St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-03-01
JUDGE LONGS FAT PENSION
JUDGE i0eH2Eg rs RESTRAINED
FROM REDUCING "
BY THE ORDER OF JUDGE COKE

While an Injunction is Granted
the Michigan Judge. the OPin-
lon on the Whole Is Against
Him -Lochren Wins on the
Main Questions in Issue-Long
Will Appeal.
WASHINGTON, Feb. 2S.-Jndge Coke,
OF the district supreme court, today
granted the injunction asked for by
Judge Charles d. Long, Of the Michi-
gan supreme court, to restrain Com
missioner of Pensions Lochren from
reducing his pension from ST. tes 500
month, as the commissioner an
nounced he would do. While Jndge
Long is granted all injunction the
opinion of Judge Coke, on the WHOLE
appears adverse TO him. The injnnc-
ton granted is given on techpical
grounds. the judge stating that he Is OF
the opinion that the colnmi Ssioner OF
pensions has not given the actual thirty
days notice of suspension or reduction
Of pensions required by the act Of Dec.
q, 1898. On one Of the main questions
in issue, viz, the power OF the commits
sioner OF pensions 10 review and revise
the action and ruling OF his predeces-
sor. the decision is in favor Of CommIs-
sioner Lochren, Judge Coke stating that
Commissioner Lochren has this power.
A large part of the opinion was taken
up with review Of the facts set forth
in Judge Longs petition ana the pro-
visions of acts Of congress fixing PEN
sion rates.
Commissioner Tanner, it said, re-
versed the ruling Of Commissioner Dud
ley OH Nav G, 1889, in Judge Longs
case. and directed that the judges pen.
siUn be raised to S72 month. The Rp-
plication for pension on file in
JUDGE LONGS CASE
based the claim TO pension on incapacity
10 perform manual labor. Judge Cox
then takes up the meaning Of the total
helplessness," which is one of the re-
quirements Of allowing pension rating
of $72 month. These words, he says.
mean that person cannot help himself
in any Of the ordinary occupations OF
life or ordinary functions. Regular
personal aid ana attendance of another
person must be required. 1t appears,
said the opinion, that the petitioner is
able TO travel, and therefore he is not in
the ordinary sense of the words totally
helpless. The increase OF the pension
of Judge Long was made without addi-
tional evidence and on a personal in
specton. No authority is given COM
missioner Of pensions 10 decide the rate
to be allowed on his own personal in
spection. Neither Commissioner Dud-
ley nor Tanner had the right to consider
the applications Of the claimant for in
crease IN the manner they did. 1t would
seem that the present commissioner
has the right to disregard the act of
either Of these predecessors in Office.
Where money Is payable ont of the
treasury" continued Judge Cox. Il
find nothing which denies the right of
any officer to correct the error of his
predecessor, so long as the money is
still in the treasury. There is no con-
ceiyable reason why any ruling of any
public officer is lrreyersible. Each has
The right 10 give his construction TO
matters over which he has control.
A PENsIoNER
has not vested right in pension issued
without authority. The government
cannot sue TO set aside a pension. The
remedy Is with the commissioner, whose
duty II Is 10 see that the bounty is not
abused. The usage Of the pension
office seems TO be to reconsider pension
decisions. and the statutes recognize
this. The commissioner, according TO
statute. has the right TO order special
examinations and to increase and re-
duce pensions. The fact that the pc
ifrd.
not presented to Commissioners Dudley
and Tanner, but was made known to
Commissioner Loehren. This occupa-
ton Is. contrary TO the contention of
the petitioners counsel, very material
on the Issue as to total helplessness."
The mandamus proceedings before
Judge Bradley were next taken up. and
these it was held did not constitute an
adjudication binding on the present
proceedings, as then all the facts in the
case were not brought out.
The commissioner cannot," con-
cluded the court, ''be enjoined, as
prayed, from in any way reducing or
attempting TO reduce or modify or dis
turb the pension, or its regular and
prompt payment under his pension Ger
tIhcate Of Aug. Is, 1889.
The act Of Dec. q, 1898, amounts to
nothing but prohibition Of suspeading
or withholding a pension without Civ
ing at least thirty days notice that the
pensioner will be heard, followed by
decision on all the evidence presented.
1t is admitted that such notice was not
given Ill the present. case The law is
mandatory IN this respect, and leaves
nothing to discretion. Hence, if the
complainant insists upon il he is en-
titled 10 the Injunction against further
proceedings by the commissioner under
the notice that was actually served.
although not 10 the relief to which he
asks, based on the merits of his claim TO
his existing pension"
Judge Longs counsel will appeal
from the decision.
LANSING, Mich, Feb. 2S.-To the
Associated Press reporter Justice Long,
OF the state supreme court, declares his
purpose To have Judge Coxe's decision
in support Of Commissioner Loehren's
position that his pension should be re-
duced from S72 TO $50 Der month re-
viewed by the court Of appeals, and
taken finally to the United States su-
preIne court if necessary. He makes no
comment OF the Coke decision, but de-
sires to have the question settled be-
yond appeal.
HOT PENSION TALK.