The National tribune. [volume] (Washington, D.C.) 1877-1917, 1896-01-09
Protecting Pensioners.

A bill introduced in the House by Col. z.
w. Blue. OF Kansas:
Sec. i. That no person heretofore or here
after pensioned shall bedeprived of his or her
pension, except in cases where it was procured
by fraud wiIlful deception. or collnsion on the
part of the pensioner, and then only by due
trial as hereinafter provided.
Sec. 2. That whenever it shall be made to APP
pear TO the satisfaction of the Attorney Gem
eTal of the United States that any person has
obtained a pension by fraud willful deception,
colusion, it shall be the duty of the Attor-
ney-GeDeral TO cause snit of a civil nature TO
be instituted in the United States District
Court of the State OF division in which such
pensioner so charged resides may be found,
to determine such matter
Sec. 3. That such action shall be by petition,
10 be filed ia said court in the name of the
United States mplainant, and against the
person charged, naming him az defendant.
The petition shall state in plain and concise
language. without repetition. the ground or
grounds Of complaint. Upon the filing of such
petition process shall issue for the defendant,
and be served by the same officer and in the
same manner as in other civil actions pending
in such district or division, notifying the de-
PENDANT OF the time and place when he must
appear and answer such petition. The defend
ant shall plead to answer such petition
within 30 days after service of process, and
the complainant shall have 10 days thereafter
in which to plead to or reply TO said answer.
Issues of law shall be tried by the court and
issues of fact by jury, If so demanded by
either party to the action. Process shall issue
for the attendance Of witnesses as in other
civil actions pending in said court, AMI testi-
mony may be taken, by deposition or commits
sion, of witnesses sick, infirm. residing out
of the jurisdiction Of said court, upon appica-
ton To the court for such purpose. Whenever
any pensi0ncr proceeded against as provided
for in this act shall make affidavit setting
forth that there are witnesses whose evidence
is material to his defense; that he cannot
safely 90 TO trial without them; what he ex-
pecis to prove by each of them; that they are
within the district III which the court is held, or
within 100 miles of the place of trial. and that
he is not possessed of sufficient means and is
actually unable to pay the fees of such wit
nesses, the court in term, or any Judge thereof
in vacation, may order that such witness be
subpenaed if found within the limits afore-
said. In such case the costs incurred by the pro-
cess and the fees OF the witnesses shall be paid
in the same manner that similar costs and fees
paid in case of witnesses subp9naed in be-
bali os the United States: Provided, the PEN
sioner shall be- entitled to not exceeding five
witnesses under this provision. The case shall
stand for trial at the first term Of said court
after issue Joined. If the issue or issues so
joined are determined in favor of the defendant
costs expended To e'taxed i'll the case, includ-
ing reasonable attorneys fee to be fixed by
the court for his attorney.
Sec 4. That pending sueh action the pension
shall not be suspended. and the pensioner, dur
ing such time. may collect his pension the same
as though said action not pending. New
trials may be granted by the court to either
party in the same manner and form aud upon
proper grounds shown. as in other civil actions
in said court.
Sec. 8. That if the issue or issues are finally
determined in favor of the complainant. then
the court shall enter judgment accordingly,
annulling and setting aside said pension, aud
the pensioner fromlthe time of such final judg
ment. shall have or take nothing further be-
canse of such pension If the issue or issues are
finally determined in favor of the pensioner,
then the court shall enter judgment in favor of
the defendant, sustaining the validity of such
pension, together with his costs taxed rs here
inbefore provided and the clerk of said court
shall forthwith transmit a certified copy OF such
journal entry to the proper department, to DO
filed with tho papers in such pension matter.
Sec. 6. All acts aud parts of acts in conflict
herewith are hereby repealed.