Sunday Washington globe., 1902-01-12

Each oppression, illegal ruling and vio-
lation of positive laws OF Congress by Pen
sion Commissioner Evans results in loss to
claimants, partially or totally irrecoverable,
and in most cases totally so. Evans con-
duct is Intentionally criminal for which he
could and should be prosecuted in the
United States courts. The acts Of attorneys,
against whom he gets up prosecutions, are
infnitesimal when compared with Evans
crimes against pensioners and claimants.
Attorney Phillips has an SIoo, 600 damage
suit IS. Evans. Nothing short of the power
of the junto md of the administration pro
tects Evans from prosecution Let the
District attorney bring the books and files
cited before the grand jury, as specified in
the several issues Of the GLOBE, and Evans
will be indicted in thousands and thousands
O. cases.
In many Of these fraudulent practices
where Evans was overruled and called
down, he is to-day pursuing privately the
overruled illegal practices. Take the case
of his illegally Withholding for one syear
the order for medical examination in claims
for straight increase, thereby unlawfully
depriving soldiers of one years increase.
The President Of the United States could
not authorize that On March 90, 1893, in
well-cousidered decision (Granless, Q p
d. 2Ss), Assistant Secretary Davis over.
ruled this order 352 of Evans, and directed
Evans to return TO the rule printed in the
Office book Of practice (Walker's Treatise
D. 52), which requires the issuance of the
medical order as soon as practicable after
the filing Of the application but not to
finally adiudicate the claim for increase out
of its order nor within six months from the
allowance of original pension. The reason
given for this expedition is Sec. 46o8H of
the pension code, which makes the in
crease when allowed commence only from
date of this medical examination, not from
date the claim for increase was filed This
applies only to claims for increase Evans
issued order $50 for a bold stealage of one
years. increase from each successful claim
ant Evans, after the above decision,
changed his printed order to read as re-
Quired, but continued his practice He
secretly instructs his clerks not to issue the
medical call for examination until six
months after filing of claim. In all new
disability claims under the old law, and in
original claims (where there is no such re-
quirement the date Of medical examination
havingn effect on date of commencement,
Evans has the order issued Withiu six days
He just reverses the practice for an unlaw.
full purpose.
Notwithstanding several G. A. r. news
papers complained of this continuance Of
the fraud for stealing six months increase
(say S24 on an average) from each success
full claimant, Evans has been able to
secretly continue the practice in violation
of his own printed order. He is getting
up to snuff" in secret tricks. This is one
reason why he, Hitchcock and the Con-
gressional junto are fighting off Congress.
sional investigation. 1t would take no
longer to issue the medical order to
claimant within six days after the applica-
ton was filed, than at the end of six
months, and the order could be as readily
and conveniently issued within six days as
six months and would take only ten
minutes He issues the medical order
within six days after application is filed in
all claims where the pension is to commence
from date claim was filed
If nothing was to be saved for the sur
plus" by delay in increase claims Evans
would issue the medical order as promptly
in them as he does in original claims. After
the G. A. r. papers complained Evans put
a paragraph IN his annual report, stating he
was practically up on issuing medical
examination orders. He wants to deceive
Let the books be examined. Attorneys
know how this is. Congressman Sims in that
debate GLOBE, December 22), argued that
as pensions are gratuities, the veteran
should not complain if Evans is slow (that
is, steals part. Let the other mans OK be
gored, and the fraud will be brought home
II is a question Of legal rights and the su-
premacy of law. Let the pension laws be
repealed rather than defrauded Judge Ras-
sieur in his address before the last C. A. R.
National Encampment, in moving steps be
taken for Evans removal from Office, said
We insist that this is not question of the
justification Of the pension laws which
we shall be ready to discuss always, and,
with all corners whether open opponents of
the defender of his country or pretended
friends who are at all times ready to desert
the poor old soldier when his cause is
attacked but it is simply question nvolv-
ing the present administration Of the Pen
sion Bureau, the honest and fair admins
tration of the laws which we already have
on the statute books
Evans is not working for righteousness
sake in requiring guardians to prove that
the insane soldier is dependent and to prove
that the minors are dependent before he
(Evans) will pay out the money. He makes
a religious argument only as a hypocrite
uses his religion as a cloak He wishes to
conceal the Illegal Limitation ,of his own
invention), which he has illegally attached
by construction to the law. tSee last issue
of GLOBE.
There is no law requiring Civil War
veterans or minors to prove dependence.
All laws for pensioning them are for the
rich and poor alike (See GLOBE, Decem-
Der ~, citing Baugher Z p d. page 434)
But If Evans can attach this clause TO the
law against minors and the insane, he can
permanently keep the money in his hands
for the surplus from year to year against all
those who are not dependent And when
they die the money Of all deceased minors
and widows will then revert to the United
States absolutely, and also Of all insane
veterans in all cases where the veteran left
neither a child under I6 years old nor a
widow. This will catch thousands and
thousands OF pensions. All minors are not
dependent, nor are all the insane depen-
dent Neither section 47oa nor the act June
~, 1890, requires the soldier or minor to
prove dependence. The payment Of the
pension Is mandatory on the commissioner.