The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1893-08-25

be disturbed except as directed by the
statute-that Is, first, where fraud has
been perpetrated in securing the issu-
anCe OF certificate; second, where 1t
appears that the disability for which
pension is granted has ceased, or dimin-
ished in degree. A pension is only
granted after all tue requirements OF
the law have been fully met in the
judgment OF the authorities having in
charge the execution OF the pension
laws, and after n pension has been
granted there is no power vested in the
authorities to disturb their rights, ex-
ceptin accordance with the terms above
stated.
Now, l claim that all those who
were pensioned under the act Of June
", 1890, by the last administration met
all the requirements necessary, in tho
Judgment OF the authorities then hay
ing in charge the execution OF the PEN
sion laws. Before the pension authors
ties will reopen q claim for the purpose
ofreyiewing and readjudlcating it, upon
the application OF claimant or pen
sioner they require the applicant to
produce new, important and additional
testimony, which was not accessible at
the time of the original adjudication OF
his case,
ILLEGAL INTERPRETATION
"This being true, why should not
this rule apply to the government
while it, on its own motion, undertakes
to reOpen, review and readjudicate a
pension? Instead OF following this
rule the present administration re-
quires the ponsioner to produce addi-
tional evidence, showing his title to n
pension already granted under the re-
quirements oil law. An examination OF
the authorities will convince any per-
son familiar with the subject, or any
candid mind, OF the absolute illegality
OF the action OF the present secretary OF
the interior and commissioner OF pen.
sions in applying their Interpretation
OF the act OF 9th OF June, 1890. to CAGES
adjndicated under that act by their
predecessors possessing authority with
themselves. Department decisions
Noah IL. Timer, vol. !, page 81 Birney
Hoyt, vol. |, page 70; Rowland w.
Jones, vol. /, page lG2; Samuel Ward
low, vol. /, page 2GB; James Scooney,
vol. !, page ST2; S. 0. Artbury, vol. /,
page 37S.
"lhe foregoing are decisions OF Score.
tary Lamar and Assistant Secretary
Hawkins in the year OF 1883 bearing
upon this question, An opinion OF
Attorney General Devens is as follows:
ut Is forbidden by q rule OF admin.
istrative practice, which was stated and
the reason thereby ably presented by
Attorney General Writ in 1925 1.-TWO
opinions), and which has since been
frequently re.stated by other attorneys
general fourteen opinions, 9S,357), that
the official acts Of a previous admins.
tration are to be considered by its sue.
Cessor MS final, so far as tho executive is
concerned
"Mr. Deyens also remarks that, in
the case before him, there appears TO
have been no controversy as to the facts,
but it rests entirely upon alleged error
in the decisions OF the last administra.
ton in the construction OF Il statute.
Under these circumstances think the
former action upon the case cannot be
reviewed.
"Ther0 are several decisions by the
supreme court bearing directly upon
this principle and upholding the opin-
ion rs to departmental practice as set
forth by Attorney General Devens."