CAPE MAY HERALD, THURSDAY. SEPTEMBER »» 1904.

Put too Commissioner's Clear Defense of the A|e Pension Order. I k Ufkl U Principle nS k Law—Mi•eu of Parker CowtitatiM Club Well Sbowm.

«M—ilBn JU oMUr Na T8 b«4 inade oodM- aod hjr rlrtue of aotbortty graatad by eaognm tboro was Una one of throe raoraea to bo taken by

To the Editor of the Run: Sir-'All IiemoLTuU are countItutlonal lawyers aud occupy the relation to the Republican party that moagultuea do to a 0sheruian. I have recently aeen rei>ort No. 1. made by the Parker Constitution chib of New York. In which they find that pension order No. 78, known as the age order, is au Invasion of the constitution, and they hold the president responsible therefor. Order No. 7b was an order making the proof- of certain ages of old soldiers evidential facta of certain degree* of disability; not conclusive—only evidential. Seventy yean, being the Biblical age Of threescore and ten, was fixed aa the probaMv age of total disability, “which ao incapacitated them from the performance of manual labor aa to render them unable to earn a support." The foregoing are the words of the statute. ' <Tbe United States statutes make the commissioner of pensions- the executive officer to carry oat and enforce the pension laws. The laws are brief and need much interpretation, and the position of commiastonar is In many respect* analogous to that of a Judge in that he moat Interpret the law and weigh the evidence presented and declare therefrom whether the claimant Ja entitled to a pension or xwt Over 100,000 claims are by him rejected annually. ^Among other things which the com mlssionM- is called upon to decide to the meaning of the sentence abovf quoted. For Instance, What is “xnanugi Jabprr Notice a policeman strolling leisurely along. If fee performing manual labor? Is the nigiii watch IP afi U> % hotel or thy caster ij | bank nf miny another whom we might cite engaged In manual labor? The commissioner must decide what k “manual labor." The statute does not apply to brain labor, nor does it define "manual labor." Congress pen sion* for physical and net mental cayAgain, what la “a support?" Host an old soldier lire on rice or oa cerameal? la the support contemplated by congress the cheapest that will keep life in him at one meal a day? Must be live in a cellar or in a bonk, like a San • Francisco Chinaman Moat he wear rags? Must be wrap himself up in a piece of carpet and hibernate through the winter? The present attKode at thought in the'pension bureau is &at the word **Bupport r means clothes good enough to go to church In, and a respectable abode, and such medical attendance aa may be necessary, and three good square meals a day. and plenty of plug cut and several other things, and than •Ope more. ^ Order No. 78 finds that aa old soldier who la slxty-two years of ue to pryfyably able ti earn &oJy one-half oc this kind of a support and to entitled to 98 per month as a pension, and at sixtyfive be to two-third* disabled and en1 *O0ed to $8. This rule to within the strict Buie of statutory authority, human experience and executive precedent. No Democratic president. or commlaaioner will seer, abrogate.order No. 78. because it la for all time, yet a Democratic prmddent or commteatonre would have that power, and General Black, who had been pension oorarntaalnnar. knowing at this power, thought it wise to sng-

autborUy was granted, deny that the order area legal and refuse to pass toe appropriation; eeroodly. It cotfid repeal the law and abrogate the order; thirdly. It could recognise the order as legal and valid and vote an appropriation to carry It out. Congress, after bearing what everybody bad to aay. took the third course and voted the 11,500,000 to carry It oat Congress having approved the order and voted the money, the pensions began to issue- under the order and to be

paid.

How did tbs commlaaioner get the money to pay tboee pensions? How did be get It out of the treasury? Did Mr. Roosevelt go to Mr. Bbaw and treat him as Caesar did Metellua and take die money away from him? No. Did ftie commissioner open the treasury with a crowbar and abstract the money7 NO. Well, bow was It? Let us ask Mr. 8haw. He will say that not a dollar has gone out of the treasury without an appropriation hill paased by with branch of congress aud signed by the presiding officer of each

body.

When order No. 78 was issued Detoocratie newspapers ottered forfr reme-dies-the lmi>eachmrnt of the commissioner. the dismissal of the commissioner. a mandamus to compel the commissioner to do his duty aa they understood It and. fourth, an injunction to restrain action on order No. 78. The passage of the appropriation bill recognizing the legality of the order and voting the money to carry It outended the consideration of the remedies

§AMUKL F. ELD HEDGE. ArrouaxT-AT-iaW. SOLICITOR, MASTER IN CHANCERY

ST A*D

NOTARY PUBLIC. 810 Washixutox Bruitkt. Car* Mat Citt, New Jeuset.

This brings oa around to the proposition stated by the Parker Constitution dub in report No. L It reads: "We find that President Roosevelt deliberately disregarded article 1. section 9, of the constitution, providing. ‘No money shall be drawn from the treasury but In consequence of appropriations made by law.’ ” I submit the proposition to-any blacksmith In the United State*, with per feet confidence that be wtU see where that eminent body of lawyers mistook the meaning of that comprehensive . E. F. WARE.

Sept 19.

gfttfMiraxl tfarif.

JAMES M EC RAY, M. D. Cob. Peubt a an Wamusoton Bib. 2(Opposite Congress Hall.) Cave Mat Cm, N. J. Office Hours:— 8 to 9 a. m. 8 to 4 p. m. . 7 to 8 p. m.

J KWI8T.8TEVKNBC0CN8KLL0R AT LAW, 6)0 WASHrxurnx Br . CapeIIat, N. J. Master and Bolidtor in C|iancervNotary Public.. Commissioner for Pennsylvania.

)R. E. D. BURLEIGH, OSTEOPATHIC PHYSICIAN. No. 658 WAsmxcaTox Stexet, % Cape Mat, N. J. No. 1537 Csextxpt Bnucxr, *. „ PfUtADEKPUIA. -Member of the Faculty of the Philadel- ‘ phis Osteopathic College. Hours:— Tuesday, Thursday and Saturday. 9 to 11 a. m., 2 to 5 p. m. Sunday* 9 to II a. m., and by appointment Consultation free. v

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cum when be said, “Stealing the platform of the People’s party in 1896. •toalipc that of the RepubUcan party ia iioL bow can Democratic toadera pretend to lead a party baaed oouxictionsr’ A fresh proms of borrowing to announced by Bryan. He calls it “engrafting new doctrines oc the party creed." Meanwhile the party, as Wendell Phillips would aay. is prepared to "borrow from all Quarters, high and low, north and aootb, friend and foa." It to not a party at all; K Is a thing of b1~*“ and patches. It will pot ou and

yood the reach of bis party by making an act done in pursuance of congreaslonal authority the motive of-a spe-

cific act

There being nothing wrong in principle with order No. 78. let us now examine The particular charge of uncosatltflrlonsiUy which the .Parker Coo atitufion ciub aria forth. The club finds Preald. responsible for the order and finds that It contravenes section 9.of article 1, which reads as follows: "No money shall be drawn from the tree*wy but In oouacquenca of apprupria tions made hr law,*" History and the public records earning Order No. 78 show thdi it was mafic congress was In that the order was aa 19M. hat waa not to go ApriWJ 1904; that it was

It will purloin without

and discard without ceremony. It is prepared to resurrect an taana today and rain tar It tomorrow, funeral caremonlee omitted. It wears nothing of its own except the issues of “anti-im-perialism" and “antlmllltartsm." aud they are not garments at all. They are tbs cerements of sham phantoms.

Cave Mat, N. J.

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