The National tribune., 1902-01-30
MIR. wARNocK's VIEWS.

! Hon. VIM T. Warnock. of Ohio, APP
parcntly StaItcd in to follow the program
of pretending confidence in the COmmis-
| siencr, but before he had gone very far
| facts of his own knowledge carried him
in an opposite direction. First, in regard
to the Commissioners inOrdinatc exact
ions of evidence. he said:
The criticism ] have 10 offer first is
! this, that under the rules of the Pension
| Dliicc the claimant is bound To satisfy the
| Department beyond reasonable doubt.
| Under the criminal laws of every civilized
! country a man charged with crime il to
| be proved guilty of that crime beyond Il
reasonable doubt. But in every civil trib-
unal, in every question involving title
| to real estate. in every question involving
| the items Of contract, i'll every question
| between individuals or corporations, III ev-
cry great question affecting the civil rights
of the people. the tribunals only require
that before one shall succeed he shall es-
| tabiiSh his claim by the fair weight Of the
testimony. 1t remains for the Pension De
uartment alone to establish the rule that
before an old soldier or his widow will be
granted pension he must establish hIs
or her right thereto beyond reasonable
doubt.
Il have in mind case now pending be
fore the Commissioner of Pensions, which
illustrates what | conceive 10 be the in
justice of this rule. Every Affidavit III
connection with this case | have carefully
read, as well as every opinion that has
been given. The case WIS appealed to the
Secretary of the Interior. and after read
ing those afiidavits and opinions, | have
been satisfied that if such evidence had
been presented in an ordinary court in Il
case involving the title to property, or any
other matter pending in civil court be
tween ordinary parties, | could 90 into
any court in the civilized world and gain
the case. for the fair weight Of the testi-
mony is i'll favor of the claim made. Yet
it cannot be said that the case is made out
beyond reasonable doubt as that
language is constructed at the Pension Bu-
reau. | say that the rule to which | now
refer has been adopted by the Pension
Bureau without any warrant of law
Mr.. Warnoci proceeded to give several
grievous eases of his own knowledge
jured at Spanish Fort.
As to the Examining Boards, he said:
another rule or practice which I think
is unjust TO the old soldier is that adopted
by the Medical Board of Examiners at
Washington, who seem TO utterly disre-
gard the reports of the local Examining
lT0dItlS. anu, hILDOul ever lluNIilS seen tnS
soldier assume to be able to decide better
as to what rating soldier should have
from the written reports of the Examin-
ing Board tnan the Examining Boards
could possibly do from personal inSJrc-
ton Of the soldier himself. If the local Ex-
aiming Boards are unfit or incompetent,
get rid OF them. If they are competent
and suitable men, then, in the absence of
fraud, the old soldier should have the
benefit of the rating given by men who
have personally examined him, and not
be compelled to take the rating of men
sitting in their offices hundreds of miles
away from the old soldier
Mr.. Wanock denounced the cxactions
i'll regard to proof Of marriage, aud in
stanced n lady 40 years old. who was
married over 80 years ago, and whose
pension is withheld because she cannot
produce witnesses TO prove that neither
she nor her husband was eyer married
before.