The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1889-10-17

WAsHINGToN, Oct. At is learned
that Secretary Mobiles decision in the
rerating pension case of Senator Man
derson in which, as indicated in one of
the senator's letters to the secretary,
it is held that his rerating was unlaw-
full, was arrived at some weeks ago,
Though not made publicl and he es-
tablished precedent which has since
been followed by the department in a
number of similar cases.
Senator Henderson it is said, has oc-
cupied u somewhat different position
from a majority Of the pensioners re-
rated by Commissioners Black and
Tanner and particularly those who Oc-
cupy positions in the pension bureau.
His case was considered and an in
creased pension allowed him without
any application on his part. or in fact
any Acknowledgment that his case was
being considered with a view to an in
crease until he had received his certifi-
Gates from the commissioner of pen
sions without drawing the arrearageS
that the certificate showed were due
him. Senator Henderson at once
wrote to the secretary of the interior
| inquiring whether the increase in his
case was made in accordance with law.
The secretary in respanse forwarded to
Senator Henderson a copy OF q decis-
/ ion which he had Just made in his case
/ in which it was held as before stated
| that while the senator was wholly
blamelesS in the matter the rerating
and increase were clearly in violation
| of the law. whereupon Senator Man
| derson promptly returned the certifi-
cate 70 the department, that it might
be cancelled.
One important difference, said al in
terror department official to day, be-
in the other cases. particularly those of
the pension officials, is that he first
sought to ascertain whether the rerat-
ing was lawful, and having found out
It was illegal. promptly returned the
certificate without drawing the money.
Another distinctive feature in the SEN
ator's case is that he made no applica-
tion for rerating. While this Is also
true of some others, it is not true of a
large number. 1t is learned that there
are tWenty-one of the employees of the
pension Office whose ratings have been
Increased 1t is said that among the
first duties the new commissioner viii
j be called upon TO perform VIII be the
recovery Of ali monies Illegally paid on
pension claims. The commissioner
undoubtedly has the right, and in
those cases where the money has been
placed beyond the reach of the law, thu
, government can apply all future pen
sion payments to the liquidation of thu
J indebted ess. So lar. however. no at
} tempt has been made to recover any d
: the money SO unlawfully paid. 4
number of the twenty first employees o
J | the peaSiOn Office whose pensions wen
Terated and increased have left TIN
: government service since this actor
: was taken. A large proportion of thu
$ number, however, are still in Office. an.
: it will therefore be comparatively cas-
: TO compel repayment by Withhoidin,
both salary and pension until the deb
' | Is cancelled.
3 It is stated at the department that
q number or reTatines were made durini
the latter part of Commissioners Black
I. administration, some Of which were il
Z every feature as irregular as those 81
y lowed by Commissioners Tanner.