The National tribune. [volume] (Washington, D.C.) 1877-1917, 1893-08-17

An Extended Review of the Legal Aspects
of the Matter.
EDITOR NATIONAL TRIBUNE: have read
| the letter of William Lochren, Commissioner
| of Pensions
| Permit me to reply to so much of that article
| as relates to the revision and suspension OF
claims allowed by the late administration
under the provisions of the act of June q,
1890
| The question at issue is. Can the present Adj
| ministratien review, revise, and nullify the
acts of their predecessors. simply for the reason
| that their construction of the law was too
liberal2
President Harrison did a great many things
| which President Cleveland would not have done
| had he beenin office. President Cleveland would
| probably have vetoed the act under discussion !;
but does he for a moment attempt to review or
revise the acts of his predecessor No; Congress
only can do that. The Secretary of the inte-
! rior undertakes to do that which the President
| OF tho United States dare not attempt, without
the risk of impeachment.
Let US examine the law on this subject:
Sec. 1879 r. s. says:
The Secretary of the Interior shail cause 10 be
| stricken from The pension-roIis the OF any
person, whenever it appears by proof satisfactory
That such name was put upon such roll through
fraudulent representations.
This section has been construed by the courts
the Interior can upon the evidence of an parte
report of Special Agent, reopen the case, but
the element of fraud or Misrepresentation must
first be set up
Section 4775 r. g.:
Examining Surgeons duly appointed by the
Commissioner of Pensions. and SUCH other quail
fed Surgeons as may be employed in The Pension
Office, may be required by him, from time time
rs lac deems for the interest of the Government,
make special examinations Of pensioners. appli-
laall
have precedence over previous examinations.
whether special or biennial; but when injustice is
alleged TO have been done by an examination 50
ordered, the Commissioner of Pensions may, "A his
discretion, select board of three duly-appointed
Examining Surgeons. who shall meet ut place TO
be designated by him, and shall review such cases
as may be ordered before them on appeal from any
specai examination, aud the decision of such
board shall be final on the question submitted
thereto, provided the Commissioner approve the
same The compensation Of each of such Surgeons
shall be 50, and shall be paid out of any appro-
prlhtlons made for the payment of pensions. In
the same nanner the ordinary fees of appointed
Surgeons are or may be authorized to be paid
This section applies to extraordinary and
Difficult cases, and to cases where appeals have
been made. The last sentence provides for a
fee of 50 to each of the Surgeons, which is
more than the regular fec allowed to the men,
bers of the Medical Examining Boards.
1t was the practice up to 1879 to have bien-
niai examinations Of all pensioners, to fix the
y
this useless and expensive, as it was rarely
found that the disability decreased, but rather
Increased with age, it was determined that
when the soldier got on the penson-roIl he
would not in future be ordered for medical ex.
animation unless he applied for an increase, or
that be got on the rolls through fraud or that
there was a mistake gross error in his case
as, for instance, when the Medical Board al
lowed him s., but by clerical error he got $18.
so that IN future the matter should be finally
settled Congress repealed the law
Section 3, act of June 81 1878. Statutes at
Large, Vol. 81, repeats sections All, 4772, 4773,
r. s., providing for biennial examination of
pensioners
Provided that the Commissioner of Pensions
shall have the same power as heretofore order
SpeciaI examinations whenever ia his Judgment,
the same may be necessary. and to increase or re-
duce the pension according to right and justice but
Ia no case shall "a pension be wiihdrawn
duced except upon notice to the pcnsioner
hearing upon sworn testimony. except as To the
certificate of the Examining Surgeon.
contend that the Commissioner of Pensions
has no power to order pensioner before a
Medical Board for examination. or to reopen
his case by calling for more testimony, or to
stop his pension unless the element of fraud or
misrepresentation is first set up. He has the
power to order special examination Mind
you this phrase. Special examinations does
not refer to medical examinations before
Board of Surgeons formerly; it has reference
to the Special Examiners who are stationed all
over the country.
1t is a weli-settled principls in law, under
the doctrine Of res adjattica, THAT what
ever is adjudicated aud settled by proper and
legal authority shall remain settled"