Parallel reference table of draft of veterans' pension bill-Continued

The CHAIRMAN. Are you through, Judge?
Mr. SAUTHOFF. Yes, Mr. Chairman.

The CHAIRMAN. You said, a while ago, something about the influence that was brought to bear on these appeals boards; what influence did you mean?

Mr. HOBART. I had in mind one particular instance, sir, which affected me personally, which is illustrative. At the outset, I want to say to you that they vary widely with the individuals and in different places; it is not present in some, and very definitely present in others. Shortly after I reported for duty with the Board of Veterans' Appeals, a general meeting was called of the Board

The CHAIRMAN. What year was that?

Mr. HOBART. In the fall of 1933. The purpose of that meeting was for us to meet the representatives of all of the veterans' organizations. They were all present. It is a matter of written record as to the attitude of one of those representatives, who was acting on the orders of the then commander of the Veterans of Foreign Wars. He made, in effect, this statement: That he welcomed the Board of Veterans' Appeals, with the exception of one member, myself; and that, on behalf of his national commander, he requested that no claims of members of his organization be passed to me for determination. That is illustrative of what I mean.

The CHAIRMAN. Let me ask you another question before you leave the stand: You spoke of being willing to take care of the Gold Star Mothers and fathers. Now, would you apply that to the fathers and mothers of those who died of presumptive service-connected disabilities?

Mr. HOBART. Reasonable presumption; yes, sir.

The CHAIRMAN. What we think is reasonable is what Congress voted.

Mr. HOBART. I must disagree with the reasonableness of the 6-year presumption, however.

The CHAIRMAN. You spoke of the Canadian system. Of course, we have a more or less disjointed compensation system in this country, because we have a disjointed country. Canada never had any internal strife or civil war, and therefore they have been able to move along in a national way with their compensation or pension policies. We have not. So that is one thing that has brought us to what you call "hodgepodge system" here, that may take a long time to iron out. If there are no other questions

Mrs. ROGERS. I have one or two more, Mr. Chairman.

The CHAIRMAN. All right; proceed, Mrs. Rogers.

Mrs. ROGERS. How do the Canadians locate their disabled?

Mr. HOBART. I do not quite follow that.

Mrs. ROGERS. How does the Canadian Government locate its disabled veterans?

Mr. HOBART. I do not understand the term "locate."

Mrs. ROGERS. Do they find out whether they are getting the compensation they need, whether they are applying for compensation, or not?

Mr. HOBART. Well, every veteran, of course, is well known at the head office in Ottawa. The Canandian Legion is doing an excellent job in that connection. They maintain very cooperative relations with the Pension Commission.

Mrs. ROGERS. That corresponds to our American Legion?

Mr. HOBART. Yes; it is a branch of the British Empire Service League.

Mrs. ROGERS. Are they hospitalized, non-service-connected disabled?

Mr. HOBART. Non-service-connected?

Mrs. ROGERS. Yes.

Mr. HOBART. No; they are not.

Mrs. ROGERS. I know they were agitating that some years ago. Mr. HOBART. It had been agitated, but up to last year, they were not doing it.

Mrs. ROGERS. Who takes care of them?

Mr. HOBART. Well, Canada has, of course, a social-security act, and I understand that now it has been suggested that the veterans have a 10-year age differential of social security running in their favor. That suggestion has been made, but I doubt if it has been acted on. Mrs. ROGERS. Do you not have the feeling that the rating schedule is too low in many instances?

Mr. HOBART. Our rating schedules? No; I think not. I think they are reasonably satisfactory, except for the amputation cases and blind cases; I think they should be getting increased benefits, without any injustice.

Mrs. ROGERS. It seems to me, in the ulcer cases, it is very low.

Mr. HOBART. That is a very complex question and is, again, a medical question.

Mrs. ROGERS. The men are really ill and not able to go to work. I employ one man that I know it is very difficult for him to work. The CHAIRMAN. Do you have a copy of the Canadian schedule? Mr. HOBART. I have in New York; yes.

