New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-08-04
THE VETERANS GUILT PRESUMED.
THIS STEMS TO BE TIE PRINCIPLE oF THE
PENSION COMMISSIONERS POLICY.


Washington. Aug. CSp.caD.-Whilc many people
no doubt sympsthzc with thc Commissioner Of Pen
sons IN his efor 10 purge the pension rolls Of names
that got there either by fraud under an erroneous
Interpretation Of the law there Is reason to b"h"v"
that be ~ himself violating the spirit Of the statute"
If not indeed all principles Of justice, when he orders
the suspension Of tho plttancc do'd ont quarterly 10
the veterans Of the pending an examination 81
their right 10 place the pension rolls. There
eXcelleDt lawyers who contend That IN" tOmniiH
~iOner has power To order a p'nsiOncr b"for"
medical board for examination unless the element Of
fraud misrepresentation is first set up and proved
and they base their argument upon section 1,139 Of
the Revised Statutes. which says:
THE Secretary Of thu Interior shall oau-p 20 be
stricken from III" pension rolls the Of any per
son whenever it appear, by proof satisfactory that
such name was put upon such roll through false or
fraudulent representations
The language of this statute makes 1t quite plain
that the burden Of proving the fraud rcss upon III"
Commissioner OF Pensions, Whenever II appears by
proof satisfactory and not until then shall the nam"
OF the pcnsiOner he stricken from the rolls No
one pretcnds 10 say that the pcnsioncr who ngnrc,
today upon the rolls under the Interpretation which
former Commissioner of Pensions gave to the act
of iceland whether that Interpretation WAS right
or wrong IL the poinl--got there by false or
fraudulent representations. No act Of his certainly
contributed toward establishing the element OF fraud
whence therefore, does the Commissioner Of Pensions
OF pensions pending an examination he sees fin 10
make? The doctrine Of res adjudicata, which is 30
often pleaded against the pensi0ncr, is here grossly
Violated by the present Administration. These OK
auinati.n Ms II mud be borne in mind, are not what
are called special examinations mode Of procedure
for tho detection Of fraud which is constantly being
employed. and rghtiul'y 80. but they are medical
examinations. before board " surgeons, t. ascertain
whether the pensloner Is correctly rated or not
These "medical examinations which the secretary
~ the interior now directs in revokng Commits, Toner
Raum's celebrated order No. lG were formerly aiI-
thorlzed by Congress- but the statutes providing for
pcaled bv the act OF June u. ls79-a fact which
seems 10 have escaped the attention cf liohc smith
,crc is another point which suggests Itself when
e.. resent policy of the Commissioner OF Pensions
* more closely examined. Under the new system
OF rating established by Judge Lochien Tor 'he
guidance Of the Advisory Board, the standard Of
d,sobIlity IS almost doubled According to the cir
cuar daed June Il, 1883, the rating for anchy
Of the elbow Joint ~, while under the Old rating
Jone, who pcnsi0ncd year ago al 9Io toi t "a,
disability Just mentioned lie receives hG,lce ~,
Which n"s shows that he is pcnsoned at .,e n,l
warranted by hi, diabDy. lie Is requested TO- snow
that he suffering o lI2p S''1 b "
who /, I'm the mood of up,ettine everything done ny
lis predecessor ard he II told at tr NM ti ,
until he SO his pension T. stopped r n, ni
besiir himself iacwise, for he has sixty dh!s OILY
in which TO secure the evidence: . ,s,,.. cr.o,.a
Now here j. new eondl'iGR ,ur oi '" of Pensions
Heretofore the soldier has been measured Win !, u
yadsick 3. inches long hertaf,s, me brandeS AS
a fiaud, or I'm other words he 1, considered gun
until he has established his innocence IL rii'i th,
for Demcf'r Of am Office where justice
and iiberality ought 10 go hand In manu.