The Indianapolis journal., 1899-08-14

9
lIity not the result OF vicious habits. &c
such degree renders claimant unable
70 earn q support by manual labor.
Ihlrd-Dlsabilities incurred while I'm the
service and line of duty. and incapacity for
earning a support Detailing a claimant for
pension after his service had ceased. are
Fourth Disability incurred during service
4esard n -, ,ns sa 0i Hty Is without Il
rated under the provisions OF the Revised
Statutes, without reference TO this condi-
Fifth-Disability resulting from causes
other than OF service origin are pensionable
only under the provisions of the second Sec
tion of the act of June q. 1890 when inca
pacity 10 labor joins with incapacity 10 earn
a support. and the grades OF rating there
under are dependent upon these two condi-
Ssxth--whsn. by order No. 1s4. 1t was de-
clared that disabilities under the act of
June n. 1890, should be rated as IL of service
origin. the very principle which governed
ratings under said act was displaced and a
rule applicable to different law was SUBJ
seventh-Neither the secretary Of the In.
terror nor the commissioner of pensions can
by ORDER or by practice. supersede an act
of Congress. The power Of the department.
so far as its orders and practice are con-
cerned. Is limited to an execution OF the
law; II ceases when an effort Is made TO
TIE above decision was approved by the
attorney general. and order No. 225 was then
30. la, and establishing the above rules
as governing the ratings under the act of
CONSTITUTING THE ORDER.
Order No. 225 also directed an examination
TO be made to determine what pensions have
heretofore been allowed under Section Ct
the act of 1880. in disregard of the terms of
said act. In compliance with these instruc-
tions. board of revision was organized
Of
said board resulted in dropping large num-
Der from the rolls and reducing the pensions
OF many others. The work of the board of
revision was only partially done, and it is
fair to state that nothing In that direction
has been done under the present administra-
tion- Order No. 225 has never been revoked,
although a much more liberal construction
OF the law, as well as OF the order itself
mas long since been put In force.
-. - recent decision OF Hon. Assistant Sec
rsed,ry WEBSTER Davis, made upon ap-
peal, asking for the revoction Of order No
x-s ana the reinstatement of order No 1884,
hoiqs tnat Order l64 was an extremely lib
eral construction Of the law as 10 rating
under the act of June q, 1890; indeed, it
could not be consistently maintained when
the terms or the act were compared with
former laws. On the other hand order No.
20. as put into effect and as formerly con-
strued, went TO the other extreme. and in
many eases resulted In great injustice to
claimants. This remedied i'm a large
measure by a more liberal construction of
said order: which, on its face. is not re-
but much depends upon how 1t is construed
In constituting said order Ii should be
borne In mind that the average age of the
surviving so-CIerS who were in the war CT
the rebellion is sixty years or upward II is
not an unreasonable presumption that near
ly all are In some degree mentally or physi.
cally disabled. The spirit of the law and the
circumstances attending it's enactment cer>
tainly warrant the conclusion that liberal
interpretation s5sd Ta should be given and relief
an appreciable disability which impairs
ability for self-support by manual labor Is
shown to exist.
The above-stated principles necessarily
govern the action of the Pension Bureau I'm
rating pensions under the act of June %.
1880, and the commissioner is pOwerless TO
grant relief in cases that do not come within
the rule. IL !s very evident that the act of
June q. 1880, creates conditions which are
not applicable TO claims under the general
law. and that very much of the misappre-
hensiOn and dissatisfaction with the opera
tons of the Pension Bureau arise from q
want OF understanding as to these condi-
tions. Thus, for example. soldier is en-
titled under the general law to Sl7 per
month for the loss of an eye. but under the
act or June q, 1890. he can receive only $6
per month, as IL does not incapactate ma
terially from earning support by manual
labor So in the case of deafness. man
who is suffering from a degree of deafness
emitting him under the general law to SO or
$15 per month has no reasonable status Un>
Ger the act or lSyU, as the Sllgnt degree or
deafness in question does not incapacitate te
him from earning support by manual
labor.
WIDOWS PENSIONS
When the soldier or sailor dies of causes
shown to be due to his service his widow
is entitled to pension regardless of her
possessions; while under the act of June
q. 1890. the enjoyment of an income in ex-
cess of the amount she would receive as
pension is bar to pension under that act
Now. when these different conditions arise
in the same neighborhood people seldom
stop to inquire under which law application
has been made by the claimant, and when
a widow who is in affiuent circumstances is
granted a pension under the general law,
while a claimant not nearly so well off is
denied pension under the new law, be-
cause she Is not without other.s means OF
support than her daily labor. II seems TO
the public TO be an unjust discrimination on
the part of the Pension Bureau.
The same may be said regarding invalid
pensions. When a claim is allowed under
the general law at a high rate for degree
OF deafness which does not .entitle TO a
rating under the act of 1850 it necessarily
results in criticism of the bureau. Yet the
law creates these conditions and il is not
within the power of the commissioner to do
otherwise than execute the law as con-
strued by the department.
The third section of the act of June q,
$780, which makes provision for pension
TO widows where the death of the hus-
band was not caused by his service, creates
pensionable status only when the widow is
without other means of support than her
daily labor" The language used in the act
has been the subject of considerable con-
troversy as to its proper meaning Assist
ant Secretary BuSSey, in March, 1893, cease
OF Jennie ID. Lewis). decided that 1.-THE Ian
TO point TO those only who are ordinarily
under the necessity of daily labor for sup