The National tribune., 1900-05-10

Inc 1OllcWlng Is illS lull leNt Vi ti'
report submitted by Representative Jos
V. Graft, OF the Committee on the G.A.R
National Pension Committees Bill:
The Committee on Invalid Pensions
having had under consideration Senate
bill 1477 entitled "An act n amendment ot
sections two and three of an act entitled
IAN act granting pensions TO soldiers and
sailors who are incapacitated for the per
Torrance of manual labor and providing
for pensions 10 widows, minor children
and dependent parents" approved June y,
1890. report the same back TO the House
with the recommendation that it do pass
amended as follows:
In line 10, page 3, after the word "and,
strike out the words having resources from
which," In the same line, after the word
"an." insert the words actual net"
In line II, page 3, after the word year,
strike out the words rs derived or deriVable.
The act of June p, 1890, requires 80
days' service in the Army or Navy during
the war of the rebellion, with an honorable
discharge therefrom, and disabilities OF a
permanent character and not the result OF
vicious habits. which incapacitate the
claimants from the performance of manual
labor so as to render them unable TO earn "A
support.
ii is undoubtedly true that many soldiers
and sailors who were disabled in the mill
tary or naval service of the United States,
hut who were unable TO establish that fact
by competent proof, have been able TO ENJOY
the privileges of the act of June p, 1890.
Included in this number are a large number
Jhose service extended far beyond the
{ieriod of 80 days provided in said act.
As the time since the war lenGthens 1t
becomes more difficult, even well-ngh
impossible, for a soldier TO prove service
origin of disabilities, and quite as dithcult
for him TO prove the continuance of said
for oh
charge.
1t therefore appears 10 your committee
both reasonable and just that the provisions
of the act of June p. 1890. should be more
liberal, within reasonable limits.
A very material change is made in the act
of June 27. $780, by inserting the word
cor disabilities" after the words physical
disability in said act, and inserting in the
present act of June 27, 1890, after the words
in said present act, "be entitled to receive
pension not exceeding S12 per month, and
not less than S6 per month, proportioned
to the degree of inability to earn support"
the following additional words, "and In
determining such inability each and every
infirmity shall be duly considered, and the
aggregate OF the disabilities shown be
rated"
1t is confidently believed that this change
in the existing law will secure more liberal
ratings and the consideration of all infirmi-
language of the proposed legislation,
amount to mental or physical disability
or disabilities of permanent character, |
not the result of their own vicious habits,
which SO incapacitateS them from the per-
formance of manual labor as to render them
unable TO earn a support. IL also guar
antees, by a provision which is absolutely |
mandatory, that each and every lnfirmity |
shall be duly considered, and the aggregate |
OF the disabilities shown be rated. |
This makes it impossible in the eXecu-
ton of the proposed legislation, If enacted
into law, to ignore any disability under the |
provision of the law arbitrarily. They shall |
not only all he considered, but shall all be |
aggregated, i. e., added together, and the |
sum total shall be the rate of pension to
which the claimant shall be entitled, not
exceeding, however, S12 per month.
BASIS OF RATINGs-oRDERs 164 AND |
225.
The fixing of ratings after the passage
of the act of June 27, 1890, was established
on Oct. Is, 1890, by Green Il. Raum, Com
missioner of Pensions, by Order 164, which |
was as follows:
ORDER NO. 164.
DEPARTMENT OF THE INTERIOR, BC-
REAU OF PENSIONS, WASHINGTON,
d. c., Oct. Is, 1890.
In regard to fixing rates Of pensions
under the act Of June y, 1890:
|
81, 1890, showing mental or physical
disability or disabilities of permanent
character, not the result of their own vicious
habits, and which incapacitates them from
the performance of manual labor, rendering
them unable TO earn support in such a
degree as would be rated under former
laws at or above Sc and less than S12, shall
be rated the same as like disabilities of
service origin, and that all cases showing
a pensionable disability which, if of service
origin, would be rated at or above S12 per
month, shall be rated at s12 per month.
GREEN B. RAUM, Commissioner.
Approved: CYRUS BUssEY, Assistant
Secretary.
That order continued in force until two
decisions were rendered by the department
Of the Interior, viz, the case OF Henry ID.
Weike, rendered Jan. 7, 1893, and the case
of Charles L. Bennett, rendered May q,
1893.
On June 20, 1893, an order was ISSUED
which changed the ratings Of pensions
under the act of June q, 1890, and which
order has been ever since, and Is now, in
force. Order 225 is as follows:
ORDER NO. 225.
DEPARTMENT OF THE INTERIOR, BU-
REAU OF PENSIONS, WASHINGTON,
ID. c., June 9, 1893.
AS 10 adjudicating and fixing rates of
pensions under the act of June 27, 1890:
/. A claim for pension under the second
section of the act Of June 27, 1890, can only I
be allowed upon proof of mental or physical $
disability Of permanent character, not {
the result of the claimants own vicious {
habits, incapacitating him for the perform ! :
ance OF manual labor in such degree as TO !
render him unable 10 earn a support. !
2. No specific injury or disability can, as
such. have pensionable rating under that
act, nor be considered otherwise than as it
affects the capacity of the claimant TO per- =
form ordinary manual labor.
3. Proof thatthedi disability is not the result a
Of the claimants own vicious habits Is q
requisite; and therefore the causes and cir i;
cumstanccs Of the origin OF the disability
should be shown by the evidence furnished s
in support Of the claim for pension, so far 2
as can be done, and by persons other than
the claimant. Il
4. To give the claimant a pensionable s
status under this act the disability must be u
such as TO incapacitate him for the per c
formance Of manual labor in such degree S
as to render him unable TO earn a support: c
yet the act recognizes differences in the d
degree Of such pensionable disability. &
giving Sl2 per month in case Of the greatest. f
and So per month in case of the lowest de- f
gree of such pensionable disability rendering ?
the claimant unable TO earn = ,,,r,,rr rvi
manuai labor. II also provides for inter |
mediate ratings proportioncd 10 the inter I
a Of Il.