The sun. [volume] (Morris, Stevens County, Minn.) 1882-1895, 1889-10-24

Il TepllOQ aO ONCE, SlRh1LyiuRs VI COuIhS.
my obedience to his peremptory order, and
totally repudiased all thought of insubordi-
nation, disobe6ience, or the slightest dispo-
sition to proceed in any insidious manner.
People who are not extremely nerv-
Gus will be able to judge whether. IL
I had desired 30 to proceed, would
voluntarily have reported in full to the sec
retary what was doing" or the work and
report of the COMMITTEES which Mr.. Tanner
makes public tonight Mr. Tanner says: "On
the Goth of July came notice to me OF the
fact that the committee oftnveshgation had
been constituted When they appeared day
or two afterward, / instructed the chief
clerk to place the office and all 1t contained
at their disposal If they desired IT. That ter
minated my association with the committee
of investigation right at the commencement
of its existence. had no word from them;
was not asked TO explain anything; l was
not offered the slightest opportunity to de-
fend any action had taken. 1t was
STAR CHAMBER PROCEEDING
to the uttermost degree. In fact, the only
information had about the result of Their
operations was when the honorable Becre-
tary himself one day, when I was in hi
Office, asked me II l knew what the com
mission said about the operations Of the pen
sion bureau. told him had not been
favored in that respect in the slightest Ge-
gree. He replied that they said that had
granted more pensions and paid out morr
money in the same time than my dstin-
guishcd predecessor did I replied that
hoped 20 God that charge was true on the
record, for l had plastered Indiana with
promises last fall that that should be the
fact if Gen. Harrison came into power q:
president / never saw the report of the
com rnittee Of investigation until the
afternoon of the day I resigned, when
l found it on the table in the Whit
House and was there told by The presidenr
and the secretary that the report contained
nothing which in the slightest degree re-
fiected upon my integrity or impeached the
honesty of my action as comlnission ner.
THE REPORT OF TIE COMMITTEE
appointed by Secretary Noble and which MIR.
Tanner gives to the press tonight is signed
by Messrs. Ewing, Campbell and Bruce, the
special board OF examiners" II presents a
tabulated statement, showing the total num-
Der of pension cases rerated from and inclu6-
ing December, 1888. to July, 1889. The
number of rerdtines for each of these
III OnLnS was as IOIlOWS:
December 81, January 1S9 February 237,
March 135. April 10 May 2l5, June 2l5, July
1874 substantial increase, the report SAYS.
from month to month. indicative of what is ap-
parenily established policy Of the burcau.
the result OF which if continued, will be to read
judica' e and rerate large Fer cent of the cases
In the admitted files.
After expIaining the mode of procedure
generally in rerated cases during this period
the board il their report FAY:
1t becomes apparent that, 80 far as any rule OF
action prevailed, there was not. generally speak
ing, wide difference between the principles
which governed rerating in December, 1888. anC
those which governed in May. 1889.
The cases which are analysed aud cited In
the report are in all important parutcu arr
substantially of the same general character
as those cied in Secretary Mobiles letter to
Commissioner Tanner. dated July "a las,.
and published yesterday morning.
"One thing seems manifest, the board say
THE rule 'palpable error or manifest injustice
in former adjudications has not, in any prt per
sense as applicable to deliberate official judG-
ment, heen as matter Of fact, the Controlling
principal in majority Of the re-ratsd cases.
however much it may be urged TO the contrary. "
A number of cases are quoted to show that
the practice Of rerating on mere opinion. on
the weight of the evidence rather than upon
clear evidence of manifest and palpahle
ment while Schurz, Teller and Lamar were
secretaries
SFoRTY-EIGHT HOUR" CASES.
A large number of cises cited in the re-
port are SHOWN to have been Endorsed either
by the commissioner or his former secretary
to the secretaries as ~forgy-e1ght hour cases.
That this term may be fully understood the
report states that they are cases in which an
order was made requiring in each case to
which annliN1 n final adjudication within
forCy-eight hours from the issuance of the
order
This" the report says, seems 10 have been
understood not only to be an order for tnal ac-
tion within forty-eight hours, but an order for
final favorable action. The board is unable to
state however. where the practice of issuing
such orders originated. but it has, they say, an
existence covering the entire period OF the
finds generally like many others referred to in
the report, in this respect, that in the ad-
judication for re-atinC the rule 'palpable error
or manifest injustice in former rating seems
to have been utterly ignored and lost sight of
They were, almost without exception, read
just ed on mere opinion. the judgment Of to-day
aunuliing and setting aside that deliberately
rendered years ago, and against which,
until recently. no protest had ever been
made by the pensioners. Some eases were
referred by the commissioner or his private
Secretary Squires to an examiner in the medical
division for an opinion, which proving favorable
the cases were taken up. briefcd and reratin2
allowed. Why referred to q medical examiner,
a subordinate in the medical division. rather
than to the medical referee, the official directly
in charge of the medical branch of the Office, does
not appear and is lett to be Inferred
The board in summarizing its conclusions
says:
Substantially the same PRINCIPLES or rules
have in general been followed, so far as the ap-
plication of any principle or rule of action can
be discerned during the period of eight months
beginning with December 1883. covered by our
investigation. While the rule purports TO be
that which calls for the correction OF palpable
error by. reason of which manifest
not, matter of fact, been followed
in anv proper sense or use Of the term "palpablt
error" or manifest injustice, the actual prac-
tice being the rerattng of pensions on the judg-
ment of to-day against that OF years ago wheI
the claims were deliberately and officially ad-
Indicated. The practice OF rerating pensions il
ror in the original or former adjudication, whic
is patent m2nifest and palpable, thu
leaving rs the real basis for the re-
rating mere opinion On the weight OF
opinion to annul and change former adjudica.
ton based on the same evidence is violative OF
tanned in section 469slo, Revised Statutes: am
even II this were not SO is Inconsistent wit
good practice and contrary to well es: :ablisheC
rules Of evidence. The practice Of taking case
out of their order aud making them 4S-hou
csses, that ls, directing that they be finally sd
Indicated within forty eight hours, is specially
mlsch1evOus, IN that IL Is apt to be construed
as the equivalent OF an order to allow, and be-
cause 1t may, for want of sufficient time prevent
the deliberate and proper consideration which
The case to which it applies should have. Tht
decisions of the department are not always fol.
lowed by the pension ctfice as they should be In
points of law and practice. A rule OF prac.
lice furnish ID by departmental decision shoulC
be recognized and followed by the pension of.
fic long as 1t is not overruled or modified by
the authority which made it: and construc-
tton or Interpretation of law by the departures,
should be accepted by the pension office a,
binding, aud as applicable not only in cases il
which Ii is made, but in all cases involving the
same lecal question.
As a result OF the investigation the boar
makes a number of recommendations, witt
view to the correction OF errors which hav,
crept into practice through the lax method
which are found to prevail in the pension
office,
Justitiabse = omicidc,