The citizen-Republican. (Scotland, Bon Homme County, S.D.) 1???-19??, 1904-09-29
PENSION ORDER NO. 78
President Rooscvelts Action Is in Line
with Law and Precedent.
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President Rooscvelts Action Is in Line
with Law and Precedent.
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
Anyone who will take the trouble to
read the act Of June 81 1890, as
amended May 9, 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:
"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 therefrom,
and who are now or who may hereaft-
er be suffering from q mental or ply
sical 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 un-
able to earn a support, shall, upon
making due proof of the fact accord
ing to such rales 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 SIP per month, and not
less than $6 per month, proportioned
to the degree of disability to earn
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 it,
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. Til
only check or supervision upon him Is
from the president Of the United
States, whom the general laws specifl-
cally direct shall have control of the
commissioner of pensions and the ad-
ministration of the pension system.
Therefore, it was directly in line
with the duties imposed upon him az
cording to section All, y. 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
retary Of the interior, such duties in
the execution of the various pension
and bounty-land laws as may be pres
cr1bed 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
United States.