Evening star., 1894-02-09
The Commissioner of Pensions Fileo
His Answer Today.
The IMPORTANT Case REVIEWED
Allegations in the Suit for an lna
junction Denied. 4.
CORPORAL TANNERS ACTION

IN tne inJCnction case or Judge Chae. u.
Long against Commissioner Of Pensions
Lochren to restrain him from interfering
with complainants pension by reducing 70
from si2 TO $50 per month, the respondent
today, by Z. b. Whitney, assistant attpys
ney general. filed his answer AS to the al,
legations as to complaiaants capacity for
the performance Of manual labor, the com.
missioner AYERS that complainant IL able to
perform such labor as may be performed b.
a person having but one arm, and his ins
)ur1es have never been claimed to be greater
than admitted. He AYERS that by reason Of
the loss of one arm complainant is totally
incapacitated within the meaning OF the act
or July IA. 1892. as the words are construed
by him in his official capacity. but he BE-
iieves the matters stated In paragraph 2 Of
his bill do not authorize the payment Of q
pension at the rate Of s72 per month.
No Legal Status Now.
he AYERS that the certificate OF August Ia
1889. was issued irregularly and Illegally
and is nullity. and having surrendered his
certificate of May q, he does not now hold
any legal certificate and is not lawfully en-
titled to the payment of any persion untu
ne restores the last previous legal certtn-
cate which defendant is ready and willing u
allow He further AYERS that the last csr.
eincate was issued without any new evidence
OF PROOF and upon a mere rehearing by the
snen commissioner. and the certificate of
May was issued upon a mere rehearine
without new evidence or proof or the eyf-
aence upon which the then next prior certi-
ncate OF August IL, 1Ss4 had been issued
and upon which the complainant's first sub.
sequent application OF August 30. 1854 for n
rerating had been denied
by reason OF the two rehearings before
commissioner Tanner in the year lss9 ana
the increases OF pensions thereby obtained
oefendant AYERS that this complainant is
estopped from claiming that the commits
sloner OF pensions has no power to rehear
or reconsider the action of his predecessors
In the premises, and the defendant further
AYERS that IL a commissioner OF pensions
has no power to rehear application for q
pension upon the same evidence which was
before his predecessor. then. for that reason
also. the two pension certificates awarded
by Commissioner Tanner were absolutely
void and Of no effect.
Some Allegations Denied.
Answering the allegations OF paraeraDh
g. defendant denies that the order restoring
the complainanrs pension was not granted
by him in good faith. and denies that the
reason for the granting of the same was 70
prevent decision on the merits OF the
mandamus case or to enable this defend.
ant to institute proceedings under the sce
Of December Il. 1893; but defendant alleges
that the suspension of this complainant's
pension on July 23. 1879. was made in &C.
cordance with the laws then in force and
that under the act OF December q, lssB,
difficult questions arose as to whether said
act was applicable to pensions absolutely
illegal. but that after careful deliberatioo
the commissioner of pensions construed the
act as applying TO all pensions then being
paid, and in constituting said act held the
suspension of a pension to be a continuing
act, and therefore held that the act applied
to pensions then under suspension, tue
rot yet revoked, and under this construc.
ton of the law directed that all such pen.
sions should be restored, and that under
this ruling the pension of the complainant
was restored, together with those Of the
others In the same position; and that all
SAID rulings were made in pursuance OF the
defendants duties as commissioner Of pen.
sions. in good faith and upon careful COZ
sideration.
The answer goes on to take UP the v.rs.
Gus other paragraphs Of the bill OF com.
plaint and answers each In turn to pNove
that his attitude in the premises was var.
ranted by fact and law and in accordano0
with his duties as commissioner. The COM
missioner admits that IL is. and has been,
mis- opinion that complainant has never
been entitled TO a pension OF So a month.
Ex-Commfssioner Tanners Action.
The defendant denies. upon Information
and belief, that Commissioner Tanner in
granting the pension certificate OF August
l6. 1859. considered complainants applics-
tions and the reports which were then be-
fore him. and AYERS that no further proof
was before him in August, 1882 than had
been before him May 6. 1889, when the
certificate was issued raising complainants
pension to SO a month. The answer al.
leges that Tanner was not a physician or
surgeon and was Incompetent and had no
lawful right to decide without medical as
sistance the question whether such a wound
as complafnants was or was not curablA.
After making answer TO the other para
graphs the defendant prays to be dismasssG
with his proper costs in its behalf suos
tanned.