The National tribune., 1898-01-20
PENSION DECISIONS.
Cases Disposed Of by Assistant
Secretary Davis.

In the case Of Harrison b. George, Co. G,
81 Vt. III. A., in which the action of the
Bureau, rejecting claim for increase, was re-
veISed, claimant contended that lie had
been entitled 10 the benefits of the act Of
July II, 1892; that he required the frequent
and periodical aid and attendance OF an
other person, and had required such for the
past seven or eight yeats.
The Medical Referee, on July q, 1892,
reported the soldier as pens:oned under the
:" chronic hepattis and disease of the
lungs" The testimony indicated, the
Referee declared, that claimant was con-
fined 10 his house from three To six months
each year, and during this confinement re-
curing The personal aid Of another; that
the testimony failed to show that during the
remainder OF the year he requires attend
ance. The Referee held that the case did
not come within the act Of july II, 1852,
providing ra,e OF $50. on cases requiring
frequent and periodical though not regular
and constant personal aid and attendance
OF another person.
After reviewing the medical exam ma ton
on the appl cation for increase, the de-
ciSio1 of Assistant Secretary Davis reads
The words frequent and periCdical
are in express terms c3ntra3isting Iishci
f. ON the words regular and con- TAM > and
clearly indicate that periods OF time may
occur when aid is not required, and yet he
soldier be emitted to the IA named. The
condition named in this act must occur at
stated intervals the length OF time be
tween the recurrence is largely que st;on
OF Judgment, as t. the intent of Congress.
AT the time OF the passage OF the act
there was no intermediate rate for the class
of claimants between second grade, or $50
on account OF total disability To rerform
manual labor, and the 81 rate provided
for by The act OF March 4, 1890. The evil
dent ob'e"t Of Congress was to Iro2ide an
intermediate rate for those who, in addit on
TO their inability TO p2rfDrm any manu- !
labor, were so totally and permanently
helpless as 10 reluife the regular aid AMI
attendance of another person.
The act OF March a. 1890, required to al
and perma re 1t helplessness. The act of
July "A, 1872. required to.al inca, acity 10
perto IN m n al / Dor. Here is wide dis
tinct on In the degree Of d sab litv The
first act Ie1u res that the dCgr g of dis
alb ltty shall be permanent. The second
act names no sgch Cond on. Then fol-
lowing out the line OF distinction between
the two condt ons nameI, thew say that
the necessity for aid in the latter c3se
shall be frequent j. e., shall exist ire
quently, and periodical, j. e., al stated
times. returning regularly after a certain
per cd Ct time, and then, as if TO emphasize
the d Stinct on to be re n he different
degrees Of at enhance required IN tn : act
from that :e4u rel IN the act Of Mach T.
1890, they add No. regular and constant
. The act was evidently dcsignei to leave
a margin for discretion on the part Of the
Comm ssioner OF Pensions aud the Secre-
tary OF the interior. to be iud cousIy ex-
ercised in those cases where the dcgfce of
disability exceeded mere inability 10
perform manual labor, yet ie'l sh ,rt of
permanent, total heiple ssness In the
exercise OF that discreet on pens 0ns
have been ganted under the act Of July
IA, 1892, where the amount of attention
was slight and of short duration where
the condition necessitating such aid and
attendance was continuing and permanent.
. Claimants disability is evidently con
| tinuing and permanent, and if tn is so,
his case uould come within the rule
ammo !nccd in the case OF Cyrus c. Wheaton,
but, as before stated, the act Of July II,
1 1892, does not, IN terms, require that the
disability shall be Eerma nent
- | am OF the opin on that where a soldier
has been confined 10 his bed every few
weeks for eight years, AMI has to have the
attendance OF another person nearly enc
half Of the time, and is totally n.aEaci-
tated for performing manual labor by
reason IF pens:oned causes OF service
origin. he is shown 10 require frequent and
periodical aid ami attendance within the
meaning Of the act of July IA, 1892 and is
entitled to the $50 rate, from the date of
| the certificate Of the Examining Surgeons
showing such degree of disability, subse-
quent TO the passage Of this act"