The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-09-16
SAYS ORDER
IS ILLEGAL,
Report No. of Constitution
Glib Of New York Has
Been Issued.
DEALS WITH PENSION MATTER
Investigation Of Presidents Acts
Will Continue and Other Re
ports Will Follow.
Especial to rho Times pispatch.)

NEW YORK September 10. The PARKER
Constitution Club, Of New York, coi1l-S
posed OF leading attorneys. has just
issued tho first of a series of reports
growing out OF an investigation OF charges
or unconstitutional conduct now bong
prominently made against President
Roosevelt. Report No. concerns and
declares substantiatcd the allegation that
tho pension order recently Issued by Presl-
dent Rooscvclts pension commissioners,
IS III violation OF the organic; law. Tho
paper says:
"This report does not deal with. or IN
any way question. the wisdom or pro,
priety of the pension laws Of the united
States; and 1t assumes the right and duty
Of Congress to eiiGct n system OF pensions.
Tho report Is the first Of q, series dwelling
Oh specitic acts OF President Roosevelt out
OF which has grown the accusation ~, against
|, him of unconstitutional conduct. = he ge1l-
& era inquiry Is as to tho propricty OF MS
conduct when measured by tie conslitu-
tional standard. aud his action N me
pension matter Is tho Instance now up for
discussion
The Pension Order.
'''rhc order lii question was issued on
March is, 1904, about three months before
his nominations. The pertinent part IS as
follows:
slons claims ,,fder said act OF June q;
1890. MS amended It shall be taken and
4 contrary does not appear. and II all other
t.i legal requirements arc properly met, that;
Wltel, q claimant has pan,sed me n nse e
In ability to perform manual labor, and is N
entitled To- be rated :at six dollars per
dollars per month; after ssty.elght years.
at ten dollars per month: and after seven .
II :.'That an executive act the President.
is Unconstitutional where authority for i
cannot be- found stated In the United
States Constitution. Is not TO be sdisputsa.
reader to our#prciiminary general report
The authority asserted for issuing the or
der In question is the clause ir. Article II:
Section g. which provides nat 4 the prcs ,,o
faithfully executed Of this c!aus 8; t IN
supreme Court Of the United States,
which Is the authority to- construe 5,thc
Constitution. said in the case of Kendall vs.
fthat:S'T contend that the obligat ton I'M.
posed on the President to see the laws
faithfully executed. implies n power TO
forbid their execution Is novel cons.rn ',
admissible This IS but judicial state
5ment of what Is common sense. II, under
tho guise of carrying o,tt n statute OF
Congress, President Roosevelt nuliiiies one.
OF Its provisions. he Is guilty on the
..rhe order in question Is practically an
announcement that the Department VIII
give a pension certiiicateSto every apple
cant siXty-two years old. Such was tho
evident Intention Of the executive as 1t IS
beyond intelligent supposition that any
body sixty-two years old who applied FOL r
a pension would trouble the Department
with affirmative proof that he was not
disabled. Hence the question of the con-
gstitutional!ty OF the Presidents act de-
ponds upon whether the 5tarutc OF Con
gress granted pensions because Il man was
sixty-two. IfSnot, the order becomes q
tfaithless departure from the law instead
Of a faithful execution ofgit. ~
Extract From Statutes.
"Thc following extract from the statutes
In point will be clear to everyone. We
append to our report the full text 81. the p!
ncss of3our extracts, as ina matter Of this
Importance nothing is to be taken Tor
granted. tss5S W. 4ff .s
ION January %. 1857, Congress had en-
those in the Mexican War:
seetion 1That the , Secretary Of the hs
ana dIreesed 10 place c e on he pesson
rolls the names OF the surviving officer, i
and enlisted men ..y., beins d.l.
nation ~ were actually engaEssa ed, In ma
every such officer enlisted man I :, who "a
Is or may become sixty,two Years q, o. a MSs
disability or despendency equivalentsto
some Gauge prescribed or. recognized BY
the pension laws OF the United States as 4
"a sufficient reason for tho allowance Of it
pension. ssall DO entitled to the dement's I
OF this act." f@ .zls 80. ~ w
"section 8: That before the name OF any
person shall be placed on T. ne Z p I m sion
4 der such rules ana regulations Il as the 6
VI Secretary OF tho Interior may. prescribe OF
q tho right OF the applicant to q pension.
"By this act. Congress, IN express teI , ms,
pcnsioned every survivor of the Mexican
war either siXty-tWo years OLD or as ,.-3
abled. 1t was passed Just thlrty-nlne
years after that war WAS conciudenl' u.