstances under
which he contracted catarrh or rheu-
natism or some disability which,
though not noticed at the time, may
have led to some serious disease. There
are thousands of men whose present
disa abilities resulted from army service
who were never in a hospital and whose
comrades are either dead or cannot re
member when the disease was con-
tracted. To these deserving men the
present laws and rulings on evidence
are a manifest injustice.
The ruling which compels a soldier
to prove that he was in good physical
condition prior to enlistment is also un-
just. The fact that Uncle Sam accept
ed him for duty ought to be prima
facie evidence of the fact that he was
in good physical condition at the time.
Il am firmly of the opinion that when
a soldiers name has been placed upon
the pension rolls by any administra-
ton, no subsequent administration
ought to have the power to drop him
from the rolls or to reduce his pen
sion. The decision granting a man
pension ought to be as sacred as the
decision of any court of justice"
Asked if he had any further sugges-
tions to make of interest to the old
soldiers, Mr. Botkin said:
Yes, I have. There is a horde of
so-called pension attorneys who are
working the old soldiers for fees with
out rendering an equivalent in service.
They are chiefly located in Washing
ton. Their first act in a case is to for
ward necessary blanks to the soldier,
which the pension department is al
ways ready to do upon request from the
soldier or q member of congress. When
the application for pension is filed, the
attorney notifies the soldier what evil
dence is required. This instruction is
always promptly given by the depart
ment on the call of a senator or con-
gresSman. After the evidence has been
gathered and sent in by the soldier, the
attorney writes him and suggests that
if he will get his senator or member of
congress to call up the case it will hast
en- its final adjustment. The next duty
of the attorney is to collect his fee. In
fact, the soldier and the congressman
do the work and the attorney gets the
fee There are worthy exceptions to
this rule among the pension attorneys
of this city. In my judgment the prop
er way to correct these abuses is for
the soldier to send directly to the de-
partment for blanks and either prepare
them himself or employ a home at
should send them direct to the depart
ment and put his case into the hands
of his senator or congressman, through
whom the department Will inform him
from time to time what evidence is nee
esSary to complete the case. Any mem
Der of congress would cheerfully do
this work and would scOrn the idea of
remuneration for his services. Indeed,
as it is. we do the work While these
attorneys get the fees. l hold that SOL
diers should pay no fees for services of
this kind except those paid to home at
torneys for work actually performed.
OF course, when an appeal is necessary,
a competent Washington attorney
should be employed to manage the
case"