Juniata sentinel and Republican. [volume] (Mifflintown, Juniata County, Pa.) 1873-1955, 1899-09-20

90 understood by the department
when approving it, may hava bean
nisconstrued BY your bureau so fil
as it has been your practice to ad5
the separate nominal and schedule
rates allowed for several disabilities
in making a rate under this act
This has resulted by reason OF thu
fact that it has been your practic'
under the old law to combine thes'
rates where the total does not ex
ceed 17-1S. The question as to ths
correctness of that practice is no
now before the department for de
cision.
WAS NOT INTENDED
It is deemed proper to state tha
the department in approving sait
Order No. 164, did not intend tha
| small rates should be added togeth
er-as for example, three or more
stes of 2 1S--in order to mske rate
under the provisions Of SAID act. A
man may have two or more separate
Affections either one of which, con
sidered siogly, entities him to 81
rate under the Old law and yet in the
aggregate they may not disable him
for the performance of manuel labol
to much greater degree than either
of them existing alone. Or he may
have one serious disability AID one
or more slight disabilities, the latter
of which do not have any appreciablt
effect upon the degree of incspacitJ
for manuel labor occasioned by tht
former.
The basis of rates under the act oi
June 27, 1890, is inability to carr
support by reason of incapacity fol
manual labor due to permanent
mental or physical disability not the
result of vicious habits Iu determ
ming WI 9TH ,r al spplicl II is entitled
to a rate under said act for the char.
acter of disability afore. mentioned
the ONLY question is: Is he from the
cause or causes einvolved-be they
ono or many-disabled for the Per
formauce of manuel labor to the ex
tent represented by the fractional
rate of 6-1S. If 80, he is entitled to
The minimum rate of $6. And 80 on
until the maximum rate of $12 is
reached. It is directed that the views
herein expressed be observed in fu'
ture abiucations of claims under the
act of June 27, 1890. 10 the claim
of Mr.. Weike, now under considera'
ton, while it is conceded that disa
billty from disease exists which alone
would be ratable under the old law
if of service origin, it is not believed
that this diseaee. combined with
rheumatism, disables for manuel la
Dor to an extent which entities him
to a higher rating than So per month
Rheumatism is his chief disability
He is evidently able to perform con
siderable manuel labor. The rejec'
ton of the claim under the act OF
June 27, 1890, is affirmed.
THE LATER ORDER
Two months later Cleveland's ad.
ministration came in and Hoke
Smith became Secretary of the In
terror, With William Lochren as Com
missioner of Pensions. Ga June 8,
1898, Order No. 225 was issued, and
it raised storm of protest, though
it appears t, have bseu based upon
Busrey's decision and was adopted
practically to carry the latter into ef
sfecr. follewe:.4-------
1. A claim for pension under the
second section of the act OF June ~,
1890, can only be allowed upon-prooi
OF mental or physical disability OF 9
permanent character, not the result
of She claimants own vicious habits,
incspacitating him for the perform
ance of manuel labor in such a de
gree as to render him unable to earn
a support.
2. No specific injury or disability
can, as such, have pensioDable rat
ing under that act, nor be consider
ed otherwise than as it aff-cts the ca
pacity Of the claimant to perform or
binary man lel labor
8. Proof that the disability is not
the result of the claimants owr vic
ious habits is requisite; and there
fore the causes and circumstances OF
the origin of the disability sScald be
ehown by the evidence furnished IL
support of the claim for pension, sc
far as N be done, and by persons
other than the claimant.
4. To give the claimant a pension
able status under this act the d!sa
bility must be such as to incap lcitat'
him for the performance of manue
labor in such degree as to rende
him unable to earn support; yet tn
act recognizes differences in the de
gree of such pensionable disability
giving twelve dollars month in cas-
of he greatest, and six dollars pc
month in e. Sc of the lowest degre
of such persionable disability render
ing the claimant unable to earn
support by manuel labor. 1t ais
provides for intermediate rating
proportioned to the intermediate de
grees of such pensionable disability
The proper ratings under this &C
will, therefore, be made in accord
auce with such rules for rating as tb
medical refree shall prescribe, sui
|ject to the approval of the Commis
sioner.
In an interview printed in The Iu
quirer few days ago COMMISSIONS
Evans said that Order No. 22s wa
not being enforced now and that NJ
164 he never considered to be goo
law or even good common sense, an
he doubted If it could be re instatet
This question the encampment refeI
red to Congress.
Romorkahle Rascne