The National tribune. [volume] (Washington, D.C.) 1877-1917, 1902-05-15
DEPARTMENT NEWS.

~
PERIOD-DISABIL NOT PER
MANENT.-In the general law pension
claim of Charles L. Starr spanish War;
Assistant Secretary Campbell rendered q
decision on March %.
In this case the application for pension
was filed three months after discharge
and based on disease of respiratory
organs, disease of heart, disease of
nervous system, and chronic diarrhea or
dysentery. The frst-named disease was
subsequently withdrawn probably cover
ed by heart diseased and the claimant was
examined on the other disabilities in May,
1900, and June, 1901. The claim was re-
jected Immediately after the second medi-
cal examination, on the ground of no pen
sionable degree of disability.
The decision says: THE general stat
utes relating to pensions do not re-
quire that a condition or conditions es-
tablished as of service origin must be
shown to be of a permanent character be-
fore certificate of pension therefor can
issue; but it is nevertheless, the estab-
lished practice of the Bureau, as ap-
proved by the Department, TO allow
pension only when such conditions are
believed to be such as will prove to be
more or less continuous in their disabling
effects. as such practice is thought TO be
in accordance with the spirit of the law
otherwise the Government would be
placed in the position of paying a pen
sion for a condition that had ceased to
exist; and such practice has been deemed
all the more advisable since the abolition
of the biennial examination of pensioners
There is however, no provision of law or
rule of practice which denies a pension.
able status to a soldier, sailor, or marine
who, while serving in the recent war with
Spain, incurred, contracted or received
any cause or causes of disability, in such
service and in line of duty, which per-
sisted Tor a sufficient length of time, the
duration of which can be satisfactorily
shown by competent evidence to amount
to source of actual disability, but which
may subsequently, be shown upon medical
examination to have ceased to exist in a
pensionable degree, such pensionable
status to obtain from the date of filing the
claim for pension to the date of the medi-
cal examination showing an absence or
cessation of pensonable degree of dis
ability; provided that such pensiOnable de-
gree of disability was not a mere temper
AIRY condition, of short duration. indef-
mite existence, and of unknown or lily
defined extent, but, as was held, in effect,
in Departmental decision of Feb %,
1902, in the case of Cassidy c. Cook. late
Captain, Co. NJ, list Ohio Infantry (war
with SPAIN, such degree of disability
should continue for a sufficient length of
time, the duration of which can be salts
factOrily determined from the facts pre-
scented, to justify the allowance of a pen
sion during the time the soldier was so
disabled subsequent to the date of filing
his claim therefor.
"As matter of course, il is practical
ly impossible to lay down any set rule by
which all claims of this character can be
determined; but it is believed that the gem
era! views herein enunciated can, by the
1udlclous exercise of reasonable amount
of care, be applied TO analogous cases.
"ln the case at bar, the time elapsing
between the dates of filing the original
declaration for pension and of the medi-
cal examination tending to show the alb
sence of a pensionable degree Of disabin-
ty, respectively, IS =. little over Is months.
during the greater portion of which the
appellant, according to the evidence ad-
duced in the premises. was disabled in n
pensionable degree. In the case of Cool.
herein cited, the period of the existence
of reasonable degree of disability was
somewhat longer. Each case of this kind.
however, must rest largely upon its own
merits as determined by the facts there
in presented.
"1n consequence of the principles here
In laid down, 1t is held that the ground
upon which the action appealed from was
based Is untenable. Such action is, there
fore hereby reversed. and the Bureau will
please proceed TO re-adjudicate the appel
lants original claim for pension in ac-
cOrdance with the views herein set out.''
PAYMENT OF ACCRUED PEN
SIOY-PRESUMPT OF DEATH.
in the case of the widow of George IT
Overocker, pension was granted on the
presumption Of the soldiers denth. in ac-
cordance with the terms OF the act of
March l3, 1896, but payment of the ac
crued pension Of the soldier This claim for
general law pension being granted subse-
Quent TO his disappearance was refused
on the ground that there is no satisfac-
tory evidence Of the date of soldiers
death by which to fix termination" An
peal was taken, contending that the ayi
dence tended TO show that soldier lost his
Hfe by drowning, and that the date of his
death had been fixed by allowing The
widows pension from Aug 6, 1900
The decision ASST Secretary Camnbelr
March 8, 1902 says:
at may be stated that II this apneol
were to be disposed OF upon the merits
Of these contentious only it would he
readily overruled Or dismissed. for the rea-
aon that, first there is no definite nrooe
that the soldier lost his life at the timc
and In the manner stated. The Testimony