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1st Session. f \ No. 902.
IN THE SENATE OF THE UNITED STATES.
Mat 9, 1896.—Ordered to be printed.
Mr. Gallinger, from the Committee on Pensions, submitted the
[To accompany H. R. 7983.]
The Committee on Pensions, to whom was referred the bill (H. E. 7983) granting a pension to Frances E. Wickware, have examined the 8 a me and report:
The report of the Committee on Invalid Pensions of the House of Representatives hereto appended is adopted, and the passage of the bill is recommended.
Charles Wickware enlisted as a private in Company I, Sixth Vermont Volunteer Infantry, and served faithfully in said company as private and corporal until discharged on surgeon's certificate of disability February 6, 1865. He reenlisted as second lieutenant of Company B, Forty-third United States Colored Infantry, and Berved until mustered out October 20, 1865, and was honorably discharged at Philadelphia, Pa^ November 30,1865.
Charles Wickware was wounded at the battle of Savage Station, Va., June 29, 1862, the ball entering the left side and, passing through the body in the lumbar region, just above the kidneys, made its exit on the left side. He was left for dead upon the battlefield, taken prisoner, and sent to Libby Prison, where his wound was illy treated. He was exchanged, and after several months' treatment returned to duty, and at the battle of the Wilderness, Virginia, May 5, 1864, he received another severe gunshot wound of left arm, which was amputated near the shoulder joint in the field hospital, and for which he was discharged in February following.
He was pensioned from discharge—at various sums between $8 and $36, for loss of left arm, which he was receiving at time of his death—May 4,1893. His death cause was certified from public records as due to " inflammation of the bowels; duration of disease, four days."
Dr. C. I. Eberle, the attending physician, testified April 11, 1895:
"I attended Charles Wickware during his last illness, and hfs death was caused by paralysis of the bowels, superinduced by a gunshot wound through the lumbar region, or immediately above the kidneys. The plastic exudation, formed by cicatrical tissue in the region of the bowels, caused a constant inflammation or irritation of the nerves of the bowels, causing paralysis of the same. No other cause existed that would have resulted fatally. Paralysis existed from the time he was first taken sick; being complete, caused death."
Claimant was married to soldier September 29, 1868, and four children, Elsie L., bom May 31, 1879; Hattie B., born July 17, 1881; Katie B., born April 10, 1884, and Milton I)., born November 3, 1888, were the fruits of the marriage.
The testimony presented shows that claimant is in feeble and delicate health, being a sufferer from rheumatism and disease of the heart, and has been confined to her bed for several months from said diseases, and her family physician certifies "she is not likely to live until the time her pension is allowed, if taken np in regular order."
Her claim for pension was rejected February 3, 1896, on the ground that "death resulted from disease of bowels, not due to cause which has been legally accepted;" although the record shows that the chief of the special examination division and the legal reviewers accepted the gunshot wound of back as the death cause. The special examiner who investigated the case and the history of soldier's life and ailments since discharge says:
"I can not help but believe that the wound of back contributed, perhaps largely, to the death cause, and I believe the claim to be meritorious."
In view of all the facts presented, your committee recommend the passage of the bill with amendments, striking out the word "seventeen," in line 7, and inserting in lieu thereof the word "fifteen, and also by adding after the word "month," in line 8, "and two dollars per month for each minor child until they severally arrive at the age of sixteen years."
1st Session. $ ) No. 903.
IS THE SENATE OP THE UNITED STATES.
Hat 9, 1896.—Ordered to be printed.
Mr. Gajllingee, from the Committee on Pensions, submitted the
[To accompany S. 752.]
The Committee on Pensions, to whom was referred the bill (S. 752) granting a pension to James B. Logan, have examined the same and report:
James B. Logan served in Company K, Tenth Missouri Volunteers, as a lieutenant and captain from August 12, 1861, to October 31,1864. He is now pensioned at $12 per month under act of June 27,1890, for gunshot wound of left leg, injury of left hand, and disease of rectum. He was formerly pensioned under the old law at $5 for gunshot wound of left hip from 1864, and from 1887 at $8 as a Mexican war veteran.
The records of the War Department show that "James B. Logan was commissioned captain, Tenth Missouri Volunteers, November 17,1863, to rank from August 8,1863." Claimant applied for restoration under the old law, and after rejection appealed to the Secretary of the Interior.
