New-York tribune., 1874-06-13
THE PENSION BUREAU DEFENDED

NIED-A CLAIM THAT HIS ADMINISTRATION is
JUST AND CoNsIsTENT-THx CHARGE OF INTER-
FgRrNCE In LEGISLATION DENIED BY THE CON-
GREssIONAL COMMITTEES.
TO me Editor Of The Tribune.
SIR: Your correspondent Equity under
date OF the inst says that in 1871 and 1872 shortly
after the appointment Of Gen. Baker as Commissioner
Of Pensions false and dangerous economy began u
be practced by him. and that In the interests OF TINS
economy he sought and found illegal excuse In the
word rermanent," as it in the pension laws
with reference to the duration OF disability 70 oeprVe
pensioners of considerable sums to which they wero
lawfully entitled Equity" adds that this course em-
earrassed the Commissioner. and he sought rehet Dy
causing an proviso DO added to the Ath seco
act March g. 1873 This statement is about az drecty
opposed TO the truth as well could be. Allow me 10
give the true history of this word permanent"
The requirement. that soldier should be permanently
disabled 10 ente him to the Increased rates tnen pro-
vded was first made in the act of Congress approved
June g. 1866 years before the appointment OF Gen.
Baker as Commissioner The proper construction OF tne
phrase permanently and totally disabled" as there
found became at once vexed question: and an appeal
was taken in the case OF John Fisher No. 4o9 to the
Secretary of the Interior the Hon. o. H. Brownpg one
OF the very ablest lawyers that has held the poroo OF
that department, and the 10th day OF september
1867 the Secretary affirmed the decision OF the Hon. DE-
H. Barrett the Commissioner OF Pensions. aud SAID
June g. 1866 the soldier must be permanently ana TO-
tally disabled" This was the accepted and only proper
construction Of that act under three Secretaries OF the
Interior and under three Commissioners OF PENSIONS
prior inoumbency of Gen. Baker, and 30 continued
down to the time when the act revising, amending ana
consolidating the pension laws was under consideration
Then through the efforts of Gen. Baker himself and
upon his recommendation the first provis0 10 inc ath
section IN the following words was adopted:
Prorided That the pension for o disability not perma'
nen equivalent in degree to any provided Tor IN tns
in snch degree be at the same rates as that pro
yded for permanent disability Of Like degree
This was promptly followed by Con Bakers instruc-
lions to Examining Surgeons (see page Is OF pamphiet
OF 1879 the element OF pernanency ID no longer
necessary to any degree OF disability"
Your readers will readily recognize the duty OF
bureau officer to administer the laws as he finds then'
and he may think they ought to be- In the words
OF Attorney General Ewing: "In the practice OF the
Office the rights Of parties as fixed by law must be
strictly guarded there chancery powers vested
in the executive departments or their bureaus" III
harsh provisions are found the laws, the Congress
that enacted them, and not the Commissioner who ad
ministers them responsible but the oensure TOO OFTEN
falls upon the latter who is merely performing his duty
under the obligations of an oath.
"Equty" is equally fault In his knowledge OF the
effect Of the proviso OF the 4th section act OF
March 1s73 which he says Gen. Baker caused to be
added to enable him deprive soldiers OF arrears OF
increase Invalid pensions. 1t has long since been de-
cided by Interior Department and the practice has
coDormed to that decision that this provso to the Atm
section Of March g. 1S3 relates only TO the section
Of which it is part. and has no bearing upon the 81
section Of the same act The 4h section Is reenact
ment of the act of June g. 1872 which gave Increased
rates for permanent specific disabilities raising them
from SIS TO S8 from $40 to S and from s to s 25 per
month These permanent specific disabilities nave
nearly oil received the increased ratings to which they
entitled Gen Baker made extraordinary efforts TO
give them promptly the benefits OF the act OF June g.
1922 more than 1900 such claims were adjusted In three
months next following its passage and up TO June 80
1873 claims Of this class were alowed-probably
beRet So it appears that this proviso Affects
than per cent OF the increase invalid claims now be-
s Ths prov,so saws SNo increase Of pension shall
mence prior the date of the surgeons certificate"
showing the disability % exist" were o fraudu
fn aRss decided the e
in allowance Of applications for Increase shall De
made in pursuance TO such application for increase,
which shall describe and SHOW ne existence o. an m
sustained by the Secretary Of the Interior, who,
his opinion, acknow edged the lndeimte9eSs 9.
examination made after the passage OF the act OF June
g. 1872 giving the increase, and under which such claims
TO he affected at all by the pTOvso must nave been ned
Thus Equity would have us believe that Gen Baker
connired at wrongful acts to secure legislation tnat
snfed him. March s. 1873 when II Is shown that. by his
published decision made during the same month"; he con.
strued the law passed to exactly what Equity
saws IL pressed before the alleged muaton charged
upon the Commissioner. Equity" quotes from the
So %ar ei disabled by known wounds received IN the Revou
tionary War" As tho last survivor OF that war died In
if relates only to pensions claimed by virtue this
act" is apparent that 1t has no applicability Whatever
TO claims before ae Pension Office or that have been
He has again mssiated the In his reference to the
amount fees paid to attorneys increase claims He
states correctly the number of such claims allowed
during the last fiscal year. 9o9a6. very credltable
s ST 1ns Of fee in II he
had turned to the schedule of fees prescribed and pub
sbed by the Commissioner he would have seen that t0
is legal fee aud not $40 he states The slst sec
ton March 8. 1879 which is reenactment OF Sec
mum fee at &25 and 1t discretionary with the
Commissioner within that amount; and ne mas h1ed 1t
deemIng that sufficient compensation TO the attorney
and giving the soldier the full benefit OF the protection
Equity" charges substantially gross inemcsnsy
Houses and Of Congress itself when he asserts that
Bureau officer molds them to his VIII, or ucks them
Into dDns % enr sna
made by Pension official to foist upon the Senate
false copy Of the House bill Does be not know that the
Senate acts the original copy which is certified to
p S Hns a sss
because if so nterp61ated mutilated, Is would be
in ms his W tho 20 sGs
OF March g. 83 sent to the President for his approval
Equity II sneh statements Dc true, tenerts rem upon
properly engrOssed and not upon the Commissioner OF
Pensions, VINO have possible connection with
such matters any adequate motive to prompt him
TO such act, IL 10 were possible.
The experience OF Gen. Baker has demonstrated the
just in the ratio in which he efec
tive administration of the Pension laws will he incur
hostiles OF those who would by lax enforcement
the law His experience has shown that each rejected
claim brings 10 the surface another disaeoted citizen
10 against hm-mOst OF them honest believers
in the legality Of their claims though ignorant Of the
lawbut of them baffied in their attempts to push
through bad claims 1t has shown the Of
OF who have been detected and prosecuted for
violations Pension laws that each eniss In
the army maconteDs operate in the political field
against the officer who stands In their way. 1t has