The National tribune., 1899-08-31
THE INDICTMENT AGAINST EVANS.


THE INDICTMENT AGAINST EVANS.
AS this is our last issue before the meet
ing of the National Encampment, We
recapitulate in succinct form the indict
ment that the veterans of the country ano
their widows have against Commissioner
Evans. Every count" in this indict
ment is supported by positive and un
breakable evidence that would infallibly
convict him before any jury and in any
court in the country. We cite with each
count" the evidence in support OF it, which
the reader can examine and verify fol
himself. "P. D." refers to Pension De
cisions made by Assistant Secretary oi
the Interior Webster Davis, and which car
be found in many lawyers offices, or OBJ
tained by application at the Interior De,
partment. 1t is an official publication,
and therefore public information.
Henry Clay Evans became Commissioner
of Pensions at the close of an Administra.
ton which was notorious for the narrow.
ness, unfairness, injustice, not to say ille'
gality, of its construction and administra,
ton of the pension laws. On him devolved
the duty Of formulating and putting into
effect the policy of the new Administration
which there We're the best of reasons fol
believing would be fair and just to the
benefciaries Of the pension laws. But we
found him soon devising means toobstruct
and delay the ends of justice-to create new
obstacles to the speedy adjudication and
payment of claims.
First Count.
Among his first official acts of i'm.
portance was one which in effect required
that all completed increase claims under the
general law, based on disability not covered
by the pension certificate, be sent to the
Special Examination Division for investi-
cation, a course which was equivalent to
burying these claims for from one to three
or more years. instructions to Chiefs 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, 1879 This he did without consulta-
ton with his superior officers Of the Interior
Department, and by decision rendered
March 80, 1893, he was required to abro-
gate this practice and reinstate the former
practice dating from 1882. P. D., 8, p.
2S5.)
Third Count.
In disregard of the. law and taking
l., ,olf ~1~l~A
laws or not as he saw fit, he refused to con-
slider lawful pension claims because the
applicants were apparently residing be-
yond the limits of the United States. (Act
of March 2, 1895; order dated Nov. %, 1897. }
He was required to abandon this practice
and subordinate himself to law. P. D.,
8, p. 437.)
Fourth Count
He prohibited any evidence obtained
on special examination being made known
to and permitted to be examined by claim
ant or attorney after the receipt 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 thst it is the exception rather than
the rule where a claimant is able to himself
follow or employ another to follow special
examination, often extending over several
States. This he did in disregard of rule
partment Oec. 10, 1891, and was required
to return to the former practice. P. D..
9, p. 471)
Fifth Count.
He adopted measures to defeat the ac
of July Is, 1894, relative to the right OF
claimant or attorney to inspect reports o1
examining surgeons. The enactment was
| in consequence of the action of the LochIen
administration taking away the privilege
of inspection 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 SC
| far as possible the Lochren practice, with
| the evident incidental purpose of getting
even" with attorneys whom he claims were
| instrumental in the passage Of the law
| (Order dated Oct. 21, 1879
He was required TO abrogate this prac
| tice and restore that in full accordance with
| the spirit Of the law. Up. D., 8, p. 48)
.Si1th Count.
To retard and obstruct the settlement
| Of claims which he does not wish to allow
save nj his pleasure, he adopted rules max
| ing il a disbarring offense for any attorney
TO. seek, or to even suggest to a claimant L
seek information through member OF Con
gress as to the official status of pension
| claim; and through evidently misleading
representations as TO the status OF the worl
| of the Bureau and the character OF claim.
| in which inquiry is made through member.
of Congress, he secured formal approval O
said rules. Rules % and %, approved
March 10, 189S)
| Serenth Count.
In disregard OF a decision construin,
the law relative TO the pension title Of re
married dependent mothers under the nc
Of June 81, 1890, P. D., o, p. 3O,) he inst
tuted practice OF rejecting the claims o
all such, having covertly secured the forma
approval of such practice by embodying tn
rule therefor in an alleged codification o
lexisting practice in April. 1898. He wa.
lreUuired to amend his self-instituted r1Il
and regard the law and the decision Of tn
department. iP. D., 10, dated June u
1809.}
However, it Is the truth that noneof tn,
claims rejected under his infamous rulinI
set aside by the decision, P. D., 10, date
June n, 1897 have ever been reopenet
and allowed, hs claiming that the decision
lis not res adjudicata." Yet common
sense or desire to be reasonably honest il
his endeavor to do right should have readil,
pointed his plain duty to recall from the re
3ected files all such claims and adjudicat
them in accordance with the consfructio,
of the law promulgated by his immediat
superior.
Eighth Count.
He continues to reject the Just claim
, under the act Of June 81. 1890, Of thos
denied by the last Administration, and
cut off from the pension roll those VIII