The National tribune., 1894-01-04
AN OPEN LETTER
To the Commissioner Of
Pensions.
Hon. EfLliam Lochren.

planning bitterly of the Interpretation placed
| by the Pension Bureau for the last few
months on the phrase incapacitates them
from the performance of manual labor"
We understand fully that Congress in its
wisdom placed the meaning of any language
it might employ in a pension law within
the discretion of the Secretary of the In
terror, and through him in his subordinate,
the Commissioner of Pensions. With the
exercise of this discretion even the high and
mighty Supreme Court of the United States
which holds taut rein upon every other
branch and official of the Government, has so
tar never attempted to interfere. The Secre-
tlry of the Interior and his Commissioners
of Pensions enjoy the distinction of being
the only functionaries in our political sys-
TEN who are both judges and executants of
the law, who can place their own construc-
ton upon an act of Congress, execute 1t as
they see fit, and be their own courts of last
resort to decide whether they have done
properly.
But while admitting the distinguished
ability which this plenilude of powers would
imply, we still cannot smother the surprise
that the present Interpretation of the clause
should be such variation from the prac-
tice of the Bureau for the century and more
before you took charge of it. We have not
been at all backward in recognizing your
eminent legal abilities, and have done our
share, we think, in informing the country of
the reputation you enjoyed In the legal pro-
fession of your own Safe. But as there
"were brave men before Agamemnon," so
there had been long line of very able Com
missioners of Pensions before you entered the
Office, and without exception they took
widely different view of this question of
ability to perform manual labor from that
which now obtains in the Pension Bureau.
If from the fathers of the Government down
to last March they were all wrong and the
present practice right, then this country Is
hopelessly slow in learning what is right.
Then, too, 50 Congresses have, in one way
or another, passed upon the acts of all these
predecessors of yours, and Endorsed them in
the most unmistakable way by giving them
great amounts of money to expend accord
ing to their interpretations of the laws. In
all they have given the various Commits
sioners some $1600.000 900 to disburse.
The last Congress before this one, with the
House controlled by strong majority of the
political opponents of the thin Commits
sioner, gave him some S320,O0O,0G0 to spend
according to his Interpretation of tie laws.
Can it be possible that all this host of
officials and Congressmen were wrong,
and you alone are right? We are not yet
prepared 10 admit it.
Thousa nds of instances have been reported
where men who are at frequent intervals
confined to their houses. and even to their
beds, and yet are decided not TO be incapaci-
tated in pensonabIe degree from the per-
formanee of manual labor. A case was
brought to the attention of the House Of
Representatives recently of a man in South
Dakota who had to be carried by his COM
rades on stretcher to the distant town
whittier he had been ordered for re-exami-
nation. Several instances have been brought
to our attention where men have died of the
diseases for which they we're pensioned,
between the time of their suspension and
that set for their REORGANIZATION.
Allowing the widest possible boundaries
to the Commissioners discretion, these in
stances, and others much less marked can
not be regarded otherwise than as ffustra-
tions of the purpose of the law. tits we'll
settled legal principle that /" remedial stat
utes must be construed literally" The
benefit of any doubt that may exist must be
given the men to whom the law applies, and
not every advantage taken to exclude them
from its provisions.
This is expected by the Lawmakers. N
framing a pension or other remed al law,
they anticipate and provide for its being con-
strued with the utmost liberality, in accord
ance with the invariable practice with such
| legislation. To construe q pension law
most strongly against the claimant is a
legal monstrosity-evenm more of one than
TO construe note, contract, or deed in
| favor of its maker.
1t is beyond the strongest credulity that
Congress ever contemplated that there
should be such harsh construction given
of the manual labor provision that it now
receives. All the debates prior to the pas
sage of the laws and the practical sanction
given to the liberal construction by thu
appropriation of great sums of money Il
carry it out is evidence of mountainou!
weight against this narrow, severe and erue
Interpretation of the intent of those laws.
1t is in effect substantial repeal or multi
feation of laws, not by Congress, but BY
subordinates and servants of Congress.
| ia new legislation and that by an admins