New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-01-20
About $4,000 q Year Paid
Out to Ex-GuardSmen.

Eernimsn OF Buffalo. was expected 70 receive
a pension Of s72 month from New York state
and back pension amounting Ia over 10000
probably thought that the state was generous
master Ask some of those whose claims for
state pension have been rejected. and they prob
ably viii say that National Guard service is a
deusion and a sna-e, and that the state IS
grateful TO the proverbal degree
The state Itself holds the view that fits people
~ they suffer injury in its service should have
gust compensation for those injuries. But each
claim Is scrutinized with the utmost care, and
the list Of pensioners does not grow rapidly. AT
the end OF 1905 there were twenty five persons
drawing monthly amounts from the state A few
Of them widows minor children OF
guardsmen who had died from accident or
disease contracted while service duty. The
annual pension roll amounted to about $4,000
For 1906 Il will be somewhat larger, because a
few more names have been added to the pension
list
Probably the amount that Will be paid TO Her
niman for back pension, II the Governor APP
proves and the Legislature passes the approprla-
zion covering IT, IS the largest that has been
paid out by the state on account Of its pension
bureau Only one other pensioner receives $72
@ month. which Is the highest pension rate al
lowed by the state
Hernimans case is one OF the most interesting
81 the pension bureau and Will well to
illustrate the workings OF that rather unfamiliar
department OF the states machinery. He was a
second lieutenant IN the 65th Regiment which
was detailed to strike duty in the railroad strike
sn June. 1898. While patrol at North Tona-
wanda he was. apparently. lift IN way In
the back OF the head He found uncon-
scious. and sitter long Illness found that gradu-
ally he was becoming paraiyzed. This persisted,
until the paralysis became almost complete.
Application was made for a pension The
Facts brought out showed that Herniman before
going on strike duty had been IN the most
rugged health. They showed. too. that after his
injury he had become unable 10 support himself.
snd eventually had TO have the services OF an
attendant But there was nothing to show ex-
sctly how the injury was sustained and after
considerable investigation the case was "disal-
lowed"
In 1903 q law was enacted permitting the Ad-
sutant General 20 reopen the case. Further tes-
fsmony was brought IN. AdJutant General Henry
looked into the case with the greatest care and
submitted it to Attorney General Mayer for an
opinion The result was that recommendation
was made IN favor OF granting the pension.
Since the amount for the pension fund is carried
an the annual appropriation BILL and is made only
large enough to cover the annual pension roll
and necessary expenditures for temporary care
Cor those injured IA service. special bill TO ap-
propriate the money for the back pension will
have to be introduced Senator Hill Of Buffalo
probably viii present that soon.
The pension bureau Of the state is part OF
the adjutant generals Office. and much OF its
detail has to be handled by him personally. In
its routine it is almost exactly like the federal
governments pension bureau The pension list
IS small, because Of the care which is used in
passing on applications for relief; and neces-
sarily because of the shOrtness of the tours OF
duty" which afford comparatively little opportu-
nifty for injury or illness.
Pensions vary in amount, just as in the federal
bureau. according TO the pay Of the man when on
service and the seriousness Of the injury. The
highest rate S72 month is paid only where
the incapacity is such to require an attend
ant continually. Colonel L. S. Johnson Of tho
cath Regiment, who suffers from insanity result
ing from sunstroke at the camp Of instruction
was the only pensiOner who obtained this
amount until the Herniman case.
The Oldest pensions date from June IS, 1887
when the Pension law went into effect. Under
this law, when application for pension is
received, the applicant must be examined by a
physician by a commission OF three physi-
clans, or possibly more Whether the eXauina-
zion shall be by commission depends on
Ehe nature OF the causes alleged as ground for
the granting OF the pension Then. after the
physician or commission has passed the
act physical condition OF the applicant, the case
goes 70 q pension examiner, who determines
whether the injury or illness resulted from some
cause chargeable to the state, and not to neglt-
eence or disobedience of orders or some con-
4ributory cause on the part OF the applicant II
she physical condition warrants, and the exam
finer finds that this condition Is attributable
only TO causes growing out OF the eeTvice 10 tho
state, the case then comes to the Adjutant Gen
4ral the pension commission, and In all prob
ability "a granted after their review OF the test
EnOny.
The rate OF pension Is established strictly by
fhe laws governing the bureau. The pensioner
drawing the smallest amount Is Frederick c.
Schwartz. OF the 42d Separate Company, who I'm
5se2 contracted q slight hernia at Buffalo while
carrying barrel Of provisions. The state al
lows him 50 So month for this injury. Other
pensions run from Ss. so and 3l2 a month 10
l24. $50 and $50 for more serious injuries.
Before pension can be granted the applicant
must have been discharged from the service for
physical disability. This recalls one OF the in
oadents which National Guard officials Ike TO
Adjutant General Henry had pending a claim
from Charles IL Smith. first sergeant in Com
reny B. 18th Regiment Smith was one OF the
popular men In his company. and an excellent
1narksman-a sharpshOoter. IN fact. He sus-
fained bad strain o. the heart and needed con-
siderable medical attendance. Eventually he put
IN q claim Tor reimbursement Physicians ex-
nrnined him. and reported TO Adjutant General
t5enry.
When the reports reached him the adjutant
general felt that the case was ono for a perna-
nent pension He took this up with Smith,
Smith. however, did not want 60 leave the Ma
fional Guard BE said that he was recovering
animation by physicians showed that he was
15e declined the monthly pension, and now is in
che service
When regiments are on duty, or at the state
socampment, guardsmen who become 81 or
are injured have 20 have medical attendance.
This too, comes under the jurisdiction OF the