The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1904-03-31
TALK Of PENSION ORDER,
Recent PRONUNCIATION from Pension
Bureau the Subject Of Criticism
by Democratic Senator'S.

A Washington special says: Tho
senate, Monday. for three hours dis
cussed the recent order Of the pension
bureau, making old age an evidence
of disability,an then lookup and pass
ed the District of Columbia appropria-
ton bill. The discussion Of the pen
sion order was based upon the resolu'
tion offered some days ago by Mr.. Car
mack, of Tennessee, directing the COM
mittee on judiciary to inquire into the
authority of the executive branch OF
the government to make such an or
der. Mr.. Carmack contended that no
such authority exists.
Mr.. Carmack characterized the order
as piece Of executive legislation and
criticised it as another instance of
executive encroachment upon the pre-
negatives of congress-"
He quoted from service pension
bill pending before congress to show
that the order had copied It's exact
language. ''Why?" Mr.. Carmack ask
ed, and replied that it was because 1t
had become evident that no pension
legislation could be gotten through
congress.
Then" he went on, "the secretary
said we won't fool with those cattle
up there (meaning congress), but we
will accomplish the same result by
executive order, simple twist Of the
| wrist"
Mr.. Foraker asked if it was not true
that Mr.. Cleveland had issued SINH
lar order in regard to Mexican pen
sions, but Mr.. Carmack insisted that
the action on Mexican pensions was
the result Of legislation and not Of an
executive order.
Mr.. Carmack admitted, however,
that the first step fixing old age as
an evidence of disability had been
taken by Mr.. Cleveland.
But" he said, "that does not help
the case I admit that the first viola,
ton of the law in this respect occur.
red at that time The order in that:
case was, however, comparatively rea-
sonable and the precedent had been
violently seized upon by the present!
occupant of the white house to extend
the practice"
Mr.. McCumber, chairman an Of the
committee on pensions, said that the
present practice is to assume disabil
| ity at the age Of 65. He contended
that, according to the order, the fact
that man has reached the age OF 81
is taken only as prima facie evidence
of disability. The effect of the order
would be to advance the age three
years.
Mr.. Foraker defended the order as
a praiseworthy one in purpose and
contended that the law gives the sec
retary authority to make rules and
regulations for the enforcement OF
the statute Hence it was entirely
competent for the secretary to fix age,
as proof Of incapacity. He called aL..
as proof Of incapacitp. He called az
tention to the order issued by Judge
Lcchren, who was pension commits
sioner during the administration of
Mr.. Cleveland, fixing the age Of IS as
an evidence Of disability.
Mr.. Foraker said his understanding
| of the order is that an ex-soldier does
not necessarily come into a pension
at the age of g., but that the fact Of
age IS only an evdehtial fact which
shifts the burden of proof to the gcv-
eminent.
Mr.. Gallinger called attention to the
fact that such latitude had been exer-
| cised in administering the law Of 1890
and he cited the acts Of Commission
ers Black and Evans in regard to wild
ows' pensions in support of the state
| ment.