The National tribune. [volume] (Washington, D.C.) 1877-1917, 1902-06-26
"And in an affidavit filed Oct. %, 1899.

"And in an affidavit filed Oct. %, 1899.
he says: That he has repeatedly treated
him professionally for attacks of lum-
bago since 1894 to 1899. Said attacks
continued for about 10 days. drring which
! time he was unable to help himself. That
he averaged four or five of such attacks
a year.
That in the intervals between said at
tocks he WIS prevented. by debility of
muscles of back, from performing manu-
| nj labor. and was therefore totally diSIb-
led from following such vacations. As to
| treatment. usual local and general rene
| dies applied.
! In an affidavit flied April !. 1891. said
! witness states: That he has been the
family ph5 stefan of the claimant. Edwin
| l.. Hobart. and that he has treated him
on different occasions for lumblgo. the
| tendency to which prevents him from en-
gaging in any manual labor which would
| require any lifting or working in n stoop-
ing position.
That during such attacks lie : perfect
| ~ helpless and PROSTATE
And in February. 1898. as follows:
have attended Edwin L. Hobart repeated
| ly for the past three years for rheumatic
troubles mostly situated IN the back: that
the frequent attacks of this complaint pre-
vent him from following any regular OccrI-
of another person to move him in bed
! Further, that these symptoms are not the
results of vicious habits. as he has No
such habits.
I'm an affidavit filed Oct. 81. 1899. Dr.
John A. Gale testified as follows: | at
tended applicant. Il. l.. Hobart, in July
1898. for attack of rheumatic lumbago
| causcd by lifting heavy casting at Colo
RADIO Il Southern shops where he was
Low. HI.-.-. i. l.
! work for IL month: has had several at
tacks since. during 1898 and 1899, during
which ] attended him rs company sur
econ Of the Colorado K Southern Railway
During May. 1899, he WAS obliged to sur
render his place with the Colorado &
! Southern Railway Company. being unable
to discharge his duties by reason of the
| suffering and disability rcsulting from said
lumbaeo. Is disabled from earning his
living by manual labor in consequence of
chronic lumbago l consider him disabled
in thrce-fourths degree. This affidavit is
8. in my own handwriting.
AS far back as Jan. 6. 1892 appellant
was examined by Il Board Of Surgeons at
Denver. who reported Scurvy
Has two brownish cicatriccs on front of
left shin, and two smaller ulcers. almost
healed. on middle of front of right leg:
has rrematurely lost all teeth but two M
E'f TIRE li'lSpTS ANU UfSt Dl-
cuSpid. Bucca MUCOUS membrane and
gums red and puffy-G-1s. Llmbago
Has pain on stopping and is slightly ten
der III lumbar muscles: no other signs
Heart normal. No other disability found
to exist-i-1S. He is. in our opinion en-
titled to G-1S rating for the disability
caused by effects of scurry, lis for that
caused by lumbago.
In your report of Feb. Il. 1901. upon
these appeals you refer to the opinion of
your Medical Referee of Feb, Il, 1901.
which is as follows: The medical action
dated Nov. Il. 1899. from which claimant
appeals, is adhered to-
The opinions of the Medical Referee
are entitled to great weight. He is the
medical adviser of the Commissioner on
questions relating to an accurate knowl-
edge of medical and surgical science. and
his opinions on such questions are gener-
ally allowed to prevail, but are not bind
ing upon the Commissioner
The Medical Referee Is required to ex-
anime. revise and harmoniZe the certifi-
Gates of Examining Surgeons with view.
as nearly as practicable. to secure uni
formty in rating disabilities.
I'm this case the Medical Referee has
| Indicated his opinion as 10 the question
whether claimants condition. as described
by the Examining Boards. shows Il diSa-
tating him for earning IL support. and the
| Commissioner has acted upon that opin-
ion and rejected these claims for pension
under the act of June 81, 1880, but it is
noted that said medical officer gives no
reasons for his opinion accompanying the
report on the appeal.
Whether this was correct judgment is
before the Department on all of the evil
dance, including the opinions of the ex-
! for IT,: dor, tior, uDI J.c;u;np
The question as to whether this appel
liant is incapacitated for earning Il sup
port in degree emitting him TO n rate of
pension under the act of June -, $780,
is not wholly Il medical question.
Put if it We're. we have the evidence
of the Examining Surgeons and other ply
sicians as to claimants physical condi-
ton. and their opinion as well as the
opinion of the Medical Referee as to the
degree of disability shown.
"On questions of science or skill, or re-
iating to some art or trade. persons in
structed therein by study or experience
may give their opinions. Such persons
are called experts. Uawson's Expert and
Opin. Ev., -
THE opinions of medical experts are
not conclusive, but are to be weighed by
the jury like all other evidence i'd. 25i)
Great respect should be paid to the opin-
are no more controlling than those of any
other class or body of men, when speak
ing upon subjects which lie within the
range of common observation and expert
cnce i'd, 255l.
in the case of Carpenter vs. Calvert
tS3 ILL.,. 62J, the Court charged the jury
that. all other things being equal. they
should give greater weight to the opinions
of physicians on the subject of the tesla
mentary capacity of the testator than to
other witnesses. On appeal this was held
to be error. The Supreme Court of Hi
nois said: Physicians may be regarded
as experts as to the condition of the body
and as to what diseases tend to impair
the mind; but it does not follow, from
the mere fact that they are physicians.
that they are any better judges of the
degree of mental capacity than other meu
of good common sense
This case seems to be directly in point
with the one under consideration. We
may accept the statements of the Exam
lining Surgeons and other medical experts
who have had claimant under their OBJ
servation as To the condition. of his body.
but in what degree such condition inca