Rocky Ford enterprise., 1904-04-01
PENSION BUREAU
SENATE DISCUSSES LATE ORDER
Policy Of Giving Pensions at the Age
Of Sisty-Two Violently Attacked
by Mr.. Carmack. 'a

Washington. March 29.-The Senate
recent order OF the Pension Bureau
making old age an evidence OF disn-
bIlity. and then passed tho District Of
Columbia appropriation bill.
The discussion or the pension ordor
was based on the resolution offered
some days ago by Mr.. Carmnck direct
Ing the committee on Judiciary to In
quire into the authority OF the cxecu.
siV$ branch OF the government to make
such an order. Mr.. Carmack contcndi
ed that no such authority exists. buu
several Republican senators argued
that the order was In lino with thu
regulation issued by Judg. lochrcni
commissioner OF pensions under Mr..
Cleveland. fiSing EiSty-fyo years OF at-u
as nm evidence OF iniirmity. They also,
declared that the new order would,
have only the effect OF affordin. pri'
ma facl- evidence OF disability and
not that OF giving n pension solely be-
.causs the age Of siaty.two yoars had
been reached by thu pension applicant.
Referring to the disability pension
law. h. said that II required due proof
of disability and said:
You do not make due proof by beg
sing the question and simply prcsum-
IN. that because man In nixty-t~o
yeaEs old he Is disabled
He characterized the order as piccs
OF executive Legislation and criticised
IL m 'ano;brr instance of execuiiy.
rneroarhEi.nt upon tho pr-ro.atiyes OF
Congress. lie quoted from a service
pension bill pending before Congress
to show that the order had copied i,s
exact language,
why WA this don-T" Mr.. Carmark
asked. Then he replied that Il vas bc-
cause II had become evident that mo-
pension legislation eolli ho gotten
through Congress. -Then." h- wcnt on.
"thc secretary said ~. won't fool with
those cattle up there ,as tho frrzii-n,
one- called CanEF-Esl. ne won't fool
with those cattle. but ~c 1iii accom-
piish the same result by executive Or
doF. simple twist Of tho wrist"
Mr. Foraker asked II 1, VAS not ,Tuo
that Mr. Cleveland had issued n slmi-
lar order in regard Ia MEXICAN pen
sions. la, STR. caEmack Insisted that
the action on Mexican pensions 0as tho
r.sni, uf legislation and not of an cree
utiS. order.
Mr. carmArk admitted. however. In
response TO suggestions tfda, Mr. Me
cumhrr and MF, ~ rich. that tho aFst
aisp hsiuE old age aa an evidence &C
disability had been taken BY Mr. Cirsc-
land. ~iiu'.~ he said. that does no,
t.ip III. .as-. admit that the nTst
violation ot Las in 'sls T-spcc; oo-
rt!FTrd duEinE that time. The order In
that ease Naa. hp~cs-r. comparatively
reasonable and the rrccricnt has hr.n
yIolruily' srisri upan By tho present oc.
srtant at tho white House TO extend
the practier..
Nr. Mctuu,hrr. Chairman ~ The com
riit;sn on pensions. said 'hs, The pTcH-
-nt practice ID to assume disability a,
III. aE- ot sisty-nye. itr caRirHird
that according 80 the order tho fart
tia, man has reached tho aEp of sir
ty-tVo Is taken only as pfima faris
eyidenr. ~ disability.
Nr MeCumbrf cun'1niei that " an
tnvrs'isatius was TO bo made At all. u
should hs made by the coniaittrr on
pensions aud Eos by the committee on
the judiciary
Mr. Foraker Defended the order as a
prsisevo-thy one In purpos-. and con-
tended tina, the Law gives the secretary
authority TO make rules and tcsula-
iiuus for the enforcement q. the stat
ute. Mr. Foraker said his understand
ing OF the order IL tha, an rS4saiiirr
docs no, necessarily come Into a pen
sion az tho are Of sitty.twp. hut that
the fac, of aEe is only an csidentisl
fac, which shifts th. bur,iea of proof
10 tho spverntDeai- The effect -as io
give a man siS,y-two years old a pTifna
Tacse case before the department.
Il do no, think the order extraorti-
nary said Mr. Foraker. in conclusion.
-On the contrary. I consider !; viss
and prudent aud believe tha, tho
President. the secretary Of tho interior.
the commissioner OF pensions and alt
- haf sn Ia with afp
titled 10 much credit"