Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-11-10
HIS ANSWER FILED.
Commissioner of Pensions Lochren
Replies to Judge Longs Petition.
RIGHT TO SUSPEND PENSIONS CLAIMED
The Jurisdiction of the Court in
the Case Denied.
HIST DRY OFTHE CLAIM

IL = L ~ N ~ Il ~ II "a L M
The answer Of Pension Commissioner
Lochren to the petition Of Judge Charles ID.
Long Of the Michigan supreme court in the
Supreme Court Of the District of Columbia
for writ of mandamus to compel the res
toration Of his name to the pension rolls
Was filed this morning.
The answer admits Judge Longs state
ment of the seriousness of his injuries; that
the wound in his left hip. received April
l6. 1862, is still open: that from the position
of the wound and his having lost his left
arm, he cannot readily reach it with his
right hand. so that 1t Is necessary to have
the regular daily assistance and attendance
of another person to dress the wound. ex-
cept when he is away from home, when.
with considerable difficulty. he can dress 1t
himself. The answer also admits that
Judge Longs pension was obtained without
fraud on his part 1t admits that the COM
missioner Of pensions has ordered the sus-
pension of payment of the pension and no.
titled Judge Long to appear before the
board of examining surgeons at Detroit for
medical examination. This notice was first
sent July %, 1893, and repeated August S
Claims the Right OF Suspension.
The commissioner claims in his answer
that his proceedings In allowing and reject
ing claims for pensions. in increasing and
reducing pensions. revoking pensions for
cause and suspending them pending investi-
cation are and always have been actually
and lawfully exercised by authority Of the
Secretary of the Interior.
He shows that the jurisdiction now cx-
ercised by him under the direction Of the
Secretary of the Interior was prior to the
establishment Of the Department OF the
Interior exercised under the direction Of
the Secretary of War; and originally, be-
fore the esta adjustment Of the office OF COM
missioner of pensions. exercised by the
Secretary of War under the direction Of
the President. He shows that the practice
of suspending pensions pending investl3a-
ton dates from the year 1903. In 1873. the
practice having become common and famii-
lar, was the subject of correspondence be-
tween John c. Calhoun, Secretary of War,
and Henry Clay, Speaker of the House or
Representatives No criticism was made
upon the course of the Secretary by Con-
gress and the practice has ever since been
regular and continuous to revoke. modify
or decrease pensions for fraud, error and
irregularity, and. incidentally, to suspend
payment pending investigation. The legal
ity of the practice has never been Ques-
toned, far as can be learned, until the
commencement Of the present proceedings.
and the surrounding counties Of Pennsyi-
vania and New Jersey were suspended by
direction of Zachariah Chandler. then Sec
retary of the Interior, on account OF ir-
regularfties committed by the claim agents
In that city. Soon after, on December 3.
1875, a standing order was adopted by the
commissioner of pensions, which appears
in the official digest of pension laws. and Is
still In force. 1t requires sixty days no.
tice before a pensioner can be dropped
from the rolls or his pension reduced, but
requires no notice Of suspending payment.
Denies the Courts Jurisdfctfon.
The commissioner claims that this prac-
tice has constituted and does constitute q
departmental construction Of the pension
legislation of the United States which Ii
also its true construction; that the con-
struction given by him Is renewable only
by the Secretary of the Interior. and not
by the courts; that his discretion cannot
be restrained or controlled by the Supreme
Court of the District of Columbia or by
any other court; that relator's only rene
dy is by appeal to the Secretary of the
Interior; that the issuance Of a pension GER
tificate is not a conclusive adjudication,
but Is subject to review by the commission
upon any suggestion of change in the ply
steal condition of the pensioner; that to
make upon each application for a pension
the investigation incident to q conclusive
retard the granting of pensions SO as to
be an unnecessary hardship upon appli-
cants. and to defeat the objects of the pen
sion acts; and that, from the necessities of
the case such investigation must be exec
utive and not judicial in nature. compare
| lively hasty in character and therefore
subject to review whenever a probability of
error or fraud appears. And he claims
that Judge Long has himself conceded the
right to review the proceedings of previous
commissioners by invoking that right In
his own favor.
History of Judge Longs Applications,
| The answer sets forth at length the his
tory of Judge Longs applications for pen
sions, and copies of his various applica-
tions and proceedings thereon are annexed.
Judge Long obtained his pension in 1863 at
IS month and afterward obtained sue
cessive increases under various acts in
1866 to s15 1872 to SIS, 1874 to s24, and 1889 10
$780, In 1881 he made an unsuccessful ap-
plication for an increase. In 1884 he made
his first application for increase of pen
sion on the ground that he re-
quired the aid and attendance Of another
person. Although this had been the case
since 1852, his application stated that he
had not previously brought it to the at
tention OF the pension office, because he
did not understand himself to be entitled
to an Increase unless he could not get
around without assistance" His applca-
tion proceeds: "As / now understand the
act il 1 can show that 1 need assistance
in dressing the wound and taking care of
that, then my claim will be made out This
can show conclusively. My wife and
others. from the time of my marriage in
1865, have assisted me daily, and in fact.
1 must have daily assistance to take care
of it," The application was referred by
Commissioner w. W. Dudley to the board
of examining surgeons, who reported
against Judge Long. Their opinion was
confirmed by the medical referee of the
pension office, who was however. over
ruled by Commissioner Dudley and Judge
Longs pension was accordingly increa sed
to $50 a month to date from March 81 1884
The judge protested in writing against this
| restriction as to date, claiming that the
increase should have dated from 1874
| The ReratinE by Mr.. Tanner.
He made no further application, however
till May 6, 1889. when he applied to Com
missioner James Tanner for a re-ratfnp
On the same day the new commissioner
rendered a written opinion on the case
saying: 1T appears that the additional
disability for which he was increased 70
$50 was not only claimed for in his original
declaration, but that at the date of the pas
sage of the act of June 16 1885, although
not adjudicated, it is shown by the action
OF the office to have entitled him to the
$50 per month at that date" These recitals
Commissioner Lochren claims to have been
entirely erroneous in fact, relator and him
self having admitted that he never brought
| the facts to the attention of the pension
! office before March 13. 1884. In accordance
with the opinion, however, the applica ton