The National tribune., 1898-02-10
PENSION DECISIONS.
Cases Disposed of by Assistant
Secretary Davis.

Gibhart Kurtz, Co. X, 18th Mo, made ap-
plica'lon May %, 1896 for increase under
the act Of Aug. 4, 1886, he being pensioned
already al $50 a month for loss OF a forearm
soldier 5 arm was amPutated. He claimed
10 be entitled to an increase of So a month
Tor the reason that the amputaton was so
close to the elbow Joint that it has affected
that Joint and upper arm The claim was
rejected on the ground that the present
rating for claimants disability, the loss Of
the forearm, IS fixed by the statute.
1t was contended on appeal that the evi-
dence showed the claimant entitled under
the provision of the act Of Aug 4, 1886, that
all persons now on the pension rolls, and
all persons hereafter granted pension, who
IN like manner shall have ether lost an
arm at or above the elbow, Or a leg a or
above the knee, or been totally disabled in
the same, shall receive a pension OF $50
month.
The certificate Of medical examination
executed Sept. /, 1897, revealed that the
right forearm was amputated at the elbow
loInt, except two inches Of the ulna. which
IS completely fexed and immovably fixed
on the anterior surface Of arm; fer this
reason We are unable to determine whether
the caronoid process IS present or not, but
probably 1t 5 not. All the radius, even the
head, IS absent"
/ ne Medical Referee, reporting Sept 80,
1897, sad: Ii is in pOsS bic to determine
the exact point Of amputatiOn, for the rea-
son that the head of the radius was re
moved at time OF ampu tation and the
fragment Of the ulna remaining is per
maEently fieSed UPON the arm. The present
cond on of The eibow-join appears to be
as great q disab lily as an amputation
through the joint."
ASSISTANT Secretary Davis, in deciding
the case, says it Is controlled by that OF
William ". Scott. 1t having become ma
terial To ascertain the limits of the elbow,
the Derartm at adopted the definition
found in Gray's Anatomy: THE vertical
extent Of the elboU-ioint is limi ed above
by line CTaWn f.om one Condyle 10 the
other below, by line correspond rig TO
the lowest part of the head of the radius
Mr. DAVIS continues g While the Eoard
Of Examining Surgeons and he Medical
Referee are una bic to fix the exact point OF
amputation, still they agree that the head
OF the radius @as removed n said process"
The ruling in the Scott case was shat the
word Z" elbow - in the act referred to was
used IN the q invent ional IA ther than in the
technical sense, and n harmony W tn the
rue mention Ell IN Grays Anatomy. Mr.
DAVIS says that the evidence in Kurtz'S
casesviewed IN the light of the Scott ruling
shows that soldiers arm was amputated
at the elbow. The Bureaus decision is
reversed"
Mr.. Davis rendered a decision in the case
OF Matilda L., wiGow OF James Ii. Kelly, A.
Nj. :. 2lst d'p't batter, Ohio l.. a. The
question was as to sat fla Ctory evidence as
to l0rg and uaexp3 aimed absence.
The W dow in her application stated that
her husband was dead that he had been
absent for more than twenty years, and she
Lad not heard from him during that period.
in h dec son Mr.. Davis says:
" 1t is shOXn beyond dispute that the sol
der dis ppearei and has not been heard
from since November, 1877, Just before he
stated he was about 20 depart on a long
and more or less dangerous voyage around
the world, and that he has never returned
from tat voy &c &C, ording TO his cX-
press e1 'ntenti Il at his departure. No
explanation whatever of h s IA lure to carry
out h intention, or Of his continuous alb
Sence and silence for more than twenty
years is offered hy the evidence in this case,
o her than the natural Presumption, under
the cir um- tame, >, that he died before he
compile ed h S voyage. and was not able 10
carry out h S intent onS.
- 1t is manifest and indisputable that
the proof in IN case fully r2eetS and fulfills
the conditions and re1uirt ments of the act
OF March i3, 1855, and therefore the death
OF this ol,.ier shGult he accepted as suffi-
GENTLY proved as there II provided.
- In view OF the fore eCing cons deratiOns.
| am clearly of the Op MON that the ground
W on VII ch this ella m WIS rejected is not
tenable under the eviderce on file, and con
seluently sad action of reiec, ion is hereby
reversed and set aside"