The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1904-07-15
AGE A DISABLE IT


a draft upon the future which must
be honored in old age" The average
age of the survivors is now between
sixty-two and sixty-five years. Many
a soldier or sailor in one day of bat
tie does the work of years. Veteran
soldiers and sailors feel the fnfirmi-
ties of age sooner than the average
man.
Is the Roosevelt order censurabIe
because it says that the disabilities of
old age begin at sixty-two and cuImi-
nate at seventy? Why was not CJeve-
land denounced for the Pension Office
order OF 1899? Is it because seventy
five years was fixed as the pensionable
age? Why was not Mckinley de-
nouuced for the Pension Office order
of 1897? Is it because sixty-tive years
was fixed as the pensionable age?
If Rooserelt's order is a usurpaticn
of legislative authority, then Cleve-'
land and Mckinley are "particeps
crfmini''-equalIy guilty. But no
body ever complained of these acts
Of Roosevelt's predecessors. It is
only our strenuous young Hctspur,
now President, who is found to be in
fault in following the footsteps of his
predecessors.
Decisions That Support the Order.
Are these acts OF Cleveland, Nc
Kinley and Roosevelt lawful? Yes.
1t is long established rule of our
courts that in constituting law which
is TO be applied by the executive de-
partment of the government, the
courts will sanction and accept the
pra ctical operation and effect given
to the statute by those charged with
the duty of putting it in force, unless
such Interpretation of the law is re-
pugnant to its plain intent and mean
ing. For ten years the government
has regarded old age as a disability
emitting a soldier or sailor of the Civil
war to a pension, under the act of
June p, 1890, which grants pensions
to those who are unable to support
themselves by manual labor. Con-
gress has uniformly appropriated the
money necessary to pay these old age
pensions. These appropriations are
all recognizations and approvals of
the executive action, granting old age
pensions. The courts hold that such
sanction by Congress is conclusive on
judicial tribunals.
President Roosevelt's order No rs,
of March Is, 1904, is therefore the law
of the land. having the authority of
the executive. legislative and judicial
departments of the government. The
propositions Of law, maintained in this
letter. are supported by familiar, cases
to be found in the reports OF the SUI
preme Court of the United States.
| (See McKeen VS.. Delany, 5 Cranch %;
Brown VS.. United States, 113 United
States, SOS; the Laura, la United
| States, 411: United States VS.. Graham,
| 40 United States. 40; United States
vs.. Philbrick, 120 United States, 50;
United States VS.. Johnson, 124 United
|. States, 236)
1t is said that order No. IS costs
| money. Yes, that is true. Time is
responsible for this; not Roosevelt.
! The veterans are growing old; thou
sands of them every year pass the old
age period of siXty-two. The war of
the Rebellion began more than forty
years ago. Most Of them who fought
for the Union are past threescore
years. The critics have the consola-
ton of knowing that death will soon
terminate the pensions granted for
old age.
Both parties, Democratic and Re
publican, have recognized and adopted
this humane and reasonable interpre
| tation of the law. The courts OF the
United States will sustain order No
rs, whenever one of the critics of the
| President will venture to go into court
to challenge it's legality. The arrows
| of his assaiants will fall harmless at
his feet. The living veterans of the
civil war, their children and kindred
| the descendants of the million who
have died, and all of our people who
cherish a manly sympathy for the
| needs OF their defenders. now totter.
| ing toward their graves, will bless
Roosevelt for his kindly and just &C.
| ton. Sincerely yours,
DANIEL F. SICKLES.
|