The National tribune., 1879-01-01

Houses know this bill Will and before the adj
journment desire couple this amendment to in order
that its passage may be assured am sure large
joy of the members here have sufficient regard for dis
abed soldiers to favor the repeal Of this law It's repeal
will allow an opportunity for doing justice to those
titled to pensions Under the construction placed that
statute by the Adutan Generals Office and the Commits
soner Of Pensions soldier obtain the removal Of
the bar it forms unless record Of his disability had been
made at the War Department. during his service in the
Army.
After further discussion by Messrs. Towns
hend, Smith, Finley, Baker and Hewitt, of New
York, Mcmahon, Of Ohio obtained the floor
Mr. McMAHoN offer an amendment which | can
hardly say changes existing law but may change exist
ing practice, practice which | hope gentlemen the
other side will insist perpetuatng by raising
point of order if the amendment be anenabe to such
point Let the amendment be read think it will speak
for itself
The Clerk read follows:
SEC. -. No pensioners shall be stricken from
rolls nor shall his pension be reduced without previous
notice to the pensioners aud whenever the Commissioner
of Pensions has reason to believe that pension shond
be discontinued reduced he shall first give hearing to-
the pensoner and permit examination of the testimony
upon either side and he shall receive and consider further
testimony offered in rebua subject to his power
pend payment during such inquiry. And in all applica
ons for pension bounty the petitioner his attorney
shall have right to inspect all testimony or reports
cerning his claim that may be file in the department
Mr. SMITH. OF Pennsylvania. 1t is incumbent the
gentleman to show that bis amendment does change
existing law. The gentleman asks adopt provision
OF law which will change practice in the department
Mr. MCMAHON. It may change existing practice
but suppose the law does not authorize the practice
Mr.. SMITH, of Pennsylvania. Practice makes law
Mr.. MCMAHON But you say that my amendment
changes the law submit that when this Government
has examined mans and allowed him pension
thereby admitting that him so much money ner
month under the law there statute legal provision
which authorizes the Commissioner of Pensions to send
out of these pimps called especial agents to 90 into
the neighborhood of the pensioner and take testimony
privately without notice to the pensioner that his first
knowledge of the proceeding which deprves him of his
pension is when he finds that his has been stricken
from the rolls. repeat there is existing law which
authorizes such proceeding IL there is friends on
the other side ought to be ashamed have made such
law Such proceeding Takes from right which
the Government has conceded to him right property
SO scrupulousy guarded by the law that cannnot be
taken from him for debt it be assigned by the
man himself Yet this right thus carefully guarded Is
under the existing practice taken away by an "a Darte nro
ceeding on the part Of the Commissioner of Pensions
do not say this officer himself acts
the law through defective Instruments and we know that
o2ice holders do and then get be defective instru
mentsonly occasionally of with the gentlemen
now in power. ] know where men havethus been
deprived improperly of their right aud am labrino in
this House TO prevent such abuse or rather am
laborng with reference to the other House. where is So
much harder than it is here get measure of this Hind
through not because it is epubican body of course
am iaoong to get men restored to the pension who
have been stricken from them without particle of notice
of any proceeding against them.
Wnen the claim OF against the Government of
the United states for pension has been allowed by what
authority does the Commissioners of Pensions send out
and privately get letters adayits from individuals in
the neghborhood of the pensoner and then act mon
them never permitting them to be inspected by the PEN
Mr. SMITH, of Pennsylvania Certainly the pentleman
is not addressing the Chair on the point Of order.
point of order -
The CHAIRMAN. The Chair thinks that the gentleman
from Ohio is using considerable latitude in discussing the
point of order. W
Mr. MCMAHON | am on the point of order strictly
Mr. CoNGER. No, the gentleman is on the point of dis
order Laughter
Mr. SMITH of Pennsylvania. The gentleman is talking
OF matter OF practice which has nothing with this bill
Mr. MCMAHON Of course it is the practice am COM
planning of and not the law would not charge the
tieman with uphoding such law as this The Commits
siyner sits up in the Pension Bureau the gentleman
talks to him and says, 1t nice do this business
because we will have to develop the names of parties
say every pensioner entitled well as every CRIMINAL
in the land to be confronted with the witnesses oans
hmif not with the names with their personal presence
and the idea that we shall deprive these poor mem for
whom we on both sides OF the House profess such un
bounded love of that right and apply TO them la nf
law different from that in every other is such that
appeal TO gentlemen the other side of House not To
insist the point Of order am sure f tbat j;st;,,