Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1894-03-01
DEFEAT FOR JUSTICE LONG.

On the Merits nj His Pension Case Judge
Coz Decides Adversely.
WAsHJsGToN, March lin deciding the
Judge Long pension case favorably to the
government as represented by Commits
siOhcr Of Pensions I.och.en, Judge Cox, of
the District supreme court, made a re-
view Of the facts set forth in Judge Longs
petition and the provisions Of acts of con-
gress fixing pension rates. Commissioner
Tanner, he said, reversed the ruling of
Commissioner Dudley on May 9, 1889 in
Judge Longs case, and directed that the
judges pension be raised to ss2 month.
The application for pension on file in
Judge Longs case based the claim for pen
sion ON incapacity to perform manual
labor.
Judge Cox then takes up the meaning of
the total helplessness,' which is one of
the requirements Of allowing pension
rating Of <s2 n month. These words. he
says. mean that person cannot help him
self In any Of the ordinary occupations Of
lie or ordinary functions. Regular per-
s0nal aid and attendance Of another l,er-
son must lie required. It appears, said
the opinion, that the petitioner is able to
travel ami therefore he is not in the or
denary sense Of the words totally helpless.
The increase Of the pension of Judge Long
was made without additional evidence aud
On personal inspection.
No authority is given u commissioner OF
pensions to decide the rate to be allowed on
his own personal inspection. Neither COM
missioner Dudley nor Tanner had the right
to consider the applications of the claim
ant for increase in the manner they did.
IL would seem that the present commits
IRiS hnuu svhA An
If either Of these predecessors in Office
"Where money Is payable out Of the treas
ury," continues Judge Cox, II find moth
ing which denies the right of any officer to
correct the error Of his predecessor SO long
rs the money Is still in the treasury
The judge supports Lochren in every
point all through the opinion, declares
Judge Longs occupation rs justice of the
Michigan supreme court very material
On the issue - % total helplessuess. aud
conclu .es: The commissioner cannot he
enjoined. as prayed. from in any way re-
ducinx or attempting to reduce or modify
or disturb the pension or its regular aud
prUmpt payment under his pensi00 certifi-
cate Of Aug. 10, 1850. The act Of Dec. Il,
1SU. amounts to nothing but pruhibi.
ton 0f suspending or Withholding q PEN
sion without giving 1t least thirty days
notice that the pensboner will be heard,
followed by . decision on all the evidence
presented
1T b admitted that such notice was not
given h tAe presut case. Tho law Il
mandatory In this respect and leaves
nothing 70 discrstion. Hence. IL the COM
| plainant insists upon IL he is entitled to
the injunction against further proceed
tnp by tie coOminuioaer under the notico
thaf wna arsuallv served although nn& En-
tie relief which b asks, based on IL
merits oe HI claim to his existing pen
sion"
Judge LOng's counsel viii appeal from
IL decision.
Wig Wright Thin1s 1t W0a1A Net n.
WASHINGTON. March Tia opposing the
trades union idea II having . national
!sbor department Carroll d. Wright. COM
uisstuner u labor, said that to have the
l cuna0tGDtong q lnbug n The cabinet h