The National tribune. [volume] (Washington, D.C.) 1877-1917, 1901-09-19
WASHINGTON c. THURSDAY

no matter what the Medical Division may
| do with the substance Of the report Of the
| Surgeon who has seen and personally ex-
amined the claimant, and who. therefore,
must be assumed to be best qushaed 70
Judge of the character and extest Of each
disability, and what its rating should fair
ly and justly be.
l know il is difficult to cohesive why
officials who have no personal interest In
the result should endeavor to evade the
law, but when the inordinats desire 70
make a record for non-payment Of appro-
priated money c'saving It." as the Pen
sion Commissioner would call NJ Is borne
in mind, the reason Of the unlawful course
pursued will at once suggest itself.
DISPOSITION TO OVERRIDE THE Law.
We insist that this Is not question Of
the justification Of the present laws,
which we shall be ready to discuss a.
ways, and with all corners, whether open
opponents of the defenders Of his country
or pretended friends. who are at all times
ready to desert the humble and poor old
soldier when his cause IL attacked. But
it is simply question involving the pres
ent administration of the Pension Blu
reau, the honest and fair administration
of laws which are already on the statute
books. The necessity for immediate
change Is emphasized By the lament OF
the present Commissioner in his advance
sheets containing the main features Oh his
report for the fiscal year ending June 90,
1901, wherein he deplores the fact that
he has not been able to reduce the num-
Der of pensioners entitled to receive tbs
maximum rate under the law of June ~.
1890, below the number Of any other class
receiving a reduced amount, and ignores
the fact that by the rule Of nature here
intofore referred to. fairly and imparsislly
applied to these cases as the law requires
it to be done, the number receiving the
maximum amount is bound to increase; In
these words, to-wit: SIT will be noted that
the number Of pensioners receiving the
maximum rate under the act Is still great
ly in excess of those at any other rate"
The disposition to override thu law Is
still further emphasized By two cases
lately decided by the Secretary of the In
terror, on appeal from decisions Of the
Commissioner. refer to the case Of JON
athan Tolle, decided Oct. Is, 1900, in
which the issues involved were the same
as presented in about 5000 cases then
pending, and the case of Martin Wagner,
Nc. 125, decided July 20, 1891, in which
latter case it is disclosed that the Pea
sion Commissioner nulliisd the effect Of
the former decision, which was in favor
of the claimant, by wrongfully putting in
structions IN the papers Of the Tolle case
directing that the decision should not be
considered as a precedent or in any man
ner change the present practice of the Bu-
reau."
If an officers lawlessness, recklessness
and holiness go to such extreme lengths
az to lead him to override and ignore a
plain and unmistakable order indicating
the line of his duty, under the law, COM
ing from his superior officer, the Secre-
Of thn Inf xf-ho OF hn
and helpless old soldiers expect at his
hands when he is claiming to exercise his
discretion under that law2 The exercising
of his discretion cannot possibly result
i'll anything else in most of the cases than
a positive denial Of the benefits prescribed
by the law.
When the method adopted in the Pen
sion Bureau to nullify the law was |
brought to the attention of the Encano- |
ment at Chicago by the Pension Com |
mittee as part of its able and convine- |
ing report, it was still hoped that time |
and possibly a new head to the Bureau |
would ameliOrate matters for the deserv-
ing old soldier and the dependent widow.
10 guard, however, against any further
arbitrary exercise of power in that branch
Of the service, to settle all doubtful legal |
propositions by tribunal whose decisions
could be carried to the highest court in
the land for review, and to secure to each
claimant the right of appeal to an indie
pendent judicial tribunal free from all
partisan influence, and therefore enjoying
the confidence of all true people, thus
guarding the good name of the pensionsr
rs well as the Treasury, it was deemed
proper by the Pension Committee to care
fully prepare and submit for the ap-
prevail of that Encampment bill by the
passage of which it was proposed to create
4 non-partlSan court to be composed of
i've judges, and to be called the Court Of
Pension Appeals, with appellate jurisdic-
ion of all appeals from the Pension Bu
eau.
THE PENSION COURT OF APPEALS.
The bill was modelled after the main
features of the law creating the Court OF
Claims, the element of expense being care,
July guarded, so that it was confidently
believed that $4,000 would easily cover
he entire annual outlay therefor The
,ill vas prepared with the advice and APP
1roval Of some of the best lawyers of the
Nation, and the Encampment, after ma
ure consideration, unanimously directed
he Pension Committee to urge its pas
iage by the Congress in the interest of
he taxpayers as well as of our comrades
who are bitterly complaining of the arbi-
rary action of the Pension Commits
oncr.
Before the bill was introduced in Con-
,ress, another bill made its appearance
here as an emanation from the Interior
Department, and was urged to favorable
epOrt and passage on the ground that
t would make unnecessary the bill APP
proved by our Encampment Briefly
stated, the bill undertook to give to the
of the Interior the right of