New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-10-11
WASHINGTON.

WASHINGTON. Wednesday. Oct 10. 1896
IMPORTANT DECISION OF THB ArrSRSBY-aESERAL-
CLAIM AGENTS CAN COLLECT SOLDIERS BoUSrIEs
The Secretary of War some days ago having in
srctsd thu TO issue orders prohibiting
claim sgans from collecting soldiers bouncs the matter was
protested against by claim agents unconstitutional and
was then referred the United States Attorney General for
decision The following decision will be promulgated TO-
morrow: .......
ATTORNEY GENERALS OFFICE, Oct {, 1866.
Hon r. NJ STANTON, SECRETARY Of Var
SIR have considered the question which you have referred
10 me on the point whether the Secretary OF War has legal
authority exclude authorized attorneys and agents from col
Letting 6Ounes and whether the a. o. e asd ssa
stand these questions to arise upon the late Ac OF congress
approved July p 1900 granting saSna anu Upon
the 18th Section OF that Act Upon careful exam
aa9 On. sa HI SSuny anS no provision which
equres the claim for bounty to be presented by the claimant
ant in person Certainly express provisions to
that effect and there is nothing from which 1t can De implied
hi. widow minor children parents shall be paid the add
tcls bounty and that when Application Is maze Dy any
from the of this language, to require the soldier
to make his application in person or to receive
~ the Government which in these or similar cases
orbds the usual and convenient right OF substituting an
agent attorney The same language which would REQUIRE
the soldier make the application and collect the bounty In
person applied to his minor children and If we hold IL 70 9e
matter eang attention and action OF the soldier
we inevitably apply the same rule 10 the iniant children
the Of others such guard
an and administrators and are incompetent to act
for themselves To construct tins language SO as 70 reg
their personal Intervention would defeat the bounty intended
them until they should become sui geners whenever the
right I've asserted recovered does not from It's very nature
require the actual personal Intervention OF the claimant the
right of substitution necessarily prevails TINS right valuable
and absolutely necessary and seems 20 mo that It's denial
in matter OF claims for bounies would In many eases totally
defeat the claimant and In nearly al eases ead 70 great eA
pense and delay The bounty given BY tins act not gwen 70
soldier by in the OF an absolute GIT where
nothing is to be done only demand receive H. But
the persons who claim must their claims and must ex
touch the money The pursuit OF right bounty ia well
called claim and might well be called suit II areht
that Acknowledged of II must be established
by proof made according TO certain forms and finally be adud
Gated and allowed rejected II very analogous to ac:m
made OF law especially TO that class OF suits which
pare and in general just much require the IN
attorney 1t certain that Il this act should
Child OF a soldier. to make tho claim In person
and collect the money in person. comparatively lew could AVA
consent TO put such upon this Ishoud require
the ceares evidence that the intention OF Congress
ind evidence OF that intention In this act either expressed
which such intervention be inferred The statutes OF
agents who prosecute claims against the Government They
pay license under the Revenue their fees in some
OF loyalty the Government and punishable for frauds
committed in the prosecution Of claims Furthermore,
allowed by special OF Congress arising under general
laws treaties express provision made for the payment of
in which the OF attorney to be executed Under the
general act passed in 1916 aud since amended and IN
and collected by attorney claim and one Tho
pays the license and takes the oath may act such claim
agent except only officers Of the Goyenment persons en-
pyed In the Executive Departments and Members OF Con
gess ind also that by Joint resolution passed on the
10Th of July 1866 In relation TO bounties and
pensions to eolored soldiers, the intervention Of
claim agents is recognized. and the fees OF agents
who apply for and collect these claims specially regulated
and the agent is required TO make affidavit that he has no
interest the bounty beyond the fees and the collection OF the
same SO far therefore, the public policy is concerned
clear that by regulating the business and deriving
from exercise well by express recognition the
Intervention claim agents deemed lawful and expeent
therefore opinion that you have no legal authority 70 ei
clude authorized attorneys and agents nom collect;
ing bounties and that In the presentation and
payment Of claims the claimant may act By attorney.
see nothing In the rules and regulations prescribed Tor the
payment Of bounte which excludes the Intervention Of
attorneys they are sent subject Tbs form Of affidavit
prescribed 70 be made soldier and referred TO in the rules
contains this clause: nd he desires all communication
corning this claim be sent 10 him. This part the
OATH but only request for the onyenience Of the soldier In
the matter Of correspondence and Is subject 10 change by
another subsequent request 10 correspondence and
not ct eli inconsistent with special delegation 10 an attorney
Of power 70 present and collect the claims" -. -
1have the honor to be- very respectfully your obeden
want, HENRY SrNsBEaRi, Attorney General
CHR EXPECT OF THE ELgcrTox NEWS.
Ii + i I-Il mn