The National tribune., 1883-11-15

regard TO pension frauds, ana Shows the Secre-
tary of the Interior to be a man of sound sense
as well as public spirit.
DEPARTMENT OF THE INTERIOR.
WASHINGTON, November 9, 1888.
Hon BENJAMIN HARRIS BREWSTER,
Aftorney-G General of the United States.
SIR: sn IN receipt OF your communication of
the 9TH isislt, concerning the appointment by the
Commissioner Of Pensions OF r person TO aid the
United States District Attorney for the District in
the investigation Of all claims for pensions and
bounties, in connection with charges made against
attorneys. and 20 examine such cases as the Dis
tricf Attorney may desire 10 present TO the grand
jury. You say: - agree with you that such
an appointment cannot be made TO examine cases
where the 0fleIses charged not ofIenses against
the United States; but The District Attorney. in his
letter 10 you OF tile I'd ulBlo includes cases where
these pension agents make formal applications 10
the Pension Office well knowing that the claims
they present are fraudulent"
have for the scpnd time carefully examined the
letter OF the District Attorney of the 23d utimo of
which you speak, and fail TO find that he in that
letter suggested even a disposition to prosecute
parties guilty of attempting to defTaud the Gov
ernmeBt Of the United States.
The sub5sct-Inatter OF the interview mentioned
by him with the Commissioner Of Pensions learn
from his letter as wen as from the Commissioner,
WIS with reference to the denses of the attorneys
and claim agents who We're defrauding the appli-
eants for pensions The District Attorney says the
interview YVES concerning he fetIedS employed by
certain attorneys claim agents in this city IN the
presentation and prosecution Of claims for pensions
iied IN the feilslon Once, ana he then specifies
the evils complained OF, rs follows; The cllarac-
ter OF the enormous frauds which are being perpe-
trated upon applicants for pensions by certain claim
agents OF Washington VIII. if the allegations be
sustained by evidence, surprise the public" gain
nc says: These agents merely file formal appii-
cation TO enable them to collect money from their
clients Again: The persons defrauded are
poor and comparatively helpless and foTTa a class
10 whom the country owes special protection. If
the representations made 70 Iie concerning tie de-
vices used 10 defIaud them of fhsir little earnings
true, they rival IN cunning the articles OF the
most experienced swindiers who practice three
a1a-4 H. A
ing else were accomplished by the investigation, it
would as least warn soldiers and their widows and,
orphans OF Their danger, and prevent in future
ineir being swlnclen OF their money, and 1t viii
v1ndIcdte honest agents from unjust suspeoion."
fail in this 10 find even intimation that the
District Attorney desired 70 proceed against those
who were attempting TO dcfFaud the Government
Tor their crime Of so attempting to defrzud The
avowed purpose Is TO punish the parties for swind-
trct Attorney in this effort and recognize the duty
OF the Government 70 punish all such offenders:
but you agree with me that such appointment
not be made by the Commissioner 10 examine cases
where the oEense consists In swinoling or in at
tempting TO svindlc the applicant
Had the District Attorney applied for detail un-
Ger the section authorizing such detail should
have assumed that he wanted such detail for the
purpose authorized by law; but lie set ont in de-
tai the evils complained of and asked fer the ex-
atnlner TO investigate alt the claims Incomes
ton with which charges are made against a.tor-
negs and to specially examine such cases snail
desire to present to the grand jury foE their ccnsid
Grafton and eeticn."
Ifilse object of the District Attorney is 10 prose-
cute parties committing frauds on the Government
the detail which is of frequent occurrence in the
prosecution Of cases Of this character IN all parts
OF the country.
WHAT THE PENSION OFFICE HAS DONE
During the year 1882 the Department submitted
lrc the Pension Office for criminal prosecution
l76cses Of tisis snuinberseVenfy-seve were against
attorneys claim agents. During the year 1888 100
cases OF Inc like character were Submitted ofvc
agents In al these cases understand the charges
against The attorneys or agents were that they
attempting 70 or had defrauded the Government or
the pensioner, by taking fee prohibited by the
United States Statutes. j understand il to ixSthe
PRACTICE Of the Pension Office TO prepare these Gases
and submit the 10 the District Attorney and
TO detail competent examiner to aid him in the
preparation OF the case and on the trial.
