EXECUTIVE MANSION, _June 22, 1888_.
_To the House of Representatives_:
I return without approval House bill No. 8281, entitled "An act for the
relief of Lieutenant James G.W. Hardy."
It is proposed by this bill to award a pension to the beneficiary above
named.
In the month of January, 1864, he was on recruiting service in the State
of Indiana. On the 15th day of that month he was traveling between
Indianapolis and Lafayette in a railroad car, and he alleges that he
raised a window of the car to obtain air, and placed his arm on the
window sill, when it was struck by something from the outside and one of
the bones of his arm broken.
In February, 1865, he resigned on account of disability caused by the
accident above mentioned, the medical certificate then stating that he
had a fracture of the right humerus of ten months' standing which had
not been properly adjusted.
He made an application for a pension to the Pension Bureau, which was
rejected.
Although it is stated in a general way that he was traveling on business
connected with his recruiting service at the time of his injury, he has
given no information as to the precise purpose of his journey; and it is
conceded that he was guilty of such negligence that he had no right of
action against the railroad company.
It also appears by the medical certificate upon which his resignation
was permitted that the fracture, not necessarily serious, was never
properly treated. It seems, too, that he remained in the service ten
months after the injury.
I am unable to discover why a pension should be granted in this case,
unless the Government is to be held as an insurer of the safety of every
person in the military service in all circumstances and at all times and
places.