The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-01-18
A VERY OPEN LETTER.

The letter which Judge Long. of Michi-
sioner, now that his rating has been re-
stored and notice given in accordance with
the Commissioners construction of the re-
Gently enacted law to furnish new evidence
or again have his pension cut down, is
scathing review of the motive and conduct
of the head of the Pension Bureau.
Judge Long charges that his pension was
cut down. without new evidence upon the
complaint of an examiner who had been
sent to Michigan from Texas He shows
the reasons which the Commissioners gave
the public for his action to the effect that
''the rerating was fraudulent and rail-
roaded through, and was without authori-
ty of law" are not the reasons presented
in his defense in court, namely: That the
Commissioner has power to suspend any
pensioner without notice, and that the rat
ing was not warranted by the proof. He
tells the Commissioner that if his case
alone were in the balance when accused
of overreaching and fraud, he would have
let the matter drop, but scores of the
thousands who had been suspended under
similar conditions appealed to him to test
in the courts the right of the Commission
err to do so, and this led him to test the
Grand Army also desired that an appeal be
taken to the courts
Judge Long complains that the Commits
sioner compelled him to go to the expense
OF having his case argued before the court
ten days after the passage of the bill which
declared that pensioners shall not be sus-
his pension was restored and notice Of sus-
pension given because the Commissioner
feared that the court would deny to that
officers the right to deprive a pensioner of
his pension who did not make a new case.
In view of the course of the Commissioners
in his case, Judge Long tells him that he
has no confidence in him, and therefore,
refuses to appear before an examining
board whose report will be submitted to
judge who has already prejudged the case.
Judge Long calls the Commissioners at
tention to the eighteen rules adopted by
Lord Chief Justice Hale for his guidance,
to the effect that he must not PREJUDICE
any case. Referring to his own case, Judge
Long says that he is entitled to $45 per
month for the loss of an arm, and Com
missioner Lochren would add s. a month
for wound in the side which must be
dressed twice day, and which he, with
out left arm, cannot reach. That the
Commissioner may satisfy himself Of the
truthfuness of these statements, he refers
to judges of the Supreme Court of both
parties with whom he has served. Criti-
cising the construction which the Commits
sioner has placed upon the recent act of
Congress prohibiting suspension without
notice, Judge Long says:
OF how little avail would be the last act
of Congress If it is to be construed as you
claim. Under your construction of 1t you
could, by giving thirty days notice sus-
pend every pensioner on the roll and COM
pei them to make new proofs. If they
fail to do this within the time prescribed,
they would be dropped from the roll. 1t
has taken years to prepare and furnish
these proofs and with an army of clerks in
the Pension Office, IL has taken years to
read and pass upon them. Before new
proofs could be furnished generation
would have passed away and the great ma
jority of the soldiers now living would be
beyond the reach of earthly aid. Millions
of dollars are annually paid in pensions,
and you could, If what you claimed be
true, entirely suspend the payment OF this
vast amount of money within thirty days.
If you possessed such power as this then
you would indeed be greater than any
other man in this Republic.