The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-10-12
THE NEW BOUNTY BILL.
Collection OF Claims by Agents-OpIniOn
OF AL1OrneN.GnmnrnIS SInmberN.

Of fAttOrney-GenoraI stHnbery.
The following opinion of the Attorney General
mas been received by the Secretary of War;
ATTORNEY-CENERAL'sO OFFICE, WASHINGTON, ID.
T., Oct s. Hon. h. M. stanton, Secretary OF War
--Slr:-l have considered the question which yo1
have re erred to me, on the point whether the
secretary of War has legal authority 10 eX-
clude authorized attorneys and agents from
collecting bounties, and whether the presenta
ton of claims and payments are to be made by
and to the claimants IN person. | understand
these questions to rise upon the late act of
Congre-s, approved July 2s, 1866, granting
additional bountes, and upon the rules and
regulations presented by the Sc Sectetary OF
War under the hltcenth section OF that
act. Upon a careful examination OF all
the sections OF that act, which provides
for the additional bounty I find no pro-
vision which requires the person to present
his claim i'll person, or that requires tne pay
ment to be made to the claimant in person.
Certainly there are no express provisions TO that
effect, aud there. is nothing from which it 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 wnrn application Is IA aGe by
any solder for such bounty, etc, do not iner
an inteLtion from the use of this language to
require the soldier 10 make his appliCa ion in
person, or to receive the bounty IN person, nor
can ind any policy of the Government which
in these or similar cases lorbids the usual
and convenient right Of substituting an
agent or attorney. The same language
winch would require the soldier to make the
dppilCdIlOD ana Collect the bounty IN person IS
applied to his minor children, and # we hold 1t TO
be matter requiring the personal attention
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 guar
dlans, executors, and administrators, and are
incompetent to act Tor themselves. To construe
TINS language so as 10 require their personal
Intervention would defeat the bounty intended
1or them until they should become SUI J1u'iS.
wherever the right to be asserted or recovered
does not from its very nature require the actual
personal intervention OF the claimant, the right
OF substitution necessarily prevails. TINS right
is valuable, and often absolutely necessary, and
1T seems to me that its depial in the matter of
claims Tor bounues would in many cases totally
defeat the claimant, and in nearly all
cases lead to great expense and delay. Tne
bounty given by this act is not given to
each soldier by name in the way of an ahso-
lutte gilt where nothing is 10 be done but
only to claim and receive il, but the persons who
clam must prove their claims, and must exactly
conform to various forms and regulate ons before
they can touch the money. The pursuit OF a
right to bountyis well called a claim, and might
as well be called a suit. 1t is right that is not
acknowledged, as OF course it must be established
by proof made according TO certain forms, and
finally be adjudicated and allowed rejected
1t is very analogous TO clam made in d court
OF law, especially 10 that class of SUITS which
are er pd7te, and In general may Just as much
IequIre the Intervention of an attorney. IL Is
certain that if this act should be construed so as
to require every soldier and every child of a
soldier to make the claim in person and collect
the money in person, comparatively few could
avail themselves of tho bounty of the Govern.
ment. Before / could consent to put such
construction upon TINS act, should require the
clearest evidence that 1t was the Intention
OF Congress. ! find no evidence of that
intention in this act, either expressed or
so much as implied; nor is there any
public policy from which such an inter-
yention can be inferred. The statutes of the
Unlied States recognize such class OF persons
as claim agents, who prosecute CLAIMS against
the Government and pay a license under the
Revenue act. Their fees are in some cases regu-
Lated by statute; they are required to take an
oath of loyalty to the Government and are pun
ishable for frauds committed in the prosecution
of claims. Furthermore, as 10 all claims against
the United States, whether allowed by special
acts OF Congress, or arising under general la VS.
or treaties, express provision is made for the
payment of the claim to an attorney, and direc-
tioG given as to the manner IN winch the war
rant OF attorney is to be executed. Under the
general act passed in 1916, and since amended,
and nov in force, every claim against the Gov
eminent may be prosecuted and collected by an
attorney or claim agent and any one who pays
the license as such claim agent. except only Off
GERS Of the Government, persons employed in the
executive departments and members OF Congress-
the goth of July, 1866, in relation to bounties
and pensions to Colored soldiers, the interven-
ton OF claims is specially regulated, and the
agent is required to make affidavit that he has
no interest IN the bounty beyond the tees for the
collection of the same. So tar, therefore, as the
public policy is concerned it seems clear that
by regulating the business and deriving reye'
nue. lrom its existence, as well as by express re-
cogntion, the intervention of claim agents is
deemed lawful and eXpedient. / am, therefore, OF
opinion that you have no legal authority to eX-
clude authorized attorneys and agents from col.
lecting bOunties and that in The presentation and
payment of claims the claimant may act by at
torney. ] see nothing in the rules and regula-
lions prescribed for the payment Of these boun'
ties which excludes the intervention of attor
news: they are silent on the subject. The form
of affidavit prescribed to be made by the soldier
and referred 20 liz the rules contains the clause
"Ard he desires all communications concerning
this claim to be sent to aim" This is no par
OF the oath, but only request for the conve
nience OF the soldier III the matter OF correspon
deDce, and is subject to change by anoCher suD
sequent request, even as to correspondence, anC
is not al all inconsistent with a SPECIAL delega
ton to an attorney Of power to present anC
collect the claims. have the honor to be yer,
respectfully, your obedent servant,
HENRY STANBERY, Attorney-General.