The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-03-21

The recent order of the President giving
a new construction TO the disability pen
sions law OF 1890 has caused great cutlery
on the part OF some Democratic papers
and politicians. They profess to be
shocked at the unwarranted and arbitrary
action of the President. his alleged usurpa-
tion of the functions of Congress by vir-
tually enacting a new law. etc.
The charge that the President has in
terfered with the prerogative of Congress
by giving an unauthorized construction TO
a law. thereby virtually enacting a law not
passed by Congress, is well calculated to
appeal to that body's jealous sense of it's
constitutional rights. OF course no person
would claim for a moment that the Presi-
dent has a right to enact new law by a
mere order. nor could any person be made
to believe that he intended TO attempt such
thing. But Senator Overman, of North
Carolina, introduced the following:
Resolved. That the secretary of the in
terror be and is hereby directed to Inform
the Senate:
l. Whether an order has recently been
issued charging the pension act of June
q, 1890. and amendments as to disabilities
OF applicants for pensions, and IL So to
send To the Senate copy of said order.
q BY what amount If airy. Will said order
probably increase pensions annually, par
ticularly when the same shall become fully
operative.
This resolution was adopted by the Sen
ate unanimously, showing it's willingness
to inquire into the matter. The resolution
is now in the hands of the secretary of
the interior, and no doubt his reply will
give all the facts of the case, including
the construction put upon the law by a
former President and commissioner of
pensions. This construction, including the
fixing of the minimum disability age at
sixty-fve years and the maximum at sew
enty-five, was in force about twelve years
without any question being raised as to the
| right of the President to place that con-
struction the law. 1t was an arbitrary
construction to begin with, but person
| simply changes the former construction for
one of his own, he has done nothing novel
nor alarming. The Democratic papers and
politicians are simply trying TO make po-
| litical capital. as they do out of everything.
| AS the Journal has already pointed out,
the law of 1890 says nothing about the age
when veteran may begin to draw a dis
ability pension. 1t simply provides that he
may draw the pension, not less than S. nor
more than sl2 month. on application and
proof before an examining board that he
is physically disabled to an extent disqual-
4
manual labor. The law did not say any
thing about age, but it evidently contem-
plated disability from age as well as from
disease. 1t was passed during President
Harrisons administration, and the original
order fixing the minimum agefat sixty-five
years and the maximum at seventy-fve was
! issued during his administration. Benjamin
Harrison was lawyer and did not attempt
to usurp the power of Congress. If Presi-
| dent Roosevelt is a usurper for changing
the age limits then President Harrison
was usurper for fixing them in the first
instance.
| In his first annual message of his second
term, in December, 1893, President Cleve-
| land said:
| Although the law of 1890 permits pensions
| for disabilities not related to military serv-
| ice, yet as a requisite TO its benefits a dis
| ability must exist incapacitating applicants
| from the performance of manual labor
| to such a degree to render them unable
| TO earn a support" The execution of this
| law in it's early stages does not seem to be
| In accord with its true intention, but to-
| wards the close of the administration ar
| authoritative construction was given to the
statute, and since that time this conStruc-
ton has been followed This has had the
| effect of limiting the law to its intended
purpose.
There is no criticism here of the age limit
| nor of the President for making it, nor has
there ever been any criticism on that point
| until now. President Roosevelt has MOI
| enacted a new law, his political enemie:
are charging. He has simply followed the
example of his predecessors in putting hi:
| own construction on the law as to wher
disability pensions may begin and wher
the maximum shall be reached. withou
making any change in the form of applica
ton or the proof to be submitted.
If the President had exceeded his author
ity in this matter he would doubtless b,
| prompt to admit and correct his mistak,
IL it should be made clear by the courts
or otherwise. The reply of the secretar,
of the interior to the Senate's resolution
will doubtless throw light on the subject.