The Birmingham age-herald., 1904-04-13
UNDERWOOD WILL MAKE STRONG KICK To Submit Minority Report on
 Pension Ruling
NOT WARRANTED BY LAW
Claims the President Has Simply Usurped Power and That Con- uress Should Not Submit
 Without a Protest.

Washington, April F. - Especially - Through the initiative of Representative Underwood of Alabama the democrats in congress have decided to vigorously oppose that section of the general de- ficieney appropriation bill which may be reported to the house early as Thurs day, carrying an appropriation of one million and five hundred thousand dollars to supply a deficit during the next fiscal year due to the order of the commission CT of pensions creating a service pension act
 The subcommittee of the committee which is now considering the bill has as its democratic member Mir Underwood. He has drawn up a minority report which will be presented to the full committee tomorrow protesting against the appro- priation on the ground that it is a usur- patton of legislative authority on the part of the President and that congress should not obediently vote to pay any appropriation the executive branch may desire. Mir. Underwood's views will re- ceive the solid support of the democratic members and while there is every like lihood that the bill will be passed in the form that it is reported, the fight will doubtlessly be continued by the senate democrats, and the debate continued on the paragraph for several days.
 In the report which MT. Underwood will present to the house he will declare that there is no law on the statute books that warrants the million and a half appro- priation asked for by the commissioner of pensions to pay the deficiency caused by the recent executive order MT. Under wood contends that the order does not intend to carry out the intention of con- gross in establishing the necessary proof to show that the applicant is entitled to a pension under the law but clearly es- tablshing a different basis for receiving a pension. and fixes a different pension able status.
 Had to Prove Service.
 For an applicant to apply for a pension before the recent order was issued it was necessary for him to show his service and also his disability of a permanent character that incapacitated him for man. ual labor. Now all he must do is to prove his age and service, regardless of the fact that congress prescribed that no pension be paid until there was suffering from T permanent disability. Mir Underwood says it was clearly not the intention of congress to establish service pension by the act of June 27, 1890, and that it is vicious system and unwarranted by the constitution to change legislation already on the statute books by executive orders issued by the department officers, chang ing the intention of congress-
 If 1t is lawful for an executive officer of the government to issue an order ac- cepting the proof that a soldier at g years of age has fully proved the perma- nent disabilities, would 1t not be just as lawful to issue an order stating that in order to prove permanent disabilities ev- cry soldier must show that he is at least 62 years of age, and cut off of the pen sion rolls all men who are not proved to be of that age?" asks MT. Underwood.
 ''One order" says MT Underwood, would not be invading the jurisdiction of the legislative branch of the govern ment any more than would be the other"