Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1893-10-06
LONG WILL TEST IT
Michigan justice Applies for Writ
Of MandamuS
PENSIONS or The VETERANS
Ne wm Test the con-fitsfioaAiisy Of
tne ilixht - saspesd Pea.oa<
WhaG Loehrun sa5<

W.saf~orox., Oct a-Ths petition
raised yesterday - Judge Charles II.
Lag of Detroit. Michigan. q member d
AZ Michigan sapreme court Tor man
damus upon the commissioner Of pan
sioos - compsl him - pay = peusiou
i.lsgaily suspended. states thar on Sep
te1nbsr - last he vas informed By the
pessb,n agent az Detroit that payments
on his clsdsn had been suspsndesl pend
.1,z exalaiaatlon 10 determine bis pres
ear degsss of disability" he denies
thai hs ever recs.vsd notice q this sus-
peosion other than a. stated. although
he eas oncc orsisred % report 10 the
examiniag board AZ Detroit
Judge Loag then states shat he Be
neses tbs ofster Nas not ulalic BY the
SECRETARY 81 me interior. who - en-
poecred b. section A. ~ REVISED statutes
~ the United States % strike from the
pension folls na1as pat thereon By
fgausiuient representations. Hut even
this cannot 10 done. be maintains In his
petition without due notice 20 the pen
sssuer who shali have full opportunity to
be heard Judge Long further objects
that such a prpceeding y In violation Of
The sgth amen.tnent - the constitution
aaich provides that no citiken shall be
drpfised u life. liberty or property
uith0at due process Il law. His pen
son. he ciain~. u valuable property. u
which he has been deprived without
sueh process
Whaf fochrcn says
Speaking % the case which IL To come
on naarina October 10. COmmiasiOner
Lochren says.
As % the question raised whether the
CON nmissioncr has the power 10 suspend
= pension. will say hat this rule Is not
a nex sn8. a. has. been eharced against
Secretary smith and myself in the news.
papers IL u an old rule and has been
IN practice ie the bureau from the be
gsoning The ground - taken that the
acton - contrary % the constitution in
tiepriviag a man of his life. ibesty or
property
Now pension j. not property until
thu pensf0ner gets the money.
4 he mere privileges 0f drawing a pen
sion does not constitute property IL u
- a property right. even congress could
not interiors with IL, and yet nobody
would question foe a minute that con-
grt - can repeal all the pension laws II
desired.
Particular stress appears 10 be laid
or the word withdraw Suspension 10
merely hsilding payment. Withdrawing Is
taking u away. Suspension % pensions
l. merely a precautionary measure. III.
90 inquiry. the person Is found 10 bc en-.
titled 10 his pension hs gets IL in full; Il
MT the government 10 protected during
that time.
Glad ft Il Co Be Tested.
10 much froth and misrepresentation
have appeared IN newspapers about pen.
sions recently that am really glad the
matter IL % come before court for ad-
lrdicafiou. IL have no power TO sus-
peod a pansi0n. aud IL - not my duty.
then / shall be glad 10 be relieved; but
II the court decides that | have the
power and that Il - my duty. then IL il
inenmbent on me 20 use that power and
perform that duty. 1 am also glad that
q - Judge Long who IL O. test the mat
tsr. for I presume he - a man IL wealth
and Eill have the matter carefully ex-
UaineL
sile ~ lawyer himself and a very
aiic one. HOaever the court decides
this ease. trust u vii put an end to
We matter