The National tribune., 1898-01-13
PENSION DECISIONS.
Cases Of Interest Disposed of
by MIR. Davis.

Assistant Secretary nf the Interior, Web
ster Davis this week rendered decision
in which he reversed the rejection of the
Comm .ss;oner- of Pens ons in the claim of
Leon Snive!y, Co. b, 154th Ohio.
he sod er alleged that while in the
service and line of duty IN June, 1864, he
was afflicted with carbuncle on his neck,
and that subsequently, in August, 1864, he
contracted typhoid fever, which resulted in
deafness of ECth ears, and that he has
keen permanently and continuously dis
abled since. In his opinion, Assistant Sec
retaTy Davis says:
'It is conceded by the Department that
the evidence will not establish the fact
that a permanent disability resulted from
the carbunc.e on the meek, or that the sol
der has suffered any lncOnven ence from
same since recovery from said carbuncle.
after resubmittlng the papers 20 the
Bureau, seeking an advisory opinion upon
the medical issue presented alone, which
involved the possible result of deafness
from typhoid fever, | have no hesitation IN
stating that | believe that the testimony
submitted is amply sufficient to show the
incurence Of typhoid fever in the service.
The Surgeon who treated the solder fCr it
teStties 10 this fact, and the soldiers COM
rades fortify this test mony in satisfac
tory way.
4" 1t Eerefore remains only to consider
tie isSuei as TO whether deafness is or is
not Il pathological result of the fever in the
case The medical examinations disclose
the existence OF this disability, and your
Medical Referee, while stating that it may
not be shown that the deafness in this
case is the direct result of the typhoid
fever states the test imony in the case
tends to show that the soldier suffered from
the deafness Immediately after the fever,
and expressed the ftriher belief that the
benefit OF the doubt should be resolved in
-. nf fho
with my appreciation, and reverse the re-
lection"
Mr.. Davis rendered a decision in the
case of Jason p. Brown. u. s. Navy, re-
iected by the Bureau. The action OF the
Bureau is overrulcd and the claim allowed.
1t is for a sailors pension under the act Of
June u, 1880. Assistant Secretary. Davis
says:
1t appears that claimant was pensiOned
under act OF June y. 1890. based on his
services as an Acting Third Assistant
Engineer in the Navv, at SS per month.
Due notice having been previously given
to claimant he was dropped from the rolls
March Il, 1896, for the reason that he did
not serve 50 davs during the rebellion.
The records of the War Department show
that claimant was appointed an Acting
Assistant Engineer, April II, 1855, and
ordered to report to the Comnlandant of the
Portsmouth Navy yard for duty on the
L.
until May 10, 1866, when detached and
granted leave OF absence prior to dis
charge; and that he was honCrably dis
charged June 10, 1866.
1.-The Tioga was put in comm iSSiOn on
June 8, 1865 and from that time was &C
lively employed as an armed United States
naval cruiser stationed on the Atlantic
1hnd Gulf coasts of the United States un-
I'll May 10, 1866. During this period from
Jan /, 1866 until April 10 thereafter said
cruiser remained of the coasts of Texas
The discharge certificate OF claimant reads
as follows:
THE war FOR the preservation of the
Union having under the beneficial guidance
OF almighty God been brought to success
ful termination, a reduction of the naval
forces becomes necessary. Having served
with fidelity in the United States Navy
from the 18th Of April, 1865, to the present
date, YOU are hereby honoratIy dis charged
with the thanks Of the Department
''It Will be observed that the claimant
had 80 out of the requisite so days to his
credit on July /, 1S6j-a fact which, from
an equitable po mt OF view, commendS the
claim TO the favorable consideration of the
Department. The further fact that the
armed cruiser upon which ella mant served
remained off the coast of Texas frcm the
1st Of January to the 10th OF April, 1866
creates the presumption that said service
was rendered in furtherance of the sup
preston of armed hostility in that State.
'In the certificate OF discharge the Sec
retary of the Navy assigns as reason
therefor the fact that the war for the
preservation of the Union had been
brought to a successful termination. This,
it seems, is an implied declaration to
the effect that claimants S service had been
rendered in the war OF the rebel on.
''The action of the Pension Rureau in
dropping said claimant from the rolls is,
therefore, reversed"
In the case of Charles ". Coullard, Co.
d, Goth Me-, in which the action OF the
Bureau was affirmed the Assistant Secre-
tary set forth this principle:
. Whenever, in claim for increase OF
pension under tn. general law, an appli-
cant, after long and unexplained silence,
alleges a new disability of which thee is
neither record nor medical evidence, the