In the course of his decision affirming the rejection, the Secretary says:
The appellant no donbt suffered from piles while in the service of the United States, but I do not deem the proof sufficient to show service origin and continuance. There is some testimony showing treatment for piles and resulting fistula in ano in July, 1888, and in August for the same year, but the appellant in an affidavit under date of March 24,1891, says that he did not employ any physician after his discharge until 1888, hence was unable to furnish testimony of continuance from date of discharge until 1888.
Dr. Payne, the surgeon of the regiment, testifies as follows:
I was the surgeon of the Tenth Regiment Missouri Volunteers, and while in charge of said regiment in the latter part of October, 1863, at Glendale, Miss., did operate on Capt. J. B. Logan for internal and external piles, which he contracted some four months previous to his having them removed at the time above stated. I further depose and say that 1 examined and treated Captain Logan for a relapse of the piles in July, 1861. Only gave him palliative treatment at this date, for the reason that his term of service would expire in a few months and the radical treatment of his case could be had at home and out of the military service better.
The Secretary says further:
If it were admitted that piles originated in the service and line of duty, it is doubtful whether the evidence shows such a degree of disability from the combined causes at to entitle him to a higher rate of pension than that which he is now receiving.
This officer has a wound of left hip which has been admitted by the Pension Office as of service origin, and for which he has been pensioned at $5 per month. He also has disease of rectum, for which disease he was treated while in the service, and as there is no evidence of existence thereof prior to enlistment, your committee considers this sufficient to establish origin in the service. His examination in January, 1891. by the local board shows him disabled as follows: Sixteen-eighteenths for disease of rectum and six-eighteenths for gunshot wound of left hip. This rating is hardly sufficient to warrant the allowance of a thirdgrade pension, $24 per month, the rate fixed for a disability equivalent to the loss of a hand or foot, but it is certainly sufficient to warrant a rating of total of rank as a captain, which is $20 per month, and it is therefore recommended that the bill which carries that amount be reported back favorably with a reen-nniendation that it do pass.
HT THE SENATE OF THE UNITED STATES.
May 9, 1896.—Ordered to be printed.
Mr. PA1.MBK, from the Committee on Pensions, submitted the following
[To accompany S. 894.]
The Committee on Pensions, to whom the bill (S. 894) granting a pension to Nancy G. Allabach, was recommitted, together with the objections of the President thereto, beg leave to report:
The committee have reconsidered said bill, and considered the objections of the President thereto, and recommend its passage, notwithstanding his objections.
The facts of the case, as found by the committee, are that Peter H. Allabach was a soldier in the Mexican war, and participated in the battles of Palo Alto, Eesaca, and the military operations on the line of the Rio Grande. He conducted himself with conspicuous gallantry. He married the proposed beneficiary of this bill on the 30th of September, 1851. She is now 67 years of age, and unable to earn her own support.
During the late civil war he was colonel of the One hundred and thirteenth Regiment of Pennsylvania Volunteers, and commanded a brigade in one or moresevere battles. His conduct won the approbation of Gen. W. S. Hancock, Gen. A. A. Humphrey, and Gen. Henry S. Briggs, his immediate commanders. The letters of General Hancock, General Humphrey, and General Briggs are made part of this report.
After the close of the war of the rebellion Colonel Allabach returned to and engaged in the pursuits of civil life. He died in this city on the 11th of February, 1892.
This bill proposes to pay to Mrs. Nancy G. Allabach a pension of $30 per month, which is the pension allowed by the general law to disabled officers of the rank Colonel Allabach held in the service of the United States. All the facts before the committee prove that Colonel Allabach was an officer of great merit, and rendered most valuable services to the country. His conduct as a citizen was exemplary, and he left his widow, the beneficiary of the bill before the committee, without other means of support than the small pension allowed by the general law. Upon these facts, the committee reported the bill, "An Act granting a pension to Nancy G. Allabach," to the Senate, and recommended its passage. It passed both the Senate and House of Representatives; was laid before the President; was disapproved by him, and was returned to the Senate with his objections, and recommitted to the Committee on Pensions for reconsideration. 8. Rep. ft 3