The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1893-11-15
JUDGE LONGS PENSION.
COMMISSIONER LOCHREN'S ANSWER
IN THE MANDAMUS PROCEEDINGS.
Declares That Ii Has Always Been the
Practice to Suspend Pensioners
When There Were IrreEularities-
Asks That the Case BE Dismissed.

WASHINGTON. Nov. 10. - Commits
sioner Lochren this morning filed his
answer in the mandamus proceedings in
stituted by Judge Charles T. Long Of
Michigan. The latter was receiving
pension of $72 per month, which Com
missioner Lochren suspended on the
ground that Judge Long was not enti-
tied to a total disability pension. The
case was brought in the district court
OF Columbia, the last proceeding being
an order to Commissioner Lochren 10
show cause why he should not restore
Judge Long TO the pension rolls. Com
missioner Lochren admits that Judge
Long was legally placed on the pension
rolls. but denies that the certificate in
creasing the pension to $72 was regular
or lawful.
In defending the right of the commits
siOner to suspend pensions he asserts
that it has been the practice since 1919,
when John c. Calhoun. as secretary of
war in charge Of pensions, exercised the
right; also. that Secretary Zach Chand-
Ter suspended pensions in Pennsylvania
and New Jersey and that the same year
a standing order was adopted regulating
suspensions, reductions and dropping
from the rolls, and that such action is a
departmental tOuSlIuCNlou u lcSlSldllOu
which is conclusive. The commissioner
asserts that such construction is revis-
able only by the secretary Of the in
terror and cannot be restrained or con-
trOlled by any court, Judge Longs only
remedy being an appeal to the secre-
tary
Having ones name on the pension roll.
says the commissioner, does not con-
stitute a property right, but comprises
the privilege of receiving a bounty from
the government so long as that person,
in the judgment Of the commissioner,
belongs to the class of persons designated
by congress as the proper recipient of
United States bounty. The issuance of
a pension certificate is not a conclusive
adjudication, but subject to review and
investigation. Such Investigations must
be executive and not judicial. The COM
missioner insists that his right to rule
his own or predecessors action has been
conceded by Judge Long and had been
invoked by him frequently with final
success. He then gives in detail the ap-
preparations and acts of the pension
bureau in the pension Of Judge Long.
Commencing in 1862 and ending in 1889.
when he received $72 per month, with
ARREARS es. The commissioner says this
decision of Commissioner Tanner was
induced by error of fact as well as of
law. For the reasons the commissioner
claims that Judge Long is stopped from
claiming that the commissioner has no
power to reconsider the action of his
predecessors as the rehearings and in
creases given him were reconsiderations
Of former commissioners.
The commissioner says that the pen
sion paid Judge Long is for total dis
ability, and that Judge Long is not dis
abled, but is drawing a large salary
from the state Of Michigan. The fact
that Judge Long did not appear before
a pension examining board so that his
case might be settled by the commits
siOner is given as a reason why the
mandamus should be denied. Further
this court has no jurisdiction to grant
a mandamus except to perform a statu-
tory act If the order of the commits
sioner is illegal Judge Longs remedy is
a suit for injunction. The commissioner
asks that the proceedings be dismissed.