The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-12-06

ldlt vi LA0 kiAA1 NAAt tAA1
of pension is filed by the widow No PEN
sion legislation, the commissioner states,
that has ever been enacted has been so
fruitful of fraudulent practice as the act or
June z, 1sSS. and he expresses the opinion
that a law which encourages crime and
offers inducements for the filing and prose-
cution of fraudulent claims should not
have a place on the statute books.
The soldier who endured the hardships
and privations of service receives pension
from date of fling his claim, and the same
law should apply to claims filed on account
of his service and death.
The commissioner again calls attention
10 his former recommendations as TO the
necessity for a thorough revision of the
pension laws with a view of making their
operations more uniform in character. and
expresses the opinion that a commission
should be appointed for hat purpose. TO the
end that the benefits conferred in the way
of pensions may be more equitably dis
tributed among the beneficiaries.
The act of April Is, 1900, repealed the
provisions of Section 4i16 of the Revised
Statutes, so far as the same may be appli-
cable to the claims for pension of depend
ent parents of soldiers. sailors and ma
rines who served during the war with
Spain. The effect of this act is to give
title 10 pension in cases where its bene-
f~iciaries voluntarily engaged in, or aided
or abetted the late rebellion againt the au-
thority of the United States. and whose
sons have died or may hereafter die as a
result of service in the army or navy dur
ing the war with Spain. While this law will
relieve many meritorious claimants, Ii is
believed that the time has come when the
provisions of Section 4716 should also be
repealed. in so far as they affect claims
filed under the act Of June q, 1890, where
the soldier served in the Confederate army
prior to his service in the army or navy
of the United States.
The act of May 3. 1900. is an amendment
Of the act of June q. 1890, and, among
other things. provides that in determining
the inability of a soldier claimant to earn
a support each and every infirmity shall be
duly considered and the aggregate of the
disabilities shown be rated.
supplemental instructions have accord
ingly been issued to examining surgeons for
their guidance in the examination of claim
ants for pension and increase of pension
under this act and the reports of medical
examinations made under these instructions
show a marked Improvement in the work
of the surgeons in thisc class of cases.
1.-The act of May 9, 1900. extends the pro-
visions of the act of June 27s 1890, to such
widows as are without means of support
other than their daily labor and an actual
net income not exceeding $3.50 per year.
Directions have therefore been given to
re-examine all claims of widows for pen
sion under Sec. 8 of the act of June q,
1890, heretofore rejected, and in each in
stance where the conditions shown warrant
the belief that applicant may be entitled TO
pension under said section as amended May
9, 1900, a blank application is forwarded TO
the applicant, with definite Instructions as
to its execution and the evidence required.
The same action is taken in pending claims
where the conditions shown warrant tile
belief that under the practice existing prior
to May ., 1900, the claim would have been
rejected.
1T is believed that under the operations
of this act there will be a marked increase
in the number of pensioners during the
present year and that the annual payments
for pensions will be increased by from S.
000,G0 to 100000.
LEGAL MARRIAGES.
THE act of Aug. Z. 1852. provides that
marriages shall be proven in pension cases
to be legal marriages according to the law
of the place where the parties resided at
the time of marriage or at the time when
the right of pension accrued. The effect Of
this law has been to deny claimants, IN
many instances, the status of legal widow
hood although the equities appear to be in
favor of such claimants. 1t Is desirable
that Congress so amend the act of Aug. Z,
1882, as to provide for the admission cf evil
dence to prove marriages for pensloEah.c
purposes by a standard which will be uni
form through the entire jurisdiction of the
United States.
There is no legislation under which the
action of the COMMISSIONS of pensions or
of the secretary of the interior, in the al
lowance or rejection of a pension claim,
can be reviewed in the courts, nor is there
legislation under which a pension claim
can be referred to the courts for adjudica-
ton. Congress has provided for the refer
ence to the Court of Claims of claims pend
ing before the several executive depart
ments, the decision of which Will affect a
class of claims or furnish a precedent for
the future action of these departments.
The result is that there is at present no
method of obtaining a judicial interpreta-
ton of the pension laws, although their
administration directly affects many thou
sand citizens and inVOlvPS an annual aY-
penditure of many millions of dollars of
public moneys. The Interpretation of these
laws has fallen upon the commissioner of
pensions and the secretary of the interior,
and the persons succeeding to these offices
from time to time, while always acting I'M
der the influence of high motives, have not
always entertained the same views re-
s~pecting the purpose and meaning of these
laws, and have, in some instances, inter-
preted them each for himself, according to
his judgment and understanding, so hat
pension decisions. on some questions, are
conflicting and difficult to follow. The
pension statutes have greatly multiplied.
and il has sometimes happened that a new
statute has employed ambiguous and I'M
certain terms or has been enacted without
special reference to the body of existing
legislation upon that subject, in conse-
quence of which difficult n important
questions of law are encountered In the
Interpretation and administration of the
pension laws.
APPEAL TO COURTS SUGGESTED.
"In my judgment, a matter of this char
acter which so vitality affects the comfort
and happiness of so large a portion of our
population, and which involves. so great
an expenditure of public moneys. is wor-
thy of the attention and consideration Of
our judicial tribunals. If decisions of the
Supreme Court should be had upon a linn
tied number of test cases, it would very
greatly simplify the work of the Pension
Bureau, would inspire confidence in the
Interpretation of the pension laws, and
would lead to uniform action in their al
ministration. lit is understood that here
tofore there has been objection TO refer
ring pension claims to the courts, for the
reason that it would have a tendency to
the administration of the pension laws
from the executive to the judicial branch
of the government. This objection, Row
ever, would seem to be avoided If the num-
Der of claims which could be so referred
was carefully limited.
ITO carry into effect my views in the
PREMISES, l have transmitted TO Congress
q form of bill which has been introduced
and is row pending. In my Judgment its
enactment as a law would be in the inter-
est of good administration"
The secretary say there has been dis
bursed on account of pensions and ex-
penses incident TO the execution of the
pension laws, from 1866 to 1900. inclusive.
the sum of s., 612, 327, 64s.91. The following
table shows the disbursements for pen
sions, fees of examining surgeons, cost OF
disbursement, salaries. and other expenses
of the bureau, and the number of pension
ers on the rolls each year since July l, 1865:
Ug., Disburse- Disburse- Bureau No. of
ras ments, ments, saieries PEN