The National tribune. [volume] (Washington, D.C.) 1877-1917, 1893-10-19

JUSTICE LONGS PENSION.
that Justice Long has good case against
the Pension Bureau for the restoration OF
his pension An act approved June 10 1874,
reads
Be IL enacted bu The Senate and House Of Repre-
SeGtreS of the United States Of Alnericd an Congress
! assembled That section of the act entitled An
act 10 revise consolidate, and amend the law re-
lating 10 pensions" aud approved March 8, 1873 he
| so amended that all persons who, while III the
military naval service of the United States. and
in the line of duty, shall have been permanently
and totally disabled to require the regular per-
sonal aid and attendance of another person, by the
loss of sight of both eyes by the loss of sight OF
one eye, the sight of the other having been pre-
| vously lost, by the loss of both hands, or by
the loss of both feet, or by any other injury result
| ing in total or permanent helplessness shall be
entitled to a pension of $50 per month; and this
shall be In lieu of pension of S3l. 25 per month
| granted such person by said section: PrOrtded,
| That the increase of pension shall not be granted
| by of any of the injuries herein specified,
unless the shall have resulted in permanent,
total helplessness, requiring the regular personal
| aid and attendance of another person.
| Sec 2. That this act shall take effect from and
! after the 4th day of June 1874.
An act was approved June 49, 1880, sup
| Elementary to this, which reads:
BE ii enacted by The Senate and House of Represent
diires Of the United States of Americd ia Congress
assembled That ali the soldiers and sailors who are
| now receiving pension of $50 per month, under
the provision of entitled An act to increase
! the pension of soldiers and sailors who have been
totally disabled" approved June Is. 1874 shall re-
ceive in lieu of all pensions paid them by the
Government of the United States. and there shall
| be paid them in the same manner as pensions are
| now paid TO such persons. the sum of S72 per
| month.
Sec .. All pensioners whose pension shall be in
creased by the provisions OF this act from $50 per
month So per month shall be paid the difference
| between the sums monthly, from June II, 1873. TO
the time of the taking effect of this act.
These two seem to cover the case very COM
| pletely. Justice Long has fulfilled all these
requirements While "in the military
service of the United States, and in the line
of duty" he received two terrible wounds,
which so permanently and totally disabled
him as " to require the regular attendance OF
another person." This is all the law asks,
and when these conditions are fulfilled, it
says specifically and emphatically that there
"shaH be paid them # the sum OF
S72 month"
1t is impossible to understand how the
language of the statute could be made palmer
or more mandatory. Unlike some other
portions of the pension laws, it leaves nothing
| to the Judgment or discretion of the Com
missioner of Pensions Or the Secretary OF
| the Interior beyond the determination OF
the actual facts. They are merely TO ascertain
| whether the claimant was in the mill
| tary or naval service of the United
! States, and in line of duty, when
| he received his injuries, and whether
| those injuries are such as to cause perma-
nent and total physical disability, such dis
ability being carefully described as that
which will require the regular aid and at
| tendance of another person. If they find
all these facts, then the law leaves them nc
option whatever-they shall pay The claim
ant S72 month.
There is no provision anywhere that this
| payment can be withheld if the pensioner
should be elected 10 the Supreme Court oil
Michigan. Nor is there any direction to the
Secretary of the Interior or the Commits
sioner of Pensions 10 inquire as to what
property or income he may have; simply he
shall be paid ST. a month"