Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-03-28
CARMACK CR|T|C|SES
Attacks the Presidents Re-
cent Pension Order.
USURPATION ALLEGED
CHARAcTERIzEs IT AS ExECU-
TIVE LEGISLATION.
Admits on Being Pressed by Repubh-
cans That the First Step Was
Taken by Mr.. Cleveland.
USURPATION ALLEGED

The Senate passed the following bills at
the beginning of today's session:
Authorizing the commissioners of vigo
county, Ind. to construct a bridge across
the Wabash river at Terre Haute. Ind.
Changing the date for holding terms of
the federal court at Athens. Ga.
Transferring Pierce county, Ca. from the
eastern to the southwestern division of the
United States district court for the south
ern district of Georgia.
Changing the counties of Lynn and Char
iton in Missouri from the western to the
eastern judicial district of that state.
Establishing fish culture station in the
state of Idaho.
Authorizing the payment of pensions OF
inmates of Government Hospital for the
Insane to the superintendent of that 1nstl-
tuition.
On motion of Mr.. German the Senate au-
thorized the printing of 1900 extra copies
of the decisions on the Northern Securities
merger case.
MIR. Hoar gave notice that he would move
next Monday to take up the Dill Tor the
protection of the President.
Recent Pension Order.
Mr.. Carmack's resolution directing the
committee on the judiciary to make inquiry
into the right of the Secretary of the In
terror to issue the old-age disability PEN
sion order recently promulgated was taken
up by the Senate and its legal phases dis
cussed by it's author. Referring to the
disability pension law he said that 1t re-
quired due proof of disability. and said
you do not make due proof by begging
the question and simply presuming that
because a man is sixty-two years old he Is
disabled
He characterized the order as a piece of
executive legislation and criticised 1t as
another instance of executive encroach-
ment upon the prerogatives of Congress
He quoted from service pension bill pend
ing before Congress to show that the order
had copied it's exact language.
Why" Mr.. Carmack asked, and replied
that 1t was because it had become evident
that no pension legislation could be put
through Congress. Then" he went on.
1.-THE Secretary said. We won't fool with
those cattle up there (as the President
once called Congress); we won't fool with
those cattle. but we will accomplish the
same result by executive order, simple
twist of the wrist.
Mr. Foraker asked if it was not true that
Mr.. Cleveland had issued a similar order in
regard to Mexican pensions. but Mr.. Car
mack insisted that the action on Mexican
pensions was the result of legislation and
not of an executive order.
First Step Taken by Cleveland.
Mr.. Carmack admitted, however, in re-
Spouse to suggestions from MT McCum-
Der and Mr.. Aldrich 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. 1
admit that the first violation of the law
in this respect occurred at that time. The
order in that case was, however, COM
paratively reasonable and the precedent
has been violently seized upon by the
present occupant of the White House to
extend the practice
Mr.. McCumber, chairman of the COM
mittee On pensions said that the present
practice is to assume disability at the age
of Sixty-five He said there is no more
reason for assuming improper execution
Of the pension bureau under the new
regulation than under the old. He con-
tended that according to the order the
fact that a man has reached the age of
sixty-two is only taken as a prima facie
evidence of disability. The only effect of
the order would be to advance the age
three years.