The National tribune., 1894-01-11
LONGS PENSION RESTORED.
The New Law Requires II. but He Mus
Prove His Right % Keep 1t Before ~
DAYS Pass

The New Law Requires 1t. but He Must
Prove His Right 70 Keep 1t Before 80
Days Pass.
The Commissioned Of Pensions has decided,
in view Of the passage of tho act OF Dec 2l
1893, declaring pensions q vested right. that ne
DO longer has the rightsit6 withhold the PEN
sion of Judge Long, tef Michigan. and has &C
cerdingly ordered that the suspension OF his
pension be removed. ''294E
This action was taken ,as the result of An
opinion by the Attorney General, which was to
the effect that as no netiee of the intended
action of the Department. in stopping his
pension had been givon Judge Long, his ease
clearly came within the set of Dec. u last
While no official ststement has been made as
to whether this revocation of the order OF sus-
pension will be followed by similar action In
other suspended cases, it is believed that tins
will be so IS to all suspensions in cases similar
to that of Judge Long, and as this case IS not
Understood to be an exceptional one as regards
notice, the assumption is that many restora-
tons will soon be ordered.
This actien of the Bureau, Of course, renders
mandamus proceedings.
Judge Lochren said in an interview: OF
course shall obey tho law, but l will not fsi.
ter in the effort to purify the pension rolls ana
to make it impossible for fraud or error to gain
or retain place upon them"
The decision arrived at by himself and coin
cided with by Attorney General Olney. was
that the law. which was attached to the urgent
deficiency bill on motion Of Senator Voorhees,.
he believed that became statute on Dec. 81
last. made it impossible for the Pension Bureau
officials to suspend the payment of pensions IN
eases where fraud or error was suspected until
the pensioners in such instances were apprlsed
of the filing of charges or allegations and given
30 days notice OF the proposed suspension.
Axxv.I ~. A-Sn ~ pvtrn-
nently settling the mandamns proceedings in
stituted by Judge Long to compel me to pay
him the pension l recently suspended" he con-
tinued. Il have sent him the 30-day notice
required by the law, and If he does not prove
to the contrary Of the facts that believe exist
in his case, his pension will be reduced from
S72 TO $50 per month. There was no fraud
charged in Judge Longs case. and the fact that
he receives $72 per month is due to a very
loose construction of the laws goyerningi it.
You see," said the Commissioner, warming
to his subject there are two separate acts
governing such cases. Judge Long lost an arm
in the service. and received wound in the hip
which has since been running sore. The act
of July Is. 1880, declared that all persons who
were utterly helpless by reason of their mill.
tary service, or who required the regular aid
and regular service Of an attendant, should re-
ceive pension Of $72 per month. Under the
language relating to requiring aid and regular
attendance there was great latitude for con-
struetion. When Judge Long applied under it
for an increase of pension he testified that
another person was required to attend to his
wound when at home, bat when he was away
be managed to take care of il himself. How
ever, this point was not the main Que. After
his pension was raised to $72 per month. Con-
gress passed the act of July IA. 1892, declaring
that all sailors and soldiers entitled to pensions,
who were shown to be totally incapacitatcd for
mammal labor. and who required frequent and
periodical but not fha regular aud constant
services Of an attendant should receive $50 per
month. Either as Congressional interpreta-
tion of the act of 1880. or an amendment to it,
the law of 1890 made the cases more specific,
and it seems TO me to be quite clear that it COW
cred Judge Longs case precisely"
What do you think OF the December law,
them"
at is very clear TO mo that this law is very
unwise and inconsiderate in its provisions"
was the reply. at is an Invitation to the cor
rupt 10 practice fraud in securing pensions. in
my opinion. For instance, in the past three
days there have been two cases brought to my
attention in which it was incontestibly shown
that one man was drawing two pensions upon
two certificates in his possession.
You know a man may apply for pensions
under the Mexican war act, the civil war laws,
and the act Of June "a. and may show that he
Is entitled to pension under each. but he can
legally only draw ONE, and in such instances,
of which there many he is allowed to Sc
lect the one most profitable to him. Under the
former practice of the Office it would have
been possible to suspend at once the payments
in the cited until the matter was reetified;
now, however, We will have to give 80 days
notice in every case and stand helpiessly by
and see the money drawn without power to
stop it, matter how fragrant the fraud OF
error may be, or how overwhelming the proofs
of its existence in our possession.
There cases of fraud also," the Commits
sioner continued II remember case of q
widow who applied for a pension upon ex-parte
testimony. She proved that her husband had
been killed in the war. She was granted a GER
tifcate which included a very large amount of
back pension. The certificate had been al
ready sent to her when the fact of the large
sum she would receive was chronicled in the
newspapers At once the Department received
absolutely reliabls evidence that the woman's
husband had been killed in her presence by
her son. who chopped his head open with an
AK. We telegraphed suspension aud the
woman did not get the money.
Under this act just passed she could have
drawn it, aud there is no way, mind you. of re-
covering it after it has been paid out. Under
the act it will be almost impossible IL not en-
tirely go to stop the first payments of pensions
on certificates that are known after their issu
anee TO have been procured by fraud, and the
amount of money the Government will lose
will be necessarily large, as the first payments
always carry back pensions to tire date of the
application, anyhow, and If fled before the
Limitation expired extend back to the time the
injuries were received. Under the old practice
we could prevent such payment pending in.
vestigation, but this act cats us off,"