Evening star. [volume] (Washington, D.C.) 1854-1972, 1883-08-15
The Bremen. Pension Case.
THE CHARGES AGAINST THE BEALLs DISMISSED By
COMMISSIONER BrNnY

COMMISSIONER BUNDY.
To-day United States Commissioner Bundy rem
dered his decision in the case o; Alpha b. Beall
charged with having taken an excessive fee for
procuring pension for Mrs. Christina Brcmer
{under section 5,4s5 R. S), which has been before
him for two or three days past The commits
siOner said: 81 have looked at this case in the
light Of the evidence in two different views, and
have come to the same conclusion in both, to wit:
that no offense has been proven against this de-
!endant The statute Furnishes the wrongful with
holding OF pension or any part thereof from the
penSloner by any person instrumental in proSecu-
ting the same. The defcndent Was, according to
the evidence, in part instrumental In prosecuting
this pension; at least, he had an active agency in
procuring the same, although he bore q subOrdi-
nate part, thus falling into the Category
arises did he, according to the evidence, wroagruly
withhold Mrs Bremer's pension or any part there
Of e IS at on tie
went with the pensioner to the Central National
Bank. where, she having her pension check, the
il was paid by the bank the pensoner taking 500
| Of the currency. and depositing the remainder to
her credit iii the bank: The defendant received
no part OF the sac so taken by Mrs. Bremen. Four
days thereafter to wit, August 18th, check was
presented at the same bank and paid for s75S 13
which 1t is supposed-tnot clearly proven) repre-
sented the sum paid to the defendant. Let us look
at those facts, and see II upon the theory that the
defendant received $500 or more from the proceeds
of that check on the 18th OF August, 1880,
cuticn was instituted he was guilty of
the offense described In this section or the
statute. In other words, was the money drawn on
that check any part Of the pension? l think not.
There comes a time to every pensiOner when the
pension money passes from under the protection
OF this statute, which is intended to make sure
that all OF the pension money shall reach the
hands OF the pensoner and pass fully into his or
her possession or dominion. When or at what
point of time does the statute cease to operate as
protection OF the penSioner? The penSiOner may
buy lands with the pension money, or he may buy
1S wi la hoy FOR
any one to cheat the pensfOner out OF either the
land or the bonds so bought, think no one would
claim that such wrongful act was violation Of
this statute, and this Illustration serves to show
that there is time when the pensioners money
passes from the protection of the statute and be-
comes subject to the general laws, which
mon with Other citizens from spoliation.
When does this change happen? I am convinced
that 1t Is not far wrong to say that it happens
out fraud deceit into other forms Of property or
credit. Now what sthe effect of the transaction
known as depositinl Dmoney in a bank7 Iknow
as having a thousand dollars in bank But no
lawyer need be told that this form expression is
not literally true for when the money IS SO depos-
ited the legal effect is that it passes into the gem
eral funds OF the bank, and the deposItOr has only
credit In that bank for the sum so deposited. He
has no right to reclaim the particular bills or coin
SO deposited; for the property has passed to the
bank. and has so changed that it can no longer be
'dsqtfed Gha as the pension or any part thereof
nnn Me ADDED after
offence had been committed.
The case OF Mr.. R j. Beall, charged with the same
offense, was called. and Mr.. Taggart said that in
the light OF the evidence. explanations and the de-
c1Sion or the case, he did not see that there was
anything to do but to dismiss the case. He was
glad to do this. for he felt juSti1edin saying that
there was not a particle Of evidence as to Mr:
Bealls guilt. Commissioner Bundy said he united
In saae sae Views y by Mr. Taggart and dis
reached so satisfactory an ending.