The National tribune., 1897-09-16
DANIEL +. KELLEY.

DANIEL F. KELLEY.
allowed ample time in which to rebut such
CHARGES: and If the charges are false, he has
every opportunity TO clear himself in the time
given.
TAKING OF TESTIMONY.
As TO the suggestion that all testimony be
taken hy n Special Examiner 1T the County
seat, 1t is believed that such a rule woud work
great hardship to the claimants aud be wholly
impracticable. To illustrate: On an average.
the testimony of about 10 persons is required
to establish old-law willows claim. These
witnesses may and usually do reside ut differ
ent places, and even in frrcnt Counties and
in States widely apart. TO get the required
Witnesses to the Countyseat on any given date
would necessitate difficult and expensive labor,
ana as there is no provision uf law under which
this Bureau could pay for their transportation
or allow them witness fees, this expense would
necessarily fall up the claimants.
Outside of this phase of the question, there
exists the further objection that it would prob
ably lie necessary to station at least enc Special
Examiner in each County in most States of the
Union aud the work OF the Examiners would
be so hampered that the adjudication OF the
claims for pensions would be greatly delayed.
Section 3: The adoption of the rule in Sec. B
is unnecessary, as the present practice OF the
Office works no hardships claimants. The
adopted. as one creditable witness is no: enough
to substantiate a case. Il is enough 10 make
out prina facia case. but the witress's testi-
mony should be corroboratcd by at least one
person or circumstances.
Section 4 All notifications from the Bureau
OF Pensions as TO the status Of any case should
set forth cacl aud every fact upon which fur
thor evidence is required TO complete the claim.
This is the present practice OF the Office.
SOME PAPERS MUST BE CONFIDENTIAL.
Section 3: Certain papers, memoranda. writ
ings letters. reports of Examining Surgeons
and Special Examiners, and all records ex-
hibits received Ivy the Bureau Of Pensions
iatinp TO any pension claim, are at present
preserved and filed with the papers in the case.
The p-nsioner or claimant has the right either
in person. by attorney. or by representative IN
Congress to review certain papers in the case !;
but there are frequently communications that
the Bureau receives aud when given con-
fdeniial, the confidence should be respected.
Ii is also g well-known fact that some pension
attorneys who examine private records of the
War Department-Surgeon-Ge Generals reports
and such papers-iake fra III them in fOrmatiou
aud tiiercuVon build up a claim from such rec
ords when in fact the claimant should he
CURED TO file his claim. and such records
should he help evidence in the claim TO
substantiate IL.
OtNtf iIDo. pfeulfdttd fOH iHc HFbFiSo CpH-
tanned in the pension appropriation act of
July l3 1894, covers the examination OF re-
ports Of Examining Surgeons fully, aud should
not be disturbed.
THE OFFICIAL EEcnEDs.
Section 6 rule that r. cord of the War
and Navy Departments showing the disease or
disability TO haze been incurred in service aud
in line of duty shall be conclusive of that fact
should not be adopted Experience has dem
! onstrated that the records of the War and
! Navy Departments as to disabilities are in
I some cases incorrect. especially where soldiers
I were discharged while in hospital. away from
their commands, and The records were made
/ by rarits having 40 immediate knowledge OF
! the Iucurreuce OF the disability.
Section Z. relative to the common-law pre-
! sumption of death The act of March IL 1896.
provides for the commOn-iaw presumption OF
death. and this Burcan Is at the present time
/ following said act, which governs in ali cases.
Section 6, : relative TO marriage: Section
/ 4105, r. s. aud the act OF Aug. Z. 1882. Section
/ ., govern this Bureau In regard TO the question
/ % marriage. aud must bc followed. No ruling
/ OF this Bureau can oYcIturn either. The pres
/ ent practice is TO prove All marriages. outside
/ Of those within the provisions OF Section 4.05,
! r. s. by the law OF the place where the parties
resided at the time Of the marriage or at the
time the right to pension accrued, which is in
/ exact accordance with the words Of the act OF
Aug : le92. 1t would be uuwisc 10 establish
I marriages for reasonable purposes in total
! disregard Of the laws of the State where the
! parties lived or resided.
Section 8: II would be well to follow the
I Supreme Court decision which held that the
/ War OF the Rebellion ended OH Aug. 90, 1866
( il would give definite and exact time, and
I would free from complication or question. Be.
I fore such rule could be adopted 10 apply 10
Claims under the act of June -, $780, it would
| be necessary 20 have decision in case OF Barrie.
young z z. D., 453J rescinded.
ACT OF June q, 1890
Section 10, relative 10 applications under
act OF June %. 1890 II would be sufiicien,
under said act that soldier claiming pension
hereunder should allege the disease disability
or wound or injury which causes total or par.
thai incapacity 10 earn support by manual
! labor. and that upon medical examination. il
made within three MON las of date of filing the
declaration, all disabilities, diseases and in.
iurics or wounds found 10 exist sh uld be-
taken into consideration in rating the claimant
under Tie act, provided they were not the re-
suit OF vicious habits. 10 matter whether they
were ali alleged in the declaration or not
The act of June %. 1890, is peculiar in its
! language, and makes the basis OF pension tho
! scrrice Of the soldier-g0 days or more-con
iingeRt upon an honorable discharge. The
rate of pension is contingent upon the inca
pacity TO earn support by manual labor, ,hi:
depending upon disease, disability, wound oil
injury not The result of vicious habits Til,
question OF vicious habits should never be
raised as presumption against claimant IN
cases Of disease. il there is anything shown
upon the medical examination that raises the
presumption OF vicious habits, it is well ther