The National tribune., 1904-06-30
Gen. SlCKLES ON ORDER Is.
The Old Hero Approves II Most Strongly
in Every Way.

The Old Hero Approves II Most Strongly
in Every Way.
| Dear Gen. Sicklcs: When you and l
were on the railroad coach the other day,
in answer to some statements of the Com
missioner of Pensions, you said in sub
stance that his recent Pension Order was
good one for all concerned, and you
made a very clear and concise demOnstra-
| ton that this said order was thoroughly
legal, a proper Interpretation and appli-
cation Of existing statute laws.
Would you be willing to put in writ
| ing for my use and information sub
stantially what you said?
Ever very truly yours,
Maj. o. o. Howard, U. s. A.
Dear General: Complying with your
request, i have much pleasure in recapt-
ulating the views expressed by me the
other day about the recent Pension Order
Of President Roosevelt.
The Constitution commands the Presi-
dent to take care that the laws be faith
| fully executed" Congress, in the organ
ization of the Pension Office, imposed upon
the President the duty of supervising the
| execution of the pension laws. 1t is the
only bureau in the Government placed un-
der the immediate direction of the Pres
ident by an Act of Congress.
Order No. 7S, dated March 13, 1904,
which recognizes old age as a disability
incapacitating Il soldier or sailor to earn
living by manual labor, and therefore
emitting him to graduated pension under
| the Act of June p, 1890, is sustained by
precedent and law, and is one of the wisest
acts of President ROosevelt's Administra-
| ton.
| You and have heard this order de-
nounced as a usurpation of legislative
authority by the Executive. These critics
forget that Judge Lochran, President
Cleveland's Commissioner of Pensions, by
his order of Sept. 3, 1893. gave the same
effect to the Act of 1890, fixing, however.
the age of Is as the period of disability.
The legality of Judge Lochran's order
| was not questioned.
Interior, in July, 1897, established the
rule that "a claimant for pension under
the Act of June q, 1890, who has at
tained the age of 20 years, shall be en-
titled to at least the minimum rate of
pension lT6 MONTH provided by that
Act" This order of President Mckinley
was not disputed.
| President Roosevelt's Commissioner of
Pensions, Col. Ware, in his now famous
Order No. 7S, approved by the Secretary
of the Interior, Mr.. Hitchcock, directs
that when a claimant under the Act of
June q, 1890, has passed the age of 62
years he is disabled one-half in ability to
perform manual labor and is entitled to
be rated at So per month";" the minimum
pension, latter % years at s. per month,
after G8 years at $40 per month, and after
40 years at $12 per month"; the maximum.
Each of these orders is based upon the
same Interpretation of the Act of June
y, 1890. If Cleveland and Mckinley
were right, Roosevelt is right.
1t is the common experience of mankind
| that old age units one to earn living
by manual labor. Who will give job of
hard work to man over 60? We have
seen that our Pension Office has for many
years recognized old age as a legal dis
ability" affecting the fitness of veteran
soldier or sailor to earn a support. Pres
ident Roosevelt declares this inability be-
gina at the age of 62. That is true-and
| Roosevelt has the same authority to fix
the pensionable period as Cleveland and
Mckinley had when they were in power.
Officers of the Navy are retired from serv-
ice at that age; Army officers are retired
at Ga. Congress determined these periods.
In 1887 Congress directed that all of our
soldiers who served in the Mexican War,
who were over 62 years af age, should
be placed on the pension roll, giving them
! SS month-$2 more per month than is
allowed by Order No. 7S to the civil war
soldiers of the same age. The President
| followed these analogous cases.
The Almighty Rulef has enacted that
| the great mass of mankind are seriously
disabled from earning support by manual
labor at 62 years, and President Roose-
| velt and the Pension Bureau have only
recognized that law in determining that
| the pension of a veteran for disability,
under the Act of June q, 1890. shall be-
| gin at that age, at the rate of Sc a month,
and be increased gradually, until, at the
age OF 20. S12 month is allowed. As
Senator Spooner well said: Service in
the Army is draft upon the future which
must be honored in old age" The aver
age age of the survivors is now between
62 and 65 years. Many soldier or sail
| or in one day of battle does the work of
years. Veteran soldiers and sailors feel
the infrmities OF age sooner than the aver
age man.
Is the Roosevelt order censurable be-
cause it says that the disabilities of old
age begin at 62 and eliminate at 20? Why
was not Cleveland denounced for the Pen
sion Office Order Of 1893? Is it because
70 years was fixed as the pensionable age?
Why was not Mckinley denounced for the
Pension Office Order of 1897? Is it be-
cause 65 years was fixed as the pension
able age? If Roosevelt's order is usur-
/ pdtIUu Ol IeSlSIdtFc duIuOTty, lueu Sletc-
land and Mckinley are "particeps Grim
inis Equally guilty. But nobody ever
complained of these acts of Roosevelt's
/ predecessors. It is only our strenuous
young Hotspur, now President, who is
found to be in fault in following the foot
steps of his predecessors.
Are these acts of Cleveland, Mckinley
and Roosevelt lawful? Yes. It is q long
established rule of our courts that in CON
STRUNG a law which is to be applied BY
1 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 it in force, unless such in.
depreciation of the law is repugnant to its
plain intent and meaning. For 10 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 q, 1890, which grants pensions
to those who are unable to support them
selves by manual labor. Congress has uni
formly appropriated the money necessary
to pay these old age pensions. These ap-
preparations are all recognitions and ap-
| nrOyals of the Executive action prant;n0