ulceration of flesh covering it; that he owns about 15 acres of mountain land, worth about $75; and that he has no income.

Two physicians testify that the petitioner is wholly disabled by tuberculosis of left hip, and two laymen testify that they worked with him one and two years, respectively, before enlistment, and that he was an able-bodied man, worked hard every day, and never complained of any disease of any kind.

The history of this case indicates to your committee that this claimant's disability is due to his military service, and they respectfully recommend the allowance of pension at the rate of $12 per month.

H. R. 12515. Joseph G. Long, of Alton, Fla., is pensioned under the general law, the act of July 27, 1892, as amended by the act of June 27, 1902, at the rate of $8 per month as an Indian war survivor on account of service from July 23, 1857, to January 22, 1858, as a private in Capt. Cone's company, First Regiment Florida Mounted Volunteers, in the Florida war with Seminole Indians. The pension was allowed September 29, 1903, commencing June 27, 1902.

In an affidavit accompanying the bill the petitioner states that he is 69 years of age; that he is wholly disqualified for manual labor by rheumatism, indigestion, and bad eyesight; that he owns no property except wearing apparel of the value of $30; and that his income is confined to his pension of $96 a year.

It is shown by the testimony of a physician that the pensioner is physically incapacitated for manual labor by bronchitis, chronic lumbago, and bullet wounds of knee and ankle received during service as a soldier.

Two laymen testify that the pensioner possesses no property of any kind except his wearing apparel and a small horse of the value of about $35.

The present rate of pension is the maximum allowable under the general law.

On account of the necessitous circumstances, physical disability, and advanced age of the pensioner, and in accordance with precedent in cases of survivors of the earlier Indian wars, your committee respectfully recommend the allowance of pension at the rate of $16 per month in lieu of that he is now receiving.

H. R. 13066. William S. Smith, of Turon, Kans., during the War with Spain was a private in Company K, Twenty-first Regiment Kansas Volunteer Infantry, from May 2 to December 10, 1898, when mustered out with the company.

He applied for pension December 29, 1898, stating that at Chickamauga Park, Ga., about June 19, 1898, he

contracted diarrhea and constipation of the bowels and kidney trouble and malarial fever and indigestion from August 26, 1898-rheumatism.

The claim was rejected November 3, 1910, for rheumatism on the ground that there was no record or other satisfactory evidence showing origin in service, or existence at discharge, or continuance thereafter; for malarial poisoning, diarrhea, constipation, indigestion, disease of bowels and kidneys, because a ratable degree of disability therefrom had not been shown since date of application. Reopening was denied in February, 1911.

The War Department records show the soldier 21 years of age at enlistment. No physical defects were noted at that time.

It is noted on the company muster-out roll that the soldier was on furlough from August 20 to 26 and 28 to September 7, 1898; absent sick in Stafford, Kans., September 7 to October 1, 1898. He was given a regular furlough from October 1 to November 10, 1898

The medical records show him admitted to regimental hospital October 1, 1898, with intermittent fever, and returned to duty October 13, 1898.

Upon examination, November 20, 1898, preliminary to discharge, the soldier claimed to have kidney trouble, impaired hearing, indigestion, and malarial trouble, contracted at Chickamauga, Ga., from exposure to camp life. His captain, Ezra E. Beard, certified the soldier

was sick with malarial fever while at home. I have no knowledge of others. He said the disease was due to

sanitary and atmospheric conditions, change of climate, and natural causes. A surgeon certified that he had examined the soldier and foundNo evidence of kidney trouble. The ears and hearing normal; no evidence of indigestion or malaria. No disability exists.

A special board, consisting of one surgeon, then examined the soldier, December 6. 1898, and certified that

No physical disability exists.

The claimant was examined by a board of surgeons at St. John, Kans., October 1, 1902. They reported him 37 years of age, which was in harmony with the claimant's statement in his application that he was 33 years of age in 1898. They gave his height as 5 feet 10 inches, and weight as 175 pounds. They found marked rheumatism in right shoulder, limitation of motion one-half. Rate, eight-eighteenths.

No heart disease. They described no malarial poisoning, and said he had got entirely well of it. They rated six-eighteentus for diarrhea, but described no symptoms of such disease. They found no evidence of disease of kidneys, but rated eight-eighteenths for slight cystitis. No other disabilities found.

Ezra E. Beard, captain, testified March 9, 1899, that the soldier had diarrhea and malarial fever in service.

