The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1889-10-21
Exception Taken to Several Statements Of the
Secretary and Further Explanation
Made Of the Re-Rated Pension Cases.
Report of the Special Examiners APP
pointed 10 Investigate the Bureau.
Many Cases Re-Rated on Mere Opinion. With
cut Regard to Previous Ruiings-A Prac-
tice That Is Called Specially MisehievOus.
TANNER TO NOBLE.


The Ex-Commissioner Replies to Certain
Structures ON His Pension Office Methods.
WASHINGTON. Oct. 20.-In an interview
yesterday relative to The subiect-matter OF
Secretary Mobiles letter, of July "a. to him.
Commissioner Tanner made the following
statement:
II have only seen the published letter as
1T appears In the Post, of this city. AID OBJ
ject to the construction conveyed In the
headlines to the effect that | detied Sec
retary Noble on the subject OF re-rating. or
on the question of dominant authority IN
he administration of the Pension Bureau.
did submit to him, in an unofficial letter.
a question which arose in my mind. as to
whether the power to put to the test pen
sion which might be under suspicion of
having been granted in excess rested in
the hands of the Secretary or of the Com
missioner, and L quoted 10 him the section
of the Revised Statutes which had raised
that question In my mind; but In submit
ting that question to the Secretary for his
decision, l did it in the most courteous and
respectful manner of which l was capable.
In order that there may be no further mis-
conception Of my action, quote my letter
In full:
"BUREAu OF PENSIONS
WASHINGTON. July IL, 1850
(Unoffciall
"To the Hoaorable Secretary OF the Interior:
CONVERSE
ton had in the interview 1 solicited day before
yesterday, 1 desire 10 say to you-and put IL
before You as an evidence of my absolute good
faith in this mattero that, upon looking into the
law bearing upon the duties and powers of the
Commissioner of Pensions, find that which
confess, surprises me. viz That II am capable
of properly constituting the plain letter OF the
law while the Secretary of the Interior has the
power TO reverse the decision of the Commission
tn ON BY n @
other hand If, for any reason, it be held that the
claimant has been grantedtoo much pension, the
Commissioner himself is the only person who has
the power to call halt and reduce the pension.
confess it strikes me as manifest incongrtuty:
1t should be remedied at the next session of
Congress. and call your attention 20 IL now for
the purpose of dealing with the ten cases or
claimants who hold positions in this office whose
claims have been subject OF consultation between
US. The law refer 10 you will ind as follows:
Section 3.-Tbat Sections 4971, 4Is2 and
4773. of the Revised Statutes OF the United
States. providing for biennial examinations OF
pensioners are hereby repealed; provided, tnat
the Commissioner of Pensions shall have the
same power as heretofore TO order special eAami-
nations whenever in his Judgment, the same
may be necessary. and TO increase or reduce the
pension according to right and justice; but in no
case shall q pension be withdrawn or reduced ex-
cept upon notice TO the pensioner and hearing
| upon sworn testimony, except as TO the cerun-
cate of the examining gsureeon.-Approved June
| 81, 1879.
III desire to say right here that, IL you VIII turn
to The section naned-and hope you WILL VIII
accept your construction OF the statute as Loyalty
| as I would the official opinion OF the Attorney
general of the United States. II you hold that
have read the law correctly, want TO say TO yos
that have such regard for my official and per
sonal reputation and the reputation OF TINS
bureau that shall not permit those cases TO re-
main as they are at present. but shall order eacn
one OF the claimants for medical examination be-
| fore men whose word upon medical points VIII
| be unchallenged when stated, and shall stor at
nothing which shall keep all the talnt Of suspicion
from the action OF this office. Ihave already had
| all other cases OF persons connected with this
Office which have been acted upon since took
| charge of il reviewed by three men of long ex-
perience In pension matters, which three men
were selected by the chief clerk and the chief OF
| the board of review and they report that out or
twenty four cases, one case Is broadly open 10
suspicion. and two reasonably so. You can rest
assured that these three cases VIII be proDed TO
the bottom.
AZ do not propose, in any event, TO have an
HONORABLE lifetime smirched In the snghtest oe-
| gree at this period OF my existence ana Where
| may find wellfounded reasons fer believing that
have been imposed upon and mlsled- shall De
| quick to recommend the condemnation merited
by the parties concerned
"I simply desire to add, furthermore that. since
our interview night before last, have made a
comparison OF action in these cases with that
| taken by my predecessor in a similar class of
| cases. and find that the comparison is entirely
! favorable 10 the present administration. snail
he happy TO lay these cases before you at any
VERY truly yours, JAMES TANNER"
| '.The honorable Secretary. in his letter.
| lays great stress upon Section 46Soi2 OF the
| Revised Statutes, in connection with the
Il
"That except In ca ses of permanent specific dis
ability, no increase OF pension shall be allowed
| TO commence prior TO the date of the examlh-
| ing surgeons certificate, and establishing the
| same made under the pending clain for IN
crease.
.It is proper that / should state that
| when took office as Commissioner, found
that, on the question of re-rating the Of
| fice was and had been since March -.
| 1856, operating in accordance with decls-
| ion rendered on that date by the Hon. Geo.
| A. jerks, then Assistant Secretary OF the
| Interior. In the case OF Charles A. wat
| son. of the First Regiment. OF Yer
mont Infantry, MIR. jerks, whose abii-.
| ity as lawyer will be questioned
by no well-informed man, In broad
! terms declares that IF in any case adJudi-
arrears of pension were not graded accord
| ing to the pensioners disability. neither
Section 46SSl2, nor any other provision OF
the law prohibits re-adJudicatlon OF the
| case.' The claimants contention was IN
part for pension on account OF sun-stroke,
| but he made no claim for that disability
| until fifteen years after his discharge. MI.
jerks states that, while the presumption
from the fact that he made no claim Tor
| pension on account of disability from sun
stroke until fifteen years after his discharge
| is not in favor of the view that the disa-
bility was great, still he holds that he
lssbould have opportunity 10 show the ex.
tent of his disability during that period
since his discharge; and he adds: If the
! evidence should show that for any portion
1 of the time since his discharge he has been
| disabled in "a degree greater than for which
| he was pensioned, the pension for that
| period should be increased, as TO cores
pond with the degree of disa bility.'
| The legal contention l leave 10 those
eminent gentlemen, Secretary Noble and
| the late Assistant Secretary jerks. Mr.
| Jenkss ruling was law through the de-
partmcnt until il was revoked. and must
say that in so far as IL permits a man who
has been disabled In the service OF the
country to prove that disability and re-
ceive the ompensation which the law pro-
vides am in hearty accord with N. III
| Secretary Noble sees fit 10 construe stat
utes so az TO make them less liberal 10 the
soldier than did his eminent Democratic
predecessor the responsibility must rest
| with him, and am not willing that while
SO doing he shall. unchallenged, arralgn
me as operating without reason and be-
yond the pale of the law.
Various statements have been published
over the country about the vast number Of
claims of employees of the Pension Office
which have been acted upon during my in
cumbency of tie commissionership. The
fact is that there were but thirty-three OF
them. all told. have been informed that
there are nearly seven hundred soldier
employees IN the Pension Office. so the pub
lie can Judge as we'll as how much founda-
| tl, rJs tl,. Of