Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-02-01
Effort to Have Former Commission
er's Ruling Renewed.
COST OF PENSIONS GRANTED UNDER IT
The PROVISIONS Of the Act of June
27, 1890.
G f RITZ f 1 G. ATES GRANTED

mt itlcIhDtFS III lle pension committee
of the National Encampment Of the Grand
Army of the Republic, together with the
commander-in-chief Of the order. have been
in Washington during the past week en-
deayoring to influence Congress sufficiently
to have pension order l64 reinstated. Order
1871, which had its origin in the admins
tration of Commissioner Raum, has been
more talked about ard has provoked more
dissension among the old soldiers than any
other rule that was ever issued by the de-
partment. Although the rule was revoked
the nth of May, 1895, and was on'y In
operation little oyer three years, 1t costs
the government every year about $4,000, 600
to satisfy lhe pensions which were issued
under it.
1t has been contcnded by those who are
In a position to know that the reinstate-
ment of this order. which is sought by the
q. A: r., would add to the pension appro-
priatioh at least $slTo.co0. and it might
&c to sI5,Gg1.GNo q year. Ii has been de-
clared that order t4 was illegal: that it
had no ofticia! sanction and should never
nave been put upon the pension books
During the time It WAS in operation it was
the boast OF the department that 1000 new
certifcates for peaslon were issued each
Gay. 1t was during this period that the
pension attorneys fattcued their Golfers.
and 1t is argued this is one of the reasons
why they are so earnest now in having this
order rei!Istated.
The Order Considered.
1t may be of interest to know something
about this famous order, and a reporter of
The Star examined the subject at great
length yesterday, with the following re-
suit:
The tit { of the act of June -, 1880 reads
as follows: An act granting pensions to
soldiers and sailors who are inca pa cita ed
LOT me performance OF manual labor and
proNialnS Tor pensions to widows minor
children and dependent parents
Inc second section OF the act grants pen
SION on account OF ninety days of service
ourlhS the war III the rebellion to all those
VINO are suffering from Il mental or phys-
ical Gisabi ity al Il permanent character
not the result u their own vicious habit
which ifc"paritJtes them from the per
l"inaHce ul manual labor in sucn a degree
as to render taem unable TO earn a sup
port.
iheE mall be EMIT led to receive a pension
ipt eAteeu'hS 81 per month, and not less
IMAM ~ per month. prpportioned 10 the de-
gree Of inability tn earn ii support
II Will be SeeH that this act grants men,
son Tor All disabilities of permanent
Character whether due to service or not
II pensions for disabilities that existed prior
l" the soldiers enlistment as well as those
contracted since his dl discharge from the SER
vice. but imits the highest rate of pension
to ST. per month.
nder The general law pensions are grant
en only Tor disabilities Which were incurred
in the service and line of duty. and no
other disability is considered in fixing the
rate of pension. The. law specifies certain
disabilities by name and fixes a rate of pen
SION therefor. These diSa bilitieS are there
fore designated a. Specific disabilities
There are other classes of disa bilities sim
liar in their character for which specified
rates are fixed by schedule approved by
the commissioner of pensions and the Sec
Rotary of the Interior. t
Total Deafness.
The law fixes the pension for total deaf
ness at $40 per month but does not specify
any rate for minor degrees of deafness.
The pension bureau fixes these rates by
schedule. which has received the approval
of the Secretary of the Interior. Thus,
total deafness of one ear is rated at $40
per month.
After the act of June ~ 1891. was passed
the question arose whether disabilities not
contracted in service should be rated there
under the same as If they were of service
origin. After considerable discussion of the
question Commissioner Green B. Raum is.
sued order No. 1854, which was dated Octo-
Der II, 1890. and which read as follows:
In regard to fixing rates of pension I'M
der the act of June u, 1880: That all
claimants under the act of June p, 1880,
showing a mental or physical dis ability or
disabilities of permanent character not
the result of their own vicious habits, and
which incapacitate them for the perform
ance of manual labor, rendering them una
BILE TO earn support in such a degree as
would be rated under former laws al or
above 81 and less than ST. shall be rated
the same as like disabilities of service ORR
gin. and that all cases showing pension
able disability which, if of service origin.
would be rated at above So per month
shall be rated at s12 per month"
This order was approved by Cyrus Bus
sey, assistant secretary of the interior.
Governing the Rating.
1t will be seen that this order required
that all cases showing a pensionabe disa
bility under the act of June ~. 1890, should
he rated as if of service origin. Under
tEe terms OF order No. 1854 several hundred
thousand claims were adjudicated and there
was no interruption to the avalanche of
pension certificates following the issuance
o. said order until after January Z, 1873,
when an effort was made to check the
very liberal manner in which rates of pen
sion were fixed by the pension office.
In a decision made that date in the case.
of Henry IL. Weike, Assistant Secretary
Bussey holds hat order No. 164 does not
authorize the practice of adding separate
nominal and schedule rates allowed for
several disabilities in making a rate under
this act That in approving said order lie
die not irtend that small rates should be
added together, as for example. three or
more rates Of 2-1s in order to make rate
Their stated that man may have two or
more separate affections, either of which,
considered singly, entities him to 81 rate
under the old law, and yet in the aggre-
gate they may not disable him for the per-
Torrance of manual labor to-a much great
er degree than either of them existing
alone.
The assistant secretary further held that
the basis of rates under the of June
~ 1890, is inability to earn a support by
reason of incapacity for manual labor due
to permanent mental or physical dis;i-
bIiity. In determining whether an appli-
cant is entitled to rate under said act
for the character of disability aforeInen-
toned the only question Is: Is he, from
the cause or causes involved-be they one
or many-disabed for the performance OF
ma nuaI labor to the extent represent ed by
the fractional rate of 6-1S. If SO, he Is en-
titled to the minimum rate of &c. and so on
until the maximum rate of ST. is reached
Order Practically AbrOgated. .-..
The assistant secretary practically abro-
gated order No. 1874 by directing that the
views herein expressed be observed in fu-
ture adjudications of claims under the act
OF June -, $780,
a persistent effort has been made by GER
tain claim agents and others to make it
appear that Commissioner Raum's construc-