The Providence news. (Providence [R.I.]) 1891-1906, 1893-08-29

subsequent laws and practice in. regard to
the increase and reduction OF ratings. Sec-
tion All. 4.7s and A7s8. providing for 'nienniai
the act OF June II. 1870 appropriation bilD,
VIII ich provided instead:
provided. that the commissioners OF PEN
sfons shall have the same power as heretofore
70 order special examinations Whenever In
his judgment the Same may be necessary. or
to increase or reduce the pension according
10 right and justice, but In no case shall a
pension be Withdrawn or reduced except upon
notice 10 tho pensioner, and hearing upon
sworn testimony, except as TO the certificate
'section 4.O9s i-2, Revised Statutes. (section
4. act of March y 1873. Except In cases OF
permanent specific disabilities no increase OF
pension shall be allowed TO commence prior
To the date OF the examining surgeons cer-
tificate establishing the same. made under the
pending claim for Increase, and In this,as we'll
as In all other cases, the certificate OF an ex-
amining surgeon or Of a board OF examining
surgeons shall be subject TO the approval OF
the commissioner of pensions
!, "As the latter provision was the law when
the former was passed, they must be construed
together, and they provide Cd whenever a
pensioner applies for increase 2), the Com
missioner may order special medical exam
inatlon CD, and II he approves the surgeon s
certificate (i) he may increase or reduce the
rating 80 according TO right aud justice; but
he shall not withdraw or reduce pension
otherwise on surgeons certificate under q
pending claim for increase 90 except upon
notice OF the pensioner Cd and after he or she
has been heard ls) upon sworn testimony
No power Is here given TO suspend payment
of a pension pending such hearing. aud the
pensioner must be notified, heard, and sworn
testimony taken before the commissioner has
lawful power to reduce, suspend or withdraw
''section 4,774. revised statutes, was
amended by section pension appropriation
act OF July %. 1882. as follows:
THE commissioner of pensions is author
lied 10 detail from time to time clerks or per-
sons employed In his Office to make special
examinations into the merits Of such pension
or bounty land claims, whether pending or
adJudicated, rs he may deem proper, and to
aid in the prosecution OF any party appearing
on such examinations TO be guilty OF fraud
either In the presentation or In prosecuting
the allowance OF such claims and any per-
son SO detailed shall have the power 10 ad-
minister oaths and 10 take affidavits and dep
ositions in the course OF such examinations,
and 20 orally examine witnesses, ETC., etc,
The original provision was detail clerks TO
Investigate any suspected fraud and 70 aid In
prosecuting,' etc. Under this original provis-
ion a special examination division was organ
lied In the ofice to whom suspicious cases
were referred, and the scope OF whose duties
was enlarged by the act OF l6ss In tie laws
and practice OF the pension Office the phrase
special examination has as definite and GER
tain a ameaning as has that Of trial by jury
In the laws aud practices OF courts
The Conclusion OF 1t ALL
"AnalyzIng the foregoing we find that
the Commissioners OF pensions has lawful
authority to make special examinations
into the merits of pension and bounty
land. claims. as we'll those air eady allowed
as those pending; that he must do this
by detailing clerks or persons for this
express purpose who are clothed with
special power TO administer oaths, etc.
and who are entitled to such additional
compensation rs is customary in cases OF
special service
'As neither this act nor the section
which il amends authorizes the commits
sioner to reduce. suspend OF withdraw a
pension so Investigated, but ooly to as
sist In prosecuting frauds we have to
fall back on the proviso OF section 3 OF
the act of June 81. 1870, above. for this
power. Whea he has made the special
examination in the manner and by the
machinery provided in these acts he can
thea, and not until then, reduce or
Withdraw a pension.