Arizona republican., 1904-03-26
An Issue for the Democrats. at Last.

MnlCHra tIlc uCIlOCIallC PlCoo OA eA'N lcountry has jumped with both feet upon the atiministratiop's service pen- sion order, the democrats at last have
 an issue upon which they can go united l to the. country. Not in many years have they been able to raise such | loud chorus, without discordant notes. One and all. they are convinced that President Roosevelt has violated the | law" 'usurped the functions of con- gress," and made himself "a dictator. nullifying or enacting laws at will" We'll let's see about that. The sub feet of pensions. we know, has always been an irritating topic with many of our democratic friends, and so it is not
 surprising to hear the latest ruling de-
 nounced. - A very grave accusation Is made against the president, however.
 and it is we'll to examine the law upon which Pension Commissioner Wares order Is based. This law. governing
 the payment of pensions for disability
 not the consequence of wounds incur
 red or disease contracted in military
 service, is the act of June 27, 1S9O It is described by title as an act Grant ing pensions to soldiers and sailors
 who are incapacitated for the per-
 formance of manual labor, and provid- ing for pensions to widows, minor
 children and dependent parents" The
 character of disability Is thus defined:
 That all persons who served ninety days or more in the military or naval
 service of the United States during the
 late war of the rebellion and who have been honorably discharged therefrom.
 and who are now or may hereafter be
 suffering from a mental or physical dis ability of permanent character, not the result of their own vicious habits. which incapacitates them from the per- formance of manual labor in such degree as to render them unable to
 earn support, shall, upon making du" proof of the fact according to such
 rules and regulations as the secretary
 of the interior may provide, be placed upon the list of invalid pensioners of the United States, and be entitled to
 receive a pension not exceeding twelve
 dollars per month, and not less than six dollars per month, proportioned to
 the degree of inability to earn sup port"
 The sole question Is, whether the
 commissioner of pensions has the power
 to take as "an evidential fact" without
 proof the partial disability of a man at
 62 years of age. The preamble to the
 order issued the other day recites: Whereas, The act of June 27, 1890. as amended provides that a claimant
 shall be entitled to receive a pension
 not exceeding SIP per month and not less than S6 per month, proportioned to the degree of inability to earn sup
 port, and in determining such inabil- | ity each and every infirmity shall be duly considered. and the aggregate of disabilities rated: and,
 Whereas, old age is an infirmity
 the average nature and extent of which the experience of the pension bureau has established with reasonable cer-
 tainty; and,
 Whereas By act of congress in 1887
 when thirty-nlne years had elapsed after the Mexican war. all soldiers of
 said war whos were over sixty-two
 years of age were placed on the pension roll; and, .-t
 Whereas, Thirty-nine years will
 have elapsed on April 13, 1904, since | the civil war, and there are many sur vivors over sixty-two years of age:
 now, therefore, be it ordered, etc"
 The order following this preamble
 reads:
 Ordered: In the adjudication of
 pension claims under said act of June | 2I, 1890, as amended, it shall be taken and considered as an evidental fact, if
 the contrary does not appear, and if all other legal requirements are properly | met. that when claimant has passed 1 the age of e2 years he Is disabled one
 half in ability to perform manual labor
 and is entitled to be rated at $6 per
 month; after 65 years at $S per month;
 after 6S years at $10 per month. and
 after 70 years at SIP per month Allowance at a higher rate not ex- cedeing SIP per month. will continue | to be made as heretofore, where dis
 abilities other than age show a con
 dition of Inability to perform manual
 labor. This order shall take effect
 April 13, 1904. and shall not be deemed
 retroactive. The former rules of the office fixing the minimum and maxi
 mum at 65 years and 75 years respec- ! lively are herefE modified as above"
 The outcry that the new ruling will
 take millions out of the public treas
 ury" may be disregarded entirely. Pro-
 vided the department has the legal
 authority to put this order in force, il l is of no consequence whether the an-
 nual expenditure for pensions will be | increased one. million or twenty mil Hons. And conversely, of course, the
 department would be equally culpable
 If but single pensioner were illegally l added to the rolls by this order. As
 The Republican pointed out when our
 dispatches first gave forecast of the coming order, the service pension
 system is put in force, just as effect
 ually as if congress had formally en- | acted specific service pension law, but the vast importance of the order
 does not weigh against -four only concern is with its legality
 And it occurs to us that a little in- ductiVe reasoning will ena bIe even a law