The Indianapolis journal., 1893-10-06
He Asks Judge Bradley for Writ OF
Mandamus to Compel Lochren to
Pay Suspended Pension.
AN EX-HOOSIER ARRESTED
Fought Under a False Name and
Pensioned Under His Right One.
Southern BulldOzers Scored by Mr..
Murray-Democrats to Caucus
on the Election Laws.
Special to the indianapolis Journal.

WASHINGTON, Oct. 5.-A petition has
been filed in the District Supreme Court
by Judge Charles u. Long. OF Detroit, a
member of the Michigan Supreme Court
for mandamus upon the Commissioner Of
Pensions 10 compel him to pay a pension
Illegally suspended. The petition states
that on Sept. % last he was informed by
the pension agent at Detroit that payments
On his claim had ben suspended pending
special medical exarpination to determine
his present degree of disability" He de-
nies that he ever received notice of this
suspension other than as stated, although
he was once ordered to report to the exam
ing board at Detroit. Judge Long then
states that he believes this order was not
made by the Secretary of the Interior,
who Is empowered by Section 4739, Revised
Statutes Of the United States, to strike from
the pension rolls names put thereon by
fraudulent presentations But even this
cannot be done, he maintains in his petit
ton, without due notice to the pensioner
who shall have full opportunity to be
heard. Judge Long further objects that
such proceeding is in violation of the fifth
amendment to the Constitution, which pro-
vides that no citizen shall be deprived of
life. liberty or property without due proc
ess Of law" His pension, he claims, is
valuable property, of which he has been de-
prived without such process.
The Commissioner, in suspending the pen
sion, held that while Judge Long was
drawing a good salary as a member of
tie Supreme Bench of Michigan he could
not also draw $72 per month for total dis
ability. Judge Bradley, after hearing the
petition, granted a rule returnable Oct.
19, calling upon Commissioner Lochren to
show cause why the writ should not issue.
Speaking of the case to-day Commits
sioner Lochren said: LAS to the question
raised whether the Commissioner has the
power to suspend pension L will say that
this rule Is not a new one, as has been
charged against Secretary Smith and my
self In the newspapers. 1t is an old rule,
and has been In practice in the bureau
from the beginning. The ground is taken
that the action is contrary to the Constitu-
ton Et1t in 'dePriying a man Of his life, lib
not property until the pensoner gets the
money. The mere privilege OF drawing a
Is a property right, even Congress could
not interfere with It, and yet nobody would
question for minute that Congress can
repeal all the pension laws IL desired Par
tfcular stress appears TO be laid on the word
withdraw. Suspension is merely withhold
Ing payment; withdrawing is taking 1t
away. Suspension OF pensions is merely
person is found to be entitled to his pension
ne gets IL IN lull5 III not, tne government is
protected during that time.
80 much Misrepresentation has appeared
In the newspapers about pensions recently
that / am really glad the matter is to come
before a court for adjudication. If I have
no power to suspend q pension, and it is
not my duty, then / shall be glad to be re-
lieved; but If the court decides that have
the power and that ii Is my duty, then 1t
Is Incumbent on me to use that power and
perform that duty. i am also glad that 1t
Is Judge Long who is to test the matter,
FOR / presume he iS a man of wealth, and
will have the matter carefully examined.
He is a lawyer himself ard q very able
pne. However the court decides this case,