The National tribune. [volume] (Washington, D.C.) 1877-1917, 1898-02-17
PENSION DECISIONS.
Cases Disposed of by Assistant
Secretary Davis.

In the case of Stephen Hawkins, CO. c,
23d n. j., and Co. u, 34th n. j., claimant
IS now III receipt of pension OF $40 per
| month on account of gunShot wound OF lett
shoulder, bronchitis, and aphonia. He APP
Piled for increase in July, 1872, alleging
| other troubles; this application not having
| been acted on, he filed another The APP
| plicatiOn was denied, and appeal taken.
| Mr. Davis says: 1.-The testimony OF the
physicians who examined claimant rev eals
| the fact that claimant suffered from
| chronic bronchitis; of suffocative cough
| accompanying this condition most terri bic
| to behold; also, entire loss OF voice Tor
| months at a time; his left leg is paralyzed
and his right leg somewhat affected from
| the same cause; has also lost the sight oil
| both eyes, and cannot feed or dress himself,
| nor go up or down stairs; that he is IN a
| condition of total incapacity to perform any
| manual labor in any manner whatever. or
support himself, and that these disabilities
are of a permanent character, ana not
brought about by any vicious habits.
From all the evidence in this case 1t
appears that claimant is, indeed, IN a de-
plorab condition, and the evidence fairly
shows that he is so disabled from pen
stoned causes as, in my judgment, to be
entitled to an increase of his present rate,
and the action of the Bureau is, therefore,
reversed"
The Assistant Secretary of the Interior
mas IcHueTeu Il decision affecting pSiSoiio
who performed service IN the war OF the
rebellion in the capacity of civilian physi-
clans. The claim is that of L. S. Leonard,
alleged Acting Assistant Contract sur
geon, u. S. A. The decision recites that 1t
appears from the official record of the War
Department, and the testimony of the
appellant and others in this case that
appellant was temporarily employed as a
resident private physician of Ovid, Mich,
to examine and furnish medical attendance
| to certain recruits for the 9th Mich. who
were rendezvoused in that town prior to
being sent to the front to Join the regiment
and only at such time as they were q,
such rendezvous, and that he was paid by
| the Government for such medical attend
| ance rendered them. Mr.. Davis, in his
| decision, says
'The above was the character and the
| sum total of the service rendered by the
appellant, and it is manifest that 1T does
not meet or comply with the conditions OF
penSiOnable service by a contract surgeon
| required by the terms of the fourth sub
| division of section 1893, to give title there
under. He was never regularly attached tC
any military force in the field, or in tran
| stu, or in hospital but was simply EN-
| ployed to give medical attention to, and tt
| attend upon these recruits when his pro
| fessionaI services were needed, so long as
| they remained in the place OF his resi-
| dence, and no longer, and was paid for his
| services, so rendered, just as in the case o.
| other patients in the ordinary practice o.
his profession.
! % 1t is very evident that the terms of the
| fourth subdivision of section 1893, Re
| viSed Statutes, were made as express and
explicit as they are, relative to the kino
and character of service to be rendered
and in the prosecution of which a dis
| ability must have been contracted to give
| pensionable title to contract surgeon
with the express purpose and intent o
| preventing pension being granted, in cases
| like the present one, for disability con
tracted while rendering professional serv-
! ices under Il contract with the Government
which did not differ in any essential par
| ticular from ordinary medical practice not
connected with the military service.
81 am, therefore, clearly of the opinion
| that the rejection of this claim upon the
| ground stated was not error, and said
action is affirmed accordingly"