New-York tribune., 1874-06-01


yded as was agreed to by both houses that "no In
crease OF pension shall commence prior to the date OF
the surgeons certificate first showing the disability 10
exist" AS the bill went to the President for MS sigma
ture the hast six words omitted and under this act
the Commissioner has decided that the surgeons certf
referred s the last one when there are several
To the remonsrances of influential persons some show
Of legal authority desirable. Gen. Baker Is ready
and refers them to this contradictory and indefinite
sentence added to the law Of March s. 1s73 which, nc
SAYS requires such action. But many able men
deny that this indefinite sentence requires
such action. Mr.. Conkling did, In the Senate
less than month ago, though he feared the correc
on OF the wrongs founded In 1t would cost too much
Unable heretofore to get the laws definitely to author
such Withholding to stop further questioning ana 10
nullfy any appeals his decision. Gen. Baker this
session proceeded to do the added wrong OF hang b
decision or construction made positive law tt this end
he caused the House Committee on the Revision OF the
Laws 10 benisled into adding TO the indefinite sentence
referred to- ending with the words surgeons cerun-
cate" the words "in the pending claim" making the
law declare increase shall be in prior 10 tne
date of the surgeons certificate In the pending claim.
As pending" refers the last claim. the reader can
see that such Interpolation gave Baker what he wanted
and was in Just as direct opposition to the true mean
ing aud intent of the law as the "oros
first" and "last" are contrary 10 each otnoi'
Early in March, few days after ths was uone' Ca
planned to the Pension Committee OF the House tue
condition Of affairs, and urged them SO 10 amehu 'he
laws OF 1873 as to havo it definitely restate In accord
with the timehonored law OF 1906 that increase OF pen
sion shoud date from the surgeons certificate hrst
showing Increased disability. The Committee without
dissenting voice voted 10 draw up such correcu'e
amendment The matter was reerreditoiMr. Critten-
den of Missouri by the Chairman, Mr. Rusk. Mr. Crlt
tenden put the matter in legal shape and March H.
1874 in the House of Representatives, reported H. H.
rbi
of Section T. In tho Pension act OF March 3, 1873 pro-
yded that increase pensions shall commence from inc
date of the examining surgeons certhcate tha' h's
showed the Increased disability and further lncreasea
in proportion the increased disability descrioeu ny
subsequent certificates from the respective dates OF
said surgeons certificate" After Mr. Cfttehueh an
swered Mr. speers call for an explanation OF the ehec.
OF this bill it was heartily seconded by the latter ana
passed without opposition
Shortly, the matter went before the SENATE fehs'oh
Committee, who accepted the House amendment as u
the date of commencing increase pay but tacked on
sentence giving the Commissioner OF Pensions at his
written request absolute OF revision not limiting
or making IL subject to any facts or proof that might
Justly forbid official change revision but arbitrarily
authorizing that "al" proof OF increase shall he sub
ect TO revision by the Commissioner" tSee congress
sionaI Record OF April 3, 1s74)
Still Gen. Baker was dissatisfied, for tho declaratory
part of Crttendens amendment to date of pay might
conflict with his power If it did not interrupt it, His
letter read TO the Senate having caused enough debate
to recommit the bill to the Committee he wrote another
and long 10 Senator Pratt Chairman OF the senate
Committee In this letter he based upon the false state
men that prior TO 1873 there no law fixing the date
of of increase pensonsa reason for
urging that Crittendens bill No 2456 be set aside,
and in its place be confirmed the addition TO the law
which the Pension Office desired and which provided
that payment of increase pensions should not begin at
any date prior to that OF the certificates in the pending
claim, l. e., last. By this (Gen. Bakers) amendment,
every additional claim application the Governments
delay might trap the weary pensioners into making,
would annul any rights to which each prior claim might
have proved him entitled With this ruling made
law, the pay right to which Is proved from
the date Of the first showing, can only date
from the last Of the various succession OF claims,
as "peuding claim" officially means last claim.
Equitable law that has been in undisputed force over
half century Commissioner Baker thus tries to over
throw, these days of Vastly greater wealth and
luxury would by his substitute treat present pen
sOners pnchngly than in the hard times OF the
Revolutionary treated the pensioners of tho War
Of Independence. If permitted what sort OF eenen-
nal showing will that be OF our progress in liberaity
and broad humanity, in brotherly hepfulness, and
National gratitude VIII it show government OF the
people, by the people, for the people or will 1t show
despotic ruling of the people by the Government
To show how this proposed change III the law would
operate is only TO take case arising under
the present rulings OF the Pension once. pensoner,
from the date of his discharge for several years, has
been drawing s. month, and finally, in 1869. proved
himself then entitled to an increase 10 s. month BY
mistake he was only given 81 month Two or three
wears after IN 1872 he found comparison OF his ina
bty with similar ones among army comrades, that
they were all getting S. He found. however. that
many had had experience similar 10 his own. but had
finally scared friend at c9dr; or an attorney the
them their s. month. Twenty thousand nine hundred
and fOrty-sx increases granted during tho last
fiscal year, so that there would he scattered among
attorneys fee OF Ony So each, Sils.91O hXlng
money" that ought to be IN the cripples pockets TO
meet their needs
To return Our crippled friend does not have $50
to spare for fee. lie Is remote from Washington or
does not Eeaze that the authorities really dare e. refuse
him Justice So in the confidence of his citizens title to
he heard and nghted he reappes Tor the increase de
him. Though proof already on hand IN the office, II Is
again required and he forwards another SURGEONS cer
unbrOken continuance OF bis 81 Increase disabilities
proved three years before; nevertheless his claim is
arbitrarily rejected Briefly the unabrogated and time
honored law OF 1906. then. in 1872 si required the
allowance of increase pension TO begin from tue date OF
the surgeons certificate first showing the existence OF
the Increased disability. But when nothing but poor
citizen, and cripple at that dared appeal TO his Gov
shown, 10 ignore law and 10 turn his power
aga,nst him Two dollars month for three years
makes S72 withheld from such pensoner Bv 1879
au attorney was engaged, either feared by or III the
wardng another certificate proving the matter again.
the pensioner gets his - month, but only from the
instead of from when the first surgeons certificate
1862 proved the existence OF the increased disability.
coucdent desert to have his increased pay begin
that earlier date In the teeth OF this against law
aud equity, Gen. Baker cuts of four years balance Of
siuce 1869. This being only - month, shows
his least severe reductions, and illustrates the least
harm done by hiu Have this comparatively slight ill.,
JUSTICE that only 10000 of last wears 10000 in
| crease cases were cut down 81 MONTH for only two
instead OF four and that would show S4s00o0
withheld from these invalids In addition to about half
million got out OF them for fees Bat the fact 1, that
from 81 10 $l2 month Is thus withheld FROM great mum
ber these poor fellows for periods varying from
10 five yeare The reader make average this
| basis
These facts that richly worth the attention
only OF members OF Congress hut OF the entire peo
pie, who, believe have not forgotten the services
| dered by citizen sOlders during the
| HnlLinnLnlI- ID La EOIIIY.