The Bellefontaine Republican. [volume] (Bellefontaine, Logan County, Ohio) 1855-1905, 1902-01-24

who were heard ex parte m opposition a
TO the application, the applicant having o
no opportunity to examine those wit t
uesses. 1t is upon this sort of testi- y
mony, brought out by special examiner q
who hunted up witnesses and took Q
their evidence ex parte, without the c
knowledge of the claimant, that many
OF these cases are decided. IL
10 this case the applicant had no op-
portuuity to know the evidence that
was being brought forward against his
claim, save as obtained knowledge OF
it myself at the department since !
came TO the city of Washington. So
that, instead OF there being an ex parte
case In behalf Of the applicant, the
proceeding Is more ex parte on the
side OF the Government. Such a thing
ls not right. l believe that there |
ought to be such legislation as will |
give a claimant under these circum-
stances an opportunity TO crOss-examine |
the witnesses who are examined in OPP |
position to his claim. / believe that il
such opportunity was afforded it would
preserve the rights of many an sppli-
cant who is now denied the benefit OF
the provisions OF law which Congress
has enacted in bis behalf.
Mr.. SULzER. Why do not the rep
resentatives Of the Republican party
bring In an amendment TO the law to
that effect?
Mr.. WARNoCK. Well. II | had been
in Congress before this term l would
have done so long ago. will do SO at
the first opportunity.
| Mr.. SULzER. / hope so, and I will
support the gentleman in securing such
an amendment to the law.
Il Mr. WARNOCK. | hope to be support
ed by the gentleman and many others
on his side. Many of our soldiers at the
close of the war, and for many years
thereafter. would not apply for pen
sion because they were able to make a
living and were too proud to put them
selves In the position of seeking help
from the Government. That certainly
; was an honorable feeling, and yet that
fact Ia made one reason for requiring
' claim that Is presented for the first
time, years after the war closed, to be
established beyond q reasonable doubt.
, The mere fact that q man has not as
serted his claim TO any legal right he
may possess until after the lapse oi
many years, does not OF itself require
q hf,r. In nfuf
o tablish that right beyond q reasonable
}. doubt, but only by the fair weight o
the evidence. The great lapse Of time
may, however, be q circumstance tha
= may be considered In passing upon the
i weight Of his testimony. II there b'
o no statute OF limitations in the way
% the plaintiff In our civil courts can re
u cover IS we'll after thirty years on th'
l fair weight OF the evidence as he could
. in three years.
VI Another rule or practice Of the Pen
sion Office to which most emphatical
I'll lly object and for which can find nj
~ warrant In the law, is that which re
:, jects q claim for pension on the grount
that the claimant has no hospital rec
:, ord showing the disability on sccoun
= :, of which he asks for q pension. haf'
received several notices of the rejec
y tion OF clai ms for pensions in which tn,
= only reason assigned for the rejection
was that the claimant had no hospita
record. II there were other reason
70 they were not disclosed.
Some Of the best soldiers ever knew
incurred disabilities in the Army dur
:. ing the civil war and yet never ha'
any hospital record. One Of them lie
:, at his home In Urbans, Ohio, today,
:, total wreck. from the effects of tn,
concussion of an exploding shell at tn
battle of Chicamauga. He was no
e struck by any piece Of the shell, but i
exploded 80 near him as to knock hin
:, down and injure his left eye and ear
He was not sent to the hospital; but a
the years advanced the sight and hear
ing became weaker and duller, unit
a he became totally blind 10 the left ey
and deaf In the left ear, causing hi1
;, The most intense pain for the last fe'
years, and resulting in nervous pros
- tration. He did not apply for per
- sion for twenty years after the wal
= and only obtained an allowance of 81
=, per month. He was refused more be
- cause he had no hospital record. Thi
"a decisi ON was rendered within the las
six months.
ne Another case: A man In my reg
,s- ment was injured at Spanish For
nj. Ala, in April, 1865, while lifting som
q timbers in the construction of SON
ar forti & cations at that place. The il
lie Jury resulted In hernia. He preferre
TO remain la his tent, and his injur
NO was of such character that he could
ns so very we'll. He has no hosrital re
ha ord. The hernia did not trouble hi
IA. so much at first, and by the use Of
I truss he could get along very well. f
.rv wrs also shot il the hand, which r
he suited in the great impairment Of i
of use. He did not apply for any pensit
,sa for any cause until more than TWEEN
,en years after the war, and then did u
,ad mention hernia" as he could g
in along fairly we'll with truss, but Il
rty hernia gradually grew worse, until
ril at last made application for an ipcrea