New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-09-21
FOLLY or gOMETHTNG WORSE.

We regret to see the Hon. William B. Horn
blower repeating at Saratoga the inanities and
absurdities crowded into the Parker Consti-
tuition Clubs pamphlet No /. The author
ship Of that pamphlet is happily secret,
and no member or officer Of the club could
have been held directly and personally respon-
sible for its legal puerilities. But Mr.. Horn
blower seems willing 20 father in public the
extraordinary logic and manifest Commissions
in which that document abounds. He will not,
as did the author of the pamphlet, go so far as
10 hold that prescribing the attainment of sew
enty-fve years as absolute evidence Of claim
ants total disability is warranted and "const-
tutional," while prescribing the attainment Of
sixty-two years as REPUTABLE evidence OF
claimants partial disability Is unwaTanted and
unconstitutional" Yet he echoes with the fierce
indignation Of the Parker Constitution Clubs
masterpiece No. the ridiculous charge that
the payment Of pensions under the recent Ware
order is ''an illegal license by which President
"Roosevelt's Secretary OF the Treasury permits
''the money Of the nation to be distracted"
Mr.. HornblOwer said yesterday in his address
to the Democratic State Convention:
When our ancestors framed the Constitution
of the United States they not only guarded the
power Of taxation, but they also carefully
Vided also that no money should be drawn from
the Treasury except under appropriation made
by law. No appropriation has been made by law
Of money for pensions based upon age. and the
act of the President in drawing money from the
Treasury for such a purpose Is clearly uncon-
sututional and unlawful
So far as this charge applies TO the diversion
OF money from the United States Treasury by
the Hon. John G. Carlisle 10 pay pensions based
on age under the Lochren order we need not
concern ourselves to answer Mr.. Hornblower's
challenge. Mr.. Carlisle is q vce-president OF the
pariyor Constitution Club apd II
is leading member OF the clubs executive
committee. They can fight the issue out be-
tween them the next time the club gets to-
gether; but so far as the charge quoted applies
to the present Secretary Of the Treasury, its
Tefutauon is easy and obvious The Ware order
was made on March 10. 1904 and went into ef-
feet on April 13, 1904. After IL had been issued
by the Commissioner of Pensions II was re-
ported to Congress, and Congress was asked to
allow S1,JO0,OOO for payments TO be made under
it between April Is and June 80. Order No. IS
AS It was called--was made under and by
virtue Of authority granted TO the Secretary Of
the Interior in the Dependent Pension law Of
June, 1890. Congress had therefore, three
means Of dealing with the order and the re-
quest for the special appropriation. Il could
say that the Interior Department had exceeded
its authority, deny the legality OF the order and
refuse to grant the appropriation. II could re-
peal or amend the law and thus abrogate the
order. Or. finally, It could recognize the order
as legal and valid and vote the money needed to
carry it out
By passing the General Deficiency bill. con-
tanning the appropriation asked for, Congress
definitely approved the order and provided the
money which was paid out under It. How did
the Commissioner OF Pensions get the money
which Mr.. Hornblower and the Constitution Club
say was taken from the Treasury by illicit
license? Did he get 1t by fraud or violence3
No He drew it through warrants approved
under the General Deficiency act Of 1904, for
honoring which the Secretary OF the Treasury
had the cOmpletest legal justification. Why
doesn't the Parker Constitution Club 60 into the
courts and test the illegality Of the Secretary Of
the Treasury's action? Simply because it knows
1t would make itself ridiculous But perhaps
Mr.. HornblOwer thinks that no one could pos
sibly make himself ridiculous by talking ICON.
sdtuhonal hot air" to a political organization
which only two years ago wanted the federal
government to seize and operate the Pennsyl
vania coal mines.