The Somerset reporter. [volume] (Skowhegan, Me.) 1868-1909, 1904-07-28
Gen. Sickles on Pension
Order No. 7S.


General Daniel E. Sickles believes the
pension order issued by Commissioner
Ware by authority of President Roose-
welt was not only just but legal. 1t can
not be alleged that General Sickle is in
clined to favor it for political reasons. In
letter to Gen. o. o. Howard he, in paI t,
says:
Order No. IS, dated March Is 1904,
which recognizes old age as disability
incapacitating a soldier or sailor to earn
living by manual labor, and therefore
emitting him to a graduated pension
under the act of June II, 1890, is sus.
tanned by precedent and law, aud is one of
the wisest acts of President Roosevelt 8
administration. This order directs that
when claimant under the act of June
p, 1890, has passed the age of sixty-two
years he is disabled one half in ability to
perform manual labor, and is entitled to
be rated at So a month the minimum
pension" after sixty-f1ve years at SO a
month" after seventy years at S12 a
| month, "the maximum.
You and | have heard this order de-
nounced as usurpation OF legislative
authority by the Executive. These crit
les forget that Judge Lochren, President
and'sCommssonero of Pensions, by
his order of September 2, 1893, gave the
same effect to the act of 1890 fixing the
age of seventy-fiye as the period for dis
ability. The legality of Judge Lochren's
order was not questioned.
| President McKinley's Secretary of the
| Interior, in July 1897, established the
rule that claimant for pension under
the act of June 27, 1890, who had attained
the age of sixty-tive years. shall be en-
titled to at least the minimum rate OF
pension (s6a month provided by that
act. This order of President Mckinley
was not disputed.
Each of these orders is based upon the
same Interpretation of the act of June II,
1859. If Cleveland and Mckinley were
right, Roosevelt is right.
The Almighty Ruler has enacted that
the great mass of mankind are seriously
disabled from earning support by man
ual labor at sixty-two years, and Presl-
dent Roosevelt and the Pension Bureau
have only recognized that law in deter
mining that the Iension of veteran for
disability, under the act of June u, 1890.
shall begin at that age, at the rate OF 10
month and be increased gradually until,
at the age of seventy.S12 month is
allowed. AS Senator Spooner we'll said,
"Service in the army is draft upon the
future which must be honored in old age
The average age of the survivors is
now between sixty-two and sixty-1ve
years. Many soldier or sailor in one
day of battle does the work OF years.
Veteran soldiers and sailors feel the
infirmties of age sooner than the
average man.
Are these acts of Cleveland, Mckinley
and Roosevelt lawful? Yes. 1t is a
long established rule of our courts that
in constituting law which is to be applied
by the executive department of the
government, the courts will sanction and
accept the practical operation and effect
given to the statute by those charged
with the duty of putting it in force, I'M
less such Interpretation of the law is re-
pugnant to its plain intent and meaning.
For ten years the government has re
garded old age as disability emitting a
soldier or sailor of the Civil War to a
pension, under the act of June 27, 1890,
which grants pensions to those who are
unable to support themselves by manual
labor. Congress has uniformly appro-
priated the money necessary to pay these
old age pensions. These appropriations
are all recognitions and approvals of the
executive action, granting old age
pensions. The courts hold that such
sanction by Congress is conclusive on
judicial tribunals.
Both parties, Democratic and Repub-
licar, have recognized and adopted this
humane and reasonable Interpretation of
law. The courts of the United States
will sustain Order No. IS whenever one
of the critics of the President will
venture to go into court to challenge it's
legality. The arrows of his assailants
will fall harmless at his feet. The liv-
ing veterans of the Civil war, their child
rem and kindred, the descendants of the
million who have died. and all of our
people who cherish manly sympathy for
the needs of our defenders, now tottering
toward their graves, will bless Roosevelt
for his kindly and just action.