The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-09-08
NO USURPATION
BY ROOSEVELT
Democratic Charges of Disregard
of Law by President Are
Unfounded.
CLEVELAND PENSION
ORDER AS PRECEDENT
Action in Panama Affair Only Fol
lowing Out Duty of
America.
BY w. w. Jermane.

BY w. w. Jermane. !
Washington, Sept. S.-One Of T h
Journal northwestern readers
writes as follows:
Democrats harp a good deal on what
they call disregard Of law by the execu-
tive or usurpation by the executive of
powers never conferred upon it by the
people. Can you tell us the real facts,
such as the action Of the president In
pension matters, and other pertinent af-
fairs?
The democratic charge that the presi-
dent has violated the constitution and
the laws of the land is based on two
sets of facts only. One has to do with
pension order No. 70, which recognizes
old age as disability incapacitating a
soldier or sailor to earn living by
manual labor, and the. other with the
attitude of the administration toward
the new republic of Panama. There
is a good deal of loose talk among dem
ocrats about "other matters' in which
the president has overridden the con-
stitution and the laws,' but the two
cases named are the only ones for
which specifications have been fur
nished.
The charge is very silly, and but for
the fact that issues are scarce in this
presidential campaign, would not be
made. There is in New York city an
organization known as the Constitu-
tional club, composed of eminent law
public in the 7'lawless'7 acts of the
president, and they have banded them
selves together in an effort to crystal
lie public sentiment against this ex-.
ecutive usurpation. Chief among these
eminent lawyers is John G.. Carlisle,
once speaker of the house of represent
tatives and for years counsel in New
York for some of the leading corpora
ton interests Of the country.
Critics Fail to Answer. .... .
Henry w. Taft, a citizen of New
York, has addressed letter to this
asks a question very similar to that
propounded by The Journal 8
reader. He wants to know "what are
the specific acts of Mr.. Roosevelt which
the members of this club as lawyers
believe to be unconstitutional This
question has not been answered.
Mr.. Taft IS question was suggested by
the following announcement made by
the club g executive committee:
The club will make no hasty assertions
and take no hasty action. 1t will investi-
gate the full records Of some of President
Roosevelt's acts, such his adding $12,-
000 900 to the pension rolls by his eXecu-
Panama affair and other matters III
which he has overridGen the constitution
The club will be perfectly just to him
1t will accuse him of what he ought to be
accused of and give him credit for the
things that he deserves credit for.
In commenting on this situation, the
New York Sun makes a statement tt
which the attention Of T h our
nal s questioner is called. It says:
If the Parker Constitution club, as law
Roosevelt in violation of tho constitutio,
which he has sworn to obey, 1t will b.
their duty, as lawyers, to demand no
merely his defeat at the polls, but his i'm
parchment.
This quotation from the Sun exposes
the hypoocricy and demnaagogy of thu
were guilty Of Violating the constitution
or the laws. the democrats would b.
quick to proceed against him thru i'm
parchment. They would want nothin,
better at the opening of a presidential
canvass.
Facts In the Matter.
But to the facts. Pensice order Nc
fe, which is denounced as a usurpatio
# legislative authority, is sustained b.
PRECEDENT and law. Judge Lochrer
commissioner of pensions under Nj
Cleveland, by his order Of Sept. ?, 1S9;
gave the same effect to the pension &C
Of 1890 as has been given to it by tn
order complained of, except that h
fixed tho age limit at IS instead of 6
years. The legality of the Lochre
0f IN 1877 49, n Presd Peef
barry Of the interior established the rul
That ga claimant for pension under tn
pct Of 1890 who has attained the age 9
b. years, shall be entitled. to at least tn
md a%Ym pr Fats Of by e thaf rb
order Of President Mckinley was neve
disputed.
Pension order No, IS, issued by Con
missioner Ware. and approved by Sc
retary Hitchcock, directs that aWhen
passed the age of 81 years he is di
abled one-ha1f in ability to perfor
manual labor and is entitled to be rate
at Sc month; after 6S at $40
month, and after 10 years at $12
Each Of these orders was based upc
the same interpretation of the act
1890. IF Cleveland and Mckinley we
right, Roosevelt is right.
General Dan Sickles, democrat, HI
r HeRard e3g EHb f Se Go eon GenfTa
pension order No. IS is within the la
and that the president was clear
within his rights when he sanctioned
issuance. He closes by saying: +" It
courts Will sustain order NO. 10 Whe
ever one of the critics of the preside
will venture to 90 into court to CHI,
lenge his legality" And he cit
many supreme court decisions in pro
of his assertion. His argument is
legal one, and he is surprised to Fl
the democrats resorting to such che
stuff in this campaign.
AS to Panama Case.
1t is not clear just where the den
Gratis pretend to see in the president
Panama policy violation of either
constitution or the laws. The princiI
objections raised by the democrats
this policy may be briefly summariz
as follows:
Continued on Second Page.