Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1889-10-19
THAT FATAL LETTER
WRITTEN BY SECRETARY NOBLE TO
COMMISSIONER TANNER.
lie Plainly and PoIntediy Refers TO Certain
Abuses of the Bureau and Tells III"
that He Proposes 20 Correct Him.
nr telegraph % tho plsp.nh.l

Sir.-I have heretofore acsnoWieuEc"
yours of the nth instant, marked uhoi-
fetal" but which, owing, 70 the NfiS LII
portant matters therein discussed. could
not receive as such, and therefore acKhoW-
ledge il as an official paper. A.. L..,.,.
1bo naoer WAS official IN the mghest
sense of the term. raising the question on
authority az between the COnulsSloueI
and the Secretary and asserting that OF the
Commissioner 20 be superior as 70 thc mat
ter discussed. r,...;o.
| have since, amid my many Oiher duties,
found time to consider tho question raised
by your letter and will now give you my
Your pogition. In your own language. IS
that while the Secretary Of the INTERIOR
has the power 10 reverse the declsi"h VI
| tho Commissioner Of Pensions on appear
/ by the claimant against whom ihe Noll,-
missioner had decided. on the otner manu.
| II for any reason il be held that the CLAIM
/ ant has been granted too much pension
! tho Commissioner himself is the only per-
son who has the power to call halt anu
reduce the pension" This Is your own
statement.
You base this conclusion on section ..
act Of June Il, 1879. This section j. 'heH
/ recited. -
The power granted the Commissions OF
Pensions bv this section is cxpr"ssedly no
/ greater than heretofore, and II IS 70 IN
/ crease or reduce pensions according -
| right and justice. g.:
# would be. as You express H. MANI
fest incoDgTuity II the secretary VIZ ,.. -
responsible for your bureau hau no ply
| 70 correct obvious abuse or even eau
halt, and that If his inferior oihcer qua upI
act nothing could be done. lou r9Inaih
Yourself d" this incongrnity shoulp ne
rcmcdjed at the next session OF Congress.
The Commissioner is laboring under great
misapprehcnsiOn as 10 his relations 10 the
Secretary in this business. Congress MI
! not committed this incongrulty anu II VII
! not be necessary for il to remedy ANYTHING
that now exists. The Secretary las the
control to correct any abuses IN the bureau
| of Pensions or any other bureau III inc
department. might assert my own con,
clusione ON so plain and well-setiieu
questions and 50 leave II, but que con-
| sideration for your Office leads me 10 'A-
plain the ground on which this lonS-es-
tablished rule rests 800,
tion. quotes Sections lS7, 1Gl. AL. 40 anu
Al Of the Revised Statute, ana declares
that the Commissioner of Pensions mas no
more mower in the section quoted IN Coih-
missioner Tanners letter than he had pre-
viously under direction OF the Secretary on
Interior. who IL charged by law WIN 'ue
euDervision Of public business relating 20
marks. that the Secretary may not lnleI-
ferc and stop 10y his own power ne e1eouii
ton of any orders obviously lllegal anu
arbitrary. If IL were attempted by the
Commissioner Of Pensions IN otnSI th.H
cases q permanent specific DISABILITIES 10
increase pensions and toaiioW accuil"l
increase often Of fifteen years 10 DC palu
over M once and III gross sum TO the APP
plcant. IL would not do 70 say thal we
Secretary could only refer this b9cs to the
| Commissioner with q word OF aoVlce an"
call his attention 10 the law and take no
stems either to recover the money thus I'M
prOperlv paid out on correct the eVIi tHus
attempted to be done that he could not
even call halt eu.,
duc' of the Commissioner; IS Dound 10
soc thot the law is enforced. that the pub
lie Treasury is not unlawfully invaded,
| and that one citizen entitled To right
whether Of a pension. OF land. or anything
else. is not unduly preferred either ID lhe
time of hearing or the allowance OF money.
