The National tribune., 1893-11-16
LOCHREN REPLIES.

Tho Commissioner "Shows Cause" Why
Judge Longs Name Should Not Be Re-
stored.
Commissioner Of Pensions William Lochren
last week filed his answer to the bill Of Judge
Charles ID. Long, requiring the Commissioner to
show cause why Judge Longs name should not
be restored to tho pension rolls.
The Com missioner admits that in a number
of cases suspensions have been ordered, as in
the case of Long. and that the order in those
cases were made by the Commissioner with the
approval Of the Secretary of the Interior, and
is not subject to review by the Supreme Court
of the District of Columbia. or any other court.
All such super Visions It is stated, are and have
been ordered only in cases in which. like the
one in question, the pensions paid appear to be
grossly illegal.
the Comm issioner declares that he has the
power TO allow the payment of pension on
account Of physical aiIment only so long az
the aiiment continues. and that it is his duty,
from time To time, according to his Judgment
and discretion. to examine the pensioners for
the purpose of aseertaining whether the reQui-
site condition continues, and meanwhile if, in
his opinion, on the prima fscia evidence pre-
scented to him, the condition does not continue,
TO suspend the payment of the pension.
The pension of S72 per month, which Judge
Long has been drawing. the Commissioner goes
on to say, is claimed upon the ground that
Long N SO permanently anu tOtaffY ulS2Dfe1 aS
to require the regular personal aid and attend
ancs of another person, by an injury resulting
in total and permanent helplessness. Judge
Long, however. since Jan. /, 1858, has been
Justice of the Supreme Court OF Michigan, and
earning a large salary in the active performance
of his duty as such. and not prevented by the
physical injuries he complains of from perform
ing q large amount Of judicial work with great
ability and success. The Commissioner adds
that, in his Judgment. Longs injuries do not
amount to the disablement and helplessness
mplated by the statute covering such
cases. and that the pension certificates issued to
the Judge were irregular and illegal.
Then the Comm ssioner asserts that no hard
ship was put upon Judge Long by reason of
the suspension of his pension, and that there
was no necessity for his application to the court,
for, on or about Sept. I. 1893, three days before
the quarterly instalment of the pension was
payable, the Judge received due notice to sp-
pear before the Board of Examining Surgeons
at Detroit for a medical examination.
Had he submitted to the examination the
inquiry could have been completed and the
final decision of the Commissioner of Pensions
made in the case before the commencement of
the proceedings. in court.
Judge Long failed to appear for examination,
and the Commissioner submits that By reason
of the laches of the Judge his application for
maudamus should be denied. Further, that
whenever Long shall present himself and be
examined his pension will be adjusted and al
lowed at the lawful rate to which his physical
condition shall be proved TO entitle him.
In closing his answer. Commissioner Lochren
claims that the Supreme Court of the District
has 10 Jurisdiction TO grant msndamus against
a public official of the United States. except to
direct that such official perform specific statu
tory duty, and in this case the Commissioner
OF Pensions is subject to no specific statutory
duty to revoke the order complained of by
Long. If the order is illegal it is altogether
nugatory and void, and of no legal injury to
Judge Long. His remedy. if any. against the
Commissioner, is in equity. by suit for In
junction.
The answer ends by Commissioner Lochren
respectfully praying that the proceedings be
dismissed.