The San Francisco call., 1904-03-29
OPPOSES NEW
PENSION ORDER
Senator Carmack Raises the
Question of the Power
of the Executive Branch
CRITICIZES AGE LIMIT
Foraker Praises Course of
the President and Speaks
in High Terms of Ruling

WASHINGTON. March 2S.-The Sen
ate to-day for three hours discussed
the recent order OF the Pension Bureau
making old age an Evidence Of disabil-
ity. anc then passed the District OF
Columbia appropriation bill. The dis
cussion Of the pension order was based
on the resolution. offered some days ago
by Carmack directing the Committee
or judiciary 10 inquire into the au-
thority of the executive branch of the
Government TO make such an order.
Carmack contended that no such au-
thOrity exists. but several Republican
Senators argued that the order was
in line with the regulation issued by
Judge Lochren. Commissioner Of Pen
sions under Cleveland, fixing g. years
f age as an evidence Of infirmity.
They also declared that the new law
w5uid have only the effect of afford
ing pri.aa -Lacie evidence of disability,
and not that Of giving a pension
solely because the age of So years
lad been reached by the pension ap-
phcant.
Carmaok admitted, in response to
suggestions from McCumber and Aid
rich. that the first step fixing old age
as an evidence Of disability had been
taken by Mr.. Cleveland
But" he said, that does not help
the case. ] admit that the first viola
ZION Of the law in this respect occurred
al that time. The order In that case
was, however, comparatively reason
able. and the precedent has been vio-
lently seized upon by the present oc-
cupsnt of the White House to extend
The practice"
McCumber. chairman Of the Commit
tee on Pensions. said that the present
practice is to assume disability at the
age Of 65. He cOntended that accord
ing TO the order, the fact that man
has reached the age Of So years is
taken only as prima-facie evidence OF
disa bility.
McCumber contended that if an in
vestigation was To be made at all il
should be made by the Committee on
Pensions. and not by the Committee on
judiciary.
Foraker defended the order as a
praiseworthy one in purpose, and
Contended that the law gives the Pres
ident authority to make rules and reg
UlatiOns for the enforcement of the
statute.
Foraker said his understanding Of
the order is that an ex-soldier does not
necessarily come into a pension at the
age Of 81, but the fact of age is only
an evidentiai fact, which shifts the
burden of proof to the Government.
AAN N-ANNA N a. ~ Give d man % Years
old a Drima-facie case before the de-
partment.
i don't think the order extrao1-
dinary." said Foraker, in conclusion.
on the contrary, 1 consider it wise
and prudent, and I believe that the
President. the Secretary of the In
terror, the Commissioner Of Pensions
and all who had anything to do with
X are entitled 10 much credit
The pension question was laid aside
and the District Of Columbia approprf-
9tion bill was passed after a little dis
cuSsion Of amendments.
Proctor presented a partial report
on the army appropriation bill He said
that among the items disagreed TO was
that giving rank TO retired officers who
had served in the Civil War He said
the House had accepted the Senate
provision for an increase Of the En-
gineer Corps of the army.
The report was accepted and a f1r
tner conference ordered
The Senate at AIS p. m. went into
executive session, and at 4:25 ad-
Journed.