IN ali cases where attorneys are found iolating
The pension laws or IN extOrtiDg money from ap-
plicants without rendering an equivalent the De-
paIfe8t has not only refused to allow such agents
or attorneys 70 appear before the Pension Office In
the prosecution Of pension claims, but they de-
barred from appearing before any other bureau OF
the Department. in many such cases the punish
nncnt inflicted by the Department IS much greater
than that inflicted boy the courts for il frequently
amounts 10 the obstruction Of their business and
financial ruin.
The filing OF a false claim against the Govern
ment of the United States is q crime against the
United States; but no claim can be presumed TO be
fraudulent and false from the character Of the attor-
ney presenting y, nor from the methods adopted
by him 10 secure his clients. The soldiers appli-
cation must be heard its merits without preitl-
dice on account Of the disreputabe character OF his
agent; and the Department must consider all cases
filed Tor pensions as properly filed and the appli-
cant worthy and deserving, until by proof the con-
trary is shown. While all the presumption must
be that the applicant IS honest and files what he
believes s honest and Just claim; he is required
10 prove his claim TO the satisfaction OF the Pension
Office. He l. submitted to a careful examination
and all his witnesses, if his case is not supported
by record evidence satisfactory to the office are
cross-exarnned and every effort made 10 arrive at
the truth.
THE SOLDIERS THEMSELVES NOT AT FAULT.
/ have doubt that many persons have been
stimulated TO apply for pensions by Ehystering
attorneys; but it docs not necessarily follow that
the applicant does not consider that he Is entitled
to pension IL h quite apparent to AL thinking
men that the effects OF the rigors of war will be
more apparent TO the soldier as he grows older
and in some instances he viii mistake the decline
OF years for the effects of service rendered his
country; but If he does lie will not be fraudulent
applicant, if ii shall be found by the proper
officials that he Is not entitled TO pension A fail
ure to secure evidence may defeat meritorious
case. You call my attention 10 the report of the
Second Auditor concerning the attempted frauds
on the Government IN matters of bounty and back
pay do not profess to be qualified 10 mass i,Idp-
nlent the statements therein made, for that has
no relation 10 any portion Of the public service
that has fallen under my attention. II by reference
10 this report you intend to suggest that the like
proportion OF applications for pensions are also
fraudulent, must e allowed to doubt the correct
ness OF the proposllon- IL Is undoubtedly true
| that larger percentage of applications for pen
| sons made within the last three years have been
! disaliowed than OF those made before that time,
but il must not be assumed that such dsallowance
! Is because they are fraudulent The lapse of time
death OF comrades, &c. has made it very difficult
10 evidence. in hundreds of such cases il il
| not doubted that the applicant believes he is en-
! titled 10 pension. He fails 10 make his proof 70
the satisfaction of the office, and his application is
| rejected. A careful examination of the pensions
allowed heretofore has failed TO show any consider
able number OF fraudulent pensions and am OF
the opinion that not one-half Of one per cent al
lowed were wrongfully allowed II cannot be said
that even that percentage was fraudulent for this
includes all granted insufficient or improper
testimony. well as where fraud was practiced on
the Department.
understand from your communication that Il "a
the purpose of the District Attorney not only te
punish the parties guilty of fraud The applicant
but also those guilty Of attempting practice fraud
on the Government, and therefore / Will order the
Commissioner 10 detail some person satisfactory
TO you, or the District Attorney, either on the
designation of yourself or the District Attorney
and can assure you that all the means lawfully al
the command OF the Department viii be placed al
your disposal TO punish offenders, whether guilty
| Of attempting to defraud the Government or the
applicants for pensions. Very respectfully,
tsignedl n. n. TELLER,
Secretary.