The National tribune., 1899-09-14

] dppfopflsttiOfl- sio II
did the largest item of eXpeditlres, pre-
Senfed the most convenient branch to the
pruning knife. 1t was necessary to have a
surplus. or at least a clean balance. Ihe
Bennett decision was rendered, Order NO.
164 was revoked, and thus the blood of the
soldiers became the seed of the surplus.
Under date of June 8, 1898,
ORDER NO. 225
was issued, as follows:
| DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS.
| WASHINGTON, ID. c., June 9, 1893.
Order No. DDS.
As to the ad5udicating and fixing rates
OF pension under the act of June %, 1890.
% A claim for pension under the second
| section OF the act of June 81, 1890, can only
be allowed upon proof of mental or physi-
cal disability of permanent character,
not the result of the claimants own vicious
habits, incapacitating him from the per
formance of manual labor in such n degree
as torender him unable to earn support.
/ (2) No specific injury or disability can
as such have a pensionable rating under
that act nor be considered otherwise than
rs it affects the capacity of the claimant
10 perform ordinary manual labor.
81 Proof that the disability is not the
result of the claimants own vicious habits
is requisite, and therefore the causes and
circumstances of the origin of the disability
should be shown by the evidence furnished
in support of the claim for pension, so far rs
can be done, and by persons other than the
claimant
| (D To give the claimant a pensionable
status under this act, the disability must
be such as to incapacitate him from the
performance of manual labor in such a
degree as to render him unable to earn a
support. yet the act recognizes differences
IN the de"ree of such pensionable disability,
and S6 per month in case of the lowest
degree of such pensionable disability rem
derIng the claimant unable to earn sup
port by manual labor. 1t also provides
Tor intermediate ratings proportioned for
the intermediate degrees Of such pension
able disability. The proper ratings under
this act will therefore be made in accordance
with such rules for rating as the Medical
| Referee snail prescribe, subject to the ap-
proval of the Commissioner of Pensions.
Order 225, as will be seen, follows closely
IN the line OF the doctrine set forth in the
| Bennett decision. Where, under the former
practice, if an invalid applicant for pension
was found upon examination to be suffering
| from two or more disabilities, the aggre-
gate of which would entitle him to the
rating of So, IS, $40, or Sl2 per month under
said act according to the degree of the
a claimants disabilities were no longer
considered collectively, but each individual
disability was looked on rs though each
one existed in different person, and unless
one OF the disabilities claimed for caused
a disability equal to the minimum rate
OF disability onc-half of totaD, no rating
was given and the claim was rejected upon
the ground of no disability.
| Rule 20 Still remains in practical effect.
although it is claimed there have been
notifications in the practice. Under De-
eislon No. SO, bearing date of July II, 1899,
the Honorable the Assistant Secre-
tary of the Interior held in the appeal case
CHARLES NORBURY ALIAS WILLIAM
WALKER
Il. Pensions under section of the act
of June 81, 1890, can not be rated rs under
sections 1892 and 4693, Revised Statutes,
| or the act of Aug. 81, 1888.
y. To be ratable under the second sec
| ton VI the act of June 27, 1890, disability
must not only be of permanent character,
| rot the result of claimants vicious habits,
| but must incapacitate him for the perform
ance oil manual labor, and that in degree
rendering him unable to earn a support
y. Total deafness of one ear only is
not a pensionable condition under said act. {"
In discussing the appeal the Honorable
the Assistant Secretary says:
Order 164 was an extremely liberal con-
struction of the law as to rating under the
| actof June n, 1890; indeed, it could not be
consistently maintained when the terms
of the act were compared with former laws
On the other hand, Order 225, as put into
| effect and as formerly construed, went to
the other extreme, and in many cases re-
suited in great injustice TO claimants
This was remedied in a large measure by
a more liberal construction of said order,
/ which. on its face, is not regarded objec-
tIonable, properly construed, but much
depends upon how it is construed"
Concluding, he uses these significant
words:
at will he observed that in the last clause
of Order 225 the question of rating is left
largely at the discretion of the Medical
Referee, subject to the approval of the Com
missioner of Pensions.
"As already indicated, much depends
upon the construction given to the law
| and the order (225) now in force. Ii should
| be borne in mind that the average age of
the surviving soldiers who were in the war
of the rebellion is 60 years or upward.
1t is not an unreasonable presumption that
nearly all are in some degree mentally or
physically disabled. The spirit of the
law and the circumstances attending its
enactment certainly warrant the conclu-
sion that a liberal Interpretation should
be given and relief granted, at least. at the
minimum rate, if an appreciable disability
which impairs ability for self-support by
| manual labor is shown to exist"