The National tribune., 1899-04-27

1881 that widows title to pension under
the act of June 81, 1890, does not depend
upon the amount of actual income or
actual principal sum from which an in
come may he derived: "One might be
possessed of real estate worth 900
| from which no income was received, or
one might have principal sum Tor its
equivalent of 81 900 which by force of cir-
cumstanccs yielded an income or its
equivalent of $500 yearly. In neither OF
the cases would a Claiming widow fali
within the benefits of the act OF June ~,
| 1890. 1t is the means of support-that
is, the resources from which a support
may be Obtained-that must constitute
the basis of Judgment. The resource may
be a principal sum or its equivalent, 1t
may be an income or the use of some
thing capable of producing an income, or
it may be all these combined.
ain the case at bar the claimant holds
the fee simple to a piece of land worth
5000, and this tact of itself practically
places her beyond the benefits OF the ACT
invoked but she has, in addition TO thiS
principal sum, the income which may De
derived from "A larger and more valuaDle
parcel of land, and the right OF TINS IN
come is hers by virtue of law during her
natural life. The claimant con-
tends that her property will not AGE
uuately support her, and the Speciai EX-
amincr states that the income derived
although variable, would not comfortaply
support claimant. The law does not TAKE
into consideration either n comfortable vi
adequate support. Adequate ana cohi
Portable are very variable terms when ap
piled to ones support, ana lhe,e io h
warrant for allowing such words to be
injected into the act or to conStrue Salu
act in a manner which would be equlVa-
lent to such a reading. -
The above, quoted from the decision III
this case, indicates the apparently se.
tied construction of the act OF lSSO, as 10
widows title hereunder, by me Peetth. tha
Administration. 1t is Identical win ,he
holding of the Cleveland Administrator.
Attorneys Fecs-ln the case OF Geo.
Raltzer the claimant was originally pen
stoned under the act OF June -, io"",
then his claim under the general law Wa Wa
granted, and he dropped his act, ,oi-lo9o
pension: subsequently he applied again
Under the act OF 1890, with view to OBJ
tanning a vet higher rate, whlch was
eventually granted. The Pension, amd nu
reau held that this was renewal anu
increase" under the act OF lS9o, anu Wy
attorneys fee So only; but it IS aecia,eH ,sae
Assistant Secretary Davis, Nov. 10, loSo,'
that the case is properly one OF SI;t,, leS.1
tion," because pensionabie oisapiS
under the act of 1890 had TO be showii
anew, and that the attorneys fee shouiu
be so.
Pathological Sequence.-"Nelther pa
ralysis agitanS nor cerebro spinai Sois
sis bears any casual relation 10 chIo'it'S
diarrhea or any sequelR thereof. SuCn
is the decision Assistant Secretary DAVIS
Nov. 81, 1881 in the case of George ID
Cock, based on an opinion OF the Mcdlcai
Referee of the Pension Bureau; tHe pio
fessionaI opinions and conclusions oi SIX
reputable, competent physlclahs 10 s
contrary Notwithstanding. The ciaitiidi1
hyrI
has carefully studied his own case. But
the Medical Referee is able to sus'Ilii
the adverse report of the Board Oh IN
amininr Surgeons in the case by an
array of cited authorities apparently sa'-
isfactOry to the Department ,;
Evidence-New Disability ner Ge
ion i'm the case of Matthias NJ. Bruher
illustrates the result of neglect or lehol
ance, or both, on the part OF thousanus
of old soldiers Who applied Tor pension
not long after the war. Attorneys were
often at fault too, doubtless. Inns ciaini
ant first filed claim on wounds ohiy, @ aiiu
obtained pension thereon. Years aiteI'
he annIied on deafness Of service origin.
hut there was mo record" and no 0''lef
satisfactory" evidence Of origin OF deal-
ness in service as claimed, and so tne
Pension Bureau rejected the claini' iiS
decision (ASSiStant Secretary DAVIS Ny.
%, 1891 says. at is unreasonable ~
believe that IL Claimant
impaired to the degree and from tls cauoe
alleged. and which disability would nave
entitled him to higher rate oil pension
han he received from his wounds, lhat
he would have delayed for q years 70
a assert his lega! right and accept tne
bounty which the Government had af
tinuolisly rendered him from the date vi
discharge, when during the same pfflod
ne was seeking to secure the hlghest fale
-or his other disabilities.
'eTo ignore the presumption raised by
MS silence and delay is to REJECT tne
elemental rules OF evidence and the plaln
teachings of everyday PRACTICAL eNpefi-
.nce." The presumption referred to is
hat a man entitled to pension Will Apply
ior it within reasonable time. Il
Deser,ion 1.-The decision in the case OF
he widow of John Sullivan iAssistaht
Secretary Davis, Nov. g, 1893, brings 'he |
question of the effect of a record OF de-
iiert;on on pension title under the. gen.
,rai law almost back to the point Where !
4 was left by the Harrison Administra-
ion. Ii is now held that if soldier re-
enlisted without discharge from a 1ormer
enlistment, he is entitled to pension on
disability incurred alter the date wien
,ynired. In short, his second service Is
leid 10 be legal from and alter the date
yhen the term of his former enlistment |
would have expired.
Abandoned Pension Cases.-t is un-
lerstood that the Commissioner OF Pen
sions contemplates having all pension
Eases that az regarded as abandoned by |
he claimants put away by themselves in
files separate from the others. Many |
claimants who cannot hear from the Pen
sion Bureau will doubtless want to know
y hetfer their cases are included in that
lass a special file for cases abandoned
~ the Pension Bureau would seem to be
m order