The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-10-05

Activity Characterizes the executive
committee of the Parker Constitution
Club, of New York, which mas Issued
the second Of a series Of reports com
piled I'm pursuance of the clubs an
uouuced intention OF investigating
charges of unconstitutional conduct
made against President Roosevelt by
/ political opponents The report is term
/ cd an "addendum" to the clubs frst
/ report on Pension order Is, and is issued
/ I'm reply 10 criticisms made against the
/ clubs conclusions in that prior state
ment IL takes up five subjects and
discusses them in the following manner:
What the President intends TO refer
10 in the pension order comment in his
letter of acceptance is the provision In
the civil war pension act that persons
suffering from the disability there pre-
scribed shall be placed upon the pension
list upon making due proof of the fact
/ according 20 such rules and regulations
as the Secretary Of the Interior may
provide The one fact TO be proved
under the statute is that the man is so
permanently disabled as TO be iucapaCI-
tated from performing manual labor
sufficient 70 earn support. any rule
end and no rule Is legitimate Wnicn In
effect annuis the requirement or the act
and substitutes a pension for age
In the Mexican war act, where PEN
siOns We're expressly given Tor age, u
vas prescribed that proof shall be made
under such rules and regulations as the
Secretary OF the Interior may prescribe
of the right OF the applicant 10 pen
sion The age there required was sixty
two. Obviously, no rule should attempt
70 change that enactment so as 10 give
a pension to man not siNty-JWO. DO
likewise In the civil war act no rule
Is nfa - Il
to one not disabled. In other words,
the duty of making a rule TO carry OUT
the provisions of an act does not give
the right 70 nulLty those provisions or
to substitute the terms OF another stat
ute for the terms of the one which the
executive is supposedly putting into
effect.
Created New Class.
THE other reason for the order given
by President Roosevelt is that 'Presi-
dent Cleveland had already exercised
this power by a regulation which de-
cIared that seventy-dve should be set as
the age al which total disability should
he concIusively presumed. Similarly,
President Mckinley established sixty
FIVE as the age at which half disability
should be Conclusively presumed.
Eve have not approved of the theory
on which the order was issued In AIr.
CIeyeIaud's Administration. We pointed
out In Our main report vital differences
between the scope and effect OF that
order and the one issued By President
Roosevelt We should also cali atten-
tion 10 the fact that no evidence has
been adduced that this mater was ever
brought to Mr.. CleVelaud's personal att
teutiOu- The order OF President ROOse-
velt's Commissioner on the contrary,
was the intentional creation by the Ad-
Eiuistratiou of a new class of pension
ers. Tor which action u ostentauqusly
now asks credit So far as President
Mckinley is concerned. we have search
ed in vain for any order of his on the
subject. There was ruling by the
Pension Department during the Presi-
dency Of Mckinney In the case Of one
Francis Frank. that he should receive
a pension because he had attained the
age Of siEty-hve- Whether this was
ever brought 10 the attention OF Presi-
dent Mckinley we do not know. but as
suredIy we have not been referred TO
any order of HE or TO any general order
Of the Pension Bureau during his in
cumb-nCy 10 the effect that President
Roosevelt states"
THE Pension Commissioner con-