Sunday Washington globe., 1902-02-09

change Evans new scheme for coucealing
the degrees Of disability will be sufficient
TO hold down the gains" This is a direct
result OF the scheme to unlawfully conceal
degrees. (GLOBE Nov. "a, 1qoI)
In Instructions" P. d. July 25, 1897,
Assistant Secretary Davis prohibited Evans
from using such pitfalls" but Evans,
through the policy Of the administration TO
defeat pensions, was able to override Davis
through the Secretary Of the Interior, and
got his book approved over Davis obiec-
tion. The Pension Department is ready to
come back'to Raum's practice ostensibly,
but by use Of strings" will nullify the re-
suits
AS long as the President keeps the bandit
Evans IN as Commissioner, overruing,
overriding side-tracking aud refusing to
execute the laws by pretended reconstruc-
ton Of laws which have stood since the
organization of the Government, the Presi-
dents message in praise of the veterans
and their merit, stands as a tantalizing in
suit to the veterans; mere mockery a
prize contest with Congressman in essay
writing, rhetorical flourish in which the
President Wed with the past efforts Of
Senators and Representatives in sentence
ulhklnkt III AOpGbt nkAlNot lAAAa-
positions, antithesis, catacousties, and pero.
ration, as if to say, Me too" "The words
of his mouth were smoother than butter"
but with the daring of the highwayman he
holds-up and sand bags the civil war vete-
rams, and openly deprives these old men OF
their legal rights. The President controls
the situation. and can stop lawlessness.
Congressman follow the same tactics ''to
pull the wool over the eyes" Of the veterans
by pretending not to understand Evans
frauds against the veterans, while knowing
all about it. Congressman Bell, on January
I3 this year, pretended to believe that the
old law cut off diseases Of which no army
record is extant, and that the old law was
limited to diseases Of record, and he pre-
tended to wish that the law could be
changed He knows much better, The
rules of evidence in courts constitute the
law of evidence in pension cases. (See the
legal opinion of Attorney General Cushing
published in P. D., page 4o3, and GLOBE,
December 49, 1901, and January S, 1902
Bell knew all the time that Evans had un-
lawfully written limiting OF curtailing
clause in the old law (section 46o3), in effect
these words: "But this law shall not apply
to disabilities of which there is no army
record, or no surgeon who can testify to
existence of the disability IN the service or
at discharge" The rules printed in Evans
Office practice book, pages 20 to 80, are
cunuingly framed to deceive the non-pro-
fessiOnal reader, and to lead him, on
casual reading to think lay testimony is
sufficient without the army record or army
surgeon showing the disease in service;
but when considered, aud as practced in
the office, the accepting of lay testimony
THAT of officers, FIRST sergeant comrades
aud neighbors), is finally made to depend
upon the preliminary evidence by an army
record or surgeon. This point is scattered
about in different places IN those pages, 10
deceive the unwary; but II is there, and is
strictly followed in the office. The rule is
a fiat against civil-war veterans, excluding
the lay testimony after it is fled, no matter
how many comrades and officers testify,
nor how certain, definite, explicit, and
strong their testimony may be. The claim
is rejected as by estoppel for want Of the
record or medical evidence as above The
Law testimony can't be considered because
of this unlawful rule which Evans has re-
vived from the Black Commissionership
period The form Of rejection used in the
Office. as shown by the notices of rejection,
H. ANIENANA oH AAN EANAAA VI AN amy
record medical testimony or other salts
factory evidence to show existence of the
alleged disease in service or near dis
charge" The phrase, or other satisfactory
evidence, ," is a mere disguise and a part of
the fraud Evans holds that no lay testi
nony can be satisfactory" unless ic is sup
ported by record or medical evidence at
discharge.
Not dozen cases can be found allowed
in the files in violation of this rule of
estoppel OF absolute unremovable limitation
unlawfully set up by Commissioner Evans.
The few cases which can be found as excep-
tious have had a Congressman or high Of
fetal backing the claimant, and the allow
ance has been as a favor to them. This is
why Congress won t permit an investigation
of the pension office. Congress or the
President could stop it instanter by single
word The illegal rules when read to-
gether, make no distinction between OBJ
scure and not obscure injuries, diseases or
wounds, OF claims for original disabilities
or new disability. Take page 20: AS a
general rule it may be stated that lay testi-
mony, when unsupported by (armyl record
| or by medical evidence, cannot be accepted
! as proof of service origin To show origin
| be produced. The testimony of the sur
| geon who treated the claimant for the al
| legged diseases in the service is sufficient to
/ show origin, but if that cannot be had, and
there is sufficient medical evidence of con-
dition at OF within reasonable time after
discharge, then that of an officer, first ser
geant or two comrades will be accepted to
show origin" (Book of Practice BY Evans
maze "a actions 1 and
AS a fact, the phrase near discharge" is
dead letter in the Office practice, and not
a dozen claims have been allowed on it
since Evans came into Office. The army
record OF medical evidence must show in
the army The exact disease which soldier
| alleged in his claim, or on which the widow
| or minor relies. Where the army record
shows the soldier sick in hospital, but gives
no diagnosis (fais to name the disease)
that is held to be no record, and not sufh-
cient to let in the lay testimony, no matter
how strong or by what number Of comrades
/ An investigation of the Office files Will prove
these facts beyond all controversy. The at
torneys have had thousands Of cases re-
! jected in this way, where the lay testimony
! abouvpd bevond the remotest doubt that the