Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-03-30
RECENT PENSION ORDER
SECRETARY HITCHcoCK's LETTER
TO THE SENATE.
Claims That Action Was Clearly With
in Executive Authority-The
Increased Cost

As stated in The Star yesterday, the Sec
rotary of the Interior has sent to the SEN
ate a communication in response to SEN
ator Overman's resolution directing the Sec
rotary to furnish to the Senate copy of
the order issued by the department enlarg-
ing the pension act of June 81, 1890, and
amendments, as to the disabilities of appii-
csEts for pensions, and to report by what
amount the order will increase pensions an
nually.
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 Is, 1904. A
review OF the administration of pension
laws is given by Secretary Hitchcock, in
the course Of which he says:
Within Executive Authority.
"As some misunderstanding with refer
ence to the Interpretation and purpose OF
this order has existed a brief review OF
pension legislation and the administration
thereof in this department is submitted for
the purpose of showing that the order re-
ferred to is clearly within executive author
ity and in conformity with existing law
and methods which have heretofore pre-
vailed 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 81 1890. The element of manual labor
is fundamental. IT, in the adjudication of a
pension claim, 1t shall be determined that
the applicants pensionable disabilities
render him wholly incapacitated for manual
labor his pension rating will be accordingly
even though the applicant may be then oc-
cupied with distinguished usefulness IN
some field of intellectual endeavor
"It Is we'll understood that there IS a
natural decay of the physical powers, due
solely to age which impairs mans capacity
to earn a support by his own manual
labor.
mot only does the act itself provide that
each and every infrmty shall be duly con-
sidered.' but the decisions under 1t uni
formly recognize the principle tnat olsa pin
ties due to senility alone are pensionapis.
The Secretary refers to an order OF sep
tember, 1893, when the age of seventy-hve
years entitled the applicant to the maxi
mum amount He cites three cases OF TINS
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 RUE 1ol.
rating the infirmities due to the element OF
age with the exception of the two classes
named Such ratings, therefore. seem to
have been governed by the varying opinions
of the many who have been occupied with
that duty. thereby imparting to that fea-
ture of pension administration something
Of uncertainty and inequality.
ITO this fact together with the growing
importance Of age conditions. is due in con-
siderable measure the necessity for action
on the line of this order, specifically de-
fining, as far as practicable, ratings from
the best obtainable data for infrmities due
10 seni}ity.
''In the administration of pension laws
and the consideration of the immense num-
Der of cases that are pending under every
act. 1t 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 justifes. This has been the
uniform course of the pension bureau since