The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1889-10-25
NOBLE TO TANNER,
Letter From the Secretary Of the
Interior to the Commissioner Of
Pensions.
His Method Of Rerating Pensions
Shown to Be a Disregard Of
the Law.

WASHINGTON, speoial.-The following 4.
the substance OF Secretary Mobiles first letter
to Commissioner Tanner upon the subject Of
re-rating Of pensions, dated July "a:
] have heretofore acknowledged yours Of the
to the very important matters therein dis:
cnssed. I could not receive - such aud
therefore ma acknowledEed IL g an efcisl ,sl
sense ns Of sss ef Ma. r.sSs
Of authority AZ between the commissioner and
the secretary and asserting that q the co4,mts-
dutss ioasa ms s%as to sss
question raised by your letter adj will
in your own Language. Is that while III sec1e.
tary Of the interior has the power to ybrse the
decision Of the commissioner Of pensiol, on ap-
sioner has decided, on the other hand, j, for any
reason. 1t be held that the claimant 1as been
granted too much pension the comthisstoner
call halt and reduce the pension" T9is is your
own You base ths cGneln.ioa on
follows:
Revised Statutes Of the United States providing
for biennial examinations Of pensioners. are
hereby repealed: Provided: That the commits.
sioner Of pensions shall have the same power ~
heretofore to order special examinations when
ever. In his judgment. the same may be neces-
| ing to right and Justice; but in no case shall a
pension be withdrawn or reduced except upon
notice TO tho pensioner and hearing upon
sworn testimony, except as to the Certificate OF
the examining surgeons.
WHO Is RESPO ONSIDLE?
The power granted tho commissioner OF PEN
than heretofore. and 1t IL to increase or reduce
pensions according TO right gnd Justice. 1t
would Pc a. you express T. manifest incGn m
your bureau, had no power 70 correct obvious
abuses. or even call halt, and that II his infe-
rior officer did not act nothing could be done.
You remark yourself, this inconRruity should
] Be remedied at the next session OF congress-
The commissioner 10 laborine under great mis-
apprehension ~ to his relations to tine secretary
u this business Congress has not committed
this tncongruity, and 1t will not be necessary
~ 1t to remedy anything that now exists. Tho
eeo1etarv has the control to correct any abuses
p the bureau OF pensions or any other bureau In
tAe department. might assert my conclusions
% SO plain and well sottledin question and 30
leave 1t. but a due consideration for your Office
leads me to explain the ground on which this
| long established rue rests!
The secretary. In SUPPORT Of his position,
quotes sections 437, J61, 47O ard All, OF
the Revised Statutes, aGd declares that the
commissioner of pensions hus no more power
in the section quoted n Commissioner Tan.
ner's letter than te hl ID previously under the
direction of the secre iary of the interior, who
ia charged by law with the supervision Of
public business relating to pensions.
THE sECREI IrARY's RIGHTA
It will not do to sayk he remarks, that the sec
retary may not interfere and stop by hts oTn "
illegal aud arbitrary II 1t were attempted by .
commissioner Of pellsions, IN other than cases OF
e so
ten or hfteen years. ITO be paid over at once and
in a gross sum to the applicant. it would not d
| to say that the scbretary could only refer thts
| back to tho commi ssioner with word Of advice,
| and call his attettion to the law and take nj
| steps either to retkover the money thus improp
erly paid out or cbrrect the evil thus attempted
| to be done, thatI he could not even call q halt
the s comnissionJr: is bound to 81 SEQ that the law
ssat one rs n
to u right. whether Of pension or land or any
thing else. is Inot unduy preferred, either II
time OF hearing or allowance OF money.
