The National tribune., 1899-09-14
A VERY OLD AND SOUND RULE

",
Avenue. New York City.
A VERY OLD AND SOUND RULE
says that words in law must be so construed
as to further the purpose of the law, if that
can reasonably be done.
This law does not require that the dis
ability shall be traced to something that
occurred to the soldier while in service.
| 1t asks:
1. Did he serve in the war of the rebellion
| for at least 80 days?
2. Was he honorabIy discharged?
3. Is he suffering from a mental or
physical disability of permanent char
acter, not the result of his own vicious
habits, which incapacitates him from the
performance of manual labor in such de-
gree as to render him unable to earn a SUD
port?
| II his proof makes answer yves" to each
and all of these questions, his name ought
TO go upon the pension roll
THE MANIFEST PURPOSE OF THIS LAW
IS to place upon the pension roll disabled
soldiers whose disability is of a permanent
character, provided they served the statu-
tory time. Were hOnorably discharged, and
did not by vicious habits contribute to the
disability. .~
To so construe the word "a" as to refuse a
| pension unless some one deficiency as to
eyes, ear heart, leg, or arm incapacitated
him, and to refuse pension where as a re-
suit of partial defects in several limbs and
organs owing to different causes he cannot
earn a living by manual labor. would
nullify the law as to many. The material
matters are the incapacity to labor and its
permanency.
The law intended to keep permanently
disabled soldiers of the war OF the rebellion,
who cannot by manual labor support them
selves. out of the poorhouse, provided they
mad served at least 30 days and were not
nTIgtx- IN, fsY,IIf
strued as to aid that purpose unless reason
| forbids. Can com non sense say that Con
| gresS intenCef to exclude from this bounty
| any permanently disabled soldier of 80 DAYS
| or more who was not III fault as to his dis
| ability? Until common sense can answer
yes, and give good reason for such ex-
clusion, "a must help and not oppose the
purpose of the law.
The act of June 27, 1890, provides that
pension shall commence from the date of
the hllng OF the application in tine Pension
Office, after the passage of this act. IIpon
proof that the disability then existed, and
shall continue during the existence of the
same. From the passage of the act and
until 1893 the Pension Bureau dated the
| commencement of the pension, in an ap-
phcation filed hereunder, from the date OF
the filing OF such application. In some
| cases where an applicant was ordered before
an examining board and the board making
the examination reported the applicant as
not disabled in a penSionable degree, upon
the filing OF medical evidence controverting
the adverse report of the examining board
the applicant was again ordered for ex-
animation, and if the report of such second
examination was favorable his pension was
granted to commence from the date of the
filing OF his application. This practice was
emlnently proper and just to the claimant,
for the reason that the Government ac-
cepted the favorable report made by
the second examining board, when
such favorable report controverted the
adverse report made by the first ex-
amining board. If the applicant furnished
evidence showing that he was disabled at
the date Of the filing Of his application, it
was presumed that the report of the first
board who examined him was an error
This. gave to an applicant the arrears of
pension covering the period from the date
OF the filing OF his original application and
in some cases amounting to quite a sum of
money.
1t was also held sufficient if the applicant
alleged in his application that he was dis
abled, and he was notrequired todefine with
exactness the specific nature of his dis
abilities; For instance. if an applicant
stated that he was suffering from and dis
abled by an affection of the back, and it was
subsequently found upon medical examin-
alton that the disability so affecting the
applicant was lumbago or rheumatism, his
general allegation of the affection of back
stoned accordingly from the date of the
fling of his application.
With the change of policy in 1893 the
practice of filing
SUPPLEMENTAL DECLARATION"
was born. Thus for instance, if an ap-
plicant had filed his claim in july. 1890.
and such claim remained unadjudicated in
1893 and its allowance was apparently in
eyitable, say, at SO per month the minimum
rate prescribed by the act, or s72 per annum,
and the arrears of pension for three years
could be cut off, saving to the Government
OF S216 could be made. If this could be ac-
complished in thousands of cases and under
color of law, or in such way as to give it
some semblance of legality, the saving
would be immense. No one would suffer
except the humble applicants, and they
decision. which, if they could read and under
stand it, would make them thankful that
their pensions We're commenced at all and
that they, were permitted the privilege of
drawing them in the future. In the case of
Charles j. Bryant (Secretary's Pension
Decisions. Vol. I, page 299, Dec 20, 1891
it was held:
"If the original declaration sets forth the
existence of certain disabling causes, and
none whatever are found upon examination
no pension may be allowed. and further
adjudication must be dependent upon the
filing of a new declaration"
This decision instituted the practice of
filing what are known as Supplemental
declarations" under the act of June q, 1890.
The effect of this practice may be briefly
recited. If A. filed an application for pen
sion under the said act in 1892 and was
examined a year thereafter by an examin-
ing board who reported that he was not dis
abled in pensionable degree he was re-
quired, before he could secure reconsider
alton of his claim, to file new or Supple |
mental declaration" and to support the
same by medical evidence showing, as a |
matter OF fact, that he was disabled by