The National tribune., 1901-11-14
EVANS SEVERELY REpRIMANpEp.

the public service better informed upOl
rules and principles of that service thar
he. 1t was the general recognition of hi
possession Of these qualities in an unusual
ly high degree that led to his promotion
to the responsible position of Assistan
+ Secretary of the Interior
1t is the duty of this official to super
wise the acts of the Commissioner of Pen
scns and TO pass upon appeals from him
To an official of Mr. Campbelrs charac
ter, the law and the traditions and prin
ciples which govern the course of the In
terror Department are the supreme consid,
erations. Everybody in the Department
must implicitly follow and obey these
We have had nearly every week cases to
report in which he has had to reverse or
modify the Commissioners rulings and
practices, as being contrary to the plain
law, and the persistence of the Commits
sioner in errors as to which he had been
admonshed has led to language as strong
as official communications permit.
Recently a case came before the Assist
ant Secretary which seemed to call for Il
reprimand of more than usual strenuous
ness to bring the Commissioner to sense
of his duty, and Mr.. Campbell has not
/ hcsitated to give it. 1t would be hard
to find in the records of the Government
more fragrant disregard by an inferior
official of the orders of his superior, or a
sharper rebuke than is now given the
Commissioner for it.
Oct. S, 1900, the Commissioner made
some rulings in rejecting the claim of
Q I,n,fj,.-, oil Ind
so obnoxious 10 the Assistant Secretary
that he reversed the Commissioner, direct
ed him to allow the claim. and laid down
some general rules. deduced from the
claim, for his guidance in the future.
The Commissioner had the hardihOod to
send a slip around the Office, telling his
subordinates to ignore these instructions
from his supcrors.
Certain knowledge of this came to the |
Assistant Secretary, by possession of the |
slip, and also finding the following slip |
inadvertently included in the papers of
Martin Wagner, l1th U. s., sent up on
appeal from rejection:
Bureau of Pensions, Ctf. 346.32S. VIM |
Wagner, Il, l Battln-, 1lth L. 5. Inf
See slip of Hon. Commissioner in which |
he states that the decision in the Tolle /
case referred to herein was not to be
considered as q precedent or i'll any man
ner change the present practice of the
Bureau.
After reciting this act of insubOrdina-
ton the Assistant Secretary gives the
Commissioner these sharp orders, which
severe reprimand for the past,
and rigid instructions for the future:
The principles involved were general
ones. applicable to a large number of
cases, and it is apparent that you so con-
sideIed them, for you so expressed your
self in your communication of Aug. l,
1900 to which the Department opinion
Of Oct. s, 1900, was an answer. You :
stated, in your said communication, that
some 5000 cases, the previous year, in
Tolved the same issue. The language used,
he issues involved, and the conclusions
'eached, after an extended discussion, all
preclude any theory that the rules laid
lown in said opinion were of effect only
20 far as the Tolle claim was concerned.
The opinion Of Oct. 8, 1900, was designed
o cover, and did cover, all cases where
he issues discussed arose; its effect was
demonstrated 10 be general by its very
erms and tenor, and it should have been
20 considered by you, not only in the case
1t bar, but in all cases of like import that
laye been adjudcated since the receipt by
'ou of said opinion.
THE Department does rot propose to
lold the Pension Bureau 20 any specific
inc of detailed procedure which involves ,
he adjudication of cases like the Tolle r
.ase and the one at Tar. 1t does, how !
yer, hold and order as follows:
First. No claim under the act of June {
q. 1880. shall be deemed to have reached |
inal adjudication until all necessary evil
lence for legal adjudication has been
obtained, and a legal approval or rejec-
ion had upon said evidence.
Second. No claim under the act Of {
'Une %. 1890. shall be rejected upon the i
o-called ground of no benefit for if a r
laimant. under the act of June -, 1890. :;
: entitled to rating, from a medical
such rating shall be spread {
pom the face brief in every such case '
Mess the claim stands already rejected 1
rom a legal standpoint.
Third. In the event that a claimant \
) accorded any rating under the act of :
une ~ 1890, but is already Oh the rolls I
nder the general law. he shall be notified Q
+ the action taken under the act of June I
Z, 1890, III clear and unanbiguOus terms, +
nd no certificate shall issue under said
ct unless he shall so elect, having been :
reviOusly notified by you of the rating e
pprOyed for y
- - c'iueLt ~ luDSe accustomed 10 II
cal with appeals in pension cases that g,
ne main object Of great numbers Of APP 7
Giants IS TO obtain specific information
.Sardlng the status of their caseS. or to
ave clearer knowledge of the reasons
n actions taken by you than is given n
lem IN the letters OF advice sent out upon
le subject from the Pension Bureau ,
his point is referred to in the Depart
'ent opinion Of Oct. 8, 1900, in the Tole
lse, and it becomes daily more and more L
pparent to the Department that the num- c
er Of appeals would be greatly lessened q
the actions of approval or rejection n
ere plainly and unambiguously stated on II
le brief face. covering all the points at II
sue clearly and cOncisely. and the claim \
Mt notified of such actions in language n
nd terms which were unmistakable in Of
leir meaning, and which would convey IL
him all the information he was entitled b.
receive. J.
The legal questions in this case hav- d'
x been disposed of, there is another ques- fC
cn. one Of fact, which it becomes neces- II
iry for the Department, under the ap-
cal. 10 consider.
Claimant asserts that he is entitled
} be restored to the rolls under the act II
June 2I 1890, at a greater than So n
lte from Oct. 9, 1886, and he was med h,
ally examined under this claim for re- ct
oratiOn on March "a, 1897. The certif- II
itc of examination shows him to he over II
: yacrs Of age. , feet = inches in hight. m
nj il9 pounds IN weight. His personal fo
Dpcarance. was that of a small and slen- 20
'r man, and his body showed emaciation. &c
iused by derangcd nutrition. which. in G
irn. NAV he the result of Ct bn1io II