The National tribune., 1894-01-18
JUSTICE LONGS CASE,
Justice Bradley Decides Against the
Commissioner of Pensions.

The decision in the case of Hon. Chas. ID.
Long against the Commissioner OF tensions
was rendered by Justice Bradley, of the su-
preme Court, last Saturday, and sustalns the
claim of the pensioner on every point, ana re-
verses that of the Commissioner OF PENSIONS
The following is the decision in full:
IN THE SUPREME COURT OF THE DIS
TRICT OF COLUMBIA.
THE UNITED STATES EX REL.
CHARLES ID. LONG AT LAW.
rs 81, S37.
WILLIAM LoCHREN.
This is an application by Charles D. Long,
Abe relator. for writ OF mandaIDuS TO oe oi-
rected to the respondent, William Dochlen' as
Commissioner OF Pensions, commanding MIN
10 revoke and vacate an order that had Deeh
issued BY him suspending the payment OF the
pension of the relator. In response to rule
10 show cause the respondent has answered
She petition at length, admitting that he
had made the order suspending the payment
of the pension of the relator, averTlng that
he had the power aud authority under the
law so TO do; that his action in the premises
was right in view of the pension laws ana the
disabilities of the relstor; that the reiatoF is
Ystopped to deny the right of the respondent to
take such action; that this Court is without
jurisdiction to direct or control his action as
an executive officer of the United States by
piaudamus; that If his order of suspension
were illegal, il is altogether nugatory and Vold,
and of no legal injury to the relator; aud thai
the remedy of the relsiOr (if ANY, Is by lnJunc-
ton. The reiaior in the late civil war enlisted
rs a private in Co. A, Sth Mich. Inf, on the eth
day Of August, 1861. He continued in this serV-
ice until the 23d day of June. 1862 when he was
bonorsbly dischar- ed. At the battle of VIII
mington Island, April 10, 1862, he received
sunshot wound in the left arm above the elbow,
the result of which was the amputatiOn OF that
arm Just below the shoulder. Simultaneously
with the wound that shattered his arm he re-
eeiyed another gunshot wound in the lett hip
the ball entering near the point OF the mp,
passing through the ilium and lodging some
where in the lower part of the body.
This MISSILE HAS NEVER BEEN EXTRACTED
The wound in the hip has never healed, and 1t
remained open and running at the date OF III
ing his petition in this matter. at times the
wound partially heals and clogs up, and 1t then
becomes necessary to probe it, such probing ex-
tending 10 the depth of six or seven inches
Undue exercise causes copious discharge from
the wound necessitating immediate change OF
underciothing and sometimes requiring the
change of outer garments. The wound re-
euires dressing twice day at least. and owing
Co the loss of his left hand. and TO the location
of the oriice of the wound at the point OF the
left hip, the relstor cannot readily reach 1t
with his hand. he can not properly dress the
wound himself and he needs the daily regular
attendance of another person for that purpose.
On the 2Sth day of February, 1863 the reiatOr
was regularly and legally placed upon the
pension-rols of the United States Pension
Office and upon the pension-rOis Kept at
the office of the United States Pension Agent
NJ oh rbara
always been paid. Prior to Aug. 16, 1879. sew
eTai pension certificates had been awarded TO
him, in varying and increasing amounts, as fol-
lows: Feb. rs. 1863. S. per month; Aug 70.
1866, SIS per month; Aug. %, 1872. SIS per
month: Oct. g. 1874 $24 per month; April 3.
1883. $50 per month; Aug. l6, 1884. $50 per
month. On the 10Th day of August, 1889. as 1t
IL admitted by the respondent pension GER
tihcate was regularly. and without fraud on
the part of the relator issued TO him. under
which. besides other reratings he was allowed
q pension az the rate of $50 per mouth
from June 4. 1874. aud at the rate of S92 per
month from June II, 1873. Payment of PEN
sion 20 the last-named rate has been male reg
usrly upon that certificate until September,
1893. when, npon application by the relator on
the 23d dag of that month for the payment of
pension, 10 the Pension Agent at Detroit he
was informed that payment of his pension had
been suspended by order of the respondent,
pending q special medical exam nation To de-
termine the present degree of disability, and
payment was refused. This suspension order
was made without any notice to the relator,
and without any opportunity to him TO be heard
10 opposition thereto. The only notice of any
kind given him was a direction, received by
mail about tile first day Of September. 1888,
from the respondent, 10 report himself for
medical examination 70 the Board Of Examin-
ing Surgeons in Detroit within three months
he DAT 0fn oti he hear nj
this matter the respondent has caused 10 he
left with the Court a paper signed by him,
denominated "a supplemental answer" in
which he states that in obedience to the recent
act of Congress. approved Dec. 81, 1893, he has
sescinded and revoked the order of suspension
iE the case of the reator. and has SO notified
him. The provision Of law 20 which reference
is made is found in deficiency bill. Its effect
is, that any pension granted under the law.
application made and adjudicated upon. shall
be deemed and held by all officers Of the United
States
TO BE A VESTED RIGHT IN THE GRANTEE,
10 that extent, that the payment shall not be
withheld or suspended until. after due notice
20 the grantee of not less than 80 days, the
Commissioner Of Pensions, after hearing all the
evidence, shall decide to anuul, vacate, modify,
u sci aside the decision upon which such PEN
tion was granted.
The respondent does not concede that he
acted without aui hority or excess of his lawful
power, when, about Sept. j, 1888, he suspended
the payment Of the pension of the relator.
He justifes that act by still relying upon his
answer regularly fled ia this proceeding, aud
chOOsingtO regard as retroactive an enactment
that does not appear 10 be so in terms. practi-
cally informs the Court, in this irregular man
ner, that il is not worth while 10 proceed fur
tber ia the matter, because, under the COM
pulsion Of this law. he has performed the act
that is sought TO be required of him by man
oamus Had the respondent admitted the
night OF the relatOr 70 the remedy sought and
regularly, By amended answer. Of record ia
the proceedings. made it 10 appear that since the
argument he had vacated the suspension
planned Of, the Court would have been relieved
Of the duty Of deciding the questions raised by
the record. But, inssmuch as the right of the
relator is still cOntroyerted, aud his right TO
his costs is dependent upon his right 10 the writ
st the time of institutiBg the proceeding, il is
necessary that the questions involved shall be
determined. la cases Of this nature il is the
personal default Of the respondent that war
rants the importation of the writ aud there is
no reason why the relator, il he maintains his
right 10 the remedy sought, shall not recover
Che taxable costs in obtaining his rights, not
A Natural Food.