The evening times. [volume] (Washington, D.C.) 1895-1902, 1897-07-29
Adjudication of Pensions Under
the Act Of June ~, 1871.
NEW RULES PROMULGATED
Assistant Secretary Davis lnstrnS-
tious to Commissioner Evans-he
Does Not Think Congress ihtenoeo
20 Hedge the Administration Oh
Pension Laws With Difficulties.


sion cIaims under the act of June 27' les"'
wt,ch will nave decided bearing on the
handling of claims under that act. inns
,,,.,t,., has been the subject OF much
Thought to The Assistant Secretary ana the
conclusions arrived at have been rescheo
after careful deliberation. While sui
n.dai,v the law about with safeguards SO
that the Government VIII not be taken ad-
vantage Of. il will be found that many OF
tt.e unnecessary restrictions and purely
tec,,n,cal points have been overcome. Ihe
Assistant Secretary ttds afternoon sent
the following communication To H. Olay
Evans, Commissioner OF PENSIONS
The Commissioner OF Pensions, ,s,,,ns
Sir. i have considered your Suggestions
raIaiivp To a modification M Tue iuies
coverning the adjudication OF cldinas s
arising under the seconu seoeion seo,rt.e, "a 10 So
ACT of June u. $50. IL IS relfesehoo 70 -
me THAI The present Iules, by reason VI VI
technicalities necessltate an uhecOioiiliSo, ..ar
oielribution Of the clerical force a. s%uu. %
command, and, in other ways, tehaei IN nnS
administration OF the law olfiiculo anu
After a careful examination OF the va
rious enactments Of law that go 10 i1d Ne ~
an fhe Deaslon system, i cannot tlilnk III
was the intention OF Congress 10 heuEe
their administration WIN TIE oMncraosS
and pitfalls OF any system oi slsectal l,.ea.l ~,
ing, the technicalitles anu feiinehehes VI VI
which may tend TO Irdctcai uelSit "a
the benevolent aid intended 70 be eAte'ioed
20 the soldiers of the keputhc.
The p..nsiOn law is essentially a law SUI
gentris. and wiiile a proceeding had there-
under. when not expressly reeuAaStu y!
statute. may draw to ltself the ana Oi Ger
tain canOnS CT law and rules OF evidence,
vol no YER nature OF ca arising uiiticf
ihis law forbids that strlctness and technl-
caiity that attend upon regular court pro
oeedIngs- Here, the viii OF the leelsla-
tule being ascertained, the attendant lfo-
oeedines should he az simple az fosslbie-
A multitude Of rules tends TO COM usioh
and The way Of the claimant shoulu htst
be he1Eed afOul Nlln any OlliiSNAls thot
TIE acf OF June 81, 1890, provides
thai peasaOn hereunder shall commence
from he date OF the fuing Of the appllca-
tion in the Pension Office. after the passage
OF TINS act, upon proof that the oisabnly
illen existed so That appilcdiion must be
made m order 10 receive q pension undef
TINS act. -
In its terms the law declares THAT all
persons " Do served ninety days OF more
IN the military or naval services oi the
United States during the late " ar or TIE
rebellion, and who have been hOnoTaDtg
discharged lherefrom. and who are DOW,
or may hereafter be. suffering frOn a
mental or physical uisabllty OF a per
ffsanent character not Ulle result OF Their ow n
yhrsyus ha t3itS. which Incapacitates them
from the performance OF manual lahor
ln such a Qegrce as TO renGer tiletn unathe
10 earn a support, shall. upon making que
pnOof OF The TACT according 10 such rules
and reguls Ions as the Secretary or the
Interior may provide. be placed upon Tie
hst of Invalid pensioners. etc, etc.
linough the statute has clearly aD-
dicai ed The conditions precedent 10 title
under TINS law, yet il Is silent as 10 lhe
form OF the application. IL has, however,
conferred upon the Secretary OF the IN
terror the power 10 nlake rules 10y Wtlch
''due PROOF shall be made oI the facts
required 10 be established, m order 10
draw 10 the applicant The benefits OF the
statute, and Inis power, take AZ, Ia
ClUdes auth honty to prescribe what shall
cOflsIi itUte an Application within The
meaning and intent OF the law.
