Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-11-10

ing the defective recital that it was ISSUED
in lieu of certificate dated August ls. 1884.
10 change date OF commencement of in
crease. Judge Long was still not satisfied
and made another application on June II
1SSS. asking for further arrears omitted by
inadvertence on his part and that of the
pension office. He accordingly obtained
a further rehearing and new reissue Civ
ing him arrears SO as to increase what he
had received to SIS a month from June G
1866, to June 4, 1872 and to S3l.25 from June
4, 1872, to June 4, 1874.
His Duty to Investigate the Case.
Commissioner Lochren claims that 1t 1:
his duty to investigate the case; that he ha,
grave doubts of the propriety of the pen.
sion; that he cannot compel relator to sub
NIT to a medical examination, except u,
suspending payment Of his pension; AM
that If the power to suspend were not ex
ercised i'm gross cases of prima facie erro,
or fraud, the United States would be put tc
great and irretrievable pecuniary loss, a,
not only are the parties receiving pension.
usually insolvent, but pension moneys un
lawfully paid are not in any case, as you
respondent is advised and believes, recover
able by the government" The Commits
sioner states that he gives quick attention
to all rehearings, and that suspensions arr
ordered only in cases like the present
where the pensions now being paid appeal
to be grossly illegal, of which cases the
pension rolls contain many instances.
Not Total Helplessness.
The commissioner further states thai
Judge Longs pension OF s72 a month 4.
claimed under statutes Of June Is, 1874, and
June 16, 1880, on the ground that he is *
permanently and totally disabled as to re
quire the regular personal aid and attend
ance of another person by an injury result
ing in total and permanent helplessness
and the present commissioner is INFORMED
that the petitioner has been. since Januar,
l. 1855. justice of the supreme court Of tn,
state of Michigan, earning a large salar,
from that state. and not prevented by hi
physical injury from performing a larg'
amount Of judicial work with great abilit,
and success; and the commissioner there
fore, claims that the injuries do not amour
to such disablement and helplessness re
Quired by the statute, and that the pension
gust 16, 1884. May 6, 1889. and August l6
1889, were irregular and illegal.
No Necessity Of Legal Proceedings.
Commissioner Lochren also claims tha
there was no necessity of proceedings a
law, since relator received his notice ol
September i, lSs3 three days before tn
quarterly installment of his pension wa
payable. but has failed to appear before tn
examining board at Detroit. although h
was in that county in the month of Septem
ber, as appears by the verifcation o. hi
petition; and that If he had complied witt
the notice and submitted to the examina
ton his case would have been decided be
fore commencement of this proceeding
The commissioner also claims that a man
damus is not a proper remedy in such
case.
The answer Is dated and sworn to No
vember 8. 1888. and signed by William
Lochren, commissioner of pensions, and b
Assistant Attorney General Edward q
Whitney, as attorney and counsel.