Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-01-19
PENDING PENSION BILLS
Some Objectionable Features Pointed On. by
an Examiner.
Feasibility of Injustice and Fraud In
creased by Some of the Pro-
posed Provisions.

Among the pension bills awaiting CON-
| gressioDal action are two Senate bills. num-
bered 2345 and 1850. The first named pro-
vides for the restoration Of pensions Ia
widows when the following conditions are
shown: Marriage to the soldier or sailor
| prior to the termination of the war I'm
| which the husband served: that such widow,
was pensioned because Of her hushand,s
death as the result OF wounds received NJ
disease or injury incurred In the line Of
| duty In such service: that the name OF such
widow was dropped from the roll by reason
OF her remarriage to another person ysho
mas since died. or who shall hereafter die
or from whom she has been heretofore di-
Noreed upon her own application and with
out fault on her part: that at tbs, time Of
| application for restoration she is wfthout
| other means Of support than her daily la
Dor. There is provision in the bill also
that the restoration shall commence with
the date of filing of application.
1t is pointed out by those in a position Ia
know that the objection to legislation Of
TINS character is that it establishes a pre-
ierred class of persons who may become
en,l .,S 10 pension under conditions which
would not give title to other wild
ows equally meritorious. As a pensinp
examiner pointed out 10 a reporter of The
star today: For example. widow claim
tAiit HidiIItu d SOldler IN july, lS.lS and her.
husband died of disease contracted II, IN.
war with Spain. Her title to pension would
be forfeited by her remarriage but v,ould
pe revived Immediately upon the death Of
the second husband. or after her divorce
from him Nf he left her without other
means OF support than her daily labnr)
ana The same conditions would apply if she
married a third or fourth time and again
became WIDOW. II has always been held
that when widow remarries and becomes
| the wife of another man and the mother
OF his children she has no further claim
upon the government for support Other
wise the pension thus obtained after Tho
death of the second husband might be prac-
tically applied to the support of the chill
dren OF such second husband. who never
rendered any service to his country. There
Is another and an important feature in this
connection. When under present conditions
soldier $ widow remarries the pension is
payable TO the legitimate children of the
soldier under the age Of sixteen years or
where there Is a helpless or idiotic child
the pension is continued. Should the seq
| ond husband die before the pensiona BILE
period of the soldiers children expires the
| act would appear to restore the pension Ia
such widow to the exclusion of the soldiers
| minor children.
or much more Importance is bill num-
Der SOD. The first section of this bill is
bad. 1t makes il impossible for the len
sion office to stop the payment of fraudu-
rent pension except through the long and
tedious and expensive process I'm the courts
| 1t is well-known fact that with ali the
safeguards thrown around the adjudication
or pension claims, so long as the pension
ONCE Is compelled to accept eN parte eyf-
uence to reach the settlement of a claim
pensions will be granted that do not pos
seSs any merit. On the other hand. II fire.
quently happens that through clerical
error in the rate date of COMMENCEMENT
OF pension. which is not discovered until
after the certificate is issued, large amounts
are granted for which the law makes no
provision. Under this bin the pension office
would be compelled to pay these amounts
until the mistake could be corrected nv a
court and jury"
Discussing another feature of this bill II
was pointed out that in most of the cases
which are shown to be without merit the
material witnesses are scattered over the
country. and it is apparent that the trial
OF case like this in a court would be a
very slow proceeding.
There is another feature which the ren-
sion examiners are criticising 1t is that
winch provides for removing a case by writ
| OF error to the United States circuit court
| OF appeals, and that during the tendency
OF the proceedings 1t is provided that the
pension office shall continue to nav m.
pension until the judgment is reversed In
other words, the department is compelled
10 grant pensions upon eX parte affidayits
put cannot stop fraudulent pension eS-
cept by civil suit brought by the Attorney
General in the circuit court of the Unit ed
states. 1t Is claimed there could be no
! valid objection to the course prescribed nv
the Dill. il the same process were required
! TO establish the claim for pension in ths
ffrst placer thae r.. the craimant We're
required to present his witnesses before a
United States court and jury, and estab-
nsh his rights to pension by due process
OF lAT In open court.