The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1880-06-04
GENERAL COFFROTH,S SPEECH
On the Pension BIII I'm the House o
representative, May Is. 1850.


The House being In Committee OF the Whole.
and having under consideration House bill No.
I 5494 from the Select Committed on Pensions Boun-
10. 4s52D -2'''A ~ ''' i'''ss i''i'
Mr. COFFRoTH said Mr. Chairman-At
the beginning of this Congress the Speaker
/ hOnOred me with the position of chairman OF
the Committee on Invalid Pensions. This
position has 10 a great extent familiarized me
with the complaints against the Commission
. er Of Pensions in his construction Of the pen
sion laws and his decisions on the facts as
! presented by the applicants for pension.
The charges against the Pension Depart
ment were so frequent and Of such a serious
character, that l came TO the conclusion that
the applicants for pension not only needed
but should have a tribunal in which the deci-
siOnS of the Pension Department might be
/ reviewed. Therefore, on the 23d of Febru-
AIRY last introduced bill (No. 46J2) to or
ganiZe a court of pensions. This bill was re-
feTred to the Select Committee on Pensions,
Bounty, and Back Pay and, after a full con
SideratiOn of the bill by said committee, il
was deemed just and right that a court Of
pensions should be organized. and the bill
reported by Judge GeCdes, and now under
. consideration, was adopted as n substitute
fOr the bill l introduced. The bill reported
had careful consideration 10y the committee,
and, in my opinion, if il becomes a law, it
will do more to expedite the settlement of
pension claims, TO administer Justice to the
wounded and disabled Union soldiers, and
to relieve Congress Of the great burden Of
examining and passing upon the thousands
of pension bills introduced at every session,
than any law that has ever vet been put upon
the statute books.
The bill proposes to establish a court of
pensions, to consist Of three persons Learned
, in the law, or, in other words, three able law
YeTS, who Will be fully competent to exam
inc and give just construction to the pen
sion laws, and who Will see that the well-set-
tied rules of evidence 0e applied to the proofs
tsBs1f rHsF a1..T.v
. court viii review the decisions of the PeEsiOn
Department on law and facts in all cases Of
original applications, increase of pensions,
applications for restoration to the pension
roll, and fUT arrears OF pension arising under
the pension laws when an appeal is taken,
and the judgment OF the court to be final
upon the parties.
The court is also empowered to examine
and pass upon claims which do not come
within any of the provisions Of the pension
laws and which cannot he adiudicated and
allowed 10y the Commissioner of Pensions
and in this class Of claims, if in the opinion
OF the court the applicant has any equitable
right torelet, the court shall recommend the
allowance of the same to Congress.
The court is given jurisdiction and power
TO hear ana determine whether the record of
the War Department, which shows the appli-
cant 70 be dcseTter should be amended and
the charge Of deSeTtiOn removed. then the
claim Tor pension shall be considered the
same as il said record did not exist.
The bill provides for an appeal from the
decisions OF the Pension Department, and
requires that all papers, affidayits. exhibits.
and testimony fled in each claim in which an
appeal Is taken shall be delivered by the Sec
retary of the Interior to the court. and that
all the testimony hlCu In the claim shall be
made part OF the evidence to be considered
by the court in its att Indication and also Al
low the taking of additional evidence either
by the applicant or the Government, and
when any claim is determined ana allowed
it shall be certified 30 the Secretary of the.
interior, and the name of the applicant shall
be placed upon the pensiUn-rol with the same
effect a. II the applicants name had been
placed upon the penSiOn-Ipll by the Sccreta
Ty OF the Interior i'm pursuance of the pen
sion laws in force when the application was
pending in the Department
1t is alleged Ivy able lawyers. who have
large experience in the puvSIgu rrartirp
That the rulings OF the Department on the
different claims are iu conflict with one an
other, and la violation OF the plainc~t urin-
cIple> of law and rules of evidence. Now.
sir, if this he true. then a court of pensions
Is needed If even the court cannot eNpe-
ditC the adjudication of pension claims. IL at
least viii be a satisfaction to tie soldier to
know that in the matter Of passing upon his
pension claim lie viii be placed uuOn the
same equality With litiEIntS iu the courts of
law, with the right of appeal to q superior
tribunal It he believes a wrong has been done
him. In my opinion the pension claim Of
the | Mon soldier Is paramount to all other
Grafton. lie claims for loss of limbs for
wounds, for injuries and Tor disability con-
tracted while De was in the military service
OF his country in sustaining the best form of
human government ever given hv God to
man. 1t j. our duty as the representatives
Of the people to see that a court is provided
where the law shall be fairly administered,
2nd where the rules of evidence shall he OBJ
served.
Sir ] say this bill viii not only provide
court satisfactory To the soldier, but il will
expedite the adjudication OF pension claims
The fact alone that there Is q court 20 review
the decisions of the Pension Department will
ma ke that Department more careful i'm IFS
decisions, and more stable i'm the rules and
. regulations of the Office. PrinriuleS of law
and rules of evidence will be laid down that
will do much TO tighten the burden of the af-
. ficted pension applicant i'm having his pen
sion granted at an early day. Then. sir, it
will take from Congress the flood Of bills now
demanding our attention.
Mr.. FABR: ! should like to ask the gen
tleman if he Is in favor of denying to this
class of pensioners the right To appeal TO
Congress.
AR. CoFFRoTH: I am not The purpose
OF this bill Is to compel the Pension Depart
ment TO decide cases with respect to The law
! and the evidence adduccd. and if the court
says the applicant does not come within the
pension laws, but has an equity against the
Government OF the United States. then the
court viii so declare. and send the claimant
to Congress for relief. and then we will grant
! his pension without DELAY.
Mr.. Chairman, one of the complaints |
hear nearly every daY is That the Pension
Department strikes from tie peU>ion-rOll
worthy pensioners on the secret reports of
detectives or special agents that these de-
tectiveS or special agents 90 through the
country taking the statements of the enemies
OF the pensioners. and then without auy no
tice to him or her OF the nature of the charges
or the names OF the witnesses the special
agent makes his report, and on this er pIrts
statement the Commissioner of Pensions
dsops from the peusiOn-roll tie name ui the
+ penSioner. In many eases these detectives
or special AGENTS strike the virtue Of the
widow Of the dead soldier, and retail IN their
. reports the foul slInder and scandal of the
ijcentiuuS and the vilijfier with avidity in or
der to have her name dropped from the pen
siOu-ruii. Ia other instances. OF vague state
mcntS and or hcres8y declarations, upright
and exemplary persons have beer stricken
from the roll. Now, sir, should there not be
a court 10 review the action founded upon
+ this kind of atitavitS, or must the wounded
soldier. the wife and children of the man
+ who gave his life to save the nation, rest un-
der the condemnation pronounced by the
/ Pension Department. which resorts TO the
6eteStable and damnable system Of secret
/ spies, detectives, or special agents to take
the bread out Of the mouth Of the poor and
destitute peusiOner? This mode Of striking
/ pensioners from the penSi9U-rnli became so
OdiOus that Congress last year at :ke extra
session enacted on ana appropriation bill that
. ''in uc case shall a pension be withdrawn or
I reduced except upon notice to the peu>iOUeT
. and q hearing upon sworn testimony
In other instances these special agents ar