New-York tribune., 1904-09-29
HIS ORDER NOT RADICAL
RooseveIt Pension Rule an Line 1rlth
Prezious Ones, Says III. w. Taft

HArrv " Taft OF the law firm OF Strong q
Cadv,aIader brother of the Secretary OF War;
who was mentioned for the Republican nonlina-
ton for Governor of the State. gave out a state
ment yesterday relating to Judge Parker's DIS
eussion of pension order No. IS in his letter OF
acceptance. This is an elaboration of the state
ment from him published exclusively in the
Tribune of Monday.
Mr.. Taft said:
The only comment have to make at present upon
Mr. Parkers letter Of acceptance relates TO Pension
Mr. Parker questions the legality of order No. IS
because 1t establishes rule that "senthy IS tC D
regarded as disability under the Penslon ISN ,ton m
ISse It was during Mr. CeTsands adj n5ed in
the ordinary practice OF the Pension ONCE: but Sl
prace Up Of Mr. oTde This order
was the outcome of DECISION OF Judge LoehFen, a.
the effect that under The Pension law Of lS seny
alone constituted disability Shortly therealteI
the Cleveland order was PROMULGATED -
Following this as precedent an oTGeT ,tiTs WSs
that at the age of sixty-five soldier salor was
to be conclusiyely presumed to be disabled TO Ine s
under the Cleveland and under the Mckinley or.
seniiity constitutes disability varying IL degree
according to the age Of the applicant -,
cises. is directly In line with the Cleveland and
Mckinley orders merely continuing the admlnistra-
Indeed the Roosevelt order is less radical than the
disability which nav be rebutted while the CIeve-
land and Mckinley orders created presumpttons OF
disability which were conclusive and could not be
disproved. All OF these orders and the ordinary
practice Of the Pension Office constituted an inter
pretation OF the Pension law which was aosoIluteIy
necessary for its convenient and effective enforce
The statistics of the Pension once. based on evi
dence in thousands of cases, show that at the age
labor js rc,jUted 9DebalY Nj Parker's unsupported
assertion 20 the contrary Notwithstanding; and IN
he Pension 6ice t6 exiet order No IS merely
venient administration the experience and practice
Tor ' the commissouer to md apo the report
medical examiners & qE upon any oteg '''"'
II has been repeatedly held by the Supreme Court
0t lHe th.ted states thal tlv Intgl It0. 81 a
formy given by governmental! qepdrtInetn,!S & % .
statute which 4. is charged 10 administer will have
determining the meaning Of the statute. No law
Yer would have the temerity TO urge IN court tnat
such rules of evidence the Cleveland, McFNlnley
1racf,ce Of tbs Pe1sio1 once during a period Of
eleven wears and through three administrations.
certain that NIr Parker when he was a Judge.
would for moment have listened to such a
contention.
And. now. word to what Mr.. Parker proposes;
His statement that the Democracy faEors hoeIal h9
pensions seems hardly TO be borne out IN i, alT~
Mr.. Roosevelt intention To loot the Treasury.
and Of the conduct OF the Democratic CongresSg1,
doubtful whether. il Mr.. Parker revokes that or
service pension legislation The item which was
inserted in the Deficiency Appropriation oll a., o.
No e into EJECT was bitterly opposed BY the Dem
ocrati, % r1av,bsrs of TIE A1propraton COMMITTEES
in tLe Ito,,se ~ ReDreseTtatfyes and they pre-
seuted a unanimous minority report IN oppOSltloh
to the appropriation. II it is said that this op-
nositon was hased solely upon the ilegality OF the
order itself II is a sufficient answer 20 say. hrSt
moved any doubt as the validity OF the order
because il gave 10 II legislative sanSt4h; ORE ana os i
could have been removed IL the Democrattc minort-
IN The act specifc reference to the order-a thing
which the Republicans did not think II necesss-lE
clearly within the administrative powers % the
department. No one should he deceived tLeIsioL. r.
hy Mr. Parker's talk of Democrats support ,or
Siatr TsfTnins from any attempt to define the
main features OF the service pension 4eslSlau'n n
The present situation is that money 20 carry or
der No. Is into effect has been Appropriated; that
no attempt has been made TO restrain the sRfofce
dity and that II IS certan that & no & s4Sn & 2tjeP b
WeteTans 3d vas satisfactoty both 10 them and L.
the public. No one was pressing for the pSssase or
tI,e General BLACK whom Mr Parker quotes sur
Sosts nothing more than legislation 70 the same Ft
Under such circumstances. and merely 70 Tenoye
an academic doubt existing IN The mind Of NJ
Parker as % the validity OF ne order wnsn snade
doubt ard uncertainty. And when Will he do thiSr
sgming office. and thus bring 10 end all bene-
fits arising under the Cleveland. Mckinley and
Tat ties ard perh5DS fs,ImTe will follow his
efforts ard II he succeeds ne has added nothing 70
the beneficial principle which the Pension Law
has been administered for the last eleven ye9rS
And what is 10 be said Of the sincerity of Mr.
Parksr's proposition? lie condemns MIR Roosevelt
for putting order No. y into effect on the OF
the Presidential campaign. but does he think the
people are simple be deceived nv his device
OF promising in terms significantly indefinite merely
cooperate in procuring service pension legisa-
ton II his suspicion is well grounded that Mr.
ROOSeVeIt'S motive was only obtain a strategic
position in the battle OF the ballots what be
said OF his fragrant bid for VotesH
He has made obvious attemDt to be adrolt
VIII the neoDe believe that he has been sincere in
his remarkable treatment of this subject or will
they not rather think that he has only presented
10 them contrast between the candidates de-
cdedy favorable to Mr.. Roosevelt.
M RFPUPJTCAN FAIITNc nE7r I'M orrTo