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2d Session.

No. 979.

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JULY 11, 1912. —Committed to the Committee of the Whole House and ordered

to be printed.

Mr. AIKEN of South Carolina, from the Committee on Pensions,

submitted the following


[To accompany H. R. 25713.)

The Committee on Pensions, to whom was referred sundry bills granting pensions and increase of pensions for certain soldiers and sailors of the Regular Army and Navy, etc., submit the following report:

This bill is a substitute for the following House bills referred to said committee: H. R. 6753. James A. Dickinson.

H. R. 13616. Jackson A. Watkins. 11329. James Campbell.

19388. Peter Peterson. 12515. Joseph G. Long.

22679. James B. White. 13066. William S. Smith,

24257, Williani J. Abranis. H. R. 6758. James A. Dickinson, of Fremont, Ohio, served as a private in Company K, Sixth Regiment Ohio Volunteer Infantry during the War with Spain, from April 25, 1898, to May 24, 1899, when mustered out with the company.

The War Department records show him 22 years of age at enlistment, sick in quarters May 28 and 29, 1898, and in hospital with malarial fever from August 18 to 20, and from the latter date to August 30, 1898, with typhoid ferer. He was granted a sick furlough for one month from August 30, 1898. At discharge he stated that he had no disease or disability of any character and was corroborated by his captain and a surgeon.

He applied for pension October 1, 1909, stating that he contracted malarial and typhoid fever, stomach trouble, and diarrhea at Camp Thomas, Ga., about August 14, 1898. The claim was rejected December 16, 1909, on the ground that a ratable degree of disability had not been shown from the alleged causes since date of application.

The claimant filed another claim January 3, 1910, in which he alleged that he contracted chronic diarrhea at Chickamauga, Ga., about August 1, 1898, and has since continuously had that disease with alternating constipation. Also, that he incurred at same place indigestion and stomach trouble, which have continued, and that about August 20, 1898, he had malarial poisoning and now suffers from that disease and its results. That claim was specially examined and rejected February 2, 1911, on the ground that malarial poisoning, iricluding disease of stomach and indigestion, chronic diarrhea and constipation, was not shown by medical or other satisfactory evidence to have existed at discharge, or thereafter, until about the vear 1904, five years after date of discharge.

The claimant was first examined, by a board of surgeons, at Fremont, Ohio, October 27, 1909. The board described his condition and said:

We believe his condition due to sequence of malarial poisoning, and believe the rating should be wholly based on that allegation. Fourteen-eighteenths on results of malarial poisoning, no special rating on stomach trouble or diarrhea es such.

Medical officers of the Pension Bureau expressed the opinion that the conditions described appeared to be due to acute indigestion rather than to the alleged causes, and that the rate recommended was based chiefly on the claimant's allegations.

He was examined by a board at Sandusky, Ohio, May 25, 1910. They rated twelve-eighteenths for chronic diarrhea and eighteighteenths for malarial poisoning. Height and weight reported at each examination, 5 feet 54 inches, and 114 pounds.

William H. Emery, M. D., testified in March, 1910, that he was a nurse in hospital and had direct charge of the soldier while he was sick for some weeks with malaria and dysentery; that he saw him and examined him in the fall of 1909, and noted the following:

Malarial cachexia, spleen slightly enlarged, liver one-fourth larger than normal, tongue coated with yellowish fur, rectum and anus inflamed and coated with muco-diarrheal discharge. Claimant appeared weak and nutrition seemed to be impaired.

George H. Cook, comrade, testified December 20, 1909, that he was claimant's messmate; that he contracted bowel trouble at Chickamauga Park in July or August, 1898; that affiant was detailed to nurse him in quarters until he got so bad he had to be removed to division hospital, and that he never recovered up to the time of discharge, and has been troubled with his stomach and bowels ever since.

The War Department records show this witness absent in division hospital from June 20 to July 27, and on sick furlough from the latter date to September 25, 1898, at Fremont, Ohio.

Mrs. Mary J. Clutter, claimant's aunt, testified that the soldier was home-her house-on sick furlough for about one month; that her recollection was that he complained of pains in his stomach and bowels; that he did not have a doctor visit him but got medicine from Dr. Taylor, since deceased; that he had fever when he came home; was better when he returned to the Army, but was thin and weak. That he was at Columbus, Ohio, from about August, 1898, to 1908, during which period she had no knowledge of him, but since the latter year, when he returned to Fremont, Ohio, his health has been poor and he has complained of his stomach and has been greatly afflicted with boils.

Henry Clutter, husband of Mary J., gave similar testimony.
Other witnesses testified substantially as follows:

Dr. C. R. Portius stated that he treated the claimant April 7, 8, 9, 10, and 11, 1908, for stomach and bowel trouble, with marked symptoms of chronic malarial poisoning, and had prescribed for him once or twice since when he was sutfering with furnuculus condition, due to malarial infection.

