The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-07-30
NEW PENSION RULES.
Present Methods of Adiudicating
Claims to BE Modified.

WASHINGTON, July ga thorough re-
vision Of the rules governing the adjl-
dication of pension claims under Sec
ton ?. act of June 27, 1890, has been
made by Assistant Secretary of the
Interior Webster Davis, and sweeping
notifications in the present practices
are the result. The changes are en-
bodied in instructions to the commissioner
Of pensions, in which it is stated that repre-
sentations were made that the present
rules render the administration of the law
difficult and embarrassing. The new code,
1t is said, will furnish a safe speedy and
uniform system of adjudicating this large
class of cases. Assistant Secretary Davis
holds that the very nature of pension cases
forbds the application of the strictness
and technicalty of court proceedings, and
that it was not Congress- intention to
hedge the administra ton of these laws with
the difficulties and pitfalls of any system
Of any special pleading whose technicali-
ties and rehnements may tend to pracu-
cal defeat of the governments benevolent
purposes. The notifications are made in
six rules, and former rules and decisions
in conflict with them are set aside The
most important change IS made in the
following rules:
Il Every application for pension under
the second section of the act of June 27,
1890. should state that the rule is made
under said act, the dates of enlistment and
discharge, the name and nature of the
disease wounds or injuries by which the
claimant is disabled, and that they are not
due to vicious habits; provided however,
that the omission of any of these. aver
ments shall not invalidate the application
(the intent to claim pension being manifest
and the declaration being executed in ac-
cordance with law), but such application
shall be subject to amendment by means
of a supplemental affidavit, in the particu-
lars wherein it is defective; said supple
mental affidavit or att1davits to be read in
connection with and as part of the applica-
ton itself; and. provided, further that a
declaration in the terms of the act shall
be sufficient"
Rules 2. 3. and g. the last two relating
to vicious habits and increase claims. are
largely reiterations of present practices
Rule makes essential notifications and is
as follows:
specified in the original or amendatory
declaration, but discovered on medical eX-
animation be shown to have existed at the
time when the original declaration was
vicious habits, it shall be taken into ac-
count the same as If formally specified in
the original application, in estimating the
degree. of the permanent mental or physi-
cal disability to which it contributes.
Should it be found, however, not to have
existed at the time when the original ap-
plication was filed but from subsequent
date prior to medical examination, the de-
gree of the disability of the applicant being
below the maximum rating, may be in
creased accordingly from the date when
ease contracted, provided the degree of dis
ability from all contributory causes is
thereby enhanced to a sufficient extent to
Justify higher rating Should it be found
impossible to fix the exact date when such
wound or injury was received or disease
contracted the higher rating shall COM
mence from the date of the certificate of
medical examination showing its exist
enCe'