The CHAIRMAN. Would you insert it as a part of your remarks? Send it to the clerk and insert it at this point as a part of your remarks. Mr. HOBART. Yes; I will be glad to do so.

(The matter submitted by Mr. Hobart is as follows:)

Hon. JOHN E. RANKIN,

THE AMERICAN VETERANS ASSOCIATION, INC.,

Washington, D. C., March 13, 1937.

Chairman, Committee on World War Veterans' Legislation.

DEAR MR. CHAIRMAN: Herewith I hand you Schedule A, Scale of Pensions for Disabilities, and Schedule B, Scale of Pensions for Deaths, taken from chapter 157 of the revised statutes of Canada, 1927, as amended by chapter 38 of the statutes of 1928, by chapter 35 of the statutes of 1930, by chapter 44 of the statutes of 1931, and by chapter 45 of the statutes of 1933, of the Canadian pension act, for inclusion in the record in accordance with your request.

There was also inquiry at the hearings relative to the organization of the Canadian pension system and the authority of the Commission to grant what is called a compassionate pension in meritorious cases, which, through technicalities or otherwise, cannot be taken care of under the law. I think it might be of interest to the committee if the brief memorandum which I hand you herewith, taken from the study which the American Veterans Association has made, was included in the record. This is not an exhaustive study of the subject but the references made will, I am sure, identify for the committee the sources for further inquiry if it is desired.

We are especially interested in the so-called compassionate pension, as you will see from section 513 of our omnibus bill submitted for inclusion in the record and for study. We believe such a measure would relieve Congress of a great many demands for border-line legislation. It involves setting up a separate and independent board of appeals, and that as well as other provisions relative to the reorganization of the Veterans' Administration, has been presented to the Joint Congressional Committee on Government Organization.

Sincerely yours,

ANDREW TEN EYCK, General Counsel.

ORGANIZATION CANADIAN PENSION COMMISSION

Brief reference is made to the Canadian scheme or organization, which is quoted from chapter 157 of the Revised Statutes of Canada 1927, as amended by chapter 38 of the Statutes of 1928, by chapter 35 of the Statutes of 1930, by chapter 44 of the Statutes of 1931, and by chapter 45 of the Statutes of 1933. (Parenthetically, it may be noted that the original pension act of Canada has suffered four liberalizing amendments since 1927. However, it has maintained most of its essential provisions.)

ORGANIZATION

Section 3. (1) There shall be a commission to be known as the Canadian Pension Commission, which, subject to the provisions of the amending act of 1933, shall have and exercise all powers, authorities, and functions which, immediately prior to the amending act of 1933, were vested in and exercisable by the Board of Pension Commissioners for Canada.

(2) The Commission shall consist of not less than eight Commissioners who shall be appointed by the Governor in council, but in his discretion the number of Commissioners may be increased to 12.

(3) One of the Commissioners shall be appointed by the Governor of the council to be Chairman of the Commission.

(4) Each Commissioner shall hold office during good behavior for a period of 7 years from the date of his appointment, and shall be removable at any time for cause by the Governor in council.

(5) A Commissioner shall cease to hold office upon reaching the age of 70 years. (6) A Commissioner on the expiry of his term of office shall, if not disqualified by age, be eligible for reappointment.

* * *

Section 5. Subject to the provisions of this act and of any regulations made thereunder, the Commission shall be charged with the duty of considering and adjudicating upon all questions relating to the award, increase, decrease, suspension, or cancelation of any pension under this act.

* * *

Section 21. (1) The Commission may on special application in that behalf grant a compassionate pension or allowance in any case which it considers to be especially meritorious, but in which the Commission, or on an appeal to the Court, has decided that the applicant is not entitled to an award under this act. (2) The amount of any compassionate pension or allowance under this section shall be such sum as the Commission shall fix, not exceeding the amount to which the applicant would have been entitled if his right to payment had been upheld. AMERICAN VETERANS' ASSOCIATION, ANDREW TEN EYCK,

General Counsel.

MARCH 13, 1937.

$720

$675.00

$630

$585.00

$540

1,008

(military)...