, 1889-10-17
NOBLE VS.. TANNER.
A Statement Issued by the
Interior Department,
THE C0RPORAL'S ACT ILLEGAL
The Increase From Two to Four
Dollars Without Law or
Precedent.

WAsHISGToN, Oct. 16.--A statement
prepared in the interior department in
support of the action of Secretary Noble
in resembling Commissioner Tanners
order advancing pensions from So to $4
per month in certain cases, was given
out tonight. 1t calls attention to sec
tions 6i,60l-2 revised statutes, provid-
ing, except in cases of permanent specific
disabilities, that no increase of pension
be allowed to commence prior to the
date OF the examining surgeons certiti
cate, and enters at length into the con
sideration of the various degrees of dis
ability and reason for having allowed
the ~ pension.
II now, by order of the commission
UT, says the statement, "without regard
W examination, "a man rated at ~ is adj
yanced to S4 without the man who was
more disabled and had been rated at "a
being himself advanced, ii Is obvious
that injustice has been done TO the higher
graded man. IT, however, the allowance
was made after examination by surgeons.
everything has been done IN due order
and according to law. If the arbitrary
orders of the commissioner are basis
u must result that Il few are made favor
ties, and the great mass, who have to
depend upon medical examination, are
put ~ great disadvantage. Therefore it
Is decided that there Is no authority in
law for an order arbitrarily increasing "a
great mass OF pensions In the face of the
statute and which order is not extended
TO all cases."
quotations are then made from Tan.
her recent letter to Dalzell in which
TANNER says he issued the order with
= view to putting these 81 men up to at
ieast ~ or drop them oil the rolls, and
IN pursuance of which he said he or
uered them all for examination before
their home board. The statement saws.
ne order as made was arbitrary, un-
quaiihed and required an advance, with
out examination, to the amount speci-
lled, - per month. 1t did not propose
10 drop anyone, as the letter pretended
II did, and IL did not issue any order for
examination, as tho letter pretended. 1t
WAS an unauthorized, unqualified and
Illegal order Tor every pensioner to he
advanced to ~ who was receiving 50.
a slight consideration of this matter
will show that to give away Sti6 OCO a
fnonth OIL public money on such an order
as this would be but the beginning of "a
system by which millions could be ex-
pehded, uncontrolled by law, as it was
unauthorized by precedent. There
Woulu De no more harm in giving to
Senator Manderson $4,000 or more than
u would bo to give $4,000 men SOC, 900.
In either case it would be an unauthor-
ized distribution of public money and
the door OF the treasury might as well
be open to actual invasion as to have
such warrants drawn upon it to be
cashed without questioning.
IL is also obvious that such course as
TINS would not benefit the soldier ulti-
nhlatoly as II Is intended only to benefit
those who arc least disabled.
There is no expression, no disposi-
tion to prevent any deserving soldier
rom acquiring all the pension his dis
ability Is entitled to, either by original
application or application for increase.
All that is being done is to maintain that
the law Is to be Literally constructed,
but by no means disregarded, and to al
low. each in his turn, without partiality,
all he is entitled to-