The National tribune. [volume] (Washington, D.C.) 1877-1917, 1893-12-28
LONG VS. LoCHREN.
Argument Made Before Justice Bradley In
the District Circait Court.


Argument Made Before Justice Bradley in
the District Circait Court.
The test case brought by Justice Charles ID.
Long, of Michigan, against Commissioner
Lochren for msndamnsato compel the Com
missioner to restore him to the full rating was
before Justice Bradley, Of the Supreme Court
of the District of Columbia, Friday and Satur-
day. Justice Bradley is sitting in the Circuit
Court, and the case came up an order for
the Commissioner to show cause why the man
damus should not issue.
In the opening argument Mr.. Thomas g.
Hopkins, of Michigan. attorney for Justice
Long, first touched briefly upon the legal aspects
of the case, then he vigorously attacked the
pension policy of Commissioner Lochren, VINO
was sitting at his elbow.
Pension legislation, he said, was founded on
the gratitude of the Nation, designed for the
care and maintenance of her manned defend
ers. The first Administration of President
Cleveland was referred to Indirectly as narrow,
illiberal and parsnonious toward the soldier.
In 1888 change came about and the high tide
of liberality was reached in the act of 1890.
"There was disposition to help the soldier
obtain his pension instead of keeping him cut
OF it. But eight months ago there came a
change, and to-day if soldier comes to me to
ask how shall prove claim under the act OF
$780, l must say: j do not know. Rules
have followed rules, until no man can keep
track of them.'"
By one stroke of the pen the Commissioner
had made an order which brought suffering
upon thousands Of veterans.
The Office of the Commissioner of Pensions
was statutory one. with duties and powers de-
fined by law and in making suspensions he
must point out explicit statutory authority for
it.
Assistant Attorney General Ed b. Whit
for Inr awadt n
the predecessors in the case, and called atten-
ton to the fact that Gen. Dudley had allowed
on the application for an increase to S72 from
$3.50. and that Commissioner Tanner had re-
viewed this action. aud, no new evidence being
presented, had directed increase to $72 per
mouth. If this power WAS held, the respond
| ent certainly had the power to suspend the case,
pending n review.
Judge Sco6eld, said Mr.. Whitney, had decided
that it would not do to pigeon-hole evidence
OF fraud, and the learned Judge had disclosed
that pending investigation into alleged
fraud irreguarity in obtaining a pension
the pension could he suspended.
Attorney F. A. Baker, of Detroit, continued
the argument the second day. He is Demo
crat, but he scored severely the Democratic
Admin istration of the Pension Bureau, or, as
he expressed it. the Administration of those
who profess to represent the Democratic party.
He desired to call attention to the incon-
sistency of the opposing counseps argument.
AS matter of law it must be accepted that
the certificate issued to Judge Long was a valid
one. They hal declared that the right to a
pension depended upon ones ability to perform
manual labor, and then they had argued that
Judge Long drew his salary as Judge of the
Supreme Court of Michigan. The ability to
sit the bench did not imply health or
strength sufficient to perform manual labor.
he argued that the construction Of the Com
missioner on the meaning of the words soon
s AIT Attendance" in tie act OF 1892 was in
correct. He thought that the dressing of
wounds twice dey for 30 years was sufficient
warrant for constant atteudance.
pension once granted was pension always
so far as the power of the Commissioner was
concerned. A mans bounty should not be taken
away at the caprice and the will OF one man.
Congress did not contemplate that.
Considerable ill-ieeiiug became mani tested
between the attorneys, aud at the close Judge
Bradley reserved his decision.