The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-03-29
DISABILITY PENSIONS
DISCUSSED BY SENATE
Recent Order Denounced by MIR.
Carmack as Legislation by the
Executive.
DEFENDED BY FORAKER

WASHINGTON. March S-The Senate
to-day for three hours discussed the recent
order of the Pension Bureau making old
age an evidence of disability, and then
passed the District of Columbia appropria-
ton bill The discussion of the pension
order was based upon the resolution offered
same days ago by Mr.. Carmack directing
the committee on the judiciary to inquire
into the authority of the executive branch
of the government to make such an order.
Mr.. Carmack contended that such
authority exists, but several Republican
senator's argued that the order was in line
with the regulation issued by Judge Loeb
rem, commissioner of pensions under Mr..
Cleveland. fixing sixty-five years of age
as an evidence of infirmity. They also de-
clared that the new order would have only
the effect of affording prma facie evidence
Of disa bility and not that of giving pen
sion solely because the age of sixty-two
had been reached by the pension applicant.
In his speech Mr.. Carmack, referring to
the disability pension law said that it re-
CURED due proof of disability. You do not
make due proof by begging the question and
simply presuming that because a man is
sixty-two years old he is disabled he ad-
ded. He characterized the order as a piece
of executive legislation and criticised 1t as
another instance of executive encroach-
ment upon the prerogatives of Congress"
He quoted from a service pension bill
pending before Congress TO show that the
order had copied its exact language.
why Mr.. Carmack asked. "and replied
that it was because it had become evident
that no pension legislation could be got
| through Congress-"
Then, he went on, 1.-THE secretary said we
| wont fool with those cattle up there Gas
| won't fool with those cattle, but we will ac-
| complish the same result by executive or
| der, simple twist of the wrist !"
Mr.. Foraker asked if ii was not true that
Mr.. Cleveland had issued similar order in
/ regard to the Mexican pensions. but Mr..
/ Carmack insisted that the action on Mex
! lean pensions was the result of legisla-
! ton and not of an executive order.
Mr.. Carmack admitted, however, in re-
/ Spouse TO suggestions from Mr.. McCumber
and Mr.. Aldrich that the first step fixing
| old age as evidence of disability had
| been taken by Mr. Cleveland. But" he
said, that does not help the case. / adj
nit that the first violation of the law in this
respect occurred at that time. The order in
| that case was. however. comparatively
reasonable and the precedent has been
violently seized upon by the present oc-
| cupant OF the White House to extend the
| practice.
Mr.. McCumber, chairman of the commit
tee on pensions. said that the present prac-
| tice is to assume disability at the age of
sixty-five. He contended that according
| to the order the fact that man has
| reached the age of sixty-two is taken only
| as prima facie evidence of disc bility. The
only effect of the order would be to adj
| vance the age three years. Mr. McCumber
ssontended that If an INVESTIGATION was 10
be made at all ii should be made by the
! committee on pensions and not by the COM
/ mittee of the judiciary.
Mr.. Foraker defended the order as a
qiCe ri NV
! that the law gives the secretary authority
| to make rules and regulations for the en-
foreement of the statute. Hence 1t was
| entirely competent for the secretary to fix
age as proof of incapacity. He called at
| tentlon TO the order issued by Judge Loeb
rem, who was pension commissioner during
the administration of Mr.. Cleveland. FIX
| ing the age of sixty-five as an evidence of
disability. Mr.. Foraker said his under
standing of the order was that an ex-
soldier does not necessarily come into a
pension at the ago of sixty-two, but that
the fact of age is only evidential fact
which shifts the burden of proof to the
government. The effect to give a man
of sixty-two years old prima facie case
before the department.
Mr.. Foraker said the age limit doubtless
| had been leSSened to meet the spirit and
purpose of the pension law as shown by the
enactment In the case of Mexican pensions.
sa;1 o Ne not thinn the order extraordinary,
contrary | consider ii wise and prudent
and believe the President, the secretary
| or the interior, the commissioner of pen
| sions and all who had anything to do with
| 1t are entitled TO much credit"
Mr.. Gallinger called attention to the fact
| that much latitude had been exercised in
administering the law of 1890 and he cited
the acts of Commissioners Black and Evans
in regard to widows pensions in support OF
the statement
The pension resolution then was laid
aside and the District of Columbia bill
passed after little discussion of amend
ments.
The Senate passed bill authorizing the
| Commissioners of Vigo county, Indiana To
construct a bridge across the Wabash river
at Terre Haute, Ind.