New-York tribune., 1904-09-26
UPHOLDS PENSION ORDER
Continued from first page.

entitled to at least the minimum aamHpa1 amGe1 total
scribed by the act, that is. as for oaeonslv ad-
disability; and the law has been hMMrKinIey or
ders without any question being raised e4terior to
estsbIish such rules OF evidence or as 70 the cor
rectneSs of the themselves; so IA ora alone
created disability within the meaning OF the tne I Nc
It will be observed that the CleyeanG Cl4in1s ai of
facts and thus they make final INTERPRETATION fbey Sr
hs law & apP9ad6e 2d u No an rs ISSUED by Commissioner
Ware on March 10 1904. For that order estaDlisHes
Eng aS IS disabled IN his ability to perform manual
labor. one-half at sixty-two years o. bs t sew
enty years Of age, and totally above the age & OF
the average nature and extent Of disability to per
form manual labor established with reasonable GER
And while general rule is thus established which
VIII doubt govern In most cases, the TebuttaDte
degree Of abiIifv specaed in the order IS found
by the examiners or the surgeons not to exist
Before Order No. IS was made the surgeons nad
cleveands order of ISIS the medical ofcer was
directed to weigh each disability and determine
disabilities disable the claimant from earning a
to this degree sba be oed SH And the Rooge
xelt order Is nothing more than codlhcaton 10 or or
bureau during a long Course of wears Under the
Cleveland order, And MT Cleveland himself, with
of the constitGton Club. said of the Roosevelt
5 merely the w s6' so as tn
change; Snange & So far as can see. the change is in
For lawyers to argue that such construction Of
a law by department for the purpose OF admnis-
and no officer of the Constitution Club would per-
These g9en ne r 9o SHGh f an Il a been TO
decided by the Supreme Court of the United States
law which it is Charged aV With the duty Of % admins
1erng VIII be given great. If not conclusive. weight
years. and the Cleveland order for eleven years.
And the Roosevelt order is directly in line with the
these
cb boeP8Tment s8T fb @ Under The act The Constitution
tant, and they thus avoid difficulty absolutely
But both the Mckinley and Cleveland orders are
not only important. but, from the lawyers stand
On the the bureau 70 SGsh Te paEsd Of 'Sy I
I GenGe which the experience of the bureau in ad-
BILE II was just as, lawless for Mr.. Cleveland to
was entitled, without any actual proof Of dsablty
Sisd ne amount provided for those totally
man stxty-two years OF age was TO be presumed in
e y, M Soseoe OF proof 70 the contrary TO be disabled
c1N,d WI the CONSTITUTION Club say that either the
SS SSdeveland or Mckinley or Roosevelt order is not
tnat tor purposes OF generalization there Is any
the Pension ce NJ 10 6d man M the statistics Of
ned TO make deductions from these statistics than
Somebody must decide under the law whether
partial or total disability exists. and the law I'm
subject 70 review by the Secretary OF the Interior
OF coming 20 his notice the medical officers
testify over and over again and he accordingly finds
a certain age and this hnding governs the practice
OF the Office. is there doubt that he would have
to such practice and thus avoid repeated and up-
all there is In this pension order.
Special provision Is made by the Services Pension
such rules and reguiations as the Secretary OF the
Interior may provide. Here is express authoTity
Kinley and Roosevelt made. Il such authority were
necessary But oven in the absence OF such express
mai inherent in
the power to administer the Law.
LITTLE ADDED TO PENSION ROLL
The Constitution Club says that SIS OOO $50 will be
added TO the pension roll by order No .S--a most
er has stated that s ooe may be added 70 the
daea i ts Which would @ have a
20 those applicants over sixty-two years Of age
would have been actually proved TO be disabled
70 the several degrees covered by that order. And
there few applicants who are not found upon
ebpy Il W 10 2esdy az 6e seen ~ that the order itself
has added little or nothing 70 the amount which
Is already being confirmed: for in the six months
been added on account OF new pensions granted to
applicants sixty-two years OF age or over an agsre-
Much stress is laid in Report No. on the asser-
ton that bill was introduced In Congress which
subsequently inserted in Order No IS. and that the
bill was rejected by the House by the votes Of both
Republicans and Democrats The dTst part OF this
assertion IS untrue. The bill was. like the Cleve-
o na 9Td oT the m seveTa ads s Of
and Congress did not deem II wise by legislation TO
create classes and withdraw from the Pension COM
missioner the discretionary judicial power 70 find
in appropriate that alone did not create
the disability contemplated by the act OF 1880 and
this was | think. a wise conclusion But II did
not imply any dsapproval OF Order No IS or any
doubt as TO the power OF the Commissioner 20 make
IT, For at the same session Of Congress an item
was introduced IN one OF the appropriation bills
for the special purpose OF meeting the expense
incident TO the operation OF that order.
II the Constitution club continues 70 put forth
such partisan and unlawyerlike arguments as those
az their Report No upon other topics upon which
they are seeking light. they should do what SuS-
gested 10 them a month ago. viz: change thelI
name to the Lawyers Democratic Club. But they
substitute truth for eSaggeraton and argument for
vituperation and enter upon LAWYERS discussion ION
of the Important legal questions involved In the
public acts OF the President Of the United states