J. P. H. Dykes, M. D., testified May 16, 1907, that he treated the soldier from August 26 to September 30, 1898, while home on furlough, for malarial fever, and that he had heard him speak at different times of feeling badly and that he often complains of rheumatism. Thomas E. Sims testified May 11, 1910, that the claimant was in hospital in June, July, and August, 1898, when he was furloughed home; that he knew him to be under treatment from November 10 to December 10, 1898, for stomach trouble and rheumatism, and since discharge he has been in poor health.

Charles Hillabold testified March 22, 1910, that the soldier had dysentery and "kindred camp disorders" in June, 1898; was on sick leave in August, and later confined to bed by dysentery, malaria, and, he believed, by rheumatism; and that he has been in bad health since service.

H. J. Stacey, M. D., testified December 9, 1898, that he examined. the claimant that day and found enterocolitis, probably catarrhal,

catarrhal gastritis, and resical catarrh, with pain and tenderness over stomach and intestines. He said the claimant looked sick and was entirely disabled.

J. M. Johnson, M. D., testified June 23, 1899, that the claimant was under his care from the middle of August until the last of September, 1898, for erysipelas of the lower extremities; that he had also treated the claimant for biliousness and enlargement of the liver some time in May, 1899.

Dr. M. M. Lothridge testified May 14, 1907, that he treated the claimant in July, 1899, and up to some time in November of the same year for chronic malaria and neurasthenia.

Lay witnesses testify to the existence of all the alleged disabilities from discharge to 1911.

Medical testimony shows treatment for malarial fever for five or six weeks and complaints of rheumatism in the spring of 1899; for diarrhea and stomach trouble in April, 1906; rheumatism and kidney trouble in April, 1907; chronic malaria, rheumatism, and kidney trouble in March, 1907, and August, 1908; malarial poisoning and rheumatic symptoms in February, March, and June, 1910, and the greater part of 1907, 1908, 1909, and 1910; and chronic malarial cachexia shown January 11, 1911.

In an affidavit filed with the bill the petitioner says he is 47 years of age; that from rheumatism and malaria contracted in service he has suffered the greater part of the time since; that on account of his disabled condition he has sold a farm worth $12,000 and spent the money on account of his health; and that at present he is laid up, not able to be out, and is penniless.

In another affidavit he says he is suffering with rheumatism, indigestion, and severe bowel trouble.

Other witnesses corroborate him generally as to his present and past physical condition and as to his present financial condition.

Your committee believe the evidence in this case connects some of the alleged disabilities with the military service, and they respectfully recommend the allowance of pension at the rate of $8 per month.

H. R. 13616. Jackson A. Watkins, of Jasper, Ga., served from July 25, 1895, to July 25, 1898, as a member of Company D, Fifth Regiment United States Infantry, when discharged, a sergeant, upon the expiration of his term of enlistment. He also served as a private in the Hospital Corps, United States Army, from September 1, 1898, to May 2, 1899, when honorably discharged.

On January 18, 1905, he applied for pension, stating that at Fort McPherson, Ga., about May 1, 1897—

while drilling at calisthenics or parallel bars received a strain in the back or backbone about even with the kidneys which caused immediate severe pain, which was followed by a strange indescribable numbness or insensibility in back and spine; from my eyes appeared to pour a great volume of fiery sparks with temporary blindness or impaired vision, and since that time my eyes have been weak and steadily growing weaker, and also have a spinal weakness and nervousness which brings about trembling and weakness with ordinary exercise to almost entire exhaustion.

The claim was rejected November 24, 1905, on the ground that there was no record of the alleged disability, and the evidence filed was not sufficient to establish the service origin of the alleged ́disability.

The soldier was 21 years of age at his first enlistment, and the only evidence of medical treatment during either term of service, shown by the War Department records, was for malarial fever from November 11 to December 8, 1895.

The claimant was examined by a board of surgeons at Jasper, Ga., April 5, 1905. They said:

We find spinal column tender and very tender in the cervical portion; on exercise complains of pains in head and eyes; breathing regular; has dyspnea; heart a little irregular; no difficulty in swallowing or speech; pain in back, neck, and shoulders. Complains of constriction in thoracic region; has numbness of limbs; movement quick, but easily fatigued. There is slight muscular tremor. We see no evidences of syphilis. Rating six-eighteenths.

We find no defect in either eye. Applicant says at times vision is bad, but at other times can see well enough.

Five comrades testified that the soldier had a fall and hurt his back while drilling, as alleged, and that he afterwards complained of his back and of his eyes hurting him at times. They all said they obtained their knowledge by being with the soldier at Fort McPherson, but none said he saw the fall or described the circumstances.