Dr. J. M. Stewart stated that he treated the claimant August 9, September 9, October 6, 11, and 26, November 5 and 10, 1909, February 4 and 25 and April 2, 1910, for disease of stomach and bowels, evidenced by indigestion and catarrhal diarrhea, and furnuculus condition, due to malarial cachexia, as indicated by the history of the case.

The claimant's wife, to whom he was married in September, 1903, said that she knew him one and a half years before marriage; that he was not rugged and complained of stomach trouble; that within a month after marriage he had stomach trouble, something like indigestion and diarrhea, and has had recurrent attacks ever since; has frequently had chills and boils, a boil occasionally, but about 1905 he had a great many, which seemed to come on in the winter following a summer when he had been worse than usual from stomach and bowel trouble; that he is still afflicted and has lost a great deal of time because of his disabilities.

C. A. Hunt stated that he had seen the claimant almost daily from 1899 to 1909; that a large part of that time he had been troubled with boils all over him, was not in good health, looked pale and sallow, would lose a week or 10 days at a time from dysentery, was full of malaria, was always going to the doctors, was a man of good habits, and was laid up a good deal of the time with boils and dysentery.

Emma Kartsberger, claimant's sister-in-law, said he boarded with her in 1901 and 1902, always looked sickly, and complained of his stomach; had malaria, chills, and fever at times, stomach was delicate, and he had diarrhea and constipation.

Otto Styles said he boarded with the claimant six months or longer about 1903; did not recall any disability, but afterwards he had boils.

Mrs. Laura Styles made a similar deposition, but said that about 1908 he complained that he was not in good health.

Dr. H. M. Taylor said he treated the claimant at various times in 1905, 1906, and 1907, and examined him January 4, 1910, for stomach and bowel trouble and a diabetic condition; witness had no record of treatment and had not seen him for nearly a year preceding January, 1911; he was then still afflicted with boils and was 50 per cent disabled.

Dr. J. W. Barnes treated him several months about 1906 and 1907 for boils on arms and legs, also for some liver trouble; he had some stomach and bowel indigestion, which witness attributed to condition of liver.

Dr. John Hutchfield treated him a few times at his office for malarial symptoms; and Dr. Charles Rether treated him for tonsilitis or quinsy about 1901, visiting him a couple of times; his record only shows January 19, 1900, tonsilitis.

The testimony shows that the soldier was sound preceding enlistment, and that he had typhoid fever in the spring of 1900.

In an affidavit accompanying the bill the petitioner claims to be from two-thirds to three-fourths disabled by indigestion, diarrhea, boils, and malarial cachexia, that he owns no property, and his income is confined to his earnings as a painter—about $200 a year.

One lay witness corroborates his statement as to his lack of property and income.

Ďr. J. M. Stewart made an affidavit similar to the one above alluded to and said the claimant could do some light work, but he doubted his ability to perform manual labor.

The evidence in this case convinces your committee that the claimant is now disabled as a result of his military service, and they respectfully recommend the allowance of pension at the rate of $12 per month.

H. R. 11529. James Campbell, of Noctor, Ky., during the War with Spain served as a private in Company G, Tenth Regiment United States Infantry, from June 24, 1901, to January 8, 1902, when discharged on account of disability.

He applied for pension February 15, 1902, stating that he contracted tuberculosis of left hip joint at Fort MacKenzie, Wyo., in November, 1901. The claim was rejected October 18, 1902, on the ground that the alleged disability was not contracted in service, but existed at enlistment, as shown by the records of the War Department.

The War Department records show the soldier 19 years of age at enlistment. No physical defects were shown on enlistment paper. He joined the company at Fort MacKenzie, Wyo., June 29, 1909, and remained there until discharge.

The medical records show treatment November 22, 1901, to January 8, 1902, for tuberculosis of left hip joint; existed before enlistment; not in line of duty.

The officer in command of the company recommended the soldier for discharge on account of tuberculosis of left hip, which arose while doing duty with his company; cause not known; became unfit for duty November 22, 1901. He said:

Was in this condition when enlisted. Military duties and exercises brought out his condition so that he was unable to perform his duties. Disease evidently contracted before enlistment.

The surgeon who signed the certificate of disability said:

Four years ago he was confined to his bed for four months with “rising," which was poulticed and broke in three places: was lame for some months and it nerer troubled him until October 1 of this year. Not incurred in line of duty.

Also under observation since October 1, 1901.

No evidence was filed in the claim before it was rejected and no medical examination has been made.

Two lay witnesses, who signed their affidavits by mark, John Morgan Fugate and John Spencer, testified in 1910 that they worked with the claimant for several years preceding his service and that he was a strong, able-bodied man and did not complain of ill health or disability of any kind.

The Pension Bureau declined to reopen the claim on that testimony.

In an affidavit filed with the bill the petitioner states that he is wholly disabled by necrosis of bone of thigh, with suppuration and

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