The Holly chieftain., 1904-04-01
PENSION BUREAU
SENATE DISCUSSES LATE ORDER
Of Sixty-Two Violently Attacked
by Mr.. carmaek.

by Mr.. Carmack.
Washington. March 29-The Senate
yesterday for three hours debated the
recent order Of the Pension Bureau
making old age an evidence of disa-
bility, 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.. Carmack direct
ing the committee on Judiciary to In
quire into the authority OF the execu-
tive branch of the government to make
such an order Mr.. Carmack contend
ed that no such authority exists. but
several Republican senators argued
that the order was in line with the
regulation issued by Judge LOchren.
commissioner of pensions under Mr.
Cleveland. fixing sixty-five years of age
as an evidence Of infirmity. They also
declared that the new order would
have only the effect OF affording pri-
ma facie evidence of disability and
not that of giving a pension solely be
cause the age OF sixty-two years had
been reached by the pension applicant.
Referring to the disability pension
law. he said that it required due proof
OF disability and said:
You do not make due proof by beg
ging the question and simply presnm-
ing that because a man Is sixty-two
years old he is disabled"
He characterized the order as piece
OF executive legislation and criticised
IL as another instance OF executive
encroachment upon the prerogatives of
Congress. He quoted from service
pension bill pending before Congress
to show that the order had copied its
exact language
Why was this done?" Mr.. Carmack
asked. Then he replied that it was be
cause it had become evident that nor
pension legislation could be gotten
through Congress. Then" he went or.
the secretary said we won't fool with
those cattle up there las the President
once called Congress), we won't fool
with those cattle, but we win accom-
plish the same result by executive or
der. simple twist of the wrist"
Mr.. Foraker asked if it was not true
that Mr.. Cleveland had issued simi-
lar order in regard to Mexican pen
.sions, but Mr. Carmack insisted that
the action on Mexican pensions was the
result of legislation and not of an exec
utive order
Mr.. Carmack admitted however. in
response to suggestions from Mr. Nc
Cumber and Mr.. Aldrich, that the first
step fixing old age as an evidence of
disability had been taken by Mr.. Cleve-
land. But" he said, THAT does not
help the case. admit that the first
violation Of law in this respect oc-
Cured during that time The order in
that case was however. comparative
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 COM
,mtttee on pensions, said that. the pres
ent practice is to assume disability al
the age of sixty-flve He contended
that according to the order the fact
that man has reached the age of six
ty-two is taken only as prima face
evidence of disability.
Mr.. McCumber contended that il an
investigation was to be made at all. it
should be made by the committee on
the judiciary.
Mr. Foraker defended the order as
,praiseworthy one in purpose, and con-
tended that the law gives the secretary
authority to make rules and regula-
tions for the enforcement of the stat
ute. Mr.. Foraker said his understand
ing of the order is that an ex-soldier
does not necessarily come into a pen
lsion at the age Of sixty-two, but that
the fact of age is only an evidentia
fact which shifts the burden of proof
to the government. The effect was TO
give man sixty-two years old a prima
facie case before the department.
Il do not think the order extraordi-
nary" said Mr.. Foraker. in conclusion
,"On the contrary, l consider 1t wise
and prudent and believe that the
President, the secretary Of the interior
the commissioner of pensions and all
who had anything to do with it are en-
titled to much credit"