The Secretary lays down the proposll ION
that he has the same Jurlsdlcl"h oNui IL
Commissioner of Pensions as over 'ne
other bureaus Of his department.
He argues AZ some length In support OF
| II and saws that the Supreme Court derl-
! sious sustains him. The Secretary then taxes
mn the "rcrating cases. which, ne SAYS
seem TO be largely more increases OF pen
sions allowed for long periods PRIOR 10 lhe
date of the examining surgeons certinGate
! establishing the same under the pehulnt
claim for Increase. In fact, he says the
Commissioner himself acknowledged thehi
TO be cases of increase Of pension
The Secretary continues: Ihesc cases
| referred 10 were ten III number. IN ehtil
one of these the claimant was an elhpioyc
clerk or other in the Pension Bureau, r.
ceivino "A salary sufficient for his comtoIta-
ble subsistence. and at his work DAM.
They were associated together. Most OF
them had been in their places under q
former Administration. But they did not
then prefer their claims. They made them
soon after the advent OF the present Al
ministratiOn. There was no reason uhder
the existing rules that their cases hOultt
I've made sperial or rushed through IN ad-
vance Of all others. On the contrary, there
{, ,ros then. and had been for some years. q
printed rule in full force that no ease
should be made special excepting III cases
; ~ dcstitution 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 PEN
sinncrs were awaiting throughout the land
allowance for the first time OF a bounty the
Government has promised them. these
other pcnsiOn claimants were, many OF
, Them. supported by no such salaries
"a these particular men were receiving
! and the association together OF these
! men whereby this preference seems ohaN'
I been secured and the subsequent allow
: nrcne obtained. IS in itself "A fact that
! causes a suspicion Of undue means 10 OBJ
l tain their object and that their purpose
! wos 10 impose On the Commissioner.
Further. the fact appears in each case that
|, the increase was allowed pl1Or 10 the sur.
geons certificate in pending clalnn' aho
that the sums allowed aggregate over 80
0O0r The cases are then cited detail.
II i in regard 70 such cases as these that
Won have thought the Commissioner alone
I | can call halt, and in regard to when inc
Y | Secretary thinks otherwise, and proposes L
call n halt long enough at least for nspec
ton | do not rcpel the expression ot
. ,our part that you would accept my con-
D struction Of the statute quoted by you a.
. Loyalty as you would the othclai op!hion o.
| the Acknowledgement. But neither you no.
] can afford % act upon personal consldera
q ton in matters OF this magnitude. Weaf'
!. each bound 10y law in all thlrgs, great anC
- small. and il Is our duty TO take the law a.
T we find il. TO fully exercise that powe
a qiven to either Of Us and abstain from th'
). abuse OF il 10 any degree Whatever.
= Our loyalty Is due alone to the, Govern
o mcnt OF these United State and the peoll'
g who support II. a.
I Secretary is influenced 10y "A desire to mag
( nify his Office Mr.. Noble says that he ha
n brought 10 his assistance the services o
{ others IN the department. and That IN
= opinion of the Assistant Attorney-GeneTa
= of the department agrees IN the conclu
sions reached by the Secretary. The Score
tarv then in view of the law and the estab
lisLed precedent considers the eases %
rutts Doan, and James +. Smith upol
O their record in the Pension Office y
g Eutts he saws the whole proceedings Il
- ihs matter IN behalf Of this man looks lik'
:. ma arbitrary increase OF his pension. u
l. take effect from long anterior date an.
i 10 have been against the repeated testl
o nony of men not only competent, but Sc
Il lected to determine his case"
i In Smiths case the medical examiner
J. had not been able to find any physical eyl
g icuce Of disability but they had rated b.
g disability upon the " claimants state
y ments." ann,
d A. 10 Doan the Secretary says; The re
d mort of the medical examination would en-
: title the claimant 20 only ga instead oi -
y per month. and the rerating made N Jun
Il iast seems wholly Illegal and unwarraute'
= re The evidence The Secretary lette