The Black Hills union and western stock review. [volume] (Rapid City, S.D.) 1904-19??, 1904-10-14
PENSION ORDER NO. 70
President Roosevelt's Action Is In Line
with Law and Precedent.
ACKNOWLEDGEMENTS

President Roosevelt's Action Is In Line
with Law and Precedent.
The groundless character CT the
charge that President Roosevelt has
exceeded his constitutional powers is
shown clearly by examination of the
facts and the laws concerned in the
executive action known as the "age
pension order issued last March by
direction of the president.
Anyone who will take the trouble to
read the act of June 81. 1880, as
amended May 8, 1900, will find clear
basis to begin with 1t directs who
Shall have pensions, and how the
amount of the pension, in each case,
shall be determined, as follows:
"All persons who served so days or
more in the military or naval service
Of the United States during the late
war of the rebellion and who have
been honorably discharged therefroin,
and who are now or who may hereaft-
er be suffering from mental or ply
steal disability of permanent char
acter, not the result of their own VIC
ious habits, which incapacitates them
from the performance of manual labor
in such degree as to render them I'M
able to earn support, shall, upon
making due proof of the fact accord.
ing to such rules and regulations as
the secretary of the interior may pro-
vide, be placed upon the list of in
valid pensioners of the United States
and be entitled to receive pension
not exceeding $12 per month, and not
less than So per month, proportioned
to the degree of disability to earn a
support, and in determining such ina
bility each and every aggregate of the
disabilities shown shall be rated"
Thus, as plain as words can make 1t,
is authority given to the secretary Of
the interior to determine what pen
sion shall be paid to any applicant for
pension who served ninety days in the
war of rebellion, was honorably dis
charged, 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 esta blishing the rate
Of pension to be paid, within the limits
prescribed 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 speci1-
cally direct shall have control Of the
commissioner Of pensions and the ad-
ministratiop of the pension system.
Therefore, it was directly in line
with the duties imposed upon him ac-
cording to section Al, U. s. Revised
Statutes, that President Roosevelt
gave the celebrated order which has
been called an evidence OF "usurpa-
ton," Imperialism" a footing Of the
treasury and other hard names, by
excitable Democrats. The section Of
the Revised Statutes referred to reads
as follows:
..The commissioner Of pensions shall
perform, under the direction Of the sec
rotary Of the interior, such duties in
the execution of the various pension
and bounty land laws as may be pres
cribed by the president"
President Roosevelt, in his pension
order, did no more than his plain duty,
acting strictly within the powers con-
ferred upon him by the congress Of the
Unfted States.