New-York tribune., 1904-10-02
PENSION ORDER LAWFUL.

Did the President disregard the consultation ~
the pension law ne was sworn 90 execute when 90
enable him 20 90 faithfully and 10 full accord
with the spirit of "a grateful country hr used his
discretion his predecessors OF both parties dl'
in ordering that IN consonance with common sense
and human experience 10 should De "a reouti1lle
presumption thar a soldier at slxty-two "HI deterl-
Grated 80 rpr cent in his ability 70 perform physI-
cal labor and at seventy was wholf tnr"parit4ted
Did he usurp the functions or Congress IN so doing
Certainly not. His order did not appropriate 10 the
soldiers their pensions The appropriation was
made by Congress after the order and for the spe-
cinc purpose Of meeting it's requirements The Pres
dent direct that disabled soldiers should re-
ceive a monthly stipend. Congress did that by a
Law duly enacted and the Constitution put upon the
President the dutv execute the law by seeing
that the governments bounty reached the benea-
Charles.
IL Is difficult 10 understand the Parker Consttu-
rionaI cubs theory that Afr Clevelauds order %
1897 making the age Of seventy conclusive proof
OF inability IS constitutional and President Roose-
velts order that the Of seventy should be con-
sidered evideutial fact In determning disahii-
ity IS unconstitutional. That club says Of these
two orders that Mr. CIcvelauds was uninportaut.
and that the difference between the two orders IS
that Mr. Clevelaud's was In accordance with com-
mon knowledge and the Presidents was not. In
other WORDS, the question of the existence OF con
stitutonaI power is to be determined by the dis
erection with which it is exercised. This Is curious
theory.
Neither do I understand how the fact that Con-
eress saw fit TO give "A service pension 10 Mexican
veterans when they reached the age OF sixty-tWo
throws any light on the Presidents power
the lights OF experience 20 help him ascertain the
fact OF total partial disability under law which
does not give a service pension AZ any age. but
disability pension regardless Of age.
am satisfied the people not been sufficient
ly alarmed by the bogie of executive usurpation 20
make II necessary 10 defend the wisdom OF the
fathers in creating an executive department Of the
government. or 70 make II necessary explain
how impossible il would be to carry out the peo-
pies will, expressed in their laws. without gen
cral executive orders to facilitate administration
based upon general special knowledge. how
much Congress leaves In legislation be worked
out through executive discretion.
OF course II is within the power of any succeed
ing President to revoke order made by a prede-
cessor il ne IS not IN sympathy with st. There is
no other ground upon which President Roosevelt
pension order can be revoked. That II is legal
Is beyond a doubt That IL a wise exercise Of
discretion Is confirmed by Congress appropriauug
the money 10 meet its exgencies. H. would BE-
extraordinary and highhanded executive perform
ance for any successor TO President Roosevelt TO
revoke a lawful order approved by Congress
and throw the matter back upon Congress 10 take
It's chances OF being reproduced in legislation.
Such a policy carried its logical ends would
make chaos throughout the land; laws would
main uneUecuted or be delayed in the execution
because executive timdity feared to proceed with
out further legislative direction This would in
eyitaby be the result unless the Democratic dread
OF executive usurpatiOn only extends 10 where
olI are beuefiCiarte-