Evening star. [volume] (Washington, D.C.) 1854-1972, 1922-03-09
SENATE GIVEN BILL
; RESTORING PENSION
: RIGHTS TO 1000
Continued from First Paxs.)

oral order from the Secretary of the
Interior. who has directed that no fur
ther annuity certificates be issued to
persons affected by the decision.
Must Be Corrected. Says Fall.
Secretary Fan Of the Interior Depart
nent today expressed the opinion that
fhe situation must be corrected by con-
OCCASIONAL action. In his letter to Sena-
tor" Sterling and Representative Lehl-
bach Mr.. Fall stated that the proposed
bill. il enacted will confirm the under
standing heretofore entertained by the
Civil Service Commission and by this
department. as to the status of employees
now in the service in relation to- the
retirement act and will validate in that
respect the actions heretofore taken In
its operation.
.'1t is believed that this bill will ap-
peal to all as very Just and urgent
measure for relief" Secretary Fall said
1T is hoped, therefore, that it may have
the favorable consideration Of your COM
noitte and early enactment by the Con-
gtesE." a Ef&NH
Cheeks to be Sent Out.
In case no action is taken by Con-
gress in the matter, it is up to the
disbursing officer of the pension Of
flee to draw up annuity checks as
usual, and send them to annuitants.
and 1t will then be the duty of the
controller general of the United States
TO decide if payment is legal. 1t was
stated at the office Of the controller
general today that che matter had not
been brought to it's attention as yet.
The whole matter. 1t became known
tpday, was brought up as the result
Of a test case, that of A. J. Bradforn.
a plate printer of the bureau of en-
craving and printing, as to whether
he was entitled to the benefits of the
retirement act.
4. As a concrete instance of what the
49, ENsHtv Mi NJ a II
"a the case of a legal adviser in his
own department, who has been in
continuous service for practically
, ttarty-five years, who Is not. under
the opinion of the Attorney General
deemed within the classified civil
service and entitled to the benefits of
tie retirement act.
:; Competitive Examination Vital
Edwin s. Booth, solicitor for the
Inferior Department.. constituting the
opinion for the Secretary of the IN
tafior. pointed out that the Attorney
General by the opinion holds that no
oIe is within the classified civil sery-
ice and entitled to the Dement'S of the
retirement act unless by competitive
examination.
The Attorney General holds that.
whiIe the President of the United
States by executive order might IN
clude within tho classified civil serv-
ice particular positions and classes,
such executive order would not en-
brace the person who holds the par
ticular position, except upon COM
petitive examination.
Removes Presidential App0intees.
This removes. according to the So
lieitor's Interpretation, from the bene-
fits of the retirement act all persons
who by executive order are holding
positions within the government and
placed in the classified civil service
and who did not enter such service
by competitive examination,
It is the opinion of the solicitor
that If the opinion of the Attorney
General is to stand. then the deduc-
tions from salary which 10000 in gov
eminent employ have been paying
since the retirement act passed must
he refunded.