Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1893-08-01


letter touches on a question of more
than ordinary public interest az this
time, and explains the policy OF the
administration regarding the suspen-
sion OF pensions. After some persua-
sion Judge S,sgle was induced to
furnish it for publication. The letter
Is as follows:
DEPARTMENT OF TIE lNrERIoR,ia u
WAsHINGroN, ID. c., July 2S, 1880
Hon. Jacob F. SJagle, Pitsb,rg, Pa.
Ny DER SR:-In accordance with your
request Of July. 1898, l enclose herewith
COPY of the decision rendered May -, 1898,
fn the case OF Charles I. Bennett constru-
ing section , Of the act Of June q, lssO,
with accompanying order Of the honorable
Secretary Of the Interior.
Your Inquiries concerning suspensions
are reasonable. From the temperate tone
manifested by you 10 is but another Illus
trauOn Of your well-knOwn reputation for
judicial fairness. A reply Is demanded OF
me ia the same candid spirit
The suspensions 20 which you reter nave
been made by virtue OF an order or the
Secretary based on the ruling died by me
In the Bennett case which holds IN sub
stance that man who is a9le 70 earn q sup
port oy manual labor has no tiJle 20 pen
sion under section Of the act Of June q,
1890.
This opinion was approved by the Sec
retary Of the Interior and the Attorney
General, and 1 have never heard It's sound
ness Questioned The order OF COmmis-
siOuer Raum, liking rates under this act.
ignored the essential basis Of q pen
sionao.s status-the liability % per
form manual labor; anu further,
all evidence which might have shown the
pensiOuabIe O disabilities the results OF vic
iOus habits, was not required, and thus by
the orders and rulings OF the commissioner
the law Of june q, 1890, was superseded.
As early as August g 1892, 10 the case or
Washington Borden reported in pension
decision vol 9, page 49, Assistant Secre-
tary Bussy ruled that the disability which
gave title 20 pension under the act Of june
97. 1870. was that which incapaCitated for
perform ance Of manual labor la such
degree as rendered the applicant pvopOr-
u0uatey unable % earn support aud
that a man who Is able % earn support
by manual labor has no title 70 a pension
under said set.
Again, in the same volume, page 1893, in
the case OF Henry r. Weike IA copy OF
(which I seud youl. the same principle was
iu substance announced, and the prac-
tice of the Pension Bureau uader this
set and the order OF Commissioner Raum
by which q satellites not Of service origin,
were rated the same as ike diss0i
lities which were Of service origin,
for the purpose Of making a
rate under the act OF 1890 was
repudiatcd The Commissioner was told
iu this opinion that the order as approved
by the department had been misconstrued
bv the bureau, and be was directed 20 OBJ
serve as the basis for pension under the
act Of June "a, 1890. the inability Of the
applicant 20 earn a support by manual la
Dor.
The opinion in the Bennett case promul-
gated no new principle 10 simply affirmed
the principle announced by my predeces-
sOr The Secretary OF the Interior, md
ing the erroneous order Of Commissioner
Raum unrevoSed aud the claims adludi-
called Hereunder uuQuestiOned, could not
20 otherwise than revoke that order, pro-
vide a new one in accordance with the act
for future practice, and order a re-eXam-
inatiOn of prior adlUdlcatiOus 20 correct all
errors.
You will observe that the order OF Com
missioner Raum was approved October 10,
1890. It's error was not exposed until Janu-
ary 3. 1898, after 33l, $50 cases had Oeed ad-
1udiceted In pursuance thereof.
Fidelity 70 tue government and equal
justice 20 those soldiers whose claims We're
not adiudiCated January =. lS93-when the
department pointed out the error OF the
bureau-demdHdci thdt thCrg should NOT be
one construction for 32f,ISO pensioners, and
another for ttc remainder iCh0sc claims iCcrs
Unddj aGJcGtsd
This administration would have been a
party 20 perpetraing monstrous wrong
% the nation aud 90 a class Of its pension
ers under the act Of 1890, II these 52l, $50
claims remained uuexamined.
A board OF revision has been established
IA the pension Office for the purpose Of re-
vising the former adjudication under the
act Of 1890. The members OF the board ara
not all Democrats. The chief Is
Republican, and the medical ref
cree during the administration OF
Benjamin Harrison is member
thereof These occur to me as ] write;
how many others are OF the same political
faith don't know, out no honest pensioner
need be alarmed 0y their activity, As they
are instructed 20 carry out the law as con-
strued by both administrations and moth
ing more
The present practice relative TO suspen-
sion Is not new, but strictly in line with
that heretofore prevailing, and may be
stated fully 10 g few words. Such action
is generally taken by the Commissioner
Of Pensions, although, Of course,
similar rowsr is vested ia the Secretary OF
the Interior and the ASS stsnt Secretary.
NE IS laleHl ~ Jaw NAa aAAANA NNl4A VI AAa-
ity 10 the statutory requirements is en-
forced whether the claim be under the
act OF June q, lS9J, or one under the gen
sral law.
aln amazed 70 hear it said that iudg-
Lent is pronounced on suspended pension
ers iu advance Of a full hearing when the
present practice is sanctioned by the de-
cisiOus and rulings 70 the ONCE Tor
more than twenty years No ludg-
u6nt Is pronounced before a ful
Investigation and hearing IS
accorded the pen A0uer. The government
re.examines. II the record shows an IL
legal pension, the claimant is suspended
awaiting further proof. The proceeding
is merely preliminary. Due notice IS given
the pensiOner who has 90 days In
which 10 fle testimony in re-
buttal Al evidence prOhered
receives respectful consideration. II
claimant shows by necessary proof his
right 70 remain. suspension is removed and
payment is made in full IL be cannot
meet this moderate requirement after the
sixty days accorded him, FOR proof, his
nauie Is stricken from the rolls.
therefore answer that suspension under
Section 2. II the Act Of June 27aS9o, Is and
net general under all laws. No re-examin-
RriOn has been ordered OF the lO,cto
claims Of widows, minors an0
dependent relatives pensiOneo under TIE
saroe act. nor Of the Cpl 900 claims allowed
Under 1rlor aws Tor disaJll kies contracted