Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-10-15
The CoIlecn6n Of TtounsIes! 30
The following opinion of the 9Attorne..
General was received by the Secretary %
ATTORNEY GEEERAt's QRTIGEI-,


War yesterdays 3lusng aI sr9.fsai..r, 1,b
lid ATTORNEY GENERAL's OFFICE d, Il.
H WAsHINGToY,D, c., Oct. s, 1866.
Hon. q. N, Stanton, Secretary Of, Var: -. - 9
SIR--I have considered the question
which you have referred to me, OH the
point whether the Secretary of War has
legal authority to, exclude authorized at.
torneys and agents from collecting bOun-
ties, and whether the presentation of
claims and payments are TO be made by and
to the claimants in person. understand
these questions to arise upon tbe~late act
OF Congress approYedJ July %, 1866, grant
ing additional bounties, and upon the rules
aud regulations presented by tile Secretary
OF War under the fifteenth section of Tthat
act. Upon careful examination, OF
all the sections of that act, which
provides for the additional bounty, l
find no provision which requires the
claimant to present his claim in per-
son, Orathat requires the payment to be
made to the claimant in person. Certainly
there are no express provisions to that
effect, and there is nothing from whichit
can be implied. 1t is true the language Is
that the soldier, or in certain cases his
widow, minor children or parents, shall be
paid the additional bounty; and that when
application is made by any soldier for such
bounty, &C. L do not infer an intention
from the use Of this language to require
the soldier to make his application in per-
son, or to receive the bounty in person; nor
can [ find any policy of the. Government
which in these or similar cases forbdS the
usual and convenient right of substituting
an agent or attorney. The same language
which would require the soldier to make the
application and collect the bounty in per-
son Is applied to his minor children, aud if
we hold it to be & matter r. curing the
personal attention and action Of the
soldier, we must inevitably apply the same
rule to the infant children. But these can
only act by the agency Of others, such as
guardians, executors and administrators,
and are Incompetent to act for themselves
TO construe this languages so as to require
their personal Intervention would, defeat
the bounty intended for them until they
should become SUI jltriS. Wherever
the right to be asserted or recov
cred does not from its very nature
require the actual personal intervention
OF the claimant, the right of substitution
necessarily prevails. This right is valha
Bile, and often absolutely necessary, and5 IL
seems to me that its denial in the matter of
claims for bOunties would in many cases
totally defeat the claimant and in nearly
all cases lead TO great expense and delay
The bounty given by this act is not given
to each soldier by name in the way of an
absolute gifC, where nothing is to be done
but only to claim and receive it, but the
persons who claim must prove their claims,
and must exactly conform to various iorms
and regulations before they can. touch the
money. The pursuit of u right to bounty
is well called claim, and might as well be
called suit. 1t is right that is not ae-
knowledged, as of course it must be estab-
lished by proof made according to certain
FORMS and finally be adjudicated and allow
ed or rejected. 1t is very analogous tO. a
| claim made in q Court of law, especially to
| that class of suits which are e1 pdfteeand in
general may Just as much require the inter-
ventiOn of an attorney. 1t is certain that
If this act should be construed so as to re-
quire every soldier and every child OF a
soldier to make the claim in person and COL
lect the money in person, paIatively few
could avail themselves of the bounty of the
Government. Before | could consent to
put such a construction upon this act
should require the clearest evidence that it
was the intention of Congress. find no evi-
deace of that intention in this act, either ex-
pressed or so much as implied ;lnor sthere
any public policy from which such an in
tervention can be inferred. The statutes of
the United States recognize such a class Of
persons as claim agents, who prosecute
claims against the Government and pay a
liz ense under the Revenue act. Their fees
are in some cases regulated by statute;
they are required to take an oath of loyal
ty TO the Government, and are punishable
for frauds committed in the prosecution OF
claims. Furthermore, as to all claims
against the United States, whether allowed
by special acts of Congress, or arising ulI-
der general laws or treaties, express pro-
vision is made for the payment of
the claim TO an attorney and di-
rection given as to the manner in which the
warrant of attorney Is to be executed. Un-
der the general act passed IN 1916, and siDce
amended, and new in forcevl every claim
against the Government may be prosecuted
and collected by an attorney or claim agent,
and any one who pays the license as such
claim agent, except Only officers of the Cow
ernment personsemployed in the executive
departments and members OF Congress.
find, al. o, that by a joint resolution passed
on the 20th of July. 1866, in relation to boun-
ties and pensions to CulOred soldiers, the iu-
teTvention Of claim agents, who apply for
and collect these claims, is specially rtgtl-
lated, and the agent is required to make at
tidavit that he has no interest in the bounty
| beyond the lees for the collection OF the
same. So lar, therefore, as the public, policy
is concerned, it seems clear thar by regu-
lating the business and deriving aievenue
from its existence rs well as by express
recognition, the heintervention ofclam agents
| is deemed lawful and eXpedient, | am,
therefore, of opinion that oti haVeno legal
authority to exclude authorized attorneys
and agents from collecting bounties, and
that in the presentation and payment OF
claims the claimant may act by attorney.
see nothing in the rules and regulations
| prescribed for the payment of these boun-
ties whichexeludes the iuterventon OF at
torneys; they silent, on the subject. The
form. of affidavit prescribed to be made by
the soldier and referred to in the rules con-
! tains The clause: "And he desires all COM
municationsi concerning this claim to be
sent to him." This is no part of the OATH
but only request for the convenience OF
the soldier in the matter Of correspondence
and is subject to change byan6theFsubse-
quent request,s even as to correspondence,
aud is notat all inconsistent with a special
delegation to an attorney of power to pre-
sent and collect the claims.
have the honor to be, very respectfully,
'"Aii" Your obedient seTvantpigi 81 17yr
y'4W.h1Ej os O. HENRY. STANBERY, D IA
.a7gnot4.l ,rf edi Attorney General I