Laymen testified to complaints of eye and back trouble after service.

F. C. Richards, M. D., testified in April, 1907, that he examined the claimant about November 11, 1905; that he was then suffering from atrophy and contraction of the broad muscles of back and enlarged liver, which witness thought was caused by malarial fever; that he has examined and prescribed for claimant all along ever since; do not see any improvement, and thinks his disabilities per

manent.

Upon such showing the Assistant Secretary of the Interior affirmed the bureau action May 20, 1907.

In an affidavit filed with the bill the petitioner avers that he is three-fourths disabled by enlargement of liver, caused by malarial fever; that he owns real estate of the value of $150, and that his annual income from all sources is $100.

The gentleman who introduced the bill, in a written statement filed with the committee, says he is personally acquainted with the petitioner and that so far as he knows or is advised he has no real estate or income other than that derived from his labor.

F. C. Richards, M. D., states in a certificate, unsworn, that he examined the petitioner April 23, 1912, and found him suffering from enlarged liver and spleen and some rheumatism; that he has treated the petitioner all along since his discharge from the Army, and his diseases seem to be permanent and caused by malaria. One-fourth disabled.

From the foregoing history of this case your committee think it is shown that the claimant is somewhat disabled by his Army service, and they respectfully recommend the allowance of pension at the rate of $6 per month.

H. R. 19388. Peter Peterson, of Lexington, Mass., served as a private in Company A, Sixth Regiment Massachusetts Volunteer Infantry during the War with Spain from May 6, 1898, to January 21, 1899, when mustered out with the company.

He applied for pension March 21, 1899, stating that about October 15, 1898, he was kicked in the chest by a mule, causing abscess in the right groin and chronic weakness of the lungs and back. He made the same allegation in declarations filed January 7, 1907, and November 8, 1909. The claim was rejected January 16, 1901, and June 25, 1909, on the ground that a ratable degree of disability from the alleged causes had not been shown, and again November 23, 1909, because the evidence failed to show the origin of the alleged abscess of right groin in service and line of duty, and for injury of chest and weakness of lungs, because the evidence failed to show service origin and continuance from discharge.

On appeal the Assistant Secretary of the Interior affirmed the last bureau action.

The War Department records show the soldier 40 years of age at enlistment. They also show medical treatment for a disease, wholly unrelated to the disabilities claimed, from September 1 to. 9 and October 21 to 26, 1898.

Upon examination January 4, 1899, preliminary to discharge, the soldier claimed "lameness of back and chest," incurred in October, 1898, caused by "a kick from a mule, while engaged as a driver." His captain, Edward J. Gihon, certified that he had no personal knowledge of any disability, and a surgeon stated that he "complains of soreness and tenderness in lower part of sternum, where he was kicked by a mule. Some lumbar neuralgia: otherwise O. K.”

He was examined by a board of surgeons at Salem, Mass., June 20, 1900. They reported, height 5 feet 7 inches, weight 164 pounds, and said:

Lower end of sternum tender to slight pressure, no cicatrix, no other evidence of injury, no evidence of abscess of groin. general appearance good, nutrition fair, no emaciation, two-eighteenths.

Lumbar muscles stiff and rigid, no other enlargement of joints or contractions of tendons or muscles, four-eighteenths. No evidence of vicious habits. Nothing else found other than mentioned.

He was examined by a board at Cambridge, Mass., February 20, 1907. Weight reported, 178 pounds. The board said:

We find a scar half an inch long in right groin, which he says was lanced in January, 1899. He says he never had gonorrhea or syphilis, and on very careful examination we find no evidence of either. The abscess has caused no permanent injury. No rate.

He says a mule kicked him in chest and broke four ribs, but we find no evidence of fractured ribs. No rate.

We find lungs sound, no râles, normal, resonance on percussion; chest measurement at rest 391, full inspiration 41, forced expiration 38. Chest symmetrical. No rate.

The board stated that he said he had dysentery at times, but they could find no evidence of it, and that

He has lumbago, rheumatism of muscles of back, considerable pain. All joints are free from rheumatism. Rate six-eighteenths.

They also rated heart disease at eight-eighteenths.

The claim was specially examined in May and June, 1909.

The claimant stated that he had been a sailor from his sixteenth year to 1892, and a motorman on electric railways from 1892 to November, 1907, when he had to stop that kind of work on account. of his back; that he claimed pension for injury of back caused by a