The National tribune., 1897-08-26
Il LIBERAL RULING.
Important Principle Involved
in q Pension Decision.

cision of Gen. fussey's, ignored During
the Late hdmni>fratian-Op Opinion in 3
Mexican War Ctse-PeHsion Once Notes.
Assistant Secretary Webster Davis, OF ths
Interior Department. in the case Of the minors
of Napoleon f. Trask, Go. Il. 32d Mo, rendered.
an important decision, Aug. e. resffirning de-
cision rendered Jan. IL. 1850. by Assistant Sec
rotary Bussey III the pension claim OF Mary A.
Cox, widow, wherein il was held THAI where
the evidence, ay and medical, goes to snow
that the cause for which pension was granted
was comp Gated witb disease that was The
fraHed tate cause Of the soldiers death, the De
t,aff;neBt will sustain the widows claim for
pension on account Of the soldiers death from
said cGnpicati0 Of causes, holding the saaIe,
Tor pensionable purposes, to Dc Tue 10 the line
Of duty in the service"
1t seems that this rule, as laid down by As
sistant Secretary Bnssey, governed the action
OF the Pension Bureau IN aGjudicating pension
claims OF this nature until, during the last Id
ministration, it became practically ignored or
was medically disregarded under the theory
that it had been, in effect, superseded or meas
urably revoked by decisions in the cases of
Ernest Bierhauin and Alma NeidhaEnmer
The matter was called to the attention OF
the Department through DIR. Raub the present
Medical Referee. who desired an expression of
Departmental opinion affecting pending case,
in which he stated as follows:
"All the testimony turn isbed i'll this case
has been carefully considered in connection
with the papers heretofore filed. intending evil
dence obtained ny special examination.
The soldier was pensiOned for rheumatism
and result ting disease of heart. 1t appears that
death was due TO suppurative disease of lungs,
and that disease OF heart was also present.
" 1t is not medically established that there
bnln hatv ba
lung lesion and the heart affection, although it
may be admitted that both were factors in the
death cause yet TIE former disease of lungs,
was the most prominent.
& 1t is "a well established theory that the ex-
isteuce of disease of heart seriously complexities
any lung lesion, and If can be authorized
to admit this class of cases, IL is believed that
justice will be done 10 many claimants whose
cases would be rejected if we adhere to the re-
qurement OF n strictly pathological connection
between the fatal disease and the disability of
service origin
Assistant Secretary Davis holds that the de-
cislon i'll the case of Mary A. Cox fully meets
the issue presented by Medical Referee Raub,
and that this decision lays down a proper rule
for the guidance of the Pension Bureau. Sum
ming up the case, Assistant Secretary Davis
| says:
Careful analysis of the Depar tmsntal de.
cisions in the cited cases of Bierbaum and Med
hammer aud the underlying principles of the
same, does not disclose amy material conflict
with the decision in the cited cases of Mary A.
Cox or its underlying principles. The con-
illusions attending these cases all depend upon
and are characterized by different States OF
fact and il does not appear that the decision
in the cited case of Mary A. Cox has been in
| anywise amended, qualified, questioned. re-
called or annnied by other contrary de-
cisions.
..Io,, &c a., o,;,,o, .I,,t ,l,a 10 Ia IL d,ryp
by Assistant Secretary Bussey in the case of
| Mary A. Cox is based upon reason and good
| judgment, and is in accord with that long and
| UNMARRIED holding Of the Department that the
| pension laws should be construed in the liberal
and generous spirit which prompted their
| enactment, and where doubts cannot be re-
| solved by evidence, presumption should incline
| toward claimant
| IF it be necessary, therefore, to reaffirm the
| Departmental decision in the cited case Of
| Mary A. Cox and the rule laid down therein
| by Assistant Secretary Bussey, the same is
hereby reaflirmed, and the action of your
Bureau should be governed accordingly in
| eognate cases"
| Another decision of Importance was that in
| the case of the widow of w. Mex. Winters, of
| Gilpin's Battalion. Missouri Volunteers in the
| Mexican war. The decision definitely settles
| the status of the organization i'll the matter of
| title to pension under the act Of Jan. 90 1887
Winters was originally pensioned, the decis-
| ion states, as a Mexican war survivor, but after
his death his widows application for pension
| was rejected by the Pension Bureau the
| ground that Gilpin's Battalion of Missouri Vol
| unteers is not a pensionable service under the
! Mexican War Survivors act of JAN 90 1887.
| This rejection by the Pension Bureau was
| had in accordance with decision render ed
| Aug. 20, 1885, by Assistant Secretary Reynolds
| in the case of Anton Brunz in which it was
l all hot 1ri, ,1c Unff nf In
| fantry was called into service during the war
| with Mexico for the purpose of protecting the
| United States trains on the Santa Fe route
and to punish the Indians who had attacked
| those trains, and did not serve in Mexico, on
| the coasts or frontier thereof nor route
| thereto, conditions precedent to title to PEN
sion under the Mexican War Survivors act
| Mr.. Davis requested the Secretary of War to
| furnish a supplementary report showing what
| character of Mexican war service was per-
formed by Gilpins Battalion, and the military
| status of that organization, as held and es-
| teemed by the War Department in connection
with the United States forces serving in that
| war.
| Mr.. Davis received in response an exhaustive
| report, prepared by Col. F. +. Ainsworth, in
| which it is shown that Gilpin's Battalion not
| only served with the army on the frontier of
| Mexico and en- route thereto but directly
| served within the territory of the enemy, and
| was engaged in battle, and that its services in
| keeping open line of communication with
| the Army of the United States in Mexican
| territory had direct and important connection