Sickles and Howard on Vertans Disabilities Evening Star Washington DC 27 Jun 1904

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Sickles and Howard on Vertans Disabilities Evening Star Washington DC 27 Jun 1904 - Is in is is in to to in it Commends Order...
Is in is is in to to in it Commends Order Making 62 Age of Disability. TO PENSION VETERANS ATTITUDE OF CLEVELAND AND McKINLEY CITED. Analogous Cases In the Retirements From Active Service In the Army and Navy. Major General Oliver O. Howard. U. S. A., retired, has made public a letter he received received recently from Major General Daniel E. Sickles. U. 8. A.. retired, commending the famous pension order 78. Generals Howard and Sickles recently traveled to Gettysburg together to attend the Memorial day exercises. exercises. and It Is understood that there was a conversation between them regarding the order and that General Sickles expressed himself most freely In commending It. After returning to his home General Howard wrote to General Sickles and requested him to put In writing what he had said about the order. This General Sickles did and General Howard sent a copy of the letter to this city. General Sickles writes: "Order No. 78, dated March IB. 1W*. which recognizes old age as a disability incapacitating incapacitating a soldier or sailor to earn a living by manual labor, and. therefore, entitling entitling him to a graduated pension under the act of June 27. 181H). is sustained by precedent and law, and Is one of the wisest acts of President Roosevelt s admlnlstraCommisBioner admlnlstraCommisBioner Lochran's Order. "You and X have heard this order denounced denounced as usurpation of legislative authority authority by the executive. These critics forgot that Judge Lochran, President Cleveland's commissioner of pensions, by his order of September 2. 1MW, give the same effect to the act of 181*0, flxlnK-.hVwTT|r^.bmtvKTbe seventy-five as the period of disability, lne legality of Judge Lochrnn's order was not q"?Prl?s"lent McKlnley s Secretary of the Interior. In July. 18?7. 't^/nct ? Hat ?? claimant for pension under ine uti of June 27.whohas attained the age of sixty-live years, shall be entitled t<> least the minimum rate of pension (*? a month) provided by that act Thto ortsr President McKinley was not dlspuiea. "President Roosevelt's commissioner of pensions Colonel Ware. In his order No 78. 'X^HUchcock Erects that ?whenYclal'mant under the ^""he^l's -ssu ?f .h... ????. lWO.6 If"CUevela?id?and McKlnley were right. Roosevelt 1* right. Analogous Cases. .?It is the common experience of ^ankln rr Z V??"n?S??U: recognized old age at v,.teran soldier or affecting the fitnes President Roosesal.or Roosesal.or to earn a support ? ag<J able \ierlod"as Cleveland and ^^lnle^f '^e navy ITX '?? armv officers are retired at B,xt> 1K87 gress determined these J*? 80idiers Congress d^eeted <ha who were S?r *tety-two years of *ge, should be Pla?onthn $2hmore1per1 month^tha* is aHow^ed^by aHow^ed^by order ^war = of the same age. lae rremuein. th.TheaTlmfght\ Ruler has enacted that the great mass of mankind are serious y dlsS,ir?.".rnlaws' dlsS,ir?.".rnlaws' ?%*? S&^'tSSS^lgjSs of a veteran for disability, under the act of June 27 1KM?, shall begin at that age. at the rate of Jt! a month, asd be Increased gradutllv gradutllv until at the age of seientj. * 1- a month to allowed. As Senator Spooner well said- 'Service in the army to a draft upon the future which must be honored In old The average age of the survivors is now beiween sixty-two and sUty-tive years. Many a soldier or sailor, in one day of bat tie does the work of years. Veteran soldiers soldiers and sailors feel the Infirmities of age sooner than the average man. Orders of Cleveland and McKinley. "Is the Roosevelt order censurable because because It says that the disabilities of old age begin at sixty-two and culminate at sevj sevj enty? Why was not Cleveland denounced ' for the pension office order of ls ** because seventy-five years was fixed as the pensionable age? Why was not McKlnley denounced for the pension office order? f 1807? Is It because sixty-five years was fixed as the pensionable age? velt'B order i? a usurpation of legislative authority, then Cleveland and SfcKlnley are "particeps ciiminls'?equaly guilty. But nobody ever complained of these acts of Roosevelt's predecessors. It I- onlyour strenuous, young Hotspur, now President, who is found to be in fault In following the footsteps of his predecessors. ? ?Are these acts of Cleveland, McKlnley and Roosevelt lawful? Yes. It Is a long established rule of our courts that In constrmnK constrmnK a law which Is to be applied by the executive department of the government government the courts will sanction and accept the practical operation and effect given to the statute by those charged with the duty of putting It In force, unless such Interpretation Interpretation of the law Is repugnant to Its plain intent and meaning. For ten vears the government has regarded old age as a disability entitling a soldier or sailor of the civil war to a pension under the act of June 27 181K). which grants pensions to these who are unable to support themselves bv manual labor. Congress has uniformly appropriated the money necessary to pay these old-age pensions. These appropriations appropriations are all recognitions and approvals of the executive action, granting old-age penbU penbU us. The courts hold that such sanction by Congress Is conclusive on Judicial trlbu, trlbu, Supported by Supreme Court. "President Roosevelt's order No. 78, of March IB. 11)04. is. therefore, the law of the land?having authority of the executive, legislative and Judicial departments of the government. The propositions of law, maintained in this letter, are supported by familiar cases to be found In the reports o' the Supreme Court of the United States. See McKeen agt. Delany. 5 Cranch, 22i Brown agt. U. 8.. US U. S. M8; The Laura 114 U. S., 411; U. S. agt. Graham, 110 U. 8., 40' U. 8. agt. Phllbrlck, 120 U. 8 , 53; U. 8. agt. Johnston. 124 U. 8.. 236. "It to said that order No. 78 costs money. Yes that Is true. Time to responsible for thl*-not Roosevelt. The veterans are growing growing old: thousands of them, every year, pf ss the old age period of slrty-two. The war of the rebellion began more than forty years ago. Most of the men who fought for the Union are past three score years The critics have the consolation of knowing knowing that death will soon terminate the pensions pensions granted for old age. "Both parties, democratic and republican, have recognised and adopted this humane and reasonable Interpretation of the law. The courts of the United States will sustain ordeT No. 78 whenever one of the critics of the President will venture to go into ccurt to challenge Its legality. The arrows of his assailants will fall harmless at his feet. The living veterans of the civil war? their children und kindred, the descendants i.f the million who have died?and all of our people who cherish a manly sympathy lor the needs of their defenders, now tottering tottering toward their graves, will bless Roosevelt for his kindly and Just action. "Sincerely yours, (Signed) "D. E. SICKLES, "Major general, U. 8. army, retired." 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Clipped from Evening Star27 Jun 1904, MonPage 12

Evening Star (Washington, District of Columbia)27 Jun 1904, MonPage 12
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  • Sickles and Howard on Vertans Disabilities Evening Star Washington DC 27 Jun 1904

    rcollins_davis – 23 Aug 2017

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