Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-08-14
JUDGE LONGS PENSION.
officials File Answer in the MAN.
" damus Petition Case,

Secretary of the Interior Hoke Smith and
Commissioner of Pensions William Loeb
rem today made answer to the rule to show
cause why writ of mandamus command
ing them 70 vacate and reverse an order
reducing the pension of Judge Charles ID.
Long of Michigan from ST. to $50 should
not issue, as prayed by Judge Long on
August 4.
Commissioner Lochren's reply is a volum-
inous paper, comprising forty-three type
written pages. In opening he AYERS, upon
information and belief, that Judge Long is
entirely able to perform such manual labor
as may be performed by a person having
only one arm, except only labor involving
such muscular action to cause a strain
upon the wound in his hip, and 1t Is not
believed that Judge Long is entitled under
the circumstances, to s72 per month.
After going over the entire case in detail
Commissioner Lochren closes by averring
that the court has no Jurisdiction to grant
mandamus against public official of
the United States, except to direct that
such official perform a specific statutory.
duty, and the commissioner of pensions is
subject to no specific statutory duty to
revoke the order complained of by Judge
Long reducing his rate of pension. II that
order Is illegal, the commissioner goes on
to say, IL is altogether nugatory and void
and Of no legal injury to the petitioner,
and that Judge Longs remedy, If any,
against the commissioner of pensions is in
equity by suit for injunction.
Secretary Hoke Smith, in his answer,
states that the Interior Department is
organized under a plan which confers upon
the commissioner of pensions authority 20
hear and determine all applications for
pensions, and of increases and reductions
of pensions. Appeals can be taken to the
daoia nj tbA avv.sl
sioner allowing pensions or granting reduc
tons or refusing increases. These appeals
come before a board of tension appeals in
the Secretary's office composed of a number
of members, presided over by the second
assistant secretary The board of pension
appeals, thus organized, hears and deter
mines appeals from the commissioner OF
pensions, with a reference to the Secretary
In person only OF cases of exceptional i'm
portance. a.'
In the case Of Judge Long the answer
says. no appeal was entered to the Secre-
tary Of the Interior, and the decision COM
planned of Is that of the commissioner of
pensions alone.
Secretary Smith denies that he is
proper party to the procedure for a writ
or mandamus, and AYERS that he had no
knowledge of the suspension of Judge
Longs pension, and no knowledge Of the
grounds of the suspension until after the
nrst application for mandamus by Judge
Long against the commissioner growing
out thereof. According to the respondent,
Judge Long, by failing to appeal from the
action OF the commissioner and by apply
ing for a mandamus against the commits
sioner led Secretary Smith to suppose that
he had abandoned all idea Of appealing to
the department from the decision Of the
pension bureau. Since that time while
Secretary Smith has not directed the pro-
cedure in the pension bureau, he states that
he has felt at perfect liberty to form and
express opinions upon the merits OF Judge
Longs case, and he has done so.
Continuing, Secretary Smith claims to
show that Judge Long. not having exer-
cised his legal right of appeal from the
commissioner of pensions. according to the
rules and practice OF the Interior Depart
ment, and having failed to make any de-
mand whatever upon the Secretary OF the
Interior for action in the premises, the
procedure against him is premature. But
Secretary Smith presents this fact he says
solely for the purpose Of affecting his own
connection with the procedure and not for
the purpose Of affecting an immediate pro-
cedure against the commissioner of PEN
sions. which. far as II is affected by
the failure of Judge Long to file his APP
peal to the Secretary, is expressly waived
After denying certain allegations made by
Judge Long. Secretary Smith ends his an
swer in the same language used by Com
missioner Lochren. asserting that the court
has no jurisdiction to grant q mandamus
In the case.