The Big Stone Gap post. [volume] (Big Stone Gap, Wise County, Va.) 1892-1928, 1893-11-16
an ANSWER
ErnSa Comm iasioneP Of reAsioRs Lsohrss
20 Judge Chas. d. Long Ia RefefsAss
60 the Lattcrs Pension.

30 Judge Chas. d. Long Ia RefefsArs
60 the La.tcrs Pension.
WASHINGTON, Nov. -CotnmissionSa
Of Pensions Lochron Friday mornins
fled his answer In the mandanus pro-
ceedings instituted by Judge Charlie,
d. Long, of Michigan The latter Wa
receiving pension Of e72 per month.
which Commissioner Lochreu suspend.
ed on the ground that Judge Long wxa
not entitled to 4 total disability pension.
The case was brought to the Dis
trict court of the District Ut Columbia,
tho last proceeding being "A order &c
Commissioner LoohrSo TO show cause
why be should not restore Judge Lon2
to tine pension roili COMMISSIONS
Lcchrcn admits that judge Long whs
legally placed on to. pension rolls but
denies that the certificate increasiEg
the pension TO 81 was regular aud la~'
sul
In defending the right Of the eon,-
missioner to suspend pensions, he as
serts that it has bee i the practice since
1910, when John &. Calhoun, as secre-
tary of war, in charge OF pensions, az
erciscd the right; also. that Secretary
Zach Chandler suspended pensions N
Pennsylvania and New Jersey i'll 1873.
on account Of Irregularities By claim
agents. and that the same year staad-
ing order Was adopted regulating sus-
pensions, reductions and dropping from
che rolls, and that such action is d.
partmsntal construction Of legislation
~ hicn il conclusive. The coruInission or
ast crts that such construction IS ~.
visablc only BY the secretary Of the
interior. and can not be restrained OF
controlled by any court
Judge Longs only remedy Is an ap-
peal 70 tho secretary. Having ores
name on the pension roll. nays the COM
missioner. does not constitute prop
erty right. but comprises the privilege
OF receiving o bounty from the govern.
ment so long as that person. in TIE
judgment Of the commissioner, bolon,l
to The class OF pcrponS designated -
congress cs the proper recipient II
United State, bounty. The Issuance
oG 81 pension certificate is not conc!n-
sivc adjudica tioi, but subject to revic "
and invest;gd ton. Such Investigations
must bc executive, and ~, Judicial
The commissioner insists TINT his ri!-':t
to rule his own or predecessors acton
has been conceded by Judge Long. AMI
had been invoked by him frequently.
with final succcSs.
He then gives in detail the arpropri"-
tions and acts OF the pension bureau IL
TIE pension Of Judge Long. conn,eno
ing in lsc2 and ending in 1850, WHOM lie
received sT2 per month With arrearageS
The commissioner says this decision ct
Commissioner Tanner WINS induced by
error Of fact IA we'll Rs Of law" For
tho rcasonA, tho commissioner clnilas.
that Judge Long IS eStopped from
claiming that the commissioner laa TO
power TO reconsider the action OF h:s
predecessors, as tho rohearincn and In
creAscs given him were reconsiderGtiols
Of former commissioners
The commissioner says that the pea
sion paid Judge Long IL for total do
bility. and THAT Judge Long i, :Aot { =
eblcd but Is drawing Il large SAIL /
from the state Of Michigan. The f..:-t
that Judge Long did not appca7 h,io; 3
a pension examining bc2r.i 40 thnt IA =
ease might 10 settled by the comm -
sioner is given ss reason why tho
nandanus should he denied.
Further, this court has no jur:sdio-
tiOn to grant p rlAndalntL'. except TO
perform statutory act. II the order
Of the commissioner h Illegal judge
Longs remedy II d suit for in JUNCTION.
The commissioner asks that tho pro.
ceodings be disslrissad.