The National tribune. [volume] (Washington, D.C.) 1877-1917, 1901-01-24
THE VICIOUS SUBSTITUTE.

Immediately after the introduction of
the Court of Pension Appeals Bill last
Summer Commissioner Evans had Sen
ator Gallinger and Representative Louden-
slayer introduce the. following bill, to head
off the g. A. Il. bill and prevent IFS pas
sage:
BE it enacted by the Senate and House
| of Representatives of the United
States of America in Congress as
sembled. That the Secretary of the
Interior may during any calendar
| year certify to the Court of Claims for
adjudication, as herein provided, not eX-
ceeding five claims for pension, pending
before him or the Commissioner of PEN
SionS. Severally believed by such Secretary
to affect class of claims and to involve
an important and difficult question of law
arising in the administration of the PEN
sion laws. The certifcation of any such
claim shall consist of n concise statement
by the Secretary of the Interior of the
facts relating to said claim, as found by
him, and of the questions of law arising
in connection Herewith. The Secretary
shall cause the claimant or his attorney
or agent of record to be notified of such
certification, and thereupon the Court Of
Claims shall proceed TO the adjudication
of said claim, giving special attention TO
the tE'tIIllHdllOH VI NutSlltllS VI
name; by the Secretary of the Interior
if deemed by the Court TO properly arise
| in the case AMI to be important or diff
cult of solution. The judgment of the
Court of Claims shall direct the allow
ance or rejection of the said claim in
whole or in part, as to the Court shall
seem right under the facts certified and
| the law applicable thereto. Either party
may appeal from the judgment of the
I lNA
! Supreme Court in the same manner in
which appeals are taken from the judg-
mcnts of the Court of Claims in other
cases. The final Judgment in any such
case shall he certified by the clerk of the
| Court of Claims to the Secretary of the
| Interior. under whose supervision it shall
be carried into effect by the Commissioner
of Pensions i'll like manner as are deci-
sions of the Secretary of the Interior upon
pension claims. Upon it satisfactorily ap-
pearing to the Secretary of the Interior
that the claimant in any case so certified
is without sufficient property or means to
enable him TO prosecute said claim in the
courts. as herein provided, such Secre-
tary shall be authorized to employ suita-
bile counsel of the claimants selection at
Il cost of not exceeding one hundred dol
lars for the services TO be rendered in each
court, which compensation, upon the COM
be paid upon the warrant of the Secretary
of the Interior ont of the money appro-
priated for the payment of Pensions of the
class to which said claim belongs. 1t shall
be the duty of the Attorney-General to
cause some competent attorney from the
Department of Justice or the Interior De-
partment to appear and defend the inter-
cStS of the United States in all such cases.
which shall he advanced for hearing and
I..is,ior, in tho rpSnprfiVp cOurtS rs soon
as may be practicable
This bill is still in the way, and the
strongest obstacle to the passage of the
Court of Pension Appeals Bill. The OBJ
jections to it are simple and conclusive:
/. 1t comedies Evans's unjustifable con-
tcntion that there are complications and
mysteries in law which to any reasona-
bic man is as plain, direct and unmistaka-
bic as English words can make it.
3. 1t gives to the Secretary power that
he already possesses to the fullest extent.
He can any day certify not merely five
but any number of cases to the Court of
Claims, or any other Court, and ask jul
dicial determination. That he does not do
so now is the best evidence that he does
not care TO.
3. 1t allows the Secretary-actually the
Commissioner of Pensions-to select the
cases, and not the aggrieved claimants.
The Secretary the Commissioned shall
make concise statement" and upon this
the case shall be tried not, as in every
other judicial proceeding, upon the COM
plant and statement of the party con-
eeiying himself wronged. This is a most
startling and revolutionary alteration in
the common and American method of pro-
cedure. 1t is an introduction of the meth
DDS of the Inquisition, which prepared its
own cases, and compelled its victims to
trial on its own grounds.
4. 1t does not permit the Court to take
cognizance of any question not specifically
named by the Secretary.
). 1t does not provide that any other
claim or class of claims than the one i'm
mediately under consideration shall be af-
fected by the Courts decision.
6. The Court of Claims is now 2H
years behind with its business. As we
can readily expect that the Commissioner
Of Pensions will be very deliberate about
selecting the claims for certiication, it is
not improbable that a decision may no:
be reached until near the close Of Presi-
dent McKinley's second term, four years
hence.
Z. Lastly, and most important of all, it
does not touch the principle of the Court
Of Pension Appeals Bill, which is that
every veteran and veterans widow has the
same natural, indefeasable, American
right to a speedy judicial determination Of
the justice of his or her pension claim that
lie or she has to the ownership and pos
session Of his or her home, farm, COW or
pig.
Mr.. Evans's bill is simply mockery
and snare, intended to further delude
and battle the veterans.
THE House Committee on Invalid Pen
sions debated the Court of Pension Ap-