The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-03-19
CASE MUST STAND
SUPREME COURT DECIDES A PEN.
SION ATTORNEYS CASE
Pensions are i'm rhe Nature of a Bounty and
not "a Matter of Vested Legal Right
Congress is the Sole Dispenser Thereof
and May Give, Withhold or Recall and
May Prescribe Conditions Attorney's
Fees is Within its Scope and Penalty for
Excessive Collection is Constitutional
and Frisbie Must Go to Jail.

Washington, March 1S-An interest.
ing opinion upon the status of pensions
was delivered by Justice Brewer of the
supreme court today.
Congress being at liberty to give OF
withhold pensions" said the justice
may prescribe who shall receive. and
determine all the circumstances and
conditions under which any applica-
ton therefor shall be prosecuted. No
man has legal right to interfere in the
matter of obtaining pensions for him.
self or others. The whole control of the
matter is within the domain of con-
gressional power"
This declaration was incidental 10
the courts opinion upon the appeal of
Henry n. F'risbie, who was convicted
and sentenced to three months impris-
onment by the circuit court in Louisi-
ana under an Indictment charging that
he demanded greater sum than $40
FOR his prosecuting pension claim in
violation of the act OF June q. 1890,
which placed that limit upon the attor-
ney'S fee.
The justice said at is within the I'M
doubted power of the government to
restrain some individuals from some
contracts and referred to contracts
for the purchase or sale of lottery tick
cts in that connection. After stating
that a pension granted by the govern
ment is a matter of bounty, that no pen
sioner had a vested legal right To his
pension, that congress has the right TO
give, withhold, distribute or recall them
Justice Brewer said: Having power
TO legislate on this whole matter, to pre-
scribe the condition under which par
ties may assist III procuring pensions
= hoe
penal provisions compliance with its
requirements. There can be no reason
able question of the constitutionality
of the statute
The conviction was sustained.
In the case of James II. Shields, Jr.,
receiver of the Morristown and Cum
berland Gap railroad company, appel
liant against John Coleman and the At
lantic Trust company, from the circuit
court for the eastern district of Tenn
essee, Justice Brewer delivered the
opinion 1t was held that the circuit
court had not the power to take the
property out of the hands of the re-
ceiver appointed by the state court.
Justice Brewer said that the mere forcI-
BILE continuance of possession by the
federal court did not transform that
which was in the first instance wrong
full into rightful possession. The case
was remanded to the circuit court for
proceedings not inconsistent with the
opinion.
In the Oakland water front case the
chief justice said that while il was
clear that the causes between states
and citizens of other states could be
originally brought i'm the supreme
court, il was not so clear where the
citizens of the state involved were join
ed with the citizens of another state,
as would be the case where the town Of
Oakland and the Water Front company
became parties to the suit the South
ern Pacific Railroad company being a
citizen of Kentucky.