The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1888-10-25

certificate and receiv. the pension 70 which he
would have been entitled had he not been re-
ciptent OF the favor from Congress-; and this
bcasted 'liberality" needs mandatory oct Of
Congress to compel hun to obey this law.
CASES OF ''1IBERALIrY.''
Another decision Of characteristic '''iberality''
IL found in ruling No. 18J OF September4, 1885,
In which General Black says: 1.-THE Commls-
sioner holds that man against whom the
pension. - "
Henry Klussman, company X, Tenth reRi-
ment, Ohio, was pensioned In 1853 and died.
His widow applied for q pension, and her ap-
plication was rejected on the ground that the
record showed the soldier to have been at one
time deserter, and the Adjutant-G General re-
fused to amend this record under the act OF
May II, 1885. After the charge Of desertion
was entered upon the company's rolls the SOL
der returned to his command, completed his
term of SERVICE and was honorably discharged.
This woman afterwards received her pension
but the ruling still remains. This ruling is in
disregard Of the oficial action OF the Depart
ment OF War. That department having hon
Orably discharged the soldier it is NO ne OF the
Commissioners business what military onenses
he may have previously committed. It is in
disregard of the decision Of the Supreme Court
| Of the United States.
That court, in the case OF the United States
! VS.. Kelly, Is Wallace, page "a, says: THAT the
honorable discharge OF the deserter was form.
al final Judgment passed by the Government
upon the entire military record OF the soldier,
and an authoritative declaration by it that he
| had left the service in status of honor"
Hence the court says: "Such q soldier does
not need any correction Of his service by the
Adjutant- General because his discharge
amounted OF itself to the removal of any charge
or impeachment in the way OF his receiving
bounty" and this ruling reverses the practice
OF his predecessors. who were accustomed to
obey the above decisions. But the present
| Commissioner Is wiser than the Supreme Court,
more powerful than the Secretary OF War, and
more ''liberal' than all his predecessors.
Another liberal decision was made in de-
Thomas Ferguson, company B, Ninety.flrst reg
iment, Indiana volunteers. A special act OF
Congress, approved May 6, 1879, directed the
Pension Bureau to restore to the pension roll
the name OF this soldier.
May %, 1873 Secretary Delano decided: Pen
| sioners under special acts are entitled to res
toration from date of suspension Of original
pension" and the uniform practice OF the Of
fee was in accordance with this decision be-
cause the word restore could have no other
sense; but in this case the Commissioner re-
stores him from the date OF the approval OF the
act and still withholds seven years pension to
which the soldier is entitled
CHANGES BY DEMOCRATIC L1BERAL1rY.
The National cemeteries, the numerous battle
fields OF war, and various unknown resting
places, hold remains of dead soldiers whose
names are inscribed only on fame's eternal roll
They sleep In unmarked graves their resting
place unknown to loving friends. In many
cases it Is impossible to prove the date or cause
Of the death Of the soldier. They were simply
reported as missing Perhaps the last known
OF them they were going into battle with their
comrades or they were languishing on hospital
BEDS or they were immured IN rebel prisons, or
they were lost sight OF in the hurried retreat
1t was the pra tice under the Republican ad-
ministration, and the Pension Office, that when
the presumptlons OF law as to the death OF q
soldier were fairly met the date OF death should
be fixed at the date of the disappearance rs
nearly as possible. Thus the common-law rule
that absence for seven years without ever being
heart OF was accepted as prima facie evidence
OF death, and the last date ut which the soldier
was seen or heard Of was accepted as that from
which the widow or dependent mother was en-
titled to receive her pension. but Democratic
''liberality" changes this rule.
In the case of Mary A. Brannan, widow OF
Conner Brannan. Company I, Nineteenth ILL
nols. Commissioner Black ordered that her pen
sion should begin seven years after the disap-
pearance OF her husband.
In another case, OF dependent mother whose
son was engaged in the battle OF Cold Harbor,
and at the end OF that engagement was missing
and has never since been heard of, the Commis-
sioner ordered that the pension should COM
mence on the 4th of June, 1871, seven years from
the date OF the battle, and only changed this
ruling upon direct order from the Secretary Of
the Interior.
A SPECIAL CASE OF IIBERAL1TY.
But ut last we do come to genuine specimen
OF General Blacks 'liberality" Section AHA
OF the Revised Statutes provides that declara-
| tons Of pension claims shall be made before 4
court of record. etc. Section Of the Mexican
Pension act provides that the pension laws now
in force, which are not inconsistent or in con-
f1ict with this act. are hereby made part OF this
act so far as they may be made applicable there
to: but, disregarding these plain provisions Of
law. General Black is issuing pension certificates
under the Mexican Service act, without any ap-
plication whatever from the beneficiary Hon.
William II Morrison, OF Illinois, who was a
gallant soldier In the Mexican and also in the
late war, had pension certificate issued to him.
which he refused to accept, because he had
never made any application for pension, did
not want it and would not receive it. Cap
tain George 4. Boss, OF Cincinnati. o.. also
received certificate OF pension under the
Mexican Pension act without ever making an
tppAICLIlOu IL. Iue same Is true OF the
widow OF Lieutenant William Demmett. How
many other cases there are like these can only
be told by the records Of the Pension Office.
Were 1t not that the Commissioner Of Pen
sions is noted for his fairness to political oppo
nents, and his comparative freedom from any
thing like partisanship, one might reasonably
conclude that this excessive liberality towards
the veterans Of the Mexican war was due to the
fact that they are largely from the South, and
consequently good Democrats.
vetOing Pension Bills.
During the first session OF the Forty-ninth
Congress President Cleveland vetoed more pen
sion bills than had all his predecessors since the
organization of the Government. This fact
alone stamps the unfriendly character OF this
administration and the party it represents. But
to break the force Of this fact two defenses are
alleged: O That Mr.. Clevelanl also signed
more pension bills than any one OF his prede-
cessors, and (s) that this exercise of his consti
tut1onal right shows an independence Of judg-
ment, courage to accept the responsibilities
OF his Office, and desire to arrest fraudulent
and unworthy claims, which should commend
him to the approval of honest and independent
voters.
These defenses might have some weight but
for the fact that these bills were all passed by
Democratic House Of Representatives upon the
representation OF Democratic Pension Com
mittee. What o set of scoundrels these Demo-
cratic Congressman must have been to consent
to these frauds!
Analysing the bills approved and those
vetoed, no one can discern any difference of
honesty or merit in the two classes on which to
base such insinuations. The reasons given in
many cases simply betray ignorance of the re-
spective provinces of Congress and the Pension
Bureau. Thus the bill to pension Mavilla Par
sons Is vetoed because there is mo pretext"
that she lis entitled under the general law"
and dozens Of others are vetoed upon this same
ground.
Now this is precisely the reason why Congress
should act, il the case IS a worthy one. To say
an act should not become a law because there is
no right under existing law, is to aver that
Congress shall create no new pension rights.
The President, instead of proposing to limit the
Pension Office by the will Of Congress, actually
proposes to limit Congress by the will of the
Pension ONCE.
Neither will the plea OF official duty avail.
CASES CITED.
The bill to pension Harriet WEIGH is vetoed,
Notwithstanding the President says: II believe
her case to be q Ditiable one and wish that T