New-York tribune., 1904-10-17


so II legtslated in general terms. leaving very
much TO the discretion OF the Commissioner.
who was himself compelled. after taking the
experience Of the office for years. to make rules
and formulate rates. This was done. and upon
pages 2S. %. 30 and 81 OF the pension laws.
present edition. are found tables from which
few examples may be taken as Illustrations,
take the illustration Of the thumb:
Loss Of palm OF hand and all the fingers. the
Loss Of thumb. index middle and ring fingers; %
Loss ~ of thumb and i1dex % snraT @ 10 10 90
Loss Of thumb. index little Is %
The first OF such fixing rates after the said
| law of 1890 was made December 4, 1891.
After the adoption of the new pension law.
June 81 1890. many questions came up for dis
cussion. and among others the question Of age
as relating 70 disability. and under it appeals
were taken TO the department from the rulings
Of the Pension Bureau
The first one in which this matter was par
tieularly called up was the case of Patrick Car
roll. p D.. 259 and the following is the syllabus
Of the decision:
Old age. or senil,ty is legal disability under
should estimate the smotnt mt Of disabiIty aTisinG
therefrom for the performances OF manual labor
/ and for earning i support by manual labor.
medical board. and found TO be sixty-two
years Of age. His claim was rejected because
the surgeons did not give him rating. but the
department ruled
In fact. old age senility IS legal disability
under the act OF June a. $50 and the surgeons
or disability arising therefrcm for the performances
there5y '1I,5u'' '''''' ann '' earning '' support
In other words although there was no specific
! disability upon which the pension should have
| been granted. except that which was due 70 old
age. the department held that-as Carroll was
sixty-two years OF age that 1t should be taken
into consideration.
This Is the beginning Of the ruling upon the
age subject relates 10 the law OF June -.
1890.
After the Carroll decision. above referred 70.
Order 241. dated September 10. 1898. was
signed up by William Lochren. Commissioner.
fixing the rate OF S12 for a pensioner who shall
have reached the age of seventy-hve.
\ copy OF said order is as follows:
Department Rs4s,5 Of the e, 1P5s!l9T; Pts.,s5;.
Washington. September >. 1885.
The circular OF June L. 1895. in respect 20 rating
eases under the Act OF June q 1880. is withdrawn
Harea fter. in aniNiug rates W der this
Medical Referee the Medical Officer in the Board
mine the degree that each disability. or the COM
hined disabilities dsahleS the claimant from earn
spending to this degree shall be allowed
Of his m a sha hot a5s BE ef
II he Is receiving the maximum. and if he is not
alone. II there are no special pensonabe disabilities
WILLIAM LoCHREN. Commissioner.
Four days after the issuance OF the last order
another order was issued by the Commissioner:
Department R,Ts,5 Of the e, IP.2ri0T; Pt9.io5;,
Washington. September 6. 1S9S
In keeping with the practice established bv Order
1890 it shall be presumed that claimants FOR in.
crease under act OF January 5. 1898. who are sew
for manual labor within the meaning OF the act
WILLIAM LOCHREN. Commissioner
Thereafter March %. 1894 ]. Il. Van
Mater, Acting Chief OF the Board of Revision.
under orders from Commissioner Lochren. is
sued an order making the age sixty-five years a
pensionable rate.
a copy OF Mr.. Van Matters order Is as fol-
lows:
Department OF the Interior
washington. March %. 1894
missioner the rate SNv s ordeG OF the Com
June a. 1880 viii be continued by the Board Of
pensioner has reached the age OF sixty-hve years.
.o.,. ., J. r. VAN MATER
f5aIs 9fntorsemts,ntl sg11t,I! March %; 1SSA
sGS rgfsre FefgTrsd P o to Dr.
given to the Board OF Revision TODAY II the
Medical Division will return any cases referred bv
US where the penstOner Is siXty-dve years of ors
]. r. VAN MATER
Acting Chief Board Revision
On October .. 1891. the department. In the
case OF Joseph Hayden. p. D., $40. held that al
though the evidence and medical examination
did not show any great amount of disability
from disease. but that nevertheless taking into
consideration his age, siXty-eight wears In con-
notion with such disease as he had. IL was
held that a ratable degree Of inability 20 earn a
support by manual labor was shown. and the
department used this language:
But in the case of this claimant who vas s,tv-
elght years old. and naturally enfeebIed nv, s1,b
auVahced age, the same causes for disability from
such disease are more serious than thev v-SS,J r.
IN younger man. and constitute a Sr0I,,S S6e ~, ~
capacity for earning support by manual IsTSr
law. +s'4"s uluer the
In July. 1895. the Department of the inferior
under the Hon. HOke mith. secretary. decided
the Jacob Rinkel case. P. .. so. Of which tbs
following Is the syllabus;
Where declaration filed under saIa 40. ....,
no allegation TO any disabling cause eSrS@ s,S
applicant is seventy-nve years oe age or over sISlS
alesatton OF VIII be held 70 be a GYGicjc,1S -
IeeatiOn OF disability. 1-4~ al
declaration alleging age. whether over or under