The secretary lays down the proposition
that he haf the same jurisdiction over tn,
commissioner OF pensions as over otbe
length in support of it, and says that the su
pre;me court decisions sustain him. The sec
retary then takes up the sre-rating" cases
crjeases Oi pensions allowed for long period
Certificate establishing the same under the
I,ending claim for increase; in fact, he says
the commissioner himself acknowledged
them to be cases OF
y INCREASE OF PENSIONS
These cases referred to were ten in number
I ploye. clerk or other In the pension bureau. re-
i cevnR salary sufficient for his comfortable sub.
| sistnnce, and ut his work daily. They were as
| sociated tORei her: most of them had been In
their places under the former administration
| But they did not prefer their claims; they made
them soon after the advent Of The present i'd
existing rules that their cases should be made
| special or rushed through In advance Of all 9TH
| ers On the contrary. there was then and had
/ been for some wears printed rule In full force
that no cases should be made special except in
cases OF destitution or when the applicant was
| at the point Of death The cases were
while hundreds Of thousands Of other pension:
| ers were awaiting throughout the land the al
| lowanre for the first time Of the bounty the
| government has promised them. These other
| pension claimants werr, many OF them, sup
ported by no such salaries ss these particular
men were receiving. and the association to-
time seemed to have been secured and the sub.
| sGQuent allowances obtained Is In itself q fact
| that their purpose was to impose upon the COM
| missioner. The further fact in each case Is that
| certificate In tho pending claim. and that the
sums allowed aRRreRate over $4,000. It n in
! regard to such cases al these that you have
| thought the commissioner alone can call halt
| and In regard to which
THE SECRETARY THINKS OTHERWISE.
| and proposes to call halt long enough at least
| for inspection. do not repel the expression on
| your part that you would accept my c0nstruc-
you would the official opinion Of the attorney
| general But neither you nor can AFFORD to act
| upon personal considerations in matters Of this
magnitude. We are each bound by law In all
| things. great and small, and 1t is our duty to
take the law IS we find it: to fully exercise that
power given to either Of US and abstain from
. L. L,.-n 80 - tk,ka n.,.
| loyalty is due alone to the government Of The
United States and the people who support it.
Lest the commissioner may deem the sec
retary is influenced ~ q desire to magnify
his office, Mr.. Noble says that he has brought
to his assistance the services Of others in the
department, and that the opinion of the as
sistant attorney general Of the department
agrees In the con nclusions reached by the Sec
retnry. The secretary then says that there
is q board OF review in the department
which assists him in the decisions Of pension
cases taken up on appeal. These decisions
| are the law Of the department until reversed
| or annulled by some authorlty higher than
| the secretary, and no one has ever main
tanned to the contrary.
ADJUDICATION OF CLAIMS
In these decisions 1t has been announced
manv times. and 4 ts the established and well
known rule that the department will uniformly
refuse to disturb an adjudication Of clsims by q
| former administration, except upon the most
| conclusive evidence that an error has been com
| mitted. When question rs to the proprtety OF
| a given rating IL one Of judgment merely, de.
pending upon tho weight OF evidence, It viii not
| opinion Of yesterday. But where the incorrect
| ness Of the former action ia 30 manifest upon 4
| review Of the evidence that is not q matter OF
| dispute. the department will not refuse to do
Justice because the error is Of long standing and
has been sanctioned by subsequent action
| opened. reconsidered nor readjusted except
| upon presentation Of new and material evidence
| tending to show the existence Of q
| palpable error or mistake, and which therefore
| sends to change the real status OF the claimant
before the department. Such old cases are
| to be distinctly observed that am now speak
| ing Of cases only where there have Oeen allow
| apccs of sums arising from the increase OF PEN
| sion back for periods greater or less. prior to
| the date OF the surgeons certificate under the
1 pending claim do not say wo:d or enter
| sion. the increase to commence under the pend
| ing claim as the law directs. and upon evidence
| to support 1t. Nor do l complain OF these very
l pensioners whom ] have mentioned having an
| Increase OF pension, to commence as the law d.
| rects. upon proof and to be considered In due
course and with proper regard TO M me m right Ito 10
claimants for pensions. who do not happen to b<
/ employees In the pension bureau.
ARBITRARILY INCREASED.
Tho secretary cites Two Of tho cases Of re.
rating, and comes to the conclusion that the
whole proceeding looks like an arbitrary in
crease of pension. to take effect from ,
long anterior date. and 10 have been agains