New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-06-28
SICKLES ON PENSIONS.
DEFENDS OLD AGE ORDER.
The General Writes Vigorous Reply
to Presidents Critics.
IRON THE TRIBUNE BUREAU

Washington, June 2T.-When President Roosevelt
was returning from Gettysburg on May 30 he had
as guests in his private car General Daniel E
Sickles, General O. o. Howard and Pension Com
missioner Ware. who. described in these dis
patches of that date. held impromptu Grand
Army campfire. Among other subjects discussed
was the age pension order, and that discussion
has resulted in the following correspondence. made
public to-day by Pension Commissioner Ware:
Boston. Mass. June ., 1901
Dear General Sckles: When you and were in
the railroad coach the other day in answer 10 some
said in substance that his recent pension order
was GOOD one Ior all concerned and you made a
order was thoroughly legal proper interpreted ton
you be willing TO put in writing for my use and
very truly yours. Q. O. HOWARD.
New-York June % 1904.
Major General o. Q Howard I. 5. A
80 SIfiei oo m Win soLI LedIesl.
pressed by me the other day about the recent PEN
The Constitution commands the President 10
take care that the laws be faithfully executed
imposed upon the President the duty Of supervts
bureau in the government placed under the i'm
mediate direction Of the President by an act Of
order No. IS. dated March Is. 1so4 which recos-
1izes old age as disa ability incapacitating sol,
aRdT the ot NJ h f. m is 5
precedent and law. and is OF the wisest acts OF
President Roosevelts administration.
usurpaton of legislative authority by the Execu-
Pys.ds These critics forget thai Judge hoehran
BY his order OF September > 1898. gave the same
seventy-hve the period of disability The legality
Of Judge LoShTan'S order was not questioned,
July 1897 established the rule thar ,on "a claimant for
tained the age Of xt Of Fears shan " b e mas h
10 at least the minimum rate OF pension (s6
dent Mckinley not disputed
CLEVELAND AND MKINLET PRECEDENT.
President Rooscyelts Commissioner Of Pensions.
Colonel Ware. in his famous order No. IS. APP
proved BY the Secretary OF the Interior. Mr. Hitch
cock, directs that when a claimant under the act
OF June q. lssy has passed ths age OF stxty-two
manual labor and is entitled to be rated S
MONTH. the minimum pension, after sixty-nve
month, and after seVenty years at Sl2 a month.
Each of these orders is based upon the same in
terpretaio OF thu act OF June 2 1880 II Cleveland
1t is the common experience Of mankind that old
age units one TO earn a living by manual labor.
Who vii give Job OF hard work TO man over
for many years recognized old age as a legal dis
sailor 70 support. President Roosevelt de-
That is true and Roosevelt has the same authority
70 FIX the Pensionable period as Cleveland and Nc
he navy are retired from service at that army
0ceIs are TeIreq al siXty-tour congress deter
all OF our soldiers who served in the Mexican War
placed on the pension roll giving them IS a month
81 more a month than is allowed by Order No. IS
President followed these analogous cases.
The Almighty Ruler has enacted that the great
mass of mankind seriously disabled from earn
ing 4 support by manual labor at stxty-two years.
have only recognized that law in determining tn It
the pension Of a veteran for disability. under the
OF Sc month and be increased gradually until
Senator spooner well sad seryce IN }Se arms
is a draft upon the future which must be hon
is now between sixty-two and sixty-hve years
Many soldier or sailor in one day Of battle does
feel the inhrmites of age sooner than the average
Is the Roosevelt order censurable because it says
that the disabilities of old age begin at sixtytwo
land denounced for the Pension once order of
1888? Is it because seventy-hve years was fixed as
= becsse o s,xtydve Gears was xed as the pen
sionable age? If Roosevelts order is usurpatior
of legislative authority. then Cleveland and Nc
But nobody ever complained OF these acts Of Roose-
yet's predecessors It is only our strenuous young
fault in following the footsteps of his prede-
cessors
DECISIONS THAT SUPPORT THE ORDER
Are these acts Of Cleveland, Mckinley and Roose.
our courts that in constituting a law which is to be
ment the courts viii sanction and accept the prac-
teal operation and effect given TO the statute by
those charged with duty OF putting il in force,
unless such Interpretation OF the law is repugnant
go eS PIn has REGARDED old age as dsa6ty
Emitting a soldier or sailor of the Civil War to a
pension under the act of June e. 1880 which grants
pensions to those who unable to support them
selves by manual labor. Congress has uniformly
APPROPRIATED the money necessary TO pay these old
age pensions. These appropriations are all rec
ognitions and approvals Of the executive action.
granting old age pensions. The courts hold that
such sanction by Congress is conclusive on judicial
tribunals. -
1904 IS therefore the law OF the land, having the
authority OF the executive, legislative and judicial
departments Of the government. The propositions
OF law maintained in this letter. are supported by
familiar cases TO be found in the reports of the
VS. Deany. Cranch 2; Brown VS.. United States.
ils United States $685. the Laura, ia United States
All United States VS.. Graham. 10 United States.
az: United States vs. Phbrick. 120 United States.
81; United States Johnston. Ia United
II is said that Order No. 70 costs money. Yes
that IS true Time is responsible for this;
Roosevelt. The veterans growing old thou
sands OF them every year pass the old age
period Of sixty-two The War Of the Rebellion
men who fought for the Union are past threescore
years. The critics have the consolation OF know
ing that death will soon terminate the pensions
Both narties Democratic and Republican, have
and adopted this humane and reason
United States will sustain Order No IS whenever
one of the critics OF the President will venture TO
20 into court challenge its Legality The arrows
OF his ASSISTANTS will fall harmless at his feet The
living veterans Of the Civil War, their children and
kindred the descendants OF the million who have
died and all of people who cherish a manly
sympathy for the needs Of their defenders,
lettering toward their graves will bless Roosevelt
for his kindly and just action Sincerely yours.
DANIEL z. SICKLES.