Evening star., 1904-03-17
new PENSION ORDER
Effective After April 18th
Next.
AT SIXTY-TWO YEARS
VETERANS OF WAR OF REBEL
LION THEN PENsIoNABLE.
Commissioner Wares Statement as to
the Precedent for Present
Action.
AT SIXTY-TWO YEARS

after April 13 all applications for pensions
from veterans sixty-two years old shall be
considered as disabled one-half in ability
to perform manual labor and entitled to
pension at Sc per month; veterans, sixty
five years old and over, are entitled to SS
per month; sixty-eight years, $40 per month,
and seventy years, $12 per month. This is
one of the most important rulings that has
been made by the commissioner of pensions
for a number of years, and VIII have
most far-reaching and beneficial effect, it
is believed. There is said to be an advan-
tage and saving to the government by the
operation of this order, for the old soldier
who. has reached the age of sixty-two years
is able to prove, without Unnecessary ex-
pense to the pension office, that he is at
least one-half disabled to perform manual
labor and therefore entitled to pension by
his government.
Text of the Order.
The order of the commissioner of pen
sions follows:
Ordered: In the adjudication of pension
claims under said act of June 27, 1890, as
amended, it shall be taken and considered
as an evidehtial fact, if the contrary does
not appear, and if all other legal require
ments are properly met, that, when
claimant has passed the age of Sixty-two
years ne is disabled One-naII In aDlllty TO
perform manual labor and is entitled to be
rated at Sc per month; after siXty-five
years at So per month; after sixty-eight
years at $40 per month, and after seventy
years at $12 per month.
allowance at higher rate, not exceeding
$12 per month, will continue to be made as
heretofore, where disabilities other than
age show a condition of inability to per-
form manual labor
This order shall take effect April IL,
1904, and shall not be deemed retroactive!
The former rules of the office fixing the
minimum and maximum at sixty-fve and
seVenty-five years, respectively, are hereby
modified as above"
The order itself is preceded by pream-
BILE which. after citing the law, says the
pension bureau has established with rea-
sonable certainty the average nature and
extent of the infrmity of old age; that
thirty-nine years after the Mexican war,
Congress- in 1887, placed on the pension
roll all Mexican war soldiers who We're
over sixty-two years old. q
What Commissioner Ware Says
Commissioner Ware, just before leaving
for a trip south for his health, spoke as
follows regarding the order. which he said
would save both the old soldiers and the
government great deal Of money and
time
There has long been in the bureau a rule
liking maximum age limit at S12 for sew
enty-five years. This was made during Mr..
Cleveland administration by Commissioner
Lochren, now federal judge in Minnesota.
THE sixty-five year minimum limit has
been long while in force in the bureau
but l am not advised by whom 1t was es-
tablished, nor is 1t particularly material,
since 1t met with general acquescence
Ihe act OF Congress which was passed
IN the latter part of January, 1881, and ap-
proved by President Cleveland put all the
Mexican war veterans on the pension roll
thlrty-nlne years exactly after thesend of
the Mexican war The Mexican war ended
ofilclally by the treaty of Guadalupe HidaI-
go, February =, 1913, although hostilities
had ceased before that time according TO
the capture of the City of Mexico
1T would seem that if thirty-nine years
after the expiration of service a Mexican
war soldier was entitled to a pension at
years, and no other requisite for
drawing a pension should exist except age,
that to soldiers of the civil iwar who fought
vastly more and longer, at least as good a
rule ought to apply.
THE Mexican war limit of sixty-two
years was probably brought about by the
wellknown army limit of sixtv-two wears
at which officers are retired,
Ihere seems TO be general consensus
of opinion that at sxty-two years the dis
abilities % of old age have set in.
The order could not have been issued
earlier, because it is only now that the
thirty-nine years fixed by the congressional
limit has been reached. The civil war
ended April 13, 1860, and in enlistment in
the loyal states those who enlisted after
that time are held to have no nension HE
service during the war of the rebellion
Hence the thirty-nine years would expire
on the 18th OF next month, and it is very
proper that the order should he issued
fixing the sixty-two years as the minimum
age limit and the biblical three score and
ten is the maximum
Advantage and Saving to Government.
There is an advantage and saving to the
government in the use of this order, be-
cause every old soldier who has reached
the age of sixty-two years is able to prove
almost without possibility of doubt that
he is one-half disabled from earning his
support by manual labor This being so,
1t seems unwise to put soldier to the ex-
pense OF time and transportation to go to
a place where medical board can exam
inc him to find that fact out, and. on the
other hand. it seems unnecessary for the
government to keep boards established and
then pay So for the examination of SOL
dier when the result of the examination
can be so accurately foretold
Il am of the opinion that this orler will
save the government a good deal of money.
OF the 20o.009 examinations in the last year,
ii onc-foHrth of them were saved il would
make SSeo,o00 and perhaps an equal amount
in time and transports ton to the old sol
dier who would have to go and be exam
ined.
The experience here in the pension bu-
reau has practically established the manual
labor limit.
In the rulings of the department the in
ability to earn a support by manual labor
does not include brain work, but applies
to those who can by bodily labor earn sup
port. This is what Congress endeavored to
do, and did do, and In the legislation is
continuing to do, and the theory of the :
term and its legal construction are well
known and. long acquiesced in. Hence in
the bureau where so many examinations
have been made through a long series of
years the disabilities arising from age are
almost definitely fixed. so much so that it
may be conceded that at sixty-two years
an old soldier Is at least one-half disabled
from earning a support by manual labor.
and under the law he would be entitled 10
six dollars.
Will Increase Payments.
Il am not able to say what expense the
bill would entail in the shape of additional
payments. The expense to which it will
q naytf 1o