Los Angeles daily herald. [microfilm reel] (Los Angeles [Calif.]) 1884-1890, 1889-10-19
WASHINGTON VIKINGS.
How Mr.. Tanner Rode the
High Horse.
THE CORPORAL'S SUPERB GALL
He Thought His Authority Exceeded
That of His Chief-NOble's
BrOadsider.
Associated Press Dispatches to the HERALD.

Associated Press Dispatches to the HERALD.
WASHINGTON, October 1S.-Secretary
Mobiles first letter to Commissioner
Tanner on the subject of the re-rsting of
pensions is made public tonight. 1t is
dated July Oath. The Secretary &C.
kncwledges the receipt of Tanners letter
of July 18th, marked "Unoficial," but
which he could not receive as anything
but an official paper, raising, as it did, a
question of authority between the Com
missioner and Secretary, and asserting
that of the Commissioner to be superior
as to the matter discussed.
"Your position in your own language, f"
says the Secretary, sis that while the
Secretary Of the Interior has the power
to reverse decision of the Commits
sioner of Pensions on appeal from a
claimant against whom the Commits
sioner has decided, on the other hand,
| if for any reason it is held that claim
ant has been granted too much pension,
the Commissioner himself is the only
person who has the power to call malt
and reduce his pension. The Commits
sioner is laboring under a great misap-
prehension. The Secretary has control
to correct any abuses in the bureau OF
the Treasury, or any other bureau in the
Department"
The Secretary in support OF his position
quotes copiously from the revised
statutes, and adds: cit will not do to
say that the Secretary may not interfere
or stop by his own power the execution
of any orders obviously illegal and
arbitrary. The Secretary is responsible
for the conduct of the Commissioner, is
bound to see that the law in enforced,
that the public treasury is not unlawfully
invaded and that one citizen, entitled to a
right, whether of pension or land or any
thing else. is not unduly preferred, either
in time of hearing or allowance of
money"
| UNWARRANTED RE-RATINGS.
The Secretary takes up re-rating cases,
which he says seems to be largely mere
| increases OF psnsion allowed for long
periods prior to the date of the examin-
| ing surgeons certificate establishing the
same under the pending claim for an in
crease. In fact, he says, the Commits
sioner himself acknowledged them TO be
cases Of increase of pensions.
The cases referred to we're ten in num-
| Der.
The Secretary continues: GIN each
one of these the claimant was an en-
ployee of the Pension Bureau, receiving
a salary sufficient for his comfortable
subsistence, and at his work daily. They
/ Uoro occOcio tod fcOofhnr Moct - fbo,,
had been in their places under the former
administration, but they did not then
prefer their claims, so they made them
soon after the advent of the present ad.
ministration. There was no reaeon un-
der the existing rules that their cases
should be made special or rushed through
in advance of all others. On the con-
trary, there was then and had been for
some years, printed rule in full force
that no cases should be made special ex-
cept in case of restitution, or when the
applicant was at the point of death. Yet
these cases were all hurried through by
your order, while hundreds of thousands
OF other pensioners were awaiting
throughout the land, the allowance
for the just time of bounty the Gov
e-nmenthad promised them. These other
pension claimants were many of them
supported by no such salaries as these
particular men were receiving, and the
association together of these men,
whereby this preference seemed to have
been secured and the subsequent allow
ances obtained, is in itself 81 evidence of
the fact that their intention was to i'm
pose upon the Commissioner. A further
fact in each case is that the increase was
allowed prior to the surgeons certificate
in the pending case, and that the sums
allowed aggregated over sixteen thou
sand dollars. Neither you nor can af-
ford to act upon personal considerations
in matters OF this magnitude. We are
each bound by law in all things, and it
is our duty to take the law as we find it !;
to fully exercise that power given to
either OF US, and to abstain from the
abuse OF it to any degree whatever"
LONG ESTABLISHED RULES VIOLATED.
The Secretary refers to the duties of
the Board of Review, and says: ut is an
established and we'll known rule that the
Department will uniformly refuse to dis
turb an adjudication of claims bv for
mer administration, except upon the
most conclusive evidence that an error
has been committed. When the cues.
ton as to the proprety of a given rating
is one of judgment, merely depending
upon the weight of evidence, the Depart.
ment will not allow an opinion of TODAY
to overturn the opinion of yesterday;
and, furthermore, old cases will not bs
reopened, reconsidered or readiusted.
except upon the presentation of new and
material evidence tending to show the
exls tence of palpable error or mistake.
The Department does not entertain the
least objection to an increase of pension.
the increase to commence under the
pending claim, as the law directs, and
upon evidence to support it,"
BLOWING IN THE SURPLUS.
The Secretary then reviews at con-
siderable length the cases of three of the
Pension Office employees whose PEN
sions were rerated, and concludes that
the re-rating was illegal and unwar.
ranted. He adds: II will not 90 into
the other cases. They are before you.
| have said enough, think, to show
that the Secretary may we'll call halt
until these cases can be more carefully
examined. l notice you say in your let
ter that you have such a regard for your
official and personal reputation that YOU
will not permit these cases to remain az
they are, but will order each of the
claimants for medical examination before
men whose word upon medical points
will be unchsllenged when stated.
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