New-York tribune., 1904-09-26
PENSION ORDER LAWFUL.
II. ". Taft Riddles Parker COnsti-
tuition Club arguments.

While I away my vacation" said
Henry W. Taft, of the law firm of Strong &
| Cadwaader. yesterday. Il saw that the Con-
stitution Club had at last. after a delay Of six
weeks, begun TO devise reasons for its indict-
Hent OF Mr.. Roosevelt on August 16 the club
made an official announcement OF its purposes.
and, coming from a club OF lawyers. 4
remarkable that it ought to be borne IN mind
whenever the CLUB asks TO be listened 10. After
an incorporate attack on tho President. with
out specification or proof. the announcement
closed with this remarkable confession; All
this we believe to be SO. but we have not nvesti-
gated: but when we do investigate We
will be perfectly just to him and will not accuse
him of what he ought not to be accused OF. and
will give him credit for things he deserves
credit for
Justice from such source forsooth' II these
gentlemen would out into the open and
abandon their absurd pretension to judicial
impartiaIity, they would command our respect
as d body OF ardent Democrats fighting for their
cause And in this connection there is ques-
tion interesting TO every lawyer-viz., whether
the eminent gentlemen whose names are used
as president and vice-presidents OF the cluo
would subscribe to the extreme propositions put
forth by the two three young gentlemen on
the executive committee who are conducting the
affairs Of the club under the direction of the
4 Democratic National committee venture ~
assert that they would not.
James c. Carter the president Of the club
AT about the time OF the organization of the
club wrote a letter giving at great length his
reasons for supporting the Democratic ticket
but he expressed for Mr Roosevelt the greatest
respect. and did not remotely hint at unconsti-
tutional or lawless acts on his part either IN
making the Pension Order No. IS OF IN any
other matter; and l am confident that neither
Mr. Parsons, nor Mr.. PeclSham. nor Mr.. La
rogue nor Mr.. Carlisle would, on their indlVid-
ual responsibility. express the legal opinion that
the President ofs the United States had been
guilty Of high crime and msdeneahorS SUD
jecting him to impeachment"
Mr. Taft then continued as follows;
But let us examine report No. l. Tae IN. q this
report betrays partisanshlp of an exJreI4e type II
imputes 20 the President the most unworthy mo- mo,
consnracy to Extract millions Of dollars from the
Treas1r And all this solely to secure his re
election 'assns the question whether ts oiI
of harangue is calculated 10 appeal to inteiilseHl
members OF the bar, Will take up the subject mat
BY the pension law OF 1890 this country approved
OF permanent service pension system ulluel
Suring G 'ii tho Re5eon for specified period became
entitled TO pnsion Of not less than So nor more
than $l2 month. provided 1t should DC pL0Teu pt. M
he suiie .lg from permanent dlsaDI,'y br IN
capacitatng him from performing manual manu- IL LABOR aT1
in such degTee as to psnaer n he n pad Is saduated
by the law according to the degree of dsa bity.
,m1airs the capacity for manual labor and the
commissioner of Pensions, subject TO review by tne
Secretary of the Interior, is the officer who Is 10
datermine in his Judicial discretion whether dls-
ability 10 perform manual labor does exist ana II
So 10 what extent. That tllis judicial function mas
not been performed perfunctorily VIII appear from
the facts that since the passage of the act in 1890
ont OF nearly sixteen hundred thousand appllca-
tions fnr pensions only little more than nine
hundred thousand have been granted. and lhat IN
the wear following the passage OF the act, out OF
YEARLY seven hundred thousand applications only
about one hundred and nifty thousand were
In examining such immense number OF ap-
,catJcns LAWYERS will readily appreciate that rules
hotb of procedure and of evidence become an abso-
i,,ta necessity and that rules OF evidence as 20
IIben disability 10 perform manual labor is 10 be
he Evidence OF surgeons and other experts. and
Issifcatiou based upon their conclusions IL every
iS3id,,al case were be considered upon its par
ttc,iar facts administration under the act would
becone II not impossible at least most cumoer-
some.
CLEVELAND AND MKINLEY ORDERS.
A. oarl,- as 1888 and during the administration OF
NJ C,Iavelaud an order was made that In the case
~ n man seventv-live years old "senility alone
sbonld he conciusiVey regarded a disability
.iti1tn 4be meaning Of the act of 1890 This order
49, bosed upon a decision by Mr. Cleveland's
go, 1issioner of Pensions, in February 1888 that
,yero the proper persons TO estimate the degree OF
disabty for the performance of manual labor
ar,st's- fborefrom. Upon this principle and In the
- - 7-aar an order made h' Mr. Mckinley's
Ssaretssrv az the Interior that an applicant for
nensior Who was sxty-dve years old should be
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