The National tribune. [volume] (Washington, D.C.) 1877-1917, 1895-03-21
A NEW PHASE.

II IN o1C oOAOAubAy wan e@%S N--~~
Of Gen. VIM Shakspere, of Kalamazoo,
Mich. In its general features it much
resembles that of Justice Long. Gen.
Shakspere was a private in Michigan
regiment, and after conducting himself
with great bravery in several engage
ments received terrible wounds, which
have made him suffering invalid ever
since He was granted a pension, which,
some years ago, was raised to Sl2 a
month, on the ground of incurable in
jury, requiring the regular aid and at
tendance of another person. Gen.
Shalspere, who is a prominent lawyer
and Democratic politician, created a
sensation last year by a speech at sol
der gathering, in which he severely
criticized the Pension Bureau. In De-
cember last he received the customary
notice from the Pension Bureau to APP
pear before a Beard for examination,
but paid no attention to it. 1t was fol-
lowed by notice that bis pension had
been reduced TO $50 a month. Gen.
Shakspere and his friends claim that
this was in retaliation for his speech, but
Commissioner Lochren strongly denies
this, and says that be knew absolutely
nothing of Gen. Shakspere's personality
or politics.
Gen. Shakspere Immediately, through
bis attorney, Maj. Thos. S Hopkins, of
Washington, made application for
mandamus to compel the Commissioner
of Pensions to restore his name to the
rolls at the old rate. One of the
grounds upon which the restoration was
asked was that the Commissioners action
was in violation Of the act of Dec. q,
1893, which reads:
That any pension heretofore or that may
hereafter be granted TO any applicant there
for under any law of the United States au-
thorizing the granting and payment of pen
sioDs, on application made and adiudicated
Ill H.. IL Il L. Ill ca.
GERS of the United States 10 be a vested right
in the grantee TO that extent that payment
thereof shall not be withheld or suspended
until after due notice 10 the grantee of not
less than 80 days, the Commissioners Of Pen
sions, after hearing all the evidence, shall
decide to annul, vseate, modify or set aside
the decision upon which such pension was
granted. Such notice TO grantee must con-
tain full and true statement Of any charges
or allegations upon which such decision
granting such pension shall be sought to be
in any manner disturbed or modified.
The petition for the mandamus con-
tended that the usual printed circular of
notification sent by the Commissioner to
pensioners was in no sense compliance
with the legal provision in the law that
"such notice to grantee must contain a
full and true statement of any charges
or allegations upon which such decision
granting such pension shall be sought
TO be in any manner disturbed or modi-
fed"
The writ was made returnable March
16. On that day Assistant Attorney
General Whitney appeared in court for
the Commissioner and made answer that
the relief sought had been granted, and
the Commissioner had directed the Pen
sion Agent at Detroit to restore Gen.
Shakspere's name to the rolls at the for
mer rate Of s72. Thereupon Maj. Hop
kins asked for a decree assessing the
costs Of the proceedings upon the Com
missioner, which was granted.
The only two explanations Of the Com
missioner's were that either he had be-
come convinced that Gen. Shakspere is
really entitled to the amount that he had
been receiving, or that the notice was
fatally defective as claimed in the peti-
ton. The general belief inclines to the
latter view, that the Commissioner has
only yielded to get a better hold, and
that he viii Immediately send Gen.
Shakspcre a notice in which the provi-
sions Of the law viii be more carefully
complied with.
The question naturally arises whether
if the notification to Gen. Shakspere was
SO radically defective is not that TO every
other one of the $4,000 to 10000 pen
sioners who have been reduced or drop
ped equally void, and must not the whole
number Of them be restored to the rolls
at the former rates? As to this the
Commissioner says: