New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-03-29
DISCUSS PENSION ORDER
Senator CarmGck .AttaCFS and Re
publicanS Defend II.

Washington March 2S-The Senate to-day dis
cused the recent order Of the Pension Bureau max
ing old age an evidence Of disability. and then
passed the District Of Columbia Appropriation bill
The discussion Of the pension order was based on
the resolution offered some DAYS ago By Mr.. Car
mack directing the Committee on the judiciary
TO inquire into the authority Of the executive
branch OF the government TO Ike such an order
Referring to the Disability Pension law, Nir
Carmack said that it required due proof OF disa-
billy. and added. You 90 not make due PROOF
by begging the question 6ui simply presuulns
that because man is siSty-twJ years old ne Is
disabled He characterized the order as a piece
Of executive legislation and criticised II as an
other instance of executive e1croachment on the
prerOgatives Of COnEess' re quoted from a SER
vice pension bill pending before Congress TO show
that the order had copied its exact language.
Why Mr.. Carmack asked And lie replied that
It was because IL had become evident that no PEN
sion legislation could be passed by Congress
Mr.. Carmack admitted. however. in response to
suggestions from Mr.. McCumber and Mr.. Aldrich
that the first step fixing old as an evidence Of
dIsa biliJy had been taken by Mr.. Cleveland But
he said. chat does not help the case admit that
the first violation Of the law IN this respect oc-
CURED that time. The order in that case was
however. comparatively reasonable. and the prece-
dent has been violently seized upon by the present
occupant Of the White House 10 extend the prac-
tice"
Mr.. NcCumber. chairman Of tho Committee on
Pensions said that the present practice is to as
sumo disability at the axe OF siNty-hve He con-
tended that, according TO the order. the fact that
man has reached the age of siXty-twO IS taken
only prima facie evidence Of disability. The
only effect Of the order would be to advance the
three years.
He contendad that if an investigation to be
made at ell it should be made By the Committee
/ On Pensions. and not by the Committee on the
judiciary.
Mir. Foraker defended the order as praiseworthy
in purpose. and contended that the law gives the
secretary authority 10 make rules and regulations
entirely competent for the Secretary TO fix age
as proof Of incapacIty lie called attention 10 me
. order issued by Judge LOchTeu VINO was FenS4on
Commissioner in the administration of Mr.. CIeve-
land fixing the age Of s4xty-Hve as an evidence OF
] disability Nlr Foraher setd ms Understanding OF
the order is that ex-sOider does not necessarily
/ come INTO a pension at the ago Of sIAty-two, out
which shifts the burden of proof to the govern
ment. The effect to give a man siNty-twO
yt5rS old prina facIe case before tL@ department
I Mr. Foraker said the age limit doubtless had been
lessened TO meet the spirit and purpose Of the PEN
sion law. as shown by the enactment IN the case
/ OK Mexican pensions
/ consider it wise and prudent, ana L believe that
the President, the Secretary Of the Interior, tho
Commissioner OF Pensions and ell who had anything
to do with it, entitled to much credit"
- Isyy ~ 1Saa o,5 Ci,,S an, 80 ? iI-,
ers Black and Evans IN regard to widows pensions
The District Of Columbia Appropriation bill was
. then passed after a little discussion Of amend
Mr. Proctor presented a partial report on the
to retired Officers who had served In the civil War
vision for increase in the engineer corps OF ths
ment FOR "A three battalion regiment OF native
troops iu Porto Rico. The report was accepted
10 vote tomorrow on thc bin authorizing the cree
ton Of a new department building In washington,
afterward adjourned.