The sun., 1894-03-04
A PENSION NOT VEsrKD RIGHE
Csnnissisasr LochreE's Reply to n Hssoia-
tIon of the HOUSE.

Csnaissisasr LoehrsE's Reply TO n Hssoia-
tIon az the HOUSE.
wAsHrsoroS March a-The Speaker laid
before the House to-day q communication
from tho Secretary OF the Interior submitting
a letter OF the Commissioners OF Pensions In re-
ply TO a resolution OF the House requesting
report as TO why the provisions OF the let OF
Congress approved Dec. 81 last had not been
complied with respecting certain cases re-
fer:sd to: why payments OF pensions In such
cases have been withheld since tho passage OF
the act and why notice required by the act
had not been given; also whether, under the
act as construed by the Secretary Of the Ints-
Tior and his subordinates. the payment OF a
pension temporarily suspended or withheld
prior to the passage OF the act must be made
without reference TO the cause Of suspension
or Withholding OF payment and the name OF
tho pensionsr again placed on the pension roll
before the notice required BY the act can be
given.
Commissioner Lochren, to whom the resolu-
tion was referred. says that the statement In
the pream BILE OF tho resolution. describing the
act as one declaring a pension a vested
right" is Inaccurate, arising, doubtless. from
the inapt and inappropriate use of the Two
words In the act. A vested right" cannot he
taken from the person having the right against
his will not even by Congress. EXCEPT per-
hAps. by the exercise OF the power OF eminent
domain. upon fill compensation. A pension
is bounty. continuing only at the will OF the
donor, and cannot, in tho nature OF things. be
ma ie vested right. for no congress can con-
troll the action Of q future Congress in respect
TO It,. Moreover the particular act In question
simply directs the procedure by which pen-
sions may be reduced or annulled.
He refers TO the decision OF Judge Cox in the
case OF lcng HRt IOehrsn. which treats eX-
hRustiysly OF the continuing power and CON
troll OF the Commissioner over the matters Of
PENSIONS. for the prevention Of fraud wrong
and Injustice. and saws that Ii contains much
that is germans to the subject OF this inqulTy.
His own opinion upon reading the pToViso
In the act OF Dec. II was that IL deprived
the Commissioner Of the newsr Of ordering
an tnteTloc dtoTy suspension Of the payment |
Of any pension ending al Investigation OF the |
right TO the pension or OF fraud on the part OF |
the claimant in obtaining IT, however clear I
and convincing the proof Of the iileGAlity or I,
fraud might appear Therefore he has or
toTed no Suspension since the PASSAGE Of the
act although cAses have been brought to his !
attention ThsTe pensioners SsTe dTa wing tSJ 7
pensions contrary 20 law, where widows we're i
continuing 70 uTaW pensions who had long I
since remarked aud mAHI Olhsr cases where I
me continued payment ot pensions was an I
evident ana IalpatIe fraud on the GOgeTnment /
but Whether the at Of Derrm her had the I
Effect "i recurring him 10 remove the susnsn- !
'ions pending al the passage uf that act and 3
srdpr The Payment OF the pension, so with 4
held O. De T.sunIs,l, presented a very serious I
question. There were several hundred aus
p led eases, invOlsipg shat - known As the Il
Norfolk fruuds.' and many othris In New
as1ie0. lowe. and Buffalo. n, \. 40 remove !