The National tribune., 1906-12-20
A SERVICE PENSION \ CONTRACT.


| No matter what may BE- alleged to
have been said at the time of enlist
ment, q service pension MAS a well
understood part of the contract under
which the volunteers entered The SER
vice OF the United States. 1t belongs
to that nature of obligations which
spring from immemorial custom and
which are always recognized by the
courts as having the full force of law.
Any court will recognize an established
custom as being entirely compulsory.
a court will require an absolute. $pcci-
! lic agreement before allowing any Tio-
influence its decisions.
Even before the formation of the
Government what was equivalent 10 .
service pension was the invariahle prac-
| tise of the colonies. In every c"'ony
the men who served in Indian and 9TH
er wars received some provision III their
Old age, and this principl" was 80 well
| established that the ncWly-formCd Gov
crnment recognized it. and quite early
| in its history assumed the burden OF
providing in their old age for the men
who had fought for Independence; that
is, it recognized that the custom o. the
colonies was correct aud just i'll princi-
| pie, and when the colonies were united
into a General Government that Gov
ernment assumed the duties which they
had rightfully performed as separate
States. Ever since the formation Of the
Government a Service Pension bill has
been passed at some period after tho
conclusion of the war for the benefit of
the men who in their youth took part
in that war. Not only was a Service
Pension bill passed for the Revolutions
ary soldiers. but also there We're SINH
lar bills passed for those who partici-
pated in all the Indian wars, big or
little. Then came a Service Pension bill
for those who took part in the War of
1872, and this was followed by service
pensions for the veterans of the yari-
Gus Indian wars that the country en-
gagged in subsequent to the War OF
1872.
The passage OF the Mexican War
Pension bill was q recognition Of this
principle which the Government held
to be so binding that it was only just
to pay pensions to the Mexican War
veterans, tho much the greater portion
of them had later engaged in the war
against the United States, and had done
all in their power TO destroy the Gov
ernment. This fact alone shows how
deeply engrafted in our policy is that
of passing Service Pension bill, and
how it necessarily formed a part of the
contract under which the soldiers of
1S61-65 entered the service of the Coy
ernment. 1t does not matter for an
instant whether any recruiting officer
promised a service pension or whether
it was expressed in any article of en-
listment The overwhelming fact re-
mains of the invariable custom of the
Government to give a service pension
at some period after the war. and this
was ipse facto part OF the contract
unless it had been specifically disclaim-
ed in the article of enlistment.
Such being the case, why should there
be any delay on the part of the Gov
ernment in fulfilling its share of the
contract. 1t Is now 4 years since APP
pomattox, greater period than was
allowed 10 elapse between the close of
any previous war and the passage OF
Service Pension bill. The beneiiciar-
les of such a measure. the men to whom
a Service Pension bill is owed. are now
in their utmost need of such a measure
of relief. and any delay in passing it
adds the highest cruelty to injustice
and to reputation. Every man who
dies without receiving the benefits of
this measure of justice Is defrauded in
a shameful and indefensible way. And
the veterans are dying at the rate o.
$4,000 year