Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1889-10-02

AZ iseaat secretary B.sssy's pscsssoos

IL y sai1 dat the soount paid ~ The 9oy
efnnest - sccount II penaS1os s0oants 70
pessiy ninssy nilIIsns Of dollars Il IL . vast
sum snd the mar nsS Of tfs dissFibution 10 the
soufcs Of much comment in The public pfess
There comments - . rule chow NOT only
. dxnss ignossnee Of Tie Ass, bet . Feekl~ss
disregard for the truth. do nos expect the
MEsvamp psess to state anything relating .
pensions correctly. Such . course you'll De
contrary 70 sbe nature Of the ssimals. Their
hatred Of the soldiers 10 too intense 10 admit
thsf they are entitled TO any Consideration
therefore do not expect any fair tressms nt
from them. II 10 in regard to the Democratic
press that am surprised. for - . rule. and
sith few excep<ions,i IL has treated the ex-so,-
iiess fairly.
OF late there seems to be IN attempt on
the par. Of the democratic papers to beIiuIe
The present management Of the Pension Blu
resn, and TO euIogixe Gen. Black. cieve
lands commissioner,
Nos, il ought not make any difference a.
20 which party the commissioner may hap
pen 10 belong. ~ he il only Al administrative
of1eer, and has no powers except those
granted by the Statutes. n the lag grants
any individual q pension, it 10 the duty Of
the commissioner TO issue him eestifcAie
upon due proof Of eligibility. wnhou, SUI b
yrsof the commissioner has no authority to
issue the eertih ate. such is the fact and
the idea that the commissioner can pension
any one be sees ff 70 erroneous
When any individual has furnished proofs
70 the Pension Bureau that he or she 10 emit
lied TO 8 pension. the commissioner must u
sae the certificate. To withhold il would be
plain violation Of his ofhcisi duty.
The first statute that vas enacted in re
ati, n to pensions was approve May s, 1892.
and 10 embodied In Section 1859. X. s. L. )
Il reads As follows: If any person, whether
Officer or sol Tier belonging to the militia OF
"any State and called out into the service Of
the Unit States, be wounded or disabled
while in actual service he shall be taken Of
and provided for at the pu' expense"
This act If May 8 1872, was the founds-
ton Of our pension laws and the spiri
evlnced In this act has prevailed through
them al down to the present day.
As to the several classes Of pensions |
will take up that is known as service pen
sions These are defined to be "a reward
for service" merely, and are granted the
came a. bounty land. without any regard ss
To the physical condition Of the beneficiary
Service pensions have been granted to
the soldiers engaged in all the wars that oc-
CURED prior to March 4, 1861 some Indian
wars excepted
Invalid pension is defined As. "a payment
.sor the loss Of physical ability, wholly or in
par, TO earn livelihood by manual labor"
As the criticisms Of the press seem to be
| directed entirely against this class | will
de vote this article to their consid, ration.
With few exceptions the invalid pensions
are now paid on account Of the Rebellion and
are granted by Sections 1862 and 1893 X. s.
US
In order to be eligible to an invalid pen
sion the claimant must prove that he has
been ''disahl d by reason of any wound or
"lniury received, or disease contracted, while
| "in the service Of the United States, and in
"the line Of duty"
These are all the conditions imposed,
Therefore 1t is all that the Commissioner can
set up IN bar to title to pension under those
sections.
Section 4724 X. S. U. s. provides: that
No person in the Army, Navy or Marine
Corps shall draw both pensi' n as an in-
valid and the pay of his rank or station in
''the service.
The principal point Of attack just now is
directed against Asst Sec'y Bussey's decision
in the Kaufman case. wherein he reversed
the opinion of Asst Sec'y Hawkins in the
same case and decided that ''dshonora able
discharge was not . bar TO pension for dis
abilities contracted in the war of the Rebel
lion"
In criticizing this opinion Of Asst Secy
Busseys, it has been affirmed that il admitted
bounty jumpers and deserters to the benefits
of the pension laws
have noticed that ex Gov. Plaisted of the
New Age has allowed statements to that
effect to appear in the editorial columns of
his excellent paper.
Now. Gen. Plaisted is good lawyer, | can
say that he is an eminent one, and distin
guished in the profession; and he must know
that all pensions are granted by operation Of
the laws, and not by department rulings. II
Gov. Plasted wound take the time to read A 1t
Sec'y Bussey's opinion in the Kaufman case
he would see at once that instead of admit
ting "deserters and bounty Jumpers to the
pension rolls he distinctiy and en,phaficaiy
den,es her eligibility By reason Of Section
f72f, X. s.
Di,honorable discharge was not held to be
a bar to pension prior to Sept. 1, 1885 | re-
fer To invalid PENSIONS. In an opinion rem
dered by Hon Joseph Holt, Judge Advocate
General of the United States, in lt6s, Gen
Holt says.
ION the subject, it is held not to be essentia
ito entitle a person to = military pension tina,
"he should have received an honorable dis
charge as \ soldier. The pension is granted
ION account Of disability incurred by the
party IN the hne of duty, while in the mill.
"tary service, wholly irrespe ctive of the cir
"cumstances. whether honorable or dishonor
able, under which he may subsequently,
have become separated from the army y
See Digest of Opinions of Judge Advocate
Gen. Sec. 1913, 43, page $40.
Sec. Delano in an opinion rendered June
., 1875. in the case of Jane Conroy adopted
the same view, and the practice of the pension
office was in accord Herewith until Gen.
Black assumed the authority to reverse it,
In reversing the former action Of the of
fee in such cases, Gen. Black claimed that
Congress did mot iatend that any dishonor-
able soldier should be pensioned. He &C
know lodged the fact that dishonorable dis.
charge was not made bar by the statutes,
but claimed that it was q easus omissus on
the part of Congress and that il was his duty
to supply it. In other words; he assumed
authority that the highest courts in our coun-
try and England have always declined to ex-
ercise. When Gen Black ruled that honor
able discharge was a prerequisite to title to
tnrai,d pension under Secs 1852 and 1898,
he virtually injected something into the
statutes that was not put there by Congress
II was plain exception which he bal no au
thority TO make.
IF the Legislature makes no exception.
the courts of justice can make none, As
that woHld be legislatng. Bank VS. Dali
ton, 2, Howard, l. s., 522.
The heads of the executive departments
are bound by the same rules as the court. :;
their authority is derived from the statutes
They must take the Law as it is written, and
administer it according to the letter No
one is better informed on that point than the
learned editor Of the Age, and that is the
reason why was surprised to see the state
ments alluded to, in this paper.
Secretary Bussey's opinion is q clear and
concise statement of the law, and his declin-
ing to assume authority that is not granted
by the statutes should be commended. II 10
not technical or blind in any statement or
position. 1t is good easy readln g and would.
if 'irculated through the papers open the
eyes Of the people as to the general cussed-
ness Of the Mugwuwp press in their treat
ment Of one of the brightest officers in the
Interior Department
In reference to Asst Sec'y Bussey's deci-
sions regarding 1.-THE line Of duty it ought
to be sufficient to say that his opinions have
been based upon. and are in complete &C.
cord with those of Hon. Caleb Cushing as
expressed in his letter addressed to Hon
Robert MeCleiIsnd, then Sec'y Of the 10