The National tribune., 1900-07-05
THE COURT OF PENSION APPEALS.

Of Court of Pension Appeals, and t.
command to bear upon Senators and Con
gressmen to secure its prompt passage a;
soon as Congress re-assembles.
1t must be steadily kept in mind that
this is no campaign device. 1t has no pol
itics of any kind in it, and should be kept
entirely free from political entanglements
Nor should it be allowed to have any con
nection whatever with the movement
against the present Commissioner of Pen
sions. We rant him reraored. all the same
and are rant this lac enacted, rhetser he IS
remored or not.
We want the law passed because it will
remove pensions from the juggling and
caprices of any man who may hereafter
be appointed Commissioner of Pensions
We want pensions to be placed on the high
plane of legal adjudication, where they
will be accepted by the people of the coun-
try as matters of right and justice, and
not the will and whims of the man who
happens to be Commissioner. We want
the pension roll to be made indeed a roll
of honor, which it must be when every
man and woman on it holds his or her
place there by virtue of a regular judicial
decision as to his or her rights.
This being the case, we must study the
bill with the utmost attentiveness to see
that every phrase in it, and every word
in that phrase, is the best to secure what
we desire.
The bill has been drawn with the most
painstaking thought and care. and it has
been submitted to a number of the ablest
lawyers in the country. But sad expert
ence has taught us how even the most
carefullydrawn laws can be juggIed with
by Lochrens and Evanses, and we must
neglect no precaution to prevent this in
the future.
The bill is so long and comprehensive
that it should be taken up and studied a
section at time. In no other way can
the work be done satisfactorily.
Our attention has recently been drawn
most strongly by criticisms to section 8,
which reads as follows:
Sec. 8. That the said Court shall have
power to appoint Commissioners to take
testimony to be used in the investigation
of claims or cases which may be brought
before it, and to prescribe the fees which
they shall receive for their services, and to
issue commissions for the taking of such
testimony, whether taken at the instance
of the claimant or of the United States;
but testimony duly taken de bene eSse un-
der proper notice, before a United States
Commissioner appointed. qualified and act
ing under the several Circuit Courts of the
United States, may be used before the
Court of Pension Appeals
When testimony shall be taken for the
claimant. the fees OF the Commissioner
before whom it shall be taken shall be
paid by such chIimant; and when taken
at the instance of the United States, and
this shall be held to include the cross-ex-
animation of claimants witnesses, shall
be paid out of the contingent fund pro-
yided for the Department of Justice, upon
the certificate of the Attorney General or
other appropriation made by Congress for
that purpose; but such testimony, when
ever practicable, may be taken before
Special Examiners or Agents of the Bu-
reau of Pensions, duly authorized by the
said Court accordingly, without fee to
either party; and the testimony in cases
or claims pending before the said Court
shall be taken in the County wherein the
witness resides whenever the same can
conveniently be done.
This is highly important provision
none in the bill more so. The question
that arises is whether the object aimed
at would not be more certainly secured By
the transfer of the present corps of Spe-
eial Examiners to the control Of the Court
Under proper management the Special
Examiners are an invaluable agency for
arriving at the exact truth. Under Com
missioner Raum they were. They were
sent out with instructions to get the facts
without prejudice or partiality. They were
given cases that presented difficulties. and
sent to Interview the claimant at his home,
where were generally the people who had
known him before enlistment, had served
with him, and had known him since the
war. They had the power TO administer
oaths, eross-examine claimant and his wit
nesses, and do whatever else was neees-
sary to get at the truth. The claimant
could appear before them in person or By
attorney and cross-examine the witnesses
for or against him. AL was fair, open,
aboye-board. and American.
Commissioner Lochren changed all this,
and Commissioner Evans followed-went
much farther. Instead of the Special Ex-
aminers being sent out with instructions to
get the absolute facts, and report them
without favor or prejudice, they were
sent to seek for reasons why the pension
should not be granted, or, il granted,
should be taken away or at least reduced.
From judiciaI-minded Examiners, they
became secret inquisitors, nosing around
for malicious gossip and neighborhood
scandal. They invited all who had any
thing TO say against a veteran or his
widow to pour their stealthy communiea-
tions into willing ears. and these anony-
nous charges were made part OF the ar
chives of the Pension Bureau. 1t was a
wretched revival CT the abhorrent tale
hearing, stabbing in the dark of the Span
ish lnquisition, and the Venetian Council