The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1889-10-23
Mr.. TANNER TALKS BACK.
HAS NOT BEEN FAIRLY TREATED.
His Action Has Been DIisconstrued and
the Secretary of the Interiors Mind
Poisoned Against Him by Gen. Bus
sey-Ths Committees Report.


WASHINGTON, Oct 20.-In an interview yes
terday relative to the subject matter of Secy.
Mobiles letter of July "a to him. Commissioner
Tanner made the following statement:
81 have only seen the published letter as it
appears in the Post of this city, and / object to
the construction conveyed in the headlines to
the effect that defed Secy. Noble on the sub
ject of re-rating, or on the question of domi-
nant authority in the administration Of
the pension bureau. / did submit TO
him in an unofficial letter a question
which arose in my mind as to the power toput
TO the test pension which might be under
suspicion of having been granted in excess
rested in the hands OF the secretary or of the
commissioner, and quoted to him the section
Of the revised statutes which had raised that
question in my mind; but in submitting that
question to the secretary for his decision, did
it in the most courteous and respectful manner
of which l was capable. In order that there
may be no further misconception of my action,
Iquote my letter in full:
DEPARTMENT OF THE ISTERIoR,)
BUREAU or PENSIONS,
"WAsHINGTOS, ID. C., July II, 1889.
Unofficial
"To the Honorable Secretary Of the Interior;
"MY DEAR SIR-In con tnuaace of the conversation
had in the interview solicited day before yesterday,
desire to say 10 yOu-and put 1t before you as an
evidence Of my absolute good faith in this
matter-that, upon looking into the law bear
ing upon the duties and powers OF the
commissioner OF pensions. find that which con-
fess surprises me- viz: That am capable oil prop
erly constructing the plain letter OF the law, while
the secretary of the int FOr has the TO eTe
the decision OF the commissioner Of pensions on ap-
peal by claimant against whom the commissioner
has decided, the other hand for any reason, IL
be held that the clsmant has been granted too much
pension, the commissioner himself is the only per-
son who has the power TO call halt and reduce the
pension.
81 confess it strikes me as manifest incongruity.
1t should be Temedied at the next session OF congress
and call your attention to il for the purpose OF
dealing with the ten OF claimants who hold po-
sitions IN this Office whose claims have been subject
oil consultation between u.s. The law refer 10, you
viii find follows:
Sec. S-That secs. Am, 4,772 and 4.77s of
the revised statutes Of the United States providing
for biennial examinations of pensioners hereby
repealed provided that the commissioner Of pen
siOns shall have the power heretofore TO order
special examinations whenever, in his judgment,
the same be necessary and to increase or reduce
the pension according right and Justice bat in no
case shall pension be withdrawn or reduced except
upon notice TO the pensioner and hearing upon
sworn testimony, except 10 the certificate OF the
examining surgeon. Approved June 21, 1879
II desire to say right here that if you will turn to
the section named-and hope you will will ac-
cept your construction OF the statute rs Loyalty as
would the official opinion OF the attorney general OF
tue clAtfS. II YOU nOlQ lndJ nave Itdu tAc
law correctly. want TO say to you that have such
regard for my Official and personal reputation aud
the reputation OF this bureau that shall not permit
those eases 10 remain as they are at present. but snail
order each one Of the claimants for medical
examination before men whose word upon
medical points will be unchallenged when stated and
shall stop at nothing which shall keep all the taint
Of suspicion from the action Of this office. have al
ready had all other cases Of persons connected with
this Office, which have been acted upon since took
charge OF it. reviewed by three men Of long expert
ence in pension matters, which three men were Sc
ected by the chief clerk and the chief Of the board OF
review ana they report that out OF twenty-our cases
one case is brOadyopen 10 suspicion and two ason-
ably You rest assured that these three cases
will be prObed to the bottom.
81 do not propose, in any event. 10 have an honor
able lifetime smirched in the slightest degree at
this period Of my existencei and where may find
well-fOunded reasons for believing that have been
imposed upon and misled, shall be quick TO recon-
mend the condemnation merited oy the parties con-
cerned.
81 simply desire to add, furthermore that since
interview night before last have made COM
parison of action in these cases with that taken by
my predecessor in a similar class of cases and find
that the comparison is entirely favorable to the
present administration.
al shall be happy to lay these cases before you at
truly yours, JAMES Tanner"
'The honorable secretary in his letter lays
great stress upon sec. 1881 OF the revised
statutes in connection with the question of
rerating, which section reads: That except in
cases OF permanent, specific disability, no in
crease OF pension snail De allowed 10 commence
prior to the date of the examining surgeons
certificate, and establishing the same, made
under the pending claim for increase
"It is proper that l should state that when
took the office as commissioner i found that
on the question of re-rating the office was and
had been since March %, 1886, operating in ac-
cordance with decision rendered on that date
by the Hon. George A. jerks, then assistant
secretary of the interior. In the case of
Charles A. Watson, OF the First regiment of
Vermont infantry, Mr.. Jenks whose ability as
a lawyer will be questioned by no well in
formed man, in broad terms declares that If in
any case adjudicated under the act of March 3,
1879, the arrears of pension were not graded
according to the pensioners disability. neither
sec. 4,69S13, nor any other provision OF the
law prohibits re-adiudicatiOn of the case
''The claimants contention was in part for
pension account of sun-stroke, but he made
no claim for that disability until fifteen years
after his discharge. Mr. jerks states that while
the presumption from the fact that he made no
claim for pension on account OF disability from
sun-stroke until fifteen years after his discharge,
is not in favor of the view that the disability
was great still he holds that he should have op-
portunity to show the extent of his disability dur
ing that period since his discharge, and he adds:
If the evidence should show that for any portion
of the time since his discharge he has been dis
abled in degree greater than for which he was
pensioned the pension for that period should
of disability
''The legal contention leave to those emf
nent gentlemen, Secy. Noble and the late Asst
Secy. jerks. Mr.. jerks ruling was law through
the department until il was revoked, and
must say that, in so far as it permits man who
has been disabled in the service of the country
to prove that disability and receive the COM
pensation which the law provides, l am in
hearty accord with it. If Secy. Noble sees fit
TO construe statutes so as to make them less lib
erai to the soldier than did his eminent demo-
cratic predecessor the responsibility must rest
with HIM, and am not willing that while so
doing he shall unchallenged arraign me as op-
Grating without reason and beyond the pale Of
the law.
Various statements have been published
over the country about the vast number Of
claims OF employees of the pension Office
which have been acted upon during my in
cumbency of the commissionership. The fact
is that there were but thrty-three of them all
told. / have been informed that there are
nearly seven hundred soldiers employed in the
pension Office, so the public can judge as well
as / how much foundation there is regarding
the point of numbers, for the criti-
cism passed upon the Office in that
respect. Suffice il to say, that
these four gentlemen, men of long experience
in the Office, and of acknowledged character
and capacity, in their report to me on the
tweaty-four cases, broadly impeached the cor
rectness OF action in one case, whereupon
Immediately called for the papers in the case,
and finding that the certifcate had not yet
been issued, / cancelled all proceedings taken
in the case. But il happened that this case,
upon investigation, proved to be the case OF q
resident of Baltimore, who was not an employe
of the pension Office.