The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1889-10-19

Noblp's fret letter RIO OCOMhlSsloheI 4Au'
per upon the subject oIre'ratIng OF Pen
sons:
DEPARTMENT OF THR INTERIOR, |
WAsnlAoToN, d, O., July "a, 1880, J
M, Coaalmionr Of P0IiORS'
sR:-I have heretofore acknowledged
yopIs oi the llthinstant, marked "Unot'
3cnI but which, owing 10 the very I'M,
norlant matters therein discussed, ]
loulI not IeceiynOs such, and, therefore,
scknowlydge AZ an official paper,
Tbe paper was official In the highest
sonse Of ihe term, Taislnga question OF
authority as between the Commissioner
and The Secretary, and asserting that Of
the Commissioner to be superior as to
tbe matter discussed.
Your position in your own language
IA hthat "whilo the Secretary Of the Int.
mr. has the power to reverse thu deCis.
i'm Of the Commissioner OF Pensions on
apppal by q claimant, against whom the
Commissioner has decided, on the
other hand, II, for any reason, II be held
lint the claimant has been granted Too
much pspsiOa, tho Commissioner himself
IA the only penon who has the power
Ia call d halt aud reduce the pension" "
This is vOur own statement, You base
tnIs conclusion on section 8, act Of June
Al 1870, which rCads as follows:
THAT sections 4,77l, 4,772 and 4,773 Of
ibe Rpyised Statutes Ofthe United States,
U,ovidiny for biennial examinations Of
rrnsionprsareh hereby repealed; Provided,
'Tbat the Commissioner OF Pensions stall
hive the same power as Heretofore to
order special examinations whenever,
in his Judgment, the same may be
necessary and to increase or reduce pen.
sions according to right and Justice but
inno casr shall u pension he withdrawn
or Orrtduced except unon notice to the
pensioner and u hearing upon sworn
Testimony, except rs TO the certificate Of
tho examining surgeon"
II would be, US you express II, "a
manifest inConginilN II the Secretary,
WHO il responsible for your bureau, had
no power 10 correct obvious abuses, or
even call halt, and that II his inferior
officer did not act, nothing could be
done. You remark yourself, "this in.
congruity should be renedied at the
next session Of Congress.
The Commissioners laboring under q
great miIapprehension as to his relations
10 the Secretary in his business. Con.
Vrpss has not committed this inCongru-
ity, and It will not DO necessary for It to
remedy anything that now exists. The
Secretary liza the control to correct any
abuses in tho Bureau OF Pensions or any
other bureau In the Department. ]
might assert my conclusions on so plain
and well settled question and so leave
il, but a due confederation for your office
leads me to explain theg ground on which
this long established rule rests.
The Secretary, In support Of his posi-
tiOn, quotes sections 1877, lOl, AL, 40
aud All Of the Revised Statutes and de-
Clares tint the Commissioner Of Pensions
has no more power in the section quoted
in Commissioner Tannur's letter than he
had previously under the direction OF
tlle Secretary Of the Interior, who Is
charged by law with the supervision OF
public business relating 10 pensions.
II will not do TO say, he remarks, that
the secretary may notinLertere and stop
by lis own power the execution Of any
orders obviously illegal and ARBITRARY.
lit were attempted by a Commission.
or Of Pensions in other than cases OF
permanent specific disabilities toinCrease
pensions, aud 10 allow the accumulated
increase often or fifteen years TO be paid
over At snce, aud in gross sum 10 the
applicant, 1t would not do to Say that the
secretary could not only refer this back
to the commissioner with a word OF
advice and call his attention to the law
and take no steps either TO recover the
money titus improperly paid out, or cor.
rect the evil thus attempted TO be done,
that he could not even call halt,
The Secretary then takes up the IRE.
rating casCs, which, he says seem to be
largely more increases Of pensions allow.
cd for iOrg periods prior to the date Of
the txdmidlng surgeons certificate, PB.
tabishing the same under the pending
claim for increase. In fact, be Gays, the
Commissioner himself acknowledged
thcm to be Casps Of increase otpensiOns,
These cases referred to were ten In mum.
ber In each one Of these the claimant
was All eniploye, or clerk, in the
Pension Bureau, receiving salary suili'
Cient for his comfortable subsistence,
and at his work daily. They we're as.
sOCiated together; most Of them had
been In tlieir places under the former
administration, Butthey did not prefer
their claims; they made them soon after
Tue advent Of the present administers
tlOn. -
There wNs-no reason under the exist
inyn;les that their cases should be made
special " rushed through In advance Of
all others. On the contrary, there was
then and had been for many years a
printed rule in iull force that no cases
should bU nadespecial except 10 cases oi
d,slilutinn, or when tbR applicant was
at the point OF death. Yet these cares
were all hurried through by your order
while hundreds OF thousands Of other
pensioners were awaiting throughout
the land the allowance for the afst time
oil thU bounty tue Government bad
promised them.
The further fact In each case is that
the iucIeaSe was allowed prior 70 The
surgeons certificate In the pending
ClAiln, and that the Bllus allowed aggre'
gatC over $4,000. Its In regard 70 slCl
Cilss aS these that you have thought tht
Commissioner alone eau call halt, ant
In regard to which the Secretary think
otherwise, aud proposes 10 call hal
lOng enough, at least, for inspection,
do not say u word or entertain thl
least 0hlrutlOn to au Increase pt pension
lhU Increase 10 cOinmBiite under ~
pending claim "a the law directs anC
upon evidence tU support IL Nor do
complain oI these very pensionVEl whom
have mentioned having an increase o
pension, 10 commence 40 the law directs
upon proof and 10 bp considered " hul
course aud With q proper regard 10 thu
ilghl TO DO heard belonging for ihl
Thousands ui other claimants ioF pen
tipnA Who do not happen 70 DO employee
IN the EpnSlon Dufuau,
The StclEtaty then cites al lengll
several casts oi re.ratlng contrary 10 Law
and continues, II may 10 that this Gov
eminent Ia strong aud great and has a
inCominand surplus That 30 other Na
noh has ever had, but II sums ol mono.
Wlhe amounts above mentioned ma
w granted without any further Uonald
eAilon VI fact or law than seems I