Sunday Washington globe., 1902-01-19

so as to in nowise permit said section to
curtail or interfere with its provisions
'It will be seen by reference to the act Of
March 2, 1867, that nowhere IN said act is
the allowance provided for in lieu Of a
home in the naval asylum termed a pension
nor even referred to as such. II 10 true that
IN Section 47s6, the following language Is
used, and application for such pension
shall be made TO the Secretary Of the Navy, 3"
but as said section is re enactment Of the
act Of March 2, 1867 Il must be apparent
that the changed language was the result Of
a bluuder Previous to the passage Of the
act of March ?, 1867 no provision existed
for the care aud comfort Of meu who. after
twenty years service in the navy, were ply
sically disqualified for re-enlistment, did
not partake of the benefit Of home in the
naval asylum, and TO afford such men relief
is the object Of Section 47s6, Revised
Statutes, which plainly says that If you do
not desire to take up your home in the
naval asylum the Navy Department will pay
you in lieu thereof commutation at the rate
Of one-half the pay you were dIawiug when
last discharged Your long service makes
you a shareholder in the naval pension
fnud, which belongs TO the enlisted men of
TIC OuAlEQ DAdAGo ANAN ahA ~ - Jul JUST ANaA
the Congress of the United States recog
nizes your interest therein by making some
provision for your care and comfort when
ever you desire to live apart from the naval
asylum. This being true and as heretofore
stated you have no more right to deprive
me of such money than you have to deny
me a home in the naval asylum because
draw a pension under the general pension
II y. -.
candid enough to admit you do not possess.
A sailor or marine drawing pension under
the general pension laws for disability in.
CURED in the service and line Of duty hav-
ing the requisite number Of years service to
entitle him to admission TO the naval asy-
lum cannot be deprived Of such pension be-
cause he takes up his home there and
becomes its beneficiary, neither can he be
deprived Of such benefits because he is
in receipt of a disability pension, so
neither has the Secretary Of the Interior or
the Commissioner Of Pensions the authority
to deprive me of home in the asylum, nor
of the money allowed me, from fund over
which neither of them exercises the re-
hottest control in lieu Of such home Such
allowance is not service pension and is
not paid me for service, but is allowed me
as com mutation 10 ASSIST III my support
whenever I elect to live outside the naval
home and is terminated, not by the au-
thority Of the Secretary of the Interior or
the Commissioner of Pensions, but by di-
rection of the Navy Department whenever
take up my residence in the Naval Home,
and when the Secretary of the Interior de-
cided that such allowance was a service
pension he assumed authority he does not
possess in other words he interfered in a
matter over which he has no control and
consequently his decision. so far as my
naval rights are concerned, is without force
of lawful authority.
Il therefore decline to voluntarily sur
render the pension paid me for disability
incurred in the service aud line of duty and
protest against unlawful interference with
the payment of the allotment made to me
by the Secretary Of the Navy in lieu of a
home in the Naval Asylum.
81 submit this ia response to the bureau
letter. which shall retain as I may have
future use for it, and have authorized my
attorney, James + Brophy, Of Washington,
d. c., to make such appeal to the Secretary
Of the Interior as he deems proper and this
will operate as notice that such-@ppeal has
been taken, Very respectfully,
JOHN FULLER"