The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-07-25
Protection for Pensioners.

The following bill introduced in the House
by Representative Overstreet and passed
April is published for the benefit of a
number of soldiers" upon the request of a
veteran in Bowling Green, Ind:
Be it enacted by the Senate and House of
representatives of the United States of
America in Congress assembled, That from
and after the passage of this act no pension
heretofore granted or which may hereafter
be granted under the pension laws shall be
withheld suspended, modified or Cancelled
except for fraud, clerical error, mistake of
fact or recovery from disability: Povided,
however, That nothing ne. Elm COM a ned shall
be construed to entitle any person to more
than one pension for the same service nor to
affect or enlarge the pension rights of
widows and others under Sections 4102, 47OS
and 470S of the Revised Statutes of the
United States and acts supplemental to and
amendatory thereof.
adjudicated pension is sought to be with
held. suspended. modified or Cancelled a full
statement of all the facts, duly sworn to.
shall be filed with the commissioner of pen
sions by the person or officer of the United
States making such allegation. When said
statement is filed in the Pension Depart
ment or within thirty days thereafter a
certified copy of the same shall be trans
mitted to the pensioner whose pension is
sought to be so withheld. suspended, modi-
fled or Cancelled and the case assigned to
special examiner of the Pension Depart
ment for investigation. Such special exam
liner SHALL as soon as practicable there
after and having first given such pensioner
and the person making such statement at
least twenty days notice thereof in writ
ing, proceed to take such evidence as may
be submitted to him touching the merits of
such case. All such evidence shall be re-
duced to writing and shall be by question
and answer, under OATH in open session,
and such pensioner shall be privileged to APP
pear at such investigation In person and by
attorney and given full and fair opportu-
nifty to hear all testimony and face all wit
nesseS, to crOSS-eXamine and to rebut or
substantiate any facts alleged or disputed.
Such investigation shall be conducted at the
town or postoffice nearest which the per-
son affected resides, and at his residence if
unable to leave same, and the dispositions of
witnesses residing outside of said county
shall be taken as near as may be in accord
ance with the practice of the State or Ter
ritory in which said witness resides When
said investigation shall be concluded by said
examiner a full report thereof in writing
shall be made by him to The commissioner
of pensions who shall determine the case
If said charge is sustained then said pen
sion shall be withheld, modified, suspended
or Cancelled as the commissioner of PEN
sions shall determine; but no pension shall
be withheld, suspended, modified or can
celed until a full determination of said in
vestigation The right of appeal shall re-
main as now allowed by the Pension and In
terror Departments.
Sec. 8 That all acts or parts of acts in
consistent herewith or repugnant to the pro-
visions Of this act are hereby repealed.