Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1898-02-28
PENSIONERS 10 BE HEARD.
Webster Davis RevOkcs an Order
Made by Secretary of the In
terror HOke smith,

Washington. Feb. 27.-(Special) Under a
| decision rendered by the secretary of the
interior. Hoke Smith. under the Cleveland
administration. May 30 1893 in the case of
| Charles I. Bennett Mr.. Lochran. the COM
missioner of pensions. organized a board
of revisions in the bureau of pensions for
the purpose of taking from the files claims
which has been allowed under the act of
June p. 1890. for re-eXamination. AS a re-
suit of that denomination under instruc-
tions then given pensioners were reduced
or dropped in at least 25cO cases. Upon
careful examination of the action then
taken, Assistant Secretary OF the Interior
Webster Davis has issued the following
order relating to appeals pending before the
department in such cases:
1t is directed that the pending appeals
from the action of reducing or terminat-
ing of pensions granted under the second
section of act of June p. 1880. in accordance
with the decisions rendered May %, 1888
shall be examined with great care. In
cases where the evidence filed or the certifi-
cato. 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 special examina-
tlon or another 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 understood that this action
disposes of the pending appeal in such
cases by reversing the action taken by the
bureau of pensions and remanding the
case for further investigation. the reason
therefor being fully set FORTH
This order will result in giving all
soldiers affected by the Bennett decision
a chance to be heard which is what they
have been contending for ever since that
decision was promulgated.
DIR. Davis also has rendered an important
decision on the question of line of duty"
1t was in the case of the widow of Oscar
Hoffman. Twenty-third United States In
fantry band. who applied for pension
The war department reported that the SOL
der was accidentally killed in line of duty
which on pass to hunt, that such prac-
tice was encouraged in the regular army
because 1t improved the soldiers marks
manshlp and that soldier killed or wound
ed while so engaged not in consequence of
any wilful neglect or improper conduct
was considered in line of duty. The assist
ant secretary holds that as the records of
the war department are usually accepted
as conclusive upon all other questions relat-
ing to a soldiers service, the contemporan-
eouS record by the proper medical official
that the soldier was in line of duty when
Killed should be regarded. in the absence
OF evidence to the contrary. as controlling
upon that question. Where such record
does not appear the question of line of
duty must be determined by the best OBJ
talnable parole evidence in each case.