The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1889-10-19
NOBLE SCORES '[R.
The Secretary Makes Public a Little
Matter to the Commissioner.
Last July.
The History of the Trouble Which
Finally Resulted in Tan
ner's Resignation.
The Question OF Authority, the surplus and
the Rerating of ONCE Employees
Forcibly Presented.

| first letter To Commissioner Tanner on the
subject of the re-rating of pensions is made
public tonight. Ii is dated July y. The
secretary acknowledges the receipt Of Tan
ner's letter of July q, marked unofficial,
but which he could not receive as anything
but an official paper, raising as il did the
question of authority between the commits
sioner and the secretary and asserting that
| Of the commissioner Ia be superior. "As TO
the matter discussed, your position IN your
own language" says the secretary, lis that
while the secretary of the interior has the
power 10 reverse a decision Of the commits
sioner Of pensions on an appeal by a claim
| ant against whom the commissioner
| has decided on the other hand, II for any
| reason il be held that the claimant had been
granted too much pension, the commits
sioner himself is the only.persen who has the
power 10 call halt and reduce the pension
The commissioner is laboring under great
| misapprehension. The secretary has the
control 10 correct any abuses in the bu-
reau of pensions. or any other bureau in the
department" The secretary in support of
his position quotes copiously from the re
yised statutes, and adds, ut will not do to
say that the secretary Inay not interfere and
stop by his power the issuance
of any orders obviously illegal and ar
bitrary. He is solely responsible for the
commissioner and is bound 10 see that the
law is enforced; that the public treasury is
not unlawfully invaded, and that one citi-
zen entitled TO right, whether of pension
or land, or anything else, is not unduly pre-
ferred, either in time Of hearing or allow
ance of money. The secretary takes up the
rerating cases, which, he says, seems to be
largely mere increases of pensions allowed
| l.t..t i..Iu ~ ha dat. of tb. ax
amining surgeons certificate, establishing
the same under a pending claim for in
crease. In fact, he says, the commissioner
himself acknowledged them be cases of in
crease of pensions. The secretary con-
tinues: 1.-The cases referred 10 were ten in
number; in each of these the claimant was
an omploye in the pension bureau, receiving
salary sufficient for his comfortable SUBJ
sistence, and at his work daily. They were
associated together; most of them had been
| in their places under former administra-
tions; but they did not then prefer their
claims; they took them soon after the adj
vent of the present administration. There
was no reason under the existing
rules that their cases should he made special
or rushed through in advance of all others
On the contrary, there Wi, then, and had
been for some years. n pr.nted rule in full
force that no cases should he made special
except in case of destituiun or when the
applicant was at the point of death: yet
these cgses were all hurried through by
your order. while hundreds of thousands Of
other persons throughout the land were
awaiting an allowance for the first time of
the bounty the government promised them.
These other pension claimants were, many
of them, supported by no such salaries
as these particular men were receiving,
and the association together of these men,
whereby this preference seemed to have
been secured, and subsequent allowances
obtained. is in itself fact that their pur-
pose was Ia imp Sc upon the commissioner.
The further fact in each case is that the in
crease was allowed prior 10 the surgeons
certificate in the pending claim, and that
the sums allowed aggregate over $1,000
Neither you nor ! can afford to act upon
personal considerations in matter Of this
, magnitude. We are each bound by law in
all things. and il is our duty TO take the
law as We find il, 10 fully exercise that
power given 10 either of us, and abstain
from an abuse of il 10 any degree what
ever"
The secretary refers TO the duties of
board of review and SAYS il
is well known rule that
J the department will uniformly refuse TO
disturb an adjudication Of the claims by n
former administration, except upon the
most conclusive evidence that "A wrong had
been committed. When the question ar TO
the propriety of giving ratings il one of
Judgment, merely depending upon the
weight of evidence the department will not
allow an opinion of yesterday; and further
more, old cases will not be reopened, recon-
Ridered nor readiusted except upon the
presentation of new material evidence,
tending to show the existence of palpable
error or mistake. The department does not
entertain the least objection TO an increase
of pension, the increase 10 commence
under pending claim. as the law directs,
and upon evidence to support IL. The sec
retary then reviews at considerable length
to the cases of three of the pension office
employees whose pensions were rerated and
concludes that the re-rating was illegal and
unwarranted. He adds: II will not go into
| the other cases. They ARE before you.
have said enough, think, 10 show that the
secretary may and will call halt until
these cases can be more carefully exam
ined. notice you say in your letter tnat
you have such regard for your official and
personal reputation that you will not per-
NIT these cases TO remain as they are but
will order each of the claimants for medi-
cal examination before men whose work up
on the medical points will be unchallenged.
The stated question is not what may yet and
hereafter be found out about these men;
the question is what should have been done
upon their record as IL stood when the
|
government il strong and great and has at
its command n surplus such as no other M
tion ever had: but if the sums OF money
20 the amount above mentioned may be
granted without any further consideration
Of fact or law than seems TO hnve been
given IN these eases, II will depend solely
upon pension officers disposition whether
the resources Of the government shall be
sufficient for its maintenance or not. There
are more than enough applications nready
filed and increasing daily 10 exhaust the
surplus Of which so much has been said in
connection with this matter. and ana in
formed applications for re-ratings are
greatly on the increase, aud now reach the
amount of from 1900 10 500 week..
The secretary further says he intends to
have all those Gases examined. and has or
dered m investigation of the pension
office. Pending the report of the investign-
ting board he will issue no further order,
but expresses his belief in his determina-