The National tribune. [volume] (Washington, D.C.) 1877-1917, 1904-04-14
SECRETARY HITCHCOCK ON THE NEW
ORDER.

In response to resolution from the
Senate requesting information for that
| body as to the recent order of the Com
missioner of Pensions, Mr.. Hitchcock, Sec
| rotary of the Interior, sent a letter. in the
| course Of which he said
"As some misunderstanding with refer
ence to the Interpretation and purpose of
this order has existed, brief review of
pension legislation and the administration
thereof in this Department is submitted
Tor the purpose Of showing that the order
referred to is clearly within executive au-
thOrity and in conformity with existing
law and methods which have heretofore
prevailed in it's administration.
disability, partial or complete, to per-
form manual labor is the sole measure of
the right to pension under this act of
June u, 1890. The element of manual la
Dor is fundamental. If, in the adjudication
OF pension claim, it shall be determined
that the applicants pensionable disabilities
| render him wholly incapacitated for man.
ual labor, his pension rating will be ac-
cordingly even though the applicant may
be then occupied with distinguished use
fulness in some field of intellectual en-
deavor.
1T is well understood that there is
natural decay of the physical powers, due
solely to age, which impairs mans ca
pacIty to earn support by his own man
ual labor.
Not only does the act itself provide
that each and every infirmity shall be
duly considered, but the decisions under
It uniformly recognize the principle that
disabilities due to senility alone are pen
siOnable."
The Secretary refers to an order of Sep
TENDER, 1888, when the age of % years en-
titled the applicant to the maximum
amount. He cites three cases of this kind.
and continues:
although age, in connection with other
disabilities, has always been considered in
determining pension ratings under the act,
there has never been any uniform rule for
rating the jnfrmities due to the element
of age, with the exception of the two
classes named. Such ratings, therefore.
seem to have been governed by the vary
ing opinions of the many who have been
occupied with that duty, thereby impart-
ing to that feature of pension administra-
ton something of uncertainty and Unequal
ity.
ITO this fact, together with the grow.
ing Importance Of age conditions, Is due
| IN considerable measure the necessity for
| action on the line of this order, specifically
dehnIng, as far as practicable, ratings
from the best obtainable data for infirmi-
ties due to senility.
III Tue administration OF pension laws
| and the consideration of t. immense
| number of cases that are pc. Ling under
every act, it is impossible to secure uni
formity and expedition in decisions with
| out laying down convenient rules for the
| weighing of evidence and prima facie pre-
sumption which long experience justifies
This has been the uniform course of the
Pension Bureau since its establishment
The order in question merely lays
down, as a convenient rule of decision.
and REPUTABLE presumption Of fact, that
one who is otherwise entitled and is 81
years Of age, is partially disabled from
earning a livelihood by his hands: that
one who is G5 is more disabled for man.
ual work; that one who is 6S is in q still
greater degree incapable Of earning a sup
port by manual labor, and that one of 20
in completely disabled in this regard Ger
tainly such presumption is justified BY
general experience in actual life.
when it is understood that, in the ad-
publications under this act, age has always
been considered q factor with other dis
abilities; and when it is further considered
that for more than 10 years there has
been an established rating (the maximum
allowance by law, based solely on the age
Of 70 years, and that, for nearly seven
years there has been an established rating
(the minimum provided by law based
alone on the age of GO years, it will be
apparent how largely problematical must
be any estimate of increase of expendi-
lures under the order of March Is, 1904. +"
A.