The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-02-28
HOKE SMITH REVERSED
PENSION DEPARTMENT ISSUES AN
ORDER ON "DROPPED" CASES.
REORGANIZATION Of the Bennett Case
Calls for Prompt ActiOn-"Line
of Duty" Ruling.

WASHINGTON, Feb. 27.-Under a deci-
sion rendered by Secretary of the Interior
Hoke Smith under the Cleveland admins
tration May q, 1898, in the case of Charles
T. Bennett, Mr.. Lochren, the commissioner
of pensions organized board of revision
in the Bureau of Pensions for the purpose
of taking from the files claims which had
been allowed under the act of June II, 1890,
for q re-exa animation. AS a result of that
re-examination, says Assistant Secretary
Webster Davis, pensioners were reduced or
dropped in $1,000 cases at least. Upon
careful examination of the action then
taken Mr.. Davis has issued the following
order relating to appeals pending before the
department in such cases:
1T directed that the pending. appeals
from the action of reducing or terminating
of pensions granted under the second sec
ton of the act of June q, 1890, in accord
ance with the decision rendered May 81
1893, in the case of Charles L. Bennett, shall
be examined with great care. In cases
where the evidence filed, or the certificate
of examination indicates that the pension
originally allowed was warranted under
just and impartial construction of the law,
they should be returned to the Bureau of
Pensions for a special examination, or an
other medical examination, or both, as may
be deemed necessary.
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 they 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 pend
ing appeal in such cases by reversing the
action taken by the Bureau OF Pensions
and demanding the case for further investi-
cation, the reasons therefor being fully set
forth. WEBSTER DAVIS,
Assistant Secretary"
This order, the department says, will re-
suit in giving all soldiers affected by the
Bennett decision a chance to be heard.
Mr.. Davis has also rendered an important
decision on the question of cline of duty"
1t was in the case of the widow of Oscar
Hoffman, Twenty-third United States In
fantry Band, who applied for a. pension.
The War Department reported that the SOL
der was accidentally killed in line of duty
while on a pass to hunt. that such practice
was encouraged in the regular army, be-
cause it improved the soldiers markSman-
ship and that a soldier killed or wounded
while SO engaged, not in consequence of any
willful neglect or improper conduct was
considered in line of duty. The assistant
secretary holds that as the records of the
War Department are usually accepted as
conclusive on all other questions relating
to a soldiers service, the contemporaneous
record by the proper medical officer that the
soldier was in line of duty when killed
should be regarded, in the absence Of evil
denceto the contrary, as controlling on that
question. Where such record does not APP
pear the question Of line of duty must be
determined by the best obtainable parole
evidence in each case.