The National tribune., 1901-09-26
DEPARTMENT NEWS.

ACT OF JUNE 81, 1s90-"NO BEN
Eft REJECTIONS.-In the pension
case of Martin Wagner under the act of
June 81, 1890, the claimant was pensioned
at So under the general law, and his claim
under the act of 1890 was rejected on the
ground of ''no benefit" as he was in re-
ceipt Of as high rating, under the gen
eral law, as he was entitled TO under the
set of 1890. This action was taken be-
fore his claim was legally established, ii
accordance with q settled practice adopt
ed with q view to saving claimants and
the Pension Bureau unnecessary trouble
and expense.
The decision assistant Secretary
Campbell, July 20, 1891 says:
Upon an examination of this case the
actions taken appeared 10 be similar in
character to those in the case Of Jonathan
Tolle of Co. +, 23d Ind. Vol Inf; aud
investigation showed that when the Tolle
case was originally considered, an opinion
being rendered therein on June 80, 1890,
said opinion was, in some respects, ad-
judged by you to be in conflict with for
ner holdings of this Department. You re-
turned said opinion to this Department
asking for further information upon the
views presented, the views of the Depart
ment being thereupon expressed in a com
munication to you dated Oct 8, 1900. Said
opinion. somewhat at length, disposed OF
In all questions raised by you, and the is
sues within case, as heretofore stated, be-
ing on parallel lines with those in the TOlle
case, 1t was returned to you with instruc-
tons to adjudicste it in conformance with
the views of the Department as outlined
In the communication Of Oct. 3, 13OU, and
to then return it to this Department.
THE papers are now before the De
partment, but the action requested has not
been taken. The brief face has attached
thereto q small slip of paper, unsigned,
bearing the following:
bureau of Pensions, Ctf, 346,32S.
VIM. Wagner, b, Battln., IL U. S. Inf.
See slip Of Hon. Commissioner, in
which he states that the decision in the
Tolle case referred 10 herein was not to
be considered as a precedent or in any
manner change the present practice Of
the Bureau
THE slip cited was not found in the
case, but in the files OF the Tolle case
there is a memorandum among the loose
papers, of which the slip attached to the
brief face in the case at bar appears to be
a partial but a correct quotation"
Referring TO the scope of the decision
in the Tolle case, the Hon. Assistant Sec
Rotary says:
1.-The principles involved were general
ones, applicable to q large number OF
cases, and it is apparent that you so con
sidered them, for you so expressed your
self In your communication of Aug. !,
1900, TO which the departmental opinion
of Oct s, 1900, was an answer. You
stated, in your said communication, that
some 6,000 cases, the previous year, in
volved the same issue. The language
used, the issues involved and the conclu'
sions reached, after an extended discus
sion, all preclude any theory that the
rules laid down in said opinion were Of
effect only SO far as the Tole claim was
concerned. The opinion of Oct. s, 1900
was designed TO cover, and did cover, al
cases where the issues discussed arose; It!
effect was demonstrated TO be general by
Its very terms and tenor, and If SHOULD
have been so considered by you, not only
IN the case at bar, but in all cases Of Ike
import that have been adjudicated since
the receipt by you of said opinion.
1.-THE Department does not propose t.
hold the Pension Bureau to any specific
line of detailed procedure which involves
the adjudication of cases like the Toll
case and the one at bar. 1t does, how
ever, hold and order as follows:
"First-No claim under the act o. jun
n, 1890. shall be deemed to hare reached
final adjudication until all necessary e7i
dence for legal adjudication has beer
obtained, and a legal approval or reiec
ton had upon said evidence.
"Second-No claim under the act o
June 81, 1890, shall be rejected upon tn
fo-called ground of no benefit for if
claimant, under the act of June q, 1880
Is entitled to a rating, from n medica
standpoint, such rating shall be sprea'
Rpon the face brief in every such case IN