The National tribune., 1899-06-22
WHERE HE MAKES THE LAW.

Mr.. Evans is now loudly proclaiming that
the "law" prevents him from doing this and
that that he should do but in every instance
that he cites it is not the law, but his narrow
and unjustifable Interpretation of the law.
Rather, it is Lochren's perversion OF the law,
which Evans has inherited, continued, and
made in many instances harsher. For
example, the ruling that widow who has
from any source an income Of S96 year shall
be denied pension is not in the law. 1t was
put in by VIM. Lochren and is continued by
Henry Clay Evans.
The juggling with the phrase ability to
perform manual labor" by which the intent
and spirit of the law is generally nulliGed, in
an immense number of deserving cases was
an invention by VIM. LOchren, three years
after the passage OF the law, and is continued
in full force by Henry Clay Evans.
The same injurious method has been fol
lowed in the old-law cases to defeat the true
intent of the law. One illustration will suffice
for the whole.
Nearly all claims under the old law are re-
iected on service origin, unless there is record
OF existence in service of the alleged disability
or testimony of an Army Surgeon. 1t makes
no difference how many officers or First Ser
geants or comrades testify to the existence and
origin in service, or how strong they testify,
the Board Of Review simply refuses to believe
fba a1itapca ond raiacfc tho ont
ground that origin in service is not salts
factorily established.
Occasionally one of these claims is appealed
to the Secretary, and allowed by him. if there
is strong Congressional influence behind it.
When Commissioner Evans first came into
the Office he issued instructions that all such
claims should be sent to the field. The Board
did not quite catch the cue, and referred them
to S. E. per Commissioners order" The
Chief Clerk then instructed the reviewers that
they should not say that, but refer for reasons
stating them. Thereafter the claims were
generally rejected without referring to the
Special Examiner; but if not, the rejection was
and is still made on return from the field No
claim OF that class can be found allowed in the
Bureau for IS months last past. zoe
This sly practice overturns standing de-
cisions, and all rules on legal weight of
evidence; and goes further than ever before
under existing laws. During Cleveland's
first Administration, the rule was applied
to new disabilities; but not to original
disabilities laura Wright, p. d., 253l.
This estopple was expressly overruled and
removed by the Harrison Administration
laura Wright, p. d., 191; Gillespie and
Eddings, 6 p. d., 5D; and the Harrison prac-
tice was followed with protests by Cleveland's
last Administration q p d., &c. Strange case;
Jones, P. d., 304l. The Mckinley Admin
holds the same as the last Cleveland
Administration Iee, p. ID. PA. But this
does not make any difference to an adverse
Commissioner. He goes right ahead with his
unlawful reflections, trusting that but few
cases will be appealed in his day, and that
Congress will never send an investigating
committee to weigh the evidence in 5000 or
10000 of such claims as sample. 1t would
take as large lot as 10000 of these rejected
claims to give just idea OF the enormity OF his
offending.
What we want is Commissioner who will
execute the laws as Congress makes them
not defeat them by his Juggling rulings and
Evans must go. a.