The National tribune., 1899-05-11
DEPARTMENT NEWS
Decisions, Rulings. ets.. of Interest to Sol
diers and Sailors, and Their Heirs.


diers and Sailors, and Their Heirs.
PATHOLOGICAL a.SEQUENCE.-"Gen-
orally, where an iattending physician ap-
pears to be in good standing his diagnosis
of the PATIENTS disease is accepted as
correct; but when it, comes to question
as to whether one disease resulted from
another or not the ipse dixit of such
attending physicians, is not received un-
less in accord wi lh the generally accepted
| teachings of medical science taS to which
the Department. will be advised by the
medical referee) or unless it derives some
peculiar and extraordinary value from
such physicians professional standing
and experience. Assistant Secretary
Davis, Nov. 2S, 1898; case of Sarah j.
May.)
MARRIAGE AND DIVORCE.-Tn the
pension case of Isabel w. Siler widow 1t
is held assistant Secretary Davis, Nov.
1S, 1889 that the date when decree OF
divorce was ordered by the Court IS the
date from which the soldier is to be re-
garded as divorced from former wIe.
The Pension Bureau had rejected the
case on the ground that because final
decree of divorce was not entered till
after the soldiers marriage to claimant
their marriage was illegal, even though a
decree was ordered before the date OF
| marriage.
PRESUMPTION OF DEATH.-In the
pension claim of Sophia Pearson widow
1t is held assistant Secretary DAVIS,
Oct. Z, 1851 that even though the soldier
would if living be SO years old twLIch
might raise a doubt as to the probability
of his being still aiive), his death never
theless cannot be presumed under the
act Of March 13, 1896, because his absence
from his lawful wife is not "unexpiaIned
The soldier deserted his family in 1916,
went to another State and established Il
new home-including a new wife-and
after a few years wholly disappeared ard
no further trace of him is found.
INSANE OR HELPLESS MlNOh-
'Evidcnce shows that said child has been
afflicted from birth by depression OF
breast bone upon the spine, diSplacing
vital organs, and rendering him ex-
tremely nervous and weak to such an
extent that he has been mentally and
physically unable to care for or support
himself. He cannot perform elective or
remunerative labor, and is considered per
manently helpless, in the contemplation
of the proviso to the third section OF the
act of June y, 1870, and entitled to
continuance OF his pension after arriving
at the age of Is years" minor of lfeuben
Alden; Assistant Secretary Davis, Nov.
IS, 1881
COMPOUNDING RATES.-The decision
in the case of George A. South reailirms
a settled practice of the Pension Bureau
in the matter of determining rates CT IN
valid pension under the general law.
The decision says: "Unless specifically
provided for, there is no provision OF law
by which disabilities can be considered
separately and compounded so as 10 allow
for all the pension which each, considered
separately, would aggregate. 1t is the
combined effect OF all that must be con
sidered; and in this case the combined
effect of all the disabling causes accepted
as due to the service not rendering claim
ants incapacity 10 perform manual labor
equivalent to the loss, of q hand or a foot,
he is not entitled TO "a higher rate OF pen.
sion than he nowieniays tSlT per nlontl !"
Assistant Secretary Davis, Nov. 13, lSJS.l
This is a wholesaling OF disabilities, as
one man blessed with several a1lictions
gets less for them than would be allowed
if they were distributed among as many
different persons.