The National tribune., 1898-09-08
EXAMINING SURGEONS REPORTS.
Assistant Secretary Davis Mobiles Existing
Practices.

Practices.
Assistant Secretary of the Interior Davis
has again ordered change in Pension
Office practice. fortnight ago he re-
versed the Commissioner regarding claim
ants residing in foreign countries, direct
ing that orders or instructions which, in
effect, suspend or prevent prompt adju-
dicatiOn of claims filed by nOn-residents
shall be revoked and that in this re-
spect there shall be no distinction be-
tween claims filed by those who reside in
this country and those who reside in for
eign countries.
Last week he modified the rule in force
in the Pension Bureau excluding from a
review OF Examining Surgeons reports all
persons save the claimant or his recog-
nized attorney. Mr.. Davis has directed
that the representatives OF recognized at
tOrneyS, who have written authority from
their employers, be granted the same
privilege OF examining the certificates of
Examining Surgeons as is provided by law
FOR the attorneys in person.
The elimination of the various rules
and orders promulgated by the Commits
SiOner of Pensions, and relating to this
issue, is found in his order of Oct. 20,
1897, wherein he declares that "the Ger
tlficaleS Of Examining Surgeons may be
examined or inspected by the claimant
or his recognized attorney in person only,
after final adverse action is taken thereon
and within three months of the notice of
such action" And this only upon the
personal order of the Commissioner or
Deputy Commissioner of Pensions.
1t was urged by the Commissioner of
Pensions that every opportunity should
be afforded and every safeguard adopted
that would permit the Examining Sur
geOnS 70 make an impartial report with
out being affected by local conditions and
influences. The nature of these local
conditions and influences" is apparent in
the complaints OF some Examining Sur
geOns that a knowledge OF their findings
was detrimental to their private business;
that is, that they were embarrassed in
their practice by the knowledge OF
claimant that the Surgeons report was
adverse.
Mr.. Davis holds it was the evident in
tentiOn of the law-making power that the
claimant or his accredited attorney should
have personal knowledge Of the findings OF
the Examining Surgeons, and in denying
this privilege to the accredited represent
alive OF an attorney the spirit of the law
was violated and an injustice done the
claimant. For many attorneys have con-
fdentiai clerks in their employ who are
charged with the supervision of their PEN
sion business.
1t is but Just, Mr. Davis holds, to accord
such confidential agent the same privilege
which the law gives to his superior when
this emplOye or agent appears with proper
from his employer. Ii this privi-
lege is abused the remedy is in the hands
of the Commissioner of Pensions
Therefore, in future, an employe or agent
who appears with written authority from
his employer will be granted the Same
privilege of examining the certificates Of
Examining Surgeons as provided by law
Tor the attorneys in person.
As much trouble and confusion has
arisen from the failure to submit for the ap-
prevail of the Secretary of the interior all
orders, rulings, and instructions issued in
he Bureau of Pensions, it was further
directed that all orders, rulings, or in
,tructions affecting the rights of claim
ants or their properly-accredited attorneys
shall be submitted to the Secretary of the
interior for his information and approval
prior to their promulgatiOn.