Sunday Washington globe., 1902-06-29

there The Interior department. mas never
gone publicly to the extent of holding that
the department can make and unmake the
pension laws at its will although the Hanna
syndicate has permitted Evans to do as ne
pleased with the pension laws without re-
gard 70 Congress. The Aunky Congressman
have not dared to raise a finger against
Evans.
This is a specimen Of the sly work going
on in the bureau under the Hanna anti-pen-
sion syndicate for rObbing Peter to pay
Paul These frauds against pension claim
ants and pensioners all have a bearing on
the salary.grab game which is now going
on in Congress. The salary-grab bill has
been drawn, and is held ready to spring at
a moment as a rider on some appropriation
bill, and rushed through secretly IN the last
hours of Congress. All illegal reflections
remain a sealed book unless the claimant
learns of the change of practice or that
Evans was overruled by the Interior De-
partment in the class to which claimant
belongs An honorable and.honest admin
istratiou of the laws would grant the legal
rights of the veterans under any circun-
stances.
AT the time of passage of act of May 9,
raising the widows exemption of income to
$3.50 (amount allowed by Commissioner
Raum under Harrison), the bureau notified
all rejected widows to refle. The veterans
had kicked up great disturbance against
the open and criminal violation of the PEN
sion laws by Evans and the Hanna syndi-
cate. Evans decided to notify widows (the
only claimants benefited by that law, and
send them blank applications for rehling.
This was done to quiet the veterans before
election, and to cover up that secret fraudu-
lent ruling Of the Interior Department
against the veteran himself as to the May
law, and pensioning rich widows as depend
ent. Why did not Evans instruct the clerks
to also notify at the same time those poor
widows with minor children of his former
ruling increasing their exemption of income
So per month for each child under sixteen
years old in their rejected claims; and that
their claims would be reopened and readiu-
dicated7 The May application was sent to
each Of those widows. The history of the
| pension bureau under the Republicans dur
| ing the Mckinley and Roosevelt admins
trations, furnishes its own answer to that
question The intention was to defraud
those widows out of their legal rights; to
rob Peter to pay Paul" Many claims were
allowed under that Sc ruling reaching back
six OF seven years. A few were reopened
where the attorneys had accidentally learned
of the change of rule and made a stand for
reopening
The GLOBE has shown how tenacious the
Hanna anti-pension gang are against re-
opening fraudulent reflections under the
new law, where the act of Congress of
March g. 1890, expressly and positively re-
quires each to be reopened and readjudi-
Gated deH05O without any request or other
step by claimant beyond the mere fling of
a new claim for pension, and how Evans
aud the syndicate have boldly dehed the
positive act of Congress for the purpose of
defrauding those old soldiers and holding
the money illegally in the treasury for ship
subsidy, salary-grab, aud other schemes.
(See GLOBE, June I, s, is and % instant;
May I8 and IS; April and 27.) The same
illegal and fraudulent obstinacy pervades
every class Of illegal rejections by the
bureau. Evans and the Hanna gang regard
an illegal rejection as something perma-
nently gained, net profit to the govern
ment and ownership established by the
illegal rejection; although the practice be
later overruled entirely and the illegality
admitted. Evans however blowed hot and
cold on the subject When he wanted to
drop pensions under Order 225, he could
6nd plenty of law for holding that there is
no such principle as res adjHdfcqta (estop-
pei by iudgment) in pension law or practice.
Also when he was trying to get Congress
to revise the laws and pretending that the
pension laws are as irregular as the straws
in a haystack, he bemoaned that claims
illegally rejected can be re.opened at any
time, and the mistake corrected in favor of
the claimants But when it comes to re-
opening illegal reflections, he formulates
another expression aud boldly and fraudu-
lently declares that he could not set aside
the findings of another Commissioner (See
Hughes 9 P. d. A notable case Of this
was referred to by Congressman Bell in his
cuckoo speech in Congress last January.
1t related to rejection by Commissioner
Black under that illegal revival by Black Of
the act of Congress- Section ATT, repealed
in 1870 requiring an army record as a pre-
liminary TO admitting lay testimony Of
officers and comrades. (See GLOBE, Decem-
Der 20, February and 10, April 6 and 2o.)
Bell was pretending that the rejection was
based on requiring proof beyond reason
able doubt, instead of on the mere technical,
but illegal requirement of record or atl-
davit Of an army physician. Bell was trying
| 10 make out bIOnB case against Evans
setting up that kind of a straw man to
knock il down in favor of Evans on the
| ground that Evans was estopped by Blacks
having rejected the claim on reasonable
4 doubt, as Bell pretended. That is the same
pretense set up by Congressman Warnock,
of Ohio, in an other similar claim which
Warnock declared he could gain in any trial
court in any civilized land. (See Globe.
February o. Warnock and Bell were try
ing to minimize Evans unlawful revival Of
a repealed law, and pretending that the re-
| jections, although unwaranted on weight
Of evidence, were based on reasonable
doubt a rule which can not be invoked
against the soldier where he has proved his
claim by legal weight of evidence. No
surmises or speculations can be INDUCED
in against him at the pleasure Of these Wild
eyed guessers against the testimony of
officers, comrades, and neighbors of unim-
peached and unimpeachable veracity. A
record in such cases would be merely
cumulative evidence Of no real value in
cases Of disease or injury. for the record
rarely shows more than a name of disease
on one occasion. But no record has been