The National tribune. [volume] (Washington, D.C.) 1877-1917, 1896-04-30

criticism has bsen found, not in the laws them
selves but rather in the manner in which
they have been administered. We have already
passed an act in troducsd by my colleague on the
committee, the gentleman from New York
(Mr. Poole), and we propose in this bill to sup
plement it by prescribing rule OF evidence IN
regard to death. We have also in this bill q
provision in regard to marriage, and pro-
vision proving marriage Neither Is neces-
sary. 1t was in the power, and think 1t
was the duty, of the Secretary OF the Interior
to have adopted these proposed rules OF evil
dence Independent of any enactment By Con-
gress. The statutes of the States have gen
orally recognized tho presumption OF death
after an unexplained absence of the person for
seven years. That was the commOn-law pre-
sumption adopted by the courts without any
statutes. Tho presumption of legal marriage
by man and woman living together, holding
out each other and being recognized IN the
community as husband and wife, has gener-
ally been INDUCED in by the courts of the
country in matters quite as grave as that OF
the allowance of a pension. lt 10 somewhat
remarkable that the Secretary of the Interior
should not have adopted these same reasonable
rules. So l may say that after this bill be-
comes a law, an unfair, n narrow, or an un-
justly strict construction of it will practically
undo all the work that we may do here.
Mr.. Wood took up III detail several points in
the bill which he regarded as Objectionable.
The fourth section he said gives the right to
the pensiOner to rebut or substantiate any facts
alleged. Ho must do that by testimony; aud
to make journey to the County seat with his
witnesses, and to support them during the
time they are there, might practically work as
great hardship to him az to absolutely cut oil
his pension. Considering the expense and
trouble would it not be better, after We pro-
vide that charges shall be made under oath
with notice and with copy of the charges 10
be given to the pensioner, to let the place OF
examination be left to the Commissioner, with
the hope and the expectation that q iaIr ana
Just Commissioners will be in charge of the
Pension Bureau? Leave the matter as 1t IS
now. Let me state one thing further. WheR-
ever charges of fraud are required 10 be reduced
to writing and sustained by the oath OF the
person making them there will be very few
pensioners dropped from the roll on the ground
of fraud. Occasionally, of course, some worthy
man may have the charge made against him,
and with this section as it stands in the bill 1t
practically amounts to denial of fair hear
ing in such cases. If wo strike out all of this
section after the 18th line it will thea be a
good section, and we may trust to q fair Com
missioner to execute the law fairly.
AS was to be expected, Mr.. Tsibert opposed
the bill. After Directing 10 the section regard
ing Confederate soldiers, he went on to say :
IF you propose to go any further in this pen
y
over the whole Treasury at once to the old SOL
diers. Let them have it all and then adopt the
plan that we are told they have adopted at
some of the Soldiers Homes out West. Let
the old soldiers take possession of the Treasury,
and then set mp beer saloons and sell them teer
in the name of the Government, and make them
all drunk and set up Kelley cures to cure them,
and in that way get all the money back again
into the Treasury. Laughter. say we have
gone far enough in granting liberal pensions
to the soldiers of the civil war, and while some
may criticise my motives because am q
Southern man and stand up here to protest
against this legislation, | propose to do what L
conceive to be my duty in the premises, regard
less OF fear favor from any source whatever.
when the top aud the bottom of the map
fell out we had our civil war. 1t amounted to
nothing moro than that the United States. after
whipping Great Britain and whipping Mexico.
turned around and whipped herself. 1t was
provideutia thing that the Union was saved.
Now. we do not propose to 90 back and dig mp
the dry bones of the past We are living mel,
living and acting in the present"
Mr.. Mahauy protested against Mr.. Talberts
position. lie drew = graphic picture of the
service of the Union soldier and its results,
and said: " 1t seems to me monstrous thing
that Senator Reagan in his dignity, and the
gentleman from South Carolinain his absurdIty,
should be in position in these halls to vote
away tHC DFcau from In6 iHOutuS vi tu6 lHSh
who made the triumph of their treason impos-
sible. Applause on the Republican side
Mr.. Talbert. / challenge the gentleman to
cite single instance where have opposed the
granting OF a pension which in my judgment
was due to n meritorious Union soldier.
Mr.. Mahany. / may say to the gentleman
from South Carolina that / would BIO exceed
ingly 10th to accept his judgment upon the
merits of pension claim or on any other ques-
ton. Laughter.l
Mr.. 1abert. l have never opposed the grant
ing of pension in any meritorions case, and
l am responsible for every position that have
taken here, but l am not responsible to the
gentleman.
Mr.. Mahany. l should judge you were ire
sponsible
Mr.. TaIbert My record shows that l have
only opposed the giving of pensions to deserters
aud bummers and cofIee.cooers and camp fol-
lowers, and l shall continue to do that as long
as / have a seat here
Mr.. Mahany. Mr.. Chairman, as tho Thersi-
ties of South Carolina has brought up his
record, | will quote from the modest oncomium
he passes upon himself in the Congressional
Directory: . In all relations of life, az neigh
Dor, friend, and public official, he has been
faithful TO every trust Jealous as n church.
member and Sunday school worker, legislator,
and Alliance man." Laughter. Is the gentle
satisfied with my Endorsement? Laugh
ter
Mr.. Talbert I want to state to the gentle
man that am not tho author of that biography.
Mr.. Hagar spoke in support of the bill, pay
ing glowing tributes to the old soldiers. Other
speeches were also made