The National tribune., 1894-02-15
LOCHREN REPLIES.
Now Declares Longs Pension Certificate
Illegally Issued.

Now Declares Longs Pension Certificate
Illegally Issued.
Commissioner of Pensions Lochren has filed
his answer to the petition tor an mi JUNCTION re-
Gently presented by Judge Charles d. Long, of
Mich gan, to prevent the reduction of his PEN
soa from So to $50 per month, or from pro-
cecding further under the notice which was
issued to him Jan. 3, 1894. to produce additional
proofs in support OF his right to the former
rating.
The question of Judge Longs capacity, which
has been the subject of so much contention
during the trial OF the case, is dwelt upon in
the answer, the Commissioner holding that
Judge Long is capable of performing labor as
far as could he expected of man with one arm.
He denies that Judge Longs pension certificate
regularly or legally issued. 1t is further
alleged that upon the acceptance Of this certlfi-
cate complainant surrendered his prior certIt-
cate issued May 6, 1859. and that consequently
Judge Long nnw hGids no legal pension certifi-
cate and is not entitled to the payGieGt of any
pension until restoration aud acceptance by him
Of the last previous legal certificate, which the
Commissioner declares himself always ready
and willing TO allow upon the surrender of the
illegal certificate.
by reason of the two rehearings before Com
missioner Tanner in 1853, and the Increase of
pension thereby obtained, the Commissioner
claims that Judge Long Is cst0pped from claim
ing bat the Commissioner Of Pensions has no
power to relear or reconsider the action of his
predecessors. He farther suggests that If q
Commissioner of Pensions has power to re-
hear application for pension upon the same
evidence which was before bis predecessor,
then, for that reason also. the two pension
tfcates awarded by Commissioner Tanner to
Judge Long were absolutely void.
Ia regard TO the claim made that the order
restoring Judge Longs pension was not granted
in good flith, Commissioner Lochren denies the
allegation aud also denies that the reason for
this action was To prevent decision the
merits of Judge Long IS maudamus proceedings.
After reviewing his statements made in the
recent hearing before Judge Bradley, which
WIS decided against him, The Commissioner
asserts that he only claimed Jurisdiction To re-
Send a pension III so far as that when any GER
tfeate issued by Commissioners of Pensions
Was absolutely without jurisdiction in fact. or
jurfsdsctional findings. and mere nudity npon
IT'S lace, it was The duty of the succeeding COM
missIouers. on having their attention called to
the fact. TO treat the certificate accordingly.
The Commss ioner admits that, prior TO the
issuance of his order OF July %. he made an ex
parte examination of all the evidence on file in
the Bureau of Pensions in the case of Judge
Long. and that. without the aid or assistance of
the presentation of the facts by this complain
ant or us counsel. he decided that complainant
wa rot entitled 10 as high rate Of pension as
WAS granted him by the Illegal and void certif-
cate oi aug l6. 1-e9, and asserts that said de-
cslon was openly and publicly and not secretly
made.
lie Commissioners AYERS that the question
thus decided was simply whether this com
piainant should be required 10 sbow cause why
his pension should not DO reyok ef with ad in
term payments to him under tie said ceTtf-
cate according 70 law and TO the immcmoriai
custom aud practice Of the Pension Office; and
that no official iecjs of the question was
then or ever since has Teen made, nor WAS tho
case IN that sense prejudged but that his action
precisely analogous 10 that OF Judge who
grants rule issue to show cause why
temporary IBj Junction should not be granted,
and the Comm issioner AYERS that no final decis-
ion viii bs maGe by him in the case of Judge
Long until after the expiration Of tie 20 days
notice given b N on Jan. 4. 1894 and that all
evidence as 10 matters of fact and arguments rs
to matters OF law that may be meanwhile pre-
scented by Judge Long will he fully. fairly. aud
carefully considered by the Commissioner of
Pensions.
Com III ssi oner LociTen declares further if The
decision in the premises shall be adverse to
Jrd2e Long, the complainant will have the
right 10 appeal thcrefrom TO the Secretary of
the interior. and that the decision of said Sec
rotary of the Interior therein will be fuaI and
SD ject 10 no further appeal, but that If any
application to the courts in the premises were
IN any case permissible, defendant is advised
and believes that such application is premature
PRIOR 10 the fna' decision by said Secretary of
the Interior; and the Commissioner respect
fully ayers that the court has no jurisdiction to
eDjoin him from exercising bis statutory au-
thority.
The Commissioner admits ttat the evidence
upon which he acted in suspending Judge
Longs pension, aud serving notice upon him,
was the same as that before Commissioner
Tanner upon tie applications of May and
August, 1859, with a minor exception. aud that
the evidence before Commissioner Tanner was
the same IN every respect as that acted and
passed upon by William w. Dudley, Commits
sioner Of Pen ions, in Issuing the pension GER
tifcate of Aug is. 1884 and denying this COM
plainanPs application for a rerating made Aug.
80 1884
Commissioner Lochren declares it to be his
opinion that Judge Long has never been en-
titled TO pension Of $12 per month, aud that
If he ever had been entitled his pension had
been reduced to $50 month by the act OF July
Ia 1892.
The Commissioner declares his belief that no
further proof was before Commissioner Tanner
on Aug. IL 1889 than had been before him OH
May Is. 1889, when the certificate issued