The National tribune., 1900-01-25


where the local pension board rates pen
sioner and gives him ratable disability,
he should BE- given the benefit of that rat
ing: and if it does not give him ratable
disability, it ought TO be ignored
ACQUISITION OF CONSTRUCTION.
Mr. VIM. Alden Smith. Can it be made
conclusive under the law?
Mr. Curtis. l think the law is sufficient.
1t is simply question of construction III the
office of the Commissioner.
Mr. Ray, of New York. One moment
now. Is the gentleman correct in that, that
it is a question of construction III the Office
of the Commissioner of Pensions?
Mr. Curtis. He says so himself.
Mr. Ray, of New York. Has it not gone
up to the Interior Department repeatedly,
and has not the Interior Department de-
cided over and over again that under the
law as it stands they must so hold, and Is
not the Commissioner of Pensions simply
following up the construction that Is gwen
by a higher construction than himself?
Mr.. Curtis. That is what the Commits
sicner claims: but if You will examine these
cases. you will find that he does not.
Mr.. Ray, of New York. Oh, the gentle
man ought not 10 say that.
Mr.. Curtis | said it because / have
put them into the Record, can DO so.
Mr. Ray, OF New York. 1on had better,
if you make any such claim.
Mr. Curtis. Let him deny it.
MIR Ray, of New York. ! do not think
You are Just in Your remarks concerning
the Commissioner of Pensions in regard to
that ruling. because any decision made by
the Commissioner on question of law
or the Interpretation of the pension laws
is always subject TO appeal TO the Secre-
tary of the Interior, and Webster Davis Is
very competent man.
COMMISSIONER OFTEN REVERSED.
Mr.. Curtis. And he has reversed the
Commissioner often.
Mr.. Ray, of New York. And he has re-
peatedly reaffirmed this doctrine of which
you are complaining, and alleges that that
is the law. Now, if the gentleman will
look little further, he will find that bill
to amend and correct the pension law in
that regard has been introduced in the
Senate and has passed that body.
Mir. Curtis. And ought to pass the House,
so that the Commissioner of Pensions can
not miSconStruc it.
Mr. Ray, of New York. Very good; then
you ought not to charge against the Com
missioner of Pensions that which has been
affirmed by higher authority, and bill
is now pending TO correct it.
CHARGED WITH IGNORING DECISIONS.
Mr. Curtis. ! charge it because | have
examined the cases; have memorandum
of them in my pocket, cases where ! believe
he has absolutely ignored the decision of
Webster Davis | want to call your atten-
ton to the fact that in 1897 he says he re-
jected, in round numbers, 1O7 600 cases
$4,000 on medical grounds, 1900 on legal
grounds, 5000 on the ground of no benefit.
charge openly that if in these rejected
cases the benefit of the ratings had been
given TO the pensioner a large number
would have been allowed. 1have ofeeling
against the Commissioner of Pensions;
he has always treated me nicely; my calls
have been promptly answered; my sug-
gestions have been given consideration,
if not always favorable; but have exam
ined these cases, and ] am of the opinion
and that opinion is based upon my
examination of these cases-that his policy
is against the interest of the old soldiers
and that they are not receiving fair treat
ment at his hands.
Mr.. William Alden Smith. / would like
to ask if the difficulty about which you
complain may not appropriately be charged
TO the fact that men entirely out of sym
pathy with the old soldier have been kept
upon the Beard of Review in the Pension
Office under the civil service laws of the
Government and against the interest of
the old veterans?
MIR. Curtis. have been told that that
was true; but the Commissioner of Pensions
has the right, he has the power, to change
any man that is on the Board of Review
and send him TO some other division.
LAW REGARDING CHILDREN'S PENSIONS
Mr.. William Alden Smith. o, certainly;
but that only shifts the force and retains
the unsympathetic employee. The soldier
did not stand OH tcchnicality when he
took up arms for his country. Why should
the Government now? ] would give him
the Ecncft OF liberal construction OF law:
Mr.. Mcdowell. Do you think the rulings
Of Wei ster Davis are any more in the in
tercSs of Tie CID soldier than those of the
Commissioner?
WEBSTER DAYIS'S DECISIONS.
Mr. Curtis. know the decisions of Web.
stcr Davis are in the interest of the old
soldiers, and all they ask is fair treatment;
and if the law lie administered as laid
down by Webster Davis they would he
perfectly satisfied.
Mr.. Mcdowell. Why, then, does it take
so long TO have these cases disposed of that
are carried there on appeal?
Mr. Curtis. Because there are so many
OF them.
Mr. Robinson 0nd., d. registered a
protest against the delay in the interpre-
tation of the well-establshed law of this
tcountry on the subject of granting pen
sions. We find situation prevailing now
on the subject Of the right of those under
| the law 10 pension who were under 16 years
Of age upon the death of the pensioner-
| the soldier who WAS entitled-and yet
when his children applied and when their
pension cases were before the Pension Com
missioner he rendered decision against
the plain law, | believe, and unfavorable
! TO that class Of applicants" He said the
law gave those who were under 16 years
Of ge Il pension, and under its enforcement
for years and years they were granted a
pension, though applied for after they
/ arrived al 1G.
There is not a member in this House
but who has received letter after letter
month after month. asking for justice al
the hands Of the Government under tn,
law, and asking for decision Of this plain
proposition.
And yet, by reason of the policy of pro
| crastination and delay that everywher,
pcrvades the Department on the subjec
OF pensions, these children and those VIII,
were children then are not granted a pen
sion and can not get a decision. Why
The point presented is this: Children unde
IS Years OF age, though confessedly en-
titled 10 Il pension had they applied befor,
that age. would have received il, but nov
these children, under guardian then, thcs
children in charitable Institutions, publi
and private, while they were under l,
years of age, those WHO were the Eene
ficiarics Of charitable Ecoplc all over II,
country. children of solCioIs under this lay
emitted 10 pensions. are 10 have the statut,
OF L:aiiatIoHS. some imaginary statute o
bar, set up against them because they di,
not apply before they arrived at the age o
l6.
Il want 10 warn the members of thi
boly, every one of whom is interested in thi
SI5s"Ct. that The coditication proposed, tn
lf Inv