The National tribune. [volume] (Washington, D.C.) 1877-1917, 1897-06-10

Section 4777 authorizes the Commissioner OF
Pensions to appoint, ut his discretion civil
Surgeons to make the periodical examinations
of pensioners which are, OF may be made. by
requirement of law. aud to examine applicants
for pensions where he deems examinations by
Surgeons appointed by him necessary; and the
fee of ssch and the requisite certificate thereof,
shall be 50. which shall be paid by the agent
for paying pensions in the district In which
the pensioncr claimant resides etc.
These sections have been from time to time
amended and modified but there has been no
change in the character of the appointment OF
such Surgeons, and the organization OF such
Boards. by the Commissioners of Pensions See
act of July %, 1882. Section of this act
authorizes the Commissioner to appoint Sur
geous who under his control and direction,
shall make such examinations of pensioners
and claimants for pension. or increased PEN
sion, as he shall require, and he shall organize
Boards of Surgeons to consist OF three mem
bers each, at such points in each State as ne
shall deem necessary. and all examinations SO
far rs practicable shall be made by the Boards !;
and that the Commissioner may, when IN his
opinion the exigencies of the service require
it, organize Board of three Surgeons VINO
under his direction shall review tue work of
any regularly appointed Board of Surgeons,
etc {22 Stat, I74.j The act of March 2 1898
[2S Stat, 703), relates to tho compensation OF
members of such Examining Boards. etc.
In constituting Section ATT. L. S., the uprema
Court held that the Commissioner of PEN
sons is not the head of = Department within
the meaning of Section 2. Arr. 2 of the Con-
stitution. prescribing by whom officers OF the
United States shall be appointed. UNITED
States v. Germaine so u. s.. 50S.) The court
say: If we look to tho nature of the defend
ants employment we think it equally clear
that he is not officer. In the case
before US the duties not continuing and
permanent, and they are occasional aud inter-
mttent. Tho Surgeon is only to act when
called on by the Commissioner of Pensions in
some special case. as when pensioner or Claim
ant for pension presents himself for examina-
ton. He may make so of these examinations
in q year, or none. He Is required to Keep
| no place of business for the public use. lie
gives no bond sud takes no oath. uhiess by
| some order of the Commissioner of Pensions oil
| which we are not advised.
mo regular appropriate on is made to pay his
compensation, which is 81 for every certificate
Of examination. but is paid out Of money ap
propriated for paying pensions in his district
| under regulations to be prescribed by the Com
| missioner. He is but an sgsnt of the Commits
sioner. appointed by him. and removable bJ
him at his pleasure to procure Information
| needed to aid in the performance OF his owl
official duties. He may appoint one or dozer
|
ton may amount to So or TO $500 per annum
There is 10 penalty for his absence from duty
or refusal to perform, except his loss Of fee il
the given case. II Congress had passed Law
requiring the Commissioner TO appoint mar
| to furnish each sgency with fuel, al q price pc
ton fixed by law high enough to secure the do
livery Of Tho coal. he would have as muci
claim to be an officer Of tho United States
the Surgeons appointed under this statute"
i In the subsequent case of Auffmordt Va. He'd
den, (I37 U. s., 3l0.) the Supreme Court refer
red to, and quoted with appreciation, tn
opinion of the court in the above case Of Ger
maine.
l have the honor, therefore. to advise go
that in ny opinion Boards of Examining SUI
eeons appointed by the Commissioner OF Pen
sons are not United States officials, aud a
such entitled to assignment Of offices, etc.. i
public buildings.
The papers submitted are herewith returned
Very respectfully,
+. A. REEVE, Solicitor.