The Red Cloud chief., 1904-09-30
PENSION ORDER, NO.. 70.
President Roosevelt's Action Ia IN
Line with In W and Precedent.

hshtV WIN " "t'
The gronndlcss character OF the charge
that President Roosevelt has exceeded
| his constitutional powers is shown clear
ly 10y examination OF tho facts and the
laws concerned in the executive acton
known as the age pension order" issued
last March by direction of the President.
Anyone who will take the trouble 10
lead the act ~ June %, 1890. "a amend
ed May .. 1900. will find q clear basis
to begin with. II directs who shall have
| pensions. and how the amount OF the
pension. in each ease, snail be determine
ed. as follows:
All persons who served 90 days or more
In the military or naval service Of the
United states during IN" late war ~ the
rebellion and who have been honnrably dis.
charged thercfrom. Uud who are now or
who may hereafter lie suffering from u
mental or physical disability NJ n p"rma-
ncnt character. not fhc result ~ their own
vicious habits. which incapncitatcs them
from the performance ~ manual labor In
such n degree as to render them unable to
earn n support, shall, upon making due
proof Of the fact according 10 such rules
and regulations az the Secretary Of the
Interior may provide. bc placed upon the
list OF invalid pensioners az the United
States aud lee entitled TO receive II pen
sion not exceeding ST. per month, mud not
| less than Si per month, prapori Toned 70 the
degree Of inability 10 earn II support, and
IN determining such inability each and cv.
cry disability shall be- duly considered, and
the aggregate Of the disabilities shown shall
he rated.
Thus. as plain as words can make IL,
is authority given 10 the Secretary of the
Interior TO determine what pension shall
be paid to any applicant for pension who
served ninety days in the War of Re-
bellion. was honurably discharged. and
who is disabled for the performance of
manual labor by any cause other than
the results Of his own vicious habits.
The Supreme Court has decided that
upon the point Of establishing the rate OF
pension to be paid. within the limits pre-
scribed by the law the Secretary of the
Interior has entire control. The only
check or supervision upon him is from
| the President Of the United States, whom
the general laws specifically direct shall
have control Of the COMMISSIONS OF Pen
| sions and the administration of The pen
sion system.
Therefore. it was directly in line with
the duties imposed upon him according
To section AL. l.. :. Revised Statutes.
that President Roosevelt gave the cele-
lrated order which has been called an
evidence of 'nsurpation.' imperialism
IA desire to override the constitution"
a '~'looting Of the treasury" and other
hard names. by eXciiable Democrats. The
section OF the Revised Statutes referred
10 reads as follows:
THE Commissioners OF Pensions shall
perform, under the direction of the Sec
rotary OF the Interior. such duties in the
execution of the various pension and
hounty-land laws as may be prescribed
by the President"
President Roosevelt. in his pension or
der, did no more than his plain duty. act
ing strictly within the powers conferred
upon him by the Congress of the United
| States,