Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-08-01
THE PENSION POLICY.
1t is Explained in a Letter of Assist
ant Secretary Reynolds,
WRITTEN IN REPLY TO JUDGE SLAGLE.
No New Principle Promulgated or
Practice Inaugurated.
eau s E OF SUSPENSIONS.

assistant Secretary Reynolds of the In
| terror Department has written a letter to
Judge Slasle Of Pittsburg In which he ex-
plains clearly and In detail the status OF
the Interior Department in the matter of
| the suspension Of pensions under the re-
cent decision of the department, which
| ~ causing so much comment and criti-
cism The letter Is the first official ex-
preston of the position of the depart-
ment which has yet been made. 1t is a
reply to communication from Judge Sla-
gle. who is judge Of the court of com
mon pleas OF the county of Allegheny,
pennsylvania. said to be one of the most
prominent judges on the bench, a leading
republican. having served with distinction
during the late war. and stands high
among the soldiers of the state
Questions by Judge Slaxle.
In his letter Judge Slagle said LAS there
| Is considerable discussion of the action of
the department In suspending pensions i
would like to have some Information in
reference to It, Have the suspensions been
made under your opinion as to construc-
ton OF act Of 1880 or are they general un-
der all the laws? Are they made under
general orders or only upon special exami-
natiOnS! II under general order, Is 1t con-
sistent with the rules of your office to give
me copy? Please give me any informa-
may deem proper.
i need scarcely say that I do not i'm
pute TO you any improper motive or un-
friendly feeling toward the old soldiers. 1
know you too well to entertain anv such
suspicion. But as the matter Is under dis
cussion wish to form my opinion Of it
many. pensions have been granted which
should not have been granted, and we all
believe that they should be weeded out
In doing so We should be careful not to
do injustice to the deserving"
Judge Reynold.' Reply.
Assistant Secretary Reynolds. reply is as
follows: In accordance with your request
OF July "a, 1893. ] inclose herewith COPY of
the decision rendered May o. 1893, In the
case Of Charles T. Bennett, constituting Sec
ton Of the act Of June q. 1890. with ac-
companying order Of the honorable Secre-
tary of the Interior. Your inquiries con-
cernlng suspensions are reasonable. From
tn, the temperate tone manifested by you it is
reputation for judicial fairness. A reply is
de manded Of me in the same candid spirit
The suspensions to which you refer have
been made by virtue of an order of the Sec
retary, based on the ruling filed by me In
the Bennett case. which holds. in substance,
by manual labor has no title to a pension
under section Of the act Of June q, 1890
This opinion was approved by the Secretary
Of the Interior and the Attorney General
and have n.ver heard it's soundne IS aues-
toned. The order of Commissioner Raum
sential basis Of pensionable status-the in
ability to perform manual labor. And fur
ther. all evidence which might have shown
the pensionable disabilities the results of
vicious habits was not required, and thus
by the orders and rulings of the commits
sioner the law Of June q. 1890. was super
ceded.
AS early as August 8, 1892. in the case
or Washington Borden, reported in Pen
sion Decisions Cvol. 6, page l9). Assistant
Secretary Bussey ruled that the disability
which gave title to pension, under the act
of June q. 1880, was that which incapaci-
tated for performance of manual labor in
q daoraa fhA
proportionately unable to earn a support,
and that man who Is able to earn a sup
sion under said act. Again, in same vol
ume. page 1873, in the case of Henry H.
Weike (copy Of which 1 send you). the
same principal was, in substance. an
bureau under this act. and the order Of
Commissioner Raum, by which disabilities
as like disabilities which were of service
origin. for the purpose of making a rate
under the act OF 1880, was repudiated. The
the order as approved by the depart department @
had been misconstrued by the bureau, and
he was directed to observe, as the basis
for pension under the act of June q, 1890,
the inability Of the applicant to earn a
support by manual labor.
No New Principle Promulgated.
1.-The opinion in the Bennett case promul-
gated no new principles. 1t simply affirmed
the construction announced by my pre-
decessor. The Secretary of the Interior,
finding the erroneous order of Commits
adjudicated hereunder unquestioped, could
not do otherwise than revoke that order, |
provide q new one in accordance with the
act for future practice and order a re-ex- |
animation of prior adtudicatiOns to correct |
all errors. You will observe that the order |
OF Commissioned Raum was approved Oc,
tOber Is. 1890. Its error was not exposed |
until January Z. 1893, after 321 100 cases had |
been adtudicated in pursuance thereof.
justice to those soldiers whose claims were |
not adjudicated January Z. 1S93-when the |
department pointed out the error of the |
that there should not be |
one construction of the law for 321, ,13O pen |
sioners. and another for the remainder |
WHO'S, whose l.. claims a Inns We're unadjudicated. This
perpetuating monstrous wrong to the ma
tion' and to class OF its pensioners under |
mained unexamined
board of revision has been established |
IN tne pension office for the purpose of re-
act of 1880. The members of this board !
are not all democrats. The chief is a re-
publican; and the medical referee during
the administration Of Ben njamin Harrison is
a member thereof. These occur to me as
write. How many others are of the same
political faith do not know. but no honest
pensioner need be alarmed by their activity.
as they are instructed to carry out the law
as construed by both administrations. and
nothing more.
"c rcScht Tract1ce Not New.
'The present practice relative 70 Sis
pensions Is not new. but strictly in line
with that heretofore prevailing, AMI NAV
be stated fully in a few words: Such action
Is generally taken by the commissioner NJ
although, Of course a sjI,1jla~
power Is vested in the Secretary Of the |
Interior and the assistant secretary IT iS |
regulated by law, and strict conformity TO
the statutory requirements is enforced |
whether the claim be one under the act Of |
June Y. 1880, or one under the general law
Il am amazed to hear 1t said that Iudg.
nent Is pronounced on suspended pension
ers in advance of a full hearing, when The
present practice Is sanctioned by the de- |
,isions and rulings Of the office for u,ors
han twenty years. No Judgment Is pro-
bounced before full investigation md a
nearing is accorded the pensonar. The
government re-examines If the record
shows an illegal pension. claim is aus
pended awaiting further proof. The pro
,eedng Is merely preliminary. Due notice
n which to file testimony In rebuttai All
Evidence proffered receives respectful con-
,ideration. II claimant shows by Necessary
proof his right to remain, suspension is
'emoved and payment Is made in full. If
lie cannot meet this moderate requirement
tfter the sixty days accorded him for proof
lis name is stricken from the rolls
Il therefore answer that suspensions are
lnder section of the act of June a. 1s90
md not general under all laws No re-
has been ordered Of the T0.GOJ
.laims of widows, minors and dencpdent
ella ttyes pensfOned under the sanpn |