The National tribune., 1897-09-16
THE COMMITTEE
ON PENSIONS
Report to 31st National En-
campment.

Pension Committees report, being That par
of it which is the reply of certain PENSION
Bureau officials to whom Comwiss; oner Evans
submitted the recommendations of the Commit
tee for consideration. The report says:
These memoranda were by the Commissioners
referred TO his First Deputy, Mr.. j. ID. i'aVen.
y mort and Mr. w. Ii. Bayley. who submitted
their report uron the same 10 Commissioners
Evans as early as May &c, as follows:
MAY 26, 1897.
Hon. II. CLAY EVANS. Commissioner of Pen
sious.
DEAR SIR: We have read aud considered
the recommending questions of Hon. w. w.
Dudley, Hon. Iialhert b. Case and Hon. Il. I.
Stahl members of the G.A.R. Committee on
Pensions and we leg leave to sumbmit the
following:
COMMENCEMENT OF PENSIONS.
J. Relative to the commencement OF rem
sions heretofore discontinued or reduced we
pass this by as impracticahle at present
3 Relative to taking testimony by Special
Examiners in the field: This, too, seems i'm
practicable and we must leave it for your con-
siGeration.
WEIGHT OF TESTIMONY.
g. Relative TO giving the same weight to the
testimony of a private soldier as 10 that OF an
officer aud that no claim shall be rejected be-
cause of claimants inability TO furnish the tes-
Iimony of more than one creditabIe witness:
We believe this suggestion might be iavoraby
considered by you. with some notifications.
The private soldier more frequently IN a
position TO know of the sickness of his comrade
than the officer. The average of intelligence
being higher among officers than comrades
would seem to afford the only legitimate arga-
ment for the practice prevailing at present
g. Calls for evidence shall set forth each and
every fact of which further evideLce is re-
CURED TO complete the case This icing the
rule at present, nc comment is necessary.
THE EXAMINATION OF PAPERS.
s. Relative 10 the rule permitting claim
ant, his attorney or member of Congress 10
examine ali the papers in the case: We do not
believe this would be good general practice,
because, undcr the present practice, the claim
ant and his attorney have access TO all neces-
sary papers, and an extension of the privilege
would probably lead TO abuse, notably III the
case of attorneys, who could use the War De-
partment records for the purpose of filing
claims not otherwise suggested by The claim
ant
RECORDS OF WAR AND NAVY DEPARTMENTS.
g. That the Office shall accept the records of
the War and Navy Departments showing dis
ability 10 have been incurred contracted in
line of duty rs conclusive evidence of that
fact: If this practice should obtain. il should
also include all adverse records from said De-
partment. They too should / e accepted as con-
elusive and not subject 10 rebuttal, as they
now are. We leave ihis for your personal cou-
sideratIon, with the suggestion that the present
practice is based conditions which have
fully warranted the same.
PRESUMPTION OF DEATH.
z Relative to presumption of death after
seven years apparent non-existenre: This
needs no comment. (See act OF March l3
1850
s. Relative to proof of marriage: This would
seem to require your personal consideration.
The practice is based on statutory exactmcnts,
!eg loci governing In ali cases.
3. Relative to the last day of the War of the
Rebellion: II is suggested that Aug 90 1866
is the correct date. in this connection we de-
sire 20 call your attention to the decision of he
Supreme Court of the United States. (See De-
tisiops Of Secretary in Farrell Case, pp $50
4l, Book T..
COMMISSIONER RAUM's RULINGS.
10 That the Office adopt Commissioner
Raum's rulings on grading -of pensions and
suticency of allegation: As this question is
now controlled by the Secretary's decisions, il
must remain as it now stands until he shall
modify or revoke the same. Under this same
head. It is suggested that vicious habits shall
not be presumed against the claimant, uules:
L shall appear 10y the certificate of examna
lion OF the Board of Surgeons or Examining
Surgeon of the Bureau that the disability foi
Rhich the claimant ses ks pension appears Il
De the result Of vicious habits, whereH pom the
claimant shall Ice rallied upon fer evidence Il
'ebut tie same. We are of opinion that ihi.
nactice might be safely adopted
II. That death of a soldier or sailor while il
he OF duty or from disease or jury con
racied ia the service OF the United States anC
ot for or in violation of any law or regu lstior
hereof shall bc considered and held as ecniva
q.
une y, 1890: In this connection. permit u
say that very few cases OF this kind would
ONE under this act, rs, in the event Of sol
iier dying in the service and line of duty. iht
widow is entitled to pension under the genera
~.
WIDOWS INCOME.
II. Relative to the amount Of income :
widow may have AID he entitled 10 pensios
IudeT the act Of June % 1890: The sugces, ioi
acre is $500 per annum. We 10 not agree to St
arge sum, but think possibly an income o
rom $500 TO 500 might be allowed and We
give the widow title to pension
i3 Relative TO compelling widows and de
pendent parents. applying for pension unde
the act Of June q, 1890. TO prove prior servic
Of the soldier 10 the upon which the ciain
for pension is based This rests wholly upol
the question OF desertion, aud If decision 0
the Secretary refusing title, where a soldier de
serted from prior service is revoked proof 0
prior service will be unnecessary
IL Relative TO widows claiming pensio,
under the &c: Of June q, 1880 being requires
10 prove by other than fair presumutlvc cyi
1euce that the soldier had not been marie,
previous 10 her marriage TO him: We wonl
say that II is our opinion that this practice no,
obtains Ia the jurisdiction of widows claims
that presnmptive evidence is accepted wher
al other conditions are favorable in the claim
THE BOARD OF REVIEWS OPINION.
il order 10 give the suggestions thrown on
by your Committee further consideration the
were submitted to the Board OF Review in tn
Pension Department, who. through Repre
sentatIyes +. u. Stephens aud : A. Cuadv sui
mittec TO the Commissioner their conclusion
upon every section in the following reports:
Memorandum relative 10 the points raised i
the paper presented for the consideration {
the honorable Commissioner Of Pensions b
the Pension Committee OF the National In
campmcmt of the Grand Army of the Re
pnblic Submitted under date of Nav q
1897:
Relative to Section !: The rule recon
mended cannot be adopted, as, in eases j
which the reduction was predicated upon III
results of medical examination showing
decreased degree OF disability, such n rul
would conflict with the provisions % Scciio
469s1 T. 5. u. S. II, however, upon the e,
animation Of any given claim ii appears col
cluslvcly that manifest error was committe
by tie Bureau in dropping the peusioner
name from the rolls or in reducing his ratin:
the action should be set aside aud the rension.
granted such rating as is warranted 10y til