The National tribune., 1901-02-14
TIE VICIOUS SUBSTITUTE.

Certain publications in the press and
assertions by the Secretary of the Interior
in regard to the attitude of the Command
er-inChief and q. A. Z. National Pension
Committee toward the Court of Pension
Appeals Bill, and toward the substitute
prepared By Mr.. Evans, and introduced to
head off that bill, and known as 'The Sec
retary's Bill, induced the Commander-in-
Chief to request a hearing by the House
Committee on Invalid Pensions for him
self and Chairman Brown. This was
given last Friday. The COmmander-in-
Chief was present, but Chairman Brown
did not come on.
The hearing took place last Friday The
Commander-in-Chief asserted in the most
positive terms the loyalty Of himself and
the Committee to the bill indOrsed by the
National Encampment, denied emphatical-
iy the allegations to the contrary, and op-
posed vigorously the "Secretary's Bill
which it was claimed they favored. He
said that bill would satisfy nobody: it was
vicious and un-American in principle, be-
cause it gave the Commissioner of Pen
sions the right to select the cases sub
mitted, and not the claimant who consid-
cred himself aggrieved. 1t gave the Sec
retary the right to certify FIVE bills to the
Court of Claims, where now he has the
right to certify any number he pleases 1t
gave the veterans nothing that they asked
for, and did not approach the principle of
the bill for the Court of Pension Appeals,
which granted to veterans the common
A ,i,yha ~, % .Hn;,
sion claims which every citizen enjoyed in
respect TO the most trifiing pieces of prop
erty. So far as the ability OF the pro-
posed Court of Appeals 10 transact bust
ness was concerned, he would say that as
Probate Judge he had disposed of 5000
cases, more or less complicated, in year,
many of which had been hanging on Ior
peal Judges could dispose of cases with
equal facility. There were in reality but
few principles Of law in controversy, and
one decision would carry with it thou
sands of cases. The immense accumula-
ton could be quickly disposed Of, by rea-
sonable industry, and proper relief given
to tens of thousands Of long waiting vet
Grams and their widows.
Judge Calderhead, of Kansas, made a
lengthy explanation of his opposition to
the Court of Appeals Bill. He said that
in 1892 Il similar bill had been passed By
Congress, and seven out OF the eight Cir
cult Judges at that time in the United
States had decided the bill unconstitu-
tional, inasmuch as il was not a court
in the Constitutional sense, but merely
an Auditing Board, which heard ex pafte
evidence. Forty years later Chief Justice
Taney had reahirmed that decision. Allu-
sion had been made to the Court of
Claims. He had never believed in that
Court, did not think that it was legal
body, and his only consolation was that it
! could not give a final decision.
Capt. Geo. II. Patrick, Special Aid in
charge OF Pension Legislation, replied 10
this that the Committee were entirely ia
miliar with the decisions referred to, and
had given them careful consideration. The
matter referred to was not an attempt to
| create n new Court, but TO refer claims
growing ont of the war to the Judges of
the United States Circuit Courts then es-
tablished, and it was ,ightfully held that
the act, as drawn, required the exercise of
no judicial power by the Judges, and they
declined to act as Commissioners. The G..
A. r. Bill proposed Il Court in the real
sense, and against which those objections
could not be made.