The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-03-30
REASONS FOR ISSUING
ORDER REGARDING AGE
DISABILITY PENSIONS
Secretary of Interior Hitchcock's
Reply to Senate Resolution
of Inquiry.
REVIEW OF THE LAWS
Recent Order Does Not Enlarge,
but Merely ConstrueS the
Act of 1890.
REVIEW OF THE LAWS

Act of 1890.
WASHINGTON, March 29.-The secretary
of the interior to-day sent TO the Senate
communication in response TO senator
Overman's resolution directing the secre-
tary to furnish the Senate a copy OF the
order issued by the department charging
the pension act of June 81 1890. and amend
ments as to the disabilities of applicants
for pensions and TO report by what amount
the order will increase pensions annually
In regard to the increase of pension APP
preparations needed to carry the order into
effect, the secretary gives the estimate OF
the acting commissioner of pensions. made
public with the order of March 10, 1904. "A
review of the administration of pension
laws is given by Secretary Hitchcock. in
the course of which he says: As some
misunderstanding with reference TO the in
depreciation and purpose Of this order has
existed, brief review of pension legisla-
ton and the administration thereof in this
department is submitted for the purpose of
showing that the order referred to is clear
ly within executive authority and in con-
formity with existing law and methods
which have heretofore prevailed in its adj
ministration
Disability, partial complete, to per-
form manual labor is the sole measure
of the right to pension under this act of
June 2, 1890. The element of manual
labor is fundamental. If in the adjudication
of a pension claim it shall be determined
that the applicants pensionable disabilities
render him wholly incapactated for manual
la will he
ingly even, though the applicant may be
then occupied with distinguished usefulness
in some field of intellectual endeavor.
1T is well understood that there is
natural decay of the physical powers. due
solely to age. which impairs mans capacity
to earn support by his own manual labor.
Not only does this act itself provide
that each and every infirmity shall be
duly considered but the decisions under 1t
uniformly recognize the principle that dis
abilities due to senility alone are pension
able
ORDER OF 1893
The secretary refers to an order of Sep
TENDER, $685. when the age of seventy-three
years entitled the applicant to the mini
mum amount He cites three cases of this
kind and continues: Although age in con-
nection with other disabilities has always
been considered in determining pension
ratings under the act, there has never been
any uniform rule for rating the infirmities
due to the element of age, with the excep-
| ton of two classes named. Both ratings.
therefore, seem to have been governed by
the varying opinions of the many VINO have
been occupied with that duty, thereby i'm
parting to that feature of pension admins
tration something of uncertainty and in
equality. To this fact together with the
growing Importance of age conditions, is
due in considerable measure the necessity
fns aati on he line of hiC nrder Sna-
officially defining as far practicable rat
ings from the best obtainable data for in
frmities due to senility.
I'm the administration of pension Law )
and the consideration of the immense num-
Der or cases that are pending under every
act it is impossible to secure uniformity
and expedition in decisions without laying
down convenient rules for the weighing
of evidence and prima facie presumption
which long experience justifies. This has
been the uniform course of the Pension Blu
reau since its establishment
1.-The order in question merely lays down,
| as a convenient rule of decision and re-
| buttable presumption, that one who is 9TH
erwise entitled and is sixty-two years of
age is partially disabled from earning a
livelihood by his hands; that one who is
| sixty-five is more disabled for manual
work; that one who is sixty-eight is in a
| still greater degree incapable of earning a
| support by manual labor and that of
seventy is completely disabled in this re-
gard Certainly such a presumption is
justified by general experience in actual
| life.
LARGELY PROBLEMATICAL.
when it is understood that, in the ad-
| judication under this act, age has always
| been considered a factor with other disabili-
| ties; and when it is further considered that
for more than ten years there has been an
| established rating (the maximum allowed
| by law based solely on the age of seventy
| five years. and that for nearly seven years
| there has been established rating Uhe
| minimum provided by law), based alone
on the age of sixty-five years, it will be
| apparent how largely problematical must
| be any estimate of increase of expenditures
| under the order of March Is, 1904.
| THE acting commissioner of pensions has
| given attentive consideration to the second
| paragraph OF the resolution and by refer
| ence to his report il will be seen that he
| estimates that the order of March Is. 1904
nually of So. 10000
| General Hitchcocks letter is accompanied
| by letter from acting Commissioner of
| PENSIONS Davenport, VINO says commission
| er Wares order does not enlarge but SIM
| ply CONSTITUTES the pension act of June q.
| 1890, and it's amendments.
Mr.. Davenport says: THE amount the
order will increase pensions annually, and
| particularly when the shall become
| fully operative, can be only roughly esti-
mated. There are supposed to be living to-
| day about $4,000 ex-Union soldiers of the
| civil war. OF these are pensioned under the
act of July IA, 1862 known as the general
| law, about 265.000 and under the act of June
| q, 1890, about 42S,0O0, aggregating 693, 600.
| which, divided from the whole number of
| survivors, leaves $4,000 who have not APP
| piled for pension. To state definitely how
| many of this number failed to serve the
| required ninety days and receive final hon.
| orable discharge would be impossible One
| fourth seems a fair estimate, and reduces
| the number 10 1850. To say that 1900 of
| these have reached the age of sxty-two
| and Will apply seems reasonable esti-
| mate. If these 1900 are all placed on the
| rolls at So a month or S72 year, the output
| for pensions will be increased s., 10000 an
| nually. The pension roll is diminishing rap
| idly owing to deaths of beneficiaries: and in
! all probab lity this decrease will offset any
| gains caused by claims of soldiers who have
| reached the age of sixtY-fiYe and upWards -