The National tribune., 1902-02-06
THE RULE AS TO EvIDES, f.


priation Bill, Mr.. Gibson, of Tennessee,
brought out very clearly the obnoxiousness
of the Pension Bureaus practices as to
the rules of evidence which obtain in
every court in the United States. He
said:
my view 0f the law is this, and l was
just on the point of giving it: The law in
all civil cases in all the courts of the
Union, State and Federal. is that the pre-
ponderance of probabilities shall prevail.
! That is the law in civil suits. and the law
| that requires proof beyond n reasonable
doubt exists only in the case of Il man
charged with q violation of the criminal
| law"
Mr.. Nevin, of Ohio, intcrposed: And
that is in his favor"
To which Mr.. Gibson answered:
Yes; that is for the benefit of the ac-
cuScd. Then the State must prove her
case against him beyond reasonable
doubt. The origin of that law was this:
When that law originated. defendant
could not he Il witness in his own behalf.
In the next place, there is general rule
of law that every man is presumed TO be
innocent until he is proven guilty: and TO
overcome those two things the judges held
that the Government must make out her
case against the defendant whose
mouth was thus closed and in whose be
half the presumption cXiStcd-that the
Government must make out its case
against man charged with crime be
yond reasonable doubt. But in civil
suit. between man and man, whether the
amount involved is one dollar or a million
dollars, if the plaintiff satisfies the jury
by the prepondCrance of probabilities he
is entitled to Il verdict. The judges
charged jurics that if, in weighing the
evidence, the scales are equally poised, the
plaintiff must fail: but if there be ever
SO little 4 prCpOnderancc in favor of the
plaintiff, the jury must find in his favor.
Mr.. Chairman, this ruling of the Pension
Bureau that a claimant must make out
his case beyond n reasonable doubt is the
cause of a great many applications to
Congress for individual relief"
Mr.. Gibson went on TO explain that be
cause of this violation of plain rules Of
law Congress was asked to pass so many
special pension bills for the benefit of the
victims of the Pension Commissioners in
Justice. He said:
''Now. to get back. was gong to say,
when this DEPRESSION occurred. that n
great many Si2 pensioners come before
the Committee on Invalid Pensions. They
bring cases to us showing where they
have applied for n pension under the gen
eral law. We read the evidence and we
are shocked to think that the Pension Bu-
reau should have turned down such a case.
Perhaps man is totally blind, absolutely
helpless from rheumatism, paralysis. or
other disease. Perhaps he received
wound. He claims his disability is of
service origin. He makes very strong
proof. But the Pension Rurenu tuus
him down because he has not made out his
case beyond reasonable doubt, and gives
him only So a month under the aat of
1880, whereas under the general law he
would have been entitled TO $50 or So
month. The soldier feels outraged; his
ncighbors feel indignant; they appeal to
their Congressman; he files Il special bill.
and the case comes before the Committee
on Invalid Pensions.
Il had such Il case in my own dis Jct
His rame was James Webb. His shoul-
der bone had been broken by a bullet. 1t
resulted. as the Surgeon of the Pension
Bureau testified. in paralysis of his whole
system, the result of which was he had
to be treated like Il baby, lifted in and out
of bed by another person; and the Sur
geon OF the Bureau rated him at So per
month; hrt the Pension Bureau held that
the disability from paralysis did not re-
suit from the bullet wound, and gave him
only S12 under the act of 1890. / brought
the case here by a special bill and Con
grcSs gave the soldier $40 month Now,
these are spccimnes of the eases our com
mittee are called unon to deal with
Then apologists for the Commissioner
tried to shield him behind the Medical
Referee though everyone knows that the
Medical Referee is merely the Commits
sioner's clerk, and must make his rulings
to carry out the Commissioners preju-
diccs and hiascS