Pension law

“ No pensioner has a vested legal right to his pension. Pensions are the bounties of the government, which congress has the right to give, withhold, distribute, or recall, at its discretion. Walton v. Cotton, 19 How. 355. Therefore, the contention of the relator, that having received the pension of $72 under the general law, he is also entitled to the pension of $50 granted him by the special act, is without ground to rest on. ”

“ The Superannuation Acts afford pensions to those who have been in the Post Office not less than ten years. Sometimes a deserving and distressed Post Office servant has not served long enough to qualify for a pension, and sometimes help is needed by persons whose time has been partly spent in the postal service, but who, because they have been permitted to carry on some other occupation, are not entitled by law to any pension at all. A pension, even if it should prove to be sufficient for the pensioner's own support, ceases at death, and the widow and orphans are often left destitute. ”

“ The chairman of the House Committee on Pensions calculates that the number of pensioners under this bill would be 33,105 and the increased cost $4,767,120. This is upon the theory that only those who are entirely unable to work would be its beneficiaries. Such was the principle of the Revolutionary pension law of 1818, much more clearly stated, it seems to me, than in this bill. When the law of 1818 was upon its passage in Congress, the number of pensioners to be benefited thereby was thought to be 374 ”

“ The large and increasing number of instances in which claims for increase of invalid pensions having been once adjudicated, are immediately, or before a reasonable time has elapsed, renewed, and new adjustment urged, is a source of embarrassment to the office, and the question presents itself whether it might not be well to prescribe by law a definite period of time during which, after any adjudication of an invalid-pension claim, acquiesced in by the claimant, the rate of pension should remain as fixed in that adjudication. ”

“ Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension roll, subject to the provisions and limitations of the pension laws, the name of Mary Lucetta Arnold, widow of Isaac Arnold, junior, late lieutenant colonel, Ordnance Department, United States Army, and pay her a pension at the rate of forty dollars per month in lieu of that she is now receiving. ”

“ A revision of our pension laws could easily be made which would rest upon just principles and provide for every worthy applicant. But while our general pension laws remain confused and imperfect, hundreds of private pension laws are annually passed, which are the sources of unjust discrimination and popular demoralization. ”

“ But while we should be actuated by this spirit to the soldier himself, care should be exercised not to go to absurd lengths, or distribute the bounty of the Government to classes of persons who may, at this late day, from a mere mercenary motive, seek to obtain some legal relation with an old veteran now tottering on the brink of the grave. The true spirit of the pension laws is to be found in the noble sentiments expressed by Mr. ”

“ The fact that 102 different rates of pensions are paid can not, in my opinion, be made consistent with justice to the pensioners or to the Government; and the numerous private pension bills that are passed, predicated upon the imperfection of general laws, while they increase in many cases existing inequality and injustice, lend additional force to the recommendation for a revision of the general laws on this subject.
The laxity of ideas prevailing among a large number of our people regarding pensions is becoming every day more marked. ”

“ That such is the case, and moreover that it is usual to define such pensions as being given in consideration of past services, has led to the putting forward very generally the argument that pensions, whether given by a government or by private employers, are in the nature of deferred pay, and that holders of posts which carry pensions must therefore be rewarded by a remuneration less than the full market rate, by the difference of the value of the pension. ”

“ Since the last-mentioned date, and during the last session of the Congress, 644 such acts became laws.
It seems to me that no one can examine our pension establishment and its operations without being convinced that through its instrumentality justice can be very nearly done to all who are entitled under present laws to the pension bounty of the Government. ”

“ The employer, the employee, or both, make a contribution each year toward the pension to fall due on the retirement of the employee,” who receives a bond each year that assures him a pension when he retires, each bond being complete in itself. This scheme costs little to administer and it meets the objection against a non-contributory system, that although pensions defer pay only the employee who survives in the same service until retirement receives the benefit promised, by the provision that this bond is given each year and becomes his property, to be realized at a fixed age in later years. ”

“ An attempted distinction as to pension measures for employees retired by reason of age, because old age is not in itself a consequency of employment, is but superficial. The common judgment takes note of the fact that the retirement of workers by reason of incapacity due to advancing years is an incident of employment and that a fair consideration of their plight justifies retirement allowances as a feature of the service to which they have long been devoted. ”

“ The first provision made by Congress for pensions was a resolution passed on the 26th of August 1776, promising invalid pensions to officers and men of the army or navy who lost a limb or were otherwise disabled in the War of Independence, at a rate equal to half of their monthly pay as officers or soldiers during life or continuance of the disability, those not totally disabled to receive an adequate monthly pension not to exceed half of their pay. ”

“ From the larger economic as well as from the larger moral standpoint the plan of a contributory pension seems to promise least danger to society and the greatest result. I am inclined to believe from such evidence as the pension systems which now exist can furnish that a justly regulated compulsory contributory pension system, on the whole, promises most both for the individual and for the social organization. ”

“ They assert that it would be unthinkable to retire a man without pension, and add that attempted separation of retirement and pensions is unreal in any practical sense, since it would be impossible to require carriers to cast old workers aside without means of support. The supposed impossibility arises from a failure to distinguish constitutional power from social desirability. The relation of retirement to safety and efficiency is distinct from the relation of a pension to the same ends, and the two relationships are not to be confused. ”

“ There could be but one undeniable test of an ex-Governor’s due claim to a pension, since on the question of a man’s hospitalities evidence would vary to eternity. There are those whose buttermilk is better than their neighbours’ bordeaux. I repeat, there could be but one test as to the claim; and as we read in a police sheet, as a sufficient ground for arrest, the two words, “Drunk and Disorderly,” so should any commission on pensions accept as valid grounds for a pension, “Insolvent and a Bankrupt.” ”

“ There are far too many neighborhoods in which are found glaring cases of inequality of treatment in the matter of pensions, and they are largely due to a yielding in the Pension Bureau to importunity on the part of those, other than the pensioner, who are especially interested, or they arise from special acts passed for the benefit of individuals. ”

“ While it is the rule under general laws that two pensions shall not be paid to the same person, inasmuch as the widow is entitled to the pension she is now receiving upon grounds different from those upon which the special bill was passed, and no intention is apparent in the special bill that the other pension should be superseded, it may result that under the peculiar wording of this bill she would be entitled to both pensions. ”

“ Government pensions for both husband and wife are paid when they have reached the age of 60 years, and when their income does not exceed $250 a year. The pension paid is $2.40 a week each, $4.80 for the old couple. Citizens who are incapacitated, and have not reached the age of 60 years, are also paid the $2.40 a week. Young persons deformed or mentally incompetent also receive the pension, or, rather, their guardians do. In cases where a man dies and leaves a widow and children without means of support the government looks after them. ”

“ Compensation acts are said to be a response to the demands which inhere in the development of industry, requiring new measures for the protection of employees. But pension measures are a similar response. If Congress may supply a uniform rule in the one case, why not in the other? If affording certainty of protection is deemed to be an aid to efficiency, why should that consideration be ruled out with respect to retirement allowances and be admitted to support compensation allowances for accidents which happen in the absence of fault? ”

“ With their headquarters in Washington and their agencies in every State, these pension-attorney firms flooded the land with their circulars, approaching every veteran personally to persuade him that he could have a pension, whether he had sustained any injury in the war or whether he was able to make a living or not, and that they would help him to it. Tens if not hundreds of thousands of pensioners may therefore truthfully say that while they did not think of applying for pensions, they were urged upon them by the attorneys. ”