The National tribune., 1899-06-29

not been incurred in the line of duty was
error, and that the soldier was not out OF
the line of duty when so engaged. In
said decision the following report from the
Adiutant- General of the United States
Army is quoted with appIovaii
Especial orders are never issued directing
soldiers to play baseball, or are there any
general orders on the subject, but athletic
sports by enlisted men are encouraged by
the Department as promoting the efficiency
OF the men, and it has been the rule OF the
Surgeon-General, concurred in by the
Department, to regard injuries received
by officers and enlisted men while engaged
in athletic sports in camp or garrison as
incurred in line of duty. (See Circular q,
Surgeon-General's Office, July %, 1885,
and paragraph 30, circular, Surgeon
Generals Office, May IL, 1899
is as follows:
Injuries received by officers and enlisted
men while engaged in athletic sports,
properly indulged in by them while IN
camp or garrison, are to he regarded as
incurred in the line of duty, provided ordi-
nary care and prudence were exercised
and that the games indulged in were not
of an unfriendly nature nor in pursuance
| of any wager
Paragraph 30 of the circular of the
Surgeon-Generafs Office, May 8, 1893,
reads as follows:
opinion that an injury occurring during
| athletic sports, properly indulged in, was
| received in line of duty, the opinion is
| accepted by this Office as satisfactory and
| final
"These views and regulations of the War
Department apply equally as well to the
case of this appellant as to that of Newman,
and it is clear, therefore, that he would not
be held by that Department as having been
out of the line of his military duty as a
soldier when engaging in athletic sports
in camp, and that if injured when so en-
proper conduct on his part, he would be
deemed by the military authorities to have
| incurred such I'M ury in line of duty.
81 am, therefore. clearly of the opinion
| that the rejection of this claim for additional
pension upon the sole and only ground
| that the alleged injury of appellant was
not incurred in line of duty was error, and
| is not sustained by the facts in evidence in
this case. Said action is, therefore, hereby
| reversed and set aside, and you are re-
queSted to cause said claim to be reOpened
and further considered, and adjudicated
upon its merits"
SPANISH WAR PENSION CLAIMS
Claimants for invalid pension on account
Of disability incurred during the late Span
ish war are beginning to complain OF the
tardineSS of the Pension Bureau in acting
on their cases. 1t is understood that Com
missioner Evans claims that the delay is
due to the War Department, the Record
and Pension Office, which has charge OF
the records of volunteers, not having as yet
completed the work of collecting individual
records on cards for ready reference; but
representative of THE NATIONAL TRIB-
UNE calling on Gen. 3Ainsworth, the able
Chief of the Record and Pension Office,
ascertained that the War Department is
ready and able to furnish within "a hours
such information as the Pension Bureau
may require in these cases. Evidently
some other explanation must be found by
Commissioner Evans for the continued
non-action of his office on the great bulk Of
Spanish war claims.
SPANISH WAR EXTRA PAY-The
Assistant Comptroller of the Treasury
holds that n soldier whose only service
beyond the limits of the United States was
while aboard transport travelling from
Tampa, Fla, to Montauk Point, n. Y, is
not entitled TO two months extra pay unless
the transport was required to go to a Cuban
port or into Cuban waters. If the only
stops were at United States ports, only one
months extra pay is due. This holding
conforms to an earlier holding in connection
with the extra pay claims of members of
the temporary naval force, it being held
that service in cruising off the United States
coasts was not to be regarded as service
beyond the limits of the United States even
though the service was actually beyond
the three-mile limit and therefore strictly
beyond the limits of the United States.
Another recent decision of the Assistant
Comptroller is that discharge for disability
existing before enlistment is not bar to
extra pay unless the disability was fraudu-
lently concealed.
SPANISH WAR-TRANSPORTA
AND BURIAL EXPENSES. who
received only s35 by way of reimburse
ment for the expenses of transportation
and burial of the remains of Spanish war
soldiers and sailors can obtain an addi-
tional amount under a recent decision.
The whole amount, however, can not exceed
what the cost would have been TO the Gov
ernment in each instance.