The National tribune., 1896-11-19

tCorrespondents should write each question
separate sheet OF paper, give full name aud ad-
dress and mark it Correspondents Coiuf1 NO |
attention will he paid to communications not ac-
comi1aned with name and address OF writer. 1t - !
requested that 81 stamp be inciosed for reply by |
letter Postal cards will be replied to by mail /
only Replies by mail will ordinarily be made |
within week. ami II IN this column within three
weeks.l
T. AZ. r.. Brazil, Ind-I see by the newspa- |
pers that the case Of Judge Long against Will |
liam Lochren, Commissioner of Pensions, has |
been dismissed by tho United States Supreme
Court, to which it had been taken on appeal,
by reason Of Lochren's retirement from that
office. l am not lawyer and do not under
stand the tecbnicalities in the case, but would
like to ask if this ends the proceedings? Is
II final? If Commissioner Lochren arbitrarily
and wrongfully reduced Judge Longs pension
from $72 to $50 per month has the latter no
way now by which he might assert and main
tain his rights? 1t seems to me Judge Long IS
entitled to decision in the case. If it should
be nd verse to his claim, all right; but ii it
should be in his favor, could not the pres
ent Commissioner be required to restore the
pension to what it was? Let justice be
done, on whichever side it is found to be.
Ansrer The case is settled by its dismissal by
the United States Supreme Court. The writ Of
mandamus prayed for was directed against
William LOchren, and his retirement from the
Office of Commissioner of Pensions necessarily
abated the cause, since even were the Court to
hold that a mandamns was the proper remedy
In this case, such writ could not now be made
effective as Mr.. Lochren is now U. s. Circuit
Judge, aud as such would have no legal right
to perform that act sought to be enforced by the
writ of mandamus. Our correspondent is in
error if he has understood that the question OF
the Justice or otherwise of reducing Judge
| Longs pension was the direct issue, either in
the Supreme Court Of the District of Columbia,
the Court Of Appeals of this District. or tho
Supreme Court Of the United States. The
| question for judicial determination in each
| tribunal mentioned was whether writ OF
| mandamus would lie against the Commissioner
| of Pensions for reviewing the acts of pre-
| decessor, and reducing pension granted by
such predecessor. 1t is q general rule OF law
| that mandamus will not lie against public
| official, unless the act sought to be enforced Is
| purely ministerial iu character; that II 1t IS
| discretionary, then the writ Of mandamus 10
| not the appropriate remedy. The merits of
| Judge Longs case were not properly directly in
| issue in either court. The extent and scope OF
the authority of the Commissioner OF Pensions
| was the subject of contention. To again test
the matter would require the institution Of
new proceedings.
Comrade, Columbus, o., and others who re-
quest our influence in obtaining positions under
the Government and who ask as to the ex-
emptions made by the Civil Service law in
favor of honorably discharged soldiers and
sailors Answer. We will, in q general way,
urge that, other things being equal. preference
should be given the honorably. discharged sol
dier or sailor but We cannot, IN any instance,
urge the appointment of any particular person
i to auy particular office. To do SO would destroy
our influence and convert our office into q
mere Office -br0king concern. As to exemptions
in favor of honorably discharged soldiers and
sailors seeking an original appointment. there
are g. 1873 positions in the classified service
They can be filled when vacant only by pass.
ing competitive examination under Civil
Service rules. The number of places (Othel
than fourth-class Postmasterships) not in the
classified service is inconsiderable being con
, fined to the few great offices Cabinet places
, etc.) OF honorably discharged soldiers and
sailors only those discharged "by reason of dis
ability resulting Om ,oounds sickness incurret
IN the line of duty" have preference, and th0s
, only to this extent; viz, q rating by them o
65 per cent Gnstesd of 20 for others) make
Z them eligible for certifcati0n. II they secur'
q rating Of 65 per cent. or more, they have pri
9 ority of certifcati0n over others; and. lastly
Q they are not barred by the age limitation. l
Q will be understood that these exemptions do no
attach in case of all honorably discharged sol
8 diers and sailors, but only to those discharged
3 for disability. The records Of the War De
f partment show that of the volunteer arm.
j. 269,17 were discharged on surgeon's certi6
!. cato of disability; or about One.tenth Of al
q those discharged. Letters Of recommendation
) etc., amount to nothing in attempting to ente
+ the classified service, as such cannot be law
/. fully considered. A competitive examination
Q is the test, and for any information concernin
o times and places OF examinations address th
Il United States Civil Service Commission. Wast