The Washington times., 1922-11-11

INSANE VET IS
ABLE To WORK
Appeals D. c. Supreme Court
Decision as PIueky Vile
Struggles in Red Tape.

Drain db 10 now Sno Will buPpos'
herself and her husband. a veteran
Of the world war legally adjudged
insane. during the coming winter
while the slow mills OF justice grind
out a decision which viii assure
them subsistence or plunge them
into the depths OF Indulgence.
Is insanity. established In the
Supreme Court OF the Diatrict.
grounds for a rating OF total per
ton benefits of 800 a month and
month?
Yes" says Magdalene Welch.
wife OF Jack Floyd WEIGH. former
soldier; her counsel, Robert II. Nc.
Neill, and Justice William Hitz. OF
the District Supreme Court.
mo" maintains the legal corps
Of the Veterans Bureau, and pro-
ceeds to appeal from the Hitz de.
cision Of August 7. 1929, to tho
District Court OF Appeals, standing
ready, II necessary. to 80 to the
highest tribunal of the land.
Arc Left Helpless.
Much depends upon the final rul-
ing In the present case, 1t is felt
by both sides to the controversy.
While their former brothers In
khaki and blue who lost, perhaps.
both feet. both hands. their sight.
or one foot and one hand. reap
tho highest compensation rate, 500.
the men bereft Of reason during
the great struggle, In many cases.
II is claimed. are allowed compen-
,iar tpnrsa than naltrV consider.
ing their helplessness In wage earn.
ing.
n the Twenty.sixth Recruit Com
pany, ordnance, at the Columbus,
Ohio, barracks. and took out a
$1,000 policy under the War Risk
Insurance act February 1. 1918. War
Department records. according TO
Mrs. Welch's petition. show that
his sanity was called into question
February 10, 1919. at Raritan Ar.
senal New Jersey. that he was
found to be suffer ng from dementia
praecox: that October 8, 1920, he
was transferred to Walter Reed
Hospital and that simuita eously
with his honorable discharge from
the service, December "a. 1920, he
was sent to st. Eel Izabeth's.
sumed the care of her husband. the
petition further recites. and Feb.
ruary Is Welch was adjudged in
sane In the local courts. n condi.
tion, II Is pointed out. which has
never been determined as changed
by subsequent examination.
Rating Is Changed.
According to the records of the
Veterans Bureau. as set forth in
Director Charles r. Forbes answer
to the petition, Welcb was rated
as temporary total" on January
and, having no child, was awarded
$50 monthly: March 8, 1921. follow.
ing examinations. he was re.rated
Temporary total" from discharge
TO February IS. "and March 81 be
was given n rating of temporary
partial, 55 per cent" This rating
was several times reviewed and
affirmed. the answer further notes.
While the main contention be.
tween Mrs. WEIGH and counsel. and
representatives Of the Veterans
Bureau. concerns the insane mans
right to the total disability rating.
a minor dispute exists a. to the
status Of his war risk insurance.
According to the wife's petition,
he has "in all respects complied
with the terms OF said policy" and
should receive benefits Of $3.50 a
month from this source. Forbes
maintains that no premiums have
been paid from the date OF dis
charge and that the policy has
lapsed
.. Appealed at Once.
Immediately upon Justice Hitz
decision ordering welch to be en-.
rolled az a totally permanent dis.
abled soldier, entitled to compensa.
ton. of 800 month and an at
tendant at $50 month, the case
was appealed. McNeill filed his
answer for Mrs. Welch today and
in the near future the case will be
docketed.
The most interesting section Of
the answer Is that In which the
argument that insanity constitutes
total disability is put forward.
Suppose" says McNeill, I'VE had
case before this court Of an In.
sane person. In a continuously VIC.
lent mental state, and who must
be confined, and yet one not bed.
ridden. Can 1t be said that such a
person would not be totally dis.
abled and allowed the highest bene-
fits under the act7
Appellants counsel argue that an
insane person found, as In this case,
by jury and fudge, to be totally un.
able to care for his person or prop
erty is yet able to follow a gainful
occupation az contemplated by law.
Is Il not against all human intelli.
gence TO insist that a crazy man is
/ fitted to follow n gainful occupation? ?
The ordinary citizen would laugh AZ
such a proposition. No business man,
knowingly. would hire crazy man
for the most menial work No per.
son of ordinary intelligence would
have such a person IN his employ.
Al Avenues Barred.
would the Cover rment of the
! United States take any such person
into it's employ as a watchman, mes.
seneer, or otherwise7 Ask the Civil
Service Commission, sAsy any bu.
reau chief or department head. Ask
the same question of any employer
of labor In civil life. The quest on
is its own answer. To 30 employ
n crazy man and put him In charge
Of any responsibility involving in.
| telli0enre or phvstcat de pendepce