The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1893-08-01


this time, and explains the policy Of
the administration regarding the sus-
pension Of pensions. After some per.
suasion Judge slagle was induced to
furnish 1t for publication. The letter
is as follows:
DEPARTMENT or THE INTERIOR, |
WARRINGTON, July %, 1893. !
Hon. Jacob F. ,staok, PtasburOh, Pa
Ny DEAR SlR:-In accordance with
your request OF July, 1893. enclose
herewith copy Of the decision rendered
May 81, 1903, ia the case of Charles I.
Bennett, constituting section 2 Of the act
CT June 27, 1890, with accompanying
order Of the honorable secretary OF the
interior. Your inquiries concerning
suspensions arc reasonable. From the
temperate tone manifested by you it is
but another illustration OF your we'll
known reputation for judicial fairness.
A reply is demanded Of me in the
same candid spirit,
The suspensions to which you refer
have been made by virtue OF an order
OF the secretary based on the ruling
filed by me in the Bennett case which
holds in substance that q man who is
able to earn support by manual labor
has no title to pension under
section Q Of the act Of June
27, 1890. This opinion wus ap.
proved by the secretary Of tho interior
and the attorney general aud | have
never heard its soundness questioned.
Tho action OF Commissioner Raum fix.
Ing rates under this act ignored tho
essential basis OF pensionable statue
the inability to perform manual
labor. And further, all evidence which
might have shown tho pensionable dis
abilities the results Of vicious habits
was not required, and thus by the Or
ders and rulings OF the commissioner,
the law OF June q, 1890. was super
seeded.
As early as August 8, 1892, in tho case
OF Washington Borden, reported in
Pension Decisions (vol. 6, psgD 10), As
sistant Secretary Busy ruled that the
disability which gave title to pension
under the act OF June q, 1890, was that
which incapacitated for performance Of
manual labor in such a degree as
rendered the applicant proportionately
unable to earn support and that
man who Is able to earn support
by manual labor has no title to pension
under said act. Again, in tho same
volume, page 1893, in the case OF Henry
H. Weike (copy Of which l send you)
the same principle was in substance
announced and the practice OF tho pen.
sion bureau under this act and the
order OF Commissioner Raum, by
which disabilities not OF service origin
were rated the same as like disabilities
which were OF service origin for
the purpose OF making a rate under the
act OF 1890, was repudiated. The COM
missioner was told in this opinion that
the order as approved by tho depart
ment had been misconstrued by the
bureau and he was directed to observe
as the basis for pension under the act
OF June 27, 1890, the inability Of the ap.
plicant to earn q support by manual
labor. The opinion in the Bennett
case promulgated no new principle;
it simply affirmed the construction
announced by my predecessor. The
secretary Of the interior, finding the
erroneous order OF Commissioner Raum
unrevoked and the claims adjudicated
hereunder unquestioned, could not do
otherwise than revoke that order, pro-
vide new ono in accordance with the
act for future practice and order q re-
examination Of prior adjudtcations to
correct all errors.
You will observe that the order OF
Commissioner Raum was approved Oc-
tober 10, 1890 It's error was not ex-
posed until January Z, 1903, after 32l,.
1870 cases had been adjudicated in pur-
suance thereof.
Fidelity to tho government and
equal justice to those soldiers whose
claims were not adjudicated January 7,
1893, when the department pointed out
tho error Of the bureau-dtmandcd that
there should not be one construction Of lle idtU
for 32l, ,130 pensioners, and another for HLe
remainder Dhoss claims were ddiudicdted,
This administration would have been
q party to porpetuadng monstrous
wrong to tho nation aud to q claas OF
Its pensioners under tho net Of 1890 II
these 991, ,l30 claims remained uncx.
alnfned.
A board Of rcyision has boon estab.
lished In the pension office for the pur-
poso OF revising tho former adiudica.
ton uHdoF tho act oil 1890. Tho nom.
bors Of this board arc not all Democrats.
Tho chief is a Republican, and the med.
ical reioreo during tho administration
Of Benjamin Harrison is q member
thereof. ThoBo occur TO mo as write;
how many others are oi tho sano po.
litical faith | do not know, but no hon.
est ponsionOr need DO alarmed by thoir
activity, as they are instructed TO carry
out tho law rs construed BY both nd
ministrations and nothing moro.
The present practice relative 10 sns.
pensions Ia not nov, but strictly In ifno
with tlut hitherto prevailing, and may
be fully stated In n few words: Such
action is generally taken by tho coin.
missioner Of ponslohs, although Of
course similar power Is vested In the
secretary OF tho Interior aud tho assist.
ant secretary. II is regulated by law
and srriCt conformity TO tho statutory
requirements Is enforced, whether tho
clnlm no under tho aCt Of Juno ~, 1890,
or ono undUr tho general Law.
! am RmHEod TO hear II said thut
judgment 10 pronounced on suspended
pensioners IN advance Of d full hearing,
whom the present practice 10 sanctioned