The National tribune. [volume] (Washington, D.C.) 1877-1917, 1895-06-13
THE JUSTICE LONG CASE.

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lumbia has rendered decision strongly
adverse to the plaintiff in the Justice
Long case. The composition of thi;
Court is such as to make such decision
almost certain. The Court, which wa;
appointed by the present Administra'
ton, is made up of men whose sympa-
thies during the war were entirely with
the rebellion. Chief Justice Alvey, OF
MARYLAND. was, we believe, confined for
some time in Fort Lafayette, on the
charge of treason. Justice Shepard, of
Texas, rendered the decision. 1t was
hopeless to expect any construction of
the law favorable to Union soldiers from
such source. The text of the decision
shows a strong effort to narrow down
TO the utmost every provision of the law
for the benefit Of the veterans, and to
ignore every presumption in their favor.
The contention of Maj. Hopkins,
Justice Longs attorney, rested mainly
on four points:
/. That the reduction of the pension
was illegal, because in contravention of
the Act of Dec. q, 1893. The mere
statement that "your pension = = x
is illegal, though that statement be ex-
pressed in different forms by trans
position Of the words, is not a compli-
ance with the statute. The act says
that the notice "m1tst contain a fill
and true statement Of any charges and
allegations" Instead, the notice said:
:" 1t is further hereby alleged that you
are now in the daily and active
personal performance of your official duties
and arocations, and are in nowise hindered
therefrom by or because Of any of the in
juries or disabilities for which you are pen
stoned"
This is rather singular notice to
send to man who had lost one arm,
and who had suffered for 80 years from
an open wound caused by a bullet in his
groin, which had TO be kept open and
dressed daily, or the pensioner would
die.
2. That the notice sent BY the Com
missioner was retroactive in effect.
3. That the action Of the Commits
sioner was illegal, because the act of
July il, 1892, which provided for a
rate Of $50 month, said specifically
that before being given such a rate the
pensioner must undergo an examination
by Board of Examining Surgeons, and
the rate be based ON their certificate.
No such examination had been made of
the plaintiff subsequent TO the passage of
the act.
4. That the act of July il, 1892,
provided that the rate of $50 a month
applied to those who care shown to be
totally incapacitated for performing
manual labor by reasons Of injuries re-
ceiyed or disease contracted in the serv-
ice of the United States" Yet the
Commissioner in his notice directly AYERS
that the pensioner was capable Of per-
forming certain kinds Of manual labor. |
The case will now 60 to the Supreme
Court Of the United States. When
hearing can be gotten there is a ques-
ton, as the Supreme Court is far behind
with its calendar, and a hearing within
a reasonable time is difficult to get,
unless the case is one Of great public
urgency.
As we have frequently said before,
il would be Of the highest Importance if
he Supreme Court could be gotten to
pass upon this case That tribunal NAV
be said TO have never passed upon
a real pension case, and given conclu-
i've definition Of the Commissioner of
Pensions powers and duties, and the
limits of bis discretion in executing the
laws passed by Congress 1t is exceed
ngly desirable that we should have
such pronouncement by the highest
Court in the land.
In the meanwhile we shall have to
look 10 Congress for such an amend
ment to the laws as will give veterans
The rights 10 which they are clearly en-
titled.
The Administration has decided to
i