The National tribune., 1900-03-15
DEPARTMENT AND
CONGRESSIONAL NEWS


ATTORNEYS-PART- CLAIMS
UNDER THE ACT OF MARCH 3. 1S99.-
The decision on the reconsideration of the
former decision as TO the rights of attorneys
i'll connection with claims for part pension
under the act of March ,. 1899. has just
been issued. dated Sept. >. 1899 The
supplemental decision is personally ap-
proved by Secretary Hitchcock. and holds:
Il. The Commissioner of Pensions can
not refuse recognition TO agents or attorneys
regularly employed by wives or minor
children of pensioners. who have de-
serted their wives or children. under the
act OF March 3. 1899. when such agents or
attorneys are authorized TO practice before
the Department.
"2. The method of making payment to
agents or attorneys for services in prCse-
cutting an application for the divided pay
ment of pension under said act are not con-
trolled by sections 3 and of the act of July
4, 1884 (23 Stat, 9Sl. but are matters of
agreement and adjustment between the
parties over which, in the absence of abuse
or misconduct on the part of the agent or
attorney justifying disbarment, the Com
missioner of Pensions has no authority
"3. Agents and attorneys rendering
services III proceedings under said act
must look TO those by whom they are en-
ployed, and not to the Pension Bureau
for payment for their services
PENSION APPROPRIATION BTLL.-The
pension appropriation bill passed the
Senate on March ). substantially as re-
ported from the Committee on Pensions.
The only change made in the bill in the
Senate was with reference 10 the number of
examinations which Examining Surgeons
Shall be required 10 make in one day. ten"
being substituted for twenty" The bill
has been returned to the House of Repre-
sentatiyes for concurrence i'll the Senate
amendments. which, besides the above.
were the striking out Of the House provision
with reference TO attorneys of claimants,
aud the provision requiring Examining
Surgeons 10 recommend a rating, and add
ing a provision requiring that the report
OF Special Examiners of the Pension Bu-
reau shall be open TO inspection and COPY
by claimant or attorney
In the course of the debate on the bill il
developed that the Senators. including the
Chairman Of the Committee on Pensions.
are under the impression that by omitting
to re-enact the provision Of some years ago
that the reports of Examining Surgeons
shall be open TO inspection. that provision
is repealed by implication: i'll which it is be-
lieved the honorable Senators are mistaken.
The action with reference to Examining
Surgeons not hereafter recommending a
rate appears to be induced by certain abb
surd reports and ratings reproduced by the
Commissioner of Pensions in his late an
nual report as an instance OF the "unre-
liable character Of the reports and recon-
mendations Of Examining Surgeons. II
did not appear from the report of the Com
missioner. however. that these Surgeons
who evidently should never have been au-
pointed to their positions, because of their
lInfitness, had been dismissed from the serv-
ice.
MINORS ACKNOWLEDGMENT Law.
Persons claiming pension as children of
deceased soldiers and sailors, and who did
not apply until after they became 16, and
whose claims We're unsettled when in 1897
Mr.. Evans ordered claims Of this class
held up until the Department proper could
pass upon the question Of law, are still
waiting for final action, though consider
ably more than two years has elapsed
since the holdlng-up process began. Per
sons interested should communicate with
their members of Congress.
SPECIAL EXAIINERS.-It is under
stood that Commissioner Evans has lately
Instructed the corps Of Special Examiners
Diat they will hereafter refrain from making
any recommendation or expressing any
opinion as 10 the proper adjudication of
pension cases they examine From time
out Of mind ii has been The required prac-
tice that the Special Examiner should
recommend either allowance or rejection,
his recommendation with report and evil
dence secured being, Of course, subject TO
the review and approval of his superior
officers. The reason for this change ap-
pears 10 iGe ll!al so many cases are reJected
after special examination, notwithstanding
the favorable recommendation Of the
Special Examiner, and the claimant or
attorney finding this TO be the fact has
been able to use the favorable recommen-
dation as the basis of appeal to the Sec
rctary Of the Interior. 1t seems that there
is no change III the established practice of
requiring examiners in the Pension Btl-
reau TO recommend cases for allowance or
rejection.
SPANISH HWAR-TEMPORARY NAVAL
FORCE EXTRA pAY.--lt appears that
the provision in the urgent deficiency
appropriation bill TO allow the payment of
the extra pay allowed by act Of March 3,
! 800, to the temporary naval force of the
Spanish war, to be paid to the heirs or
legal representatives of members who died
without receiving the extra pay, was struck
out III the conference on the bill, and so was
not enacted into law.
GUARDIANS.-The Commissioner of
Pensions order Of Jan. 10, 1900, requiring
all guardians or committees Of pensioners
TO render a sworn account OF their diSburse-
mcnts Of the pension money for the year
preceding and each year hereafter, is
| exciting considerable criticism as super
fiuous, inasmuch as all duly appointed
guardians and committees, whether of
| pensioners or other persons, are responsible
TO the courts appointing them for the proper
disbursement of all moneys received on
account of their wards.