The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-09-26

applications where in exceptional cases the
degree OF disability specified in the order Is
found by the examiners or the surgeons
not to exist. Before Order IS was made.
the surgeons had to determine the degree
OF disability. by Mr. Cieveiand's order OF
1898. the medical officer was directed to
weigh each disability and determine the
degree that each disability or the com bined
dtsa Utilities disable the clair ant from earn
ing support by manual labor, and a rate
corresponding to this degree shall be al
lowed And the Roosevelt order Ia moth
ing more than co1iication or formula
ton OF the results OF the findings OF the
bureau during long course o: years under
HI rseli, with more experience in public
affairs than my friends OF the Constitution
Club, said Of the + coseyelt order: i have
noti"ed thtt the Comm issioners have n erely
construed the law go as to make the change.
So far as can see the change /, in keeping
with the law.
For lawyers to argue that such con-
struction OF a law by a Department for the
purposes Of administration il unconstitu-
tional or law less is absurd and no officer
OF the Constitution Club would permit
himself to urge such an argument to
court. These gentlemen know that it has
been repeatedly decided by the Supreme
Court OF the United States that the con-
struction given by Department to a law
which it is charged with the duty o. adj
rinistering will be given great, II not con-
elusive, weight, The Mckinley order has
oeen in effect for seven years and the llsve-
land order for el,y en- years- And the Roose-
Welt order is directly in line with the princi-
pie Of these orders and the decisions made
by the DepRr nient under the act. The
Constitution Club says that the .vsland
order IL nrinportant, and they thus avoid
difficulty absolutely fatal to their con.
tentions. But both the Mckinley and
Cleveland orders are not only important
but from the lawyers standpoint CONTROL
ling. For thew are both based solely on the
right Of the bureau to establish rules OF
evidence which the experience Of the bu-
reeu in administering the law shows to be
less for Mr. Cleveland 20 say that every
apphcsnt IS years Of age was entitled,
without any actual proof of disability, 70
receive the amount provided Tor those
totally disabled. as it was for MIR. Roose-
veft to say that n man 9, years OF age was
to be presumed in the absence OF proof to
the contrary to be disabled 10 the extent OF
one-han
Will the Constitution Club say that either
the Cleveland or Mckinley or Roosevelt
perisnce OF man, Or that for purposes OF
generalization there is any better source Of
inform alton than the statistics OF the Pen
sion Office or any body OF men better qua all
fed to make deductions from these statistics
than the expert medical examiners OF the
/ bfrear?
Somebody must decide under the law
whether partial or total disability exists.
and the law imposes this duty upon the
Commissioner Of Pensions. subject to re-
view by the Secretary OF the Interior
II the Commissioner finds that in the thou
sands OF cases coming to his notice the
medical officers testify over and over again
and he accordingly finds a certain degree OF
disability generally existing at certain age
and this finding governs the practice Of
the Office, is there any doubt that he would
have the power TO promulgate formal
rule according to such practice and thus
avoid repeated and unnecessary examina-
tions: Clearly not. and that Is all there rs
In this pension order.
Special provision is made by the Service
Pension law itself for the making of proof
according to such rules and regulations
as the Secretary OF the Interior may pro-
vide Here is express authority for Just
such rules as Presidents Cleveland. Mchin-
ley and Roosevelt made, if such authority
were necessary. But even in the absence
Of such express authority power to make
such rules Is inherent in the power to
administer the law.
THE Constitution Club says that SIS, 900, 900
will be added to the pension roll by the
Order No 78-a most reckless exaggeration.
Then Pension Commissioner has stated
that IS, 100, 600 may be added to the pen
be deducted the amounts which would
have been paid to those applicants over
O. years Of age who, il Order No. 7S had not
been promulgated. would have been actually
covered by that order. And II as the expert
ence OF the Pension Bureau shows there
are few applicants who are not found upon
examination to be disabled TO such degrees
Of disability II will be readily seen that
the order itself has added little or nothing
to the amount which would otherwise
have been paid. This statement is already
being confirmed; for In the six months
since Order No. IS went into effect. there
has only been added on account OF new
pensions granted to applicants 81 years OF
age or over an aggregate sum less than
500 600.
Much stress Is laid in Report No. upon
the assertion that a bill was introduced in
Congress which contained provisions sub
stantially similar to those subsequently,
inserted in Order No. rs and that the bill
was elected by the House by the votes Of
both Republicans and Democrats. The
first part Of this assertion is untrue. The
bill was. like the Cleveland order, man
datory in form. and made age the sole
qualification for the several grades Of
pensions: and Congress did not deem 1t
wise by legislation to create classes and
withdraw from the Pension Commissioner
the Discretionary judicial power to FIND
in appropriate Gases that age alore did not
create the disability contemplated by the
act Of 1870; and this was, | think, wise
conclusion. But it did not imply any disap-
proval Of Order No. rs or any doubt as TO
the power ~ the Commissioner to make
it. For at the same session OF Congress an
item was introduced in one OF the sppropria-
ton bills for the special purposes OF meeting
the expense incident to the operation OF
that order,
If tho Constitution Club continues to
put forth such psrtisan and unlawyerlike
arguments as those OF their Report No.
Upon other topics upon which they are
seeking light they should do what sug-
gested to them a month ago, viz: change
their name to the Lawyers Democratic
Club But they would do greater public
service if they would substitute truth for
nxaggeration and argument for vitupera-
ton aud enter upon lawyers discussion
of the important legal questions involved
in the Public acts OF the President OF the
United States
cunr ~ r0nT. rlTIGHT HIS WAN