The National tribune., 1900-05-17
THE new PENSION LAW.
Commissioner Evans Says that He Will
Construe II Literally.

In order to obtain an authoritative state.
ment from Commissioner Evans relative
to the administration Of the so-oalled
GAR. Pension Bill" passed by Congress
last week, one of the editors of this paper
called and made inquiries relative to the
subject.
"Is the new law to be literally constructs
was the first question.
Mr.. Evans replied: "Yes; we intend to
construe the law literally. have had nv
Chiefs of Divisions in consultation this
morning relative to the practice under the
act. As you know, the new act does not
change the existing law, except as to
widows, neither does it change the Bussey
ruling, nor the other decisions under which
we have been working
"Do you propose to take into account all
the disabilities in order 10 make q cumula-
tive rating? l ask this question because
believe that the administration Of the law
was so intended and desired by Congress"
Yes, said Mr.; Evans; in point of fact
we do so now. The trouble we have in the
Office is on account Of the wide divergence
OF ratings by the local boards For in
stance, some boards will rate the same
disa bility at two or three times as much as
another board. Some Of these examina-
an allowance of $50 or $40 a month as the
sum Of the various disabilities specified.
when they know that under the law Of 1890
S12 is the maximum that could be granted.
The result is naturally dissatisfaction. We
now take everything into consideration
by manual labor, Just exactly as this law
Stipulates we shall.
How many claims do you think this law
will affect" was asked.
There is no way of determining this.p
said the Commissioner;. perhaps about
10000 widows, who have been once rejected
on the ground Of having larger income
than permitted the granting of pension.
Still, We have no statistics that will show
exactly what the number will be. Many Of
the rejections, of course, have been made
on other grounds than surplus income.
Then there viii be no doubt new appliea.
tons from those who have not heretofore
applied, knowing that they would be reject
ed on account Of the amount Of their In.
come"
The following question was then put ia
the Commissioner: Suppose a widow
applied for a pension 10 years ago, and was
rejected on the ground that she already
had an income of. say, $500, and that she
now under the new act should renew her
application, when will her pension beign?"
The Commissioner replied, "That point
has not been settled. The law specifically
says that new applications shall be made
subsequent to the date of the passage of the
act. 1t does not say that the ratings under
it shall be retroactive. There is common
principle in practice to the effect that no
law Is IcuOetCtiNc uiitc.SS IL SO SIlpulato<
the act itself. If We are to follow this
practice, therefore, in applying this act to
rejected widows cases, the pension should
begin from the date of the new application.
OF course, under the old law of June z,
1888 pertaining to old law claims) the
pension begins from the date of the death
of the husband, when it can be shown to be
due to diseases or injuries contracted in the
service, but under the new law such is not
the case, and it seems to me off-hand that
the pension must now begin from the new
application, as l said before. don't wish
to be understood as making this as a final
decision, but this is the way it seems to me
it ought to be upon the face Of it,"
ITO return to the original proposition"
said the interviewer" it seems to us that the
main thing involved is the hberality of
construction in the matter of ratings for
several disabilities. viii you be liberal
in this Particular
"Yes," said the Commissioner, in closing
the interview, Il will be liberal, although I
think we are pretty liberal now, and we are
allowing good many pensions to claim
ants that have heretofore been rejected; but
you must remember that, with the exception
of the widows cases, this last act of Con-
gress makes no change in the law. l would
have preferred different action. / am
only speaking in general terms as to
effect of act just passed. 1t has not yeteome
to the Bureau officially, hence has not been
considered officially, but am prepared to
say that most liberal construction will
be put upon the law and generous adj
ministration of it will follow. have already
set a force at work to draw the widows
files and be prepared to give them prompt
action.
an the old law cases will you accept the
testimony of officers and comrades to show
origin of disability, without requiring
medical testimony"
"Yes," replied the Commissioner; "we
do that now" II there is no hospital or
medical record, we take the testimony Of
officers and comrades; that is our present
nractice"