The National tribune. [volume] (Washington, D.C.) 1877-1917, 1904-04-07
NOT AN IMPERIAL ORDER"

Some Of the leading Southern papers
| are simply frothing columns Of bitter de-
| nunciation Of the new order, and con-
/ spicuous among these is the Dallas (Tex)
Morning News, which cannot control its
| emotion. 1t says:
This open and high-handed move
ment to loot the Treasury is generally
condemned. A few of the questions ASKED
are as follows: Who makes the laws, Con-
| gress or the Administration? BY what
right does Commissioner Ware, with the
approval of the President or even under
| the order of the President, undertake to
make law granting a service pension of
ST a month TO Union soldiers in the civil
war who have reached the age of 81, with
pensions ut higher rate to those who
are olderf Are we not going far in the
direction of imperialism when the Admin
istration undertakes TO interpret an old
act of Congress i'll a manner never de-
signed and never practiced. and costing at
the lowest estimate $6,OOOOOO annually :?
Is this Government in which the Legis-
| lative and Executive functions are not sep
arate but confused! Universally, until this
time, it has been held that the granting
of an unconditional service pension is the
business of Congress. There are several
bills for this purpose before Congress now.
Congress heSitates to act. The President
says: 1t is quite unnecessary: l will au-
thOriZe the Commissioner of Pensions to
decree a rule that will accomplish what
1T has been supposed to be necessary for
Congress to enact. will set the age
when service pensions may be granted and
will also fix their rate. Any law on the
all the law that is required in the form
of Pension Office rule. This will relieve
Congress of any duty in the matter except
to make the appropriation, either regu-
larry or in deficiency bill"
Sin this last instance the law is disre-
garded. law is held to be unnecessary,
precedent is set aside, and rule is fash
toned by the President and by those under
him, under which the promised consider
alton can be paid out without delay to
| another grand army of voters! Well may
it be asked whether it is possible that
Congress will meekly consent to abdicate
its authority and allow the President to
make the laws. as well as enforce them!
Will the people tamely assent and submit?
For the bride of $6 a month in cash will
the men who fought to save the Union
willingly see Government by the people
thus set aside and Government by a can
didate substituted in its place? 1t is es-
tlmated that this rule may open the rolls
to half a million more claimants. 1t is
time for the patriotic American citizen
who stands for justice and for law to open
what we are up against. 1t can mean but
one thing"'
If the Morning News will take the
trouble to calmly read the Act of June
q, 1890, it will find that its language is
as follows:
"An persons who served 80 days or
more in the military or naval service of
the United States during the late war of
the rebellion and who have been honor
ably discharged therefrom, and who are
now or who may hereafter be suffering
from mental or physical disability Of a
permanent character, not the result of
their own vicious habits. which incapaci-
tates them from the performance of man.
nal labor in such a degree as to render
them unable to earn support, shall, upon
making due proof of the fact according
TO such rules and regulations as the Sec
rotary of the Interior may provide, be
placed upon the list of invalid pensioners
of the United States and be entitled to re-
ceive pension not exceeding $12 per
month"
1t is consequently as plain as words
can make it that Congress gave authority
to the Secretary of the Interior to place
upon the pension roll virtually every man
who had served 90 days in the army or
navy of the United States during the war
Of the rebellion and was honorably dis
charged. He could place every one of
these ON the roll at $12 per month, if he
so chose; the law gives him that power,
and does not in any way fetter his dis
erection as to its use up to the amount of
$12 per month. This is the only limitation
upon it. He is made the sole Judge OF
every other requirement for eligibility of
the pensioner beyond the facts of his hav-
ing served 80 days and been honorably
discharged. He can settle absolutely the
question whether man is suffering from
"any mental or physical disability"
whether it is of a permanent character"
whether it is the result of his own vicious
habits" ETC., etc. All these things are
subject to rules and regulations" such
| as the Secretary of the Interior may pre-
scribe. Nothing else. The Secretary is
not required to submit his rules and regu-
lations for the approval of Congress-, and
their validity does not depend upon any
confirmation by Congress. The whole
question is put into his hands to arrange
according to his best judgment.
The National Tribune has heretofore
strenuously protested against this wide
discretion in the Interpretation and appli-
cation of pension laws passed by Con-
gress. The Supreme Court has decided,
| however, that within the limits cited above
| the Secretary Of the Interior has complete
| liberty of action in pension cases. The
only check or supervision upon him is
from the President of the United States,
whom the general laws specifically direct
shall have control of the Commissioner Of
Pensions and the administration Of the
pension system.
Therefore. if, as has been alleged, the
order with reference to the Interpretation
of the Act Of June q. 1890. comes from
the President, it was directly in line with
the duties imposed upon him according to
Sec. All, Revised Statutes, which reads
as follows:
THE Commissioner Of Pensions shall
perform, under the direction of the Secre-
| tary of the Interior, such duties in the ex-
ecution of the various pension and bounty
II