Alter a careful CONS sdeFataon OF the " hole
matter 1 have concluded that faithful
cOupnance with tine following rules
viii oDE1sIe the dinlcuities complained OF
and furnish . safe, speedy and Uniform
system OF adIu0lcaLauE Claims that arise
under the second section OF the act of
June "a, 4 $40, VIZ:
4. tvery appncauOn for pension under
the seooD0 sepLlon OF The ao OF June "a,
loYU, should stale tnat the same - made
under said act, the oates OF enlistment
aIld discIis rye, the name or nature of Tie
diseases. wounds OF injuries by which
the ciaInaanJ II dlss ble0, and tnat tney
are not due 20 vicious habits, provided,
however, tiIst the ouniSsiOn OF any Ot
these ayermeDtS eha4l uOt mva ildate the
Application tthe intent 10 claim pension
being manifest, and The oeCia alton icing
executed IN accordance with Ia VS., buI
sDcn apIAlicst iOn shall be sEh5ect Go amend
niant Uy means Oh a supplemental aIiIuaN vat
an the particulars wherein II rs Oe1eCtIEe'
said afflds vat, OF affidavits, 10 I've read
lB Connection with ana az a part Jd the
afphcatlOn itself, and, provided ful Jber,
tnat a declaration IN the terms OF the at
shall toe sufficient.
2. should Ine paper filed faiI 20 show
upon Its face, with certainty, that 1T IL
intended as claim for the benefits OF
the act OF June % 1890, the claimant
elemental aifldayit. which shall be read
IN connection with, and as "a part Of the
original application.
8. SbOufd the medical examination dis
Close the eASte OF any disease, wound
or injury not alleged in the original or
ainendatory application, which is a fac
Tor IA the applicant inability to earn
support 10y manual labof. the claimant
shall be called upon to state, under oath,
Uhe ume, place and circumstances, when,
Nbere, ana under winch such wound or
INJURY was received. or disease contracted.
ana whether ~ W as. An any manner, caused
by vicious habits.
NOT specified in the original or amendatory
declaration, but discovered on medical ex-
ANIMATION, be SHOWN 10 have existed a the
tfme when the original declaration was
fAed, and It is found not 20 be due 20
vicious habits, AZ shall be taken into ac
Count, the same as II formally specified in
the original application, in estinla ting the
degree OF the permanent mental or physical
Stability. to which IL Contributes
Should IL be found, however. not Ia have
existed al the time when the original appli.
cation was filed, but ffom a sllf.Seullant
dSte prior TO medical examina ton the De
gree OF the disability OF the applicant being
oelow the maximum rating, NAV be lu-
creased accordingly from the date when |
SUCH wound or Injury was incurred or dis
ease contracted. provided the degree OF /
oisabilty from all contributory causes IA
thereDy enhanc ed 60 a Sufficient ex-
tent 20 justify a higher rating
Should az be found Impossible To fix
the eAact date when such wound or injury /
was received or disease contracted the
higher rating sh adj commence from thedate |
OF the certlf3cate OF medical minaffoo
showing its existence.
3. Vicious Habits "A liberal and reasan
able rule In regard TO theproof as 60 vic1ous |
IN the case or John Martin "a p D. o. 57Sl
and the same is hereby affirmed, provided. 4
qcwever, that where the nature of the
disease. wound or injury il such as 20 show
that II IL not due to vicious habits. tie /
Commissioner OF Pensions may, in his dis |
cretion, accept the sworn Statement of 4
the applicant as sufficient
9. Original pension having been allowed /
any subsequent Increase OF pension must Il
be based on the TACT that there is Increased
fDcapacii alton for earning a support nv
manual labor and must be adjudicated. /
50 Tar as commencement of the Increased 4
rate Is concerned. under section 469s 10 Il
X. d. U. 4.
q. All former rules and decisions IN oon
thct herewith are hereby set aside
WEBSTER DAVIS.
Assistant Secretary,
N ~ xt,-,,r,ar r,o 80 <...- 4