The National tribune. [volume] (Washington, D.C.) 1877-1917, 1898-03-24
PENSION DECISIONS.
Cases Disposed Of by Assistant
Secretary Davis.

In the case OF Isaac Goodwin, Co. I, 34th
Ind, the Assistant Secretary reversed the
decision of the Bureau. The soldier is
penSioned at S24 month. He filed claim
for increase, June IS, 1897, and requested
that he be granted ''home examination, :"
as he was physically unable TO appear be-
fore u Board Of Surgeons. An order Tor
home examination was accordingly is
sued Sept. -, 1897 and sent to a physician
in a Nebraska town although he had
ceased TO be a member of the Board at that
place Aug. 81, 1897; Notwithstanding which
iaCt he made an examination and for
wardetI his certificate dated Sept. 81. Other
evidence was filed. The claim in due
course was rejected The claimants at
torney appealed, claiming that he had not
been accorded an impartial examination
by a duly-aualified and sworn Medical
Examiner, etc, as provided by law, and
that AT the time protest had been made,
on account of alleged prejudice on the
part OF the physician. The Assistant Sec
rotary says that without entering into the
question as TO whether the claimant is en-
titled to an increase by reason OF pen
stoned causes or any pathological sequelB
thereof which fact however, can only be
determined after the claimant shall have
been examined by properly authorized
Examining Surgeon or Board, there IS
not room for doubt but what the order
for the medical examination held IN conSe-
quence of the claim for increase was is
sued to a physician whose official con-
Gection with the Bureau as an Examining
Surgeon had terminated; that the examna-
ton was without warrant of law, and that
his certificate of the same should be re-
garded as null and void. Neither can the
certificate be looked upon in the light of
that of civil surgeon, as 1t IS not sworn
to- nor was the order issued with that OBJ
ject" The case is ordered reopened.
In the case of Mary, widow of James II.
Brady, Co. E, 9Th Prov En-. Mo. Mil, claim
ants husband served as a substitute in
the organization mentioned, from the Fall
of 1868 until the day OF his death. Jan. %,
1854. This organization was accepted and
mustered into the service of the United
States in August, 1864. The claim was
rejected Jan rs. 1880, on the ground that
the soldier was not in the service OF the
United States at the date of his death, and
the 9th Prov Fin. Mo. Mil. did not become
the 10Th Mo Cav and in the United States
service until August 1864. The claim was
reoDened on report from the Auditor Tor the
War Deoartm cnt-TAomaS +. JeSSuD,
private 0ile man for whom Brady was sub
stitute) Co L. 9th Prov. En-. Mo. Mil,
ordered into active service June 10, 1868;
relieved from further duty with the COM
pany Feb %. 1864; 259 days actual serv-
ice. The claim was again rejected on the
ground that it appeared from the War De
partment records and evidence obtained on
special examination that claimants hus-
band was never mustered into the service
of the United States. Appeal was taken.
the contention being that the " ar Depart
ment records and the evidence show that
the company in which Brady served re
ceived pay back to November, 1858
The special examination evidence makes