The National tribune., 1902-01-30


right-the gentleman from Ohio Alr,
GrOsvenor)-denying that there was any
such ruling, and that if there was he
would have it changed. as soon as the
matter was brought to his attention. Now
hold in my hand a treatise on the pr;,c-
tice in the Pension Bureau. printed in
the year 1898. This book is prefaccd by
the following language:
Department Of the Interior.
Washington. April 9. 1898.
Sir: | have approved, and return
herewith. treatise on the practice of the
Pension Bureau, which was submitted by
you personally for my consideration.
Very respectfully.
&C. n. BLISS.
Secretary of the Interior.
ITO the Commissioner of Pensions
$50 here is a book submitted by the
Commissioner of Pensions to the then Sec
rctary of the Interior, and returned by
him to the Commissioner of Pensions and
marked approved Now, what does this
book say with reference to the practice of
the Pension Bureau? | call your atten-
ton to this language. on pages 20 and 81:
"'When such parol evidence is filed, the
examiner
IAN Examiner is an officer in the Bu-
reau who passes on pension claims.
when such parOl evidence is filed the
Examiner should call upon the War De
partment for 4 report concerning the pres
ence or absence of the atlantis at the time
it is alleged such wound was received
If the War Department reports them
present at that time, such claim is ac-
cepted as legally established upon the
| record and parOl evidence as stated: pro-
vided, from the description of the wound
and the facts and circumstances stated in
the evidence, no reasonable doubt arises
concerning the incurrence of the same
Again on pages 81 and 30, | read:
1.-The. rule of law laid down by the
Secretary is that neither record nor med
ical evidence of incurrence or treatment
in service is absolutely essential to prove
service origin; but an absence Of such
evidence should be satisfactorily account
ed for, as a claim must be established by
the best evidence Of which the ease in it's
nature is susceptible. (Nol. 8. Secretary's
Decisions, p. 3GiD IA the same decision
| ''satisfactnry' evidence is defined as
sufficient evidence, and means that
amount Of proof which ordinarily salts
fiesS an u,nprejudieed mind beyond reason-
able doubt
$50 here are two emphatic and distinct
declarations that proof beyond reason
able doubt is required by the Pension Bu-
reau before it will allow a claim for pen
SION
Mr.. Curtis, of Kansas. interrupted with
= question to make the new members un-
derstand that Mr.. Evans was Commits
sioner Of Pensions at the time, and that
this was his work.
! Then Gen. GrosvenOr said most en-
phatically:
The language of that treatise, in the
first place, is not law, as the gentleman
| will admit"
son replied placidly:
Il agree that it is not law anywhere
except in the Pension Bureau
To which Gen. Grosvenor answered in
dignantly;
''And in the second place it reads to me
a little like the utterance of a man who
| never knew anything about law, and who
cOnfuses the use Of terms of which he
| probably does not know the entire effect"
Think of that. The Republican leader
on the floor of the House-a veteran law
Yer, who stands in the front rank of the
| bar Of Ohio, saying in his place in the
House of Representatives that the Com
missiOner's utterances are those of n man
who never knew anything about law, and
who confuses terms that he cannot under
stand.
Nothing more condemnatory has ever
been said in The National Tribune or in
any meeting Of the q. A. X.
| Gen. GrosvenOr continued:
! He says, for instance, that it must be
by the best evidence. We'll, we all ad-
NIT that"
Certainly" contentedy admitted Mr..
! Gibson, 10 which Gen. Grosvenor added:
| That is a common rule OF evidence.
| Then he says it must satisfy the mind.
Well, we admit that. And then, when he
| gets to the use Of the expression beyond
a reasonable doubt that is statement
by the writer of that book. 1t is not law,
and it ought not to be obeyed by any tri-
bunal.''
Mr.. Gibson reiterated that it would not
be tolerated anywhere else in the United
States, and concluded:
"a sad day will it be for our country
when it will be said to the old soldier as
nc presents his claims to pension what
the Duke said Of Shylock:
t." 1 am sorry for thee; thou art come to
/ answer
A stony adversary, an inhuman wretch,
Incapable of pity, void and empty
From any dram Of mercy"
Mr.. Prince, of Illinois, seeking informa-
tion, asked if it were not possible to frame
a law so plain and explicit that the Com
missioner could not disregard it, but Mr..
Gibson said that that was a "coRundrum
which nobody could answer"
Mr.. Sulloway, Of New Hampshire,
Chairman of the Committee on Invalid
Pensions, Joined in the discussion. and
gave an illustration Of the Commission
er's fragrant violation of plain law, say
ing:
Il understand that the present Com
missioner of Pensions holds in defiance of
that statute, and | should like to know
,l.s, -.
says, whether mustered into the United
States service or not He has recently
discovered that man is not pensionable.
even if his head and heels were shot off.
unless he was mustered into the United
States service"
Mr.. Prince, still seeking information,
came back with this plain proposition:
Then it is not the law that Is at fault,
or the Congress of the United States. Ii