Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-02-19
JUDGE LONGS PENSION
He Wants the Court to Restrain the PEN
sion Commissioner.
The Hearing Today Before Justice Co,
ON the Petition of Judge Long
of Michigan.

In Equity Court division 1, Justice Cox,
this morning the case of Judge Chas. d.
Long of Michigan against VIM. Lochren.
commissioner of pensions. for an Injunction
to restrain the commissioner from interfer-
ing with the petitioners pension, was heard,
Mr.. Hopkins for the complainant and As
sistant Attorney General Whitney for the
respondent. Commissioner Lochren was al
so present.
Mr.. Hopkins read the bill, reciting the sery-
ices of the complainant describing his pres
ent condition from his wounds, resulting in
amputation Of the arm, and stating that on
the 4th of last month Judge Long received
a notice from the commissioner of pensions
to the effect that the Office considered that
Judge Longs condition was not such a dis
ability as to entitle him to receive a pension
of $I2 a month, and that, therefore, the pen
sion would be reduced to $50 a month at the
end of thirty days unless Judge Long mean
time showed to the pension Office that he
was entitled to the larger rating. The petit
ton also set out that on the 4th of last
month Judge Long was restored to his rat
ing of $12 month. which had in September
last, been suspended, the petitioner alleging
that this order was made in order TO pre-
vent the granting of writ Of mandamus
compelling the commissioner of pensions to
revoke the order Of suspension. which mat
ter was then under consideration by Judge
Bradley OF the District Supreme Court who
had been asked by the petitioner to grant
the writ
The petition also recited that the writ of
mandamus had been granted by Judge
Bradley, but that petitioner had been in
formed by the commissioner of pensions
that he would. notwithstanding Judge Brad
ley's decision, proceed to reduce the rating
from S12 to $50 a month at he end of the
thirty days notice Alleging that he was
justly entitled to the higher rate and con-
tending that the rating could not now be
legally reduced, Judge Long prays for an
Injunction restraining the commissioner OF
pensions from In any way interfering with
| the present pension Of s72 a month enjoyed
by the petitioner.
The Commissioner's Answer.
At the conclusion of Mr.. Hopkins read.
| ing Of the bill of complaint Assistant At
| torney General Whitney read the commits
| sioner's answer, which, at great length
| denied most of the material allegations In
the bill of complaint. contending that the
| rights of Judge Long to his rating OF 81.
\ a month had not been prejudged or denied
but that in making the order of suspension
the commissioner of pensions had merely
| acted a judge did when granting a rule
| to show cause why certain things should
not be done. Referring to Judge Bradley.
| action in granting the mandamus the com
missioer answered that. having taken ar
| appeal from that decision. II could not t,
said to be binding mea. ,time Oh him.
Mr. Hopkins argued the case at consider
able length. and, in conclusion. held thai
| the present pension certificate is not as
sailable except for fraud. which has no
even been intimated. and that il is tn,
plain ministerial duty of the defendant L
| see to IT that this complainant receives hi,
present rate of pension regularly accordin,
to law, and without modification or dimi
mutton.
The Commissioner's Side.
At the conclusion of Mr.. Hopkins argu
ment at 12:55. a recess was taken fol
twenty minutes. and upon the reconvenin.
Of the court Mr.. Whitney proceeded to ar
que the case on behalf Of COMMISSIONS
| Lochren.