Gilpin observer., 1904-03-31
PENSION BUREAU.
SENATE DISCUSSES LATE ORDER

SENATE DISCUSSES LATE ORDER
Policy Of Giving Pensions at the Age
Of sixty-Two Violently Attacked
by Mr.. carmaek. ;
/. Washington, March 29.-The Senate
yesterday for three hours debated the
recent order Of the Pension Bureau
making old age an evidence Of disa+
'bility. and then passed the District on
Columbia appropriation bill. /
The discussion of the pension order
was based on the resolution offered
some days aso by Mr.. Carmack direct
ling the committee on judiciary to in4
.quire into the authority Of the execu
tive branch Of the government to make
i,such an order. Mr.. Carmack contend.
ed that no such authority exists, butt
several Republican senators argued
that the order was in line with the
regulation issued by Judge LOchren,,
commissioner of pensions under M
Cleveland, fixing sixty-five years of age
as an evidence Of infirmity. They also
declared that the new order would
have only the effect of affording pri-j
ma facie evidence of disability and
not that of giving a pension solely be!
cause the age Of sixty-two years had
been reached by the pension applicanI
Referring to the disability pensionl
law. he said that it required due proof
OF disability and said
You do not make due proof by beg1
'ging the question and simply preeum-,
ing that because a man is sixty-twol
years old he is disabled"
He characterized the order as a piece,
OF executive legislation and criticised
1T as another instance of executives
encroachment upon the prerogatives oA
Congress. He quoted from a servicej
pension bill pending before COngressl
to show that the order had copied ita
exact language.
why was this done?" Mr.. Carmacki
asked. Then he replied that it was be-,
cause it had become evident that mol
pension legislation could be gotteh
through Congress. Then" he went on,
f'the secretary said we won't fool with
those cattle up there (as the President.
once called Congress). we wont fool!
with those cattle, but we will accom-
,plish the same result by executive or
der, simple twist of the wrist"
Mr.. Foraker asked If it was not true.
that Mr.. Cleveland had issued a simii
lar order in regard to Mexican pen4
isions, but Mr.. Carmack insisted thatl
the action on Mexican pensions was the
result of legislation and not Of an excel
utive order. !
Mr.. Carmack admitted, however, in,
response to suggestions from Mr.. Me-
Cumber and Mr.. Aldrich, that the Arst
step fixing old age as an evidence Of
disability had been taken by Mr.. Cleve!
land. But" he said, '"that does nod
help the case. l admit that the hrst
violation of law in this respect oc-!
CURED during that time. The order in,
that case was, however, comparatively
reasonable and the precedent has been{
violently seized upon by the present 0c-i
cupant Of the White House to extend
the practice"
Mr.. McCumber, chairman OF the COM,
mittee on pensions, said that the pres,
ent practice is to assume disability at|
the age of sixty-hve. He contended
that according to the order the faat
that q man has reached the age Of six-
| ty-two is taken only as primA facie
evidence Of disability.
Mr.. McCumber contended that II ami
Investigation was to be made at all, 10
should be made by the committee oni
pensions and not by the committee on!
the judiciary.
EOA6ACl uCACuuCu lAC VI - ~
praiseworthy one in purpose, and Con-
tended that the law gives tho secrefaryl
authority to make rules and regula-l
lions for the enforcement Of the stat;
ute. Mr.. Foraker said his understand-,,
ing Of the order is that an e1-soldiesi
does not necessarily come into . pen-l
sion At the age Of sixty-two. but that
the fact Of age is only an evidential|
fact which shifts the burden o1 proof
to the government The effect was -,
give man sixty-two years old . primal
facie case before the department.
Il do not think the order extra0rdi-
nary" said Mr.. Foraker, in conclusion.
"On the contrary, consider It vise'
and prudent and believe that the
President. the secretary Of the inteFiO' !.
the commissioner Of pensions and alll
who had anything to do with It arc en-
titled to much credit"