The National tribune., 1901-02-28
a NEW COURT of PENSION APPEALS
RIJ.T


chance of success. At least eight of tn,
members of the House Committee on In
valid Pensions said they would vote
against it. Therefore. the Secretary hat
introduced, Monday. Feb. 1S. the follow
ing bill, drawn on much the same lines as
the &. 4. L. Bill.
! There are some things very singular
about this. The Secretary had protested
| to the q. a r. Pension Committee that
he would never accept their bill. and vet
this purports 10 be substantially the same
as the q. 4. II. Bill. and accept the basic
| principle of that bill.
In inspired dispatches sent all over the
country it was complained that the q. A.
R. Committee had put the introduction of
their bill into the hands of Mr.. Turner. 4
Popullst, in the Senate, and Miers. a
Democrat, in the House. thus depriving
measure. But the Secretary puts this
new bill into the hands Of Mr.. Miers to
introduce in the House.
What all this may mean, and why the
introduction of the bill so late in the ses-
sion, will have to be developed later. The
bill, winch is numbered l4,22S on the
House Calendar. reads as follows:
To establish pension court, and for
other purposes.
Be it enacted by the Senate and House
of Representatives of the United States
of America i'll Congress assembled. lhat
a pension court is hereby estabIshed. con-
sisting of a Chief Justice and two Asso-
fn ha amounted hy The
President, by and with the advice and
consent of the Senate. and to hold office
during good behavior. Each Justice shall
receive an annual salary of S6.000. pay
able quarterly and not more than TWO
members of said Court shall be appointed
from the same political party.
Sec . That the other officers ana en-
ployees of said Court shall be a Clerk
with an annual salary of s2.4oo: three
stenographers, each with an annual com
peusation of 81 200. one of whom shau De
Assistant Clerk: Crier, with an annual
CONDENSATION of S1,200: and Messen-
ger, with an annual compensation OF s5oo.
Each of these officers ana employees
shall be appointed by. and continue IN OF
fee during the pleasure of. the Justices
of the Court. and their COMPENSATION shali
be payable monthly. All processes and
writs issued out of the Court shal ne
served or executed through the Marshais
of the United States in their respective
districts. ~ -.
Sec. s. That such Court shall hX us
.orvn terms or sessions. shall have fuil aii-
shortly TO make all rules and regulations
necessary TO facilitate the proper tFansac-
flor, of fhe business to be brought oeioTe
If and shall further prescribe. from thie
10 time as may be necessary. scheuuie @
fixing the compensation OF attorneys ioi
services in representing pension Chilli ~
ants before said Court and the oupIenie
Court Any attorney who shall dlrectIS
or indirectly ask or receive amy e",np n"ra
sation or reward for services IN repre-
senting pension claimant before eitheT
of said courts other than such as shaii
at the time be fixed by said scheduie
shall he excluded from further pracuce
before the courts, the Pension Bureau
and the Secretary of the Interior IN an
pension matters, and shall become liable
to the pension claimant or person from
whom such compensation or reward Is SO
asked or received IN treble lhe aniounl GU
asked or received.
Sec. 4 That said Pension Court shall
have jurisdiction to hear and determine:
1. ANY claim for pension involving con-
troyerted questions of law or fact certi-
fed by the Secretary of the Interior to
the Court for examination and decision
2. Any claim for pension where it sat
sfactorily appears to the Court that the
claim involves question of law not there
tofore determined by the Court and affect
ing such a number of claims for pension
pending before the Pension Bureau or the
Secretary of the Interior as to make 1t
one of general interest to pension claim
ants and Of Importance to the Govern
ment-
3. Any claim for pension in the decision
of which the Secretary of the Interior
overrules or departs from any former rul-
ing by a Secretary of the Interior upon
a question of law: Provided. That the
jurisdiction of the Pension Court must be
invoked within one year after the de-
cision By the Secretary Of the Interior.
4. ANY claim for pension involving
question of law arising under any new
legislation which shall have been in force
less than two years. where such question
of law has not heretofore been deter
mined by the Court and is not presented
in some other claim pending therein.
5. Any application to review the action
of the Commissioner of Pensions as to a
matter of fact or law in reducing or tax
ing away any pension Heretofore granted:
Provided, That the jurisdiction of the
Pension Court must be invoked within
one year after such action by the Com
missioner of Pensions.
6. Any application to review the action
of the Commissioner OF Pensions or the
Secretary of the Interior in disailowing
in whole or in part compensation to an
attorney or agent where such disallOw
ance is based upon question of law
which has not been heretofore deter
mined by the Court: Provided. That the
jurisdiction of the Pension Court must
be invoked within 60 days after such dis
allowance.
Z. Any proceeding to disbar or suspend
from practice any pension attorney or
agent.
Sec ). That only questions Of law shall
be committed TO the Pension Court for de-
cision under the second. third. fourth and
sixth subdivisions of the preceding sec
ton, and in claims coming within these
subdivisions the Court shall accept the
facts found by the Commissioner of Pen
sions or Secretary of the Interior. which
ever last considered the claim, subject to
the authority of the Court, hereby given.
to require the Commissioner of Pensions
or Secretary of the Interior. as the case
may be, to fully find and state all of the
facts necessary to a decision of. said
claim if not heretofore so found and
stated. The questions Of fact committed
TO the Court for decision under the first.
fifth and seventh subdivisions of said sec
ton shall be determined upon such writ
ten evidence as may be contained in the
files OF the Pension Bureau and the Of
fee Of the Secretary of the Interior, and
upon such other evidence as may be taken
by way of deposition at the instance of
the Commissioner of Pensions or the