The National tribune., 1910-07-21
PENSIONS NOT CHARITIES.
Comrade Gooding Makes an
Able Legal Exposition on
the Subject.


compensated If they are part pay.
ment for valuable services in the past
that have not been fully compensated
they are not charity. Nor are tneS
gratuities in the sense of something be-
ing granted or given for no c0nsidera-
tion. The best analysis and defnltioii
of a pension-a war pensions found
in Donnelly's case G1SS1l, - Cour' VI
Claims page 105. The Court says:
"a pension is a periodical allowance
of money to a person in the nature part
" of a gratuity and partly of payment
for past benefits conferred; payment
because il is supposed to be IN con-
sideration of previous services rendered
10 the Government, or the public, Tor
which the compensation before made, II
any. was inadequate in proportion TO
the benefits received and the ability OF
the Nation in its prosperity TO pay;
gratuity, because it is not ordinarily
founded on contract, ana IN Sucn case
cannot be demanded as legal right uh-
til the Government has acknowledged
its moral obligation and made the grant
There is no other case that so clearly
defines what q pension is. 1t VIII be
observed that this definition says:
Payment, because it is supposed to be
in consideration of previous services
rendered to the Government, or the
public, for which the compensation be-
fore made, if any, was inadequate in
proportion to the benefits received, and
the ability of the Nation in its prosper
ity to pay II it is in the nature of
part payment for past benefits con-
ferred which have not been adequately
compensated, is it not absurd to call it
q charity, or a gratuity, as something
given upon no consideration? The
Court says it is partly in the nature of
a gratuity, but explains by saying "A
gratuity, because it is not ordinarily
founded on contract, and in such case
cannot be demanded as a legal right
until the Government has acknowledged
its moral obligation and made the
grant" OF course, it is not technical
legal obligation that could be enforced
in a. court of law, but is moral obli-
cation based upon a consideration of
past benefits conferred. The diction-
aries, both law and English, all define
a pension Substantially as in the case
sbove) as granted on a past valuable
consideration. Not one defines a war
pension as a charity or a gratuity. The
authorities in looking for the power to
grant pensions find it in the war power
Of the Constitution, the power to raise
and maintain armies, not in any in
herent charity power. Pensions under
the war power and war policy of the
Government are protected the same as
war pay.
war pensions" should not be con-
fused with other kinds of pensions, as
pensions given by corporations, or by
the Government, or by individuals 10
those who have rendered long and faith
full service in time of peace and in
peaceful pursuits, and who have been
once fully paid and compensated as
their services were rendered.
Great injustice is done to war veterans
by the thoughtless thinker conceiving
and believing that war pension is
gratuity, a charity, something given on
no consideration or on a consideration
that has been once fully paid. OF
course, there is no technical legal obli-
cation to grant pensions for war services
that court of law would enforce, but
there is a moral obligation that the
Government does and always has recog-
MED.
The difference in the two kinds of
service, military and civil, marks the
difference in the origin of the obligation
back OF the two kinds of pensions. In
the civil service there are fixed hours
of service, roofs to sleep under, whole
some food and plenty of it to eat, homes
and the endearments of homes and fam
lilies, and the absence of the exposures,
dangers and horrors of war. In the
civil service the compensation is based
upon labor and wages, and the wages
are considered ample and full compen-
sation- Either party may break civil
contract at any time, and the penalty
would be, at most, damages in civil
suit in a court of law. In the military
service, the kind of service and the con-
ditions are wholly different. For the
period of enlistment there is no home
no family-no shelter from the heat OF
Summer or the storms of Winter; NJ
control of ones body, where it will gt
or stay, or where sleep at night, IL sleeI
at all. The soldiers body is placed ant
moved by the orders of his superio
officers. No matter how arbitrary o
rash or unwise the order, there must b.
no question, no potest. II to charge a,
impregnable position to certain dealt
and to no purpose, the charge mus
teeming with malaria and deadly va
pors, there he must biyouac. If he ma
control his own soul, he may not hi
own body.
The dangers and horrors of actus
war are beyond definition or descrir
ton. Sherman knew as well as any on'
He could only say 1t was hell" PEI
haps he slightly exaggerated. The bat
tie of the Wilderness was much lik
hell, for the flames and smoke of tn
burning woods, suffocating and burnin
to death the already wounded and dy
ing, presented a picture of horror tht
hell could only duplicate but never e1
Gel.
Yet there are some who believe ths
war service is TO be classed with peac
service; that the pitifui stipend fixed b
statute for officers and men was amp
and full compensation for all the sacr
fees, hardships and horrors of the SER
fee. They cut short the whole matt,
by saying the officers and soldiers Ell
tered into the contract with the Govern
ment for their services and got Il
pay they contracted for, viewing it sol
ly as an ordinary civil contract. In
certain sense and to a limited extent
might perhaps be classed as a contrac
but certainly not classed with pea
contracts In peace contracts eth
party may at any time abandon
contract and quit the service, and II
utmost penalty would be money damal
in civil suit in court of law. I
abandon the contract, If such II was, f
war service was punishable by deaf
Some few soldiers in the civil W,
acted on the idea of their right to uu
the service and paid the death penalt
The Government refused to treat Il
case as one OF civil contract for wage
Who believes for a moment that Il
splendid men who left their homes al
families and business pursuits to endu
the hardships and hazards OF the ci,
war did so for the money there w
in It?
No one on reflection but the Shyloc
the tightwad, the soul-caloused mis,
Will contend that the splendid men vi
composed the grand volunteer army
the civil war were actuated by any st
sordid motive as mere money pay I
their dangerous and heroic servie
a6 nd hal -.