Evening star., 1897-07-29
New Code for Adjudicating Claims for
Pensions.
SWEEPING NOTIFICATIONS RESULT
A Safe, Speedy and Uniform Sys-
tenn to Be Substituted.
LIBERAL INTERPRETATION

the adjudication of pension claims under
the second section of the act of June q,
1890, has been made by Assistant Secretary
of the Interior Webster Davis, and sweep
ing notifications in the present practices
are the result. The changes are embodied
in instructions to the commissioner of PEN
sions in which 1t is stated that representa-
tions were made that the present rules rem
der the administration of the law difficult
and embarrassing. The new code will FUR
nish a safe speedy and uniform system
of adjudicating this large class Of cases.
Assistant Secretary Davis holds that the
very nature of pension cases foroids the ap-
plication of the strictness and technicality
of court proceedings, that 1t was not Con-
gress' intention to hedge the administra-
ton of these laws with the difficulties ana
pitfalls of any system of special pleading,
whose technicalities and refnements may
tend to a practical defeat of the govern
ments benevolent purposes. The modifica-
tions are made in six rules, and former
rules and decisions In conflict with them
are set aside.
Assistant Secretary Davis Letter.
The letter is as follows:
The Commissioner of Pensions.
Sir: 1 have considered your suggestions
relative to a modification of the rules gov
erning the adjudication of claims arising
under the second section of the act of June
-, 1880. 1t is represented to me that the
present rules by reason of technicalttles,
necessftate an uneconomical distribution OF
the clerical force at your command and
in other ways render the administration
of the law difficult and embarrassing.
After a careful examination of the vari-
Gus enactments of law that go to make up
the pension system, l cannot think 1t was
the intention of Congress to hedge their
administration with the difficulties and pit
falls of any system of special pleading, the
technicalities and refnements of which
may tend to a practical defeat of the be-
nevolent aid intended to be extended to
the soldiers of the republic.
The pension law is essentially a law sui
generis. and while proceeding had there
uEGer. when not expressly regulated by
statute, may draw to itself the aid of
tain conons of law and rules of evidence,
yet the very nature of cases arising under
this law forbids that Strictness and techni-
caIity that attend upon regular court pro-
cCedngs.
Here, the will of the legislature beinf;
ascertained. the attendant proceedings
should be as simple as possible. multi
tude of rules tends to confusion. and the
way of the claimant should net be hedgeu
about with any difficulty that can be avoid
ed.
The act of June p. $780, provides that
pension there under shall commence from
the date of the filing Of the application in
the pension office, after the passage of this
act, upon proof that the disability then ex-
isleh. 81 llldl dpptlcdllOn must be Nldue
in order to receive pension under this
act.
Invalid Pensions.
In its terms this law declares that all
persons who served ninety days or more
in the military or naval service of the
United States during the late war of the
rebellion,
And who have been honoraby discharged
therefronl,
And who are now. who may hereafter
be, suffering from mental or physical dis
ability,
OF permanent character, not the result
OF their own vicious habits,
Which incapacitates them from the per-
forniance of manual labor in such a degree
as to render them unable to earn a support
Shall, upon making due proof of the fact
according to such rules and regulations as
the Secretary of the Interior may provide
be placed upon the list of invalid pension
eTS, &c, &c.
Although the statute has clearly indi-
Gated the conditions precedent to title un-
der this law, yet it is silent as to the form
OF the application. 1t has, however, con-
ferred upon the Secretary of the Interior
the power to make rules. by which due
proof shall be made, of the facts required
TO be established, in order to draw to the
applicant the benefits of the statute an1
this power, l take it. includes authority to
prescribe what shall constitute an 'appl-
cation within the meaning and intent of
the law.
After a careful consideration of the whole
matter, have concluded that a faithful
compliance with the following rules will
obviate the difficulties complained of and
furnish safe, speedy and uniform system
or adJudicating claims that arise under the
second section of the act of June 81, 1890,
namely: '
Rules to eB Observed.
l. Every application for pension under
the second section of the act of June 81
iSsp should state that the same is made
uhder SAID act, the dates of enlistment and
discharge, the name or nature of the dis
eases. wounds or injuries by which the
claimant is disabled, and that they are rot
due to vicious habits: Provided however
| that the omission of any of these aver
ments shall not invalidate the application
! Cthe intent to claim pension being manifest
ana the declaration being executed in ac-
cordance with law), but such applica ion
| shall be subject to amendment by means
| of supplemental affidavit in the particu-
| lars wherein it is defective; said supple
mental afi1davit, or affidavits, to be read
| IN connection with and as a part of the ap-
pllcation itself; and provided further, that
| declaration in the terms of the act shall
| be sufficient.
2. Should the paper filed fail to show
| upon its face with certainty that 1t is in
tended as a claim for the benefits of the
act of June y, 1880, the claimant NAV
! make it certain, by means of a supplement
| thi dihudNit, WHICH Shall De READ In con-
nection with and as a part of the original
| application.
3. Should the medical examination dis
| close the existence of any disease wound
! or injury not alleged In the original or
| amendatory application. which is a factor
| in the applicants inability to earn sup
| port by manual labor, the claimant shall
| be called upon to state, under OATH the
| time. place and circumstances when, where
| and under which such wound or injury was
| received, or disease contracted, and
| whether it was in any manner caused by
| vicious habits.
f. Should the wound. injury or disease
not specified in the original or amenda tory
| declaration, but discovered on medical ex-
| animation, be shown to have existed at
| the time when the original declaration was
| filed, and 1t is found not TO be due to vicious
! habits, 1t shall be taken into account the
|