Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-10-10
WHY CLERK BABER WAS REMOVED.
Language in q Pension Decision Considered
Objectionable by Secretary Noble.
A STORMY SCENE ENDING IN THE SEPARATION
OF MR.. BABER FROM THE GOVERNMENT SER
vIcE-HE SAYS GEN. BUssEY APPROVED WHAT
HE had wRIrTEN-MR. BABRR's POLITICS.

sTohMf SCENE ENDING IN THE SEPARATION
OF MR.. BABER FROM THE GOVERNMENT SER
vIcE-HE SAYS GEN. BUssEY APPROVED WHAT
HE HAD wRITTEN-MR BABKR's POLITICS.
Geo. Baber, o member Of the board of PEN
sion appeals, Interior Department, has been
dismissed by Secretary Noble. What led up to
this action was q decision in pension case pre-
pared by Mr.. Baber. The printed proof Of this
decision, which was sent to Secretary Noble,
contained language, particularly in the heading
and brief syllabus, which the Secretary re-
garded as entirely uncalled for and extremely
partisan in character. The syllabus referred to
read as follows: "The arbitrary rule Of the
Cleveland administration in adjudicating in
crease claims, based upon illegal new disabili-
ties. overruled by the Harrison administration
In the interest OF meritorious applicants. The
old doctrine Of estoppel in pension claims set
aside by the present administration"
The Secretary at once rewrote the decision
eliminating therefrom the Objectionable Ian
Guage. He retained, however so much Of the
decision as pertained legitimately to it, and
sustained the findings on the points at issue.
In speaking OF the matter Secretary Noble
said that 1t seemed to him highly improper that
there should go into the records Of the depart
ment an opinion upon a matter Of law and do
cisive OF the rights dependent upon the statutes
Of the United States, made by the government
itself, In which the language Of this opinion
Is used: THE administration Of the United
States, he said, lis conducted at one time
under one chief magistrate, at another time
under another, and in judicial opinions il is not
proper to make at each step q criticism OF
what had been decided under a previous ad-
ministration. 1 think the language of the
opinion unusual and uncalled for. and as such,
cannot tolerate it in the records Of the depart
ments, and while think the position in the
opinion as a supplemental ruling is sound as all
Interpretation Of the former opinion, do not
consider that 1t was necessary to have INDUCED
In such expressions as are used in it. The
record OF the department at all times will
speak for itself and no declararation in regard
to what is intended will make any decision
stronger"
Mr.. Baber maintains that he read this de-
cision to Assistant Secretary Bussey Just before
he left the city and that the latter fully ap-
proved it.
GEN. BUssEY NOT READY TO TALK.
Gen. Bussey, the assistant secretary, was at
the department this morning after an absence
Of several days. He did not see the Secretary,
as the latter did not come to the depart
ment before taking the train for New York.
fsGen. Bussey has not seen the Secretary since
the dismissal of Mr.. Baber and therefore knows
nothing about it except what he has seen in the
papers. He said to STAR reporter this morn
ing that he did not care to discuss the matter
until after he had had talk with the Secretary.
Mr.. Baber called on Gen. Bussey this morn
ing and had quite a lengthy conference with
Bussey had said that he had authorized the de-
cision before he left the city. 1t
is the opinion of Mr.. Baber that
the action of the Secretary in dismissing him
was based entirely on the decision. On the
other hand, however, it is stated that when Mr..
notx ~ H.
gard to the decision, that he made some replies
which the Secretary regarded as in
solent. The Secretary resented this behavior
and 1t Is reported that the interview although
brief. was somewhat stormy. At any rate the
Secretary expressed indignation over the Ian
claimed that II Mr.. Baber had behaved differ
emily he might not have been dismissed
Mr.. BABER A ''PRoTEcTIoNIsr DEMOCRAT"
In the discussion of Mr.. Baber's case the
opinion was expressed in some quarters today
that the decision was an attempt to Burchardize
the administration; that Mr.. Baber is demo-
crat and has recently announced himself
as in favor Of the republican candidates
On this account it is thought that the
partisan language in the decision was the out
come Of the zeal which is sometimes shown by
new convert. Mr.. Baber, however, says
that he is still q democrat, as he has
always been, but that he now differs
from his party on the tariff and is, as he de-
scribes it, protectionist democrat. He says
that il he votes next month he will cast his bal
lot for Harrison and Reid.
1t is claimed by Mr.. Baber that Gen. Bussey
signed the decision in manuscript form after
he had read it to him just before Gen Bussey left
the city instead Of having a typewriter copy
made, as is usually done with pension decisions.
The manuscript was sent at once to the printer.
When the proofs were returned Mr.. Baber
destroyed the manuscript, 80 that there is no
original OF this printed decision.
TO WRITE STATEMENT
Gen. Bussey intends to write letter to Sec
retary Noble giving statement of the facts in
the case. He is rather indignant at the
statement made that under his decisions
pensions are granted to deserters
He says that there is not case
that can be found where pension is paid to
deserter. 1t Is true that he had not considered
that the mere entry of a charge Of desertion
against soldier in the company rolls was suffi-
cient to deprive a claimant Of a pensionable
status when the further record OF the case
showed the return of the soldier to the service
and his honorable discharge from the service
He considered that II the military authorities
looked upon o soldier as worthy Of honorable
discharge, then the mere fact that the record
Of desertion was against his name showed that
the term was used to describe an absence
incompatible with the later record of honorable
discharge.
STATEMENT By Mr.. BABER.
Mr.. Baber said to STAR reporter today:
"This morning Assistant Secretary Bussey
stated in my presence and in that of Mr.. Roe Of
the Louisville Courier. Journal that had read
the disputed opinion over to him in manuscript;
that he had approved it, and had directed the
publication OF it from my manuscript without
awaiting aetypewritten copy; and he further
admitted that the opinion as printed was in
accordance with the manuscript. Mr. Heck,
the foreman Of the branch printing Office having
been called, stated In my presence to Assistant
Secretary Bussey that his (Bussey's) name, in
his handwriting, was appended to the opinion
when the matter was put IN type. Gen. Bussey
asserted also his official responsibility for the
which Secretary Noble has based his unpro-
voked conduct toward mo are totally devoid Of
foundation. The unpleasant remarks which /
am alleged to have made to Secretary Noble in
our interview Saturday afternoon were uttered
in response to his offensive and insulting re-
marks to me-remarks that were not warranted
by aught that I had either done or said.
He spoke in anger, without provocation. and I
replied In anger, after abundant provoca-
cation. My self-respect required this. Az to
Secretary Mobiles pretense Of dismissing me.
have to say that he knows that, AZ con-
sequence OF our interview, rendered my resiR-
nation to him in person Saturday afternoon. I
reaf6rm all that L have done in this matter,
claiming to have acted q manly part +"