The National tribune., 1904-03-24

puted i'm the cases which have been or shall
hereafter be allowed. shall be graded &C
cording to the degree of the pensioner S
diSa biiity from time to time, and the pro-
visions OF the pension laws in force over
the period for which the arrears shall be
computed"
NAVAL SERVICE PENSIONS, ACT OF 1867
Pensions granted under the act of March
>, 1867. commenced from the date of the
act until July Ii, 1869. when by decision
of the Chief of the Bureau of Equipment
and Recruiting, Navy Department, pen
sions for less than 20 years service were
made to commence from the date of the
report of the Board of Survey. On April
%, 1870, the Secretary of the Navy ruled
that all pensions granted under the act
should commence from the date of his APP
prevail of the claim. Finally. on June i,
1875. the Secretary ruled that the pensions
should commence from the date of filing
of the application in the Navy Depart
ment and such continues to be the prac-
ticc at the present time.
SPECIAL ACT PENSIONS.
Pensions granted by special act of Con-
gress commence from the date of their
becoming law, which is the date of their
approval by the President, or of their be
coming law without his approval.
COMMENCEMENT OF STRAIGHT INCREASE.
The act of March 3, 1873, contained a
provision which. as embodied in section
1881, Revised Statutes, is as follows:
Sec [169Sh.l Except i'll cases of per
manent specific disabilities, no increase of
pension shall be allowed to commence
prior to the date of the Examining Sur
ge0n's certificate establishing the same,
made under the pending claim for in
crease, and in this, as well as all other
cases, the certificate of an Examining Sur
geon. or of a board of Examining Sur
geons. shall be subject to the approval Of
the Commissioner of Pensions"
In case of permanent specific disabili-
ties" as above, increase commences only
from the date of law increasing the
specified rate.
THE ACT OF DECEMBER 81. 1893.
The act of December 81, 1893, contains
the following provisions:
Provided, That any pension heretofore
or that may hereafter be granted to any
applicant therefor under any law of the
United States authorizing the granting
and payment of pensions on application
made and adjudicated upon, shall be deemed
and held by all officers Of the United
States TO be a vested right in the grantee
to that extent that payment thereof shall
ifOt DC WILHhCIu VI SuSpChucu uHIlI, dlttT
due notice to the grantee of not less than
30 days, the Commissioner Of Pensions,
after hearing all the evidence, shall decide
TO annul, vacate, modify, and set aside
the decision upon which such pension was
granted. Such notice to grantee must con-
tain full and true statement of any
charges or allegations upon which such
decision granting such pension shall be
sought to be in any manner disturbed or
modified"
A decision rendered June 16, 1891,
holds:
THE act of December 81. 1893, has
no application to a case where suspen-
sion and resumption of payment had been
ACCOMPLISHED prior to its passage" e P.
D., 562)s -
A decision rendered February %, 1895,
holds:
1.-THE act of December q, 1893. has no
application to cases where reduction of
the pension was made to conform to the
decision of the Bureau of Pensions. and
TO correct a clerical error, the pension GER
tihcate showing higher rate of pension
than that originally approved by the Com
missioner" e p. D., 488)
A decision rendered May 8. 1898, holds
1.-THE act of December q, 1893, relieves
the Commissioner of Pensions of the pow
er. Heretofore exercised, of snspending the
payment Of pension pending the pro-
CcctIHk 10 IeuuCt IL, IcdV1nS the
pension to accrue during that period. and
to the pensiOner the right TO demand and
receive payment Mt the times fixed for
payments under the law. But when the
decision of the Commissioner of Pensions
is rendered, the effect thereof under the
act of December 81, 1893, is to authorize
a withdrawal of payment not only as to
such illegal part which. but for the deci-
sion. might thereafter have accrued. but
as to all unpaid pension adjudged illegal
under that decision" e p. D., 569.)
REDUCTION.
A decision rendered August %, 1896,
holds:
Pension having been reduced from So
to 50 per month, without q medical ex-
animation being held for more than three
years, it is held that the action was error
and claim should be reopened, and pen
sioner be allowed the benefit of another
medical examination" e p. D., 349)
ERRONEOUS PAYMENT.
A decision rendered February 8, 1896,
holds:
1.-THE Government can not withhold the
pension granted under the act of June q.
lSJO. to reimburse itself for moneys err
roneously paid as pension under the gen.
eral law when such pension was not pro-
cured through fraud or mistake, but was
allowed as the result OF an erroneous iudg-
mcnt on the evidence" g p. D., ID
DEPARTMENT OF THE INTERIOR
Previous to the act of March 2. 1899.
which provided for the appointments of a
Commissioner Of Pensions" charged with
the duty Of executing, under the direc-
ton Of the Secretary OF War, such duties
in relation to the various pension laws as
may be prescribed by the President of tho
United States" the military pension laws
were administered by Bureau of the
War Department; the naval pension laws
being administered by the Navy Depart
ment, and the service pension laws of 1928
and 1882 relative to the Revolutionary
War being administered by the Treasury
Department.
The act Of March 8, 1S49. creating the
Department Of the Interior, provides: (sec.
ton 437, r. S.:
"Sec. 437. There shall be at the seat
OF Government an Executive Department.
to be known as the Department Of the
Interior, and a Secretary Of the Interior.
who shall he the head thereof"
In accordance with the act Of March &
1S49. section AL, Revised Statutes, pro.
vides:
"Sec. Al The Secretary of the Interio,
Is charged with the supervision Of public
4 business rel8 ting tn fho follnuyip0 cuk;aota