Sunday Washington globe., 1902-01-19
THE FULLER CASE
In Which H. Clay Evans Rules
Against the Law.
AND ENACTs A sTAToTE

AND ENACTS A STATUTE
BY Which He Deprives an Old sailor
of the Allowance Made After
Twenty Years Service IN Lien Of a
Home in the Naval Asylum Evans
Calls the Allowance "A Service
Pension"
The GLOBE has been citing nothing but
he laws Of Congress against Commissioner
Evans in his administration Of the Pension
Bureau. This morning we lay before Con-
gress and the public the case of John Fuller.
Nothing but the facts and the laws of Con-
gress are alleged in this case, and yet any
fair minded honest citizen can see for him
self that H. Clay Evans has deliberately
robbed John Fuller Of the pension allowed
him by the laws Of the country under the
subterfuge and untenable techuicality that
Seaman Fuller cannot draw two pensions.
Evans knowingly misstates the facts in his
allegations when he saws John Fuller was in
receipt Of TWO PENSIONS in the accepted
and legal sense which govern and prohibit
the receipt of but ONE PENSION. The gen
tlenan calling our attention to this bald
faced robbery Of Fuller writes, among other
things:
The decision under which It is proposed
to make reductions is one of the most out
rageous, with the possible exception of de-
cisions in the Daniel Oberly case, ever ema-
mating from the department It affects men
who served in the navy from twenty 10
fifty years and is an attempt TO deprive
them of money over which the Secretary Of
the Interior and the Commissioner of Pen
sions have no control, neither Of them hav-
ing any more right to interfere with its pay
ment than you or have. The bureau letter
and the brief will explain the situation.
Perhaps I should add that the scheme to
defraud these old sailors aud marines is
due TO Mr. Evans and by him submitted to
the secretary, who instructed Campbell to
render a decision to suit conditions.
Now here is Commissioner Evans letter to
Mr. Fuller, and the reader will note the
manner in which this judge, jury and exc
cutiouer ENACTS, ADMINISTERS and Exc
CUTEs the pension laws Of the United
States.
DEPARTMENT or THE INTERIOR,
BUREAU OF PENSIONS,
WASHINGTON, D. c., NoUem6er I0, 1907.
bureau that you were pensioned February
I, 1895 by certificate No. 22.Io7 under the
provisions of section also Revised Statutes
of the United States, (act Of March 2, 1867
at the rate Of $40 per month from December
II, 1894, based on your service Of more than
twenty years in the U s. Navy
On February Il, 1896, your certificate was
reissued under the general law aud you
p, 1905. for right iuguinal hernia, complete,
incurred in service in line Of duty as sea
man, y S. Ship Vermont" U. S. Navy.
Such pension was made concurrent with
your above cited pension under section
47s6 Revised Statutes and a reissue was
made at the rate Of $50 per month from
September n, 1896 deductng all payments
under the act of March q, 1867, covering any
portion Of the same period.
You are informed that it is held by the
Hon. Secretary Of the Interior that while
your allowance uuder section Also Revised
Statutes is paid out Of the Navy Pension
Fund it is nevertheless a service pension
and that you cannot under the law. re-
ceive that pension and one at the same
time under any other law, as section 47Is
Revised Statutes Y. S. prohibits the pay
ment OF more than one pension at the same
time to the same person but gives the pen
sioner the right to elect which pension he
will receive.
You are hereby notified under the pro-
visions Of the act Of Congress of December
Al, 1893, that you will be allowed a period
OF thirty days from receipt hereof in which
to exercise the privilege of election allowed
you by law In the event Of your election
to receive pension under section 47S6 Re-
vised Statutes, your certificate will reissue
Hereunder at the rate Of $40 per month
from date of last payment and your pension
Of $40 per month under the general law will
terminate. If you elect TO receive pension
under the general law, your certificate will
reissue hereunder at the rate Of $40 per
month from date Of last payment and your
pension Of $40 per month under section
4756 Revised Statutes will terminate In
the event Of your failure to elect within the
said period Of thirty days this bureau will
reissue your certificate under the law giving
you the higher rate.
This letter should be returned with your
reply and the envelope inclosing the same
should be addressed to the Commissioner
of Pensions and marked in the lower left
hand corner Board of Review"
Very Respectfully,
RI. CLAY EVANS,
CommfSSi0Hsr
Mr.. JOHN FULLER
So9 r" st., 8. e., Washington, d. c.