The National tribune., 1902-07-17
DEPARTMENT NEWS.

WIDOWS PENSION : ALLEGED
lADULTEROUS CONCENTRATIONS
sion claim of the widow of Alexande
Mitchell, the rejection, Jan. 3. 1900. wa
based on the ground that Claimant ha
violated the provisions of the act of Aug
I, 1882, by living in open and notoriOu
adulterous cohabitation with one Charlie
Walls since the passage of said act ant
since the soldiers death, as shown by evi
dence obtained through special examina
ton" The conclusion of the Department
on appeal is that 1.-The evidence obtaine'
by special examination fails to show an,
conduct on the part of the claimant tha
can be fairly and reasonably regarded n
indicating an adulterous connection be
tween her and Charles Walls, who lives il
her house ostensibly as bOarder."
The decision says assistant Secretar,
Campbell, June Z, 1902: 1T appears from
the evidence obtained by special eNamina
ton that Charles Walls. married maj
separated from his wife, has been living il
the same house with the claimant, osten
sibly as a boarder, for several years. Th
house has three rOoms-a large room use'
as sitting room in the day time and as
sleeping room ut night by the claiman
and a young girl 10 or II years of ag
who lives with her, smaller room use'
as kitchen and dining room, and a still
smaller room, which is occupied by Wall
as bedroom. The latter room has on
door opening into the kitchen and anothe
opening outdoors. The claimants bed
room also opens into the kitchen. There i
no direct communication between th'
claimants room and Walls room, nor is i
necessary for him to pass through he
room to reach his own.
1.-The claimant and Walls make sub
Stantially the same statement in regard t
the relations that have existed between
them. Both deny strenuously that thei
relations have been in any way improper
He pays her for his room and for cookins
his food. He eats at the table with he
and the little girl. He occupies the sit
ting room (which is also claimants bed
room when he is about the house durin:
hours not devoted to sleeping, if he desire.
to do so.
1.-The Department is unable to see il
these arrangements anything calculated t.
beget suspicion that the parties are liv
ing in adultery. The claimants genera
behavior seems to have been irreprOach
able. and her general reputation is good
Walls appears to be a quiet. steady, hard
working man. Persons who have calle(
at the house at irregular times have never
observed any evidences of undue familiar
ity between them or improper behavior OF
the part of either. In short. there is moth
ing whatever in the evidence on which Il
base the imputation that they are livin;
in adultery except the gossip of some Of
the neighbors, who think it is not proper
for a married man and the claimant to b,
living in the same house together. Th'
Special Examiners were of the opinion
that this gossip, was inspired largely by
nf ha cl hn is in
to most of her class in manners and educa
ton, and rather holds herself alOof from
her neighbors. 1t would seem that tn,
presence of the little girl might be suf
ficient to preserve the proprieties. Sht
was questioned by the Special Examiners
and her testimony, given with apparent
frankness, tends to corroborate that of tn,
claimant and Walls.
"a claimant cannot be deprived of pen
sion under the provisions of the act Of
Aug. Z, 1882, upon mere suspicion. Spe
cial examination in this case has failed t.
show any conduct on the part of the
claimant and Walls that could be fairly
and reasonably regarded as indicative Of
an immoral and adulterous connection
The action of the Bureau is reversed, anG
the case is herewith remanded for youl
further consideration"
SUFFICIENCY OF EVIDENCE
ARBITRARY REJECTION.-The deci
sion in the general law pension case OF
willis Alexander (coloredj shows that in
recent years it has been possible for 6
claim in the Pension Bureau to be clearly
allowable and even to pass successfully
through the various routine processes OF
the Bureau, and yet be arbitrarily re.
jected in the end. The decision asst
Secretary Campbell, June %, 1902 says
Not only is the existence of, and medical
treatment for, both rheumatism and
bilious intermittent fever shown by the
official record Of the appellants military
service, but the origin and existence OF
these diseases in service is testified to by
a commissioned officer of his company
and by several comrades of good reputa
ton and credibility. The existence OF
| rheumatism and the effects Of malaria
poisoning at the time of the appellants
discharge, and their continuance thereaf
ter in a pensionable degree is shown by
medical testimony Of the highest credi
bility, which is fully corroborated by in
telligent lay testimony. The medical ex
alleging these diseases as basis for pen
sion in 1889, as well as some of those
made before that time, show the existence
Of a pensionable disability from rheuma
tism and resulting disease of heart ant
malarial poisoning, and the evidence clear
ly connects the appellants condition from
these diseases, shown by said medical ex
amina tions, with his military service.
$50 far as the Department has beer
able to discover from the papers and tn,
evidence in this case no good or sufficien
reason whatever exists, or has ever ex
listed for rejecting this part of the ap
pellant's claim for pension, and, in fact
! this appears to have been the opinion o.
| the adjudicating officials of the Pension
Bureau. On Feb. "a, 1899, the Medica
Referee expressed the opinion that rheu
matism and resulting disease Of heart ant
malarial poisoning could not be rejected
upon medical grounds, and in September
1899, the appellants claim for pension oil
account thereof was 'briefed' for admis
sion, and on Sept. 8, 1899, it was legall
approved for admission for rheumatism
and malarial poisoning, and on Sept. u
1899, it was medically approved for nd
mission for rheumatism and resulting dis
ease Of heart and malarial poisoning a
the following rates of pension, 2-1S 4
Sept. %, 1895, 1918 to Jan. IS, 1899, an,
1918 thereafter.
although this action does not appea
from the papers to have been formal
cancelled and set aside, no issue was mad
thereon, and subsequently the claim wa
rejected as has been heretofore indicated
1.-The Department is of the opinion tina
the incompleted action of Sept. 8 and q
; 1899, was fully justified by the eyidenc
in this case, and that this claim shoul
have been adjudicated as indicated upo
. the brief face of those dates and in o.
der that this may be done, the rejectio
of SO much of this claim as was base
on rheumatism and resulting disease
haarf and rpalar rial noisOninp Of Dec 1.