The Ohio Democrat. (Logan, O. [Ohio]) 1886-1906, 1893-11-18
AN ANSWER
EsvM Commissioners OF Pensions Loctren
10 Judge Chas. ID. Long In Reference
en- fhr I,aftcr,a Bcpaion

FseM Commissioner OF Pensions Lochren
10 Judge Chas. ID. Long in Reference
60 the Lattcrs Pension.
WASHINGTON, Nov. II. 1.--Commissioner
of Pensions Lochren Friday morning
fled his answer in the rnandamus pro-
ceedings instituted by Judge Charles
d. Long, of Michigan. The latter was
receiving pension OK S72 per month,
which Commissioner Lochren suspend.
ed on the ground that Judge Long was
not entitled to total disability pension.
The case was brought to the dis
trict court of the District of Columbia,
the last proceeding being an order to
Commissioner Lochren to show cause
why he should not restore Judge Long
to the pension rolls Commissioners
Lochren admits that Judge Long was
legally placed on the pension rolls, but
denies that the certificate increasing
the pension to s72 was regular and law
full.
In defending the right of the COM
missioner to suspend pensions, he as
serts that it has been the practice since
1919, when John G. Calhoun, as secre-
tary of war, in charge of pensions, ex-
ercised the right; also, that Secretary
Zach Chandler suspended pensions in
Pennsylvania and New Jersey in 1876,
on account, of Irregularities by claim
agents, and that the same year Il stand
ing order was adopted regulating sus-
pensions, reductions and dropping from
the rolls, and that such action is de-
partmental construction of Legislation
| whicn is conclusive. The commissions er
IL l.
visable only by the secretary of the
| interior, and can not be restrained or
controlled by any court.
| Judge Longs only remedy is an ap.
peal to the secretary. Having ones
name on the pension roll, says the COM
missioner, does not constitute a prop
erty right, but comprises the privilege
of receiving bounty from the govern
ment so long as that person, in the
| judgment of the commissioner, belongs
| to the class of persons designated by
congress as the proper recipient o.
| United States bounty. The issuance
of a pension certificate is not a conclu
sive adjudication, but subject to review
and investigation. Such Investigations
must be executive, and not judicial
The commissioner insists that his righ
to rule his own or predecessors actor
has been conceded by Judge Long, and
had been invoked by him frequently
with final success.
He then gives in detail the appropria
tions and acts of the pension bureau il
the pension of Judge Long, commenc
ing in 1852 and ending in 1889, when hi
received s72 per month with arrearages
The commissioner says this decision o
Commissioner Tanner was induced b,
error of fact as well as of law" Fo
the reasons, the commissioner claims
that Judge Long is estopped from
claiming that the commissioner has n
power to reconsider the action of hi
predecessors, as the reheariugs and in
creases given him were reconsideration
of former commissioners
The commissioner says that the pen
sion paid Judge Long is for total disa
bility, and that Judge Long is not dis
abled but is drawing large salar
from the state of Michigan. The fac
that Judge Long did not appear befor
a pension examining board SO that hi
case might be settled by the commi:
sioner is given as reason why tn
. mandamus should be denied.
! Further, this court has no jurisdi'
tion to grant mandamus, except t
perform statutory act. If the orde
of the commissioner is Illegal Judg
Longs remedy is a suit for injunction
The commissioner asks that the pre-
ceedings be dismissed.