New-York tribune., 1904-10-17
. cowvOy SENSE ORDER.

The letter from the Commissioner OF Pen
sions. which we print in another column. dis
noses absolutely OF the hasty and Ill founded
criticisms Of Pension Order IS INDUCED IN
hv the law committee of the Parker Consul
sutton Club and other equally misguided con-
stitutional pundits. These critics have main
sained that the Ware order Of March last was
unconstitutional, lawless and most reprehen-
ejble" IN that II made the attainment Of sixty
two years prima face proof Of pensionahle dis
ability. Under the provisions Of the Dependent
Pension act Of June %, 1890 applicants for pen
Eions were 70 be put on the list on making due
rroof Of disability, according to such rules and
regulations as the Secretary Of the Interior may
provide" In the Parker Constitution Clubs
pamphlet No. / two inconsistent and CONTRA
dictOry arguments were made to show that the
Ware order transcribed the authority thus
given to the Secretary OF the Interior TO estab-
lsh rules and regulations by which the fact OF
\ disability should be determined According 10
The first contention. no age test Of any sort was
legally admissible Each case was TO be settled
on its own merits. The Secretary could apply
no rule for dealing with claimants in the mass
and pensions paid except on individual proof of
disability we're held to he paid without war
rant Of law. Said Pamphlet 40. /:
Congress did not authorize the appropriation
OF pensions because soldiers Of the Civil War
other age); and the honoring Of pension certih-
Gates obtained on that score by President
8oosevelt's Secretary Of the Treasury is an nle-
Eal license by which that official permits the
money OF the nation TO lee distracted
But the Parker Constitution Club did not
feel that il could afford to stand pat" on
What argument. one of its yice-presidents. the
gdon. John g. Carlisle, had, as Secretary Of the
Treasury under President Cleveland, "honored
pension certificates obtained on that score
namely. through an age test order-and thus
stood accused Of allowing the money Of the
nation 10 be abstracted by an Illegal license"
a second line Of reasoning had therefore 10 be
resoTted %. The age order under which pen
siOns were issued by the second Cleveland adj.
ministratlOn had TO be explained away. The
Constitution Club did not quail before this
task. IT offered this curious apology:
much has appeared in the public prints abofr
the order Of tie Pension Bureau issued under
Ar. Cleveian3's administration. This order nre
terloed seyenty-hve years of age las absolute
pnooL or total disability We need not discuss
Nhether the order vas justiilable: certainiy II
was unimportant. The difference betveep tbst
ssr ana me later one, Tor which It serves as an
excuse rs That the former was in accordance with
common knowledge, while the latter was both
against common knowledge and AGAINST tha
80. 1clion which Congress had put on Its own
.SlA Al slNty-tWo man may be, and USUALLY
:, snle 70 perform manual labor: at seventy-fve
- - a ts not The first order may be justi-
o4e " Sfiacnce Tor the con-
se.lteloe OK tne department and within the
ses9pe ot the statute The second was the cre-
Ersss had not pensioned. ''' I'm
Here the clubs first argument is inconttnentrv
abandoned. II one age test Is legally admis.
tipe, why not another? II a maximum age limit
.oF disability may be fixed. a minimum ace
INIT may also be established. The question he
CORES one OF mere administrative exDedIencv
'no me whole burden Of the attack ON The yara