The National tribune. [volume] (Washington, D.C.) 1877-1917, 1894-08-23
JUDGE LONGS PENSION,
The Secretary of Interior and the Commits
sioner of Pensions Flo Answers.

sioner of Pensions Flo Answers.
Secretary of the Interior Hoke Smith and
Commissioner Of Pensions William Lochren has
made answer to the fale to show cause why
writ of mandamus commanding them to vacate
and reverse an order reducing the pension of
Judge Charles d. Long. of Michigan, from S72
to $50 should not issue, as prayed by Judge
Long OIL Aug. 4.
Commissioner Lochren's answer reviews the
history of this pension case with the successive
stages by which the pension was granted, raised,
and finally reduced. eft
The main contentious which Judge Lochren
raises is that the construction given by the
Commissioner of Pensions to the pension legs-
laton of the United States is renewable only
by the Secretary of the Interior and not by the
courts, and that his action i'll revoking modi-
flying pension is III performance OF duty
cast upon him by law, and involving the eXer-
else of discretion by him which cannot be re-
strained by any court. Judge Lochren also
contends that the Circuit Court of the District
has jurisdiction to grant a mandamus
against public official except to direct him 10
perform specific statutory duty, and that he
is subject TO 70 specific statutory duty 10 re-
woke the order complained of by the relator.
If the order made by him is illegal, the answer
declares, it is altogether nugatory and void and
of no legal injury to the petitioner. Judge
Lochren, therefore, contends that the remedy,
if any, must be in equity by suit for injunc-
ton.
Secretary Hoke Smith in his answer states
that the Interior Department is organized
under plan which confers upon the Com
missioner of Pensions authority to hear and
determine all applications for PENSIONS and of
increases and reductions of pensions. Appeals
can ne taken to the Secretary from decisions OF
the Commissioner allowing pensions or grant
ing reductions or refusing increases. These
appeals come before q Board of Pension APP
Ia in be off, of n
number of members presided over by the Seq
ond Assistant Secretary. The Board of Pension
Appeals, thus organized, hears and determines
appeals from the Commissioner of Pensions,
with reference to the Secretary in person only
of cases of exceptional Importance.
In the case of Judge Long the answer says,
no appeal was entered TO the Secretary of the
Interior, aud the decision complained of is that
Of the Commissioner of Pensions alone
Secretary Smith denies that he is proper
party to the procedure for writ of mandamus,
and AYERS that he had no knowledge of the
suspension of Judge Longs pension. and 10
knowledge of the grounds of the suspension
until after the first application for manda-
mus by Judge Long against the Commissioner
growing out thereof. According to the respon-
dent, Judge Long by failing to appeal from
the action of the Comm issioDer and by apply
ing for mandamus against the Commissioner
led Secretary Smith to suppose that lie had
abandoned all idea Of appealing TO the De-
partment from the decision of the Pension Bu-
reau.
Continuing. Secretary Smith claims to show
that Judge Long, not having exercised his legal
right Of appeal from the Commissioner Of Pen
sions, according to the rules aud practice Of the
Interior Department, and having failed TO
make any demand whatever upon the Secretary
of the Interior for action in the premises, the
procedure against him is premature.