Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-10-06
b PENSION ORDER NO. rs 5

President Roosevelts Action ii in Line
:, with Law and Precedent. ,S5Sss
The groundless character Of 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, sgS !fi2ayg II. f
Anyone who will take the trouble to
read the act Of June p, 1880, as
amended May 8, 1900, will find a 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 ". n 4
"All persons who served 80 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 therefronl,
and who are now ,Nor who may hereaft-
er be suffering from mental or ply
steal disability of a 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 $12 per month, and not
Aess than Sc per month, proportional
u the degree of bility to earn a
support, and in. determining such ina
bility each and every aggregate of the
disabilities shown shall be rated :
! Thus, as plain as words can make 1t,
| is authority given to the secretary Of
| the interior to determine what pen
sion shall be paid to any applicant for
pension who served ninety days in the
| war of rebellion, was honorably dis
| charged, and who is disabled for the
performance Of manual labor by any
cause other than the results Of his own
vicious habits. >:.a. 4. Il. !.
| = The supreme court has decided that
| upon the point Of establishing the rate
! Of pension to be paid, within the limits
prescribed by the law the secretary of
| the interior has entire control. The
only check or supervision upon him is
| from the president Of the United 'l
States, whom the general laws specifi-
cally direct shall have control of the
commissioner of pensions and the adj
ministration of the pension system. {
\ Therefore, it was directly in line
4 with the duties imposed upon him &C
cording to section All, U. s. Revised
Statutes, j that President Roosevelt
| gave the celebrated order which has
| been called an evidence Of ""usurpa-
| ton" imperialism ''looting Of the
treasury and. other hard names, by
| excitable Democrats. The section OF
| tile Revised Statutes referred to reads
4 as follows: & ( Z. ss <s: s.'s1. VI i
.The commissioner Of pensions shall
perform, under the direction Of the sec
| rotary Of the interior, such duties In
1 the execution of the various pension
and bounty-land laws as may be pres
| cribed by the president" 4 g55:y
I President Roosevelt, IN his pension
/ order, did no more than his plain duty.
acting strictly within the powers con-
ferred upon him by the congress OF the
United States. A.1$sSl Es : X. {s e.