New-York tribune., 1904-10-03
PENSION ORDER 7S.
Its True Meaning -MisrepresentG-
tons of 1t bg Democratic PartisanS.

IOHS OF III 6g democratic PGTttSGnS.
To the Editor OF The Tribune
Sir: Much that is neither true relevant has
been written and spoken in regard TO the resent
order as issued for the regulation CT the Bureau
OF Pensions IN adjudicating claims under the act
of June 27 1880. The impression is made that the
order was intended to increase UnIawfuIiy the
number OF eligible applicants for pensions under
that act and that it confers upon claimants rights
that had not been granted by the statute. This
We" Is expressed by Judge Parker in his letter
OF acceptance, wherein. with a degree OF pluck
unusual In the author OF that famous telegram 10
the 81. Louis convention. he charges President
Roosevelt with executive usurpation In fact
Judge Parker alleges that in Order IS the President
did what Congress alone possesses the right to do
and that he did il for the purpose OF winning
votes
With due respect for the Democratic leader. I
venture 10 say that the view forth in his letter
of acceptance is not only erroneous but Indicative
If lack of information as to the character of
our pension system and to the essential meth
obs OF ITS administration. That system is based
upon the general act OF 1852 the benefits OF which
constitute governmental gratuties bestowed upon
soldiers Of the Union who had incurred disabilities
in the lire Of duty, and. also upon their widows
and orphans. The act Of 1852 was supplemented
on June 2. 1880, by act granting pensions 10
soldiers and sailors who are ineapacitated for the
performance OF manual labor but whose disab-
ties were not incurred I'm the service and
mot the result OF their owa vicious habits" The
terms Of these acts not mandatory. but con-
diuonal. the application OF them being governed
by facts that shall be established in conformity
with certain rules OF evidence prescribed by exeCu-
tive authority. 1t thus appears that pensions are
not granted arbitrarily. or in the absence OF law
and of evidence. Every claimant must file a dec
laration and prove his case by competent testi-
mony
The rules OF evidence requisite in pension claims
have from time 10 time been modified The ten
dency has been. in the light OF experience, to
large their scope with q view developing the
meaning OF the law and applying its generous bene-
factions, thereby lessening the difficulties that
might otherwise Obstruct the veteran in showing
his pensiona bic status: but the rules thus modified
were never regarded in any sense either usurpa-
tious OF executive authority or violations Of law
When. for instance, under the Cleveland admins
tratlon, the Mexican War amended as 10
Increase the rating from IS 10 Sl2 month. the In
crease being partly governed BY 'evidental facts
based upon the claimants age varying upward
from sixty-two a rule Of evidence applicable TO
such issued. II done without express
Congress authority. but thought OF IL as
usurpation by the executive. nor as intended 10
either uuls wfully enlarge the pension roll 10
make votes. II was hailed matter of course II
not or necessity In the adjudication of Mexican
War pensions When. after the passage Of the act
uf June p 1880 order issued under the Nc
kinley administration extending and broadening the
limit In justifying the highest rating for dis
abilities alleged by the claimant, nobody who felt
friendly 10 veterans objected either in OF
Congress The order was approved and applauded
everywhere. II interpreted a renewed indi-
cation Of President McKiney's purpose TO soften.
n possible. the labor Of proof taking In dependent
but now. when an issue is soreIy needed by our
Democratic friends who since ls65 have denounced
outer, +. made risnE weiInieh 10 he beight f vio
euce against President Roosevelt. who tmpeiled by
spired Presidents Cleveland and Mckinley, has su-
ihoriz"d such modification of the rules ot evidence
~ Of nm Vail each yEifb
sympatH"tic touch those veterans who. having at
tiou with actual dsa bite- for the half total rate
and likewise those who having reached the age OF
seE.nLy s.aA on similar grounds ask for the total
TatIE ~ 81 q month under that act. This is the
ieugtt and breadth ~ order IS II
grafton it Is lberslzlng modification ~ the rules
upon experience and made applicable dependent
t1,e aaT - nenrT ADDS 70 & nor t?kes from
he Ii,t " eligible claimants
I'm tact. it does Just what has been repeatedly
done hy executive authority since the enactment
of Tie law ~ So IT, therefore II be a usIrpa-
ttou- theu the whole history OF our great pension
system Is record ~. usurpaton from the start
and reed. n he radically changed It is probable
President Mckinley. with reference 10 the De
pendent Pension law would have been framed un-
der Democratic administration. The soldiers
not .hnch indebted FOR pensions TO the Democrats.
and Theodore Roosevelt. prompted by patriotic
symTathy. 20 do what they have done. as it is for
rag or to lift his hat IN reverence when sauting
battle Scared nero Of the nation.
LIT me add that a member for time
the Board Of Pension Appeals. Department Of the
lutfrior-it being the duty Of that body 10 ad-
JudcBte appeals from the Bureau of PensiOns-tt
was daily habit of myself. we'll OF athers.
Hussey. 20 consider the matter Of age "evi-
Dental fact determining the status of claimants
for pensions and supporting their declarations.
This true long prior TO the dates Of the
eral orders mentioned relating Ia rules Of evidence
under successive administrations, and hence the
orders themselves being only the logical outcome
o. the statute. made. when issued. hardly per-
ceptibe difference In the actual work or adtudiCa-
tiop The significance OF this statement Is quick
" perceived when II IS remembered that rules Of
considered It's merits. These rules
have been framed by Congress enactment.
could they be. the formation OF them being the
exercise OF a departmental function. and. there
fore within the scope OF executive action alone.
Fortunate. indeed Is that this is the IL
puts the practical administration of our pension
system beyond the irrational TaNlngS or BOurke
Cochran when fully inspired by his characteristic
hatred 0f II not beyoud the less
bosterOus. though less harmful, ignorance OF a
Judge Parker declares that, II elected to the
Presidency. he will 'resCnd' order ~ 1 have
no doubt of it. OF course then, he Will also re
sciud' the orders issued under Presidents tleve-
title Of The Great ResCinder': but, II elected and
he shall daringly proceed To execute his avoWed
purpose. he should take IN advance the necessary
treatment 10 melt an Icy heart ana SOOthe the
pangs OF a paralytc hand-even though he promise
his Influence In hehalf of service pension
the granting of which at indefinite date in
future years will be Of about much use as the
planting Of weeping willows above the soldiers
graves! GEORGE BABER
Washington Sept co. 1904
SEEING OBJECTS AT A DISTANCE AT SEA.