The Hartford republican. (Hartford, Ky.) 18??-1926, 1904-10-07
commissioners Clear
HartfO.
efenSe OF the Age
EP Pension Order.
Is is Right In Principle and 10 Law-Duil
GeSs of Parker Constitution
Club Wen Shown.


made by the Parker Constitution club
os New York, in which they find that
pension order No *. known as the age
orier, is an invasion of the constitu-
ton. and they hold the president re-
sponsihlc therefor.
Order No. - was an order making
the proof of certain ages of old sol
diers evidential facts Of certain degrees
of disability; not conclusive-only evi-
dental.
Seventy years. being the Biblical age
Of thrcpSCore and ten. was fixed as the
probable age of total disability, (which
50 incapacitated them from the per-
Torrance of manual labor as to render
them unable to earn support" The
foregoing are the words of the statute
The United States statutes make the
commissioner of pensions the eXccu-
tive officer to carry out and enforce
the pension laws. The laws are brief
and need much Interpretation. and the
position of commissioner is in many
respects analogous TO that of Il judge
jn that he must interpret the law and
weigh the evidence presented and de-
clare thorefrom whether the claimant
Is entitled to a pension or not. Over
10000 claims are by him rejected an
nually.
Among other things which the COM
missioner is called upon to decide is
the meaning of the sentence above
quoted For instance. What is manu-
nj laborT' Notice policeman strolling
ieisurely along. Is he performing man
ual labor: Is the night Waterman in
hotel or the cashier ia a bank or many
another whom we might cite engaged
n manual labor!
The commissioner must decide what
j. manual labor" The statute does
not apply TO brain labor, nor does il
define manual labor" Congress pen
sions for physical ard not mental de
cay.
Again. what is "a support" Must an
old soldier live on rice or on cornmeal?
Il the support contemplated by con
in him at one meal II day? Must he
live in cellar or I'm bunk. like n San
Francisco Chinaman. Must he wear
rags? Must he wrap himself up in Il
piece of carpet and hibernate through
fhe winter?
The present attitude of thought in
Tie pension bureau is that the word
IL oh
to 20 70 church In, and n respectable
abode, aud such medical attendance as
iaAy be necessary, and three good
square meals day, and plenty of plug
CUt and several other things, and then
some more.
Order No. IS finds that an old soldier
who Is SiXty-two years of age is prob
ably able To earn only one-half of this
kind of Il support and is entitled to SO
ger month as a pension, and ut sixty
I'VE he is two-thirds disabled and en-
,iJlri 10 IS.
This rule is within the strict line of
statutory authority, human experience
a-.1 rcutive precedent. No Demo
cratic president or commissioner will
j. For all time. yet 4 Democratic presi-
dent or commissioner would have that
power, and General Black. who had
been pension commissioner, knowing
NJ this power, thought il wise to sug
-,'st that congress put the question be-
pond the reach of his party by making
III act done In pursuance of congress
Sipnal authority the motive Of a spe-
cihc act.
There being nothing wrong in princi-
pie with order No. -, let us now ex-
anime the particular charge of uncon-
st'tutionglity which the Parker Con
stltrton club sets forth.
The club finds President Roosevelt
responsible for the order and finds
tAat il Contravenes section 8 of arti-
Gle l. which reads as follows: mo
money shall be drawn from the treas
ury but in consequence of appropria-
1hns made by law"
History and the public records con-
,rsniug order No. IS show that when
{; was made congress was in session;
thu the order was made March 10,
AsNNts iul v tlS lpl ~ ~ lilAO ibINN uIIlA
April 13. 1904; that il was Immediately
r.l,ui,ru ~ congress, with a request
that $l.50u.00O be appropriated to
..,.y the "iler into eject. The sun:
,.st.mdt,L .Is embodied IN the pending
efficiency bill and came up for quick
o.. "vssi'n. - order No. IS had been
iaac. under and by virtue OF authority
.-,...,i ~ congress, tAerc was then
.n.- p+ three courses to fe taken 10y
.-. sG.s' first, II COud deny that the
'',"Tj! was granted, deny that the
,rior was legal ana rcrusr to pass
%. Igp: 3pr-atiO-. secondly il could re-
p.. rh' law and .hru,.tc the order,
..I1i.N. { could recognize the order rs
.-.l' AMI valid and vote IA appropri9
Ia. g. AIRY it out.
Congress after hearing what every
BODY bad 70 say, took the third course