The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-09-27
IDEAS or TIE CAMPAIGN.
The Roos syelt-ware Pension order Again


To THE EDITOR OF THE sUN-Sir; ] wish
To show that tho pension order issued during
President Roosevet's Administration IL 1858
subject to criticism as being made without
warrant Of law than the order which was
made under MIR. Clevelands Administration
In 1903.
In order to entite an applicant to an IN
valid pension under the act OF 1890 ne must
be suffering from mental or physical disa-
bility of permanent character, not the resul.
of vicious habits, which incapacitates MN
from the performance Of manual labor IN
such degree as to render him unable TO earn
q support.
And, furthermore, he must make PROOF OF
this fact according to such rules and regua-
lions as the Secretary OF the Interior may
provide T.
On making such proof in such manner he
would be entitled to receive pension OF not
more than sl2, and not less than SO per month,
"proportioned to the degree Of inability TO
earn support"
Manifestly here was required some author
ity to determine in each case what was the
degree of inability to earn support by man
ual labor. And manfestly the Secretary OF
the Interior was required to make rules and
regulations as to the due proof OF such dis
ability
Under these provisions. under President
Cleveland g administration. the order OF sept
2, 1903, was made. That order provided that
"the medical referee or the medical oincer
in the Board OF Revision" should determine
the degree of such disability. and that rate
corresponding to that degree should be al
lowed.
1t further provided that II the applicant
had reached the age Of rs years he should
receive the maximum for senility alone, II
there are no special pensionable disabilities
shown
This language Is somewhat blind. but IL
would seem to be an order that proof that
the applicant was rs years old would be due
proof of complete disability to earn support
by manual labor, even II no proof were fur-
nished of any special disability which would
of itself entitle the applicant to pension. III
would seem that under that order the apph-
cant, II rs years Of age. would be held entitled
to the hi CHEST pension. even IL IL were proved
that he was able to earn support by manual
labor, or even was actually earning such sup
port
Now, the order Of March, 1904, on which
Democratic criticism charges President
Roosevelt with trampllng on the Constitu-
ton and ordering the payment of public
money without authority OF law. differs from
the order OF September. 1893. in several par
ticulars:
1. 1t refers to four ages. 90 years, s5 years.
es years and 20 years. instead OF to the age OF
rs years alone.
2. 1t provides that proof OF such age shall
be considered as proof OF partial disability
to earn q support by manual labor as to the
first three ages, and of complete disability as
TO the age of 70 years; whereas the first order
referred only to complete disability.
3. 1t provides that In all such cases such
proof of age shall not be considered proof Of
disability, partial or complete, II the contrary
appeared: whereas the order of 1893 provided
that proof of rs years Of age should be con-
elusive proof of complete disability. even
though the actual fact were otherwise.
Now. if the power was given by the statute
to declare what should be the effect, as proof.
of the age of rs years, the same power was
given to declare what should be the effect OF
the age Of So or 20 years. And IL the power to
Az the proof OF complete disability was given.
so was the power to fix the proof OF partial
disability.
And il the power to make the regulation OF
lsos as to what should be conclusive proof.
was given by the statute. surely the power
to make a regulation as to what should be
evidence, but not conclusive evidence. must
have also been given. for the greater includes
the less.
The action OF President Cleveland. and that
Of President Roosevelt, In making those
orders was taken under the Same authority
of law. And II either of those orders is to DO
charged as overstepping the bounds OF that
authority it Is that of President Cleveland.
and not that Of President Roosevelt.
NEW YORK. Sept. %. r. d. B.