The National tribune., 1899-09-14


declaration and in such supplemental decla-
| ration. He was then again ordered for
examination, and if the board who ex-
| amined him under such second order re-
ported that they found him disabled and
| recommended that he be granted PEN
| sion, his pension when allowed was made
to commence from the date of the filing of
the supplemental declaration" thus caus-
| ing him loss of one years pension. In
many cases several supplemental declar-
| ationS" have been required and have been
filed, and in thousands of cases the average
| loss TO applicants has been two, three, or
| more years arrears OF pension.
| Congress,
RECOGNIZING THE INJUSTICE OF THIS
| PRACTICE,
under date of March 6, 1896, passed law
providing as follows:
THAT whenevera claim for pension under
the act of June 27, 1890, has been, or shall
hereafter be, rejected, suspended, or dis
| missed, and new application shall have
| been, or shall hereafter be, filed, and pen
sion has been, or shall hereafter be, allowed
| in such claim, such pension shall date from
the time of the filing Of the first application,
provided the evidence in the case shall show
| a pensionable disability to have existed, or
| to exist. at the time Of filing such first ap-
plication, anything in any law or ruling Of
| the Department to the contrary notwitlI-
| standing"
In constituting this law it is held that the
words, provided the evidence i'll the case
shall show pensionable disability to have
existed or to exist at the time of filing such
| first application" that the first or adverse
| report of an examining board is incontrO-
vertible by any evidence which the appli-
| cant could furnish as well as by the favor
| able report of the second board which ex-
amined the applicant. although such
second report was ultimately accepted as
| showing the true physical condition of the
applicant. 1t is affirmed that the act of
March 9. 1896, changed in no material man
| ner the conditions either in disposition or
practice on the part of the Pension Bureau
| with relation to the injustice which the said
act was intended to cure, and that out of the
great mass of applicants the number of
those who have been benefited by its pro-
visions would not be sufficient to constitute
a Corporafs guard.
sion at the rate of SS per month for the
| widow of soldier or sailor "who served for
the period of 80 days or more IN the army or
navy of the United States during the war
of the rebellion, and who was honorably
discharged, leaving the widow without
other means OF support than her daily
labor"
DEFEATING THE PURPOSE OF THE LAW.
Surely the American Congress in this
enactment intended tomanifest the Nations
most generous appreciation of hor rorable
military and naval service, and to at last
give emphatic effect to the words of the
shall have borne the battle, and for his
widow and orphans" At least-so hoped
the Grand Army-the widow" is not to
thread her lonely way along the frigid path
hedgod about by Departmental decisions"
The wife who proudly welcomed the return
trustil gly helped 'to bind up the Nations
wounds" was the least able to bear in
gratitude after death claimed her natural
protector. The soldiers widow was not
exempt from the results of the effort to
economic by pruning pensions. 1t was
determined that where the widow OF a sol
dler was in possession of means from which
an income of S8 month was derived, or
deriyable, such widow was not entitled to
pension as being dependent within the
meaning of the act. On the 21st of May,
1897, the National Pension Committee of
the Grand Army presented to the present
Commissioner of Pensions, among others,
this request for a ruling:
'12. Relative to the amount of income
a widow may have and be entitled to pen
sion under the act of June 27, 1890: The
suggestion here is $500 per annum. We
do not agree to so large sum, but think
possibly an income of from 5000 to $500
title TO pension"
WIDOWS PENSIONS.
In order, to give opportunity for further
consideration of the. suggestion made by
the National Committee on Pensions. the
memoranda was then submitted to the
Board of Review of the Pension Bureau,
and on the item of widows income this
report was submitted:
"12. Also, that the provisions OF the act
Of June u. 1890, relative to the means of
support other than her daily labor of a
widow claimant under the act, should be
interpreted SO as to read: That before she
shall be entitled to pension under the pro-
visioas of said law, She shall prove that
her net income does not exceed $500 per
annum.
The memoranda thus submitted was
referred to the First Deputy Commissioner
and prominent officer Of the Bureau,
and on May 26 they reported on this item
in these words:
''Sec. II. The amount recommended by
the Committee-$5OO. 1t would be a
humane and Just provision to make the
amount of income not to exceed $3.50, as a
means OF support other than her daily
labor, in the claims of widows under the
act of June 81, 1890. Before such a rule
could be adopted, it would be necessary to
vacate the decision in the case of Katharine
Klein e p. D., 27S) and others bearing
upon the same subject"
Thereupon and soon after, certainly
before January, 1898, the Commissioner of
Pensions recommended to the Honorable
the Secretary of the Interior the adoption
OF this sum $3.50 a year as the maximum
income of a widow, barring her right TO a
pension, instead of 500 a year under the
rule then in force. The recommendation
was not concurred in and the S96 limitation
remains in effect. Your committee brought
these matters to the attention of the Presi-
den July II of this year. Lawyers dis
agree as to the meaning of the statute,
and there seems to be no reason why the
plain intent of Congress may not be plainly
stated, and thusset at rest, ard forever, all
dispute on this question.
1t is not to be denied that honoral l, and
patriotic men differ on the construction of
this law, and honestly differ. The Grand
Army will not be justified in arbitrarily
refusing to avail itself of the legitimate
means available to attempt correction of
wrongs complained of. AS the matter
now stands. the law officers of the Govern
merit give to the act of June 81, 1890, one
effect; We respectfully dissent from their
views. With the American Congress rests