The National tribune. [volume] (Washington, D.C.) 1877-1917, 1898-08-25
PENSION DECISIONS.
Cases Disposed of by Assistant Score
tary Davis.

Mr. Davis handed down a decision that
settles the reasonable status of all SOL
diers who served in Knap's Battery, Pa
Militia.
The claim is that of Walter Morris. a
private belonging to said battery. While
in the service and line OF duty at Han
cock, Md. in July, 1863, he sustained an
injury of the left foot by a cannon running
over it. His claim was rejected in Feb
ruary, 1896, on the ground that the or
the injury was incurred was not mustered
into the service of the United States.
In deciding the appeal to the Secretary
of the Interior Mr. Davis says:
ut appears that the organization to
which the soldier belonged was called into
service by the authority of the President:
that it was turned over to United State
officers and by them ordered outside the
State OF Pennsylvania for duty in the
State OF Maryland, and that the members
were paid by the General Government at
the time OF muster out.
Now the question arises, was appellant
while a member of the Pennsylvania
militia, serving in the State of Maryland,
where he incurred his injury, in the Serv-
ice of the United States or in the service
of the State OF Pennsylvania alone'
"As evidence that the members of this
militia regiment were at that time re-
garded as in the United States service
their muster-in and muster-Out rolls were
filed in the War Department of the United
States. The Governor of Pennsylva-
MIA had no jurisdiction or authority in
Maryland, and could not legally be
operating his troops in that State. The
men did not merely cross the State line
in pursuit of the enemy and return i'm
mediately, but were ordered there by the
United States officers as body of United
States troops, in cOntradistinction from
mere State militia.
This was not the temporary service for
the time being as member of the militia
of any State under orders of an officer of
the United States described in sub-divis-
ion of section 1893, but the service of
enlisted men employed in the military
service of the United States. They were
subject to the orders of the President, be-
ing under his command as Commander
in Chief of the Army of the United States,
and amenable to the Articles of War.
ut is clear, therefore, to my mind, that
this claimant was in the service of the
United States, and the action of the PEN
sion Bureau is, therefore, reversed.
Mr.. Davis has rendered a decision in
the case of William Bouchat, Co. E, 12Sth
Pa, reversing the Commissioner. It is
decided that, under the act of June 81
1890, a claimants occupation alone should
not be taken into consideration, but the
nature of the cause of disability, as it
by manual labor, is the issue presented.
In this decision Secretary Davis says
that Tin claimants declaration he states
his trade and occupation is that of boiler
maker. He asks for a pension because
of the loss of the index finger and rheuma-
tism of his right hand. This loss, i'm my
judgment, is a serious disabling cause to
a carpenter, to a boiler maker, to a ma
chinist, to gardener, or indeed to any
one engaged in manual labor
Then, the medical examinations show
considerable impairment of motion in
shoulders, due to rheumatism, and the
last examination rates for slight deafness
of both ears. These disa bilities affect.
in Il measure, the claimants ability to
perform manual labor, and, in connection
with the first disabling cause mentioned,
constitute, in my judgment, an inability
for the performance of manual labor suf-
ficient to warrant a rating under the law"
Another case was that of John S. Davis.
Co. III, 7th Ohio. 1t was decided that the
rejection of the claim based on a certifi-
cate of examination made by two Sur
geons only, which certificate does not
contain claimants written waiver of ex-
minatiOn by full board and consent to
the examination made was erroneous