The morning news. [volume] (Savannah, Ga.) 1887-1900, 1889-10-21
tanner STILL ON DECK.
N MAKES PUBLIC THE INVEsTI-
CATION REPORT.


around That. it Was Correction of
., Error-Rerating Where There
Was No Error Inexcusable-Forty
Eioht Hour Cases Condemned-In-
concentration to Secretary Noble
Denied.
WASHINGTON Oct. 20.-Ex- commissioner
Tanner has made public the report of the
committee appointed to investigate his
office He says he is supposed to be the one
principally injured by the spreading of that
renort to the columns of the press, and
does not hesitate to spread it. The boards
,,,rrmary and its conclusion are as follows:
substantially the same principles or rules
80 in general been followed, so far as the
,,Tcati6n of any principle of action can be
dis,arnsi during the period Of eight months
Geonniug with December. 1888. covered by our
Investigation. .,,,
,oIie for the correction of a palpable error by
rsason of which manifest injustice has been
acme. such rule has not as matter of fact,
heen followed in any proper sense or Use of the
term ''palpable error" or manifest injustice,
t6a actiIal practice being rerating of pensions on
the Judgment of to-day against that OF years
ero when claims were deliberately and officially
adjudicated. =. ~
q The DracClCe OF rSTdbluR p6LSlOuS HI cases,
the napers in which do not disclose error in the
ORIGINAL or former adjudication which is patent
manifest and palpable, thus leaving as the real
basis for rerating mere opinion on the weight
of the evidence as now viewed, ana allowing
that opiniOn to annul and change former ad-
indication based on the same evidence, is vio-
1aye of the spirit if not the letter of the law
contained in section 1898. !, 2, Revised Statutes;
and even if this were not so, is inconsistent with
good practice aud contrary TO Well-eStaDASneu
rules of evidence.
4 The practice of taking cases out of their
order and making them forty eight hour cases,
that is directing that they be finally adJudicated
within forty-eght hours, is specially mischiev
ous in that it is apt to be construed as equiv
alent of an order TO allow, and because 1t may,
for want of sufficient time, prevent the dehb-
crate and proper consideration which the case
TO which it applies should have.
s. The decisions of the department are not
always followed by the pension office, as they
should be in points of law and practice. The
rule Of practice furnished by departmental
decision should be recognized and followed by
the pension office so long as it is not overruled
or modified by the authority which made it;
and the construction or Interpretation Of the
law by the department should be accepted by
the pension office as binding, and as applicable
not only in the case in which it is made, but in
all cases involving the same legal question.
As a result of the investigation the board has
made a number of recommendations, with q
view to the correction of errors which have
which are found to prevail in the pension
Office
INSTRUMENTATION DENIED.
In an interview with x-Commissioner
Tanner relative to Secretary Mobiles letter
of July "a, printed yesterday, the ex-com-
missioner repudiAtes the statement that he
was insubordinate to his chief, and declares
that he was at all times ready and willing
to carry out any policy that might be indi-
Gated by the secretary. In support of
this assertion, he furnishes the following
copy of letter sent by him to Secretary
Noble:
DEPT. OF TIRE INTERIOR,
BUREAU OF PENSIONS,
OFFICE COMMISSIONER.
WASHINGTON, D. O., Aug. 5, 1889.
Personally
GEN, John W. Noble, Interior Department,
Ny DEAR SIR-I believe that you and l are
fully actuated by motives which are imbedded
only in a desire for an honest and successful ad-
ministration of those official duties which are
confded TO our care. Somehow or other
we have drifted apart. deeply to
my regret, and / believe, to yours
believe the trouble has been too little personal
communication. / desire to say, am irresistibly
compelled to say, this morning, that whether
our official relations cover days, or months, or
Years, sincerely desire them to be relations oi
thorough understanding, confidence and Co
operation, and pledge myself unreservedly to
do everything that an officer ought to be asked
TO do to make them such, and to continue them,
NECESSITY OF OBEDIENCE ADMITTED.
Il repeat what l said to you once personally
We were both soldiers and l a soldier in the
ranks. | know how necessary it is that some
should command and others obey, in order tC
produce the best results. What desire of you,
az The head of this department, to whom my
allegiance as chief of a bureau in this depart
Ment is due, is, that you shall clearly indicate
the lines on which you desire this bureau
conducted; and then | beg of you, if, at
any time, it seems to you that any action of
inlne is not in accord wit h those lines, to send
.of me at ce and let me know how it looks
rom your standpoint. If at any time you find
rom that standpoint my operations are not In
!Ihe with your views of the administration OF
your great department. you will find that
Lecognlzlng that superior responsibility rests
upon you as secretary, my lines will be made to
conform with yours, as the greater response
nully Is yours. In other words we are broad
sdugeu men enough to call halt on all this
.llcCon, which is so irritating to men Of your
nature and mine.
ANXIOUS TO GAIN THE VOTE.
recognize that | sit in a position where ]
uaVe the opportunity of my life to serve our
f{olnrades and our country. l desire to serve
lueln and to the full extent the law permits
@ anu not one iota beyond desire to help you
make this branch of the administration 80 pop
I UIar with the veterans and patriotic people
tb b'or tne country at large that in the future
,ie tiefe can be no question where the support OF
'ns y, men who served and suffered will be given
si tiioNeVer you may Judge my acts, can hon
6sayy. 10y INSIST that my errors are errors of the
heart, and not of the head l never drew a
1h aoaeh mat was disloyal to my cour try, my
tt9ily' or my official superior. l do not propose
s ~ I1mencA now. In n ost cordial and unre
% oaV@el @ manner desire that you will point out 10
~ ;ne whatever of error there may be on my part
Iy ~ nly relations to this bureau. / honestly and
Sousclentlously called your attention to what
aVeiled to me to be legal question as to
t1Sun.norlty on certain lines, but you will do me
eno justice to bear in mind that in the next
sG5u.ence 9,5roc pledged myself that if you would
@ i've me your construction of the act quoted
r3,1 wouq accept that construction as Loyalty as
si nql u lne official opinion of the attorney gen
''al OF the United States
'. ACCEPTED MOBILES CONSTRUCTION
,u lou gave me that construction, declaring the
Ssj 3rlty In your hands, and, as meant what
fan fu ID my pledge, that closed the question al
tIos as was concerned, and there has been nc
cousuI IN my mind, at any time since yoU
as ,u'aunlcated your views, of raising any point
~ ~ mat authority.
ut you can give me credit for sincerity ir
w, statements. shall be glad to wait upon
Io,t al your convenience, day or night talk the
AMI d,9r .t over to such an extent as may suit you
l4ttaS1 S1on proceed to carry out, to the uttermosi
IoV9'' your views, as you may express them
' SH' very truly yours, JAMES TANNER.
THE LETTER NEVER ANSWERED.
Gu tIe ex-commissioner says: II make the
nsie comment that TO that letter | never
velVed an answer. IL was the close OF
uinunication between us. do not blame
snd s,IIary Noble unduly for the indignitie'
ra-. 49, ulscourtesies | suffered from the de.
noisoIgnt. .u4gnt. Gen. Bussey sat at bis elbow