, 1904-05-17

PENSION COMMISSIONER WARE
ON NEW RULING OF THE PEN
SION BUREAU.
Order in No Way Changes Provisions
Of Existing Laws, But Simply op-
crates as Rule Of Evidence-Does
Not Apply to Service in the MexI-
can or Indian Wars.

can or Indian Wars.
Washington, D. c.. May 17.-Eugene
Ware, commissioner OF pensions, in ex
PLANTATION of the order which Is known
in the pension bureau as order 49,
relating to the adjudication of pension
claims under the act of June 27. 1890
that when a claimant has passed the
age of 62 years he is disabled one-ha.i
in ability to perform manual labor and
is entitled to be rated at S. per month;
after IS years at So per month; after
6s years at $40 per month, and after
10 years at SIP per month, has issued
general order relative to the inter
probation of this order which excited
SO much controversy during the clos
ing days of congress. Commissioner
Ware says that the order in no way
changes the provisions of existing
laws, but simply operates as a rule OF
evidence for the guidance Of his bur.
eau The order extends the act of June
81, 1890, to those persons who have
reached the age of 81 years and up
wards upon the theory that a man Is
not as capable of performing manual
labor at 60 years as he is at so and
that the increase in years decreases
his capability to perform manual Ia
Dor. The effect Of the order is that
those having pensions already will in
crease such pensions up to the age
limit if the pensions already allowed
in the order.
A %pensioner receiving a smaller rat
ing under the general laws tnan he is
entitled to under the act of June ~,
1890, and acts a%mendatory thereto may
elect according to the Interpretation
placed upon order 49," which bids
fair to become in some sections of the
country a cause for war on the repub-
lican party because of its socalled
0ecAud1ioA WHICH PCAoAoA NC VIII
draw and payments made under the
old certificate will be deducted from
the first payment made under the
latter.
This order, which was criticised in
severe language during the closing
days Of congress, has no application
to claims filed by or on behalf of Wild
ows, minor children, dependent par
ents or dependent brothers and sisters.
1t does not apply to service in the Mex
lean war, Indian wars, the regular ar
my or navy prior to or subsequent to
the war of the rebellion, the Spanish
America or the Philippine insurrec-
ton. 1t applies solely to the officers
and enlisted men Of the army, the navy
and the marine corps of the United
States, who served ninety days or
more during the war Of the rebellion
and were honorably discharged.
Neither will the order benefit acting
assistants or contract surgeons, pro
vost marshals, deputy provost mar
shals, or enrolling officers who may
have rendered service during the war
of the rebellion for the eason that
such persons are not reasonable I'M
der the provisions Of the act Of June
81, 1890, which is the basis for the
now famous order which went into eff
feet on April IS. But SO many inQuir-
les have come to the department from
old soldiers, soldiers widows and min.
children that 1t was found necessary
issue instructions to medical exam
lining boards throughout the United
States as to the Interpretation TO be
placed on the order.
Commissioner Ware frankly states
that it Is impossible to adopt q general
rule covering the questions Of medical
examination coming under the order
and that the procedure must be deter
mined by the fact in each Individual
case, as while a claimant may be g.,
IS or 6S years Of age, which in itself
would entitle him to q rating Of IS, IS
or SO per month, he may also be sui
fering from disabilities other than age,
which, II properly shown, would entitle
him to a rate greater than he could
receive for age alone. A declaration
stating that a claimant 10 81, IS, IS or
70 years of age. as the case may be, is
= s~uficient allegation, even II NO other
disabling cause is set forth. but the
date OF birth should be stated.