Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1893-10-06
WASHINGTON NEWS
items of Interest from the Cap.
ital City.
JUDGE LONGS SUSPENDED PENSION

Petition Raised to Compel the Commis-
sioner Of Pensions to Continue I lyment-
What the Lawmakers Are Doing IN the
National LegisIature-Army Ofhcers De
tailed to ColIeges-The Public Building
at Chicago.
WASHINGTON, Oct. 6.-The petition
raised by Judge Charles D Long. of De
troit, Mich, member Of the Michigan
supreme court, for a mandamus upon the
commissioner OF pensions 10 compel him
to pay pension Illegally suspended states
that on Sept. 25 last he was informed by
the pension agent at Detroit that pay
ments on his claim had been suspended
pending special medical examination &c
determine his present degree OF disabil-
ity." He denies that be ever received no.
tice OF this suspension other than as
stated, although be was once ordered to
report to the examining board at Detroit.
Judge Long then states that he believes
this order was not made by the secretary
of the interior, who is empowered by sec
tion 4739 revised statues of the United
States. to strike from the pension rolls
names put thereon by fraudulent repre-
sentations. But even this cannot be done,
he maintains in his petition, without due
notice to the pensioner, who shall have
full opportunity to be heard.
Fifth Amendment Violated.
Judge Long further objects that such a
| proceedings Is in violation of the fifth
amendment to the constitution, which
| provides that no citizen shall be deprived
l of life, liberty, or property rithout due
| process Of law His pension, he claims,
| is valuable property, of which he has been
| deprived without such process. Speaking
| of the case which is to come on hearing
/ on the 18th. inst, Commissioner Lochren
| says: "As to the question raised whether
the commissioner has the power to sus-
| pend pension, will say that this rule is
| not a new one, as has been charged against
| Secretary Smith and myself in the news.
| papers. 1t Is an old rule and has been in
! practice in the bureau from the beginning.
| The ground Is taken that the action is con
trary 10 the constitution in depriving a
man Of his life, liberty property, etc. Now
| pension Is not property until the pen.
sioner gets the money. The mere privilege
OF drawing pension does not constitute
property. II II Is property right, even
congress could not interfere with il and
yet nobody would question for II minute
that congress can repeal all the pension
laws, if desired.
Suspension and Withdrawing.
Particular stress appears TO be lain or
the word withdraw. Suspension is mere
ly Withholding payment; Withdrawing i:
taking II away. Suspension of pension:
Is merely precautionary measure. i
on inquiry the person i found 10 be euti
tied TO his pension he gets il in full; /
not, the government is protected durins
that time. So much troth and misrepre
sentatiOn have appeared in the newspa
pers about pensions recently that l an
really glad the matter Is to come before
court for adjudication. Ii have no pow
er 10 suspend a tension, and It i not M
duty. then / shall be glad TO he relieved
but If the court decides thSt l have tht
power, and that it = my dU,y, then it j
incumbent on me to use that power auC
perform that duty. l am also glad tina
it is Judge Long who is TO test the mat
ter, for presume he Is man Of wealth
and will have the matter carefully exam
ined He is a lawyer himself, and vef,
able one. However the court decides tn
case l trust it will put an end TO tn
matter