Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1899-09-30
or more years. instructions to Chiefs
of Adjudicating Divisions, 1879
SECOND COUNT.

| or more years. tlHSlTuCllOuS 10 Cl1elS
of Adjudicating Divisions. 1879
SECOND COUNT.
"He instituted practice of refusing
| to consider any claim for increase of
pension until year had elapsed since
the previous adjudication. (Order No
352. dated Dec. "a, 1917 This he did
without consultation with his superior
officers of the interior department, and
by a decision rendered March so, 1898.
he was required to abrogate this prac
tice and reinstate the former practice
dating from 1892. (P. D., 8, p. 2s5.)
THIRD COUNT.
"In disregard to the law and tax
ing upon himself the right to admins
ter the laws or not as he saw fit, he re.
fused to consider lawful pension
claims because the applicants were ap-
parently residing beyond the limits Of
1895; order dated Nov 90. 1879 He
was required to abandon this practice
and subordinate himself to law. (P,
D. 9. p. 437.)
FOURTH COUNT.
HE prohibited any evidence obtain
ed on special examination being made
known to and permitted to be exam
ined by claimant or attorney after re-
ceipt of same in the pension bureau,
alleging that the claimant had the
right to follow the special examination
in person or by attorney, but knowing
that it is the exception, rather than
the rule, where a claimant is able tc
himself follow Or employ another to
follow a special examination, often eX-
tending over several states. This he
did in disregard of a rule and the set
tied practice of the interior depart
ment dec. 10, 1S91), and was required
to return to the former practice. (P.
D. 9, p. AID
FIFTH COUNT.
''He adopted measures to defeat the
act of July Is, 1894, relative to the
right of claimant or attorney to in
spect reports of examining surgeons
The enactment was in consequence OF
the action of the Lochren administra-
tion taking away the. privilege Of in
spection of such reports, and though
Mr.. Evans professed to believe that his
action was strictly in accordance with
the law. it was clear that he desired
to restore as far as possible the Loch-
rem practice, with the evident incl
dental purpose of getting even" with
attorneys whom he claims were in
attorneys whom he claims We're instru-
mental in the passage Of the law. (P.
D. 9, p. 47S.)
SIXTH COUNT.
ITO retard and obstruct the settle
ment of claims which he does not wish
to allow save at his pleasure, he
adopted rules making it disbarring
offense for any attorney to seek, or to
even suggest to a claimant to seek in
formation through a member of con-
gress as to the official status Of pen
sion claim; and through evidently mis-
leading representations as to the
status of the work of the bureau and
the character of claims in which in
quiry is made through members of
congress, he secured formal approval
of said rules. (Rules % and %, ap-
proved March 10, 1881
SEVENTH COUNT. lie
In disregard of decision constru-
ing the law relative to the pension title
of remarked dependent mothers un-
der the act of June q, 1890, (P. D..
6, p. 30.), he instituted a practice of
rejecting the claims of all such, hav-
ing covertly secured the formal ap-
proval of such practice by embodying
the rules therefor in an alleged cOdifi-
cation of existing practice in April,
1898. He was required to amend his
self-instituted rule and regard the law
and the decision of the department.
(P. D. 10, dated June 21, 1S99.)
However, it is the truth that none
of the claims rejected under his in
famous ruling set aside by the deci-
sion (P. D. 10, dated June 20, 1897
have ever been reopened and allowed,
he claiming that the decision is not
res adjudicata' Yet common sense,
or desire to be reasonably honest in
his endeavor to do&right should have
readily pointed his plain Gusy to recall
from the rejected files all such claims
and adjudicate them in accordance
with the construction of the law pro-
mulgated by his immediate superior
EIGHTH COUNT.
He continues to reject the just
claims under the act of June 27, 1890,
of those denied by the last administra-
tion. and to cut off from the pension
roll those who escaped the merciless
revision perpetrated by his immediate
predecessors; and the city of Chicago
and elsewhere has inaugurated expert
mentally an iniquitous and unwar-
ranted inquisition to discover possible
fraud and to complete the work of
Lochren and Hoke Smith and cut off
those pensioners held entitled under
the Harrison administration and who
have heretofore by some chance es-
capped the blights of the Hoke Smith
ism and Lochrenism No one desires
to shield the malefactor. but there is
no warrant in law for the indiscrini-
nate and insulting investigation put
upon the innocent many by the present
commissioner to seek out the possible
guilty few, that he may win anew the