The National tribune. [volume] (Washington, D.C.) 1877-1917, 1893-08-17
THE HLEGALITY OF THE sECRETARY's

the ruling of Secretary Smith in regard to
| invalid pensions under the act of June 81
1890, by virtue of which 200 pensioners are
being suspended every day and many claims
which should be allowed are being rejected
We will now discuss the legality of his action
and that of the Commissioner of Pensions
who is carrying out his instructions as laid
down in the Bennett case.
Order 164, concerning which so much has
been said, was issued by Commissioner
Raum Oct. Is, 1890, and was as follows:
That all claimants under the act of June % 1890.
bilities of permanent character the result of
their own vicious habits and which ineapacitates
them for the performance of manual labor, render
ing them unable TO earn support in such degree
would be rated under former laws at or
above Sc and less than $l2 shall be rated the same
like disabilities of service origin; and that all
cases showing pensionable disability which, If
of service origin. would be rated at or above Sl2
per month"; shall be rated at sl2 per month.
GREEN b. RkuM,
Commissioner.
Approved: CYRUS BUssEY Assistant Secretary.
Under the provisions of this order about
$4,000 invalid pensioners, both army and
navy, were placed on the roll under the act
of June 81, 1890. No question whatever
was raised as to the ilegality or even the
improperly of Commissioner Ranm's con-
structien of the law, not even during the
session of the Democratic House OF Repre-
sentatives following the issuance of the
order mentioned, when he was under inyesti-
CATION, and his political enemies, members
of the House, and themselves lawyers of pre-
sumed ability, were exhausting every effort
to find something in his administration to
criticize. The reason is obvious: the law
was properly construed and Order 164 could
not then and should not now be challenged.
1t was the plain intention of Congress Chose
who voted for the bill and thus made it a
law that these same applicants and pen
sioners under the act of June 81, 1890,
whose claims are now being daily rejected
and who are being daily suspended, should
receive the benefits of the law, as is mani
tested by the debates upon the bill, which
provoked much stormy discussion. Senator
C. K. Davis, Chairman of the Pensions Com
mittee of the Senate, was the author of the
bill, which underwent many changes in the
3,41'. or
the debate just prior to the final vote the
Senator said:
As The result of the conference and a free inter-
chsnge Of information 1t has been agreed to strike
ont from section the following words: And who
are dependen: upon their daily labor on the con-
of others not legally bound thereto for
their support" This leaves the a dis
ability bill.
The Senate bill provided for persons who brought
themselves within its provisions that the rate of
pension should be unqnalifediy si2 per mouth. no
more and no less. hut it WIS considered by the
ferees that If the dependent clause was TO be
stricken out, and taking into consideration also
the very forcibie arguments which were advanced
against unqualified pension subject to scaling
or grading, it would he proper TO introduce pro-
vision making the pension somewhat according
to the degree Of the disability to earn support
by labor. So the bill has been changed ia that
respect 10 read
"Sbail receive n pension not exceeding $40 per
month and not less than Sc per month proportional
TO the degree Of inability to q support"
This general pension legislation these lines is
everything except the service pension that the
country is now calling fer. IL gives a pension to
every disabled soldier it gives pension to
every soldiers orphan, it gives pension TO every
soldiers widow, irrespective OF the disability by
which the bereavement or death occasioned.
Now. having covered this whole ground and The
differences OF opinion being of detail and some of
them of administration. and having had most
strenuous differences about the subject of the serv
ice pension repeat that shall despair of any
Thing which is mere change of the lines of this
great measure. asure which will 20 out TO tire
country freghted with its vast benefits to the SOL
der the widow. the orphan. and The parent
Record Part 6. Vol. n. page $685.
No Senator or Representative advanced
the argument or proposition that man
must be wholly unable to perform any
manual labor to entit1e him TO receive the
maximum pension of S12 per month under
that law
The exact wording of the law Of June 81,
lS3O, is as l0lloWS:
Sec. 2. All persons who served 90 days or more
IN the military naval service Of the United States
during the iaie war of the rebellion and who have
been honoraby discharged therefrom, and who
are now who may hereafter be suffering from
mental or physical disability of "A permanent char
teter not The result of their own vicious habits
" Iich incspacaes them from the per formanee OF
manual labor in such degree as to render them
unable To a support. shall upon making due
proof of the fact according to such rules and
regulations as the Secretary Of the Interior
may provide, be placed upon the list of Invalid
10 receive pension not exceeding Sl2 and not
less than &c per month proportioued to the degree
Of inability TO earn support, etc.
We will now quote the old law under
which pensions are grant ed upon proof that
the disability or disabilities were contracted
in service:
Sec. 1863 Rev. Stat U. S.:
Any officer OF the Army. including Regulars
and militia, any officer in the Navy
or Marine Corps, any enlisted man. however
employed. in the military naval service of the
United States, in lis Marine Corps, whether
regularly mustered or not. disabled by reason Of
any wound or injury received, or disease con-
tracted while in the service of the United States
and in line of duty shall be placed upon the pen
si0n-roll, etc.
The only cha IN fho fwo Iaxyc 4. "a,