Sunday Washington globe., 1902-01-19

I AdA VI An~ navy nIAhutN AA A1A-a~N~
snce Of a home in the naval asylum
'rhe Secretary of the Interior has not the
power to either allow or reject my aPpliea-
ton for admission to the naval asylum, or
an allowance Of half pay in lieu of my be
coming beneficiary thereof The Secre'
tary of the Navy alone possesses such
authority, and when ne certified my name
to the Commissioner of Pensions as having
been allowed half pay in lieu Of a home in
the naval asylum, the latter must inscribe
my name on the pension rolls and pay the
allowance as il becomes due, and he has no
other authority over it. The statute author
iziug the pa aymeut Of this allowance from
the income from the naval pension fund
makes a convenience of the Commissioner
Of Pensions BY directing the placing of the
names Of beuehcisries on the pension roll,
so as to secure payment 10 them through
the agents for the payment of pensions
connected with his bureau, this being the
only function the Commissioner of Pen
sious and the Secretary of the Interior per
form in connection with allowances made
under Section 4756, Revised Statutes.
1T would, therefore seem that, as the
Secretary of the Interior is not law officer
of the Navy Department he has no author
ity rendering null aud void, by his action
or decision, the operation of an allotment
made by the head of a department with
which he has no connection, aud whose
action he is not authorized nor qualified TO
revise or set aside; therefore any decision
he makes respecting Section 47S6, Revised
Statutes, is without force Of law and in
valid.
''rhe naval pension fund now exceeds thir-
teen millions Of dollars, and belongs to the
enlisted men of the United States Navy
became the possessor of an interest in il
through long and honorable service, there
being two ways, by either Of which, I can
partake Of the benefits Of said interest. The
FIRST being acceptance of home In the
naval asylum and the second, the accept
auce of a money consideration ia lieu of a
home there. can take my choice of either,
and if elect to receive the money aud live
outside the home il is not service pension,
and is not so designated in the statute, but
is an allotment paid me in lieu of my being
supported and cared for in the naval asy-
lum. To deprive men who have served in
the navy from twenty TO fifty years of the
benefits accruiug TO them because Of such
service and consequent shareholders in this
fund upon the ground that the relief paid
them Is a service pension within the mean
ing Of the general pension laws, and 10 sub
ject their lawful rights to a game of battle
dore aud shuttlecook at time when they
are far advanced in years appears to be most
unjust, especially so when it is done with
out authority of law
Capable and competent officers Of the
department have heretofore passed on the
question of the rights of tweuty-year men
to the allotment in lieu of a home in the
Naval Asylum in addition to a disability
pension and decided in their favor, and to
be just and entertain proper regard for the
lawful rights Of the applicants they could
not do otherwise In the case Of William
Bealer the Navy Department held, under
date of August %, 1897 that allowances
made under act Of March 2 1867, are not
pensions. A copy of this decision was fled
in the department in the case of William
Finley United States Navy, and can be re-
ferred 70 or the department can obtain
copy Of it from the Judge Advocate General
/ United States Navy.
I submit that I am not in receipt of two
I pensions; that I have proved my title to the
I pension I now receive for disability incur
I red in the service and line of duty, and I
/ deny your right to deprive me Of it unless
you can establish fraud on my part in Sc
curing IT, and even then before YOU can
suspend or drop me from the rolls you must
acquaint me with the character aud nature
Of the evidence warranting such action
something you have not done in this case.
II protest against any interference in the
payment of the allotment made by the
Secretary of the Navy to me in lieu of a
home in the Naval Asylum. Especially do
protest against such interference on the
part Of persons having no control whatever
over the allowance or rejection of such al
lotment and who are not vested with au-
thority Of law to control in any manner the
allowance of said allotment
This allotment being paid to me in lieu
of a home in the naval asylum is not a pen
sion within the meaning Of Section 47Is,
Revised Statutes being merely an allow
ance made me out Of fund in which, by
virtue Of my long and faithful service, I
became a shareholder, and which am COM
| PEELED to surrender whenever I take up
my residence in the naval asylum
As pensiouer under the general pen
sion laws the Secretary Of the Interior is
not possessed of the authority to deny me
a home in the naval asylum because Of my
being in receipt Of such pension neither
has he the power to deprive me Of the
money paid me on the certificate Of the
Secretary Of the Navy whenever I elect to
live outside the asylum in lieu Of a home
therein.
1T is noticed that pensioners under the
general pension laws in receipt of aid from
the naval pension fund under Section 47sz,
Revised Statutes, are not disturbed or in
terfered with in drawing such aid in ad-
dition to the pension, yet they draw such
aid on account of ten years service, while
the man who has served from twenty to
fifty years is punished by being deprived
Of the allowance the statutes entitle him to
whenever he chooses to live outside the
naval asylum. and such punishment is at
tempted by officials having no connection
| whatever with the granting Of such allow
ance or with the department having sole
authority over the question Of my title to
! II. Congress never made or intended such
| discrimination against the man who served
/ twenty to fifty years In favor Of the man
having but ten years service. II appears
absurd that the act Of March 2, 1867,
/ could in any possible way be so divided
and construed into meaning that the man
having twenty to 6fty years service should