The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1869-10-07

serted, II Ia deemed proper TO take that sub
ect under consideration also, as necessarily
involved In the other.
find that, In an opinion dated October 8, |
1865, Attorney General Stanberry had occa.
lion 70 consider the question, "Whether the
Secretary OF War has legal authority to ex.
,lude authorized attorneys and agents from
bounties, and whether the pre-
Of claims and payments are to be
This question appears to have arisen upon
the additional bounty" act Of July 2s, 1866,
and the rules and regulations prescribed by
the Secretary Of War under the 18th section
Of that act, IA Stat $685. The conclusion
arrived at was, that the Secretary had "no
legal authority to exclude authorized attor-
neys and agents from collecting bounties,
and that In the presentation and payment Of
claims the claimant may act by attorney"
This was PIT upon the ground that the act
contained no provision, either expressly or
implicitly, requiring the claim to be pre-
scented by the claimant In person.; that when
ever right to be asserted or recovered does
not, from Its very nature, require the actual
personal Interpolation Of the party interested,
the right Of substitution necessarily preysllsi
that the denial Of this right TO claimants for
bounties would lead to great Inconvenience,
and In many cases defeat the purposes OF the
act granting them; and that no Intention on
the part of the Legislature to require every
claimant to make claim In person, and col
lect the money In person, could be Inferred
from public policy, since Congress has, In
various ways, recognized the Intervention Of
them to take, an oath Of allegiance (l2 STAT,
6l0) by making them the objects Of special
taxation, IA Stat, 1ls) and by regulating
the fees and charges to be allowed for their
services In certain cases, (12 Stat, sos; Is
Stat, $50; IA Stat, 81, $685.
That opinion goes to affirm the general
right Of claimants TO transact their business
with the Department through the medium Of
claim agents, where not restrained BY sta
tute, together with the corresponding gene
raj right Of these agents to prosecute before
the Department the business which Is en-
trusted to them by their principals. or the
correctness OF this view there can DO no
doubt; and as general rule the Secretary
OF War cannot preclude the possessors Of
these rights from the enjoyment Of them.
But the point now presented is, whether,
notwithstanding all this, the Secretary may,
In his discretion, decline to recognize an
agent, or suspend the transaction of busi-
ness with him, for "frauds and fraudulent
practices" by such agent in the prosecution
Of claims before the department.
In my Judgment II Is entirely competent
for the Secretary to adopt this course under
those circumstances as measure for the
protection OF the public interests committed
to his charge. He is not bound TO rccog-
nize or to do business with any claim agent
who Is known 10 have perverted his voca-
ton for the purposes OF fraud, and whose
character Is such that a reasonable degree Of
confidence cannot be placed In his integrity
and honesty In dealing with the Govern.
ment. In the adjustment and payment or
claims upon the United States. and espe-
cially Of pension and bounty claims, where
the forms aud modes prescribed for estab-
sponsibillty Of public officer is necessarily
very great, and he cannot, under the weight
OF this responsibility, fairly be expected to
transact business with an agent whose past
conduct throws suspicion upon the genu-
ineness of every document that comes
through his hands, and in whose statements
he can repose no reliance whatever. Under
circumstances Of this kind he may, think,
very properly decline to expose the interests
OF the Government, as also Of claimants, 10
the danger Of becoming prey to dishonest
schemes and devices. Such, am Informed,
has long been the practice Of the Depart
mcnts, and II is founded upon the very neces.
sity that exists for its adoption In admin.
istering the laws relating to the settlemeu,
and payment of claims upon the Govern.
ment as safeguard against fraud.
Furthermore, 1t seems to me TO be just
and necessary Limitation upon the right Of
a party to be represented by an agent, and to
select the agent by whom he will be repre-.
sented, that he shall not employ q person
offensive or dangerous to the other party
with whom he is to deal. Thus he would
have no right to send thief, requiring spe-
Cial ntinna In void ha lnaa Of rtx
nor person whom the other party has rea.
son to believe is seeking to defraud him. On
the other hand, an attempt by an agent to
| deceive or defraud his principal, is, to any
person having notice Of the fact, a notice Of
the termination Of the agency, and II the
Government should afterwards CONTINUE to
deal with ouch all agent IL would become q
party to the fraud.
The Secretary OF War Is not, however, In
vested with any authority over the profes.
sional conduct OF claim agents, for the cor.
rection OF mere private grievances, CORE
| spending with that possessed by the court
Of law over attorneys practicing therein.
The relation between the latter is an Off
cial one, and from this Is derived the sum
mary Jurisdiction which courts exercise ove
their attorneys. But as between the De.
partments and agents prosecuting claims
before them no Official relation exists, and
/ tHU CcCrcttTy ucTlNt NO
| such authority from that source, aud none
is conferred upon him by any statute that
has come under my notice. may observe
that q power similar TO this, over the con-
duct Of patent agents, has been given the
Commissioner of Patents by the 9Th sectl n
Of the act Of March 2, 1861, re Stat, 247, }
which provides that 'for gross misconduct
he may "refuse to recognize any person al
patent agent, either generally or In any
particular case" subject to the approval o.
the President. But from the nature Of tn,
business transacted before the Commissions
the misconduct of patent agents canno
prejudice the pecuniary interests of th,
Government, but only the rights and Ia
terests OF individuals, so that the provision
Just cited could have been passed for n,
other object than to enable that officer Il
refuse the recognition OF such agents wher
the subject of complaint is in the nature of
private wrong, and where he might not b.
justified In SO doing simply as a measure
looking to the protection Of the public In
terest against loss. For the latter purpos
certainly no statutory authority was needed
deem 1t unnecessary In stating my view
upon the other branch of the subject pre-
sented to me, to enumerate the various ale
cations contained In Colonel Dodge's repor
against the parties named In the before-men
toned order. They appear to be SO numer
Gus In a majority OF the cases, and of S,
grave character In all, that coming as the,
do through the medium of an official report
made by an officer specially assigned to tn,
duty OF investigating the subject-matter Il
which they relate, cannot but regard then
as abundantly sufficient to warrant u
course pursued by you for the protection o
the interests OF the Government. But Their
Is an obvious propriety In promptly furnish
Ing the parties concerned with the charge
resting against them, and allowing them al
early opportunity to be heard In their ow
defence, unless, perhaps, 1t Is contemplate
to Immediately make them the subject @
judicial inquiry. This the ordinary princl
pies of justice would seem to require.
While upon this subject may also adj
that where frauds has been committed o
attempted to be committed upon the Gov
eminent by agents, or through their aid AM
assistance, by means OF fictitious claims an,
other devices, the statutes enacted for tn
punishment of such offences ought to be en-
forced against them, If practicable. so,also
where the provisions contained In the pension
and bounty acts, designed for the protection
Of claimants against the cupidity and op
preston Of their agents have been violated
the guilty parties ought to DO brought t,
justice. 1t is not enough simply to with
hold from them the opportunity toperpetrat
further offences; they should be made,
! fnssible EufTar tho nanalty imnnsnd Ia