The National tribune., 1898-03-03
AN IMPORTANT ORDER.
Last week Assistan: Secretary Davis
issued the followipp Orderf

of June q, 1890. in accordance with the de
cisions rendered May 81. 1893, in the case o
Charles 7. Bennett q P. D., p. l., shall b
examined with great care. In cases wher
the evidence filed, or the certificate of exami
, nation, indicates that the pension Originate,
allowed was warranted under just and i'm
partial construction of the law, they should
be returned to the Bureau of Pensions for {:
special examination or another medical ex
: animation, or both. as may be deemed neCes-
sary.
1t is held TO be proper and Just that such
pensioners shall be granted a fair hearing,
and be allowed an opportunity TO show by
competent proof that ey were disabled in
the degree, and on account of the causes
alleged, at the date when the pension was
reduced or terminated. 1t will be under
stood that this action disposes of the pending
appeal in such cases by reversing the action
taken bv the Bureau of Pensions. and re-
manding the case for further investigation,
the reasons therefor being fully set forth.
This bears directly upon some $4,000
cases in which pensions were reduced or
taken away under the notorious Ben
nett decision, and Order 225, based
thereon, and upon which appeal has
been taken to the Secretary of the In
terror. Just what bearing it will have
remains to be seen, for the meaning of
the order is by no means clear, and we
shall have to wait to see the meaning
interpreted by the practice under it.
1t enunciates no new rule governing
the allowance of claims, and it does not
abrogate, revoke or expressly modify the
odious Order 225, issued by Hoke Smith,
which was the source of so much cruelty
and injustice to the pensioners, and
which still continues to govern the pro-
ceedings of the Pension Bureau in spite
of all the protests against it.
As near as we can understand the
new order, it merely directs that all the
appealed cases which seem to have been
originally allowed "under a just and
impartial construction of the law"
shall be sent back to the Commissioner
of Pensions for a re-examination.
The question at once becomes all
important: What is a just and i'm
partial construction of the act of June
81, 1902"
Commissioner Raum-who was one of
the very ablest Commissioners who ever
filled the office-believed that the con-
struction he put upon it in his Order
164 was "just and impartial"
We emphatically believe that it was
Two Congresses believed that it was, for
they unhesitatingly voted him the money
to carry out his construction. One of
thsoe Congresses was hostile to him polit-
icaly, and made rigid investigation of
his administration, in which, however,
there was no question made but that his
construction was entirely correct and
sound.
On the other hand, Hoke Smith and
VIM. Lochren made very much narrower
and We think grossly unjust interpreta-
ton Of the act Of June q, 1890, in the
Bennett case and Order 225, which they
equally held to be Just and impartial"
Which Of these conflicting interpreta-
tons is to be held as Gust and inn
partial construction %?
That is a question Of FACILITATING in
terest to the $4,000 claimants who have
appealed to the Secretary against the
harsh ruling of his predecessor. If the
spirit of Order 225 is to continue to
dominate the Pension Bureau, there is
little hope for them that the Commits
sioner Of Pensions will re-examine their
cases with any more favorable eyes than
his predecessor did.
1t is asserted that this new Order is
to be taken in connection with instruc-
tons issued by Assistant Secretary
Davis, July %, 1897, and which read:
1. Every application for pension under the
second section of the act of June 81, 1890
should state that the same is made under said
act, the dates Of enlistment and discharge the
name or nature of the diseases. wounds or in
iuries by which the claimant is disabled. and
that they are not due to vicious habits; Pro-
Uided, hOlCeUer, That the omission of any of
these ayerments shall not invalidate the ap-
plication tthe intent TO claim pension being
manifest and the declaration being executed
in accordance with law J, but such application
shall be subject 10 amendment by means of a
supplemental affidavit in the particulars
wherein it is defective; said supplemental
affidavit or alfidavits TO be read in connection
with and as a part Of the application itself:
4i,d pr0Uided JuIther That declaration ia
the terms Of the act shall be sufficient
2. Should the paper filed fail to show upon
its face with certainty that it is intended az
a claim for the benefits of the act of June q.
1880, the claimant may make it certain by
means of SUPPLEMENTAL affidavit which