Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-06-27
PRAISED BY S|cKlES
Commends' Order Making 60
Age Of Disability.
TO PENSION VETERANS
ATTITUDE OF CLEVELAND AND
MCKINLEY CITED.
Analogous Cases in the Retirements
From Active Service in tho
Army and Navy.

Major General Oliver o. Howard. U. g.
A.. retired. has made public letter he re-
ceived recently from Major General Daniel
e. Siekles, U. 8. A.. retired commenting the
famous pension order 7S. Generals Howard
and Sickles recently Travelled to Gettysburg
together to attend the Memorial day exer-
cises, and 1t is understood that there was
a conversation between them regarding the
order and that General Sickles expressed
himself most freely in commencing 1t. After
returning to his home General Howard
wrote to General Sickles and requested him
to put in writing what he had said about
the order. This General Sickles did and
General Howard sent copy of the letter to
this city.
General Sickles writes
"Order No IS, dated March 15 1904.
which recognizes old age as disability in
capacitating Il soldier or sailor to earn
living by manual labor and therefore, en-
titIng him to a graduated pension under
the act of June 81 1890, Is sustained py
precedent and law, and Is one or the Wlsest
acts of President ROosevelts admlnlstra-
Commissioner Lochran's Order.
you and I have heard this order de-
nounced as usurpation of legislative author-
ity by the executive. These critics forget
that Judge Lochran, President Cleveland
commissioner of pensions, by MS oroer VI
September 2 1898, gave the same erect 10
the act of 1890. fixing. however, the age , on
seyenty-hve as the period OF dlsapliity. me
legality of Judge Lochrans order was not
questioned. -. .ho
president McKinleys Secretary OF tne
Interior in July, 1897. established the RUE
that a claimant for pension uhue d me me ece
of lime 81 1890, who has attained the dSe
of sixty-fiye years, shall be entltleo 70 a.
least the minimum rate of pension Sso a
month"; provided by that act Inns, Inns ofuei Va
President Mckinley was not disputed
"President Eoosevelt's commissioner VI
nensions Colonel Ware, in his now famous
order No IS, approved by the Secretars ~
the Interior. Mr. HitchGock, ot LII nf lime q.
1870 has passed the age of slxty-tWo ne 10
sabled one half in ability TO perform ma II. se
ual labor AMI is entitled to be rateo q. a. 81 ~
ner month the minimum pension tl.oi
sixty-fve years at So per month; ai.eI So 80
eight years at SO per month, ana al'el SCI
enty wears at $12 per month"; 'he hi"N'
num- e., hasod unon the
G, me- INTERPRETATION of the act OF june e.
1saO If Cleveland and Mckinley were rlen''
Roosevelt Is right.
Analogous Cases.
eft is the common experience OF ihanN'
that old age units one to earn d hNiie
manual labor Who will give Joo VI ia.
work to a man over sixty! we n 80 70
that our pension office has for many &c,
recognized old age as iesai ao1d,er or
affectinR the fitness of veteran soiL,.t
sailor to earn a support. President ftooso
Welt declares this inability begins d. .iie az
of sixty-two. That is true-ano hooeet...
has the same authority to fix the pension
ah1e ner,od as Cleveland and Mckinney nau
when theye were in power. Onnceis VI VI.
navy are retired from service at .ha' 80 60
army officers are retired at slxty-ioui' 10
oress determined these periods IN 100.
Cd that all OF our SOluici
who served in the Mexican war VINO We
over sixty-twO years or age, siou ~
MIA ced on the pension roll giving the,ii 90
months more per mo then civil war soldiers
of the same age The President followed
| these analogous cases .,. .ho
.,The Almighty Ruler has enacted tnat tile
great mass of mankind are seriously ois-
ahIad from earning by manual labor al
s,Yty-two wears and President RooseVei'
and the pension bureau have only recosl,in
| ed that law in determining that the pension
| NJ a veteran for disability. under the act VI
Iune 81 1890 shall begin at that age, at the
| rate of s6 a month, and be increased sraau-
| tlly until at the age or seventy SlI
month is allowed. AS Senator Spooner wen
| said. Service in the army is dra1t upon
| the future which must be honored In OLD
| age The average age of the SURVIVORS is
now between siXty-two ana slxty-IVe yea g.
| Many a soldier sailor. In one DAY OF DAT
| Ito does the work of years veteran SOL
| sooner than the average man.
Orders of Cleveland and Mckinley.
.Is the Roosevelt order censurable be-
| cause II says that the disabilities OF ola age
| begin at sixty-two and eliminate at sew
entv2 WHY was not Cleveland denounced
| for the pension Office order of 1888? Is II
| because seventy-five years was hxed as the
| reasonable age? Why was not Mckinney
denounced for the pension ONCE order oI
t., = han
| fixed as the pensionable agef II Roose-
| velt's order Is a usurpation OF legislative
authority then Cleveland and Mckinney
are 'particeps enthusiastically guilty. BUT
nobody ever complained Of these acts OF
| Rooseyelt's predecessors. 1t is only our
| strenuous, young Hotspur now President.
| who Is found to be in fault in following the
footsteps of his predecessors.
Are these acts of Cleveland. Mckinley
and Roosevelt lawful? Yes. 1t Is long
tabished rule OF our courts that IN con-
STRUNG a law which Is to be applied by
| the executive department of the govern
ment the courts will sanction and accept
the practical operation and effect given
| to the statute by those charged with the
duty of putting 1t in force unless SUCH IN
| terprets ton of the law is repugnant to
| it's plain intent and meaning. For ten
years the government has regarded old age
as a disability emitting soldier or sailor
| of the civil war to a pension under the ac1
| of June q, 1890, which grants pensions to
tho Sc who are unable to support themselves
by manual labor. Congress has uniformly
appropriated the money necessary to pay
| these old-age pensions. These appropria-
| tions are all recognitions and approvals of
| the executive action. granting old-age pen
stems The courts hold that such sanction
| by Congress is conclusive on judicial tribu-
rails.
Supported by Supreme Court.
President Roosevelt's order No. IS. Of
March 10. 1904, Is, therefore, the law Of
| the land-having 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
| O. the Supreme Court OF the United States.
See McKeen agt. Delany. Cranch. 22i
Brown agt. u. g.. 113 U. 8. 588: The Laura
ia T. g. All; u. 8. agt. Graham 10 U. s..
40; U. g. agt Philbrick 120 U. g. 81; U. s.
| agt. Johnston. 124 U. s.. 238.
'It 10 said that order No. 70 costs money
Yes that Is true. Time 10 responsible for
| this-not Roosevelt The veterans are grow
| ing old: thousands OF them, every year.
| DE- IS the old age period Of sixty-two. The
war of the rebellion began more than forty
years ago. Most of the men who fought
| for the Union are past three score years
The critics have the consolation of know