The Indianapolis journal., 1894-02-01
NOT VESTED RIGHTS
Opinion of Deputy Commissioner
Bell Regarding Pensions.
Senator Voorhees, Candidate for Post
master at New Castle Appointed
by the President.

WASHINGTON. Jan. 31.-H. c. Bell, dep
uty Commissioner of Pensions. has written
the following letter to Congressman Cald-
well, OF Ohio:
"Sir-Your letter of the Sth instant, touch
ing the pension OF -, has been received.
You state that the deficiency appropriation
bill declared pension vested right; ana
that inasmuch as the claimant dld not oD-
tain his pension by fraud, but merely by
virtue of the generosity OF the former rul-
ings Of the Pension Bureau, the pensioner
should be. by virtue of the above indicated
act Of Congress, restored 10 the pension
rolls.
'.Ir reply, have TO state that on the 1st
day of July, 1893. the pension agent at Co
lurnbus, o., was instructed 10 suspend pen
sion In this case, and sixty days notlce
was given to pensioner to show cause why
he should not be dropped from the rolls,
on the ground that papers in his case did
not show that ne was incapacitated from
earning a support by manual labor in such
degree as to entitle him TO pension
under the act of June 20. 1850, and on Dec
9. 1893, pursuant TO the above sixty days
notice. claimants name was dropped form
the rolls on the ground that he was not
disabled in a pensionable degree from earn
ing a support by manual labor under the
act of June q, 1890
1T will thus be seen that the customary
notice OF sixty days had been given TO
claimant before his name was dropped from
the rolls: in fact, as he was not dropped
and his name was dropped from the rolls
before the act of Dec. q. 1893, to which you
refer in you letter, was approved. As the
said act Is not regarded as retroactive, 1t
could not, OF course, include cases in which
the complete action of this bureau under
former practices had been taken before it's
passage
You further state in your letter that this
act declares a pension vested right, but 1t
Is not so regarded by this bureau. The law
states that any pension heretofore, or that
may hereafter be granted to any applicant
tnerefor under any law of the United
states authorizing the granting and pay
ment of pensions on application made and
adJudlcated upon, shall be deemed and held
by all officers of the United States to be
vested right in the grantee to that extent
that payment thereof shall not be withheld
or suspended until after due notice of
1T is plain that this law does not make
"a pension vested right except in so far
that the pension shall not be withheld or
suspended until after the expiration of at
ieast thirty days notice. This act does not
make pension vested right, except that
II compels the Commissioner of Pensions
TO give at least thirty DAYS notice before
pension can be withheld or suspended.
IL Is true that the pension in this case
the 1st of July, 1893. but he was at that
time, under the long-established practice of
the bureau, given sixty days notice to
show cause why he should not be dropped.
and he was really given 131 days; and,
having failed TO show to the satisfaction
or this bureau that he was in fact inca
pacftated from earning a support by man
ual labor In such degree as to entitle
him TO pension under the act of June q
1890 he was, as above indicated, on the 9th
OF December last. dropped from the rolls
Therefore, there is nothing now before
this bureau upon which the Commissioner
or Pensions can legally act; and the only
course open for the claimant is to file an
application for restoration to the rolls and
new declaration for pension under the
act OF June q, 1890, and submit the neces-
sary proof, and have medical examina-
tion to show that ne is entitled to such pen
sion.
ION receipt of such application or dec
laration the matter will be given further
consideration"
Commissioner of Pensions Lochren has
hled an appeal to the Court of Appeals OF
the District of Columbia from the recent
adverse decision in the case brought against
him by Judge Long, of Michigan Judge
Long has flied bill to compel the Commits
sioner of Pensions to continue his pension
OF SI2 a month. notice having been served
on Judge Long that its payment would be
SuSDen1ed after thirty DAYS -,